Hermosa Beach City Council
November 3, 2022

Attachment 13: Current Long-Term Agreements
Organization Event Term Annual Fees
Payable to the City
Estimated Annual
Total of Fees Paid
Annual Fees Waived Estimated Annual
Total of Fees Waived
Twin River Management Group AVP –
Hermosa Beach Open
December 8, 2020-
July 12, 2023
Direct Cost(s):

Amplified Sound
Parking (TBD)
City Staff, Resources, and or
Inspections (TBD)
Indirect Cost(s):

Category III x 6 days
Set-up x 6 days
Tear-down x 3 days
$22,093 (plus parking
and City Staff,
Resources, and or
Inspections TBD)
Direct Cost(s):

Application Fee
$616
Best Day Foundation Beach Day June 14, 2020-
September 10, 2023
None None Direct Cost(s):

Application Fee
$616
The Jewish Community Center Community Chanukah
Celebration
December 14, 2022-
December 18, 2023
Direct Cost(s):

Amplified Sound
$181 Direct Cost(s):

Application Fee
Indirect Cost(s):

Pier Plaza Use
$12,928
Fine Arts Group
of Hermosa Beach
Fine Arts Festival September 24, 2021-
June 11, 2023
None None Direct Cost(s):

Application Fee
Indirect Cost(s):

Category III x 2
Set-up
$7,364
Great Autos of Yesteryear Endless Summer
Classic Car Show
May 7, 2022-
May 6, 2023
None None Direct Cost(s):

Application Fee
Indirect Cost(s):

Pier Plaza Use
$12,928
Friends of the Parks Pets in the Park,
Movies at the Beach, and
Pumpkins in the Park
September 17, 2021-
October 14, 2023
Direct Cost(s):

Amplified Sound x 3 events
Parking (TBD)
$543 (plus parking TBD) Direct Cost(s):

Application Fee
x 3 events
Indirect Cost(s) –
Movies at the Beach:

Category III
Set-up
$8,874
Hermosa Beach
Education Foundation
Hearts of Hermosa March 1, 2021-
March 26, 2023
Direct Cost(s):

Amplified Sound
City Staff, Resources, and or
Inspections (TBD)
$181 (plus parking and
City Staff, Resources,
and or Inspections TBD)
Direct Cost(s):

Application Fee
Indirect Cost(s):

Category III
Set-up x 2 days
$4,407
139

Attachment 13: Current Long-Term Agreements
Organization Event Term Annual Fees
Payable to the City
Estimated Annual
Total of Fees Paid
Annual Fees Waived Estimated Annual
Total of Fees Waived
Spyder Surfboards Spyder Surf Fest April 24, 2021-
April 22, 2023
Direct Cost(s):

Amplified Sound
Parking (TBD)
$181 (plus parking TBD) Direct Cost(s):

Application Fee
Indirect Cost(s):

Pier Plaza Use
$12,928
International Surf Festival July 28, 2021-
August 7, 2023
None None Direct Cost(s):

Application Fee
Amplified Sound Permit
Parking (TBD)
Indirect Cost(s):

Category III
Set-up
$11,336 (plus parking
TBD)
Shakespeare by the Sea July 13, 2022-
July 13, 2023
None None Direct Cost(s):

Application Fee
Amplified Sound Permit
$797
Estimated Annual
Total of Fees Paid:
$23,179 Estimated Annual
Total of Fees Waived:
$72,794
140
Memorandum
Community Resources Department ● 710 Pier Avenue ● Hermosa Beach, CA ● 90254 To: City Council
From: Community Resources Manager Lisa Nichols
Date: November 2, 2022
RE: Supplemental Item: Update to Item XIV(a): Designation of a Maximum Amount of Fee Waivers for Special Events Held in 2023
Since the posting of the November 2, 2022 City Council agenda, an update is necessary to the Staff Report for Item XIV(a): Designation of a Maximum Amount of Fee Waivers for Special Events Held in 2023.

Table 2: Awarded 2022 Fee Waiver Grants in the staff report should be updated with the following table and information to follow:

Organization Event Fee Waiver Grant
Amount
Mychal’s Learning Place California Great Santa Stroll $2,500 Claire’s Place Foundation, Inc. Glow Ride for
Cystic Fibrosis
$927.50
Hermosa View Vista Valley
Parent Teacher Organization
(HVPTO)
Dolphin Dash $1,740
Indivisible Arts State of the Art $300
Our Lady of Guadalupe
Church
Easter Sunrise Mass $1,740
USAV U19 World Championship
Trials and World University
Championship Trials
$170
Skechers Foundation Skechers Pier to Pier
Friendship Walk
$2,500
Total Fee Waiver Grants: $9,877.50
Remaining Balance: $10,122.50
141
At its April 5, 2022 meeting, the Parks, Recreation and Community Resources Advisory Commission did not approve the fee waiver request from the Alzheimer’s Association for its Walk to End Alzheimer’s in the amount of $2,500.
142
City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
REPORT 22-0694
Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of November 3, 2022

FORMAL ADOPTION OF THE SPECIAL EVENT

LONG-TERM AGREEMENT PROGRAM
(Community Resources Manager Lisa Nichols)
Recommended Action:

Staff recommends City Council approve the Parks, Recreation and Community Resources Advisory Commission’s recommendation to formally adopt the Special Event Long-term Agreement Program.

Executive Summary:

The Community Resources Department is tasked with overseeing special event requests and permits on public property. The Special Events Policy Guide (Attachment 1) serves as a comprehensive document for event producers with information on the review and approval process, applicable fees, policies, and Hermosa Beach Municipal Code chapters and sections pertaining to special events. At its January 14, 2020 meeting, City Council approved the implementation of the Long-term Agreement Policy for three-years as a pilot program, requiring the Parks, Recreation and Community Resources Advisory Commission (Commission) to review and provide an update on the effectiveness of the program following two years of implementation, which would have been the latter part of 2021.

Following the implementation of the program with the 2020 calendar year, several events were cancelled due to COVID-19 precautionary measures. At its August 4, 2020 meeting, Commission recommended to City Council the extension of the pilot program by one year, ending in 2023, which would result in Commission’s review to take place in the latter part of 2022. At its October 27, 2020 meeting, City Council approved the extension. At its September 6, 2022 meeting, the Commission reviewed the Long-term Agreement Pilot Program and recommended City Council formally adopt the program.

Background:

At its October 1, 2019 meeting, the Commission recommended the Special Event Fee Waiver Grant Policy for approval by City Council. City Council approved the policy at its October 10, 2019 meeting.

City Council adoption of the Special Event Fee Waiver Grant Policy resulted in several events that had previously been awarded fee waivers to no longer be eligible under the new requirements. As a result, City Council directed staff and the Special Events Subcommittee (Subcommittee) of the City of Hermosa Beach Page 1 of 6 Printed on 10/28/2022 powered by Legistar™143
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REPORT 22-0694
result, City Council directed staff and the Special Events Subcommittee (Subcommittee) of the Commission to expedite the creation of a Long-term Agreement Policy, to serve as another opportunity for event fees to be subsidized with a decrease or elimination of the fees through a negotiation process between the City and event representatives.

At its November 4, 2019 and December 3, 2019 meetings, the Commission reviewed drafts of the Long-term Agreement Policy and provided input. At its January 14, 2020 meeting, City Council was presented the final draft of the policy, which incorporated input from the Commission. City Council approved the final draft and the implementation of the Long-term Agreement Policy as a pilot program for three-years commencing with the 2020 calendar year, requiring the Commission to review and provide an update on the effectiveness of the program following two years of implementation, which would have been the latter part of 2021.The following actions were also included in City Council’s motion:
· Include Pets in the Park and Pumpkins in the Park as part of the Long-term Agreement process; and
· Allow Long-term Agreements for the following events to be handled administratively by staff:
o Spyder Surf Fest
o Hearts of Hermosa
o AVP-Hermosa Beach Open
Following the implementation of the program with the 2020 calendar year, several events were cancelled due to COVID-19 precautionary measures. At its August 4, 2020 meeting, Commission recommended to City Council the extension of the pilot program by one year, ending in 2023, which would result in Commission’s review to take place in the latter part of 2022. At its October 27, 2020 meeting, City Council approved the extension.

At its September 6, 2022 meeting, Commission reviewed the Long-term Agreement Pilot Program and recommended City Council formally adopt the program.

Past Commission and City Council Actions
Meeting Date Description
October 1, 2019 Commission’s recommendation to City
Council to approve the Special Event Fee
Waiver Grant Policy
October 10, 2019 City Council approval of the Special Event Fee Waiver Grant Policy and direction
provided to the Special Event
Subcommittee to expedite the creation of
a Long-term Agreement Policy
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Meeting Date Description
October 1, 2019 Commission’s recommendation to City
Council to approve the Special Event Fee
Waiver Grant Policy
October 10, 2019 City Council approval of the Special Event Fee Waiver Grant Policy and direction
provided to the Special Event
Subcommittee to expedite the creation of
a Long-term Agreement Policy
November 4, 2019 Commission review of the first draft of the Long-term Agreement Policy
December 3, 2019 Commission review of the second draft of the Long-term Agreement Policy and
recommendation to City Council for
approval of the policy
January 14, 2020 City Council approval of the Long-term Agreement Policy as a three -year pilot
program and direction provided to staff to
include Pets in the Park and Pumpkins in
the Park as part of the Long-term
Agreement Program and for Long-term
Agreements to be handled
administratively by staff for Spyder Surf
Fest, Hearts of Hermosa and AVP –
Hermosa Beach Open
August 4, 2020 Commission’s recommendation to City
Council to extend the Long-term
Agreement Pilot Program by one -year
because of 2020 event cancellations due
to COVID-19
October 27, 2020 City Council approval of the Long-term Agreement Pilot Program one -year
extension
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Agreement Pilot Program one -year
extension
Discussion:

Staff began accepting Long-term Agreement applications for special events that meet the eligibility requirements on September 17, 2020. The Special Events Policy Guide outlines the Long-term Agreement Policy, which requires event producers to submit a letter addressing how the organization or event meets the eligibility requirements in addition to the Long-term Agreement Application.

Following staff’s review of each application, the Commission reviews and provides a recommendation to City Council on whether or not the City should enter into a Long-term Agreement with the event representative. If Commission recommends proceeding, and City Council affirms the recommendation, staff begins negotiations with the event representative and returns to City Council for formal adoption of the final agreement.

Since the implementation of the Long-term Agreement Pilot Program, the City has entered into 10 Long-term Agreements. Attachment 9 provides a table of current Long-term Agreements including:
the event representative; event; the term of the agreement; fees payable to the City; and the estimated total of fees waived annually for each agreement.

In addition to the Long-term Agreement Policy providing an opportunity for event fees to be subsidized with a decrease or elimination through a negotiation process between the City and event representatives, the policy allows longstanding community events to solidify its event dates for up to three years. The policy eliminates the need to submit a Special Event Application each year and participate in the annual review and approval process by Commission and, if required, the City Council. This allows consistency, eliminates date conflicts, and assists with the creation of the Special Event Calendar each year.

The Commission does not recommend any updates or modifications to the Long-term Agreement Policy.

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
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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. • 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 8. Special events at the beach are balanced to support community recreation and economic development without restricting coastal access or impacting the community.

Policies:
• 8.3 Community-focused events. Prioritize the approval of special events that enhance the sense of community, improve economic vitality, and foster a healthy environment and active lifestyles.
• 8.4 Family-focused events. Prioritize events that appeal to a wide segment of community members.

Fiscal Impact:

The estimated annual event revenue would be approximately $23,179 from the current Long-term Agreements. The estimated annual total of subsidies through fee waivers would be approximately $72,794 from the current Long-term Agreements.

Attachments:

1. Special Events Policy Guide

2. Link to October 1, 2019 Commission Staff Report

3. Link to October 10, 2019 City Council Staff Report

4. Link to November 4, 2019 Commission Staff Report

5. Link to December 3, 2019 Commission Staff Report
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6. Link to January 14, 2020 City Council Staff Report

7. Link to August 4, 2020 Commission Staff Report

8. Link to October 27, 2020 City Council Staff Report

9. Table of Current Long-term Agreements
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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HERMOSA BEACH

SPECIAL EVENTS POLICY GUIDE
149
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
150
2 Table of Contents
General Information + Frequently Asked Questions.......................................................................................3 When is a special event permit required?
How do I apply for a special event 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……………………………………………………………………….…….6 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…………………………………………………………………………………….……………10 Current Fee Schedule
Application Fees
Special event permit Fee
Additional Fees
Damage Deposit
Refund/Cancellation Policy
Compliance…...…………………………………………………………………………………………...……12 Environmental Requirements
Applicable Codes + Regulations
Fee Waivers…...…………………………………………………………………………….…………...………13 Funding Limits
Eligibility
Approval
Obligations
Disqualification
Long-term Agreements………………………………………………………………………………..…………14 Eligibility
Term Limits
Procedures
Obligations
151
3 General Information + Frequently Asked Questions
When is a special event permit required?
Any organized event, activity, celebration, or function involving the use of the beach at which one hundred or more persons are to be assembled, or use of outdoor city facilities, rights-of-way, or parkland at which twentyfive or more persons are to be assembled, requires a special event permit. Additionally, a special event permit shall be required for any commercial or non-profit group requesting use of any outdoor city facilities, rights-ofway, or parkland within the city.

How do I apply for a special event 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 no special event permits be issued. This means that any application for a special event permit that coincides with the designated “Nothing Weekend” will be asked to change dates for the event to be considered.

How will this policy be enforced?
The special events policy will be strictly enforced by Community Resources Department, Code Enforcement Officers, and the Police Department. Events, either permitted or unpermitted, found to be violating City policy 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 policy or the Hermosa Beach Municipal Code may be subject to greater deposits, regulation, or restrictions when submitting special event applications in the future.

Where are special events allowed?
To ensure adequate space and resources are available, and to limit potential disturbances to the community, special events are limited to the following locations:
• South of Pier within the Commercial Zone; between 10th Street and the Pier; • North of the Pier within the Commercial Zone; between the Pier and 15th Street; • Designated Surf Zone
• The Strand
o Strand use is only permitted for events continuously moving with no obstruction to public access; • Pier Plaza;
• Within public right of way (please note that any event within the public right of way is subject to approval by the Chief of Police); and
• The following City parks:
o Valley Park, 2521 Valley Drive;
o Community Center, 710 Pier Avenue;
o Clark Field, 861 Valley Drive;
o Edith Rodaway Park: 350 Prospect Avenue; and
o The Greenbelt.

Special event applications for City parks not included above will be considered on a case-by-case basis.

Special event permits will not be issued for South Park, 425 Valley Drive, or Noble Park, 1400 The Strand. 152
4 Commercial Zone
153
5 Use Classifications + Impact Characteristics
Special events are evaluated based on several factors and will be categorized as Impact Level I, II, or III based on the information provided in the special event 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 deadline for the special event application submittal; o requirements for pre-event meeting(s) and post event walk through(s); and o level of review for approval (City staff, Parks, Recreation and Community Resources Advisory Commission and/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 Total Attendees and Spectators
Per Event Day
100-500 501 – 1,999 2,000 or More
Event Location(s) Park or Beach The Pier or Pier Plaza Streets, the Strand, or Public Right of Way
Use of Volleyball Courts and
Beach Tennis Courts
None • North
Volleyball
Courts; or
• Beach
Tennis Courts
• North and South
Volleyball Courts;
or
• North and South
Volleyball Courts
and Beach Tennis
Courts; or
• North Volleyball
Courts and Beach
Tennis Courts
Event Season(s) Winter Spring or Fall Summer –
Peak Season
(Memorial Day to
Labor Day)
Event Day(s) Monday - Thursday Friday, Saturday, or
Sunday
Holiday
Total Consecutive Event Days
(Including Set-up and Tear-down)
1-2 3-4 5 or More
(May not exceed 15)
Additional requests such as Film/Still
Photo Permit, Reserved Parking,
Fencing, Staging, Street Closures, or
Amplified Sound Permit
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 event application is required to be submitted and pass-through events are required to follow the approval process required based on the Impact Level assigned to the event.

Pier Plaza Promotions
154
6 The Pier Plaza Promotion option is designed to provide companies or event sponsors a one-day promotional opportunity on Pier Plaza subject to the 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 event application. Up to five Pier Plaza Promotions may be approved each calendar year.

Approval Guidelines + Requirements
Event Approval Findings
A special event 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.

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 (as requested and determined by City staff).

6. Adequate provision has been made for trash clean-up and pick-up (as requested and determined by City staff).

7. Adequate provision has been made for additional portable restroom facilities (as requested and determined by City Staff).

8. The total number of days required for the event shall not exceed sixteen consecutive days.

9. The applicant provides required insurance, deposits, bonding and indemnification of the City.

Application Submittal Deadlines and Approval Process
Special event applications must be submitted as follows:
• New events: If the new event is an Impact Level I or II, the application must be submitted at least ninety (90) days in advance of the event. If the new event is an Impact Level III, the application must be submitted no later than July 30 for the following calendar year. New events to Hermosa Beach will be subject to a Public Hearing by both the Parks, Recreation and Community Resources Advisory Commission and City Council.
• Returning Level III events: Must be submitted no later than July 30 for the following calendar year. 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.
• Returning Level II events: Must be submitted at least ninety (90) days in advance of the event. 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. • Returning Level I events: Must be submitted at least thirty (30) days in advance of the event. Level I events will be reviewed, and permits will be issued by the Community Resources Manager. Should the Community Resources Manager recommend denial of a special event, that decision may be appealed to City Council.
o Pier Plaza Promotions: Review and approval of Pier Plaza Promotion events will follow the same approval process as Level I events.

Any returning event to the City that is requesting a significant change to the event format including the location, total event days, or estimated attendance and spectator total may be subject to the application submittal deadlines and approval process outlined for new events at the discretion of the Community Resources Manager.

The Parks, Recreation and Community Resources Advisory Commission and City Council will evaluate and recommend approval of Impact Level III events and a “Nothing Weekend” first, and then will consider approval of Impact Level II events. Then staff will consider approval of Impact Level I events. Events submitted earliest will be given priority for their preferred dates. 155
7 Review Timeline Application Period
Opens
Last Day to
Submit Application
Parks, Recreation and
Community Resources
Advisory Commission
Review
City Council Review
Impact Level I
October 15
(for following
calendar year)
30 days prior to event n/a n/a
Impact Level II
October 15
(for following
calendar year)
90 days prior to event Beginning in
December n/a
Impact Level III July 1
(for following
calendar year)
July 30
(for following
calendar year)
September Meeting October Meeting
At the discretion of the Community Resources Manager, special event 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 The Community Resources Manager and the City’s Special Events Team will participate in the review and approval of special event applications submitted after the deadline has passed. The Parks, Recreation and Community Resources Advisory Commission and City Council will receive an update on the status of events submitted after the deadlines.

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, the Strand, and Pier Plaza 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 45 days used by Level III Events
o Maximum of 25 days used by Level I and II Events, and (on days not used by Level III Events) Events under a Long-Term Agreement will be categorized by their Impact Level o City Sponsored/Contracted Events will be categorized by their Impact Level 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. Additionally, only two events per any given day will be permitted in the City.

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. An exception may be 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 City Council.

Impact to Beach Tennis Courts
Any event requesting removal of the Beach Tennis Courts must provide one of the following:
• An event footprint that would allow for at least three of the permanent Beach Tennis Courts to remain for general public use; or
• Temporary Beach Tennis Courts available for general public use. o Temporary courts must remain at least 50 feet from the strand wall and shall not block beach access or hinder emergency access onto and from the beach by the Los Angeles County Lifeguards. If temporary courts are provided outside of the Commercial Zone, outside of the event footprint, it is the responsibility of the event producer to set-up and remove the courts daily as they are not permitted to remain overnight.
156
8 o The City and Beach Tennis community would assist with providing the temporary poles and nets to the event producer and provide guidance for installation/removal.

Event Notifications
The Community Resources Department may require event producers to provide written notification to all residents and businesses within a 500-foot radius of the event site. The City shall provide the notice, which shall include the date and time of the event and the telephone number of the designated event representative.

Said written notice shall be provided to the surrounding residents and businesses by the event representative not less than 1 week prior to the event. Additionally, new event requests for locations outside of the Beach or downtown area, require event notifications to be posted at the event site leading up to the scheduled Public Hearing to provide the community additional notice of the proposed new event.

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 all City Departments involved or impacted by the 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, which are involved or affected by the event.

Permits may also specify a time for a “post-event walkthrough” where the applicant, event coordinator, or an authorized representative of the applicant is required to be present, 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, and /or equipment to be erected, ingress and egress, number and type of vehicles and whether existing structures and/or 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 City approved recreational events or activities.

All event-related activities and set-up shall not block beach access or hinder emergency access onto and from the beach by the Los Angeles County Lifeguards.

All tents must remain at least 10 feet from the Strand wall.

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 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 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.
157
9 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 process. 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 event 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 event 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/Still Photo Permit is required for any event utilizing professional filming or still photo equipment or recording or photographing of activities resulting in commercial use. Information about professional filming permits can be obtained on the City of Hermosa Beach website.

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 158
10 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 event 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.

Current Fee Schedule
Event Categories Fee
Category I
• Less than 500 people
Non-profit: $2 per registrant
and roster of participants
due to City
Commercial: 70/30
split of proceeds
and roster of participants
due to City
159
11 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.

Application Fees
Upon review of the special event 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 event permit fees and is non-refundable.

Special Event 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
160
12 • 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 event 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

8.64 Ban on Polystyrene Food Service Ware
Title 9 – Public Peace Morals and Welfare

9.28 Parties, Events and Gatherings on Private Property Title 10 – Vehicles and Traffic

10.28 Loading and Unloading

10.32 Stopping, Standing and Parking
Title 12 Street, Sidewalks and Public Places

12.20 Beach and Strand Regulations

12.24 Municipal Pier
161
13 12.28 Parks, Playgrounds and Other Public Areas

12.30 Special Events on Public Property
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 special event application filing, review, and approval process. Events and organizations that qualify for a long-term agreement or in a City Contract 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 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 during the Peak Season between Memorial Day and Labor Day.

Eligibility
In order to be eligible to apply for a Special Event Fee Waiver Grant, the special event must be a returning event to the City and have been successfully approved through its applicable approval process as outlined in the Special Event Policy Guide. New events to the City do not qualify for a fee waiver grant. 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.

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. The organization producing the event must meet the following criteria:
1) An organization that is not delinquent on city permits or fees. 2) The organization and/or event can demonstrate:
a. A community benefit; or
b. A positive economic impact as a result of the event.

Applicants will be requested to demonstrate the following:
• A financial need or other economic justification to be considered for a Fee Waiver Grant; • A positive community benefit through the organization or its event by meeting at least two of the following criteria:
a. The organization and/or event serves, involves, and/or promotes Hermosa Beach, its residents, schools, and/or businesses;
b. The organization and/or event can demonstrate broad community support and sponsorship; c. The event appeals to a wide segment of community members; d. The organization and/or 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;
e. The organization can demonstrate a commitment to supporting the City’s active and healthy lifestyle as a result of the event; and/or
f. The organization/and or event addresses an unmet community need. • A positive economic impact as a result of the event by providing the following information:
162
14 a. If the event is consecutive days, data indicating the total number of participants that utilize overnight lodging in the City of Hermosa Beach; and
b. Data indicating the participants spending in Hermosa Beach during the duration of the event at any of the businesses in the City of Hermosa Beach.

Additionally, applicants must be able to fully fund their event should they not receive a fee waiver grant and may not be dependent on the fee waiver grant to determine their ability to hold the event.

Events 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 fee waiver grants.

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
• Economic Impact Report
• Successful fulfillment of previously awarded grant obligations.

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:
• 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.
o Overview of the community benefit and/or positive economic impact to the City of Hermosa Beach.

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
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, the event(s) must meet at least three of the following:
163
15 □ 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 □ 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.
□ The event can demonstrate:
o A community benefit; or
o A positive economic impact as a result of the event.

Applicants will be requested to demonstrate a positive community benefit through the organization or its event by meeting at least two of the following criteria:
□ The organization and/or event serves, involves, and/or promotes Hermosa Beach, its residents, schools, and/or businesses;
□ The organization and/or event can demonstrate broad community support and sponsorship; □ The event appeals to a wide segment of community members; □ The organization and/or 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 organization can demonstrate a commitment to supporting the City’s active and healthy lifestyle as a result of the event; and/or
□ The organization/and or event addresses an unmet community need.

Applicants will be requested to demonstrate a positive economic impact as a result of the event by providing the following information:
• If the event is consecutive days, data indicating the total number of participants that utilize overnight lodging in the City of Hermosa Beach; and
• Data indicating the participants spending in Hermosa Beach during the duration of the event at any of the businesses in the City of Hermosa Beach.

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 demonstrating how the organization meets the criteria.

2. Review and recommendation for City Council approval by the Parks, Recreation and Community Resources Advisory 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. 164
16 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, et 165
166

Attachment 13: Current Long-Term Agreements
Organization Event Term Annual Fees
Payable to the City
Estimated Annual
Total of Fees Paid
Annual Fees Waived Estimated Annual
Total of Fees Waived
Twin River Management Group AVP –
Hermosa Beach Open
December 8, 2020-
July 12, 2023
Direct Cost(s):

Amplified Sound
Parking (TBD)
City Staff, Resources, and or
Inspections (TBD)
Indirect Cost(s):

Category III x 6 days
Set-up x 6 days
Tear-down x 3 days
$22,093 (plus parking
and City Staff,
Resources, and or
Inspections TBD)
Direct Cost(s):

Application Fee
$616
Best Day Foundation Beach Day June 14, 2020-
September 10, 2023
None None Direct Cost(s):

Application Fee
$616
The Jewish Community Center Community Chanukah
Celebration
December 14, 2022-
December 18, 2023
Direct Cost(s):

Amplified Sound
$181 Direct Cost(s):

Application Fee
Indirect Cost(s):

Pier Plaza Use
$12,928
Fine Arts Group
of Hermosa Beach
Fine Arts Festival September 24, 2021-
June 11, 2023
None None Direct Cost(s):

Application Fee
Indirect Cost(s):

Category III x 2
Set-up
$7,364
Great Autos of Yesteryear Endless Summer
Classic Car Show
May 7, 2022-
May 6, 2023
None None Direct Cost(s):

Application Fee
Indirect Cost(s):

Pier Plaza Use
$12,928
Friends of the Parks Pets in the Park,
Movies at the Beach, and
Pumpkins in the Park
September 17, 2021-
October 14, 2023
Direct Cost(s):

Amplified Sound x 3 events
Parking (TBD)
$543 (plus parking TBD) Direct Cost(s):

Application Fee
x 3 events
Indirect Cost(s) –
Movies at the Beach:

Category III
Set-up
$8,874
Hermosa Beach
Education Foundation
Hearts of Hermosa March 1, 2021-
March 26, 2023
Direct Cost(s):

Amplified Sound
City Staff, Resources, and or
Inspections (TBD)
$181 (plus parking and
City Staff, Resources,
and or Inspections TBD)
Direct Cost(s):

Application Fee
Indirect Cost(s):

Category III
Set-up x 2 days
$4,407
167

Attachment 13: Current Long-Term Agreements
Organization Event Term Annual Fees
Payable to the City
Estimated Annual
Total of Fees Paid
Annual Fees Waived Estimated Annual
Total of Fees Waived
Spyder Surfboards Spyder Surf Fest April 24, 2021-
April 22, 2023
Direct Cost(s):

Amplified Sound
Parking (TBD)
$181 (plus parking TBD) Direct Cost(s):

Application Fee
Indirect Cost(s):

Pier Plaza Use
$12,928
International Surf Festival July 28, 2021-
August 7, 2023
None None Direct Cost(s):

Application Fee
Amplified Sound Permit
Parking (TBD)
Indirect Cost(s):

Category III
Set-up
$11,336 (plus parking
TBD)
Shakespeare by the Sea July 13, 2022-
July 13, 2023
None None Direct Cost(s):

Application Fee
Amplified Sound Permit
$797
Estimated Annual
Total of Fees Paid:
$23,179 Estimated Annual
Total of Fees Waived:
$72,794
168
City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
REPORT 22-0697
Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of November 3, 2022

EXTENSION OF TEMPORARY OUTDOOR PERMIT PROGRAMS AND

DOWNTOWN LANE RECONFIGURATION AND UPDATE ON DEVELOPMENT OF

PERMANENT PROGRAMS
(Environmental Programs Manager Doug Krauss)
Recommended Action:

Staff recommends City Council:

1. Receive an update on the development of permanent versions of the outdoor dining and downtown lane reconfiguration programs;

2. Provide input on staff recommendations for certain elements of the permanent program; and

3. Consider waiving full reading, introducing by title only, and adopting by four-fifths vote an Urgency Ordinance of the City of Hermosa Beach, California, extending by six months a Temporary Permit Program for Outdoor Dining/Seating and Outdoor Retail Display to Assist Restaurants, Food, and Retail Establishments During Covid-19; and Extending Temporary Lane Closures to Accommodate Outdoor Permits; and Setting Forth the Facts Constituting Such Urgency (Attachment 1).

Executive Summary:

At its December 14, 2021 meeting, City Council provided staff with direction to develop permanent versions of the temporary outdoor dining and downtown lane reconfiguration programs that were created in response to the COVID-19 pandemic. This direction included temporarily extending the programs through May 2022. At its May 24, 2022 meeting, City Council extended the programs again through January 1, 2023.

Council further directed staff to return with an update detailing next steps and timelines for program development. This item provides an update on the project; requests Council’s direction on certain program elements essential to the required environmental review; and includes an Urgency Ordinance (Attachment 1) extending the programs for an additional six months. If approved, the Urgency Ordinance would allow completion of the necessary environmental review and development of the proper administrative, funding, and legislative mechanisms to allow permanent programs.

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Staff Report
REPORT 22-0697
Background:

The City has long supported and encouraged outdoor dining on private and public property to supplement indoor operations. With the onset of the pandemic and related heath orders, businesses were limited to conducting business outdoors. Recognizing this hardship, City Council approved a program to allow expanded outdoor dining and other commercial activity. The City also suspended zoning and parking requirements to allow outdoor dining on private property and established a temporary encroachment permit program to allow encroachments into sidewalks, public streets, and Pier Plaza. Both the private property programs and encroachment program (together, the “Outdoor Permit Program”) include a basic set of guidelines pertaining to hours of operation, permitted uses, maintenance, etc.

The City issued over 60 permits during the term of the Outdoor Permit Program in a variety of commercial locations. Initially, City Council allowed these uses without consideration of any encroachment area rents or reimbursement of lost parking meter revenue. Pursuant to the urgency ordinances that established and later extended the Outdoor Permit Program, the program remains in effect until terminated or superseded by ordinance. In June 2021, Council approved extension of this pilot program through December 31, 2021 and authorized implementation of a reapplication process for outdoor dining areas that included:
· Renewal of applicants’ permissions from neighboring businesses where decks encroach upon the frontage of these other businesses. This renewal served to reconfirm cooperation and coordination between businesses, especially in light of changing situations regarding health orders, capacities, etc.; and
· Requirement of a surety bond or deposit to fund any City costs related to deck removal in the event of maintenance emergencies or abandonment.

At its December 14, 2021 meeting, Council approved an extension of the programs through May 31, 2022. At its January 25, 2022 meeting, Council discussed implementing new fees for the temporary outdoor dining encroachments and approved a fee of $1.50 per square foot per month to begin March 1. Four businesses decided to remove their on-street decks, one modified their deck area, and one sidewalk dining area was removed. None of the extended encroachment areas on Pier Plaza have been removed.

City staff continues to work with all the businesses utilizing the temporary encroachments to help ensure fees and necessary paperwork have been submitted. Program revenues for the temporary encroachment areas are estimated to be approximately $400,000 annually. At its February 8, 2022 meeting, Council also approved reinstatement of the prior permanent encroachment fees. These fees generate approximately $280,000 annually. At that meeting Council also approved program refinements related to the use of temporary canopies, branded furniture, aesthetic concerns, fee City of Hermosa Beach Page 2 of 9 Printed on 10/28/2022 powered by Legistar™170
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payment, and enhanced maintenance.

Lane Reconfiguration
At the May 12, 2020 City Council meeting, City staff presented an item describing a concept to repurpose sections of public right-of-way to improve multimodal traffic safety and expand physicaldistancing options for the public and businesses per Los Angeles County Health orders related to the COVID-19 pandemic. The City Council moved quickly to accommodate these programs and staff developed guidelines based on information gathered from existing programs in other cities and internal review of policies and regulations.

City Council directed staff to work with the Economic Development Committee (EDC) to explore aspects of the program that could directly benefit local businesses. At meetings in August and September 2020, Council directed staff to move forward with designs of lane reconfiguration concepts for both Hermosa Avenue and Pier Avenue. These concepts included removing one through vehicle lane in each direction, addition of a bike lane, installation of new on-street ADA accessible parking spots, and associated signage and pavement markings (hereafter, the “Downtown Lane Reconfiguration Program”). At the October 27, 2020 meeting, Council awarded a contract to perform the work. Work began in early January 2021 and was completed by January 16, 2021. As directed by Council, the lane reconfiguration was to be in place for at least six months starting from the completion date of the work and therefore was to operate until July 2021. At its July 13, 2021 meeting, Council approved a Resolution extending the Downtown Lane Reconfiguration Program through the end of 2021. At its May 24, 2022 meeting, Council approved an extension of both programs through January 1, 2023.

Past Council Actions
Meeting Date Description
June 9, 2020 Approved Ordinance 20-1410U allowing temporary permit program for outdoor dining in response to pandemic.

July 14, 2020 Directed staff to proceed with development of lane closure plans.

June 22, 2021 Approved extension of the outdoor permit program through December 31, 2021.

July 13, 2021 Approved Resolution authorizing extension of lane reconfigurations.

October 26, 2021 Approved development and implementation of permanent versions of these programs.

December 14, 2021 Approved development of permanent programs, and extension of temporary programs through May 2022
January 25, 2022 Discussion and approval of new fees for temporary encroachments
February 8, 2022 Approved reinstatement of existing fees for permanent encroachment areas
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July 13, 2021 Approved Resolution authorizing extension of lane reconfigurations.

October 26, 2021 Approved development and implementation of permanent versions of these programs.

December 14, 2021 Approved development of permanent programs, and extension of temporary programs through May 2022
January 25, 2022 Discussion and approval of new fees for temporary encroachments
February 8, 2022 Approved reinstatement of existing fees for permanent encroachment areas
May 24, 2022 Approved extension of programs through January 2023 June 14, 2022 Approved additional refinements to the outdoor dining programs
Discussion:

As directed by Council at its October 26, 2021 meeting, staff developed a proposed planning and implementation schedule for development of permanent versions of the Outdoor Dining Program and Downtown Lane Reconfiguration Program. The schedule included approval of urgency ordinances temporarily extending the programs, which allowed more time to develop the proper administrative, funding, and legislative mechanisms to allow permanent programs.

The administrative functions for this program development include: amendments to HMBC Title 12 (Street, Sidewalks, and Public Places) for commercial encroachment into the right-of-way and potential changes in HBMC Title 17 (Zoning); CEQA analysis; discussion of encroachment fees; and analysis of potential measures, such as alternative transportation and parking management strategies, to offset the conversion of on-street public parking to other uses, in conjunction with application for a Coastal Commission development permit.

The table below summarizes the planning and implementation tasks. A column detailing status and progress is also included.

Task Performed By Status and Updates
Evaluation of
environmental effects
(CEQA Analysis)
Consultant(s), City
Attorney
Define scope of CEQA analysis based on Staff
and Council direction of Project characteristics.

Initial Encroachment Fee
Schedule to Council
City staff Fees for temporary encroachments were
approved in January 2022 and existing
encroachment fees were reinstated in February
2022.

Municipal Code
Amendments to Council
(and/or Commissions, as
appropriate)
City
staff/consultants
Initial development underway. To be informed
by CEQA analysis and Coastal Commission
permit application.

Coastal Commission
Coordination and
permitting
City
staff/consultants
Staff and Coastal Commission have identified a
5-year pilot program as the optimal strategy for
the required Coastal Development Permit.

Stakeholder Meetings City staff and
community
stakeholders
Informal stakeholder group meetings have
been held to inform design and policy.

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Schedule to Councilapproved in January 2022 and existing encroachment fees were reinstated in February
2022.

Municipal Code
Amendments to Council
(and/or Commissions, as
appropriate)
City
staff/consultants
Initial development underway. To be informed
by CEQA analysis and Coastal Commission
permit application.

Coastal Commission
Coordination and
permitting
City
staff/consultants
Staff and Coastal Commission have identified a
5-year pilot program as the optimal strategy for
the required Coastal Development Permit.

Stakeholder Meetings City staff and
community
stakeholders
Informal stakeholder group meetings have
been held to inform design and policy.

Program Design
Standards
City
staff/consultants
Stakeholder group is assisting and additional
engagement is forthcoming.

Public Outreach and
surveys
City
staff/consultants
Targeted for first half 2023.

Final Implementation City staff 2023
Update and Council Direction
Since the Council was last updated on the program at its June 14 2022 meeting, staff has made progress on various aspects of the program development as briefly described:
· Coastal Development Permit: City staff met with Coastal Commission staff and established that a 5-year pilot program would be an effective approach to lead to a permanent program.

The pilot program would include ongoing monitoring and assessment to document the project’s effect on parking and coastal access. This may also include testing a variety of programs and measures to ensure adequate coastal access is maintained during the pilot.

Staff is currently working to develop acceptable measures to be incorporated into the program that would satisfy the criteria for the Coastal Development Permit and will continue to work with Coastal Commission staff to ensure the program would meet their requirements; · Code amendments: Staff is working with the City Attorney to identify the various code amendments that may be necessary to establish permanent outdoor dining programs in the public right-of-way. Staff is working to determine the most efficient and thorough way to accomplish the code amendments and will return to Council with next steps before Summer 2023; and
· Technical Evaluation of Potential Environmental Effects: Since 2021, staff has worked with technical consultants to identify traffic and parking patterns in the downtown area and throughout the City to understand the potential effects of the temporary outdoor dining program on circulation and parking. Utilizing these two years of data, in combination with historical data, staff is gaining a better sense of the effect of outdoor dining and the lane reconfigurations on transportation patterns and any consequent impact on emissions (Attachment 2). Additionally, staff enlisted the expertise of acoustic consultants to evaluate potential effects on roadway noise resulting from lane closures associated with the existing City of Hermosa Beach Page 5 of 9 Printed on 10/28/2022 powered by Legistar™173
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temporary outdoor dining program.

As discussed in the technical memoranda in Attachment 2, these recent technical studies conclude that the current temporary outdoor dining and lane reconfiguration programs do not result in substantial traffic diversion from the downtown area to any portion of the City, and therefore do not substantially increase roadway noise nor emissions in residential neighborhoods or other areas.

Staff is working to finalize the direction and characteristics of the project so that the California Environmental Quality Act (CEQA) analysis may be initiated, and the impacts of the program evaluated. The project description will include a description of the whole of an action and the underlying physical activity being approved. Per the City’s CEQA consultant, the permanent program’s potential environmental impacts will ultimately be evaluated in comparison to baseline conditions prior to the current temporary program (“No Project”).

While specific details such as aesthetics of the dining decks (design guidelines) or procedures (permitting process) will be developed later, staff seeks Council’s guidance on the following project parameters to affirm that the project matches the goals of the Council and community. These parameters closely resemble the conditions of the current temporary program which, as described above, does not present any significant environmental impacts. Council’s feedback on the items below will help ensure that staff continues to move forward efficiently to develop the details of the permanent program and, simultaneously, finalize the project description for CEQA purposes:

1. Permanent outdoor dining would only be allowed in C1, C2, and SPA-11 zoning areas;

2. Permanent outdoor dining would only be allowed along roads posted 25 miles per hour or less;

3. No additional lane reconfigurations are required and the existing changes made in conjunction with the temporary program would remain;

4. There would be a maximum displacement of 80 on-street parking spaces for the permanent dining areas with a maximum total area of approximately 9,500 square feet of dining deck area;

5. The outdoor dining would only be allowed in areas where the new use does not obstruct access to public utilities and infrastructure for emergency or maintenance purposes;

6. All dining areas would be in an area where all public services and facilities are available to allow for maximum development permissible in the General Plan;

7. The area in which individual dining areas would be located is not environmentally sensitive; and

8. No individual dining area that significantly impacts an historical resource would be permitted.

Items 5-8 listed above pertain to specific CEQA considerations, related to location of specific outdoor dining areas that would be included in the final program details.

Geographic extent of outdoor dining areas
Staff recommends the permanent outdoor dining program be allowed citywide but with restrictions. In addition to site-specific restrictions such as accessibility to utility infrastructure or fire hydrants, etc. that are still under development, staff recommends on-street dining areas only be allowed in C1, C2, City of Hermosa Beach Page 6 of 9 Printed on 10/28/2022 powered by Legistar™174
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that are still under development, staff recommends on-street dining areas only be allowed in C1, C2, and SPA-11 zones to minimize impact on residential areas. This would also allow the program to exist in diverse areas throughout the City.

For safety purposes, staff recommends that dining areas only be allowed on streets with speed limits of 25 miles per hour or less (Attachment 3). Discussions with City traffic engineering specialists have indicated that areas with speed limits of 30 miles per hour or more would require traffic studies and safety devices that would be prohibitive and not cost effective for prospective businesses.

Maximum number of outdoor dining areas
At the program’s peak utilization in Spring of 2021, there were 71 parking spaces occupied by onstreet dining decks throughout the City. Staff used this number to guide the potential maximum total of decks allowed under the proposed permanent project. For reference, as of October 2022, there are 17 on-street dining decks occupying 35 parking spaces with a total square footage of 8,257.

Establishing a maximum number is important to help guide the ongoing monitoring and assessment of coastal access that will be required as part of the Coastal Development Permit. The information must also be included in the CEQA analysis to ensure that any potential impacts are evaluated and addressed appropriately.

Staff recommends the number of on-street parking spaces occupied by the total outdoor dining area not exceed 80 on-street spaces. Eighty on-street parking spaces represent two percent of the total public parking inventory (3,969 parking spaces) in the City’s three coastal parking zones that approximately cover the entire length of the City, west of Valley Drive. Additionally, staff calculated the approximate area of these potential dining areas at roughly 9,500 square feet of public right-of-way being occupied. After subtracting the approximate area of traffic barriers and safety buffer zones within these areas, the total net outdoor dining area available that would occupy 80 on-street parking spaces would be 6,300 square feet.

Staff seeks Council’s direction and recommends approval of these project features to allow completion of the technical evaluation of potential environmental effects which will subsequently inform the project description and CEQA analysis.

Staff also recommends Council adopt the draft Urgency Ordinance (Attachment 1) to allow the existing temporary outdoor dining program to continue through July 1, 2023. This would allow staff to complete the environmental review and CEQA determination, as well as bring to Council the necessary ordinances and other documents to establish the permanent versions of the programs.

Staff anticipates returning to Council with these documents and posting them for public review in Spring 2023, well prior to expiration of this Urgency Ordinance.

General Plan Consistency:

The proposed program options match the model of “living streets”, also known as “complete streets”, City of Hermosa Beach Page 7 of 9 Printed on 10/28/2022 powered by Legistar™175
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The proposed program options match the model of “living streets”, also known as “complete streets”, which supports a key guiding principle of the General Plan Vision, of fostering a vibrant local economy. A living street combines safety and livability while supporting ground floor and outdoor economic activities. This centers on designing streets that can be safely shared by both vehicular and non-vehicular traffic. A living street should also contribute to an engaging public realm and a vibrant local economy.

Relevant Goals and Policies are listed below:

Governance Element
Goal 6. A broad-based and long-term economic development strategy for Hermosa Beach that supports existing businesses while attracting new business and tourism.

Policies:
· 6.4 Business support. Support the Chamber of Commerce, retailers, tourist service businesses, artists, and other agencies to develop an aggressive marketing strategy with implementation procedures.
· 6.6 Pop-up shops. Develop plans and programs for underutilized spaces, such as vacant buildings, utility corridors, parkways, etc., for temporary retail, restaurant, and community promoting uses.

Mobility Element
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.

Policy:
· 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.

Goal 7. A transportation system that results in zero transportation-related fatalities and which minimizes injuries.

Policy:
· 7.1 Safe public rights-of-way. Encourage that all public rights-of-way are for all users at all times of day where users of all ages and ability feel comfortable participating in both motorized and non-motorized travel.

Fiscal Impact:

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CEQA analysis and an additional $60,000 is appropriated to fund additional traffic and parking analysis to support this work as well as the Coastal Development Permit application.

Attachments:

1. Draft Urgency Ordinance

2. Traffic Analysis

3. Map of Commercial Zones for Proposed Outdoor Dining Program

4. Link to June 9, 2020 City Council Staff Report

5. Link to July 14, 2020 City Council Staff Report

6. Link to June 22, 2021 City Council Staff Report

7. Link to July 13, 2021 City Council Staff Report

8. Link to October 26, 2021 City Council Staff Report

9. Link to December 14, 2021 City Council Staff Report

10. Link to January 25, 2022 City Council Staff Report

11. Link to February 8, 2022 City Council Staff Report

12. Link to May 24, 2022 City Council Staff Report

13. Line to June 14, 2022 City Council Staff Report
Respectfully Submitted by: Douglas Krauss, Environmental Program Manager Concur: Jeannie Naughton, Community Development Director Noted for Fiscal Impact: Viki Copeland, Finance Director Legal Review: Mike Jenkins, City Attorney
Approved: Suja Lowenthal, City Manager
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ORDINANCE NO. 22-____

AN URGENCY ORDINANCE OF THE CITY OF HERMOSA BEACH,

CALIFORNIA, EXTENDING A TEMPORARY PERMIT PROGRAM FOR

OUTDOOR DINING/SEATING AND OUTDOOR RETAIL DISPLAY TO

ASSIST RESTAURANTS, FOOD, AND RETAIL ESTABLISHMENTS
DURING COVID-19; AND EXTENDING TEMPORARY LANE CLOSURES
TO ACCOMMODATE OUTDOOR PERMITS; AND SETTING FORTH THE

FACTS CONSTITUTING SUCH URGENCY
The City Council of the City of Hermosa Beach does ordain as follows:

SECTION 1. Findings.

A. The findings set forth in Ordinance No. 20-1410U, an urgency ordinance to Implement a Temporary Permit for Outdoor Dining/Seating and Outdoor Retail Display to Assist in the Reopening of Restaurants, Food, and Retail Establishments During COVID-19, and Ordinance No. 20-1413U, an urgency ordinance which extended Ordinance No. 20- 1410U until terminated or superseded by ordinance (together, the “Outdoor Permit Program”), are still relevant and incorporated herein by reference.

B. On July 14, 2020, the City Council directed staff to develop options for closing parking spaces and vehicle lanes on the downtown sections of Hermosa and Pier Avenues that would encourage foot traffic and expand socially distanced outdoor dining and retail opportunities in the public right-of-way in furtherance of the Outdoor Permit Program (the “Downtown Lane Reconfiguration”).

C. On August 11, 2020, the City Council, by minute order, authorized the City Manager to close one lane in each direction on Hermosa Avenue (between 8th and 14th) and implement traffic control plans to facilitate outdoor economic activity made possible by the Outdoor Permit Program. Council directed the lane closures on Hermosa Avenue to remain in place for at least six months beginning on the day the project was fully completed and businesses could utilize the set up.

D. On August 20, 2020, in accordance with City Council’s direction from August 11, 2020, the City Manager acting as Director of Emergency Services issued Executive Order 2020-11, temporarily closing to vehicular traffic the northbound and southbound #2 lanes (closest to the curb) on Hermosa Avenue from the 800 block at 8th Street to the 1300 block at 14th Street for at least six months, subject to extension or termination by City Council or the Director of Emergency Services.

E. Starting August 20, 2020, Executive Order 2020-11 also temporarily closed to vehicular traffic the right turn lanes from westbound Greenwich Village to northbound Hermosa Avenue and a part of Hermosa Avenue immediately adjacent to 2626 Avenue until January 13, 2021, subject to extension or termination by City Council.

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F. On August 25, 2020, the City Council ratified Executive Order 2020-11 and authorized staff to extend outdoor permits issued under the Outdoor Permit Program, consistent with the approved time for the lane closures.

G. On September 8, 2020, the City Council authorized staff to implement the temporary closure of parking spaces and vehicles lanes on Pier Avenue between Valley Drive and Hermosa Ave as shown in Concept #1 presented to City Council, which was to remain in place for at least six months beginning on the day the project was fully completed and operable.

H. On June 22, 2021, by minute order, Council approved the extension of the Outdoor Permit Program through December 31, 2021 and authorized implementation of a reapplication process for outdoor dining and retail permits, including a new requirement for deck operators to provide a surety bond or deposit.

I. On July 13, 2021, by Resolution No. 21-7290, the City Council extended through December 31, 2021 the closure of certain portions of the following streets to allow for open air dining and other business purposes:
• Hermosa Avenue between 8th Street and 14th Street (maximum of one lane closed in each direction so that through lanes open in both directions) • Pier Avenue between Valley Drive and Hermosa Ave (maximum of one lane closed in each direction so that through lanes open in both directions) • Small section of Hermosa Avenue immediately north of the intersection with Greenwich Village used to make a right turn to northbound Hermosa Avenue J. On May 24, 2022 the City Council approved the extension of the Temporary Permit Program for Outdoor Dining and Retail and above mentioned lane configurations in the City through January 1, 2023.

K. Unlike when the Outdoor Permit Program and Downtown Lane Reconfiguration were first implemented, Los Angeles County businesses may now allow indoor dining and shopping. However, COVID-19 has not been eradicated. The risk of COVID-19 transmission (existing and possible new variants) as well as the perceived threat of COVID-19 to visitors, residents and businesses continues to be a threat. City businesses have become reliant on these new features as part of their business and residents and visitors have similarly expressed positive feedback on the use of these spaces as outdoor areas.

L. State health officials and health orders continue to impose certain restrictions and requirements in relation to the COVID-19 pandemic.

M. City staff, in preparing to make this Outdoor Permit Program and Downtown Lane Configuration permanent, had to conduct certain traffic counts/studies (during times that population and use would not be depressed due to COVID) and contact other State permitting agencies to create a program that could be approved. This process took considerable time and modification due to ever changing factors and direction from other permitting agencies.
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N. The City Council desires to extend the Outdoor Permit Program and Downtown Lane Reconfiguration to continue to assist businesses’ economic recovery and ease public concerns about infection while dining and shopping. This extension will allow City staff to bring back a more permanent program for City Council review without requiring the various businesses that have invested in these outdoor areas to entirely remove them and then pay for the costs of reinstallation at a later date if a permanent program is adopted.

During any extension, fees will be charged in accordance with City Council direction for the use of the public right-of-way.

O. This Ordinance is adopted pursuant to Government Code section 36937, for the preservation of the public peace, health, and safety of residents living within the City, and finds urgency to approve this ordinance immediately based on the facts described herein and detailed in the staff report.

SECTION 2. Temporary Permit Program for Outdoor Dining and Retail. The provisions of Hermosa Beach Municipal Code Sections 17.26.050 (B), (C), 17.44.030,

17.38.550 (B), 12.16.090 and 12.16.100, regarding outdoor dining/outdoor retail displays, and off-street parking requirements for commercial and business uses continue to be temporarily suspended, to the extent they conflict with this Urgency Ordinance, to allow for implementation of items A and B, below, through July 1, 2023.

A. A “Temporary Permit Program” for Outdoor Dining/Seating to assist in the economic recovery of restaurant and food establishments during the continuing COVID-19 pandemic as set forth in Exhibit A attached hereto and incorporated herein by reference.

B. A “Temporary Permit Program” for businesses to display merchandise to assist in the in the economic recovery of retail establishments during the continuing COVID-19 pandemic as set forth in Exhibit B attached hereto and incorporated herein by reference.

SECTION 3. Temporary Downtown Lane Reconfiguration. Portions of the following streets shall continue to be closed to vehicular traffic through January 1, 2023 to allow for open air dining and other business purposes intended to allow the public to patronize local businesses and dine outdoors in a manner that is safe and allows businesses to provide services in a way that eases concerns regarding the spread of COVID-19.

A. Hermosa Avenue between 8th Street and 14th Street (maximum of one lane closed in each direction so that through lanes open in both directions) B. Pier Avenue between Valley Drive and Hermosa Ave (maximum of one lane closed in each direction so that through lanes open in both directions) C. Small section of Hermosa Avenue immediately north of the intersection with Greenwich Village used to make a right turn to northbound Hermosa Avenue SECTION 4. Severability. If any section, subsection, sentence, clause, phrase or word of this ordinance is found to be unconstitutional or otherwise invalid by any court of competent jurisdiction, such decision shall not affect the remaining provisions of this Ordinance. 180

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SECTION 5. Environmental Review. The City Council finds that adoption and implementation of this ordinance is not a “project” for purposes of the California Environmental Quality Act (CEQA), as that term is defined by CEQA guidelines (Guidelines) sections 15061(b)(3), and 15378(b)(5). The effect of the proposed amendment will be to maintain the status quo. No new development will result from the proposed action. No impact to the physical environment will result. The City Council also alternatively finds that the adoption and implementation of this ordinance is exempt from the provisions of CEQA as an administrative activity by the City of Hermosa Beach, in furtherance of its police power, that will not result in any direct or indirect physical change in the environment, per sections 15061(b)(3), and 15378(b)(5) of the CEQA , Guidelines, as well as CEQA Guidelines section 15064(e) (economic regulations). The lane closures and outdoor dining and retail program effectuated by this ordinance are necessary to facilitate outdoor economic and recreational activity to recover from the economic damage caused by COVID-19 in a way that curbs any further spread of COVID19. Implementation of the ordinance is thus exempt from the CEQA under the statutory exemption for actions necessary to prevent or mitigate an emergency (Public Resources Code § 21080(b)(4); CEQA Guideline § 15269(c)) and the categorical exemption for minor temporary use of land (CEQA Guideline § 15304(e)). The lane reconfigurations for the Hermosa Avenue and Pier Avenue are temporary measures created in direct response to the COVID-19 emergency. Finally, as this is a temporary measure and the improvements can be removed, there is no possibility that the lane closures will have a permanent effect on the environment.

SECTION 6. Urgency Declaration; Effective Date. The City Council finds and declares that the adoption and implementation of this ordinance is necessary for the immediate preservation and protection of the public peace, health and safety as detailed above by the City, pursuant to Government Code section 36937. As a result of prior state and local stay at home orders, a significant number of local restaurants and businesses were forced to close for an extended period. The rapid, immediate and unexpected loss of revenue from closure was devastating to local businesses, and businesses that survived the most restrictive phase of the pandemic are still struggling to make up that lost revenue. Continuing to relax local zoning requirements to temporarily allow outdoor dining and retail for six months will assist in the economic recovery of local businesses and allow City staff much needed time to refine a permanent program based on changing environmental factors and direction from other permitting agencies. This ordinance is also conducive to the public health because it will promote social distancing and make it easier to dine and patronize local business outdoors where some residents feel more comfortable due to COVID-19 transmission. The public has already begun to travel more, to gather in groups more frequently, and feel more comfortable to shop and dine. Based on these facts, coupled with continually evolving COVID-19 impact in the City, this ordinance is necessary for the immediate preservation and protection of the public peace, health and safety. This ordinance must be passed by four-fifths of the City Council and shall take effect immediately after passage.

SECTION 7. Certification. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published or posted in the manner required by law.
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PASSED, APPROVED, AND ADOPTED this 25th day of October, 2022.

Mike Detoy
PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California

ATTEST: APPROVED AS TO FORM:
_________ ___
Myra Maravilla, City Clerk Michael Jenkins, City Attorney 182
100 Oceangate | Suite 1425 | Long Beach, CA 90802 | (562) 304-9277 | Main (562) 294-5848 www.fehrandpeers.com
Draft Memorandum
Date: 10/18/2022
To: Douglas Krauss, Environmental Programs Manager– City of Hermosa Beach From: Seth Contreras, Senior Planner, and Michael Kennedy, Principal – Fehr & Peers Subject: Summary of Changes in Vehicular, Bicycle, and Pedestrian Volumes and Speed Post-Pilot Installation in Downtown, including Big Data LB21-0029.02
Post-Project Data Summary & Comparison Using Big
Data
Downtown Key Takeaways
• When comparing the mid-day peak hour July 2022 counts with the 2015 counts from the 2017 Pier & Strand Hotel Traffic Study, vehicular volumes increased overall by 6%, with some segments experiencing more significant increases from pre-COVID / pre-pilot conditions, indicating that the counts reflected a likely return to pre-COVID level traffic volumes
• The data collected in August 2021 and July 2022 indicated that the lane reduction pilot may have contributed to a 33% increase in walking and a 26% increase in biking, which was not observed for the City overall; and therefore may not be driven primarily by COVID related reopenings.
• The data collected in August 2021 and July 2022 also indicated that the pilot may have contributed to 5% slower speeds observed on the roadways, which has a safety benefit for people who walk and/or bike.
• Big Data – An additional Smartphone-based travel data source (called StreetLight Data) was used to evaluate the potential for traffic diversion along primary and secondary routes used to travel to and from Downtown as a result of the lane reductions on Pier Avenue and Hermosa Avenue. Weekend day StreetLight Data was gathered for the months of July and August 2019, 2020, and 2021, expanding the sample size to assess summer travel patterns. Overall activity in Downtown decreased by approximately 20% from summer 2019 to summer 2021. However, from summer 2020 to summer 2021 activity increased by 34%, indicating that activity trends and restaurant visitations in Downtown were returning to pre-COVID conditions. StreetLight Data was also used to evaluate trip distribution along primary and secondary routes for trips traveling to or from Downtown. Distribution on both lane reduction segments (Pier Avenue and Hermosa Avenue) remained the same or increased from summer 2019 to summer 2021, 183
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while secondary routes (potential diversion) routes experienced a decrease in distribution. 27th Street experienced a 1% decrease in distribution, making it unlikely that the lane reductions diverted traffic onto 27th Street.

Additionally, weekend day activity was analyzed for each of the summer periods along 27th Street. Overall, 27th Street activity decreased by approximately 15% from summer 2019 to summer 2021. Of the total trips using 27th Street, roughly 21% started or endedin Downtown in summer 2019, and 17% in summer 2021. In conclusion, the assessment of overall activity in Downtown, along primary and secondary routes used to travel to Downtown, and along 27th Street during each summer period likely indicates that travel patterns and volumes are returning to pre-COVID conditions, and the lane reductions are not contributing significant traffic diversions onto secondary routes and 27th Street.

Big Data Using StreetLight
StreetLight Big Data Methodology
StreetLight Data applies proprietary machine-learning algorithms to measure travel patterns and makes them available on-demand via StreetLight InSight®, the world’s first SaaS platform for mobility. StreetLight provides powerful analyses for a wide variety of transportation studies including volume, counts, O-D and more. StreetLight algorithmically transforms trillions of location data points into contextualized, aggregated, and normalized travel pattern data to deliver insights into how vehicles, bikes, pedestrians, and bus and rail passengers move on virtually every road and Census Block. StreetLight Data collects all its transportation data as Location Based Services (LBS) data which are services based on the location of a mobile device.

They obtain “low fidelity” cell phone data scrubbed of all Personally Identifiable Information (PII), and pair it with data with “high fidelity” data from GPS devices.

StreetLight Data was used to evaluate vehicular traffic volumes, distribution, and overall activity before and after the pilot in Downtown. Three date periods for weekend days (Saturday & Sunday) were defined for each of the StreetLight analyses:

1. Summer 2019: Pre-Pilot (July-August 2019)

2. Summer 2020: Post-Pilot (July-August 2020)

3. Summer 2021: Post -Pilot (July-August 2021)
Downtown Activity
A zone activity analysis was conducted to assess the potential change in Downtown visitation and overall activity from summer 2019 to summer 2021. Table 1 shows from summer 2019 to summer 2021, overall activity in Downtown decreased by approximately 20% for the all-day period.

However, from summer 2020 to summer 2021, overall activity increased by approximately 34%.

While the overall change in volume from summer 2019 conditions to summer 2021 decreased, 184
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the increase from summer 2020 to summer 2021 indicates that Downtown activity and visitation is likely returning to pre-COVID conditions.

Table 1 – Downtown activity from Summer 2019 to Summer 2021 Day Part
Summer 2019 Summer 2020 Summer 2021

ADT ADT ADT
All Day (12am - 12am) 26413 15865 (-40%) 21233 (-20%)
Peak AM (6am - 10am) 2761 1725 (-38%) 2272 (-18%)
Mid-Day (10am-3pm) 7831 5648 (-28%) 7048 (-10%)
Peak PM (3pm-7pm) 7263 4764 (-34%) 6001 (-17%)
Source: StreetLight, Inc.

Trip Distribution
An Origin-Destination analysis was conducted to assess trip distribution along potential primary and secondary routes for trips starting or ending in Downtown during the three summer date periods. Origin-Destination zones were placed at the following locations within Downtown:

1. 27th Street w/o Morningside Drive

2. 8th Street w/o Valley Drive

3. Hermosa Avenue n/o 16th Street

4. Hermosa Avenue n/o 8th Street

5. Manhattan Avenue n/o Pier Avenue

6. Manhattan Avenue s/o Pier Avenue

7. Monterey Boulevard n/o Pier Avenue

8. Monterey Boulevard s/o Pier Avenue

9. Pier Avenue w/o Valley Boulevard
Table 2 shows from summer 2019 to summer 2021, distribution of trips along primary and secondary routes used to travel to and from Downtown remained consistent. More than 95% of trips traveling to or from Downtown in the summer periods used at least one of these routes. The Pier Avenue and Hermosa Avenue segments, where the lane reductions were implemented, accounted for approximately 74% of trips in summer 2019, increasing to roughly 79% in summer 2020 and summer 2021. Other secondary routes used as potential diversion routes such as Monterey Boulevard and Manhattan Avenue did not see an increase in trips from pre- to postpilot conditions. Additionally, 27th Street experienced a decrease in trips from pre- to post-pilot.

Table 2 – Downtown trip distribution along primary and secondary routes from Summer 2019 to Summer 2021
Zone ID Zone Name Trip Distribution
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Summer 2019 Summer 2020 Summer 2021
% % %
1 27th Street (w/o Morningside) 7.0% 5.9% 6.2%
2 8th Street (w/o Valley) 7.4% 7.2% 6.0%
3 Hermosa Avenue (n/o 16th) 17.2% 16.9% 17.1%
4 Hermosa Avenue (n/o 8th) 21.7% 22.7% 22.6%
5 Manhattan Ave (n/o Pier) 2.9% 1.6% 2.0%
6 Manhattan Ave (s/o Pier) 2.5% 2.0% 2.1%
7 Monterey Boulevard (n/o Pier) 2.2% 2.0% 1.6%
8 Monterey Boulevard (s/o Pier) 3.0% 2.3% 2.5%
9 Pier Avenue (w/o Valley) 36.0% 39.5% 39.8%
Source: StreetLight, Inc.

Figure 1 – Downtown trip distribution along primary and secondary routes from Summer 2019 to Summer 2021
27th Street Diversion
A zone activity analysis was conducted to assess overall activity along 27th Street from summer 2019 to summer 2021. Table 3 shows from summer 2019 to summer 2021, 27th Street experienced a decrease in overall activity from pre-COVID / pre-pilot conditions. Additionally, 186
Douglas Krauss, City of Hermosa Beach
10/18/2022

roughly 21% of trips traveling along 27th Street originated or ended in Downtown in summer 2019, decreasing to 17% in summer 2021.

Table 3 – 27th Street activity from Summer 2019 to Summer 2021 Day Part
Summer 2019 Summer 2020 Summer 2021

ADT ADT ADT
All Day (12am - 12am) 10061 7935 (-21%) 8545 (-15%)
Peak AM (6am - 10am) 1147 794 (-31%) 890 (22%)
Mid-Day (10am-3pm) 3421 2915 (-15%) 3014 (-12%)
Peak PM (3pm-7pm) 2959 2586 (-13%) 2458 (-17%)
Source: StreetLight, Inc.

Traffic Count Overview
This memorandum summarizes observed changes in traffic volumes and bicycle/pedestrian activity along several Downtown streets in Hermosa Beach after the installation of the pilot project. The pilot project involved a one lane reduction in both directions of travel along Hermosa Avenue (from 8th Street to 14th Street) and Pier Avenue (from Hermosa Avenue to Valley Drive) in Downtown. The counts were taken in July 2022 which were collected on a Saturday per the City’s request to capture summer visitation and activity to Downtown. The July 2022 counts were compared to the August 2021 counts for the same locations to assess the adjusted effects of the lane reductions along Hermosa Avenue and Pier Avenue. Additionally, the July 2022 counts were compared to the August 2015 counts from the 2017 Pier & Strand Hotel Traffic Study to evaluate changes from pre-COVID-19 volumes. For this comparison, three additional locations were added to the July 2022 counts along Manhattan Avenue and Monterey Boulevard to assess potential traffic diversion as a result of the lane reductions.

Table 4 below provides a summary of the overall change in daily traffic volumes between August 2021 and July 2022 in Downtown at six selected street segments:

1. 8th Street between Hermosa Avenue and Monterey Boulevard (start of lane reduction)

2. Hermosa Avenue at 11th Street (lane reduction section)

3. Hermosa Avenue at 13th Street (lane reduction section)

4. Pier Avenue between Hermosa Avenue and Monterey Boulevard (lane reduction section)

5. Monterey Boulevard between 11th and Pier Avenue (adjacent to lane reduction section)

6. Pier Avenue west of Valley Drive (major gateway for the City) 187
Douglas Krauss, City of Hermosa Beach
10/18/2022

Overall, the six Downtown locations saw an average increase of 32% in daily vehicular volumes from August, 2021 to July, 2022, as traffic continued to return to pre-COVD-19 conditions and restaurant visitations.

However, Table 5 below provides a summary of the overall change in daily traffic volumes between July 2022 midday peak period counts and August 2015 midday peak period counts in Downtown at the six selected street segments analyzed across pre- and post-pilot conditions (1- 6) and three additional segments to evaluate potential traffic diversion (7-9):

1. 8th Street between Hermosa Avenue and Monterey Boulevard (start of lane reduction)

2. Hermosa Avenue at 11th Street (lane reduction section)

3. Hermosa Avenue at 13th Street (lane reduction section)

4. Pier Avenue between Hermosa Avenue and Monterey Boulevard (lane reduction section)

5. Monterey Boulevard between 11th and Pier Avenue (adjacent to lane reduction section)

6. Pier Avenue west of Valley Drive (major gateway for the City)

7. Manhattan Avenue between Pier Avenue and 14th Street (traffic diversion section)

8. Manhattan Avenue between Pier Avenue and 10th Street (traffic diversion section)

9. Monterey Boulevard between Pier Avenue and 16th Street (traffic diversion section) Overall, the nine Downtown locations saw an average increase of 6% in daily vehicular volumes from August, 2015 to July, 2022. This negligible overall increase in volumes is indicative of travel patterns, restaurant visitation, and overall Downtown activity returning to Pre-COVID conditions.

Both Manhattan Avenue and Monterey Boulevard segments experience considerable increases in volume while the lane reduction sections (Hermosa Avenue and Pier Avenue) experienced minimal change, with most experiencing a slight decrease in volumes. One possible explanation for this decrease along the lane reduction sections and increase on traffic diversion sections is visitors opting for alternative routes into Downtown. 8th Street experienced the highest increase in volume (42%) which may explain the increased volumes along Manhattan Avenue and Monterey Boulevard.
188
100 Oceangate | Suite 1425 | Long Beach, CA 90802 | (562) 304-9277 | Main (562) 294-5848 www.fehrandpeers.com Table 4 – Observed Daily Traffic Volumes in Downtown in August, 2021 and July, 2022 Downtown
2021 Post-Pilot August Traffic
Volumes (Saturday) 2022 Post-Pilot July Traffic Volumes (Saturday) No. Street Segment
August
2021
NB/EB
August
2021
SB/WB
August 2021
Total Segment
Volumes
July
2022
NB/EB
July
2022
SB/WB
July 2022 Total
Segment
Volumes
% Change in Total
Volumes
1 8th St between Hermosa Ave &
Monterey Blvd 1,285 1,424 2,709 1,806 1,960 3,766 39%
2 Hermosa Ave at 11th St 4,034 3,839 7,873 6,074 5,675 11,749 49% 3 Hermosa Ave at 13th St 4,549 3,479 8,028 6,160 4,837 10,997 37% 4 Pier Ave between Hermosa Ave &
Monterey Blvd 3,786 4,507 8,293 5,083 5,976 11,059 33%
5 Monterey Blvd between 11 St &
Pier Ave 1,620 1,080 2,700 2,128 1,371 3,499 30%
6 Pier Ave west of Valley Dr 5,774 6,672 12,446 6,955 7,314 14,269 15% NB = Northbound, EB = Eastbound, SB = Southbound, WB = Westbound Total Average % Change +32% Table 5 – Observed Midday Peak Hour (1:45 pm – 2:45 pm) Traffic Volumes in Downtown in August, 2015 and July, 2022
Downtown
2015 August Traffic Volumes
(Saturday) 2022 Post-Pilot July Traffic Volumes (Saturday) No. Street Segment
August
2015
NB/EB
August
2015
SB/WB
August 2015
Total Segment
Volumes
July
2022
NB/EB
July
2022
SB/WB
July 2022 Total
Segment
Volumes
% Change in Total
Volumes
1 8th St between Hermosa Ave &
Monterey Blvd 92 100 192 121 151 272 42%
2 Hermosa Ave north of 11th St 418 438 856 409 400 809 -5% 3 Hermosa Ave north of 13th St 432 363 795 523 370 893 12% 4 Pier Ave between Hermosa Ave &
Monterey Blvd 353 399 752 390 412 802 7%
189
Douglas Krauss, City of Hermosa Beach
10/18/2022

5 Monterey Blvd between 11 St &
Pier Ave 138 86 224 181 118 299 33%
6 Pier Ave west of Valley Dr 531 551 1,082 475 494 969 -10% 7 Manhattan Ave between Pier Ave
& 14th St 101 129 230 127 155 282 23%
8 Manhattan Ave between Pier Ave
& 10th St 69 101 170 125 96 221 30%
9 Monterey Blvd between Pier Ave &
16th St 139 115 254 145 119 264 4%
NB = Northbound, EB = Eastbound, SB = Southbound, WB = Westbound Total Average % Change +6% When looking closer at the vehicular volumes in Tables 1-2 for Hermosa Avenue July, 2022, the total segment volumes after the pilot installation were 6% higher than the volumes observed in 2015 (pre-COVID, and without lane reductions) as part of the 2017 Pier & Strand Hotel Traffic Study.
190
100 Oceangate | Suite 1425 | Long Beach, CA 90802 | (562) 304-9277 | Main (562) 294-5848 www.fehrandpeers.com
Figure 2
Figure 3
192
856 795 752
224
1,082
230 170
272 254
809
893
802
299
969
282 221 264
-
200
400
600
800
1,000
1,200
8th Street
bt Hermosa
&
Monterey
Hermosa
Avenue n/o
11th
Hermosa
Avenue n/o
13th
Pier Avenue
bt Hermosa
&
Monterey
Monterey
Boulevard
bt 11th &
Pier
Pier Avenue
w/o Valley
Manhattan
Avenue bt
Pier & 14th
Manhattan
Avenue bt
Pier & 10th
Monterey
Boulevard
bt Pier &
16th
Midday Peak Hour Segment Volumes from
August (Saturday) 2015 vs. July (Saturday) 2022
August (Saturday) 2015 July (Saturday) 2022
42%
-5%
12%
7%
33%
-10%
23%
30%
4%
-20%
-10%
0%
10%
20%
30%
40%
50%
8th Street
bt Hermosa
& Monterey
Hermosa
Avenue n/o
11th
Hermosa
Avenue n/o
13th
Pier Avenue
bt Hermosa
& Monterey
Monterey
Boulevard
bt 11th &
Pier
Pier Avenue
w/o Valley
Manhattan
Avenue bt
Pier & 14th
Manhattan
Avenue bt
Pier & 10th
Monterey
Boulevard
bt Pier &
16th
Percent Change in Midday Peak Hour Segment Volumes from August (Saturday) 2015 vs. July (Saturday) 2022
191
Douglas Krauss, City of Hermosa Beach
10/18/2022

Figure 4
Figure 4 above shows the 85th percentile speed for each road segment (for both directions of travel) in August, 2021 and July, 2022. Most of the segments saw minor decreases (or no change) in speed. The Pier Avenue segment west of Valley Drive saw a slight increase in speed (of 1 mph) compared to August, 2021. Overall, speeds were 2% slower after the pilot.

Figure 5 (collected using cameras, and includes skateboarders) 23 22
24 24
29 19
22 21
24 23
28 20
-
5 10
15 20
25 30
35 8th St between
Hermosa Ave &
Monterey Blvd
Hermosa Ave at
11th St
Hermosa Ave at
13th St
Pier Ave between
Hermosa Ave &
Monterey Blvd
Monterey Blvd
between 11 St &
Pier Ave
Pier Ave w/o
Valley Dr
85th Percentile Speed (mph)
Downtown Daily Segment 85th Percentile Speeds (mph)
August (Saturday) 2021 v. July (Saturday) 2022
August (Saturday) 2021 July (Saturday) 2022
349
1,128
1,502
2,083
235
544
1,389
1,642
3,169
296
-
500
1,000
1,500
2,000
2,500
3,000
3,500
8th St between
Hermosa Ave &
Monterey Blvd
Hermosa Ave at
11th St
Hermosa Ave at
13th St
Pier Ave between
Hermosa Ave &
Monterey Blvd
Monterey Blvd
between 11 St &
Pier Ave
Change in Pedestrian/Walking Activity August 2021 v. July 2022 Aug-21 Jul-22
192
Douglas Krauss, City of Hermosa Beach
10/18/2022

Figure 6 (collected using cameras; Scooters were not counted) Figure 5 shows the change in pedestrian/walking activity, and Figure 6 shows the change in bicycle activity in Downtown. Pedestrian walking activity increased in Downtown by approximately 33% in July, 2022 versus August, 2021, and bicycle activity increased by approximately 26%.

Individually, there were no decreases in biking or walking at any of the observed locations from August, 2021 to July, 2022.
107
612
650
300
62 113
779 804
433
54 0
100
200
300
400
500
600
700
800
900
8th St between
Hermosa Ave &
Monterey Blvd
Hermosa Ave at
11th St
Hermosa Ave at
13th St
Pier Ave between
Hermosa Ave &
Monterey Blvd
Monterey Blvd
between 11 St &
Pier Ave
Change in Bicyclist Activity August 2021 v. July 2022
Aug-21 Jul-22
193
Douglas Krauss, City of Hermosa Beach
10/18/2022

Helmet Wearing and e-Bike Data
Figure 7 (collected using cameras and then post-processed) Figure 8 (collected using cameras and then post-processed) 0 100
200
300
400
500
600
700
800
900
8th St between
Hermosa Ave &
Monterey Blvd
Hermosa Ave at
11th St
Hermosa Ave at
13th St
Pier Ave
between
Hermosa Ave &
Monterey Blvd
Monterey Blvd
between 11 St &
Pier Ave
July 2022 Downtown Bicyclists Counts (Helmet vs No Helmet) Helmet No Helmet
0 100
200
300
400
500
600
700
800
900
1000
8th St between
Hermosa Ave &
Monterey Blvd
Hermosa Ave at
11th St
Hermosa Ave at
13th St
Pier Ave
between
Hermosa Ave &
Monterey Blvd
Monterey Blvd
between 11 St &
Pier Ave
July 2022 Downtown Bicycle Counts (E-bike vs Non E-bike) E-bike Non E-bike
194
Douglas Krauss, City of Hermosa Beach
10/18/2022

Figure 9 (collected using cameras and then post-processed) Figures 7-9 show the percentage of bicyclists who were observed wearing a helmet, along with whether the bicycle was an e-bike (pedal-assisted or fully powered by an electric motor).

Approximately 65% of the observed bicyclists in July, 2022 did not wear a helmet, while the other 35% did wear a helmet (Figure 5). Additionally, of all the observed bicyclists, 8% were e-bikes, while the other 92% were traditional, human-powered bicycles (Figure 6). Just under half of the ebike riders wore a helmet (Figure 7). 0 10
20 30
40 50
60 70
80 90
8th St between
Hermosa Ave &
Monterey Blvd
Hermosa Ave at
11th St
Hermosa Ave at
13th St
Pier Ave
between
Hermosa Ave &
Monterey Blvd
Monterey Blvd
between 11 St &
Pier Ave
July 2022 Downtown E-bike Counts (Helmet vs No Helmet)
Helmet No Helmet
195
6th St
Ard
more
Ave
28th St
21st St
Cypress Ave
P
a
c
ific
Coast
Hwy
29th St
Harper
Ave
Morningside Dr
Ingleside Dr
30th Pl
7th Pl
B
o
n
n
i
e
B
r
a
e
S
t
Prospect Ave
Monterey Blvd
19th St
10th St
30th St
8th St
Palm
Dr
25th St
Herm
osa
Av
e
Bea
ch
D
r
B
ea
c
h
D
r
2nd St
16th St
24th St
5th St
Gould Ave
Reynolds Ln
31st Pl
Ozone Ct
1st St
Ho llo
w
ell A
v
e
Rhodes St
Ocean Dr
31st St
30th St
Loma Dr
32nd Pl
Ardmore Ave
14th St
17th St
Hermosa Ave
3rd St
3rd St
6th St
33rd Pl
Manhattan
Ave
10th St
9th St
7th St
M
a
n
h
a
t
t
a
n
A
v
e
Alley
16th St
Bayview
D
r
Loma Dr
28th Ct
33rd St
Artesia Blvd
29th Ct
8th Pl
Sunset Dr
27th St
Lo
ma
Dr
The Strand
Longfellow Ave
Herondo St
Valley Dr
H
i
l
l
c
re
s
t
D
r
24th Pl
2nd St
Adjacent to 25 MPH street(s)
Adjacent to 25 MPH street(s) AND 30+ MPH street(s)
25 MPH Streets Adjacent to Commercially Zoned Parcels
Commercially Zoned Parcels
C-1 Limited Business and Residential
C-2 General Commercial
C-3 General and Highway Commercial
SPA Specific Plan Area (Commercial)
0 250 500 1,000 Feet ¯
Commercial Areas and Streets with 25 MPH speed Limits
Updated: 9/21/2022 196
From: tony higgins
To: City Clerk
Subject: EDITED: Written Supplemental to X.I.V.c Permit Extensions - please retain original email formatting. PLEASE USE THIS

EDITED VERSION
Date: Wednesday, November 2, 2022 8:44:54 AM
Attachments: 56be6fa0-d25a-4e75-b997-54eec2a1d2a1.tiff
From: Tony Higgins
To: City Council
Re: Opposition to Permit Extensions
For more than two years now the city has issued temporary extension after temporary extension that subvert and avoid the due process protections that CEQA provides to vulnerable neighborhoods from the cumulative significant direct and indirect impacts of discretionary projects like the Outdoor Dining, Pier Ave Lane Reduction and the Bicycle Lane projects that are dependent on truck route lane closures and that now force heavy truck traffic onto steep narrow residential streets.

Other discretionary projects include the opening of vista elementary and the consequent traffic queuing problems on 27th and the Herondo Berm project more fully described below that coupled with the Pier Ave Lane Reduction Project have turned 27th street into a defacto truck route.

Simple vehicle-counts do not capture these significant impacts.

And simple vehicle counts to not meet Ceqa’s statutory requirement to assess the health and safety consequences related to traffic noise, near roadway pollution and truck vibration as described below.

Moreover simple vehicle counts don’t compare intersection queuing that has increased exponentially on 27th nor does it consider the impacts of increased cross-traffic on Morningside and the honking that the increased intersection queuing brings as drivers aggressively try and avoid the traffic and speed down side streets and around the queues.

I describe these conditions more fully in the attached 2 emails and I hope you will take the time to read this since I will not be able to describe most of these concerns in the mere 3 minutes you allot me for oral comments.

CEQA exists large part to force city’s to respond resident concerns about significant discretionary impacts like those described below that would otherwise be round-filed and ignored.

To summarize, the city’s traffic analysis failed to identify the cumulative impact of shifts in heavy truck patterns brought about by (1) the closure of one lane in each direction of the 197
only east/west truck route in the city that runs from PCH to Hermosa Ave and (2) the Herondo Berm project, restricts large trucks from using Herondo Ave to access the
downtown business district via Hermosa Ave northbound.

The truth is the true impacts to 27th street are being
manipulated and obfuscated by the city in order to try and justify issuing a CEQA NEGATIVE DECLARATION for
the Lane Reduction Project and deny residents in vulnerable neighborhoods their due process protections under a Ceqa EIR.

Either that, or it’s that some if not all of the councilmen support this deception because you have determined that suppressing a CEQA EIR is for the greater good.

There are many other problems with the City’s traffic
analysis which I will try and speak too in my 3 minute oral comments on Nov 3rd; but the bottom line is the city wants to restrict a thorough analysis of the cumulative significant impacts of discretionary projects by chocking off the CEQA EIR process related to the outdoor dining, Lane Reduction Project and the Bicycle Lane projects by providing
misleading statistics and apples to oranges comparisons that cleverly hide the true significant cumulative noise and near roadway pollution impacts and ignore the fact that temporary extension after temporary extension allows the city to
subvert and bypass the ceqa process. That’s just unethical.

The lack of heavy truck counts (e.g medium and large heavy trucks) in the traffic statistics and a comparison of changes since the lane closure is just one of many examples that drive home the point that meaningful noise, vibration and near roadway pollution measurements must be done and the health implications must be assessed to satisfy the CEQA statute.

More examples are provided below.

Anthony Higgins
Begin forwarded message:

From: tony higgins
<[email protected]>
Date: September 21, 2022 at 12:05:19 PM PDT
To: Douglas Krauss
<[email protected]>
198
Cc: Jeannie Naughton
<[email protected]>,
[email protected],
[email protected], Joseph
SanClemente
<[email protected]>, Kevin
Cody <[email protected]>
Subject: Traffic backed up on 27th street this
morning from Valley almost to Manhattan
Ave
Dear Analyst Krauss
I had to abandon my front yard again because it
absolutely wreaked of auto exhaust.

There were backups on 27th from Valley Drive
to Manhattan Ave that lasted about 30 minutes.

Above is a truck stuck in the backup
199
Four minutes later the same truck has barely
moved. Check the photo’s metadata for
yourself.
200
Three minutes later that same truck (yellow
rectangle) still had not reached valley drive.

A wide angle of the backup follow but the net of
this is if you live on 27th you are now screwed
over once again.

Why would you close one lane of the city’s only
truck route that runs from PCH to Hermosa Ave
meaning Pier Ave?
Why would the city allow berms on Herondo at
201
Hermosa Ave that restrict large trucks from
accessing the Westside from Herondo?
More examples of how simple traffic counts are totally
inadequate in meeting the city’s statutory obligations under CEQA are provided below:

From: tony <[email protected]>
Date: February 11, 2020 at 1:40:05 PM PST
To: City Council
<[email protected]>
Cc: Tony Higgins
<[email protected]>,
[email protected], Marnell Gibson
<[email protected]>, Michael
Jenkins <[email protected]>
Subject: Traffic Noise Levels per General
Plan
202
Dear City Council Members.

The general plan is clear on TRAFFIC NOISE
levels in Residential Areas
THE GENERAL PLAN SAYS:

Maximum TRAFFIC NOISE should be
restricted to no more than 5dBA above the
ambient standard levels in residential areas,
and to no more than 10 dBA above the ambient
standard levels in commercial and
manufacturing areas.

The city knows full well the traffic noise levels
on 27th are likely [15-20] db or more above the
level of 55db specified in the General Plan for
R2 neighborhoods.

Note: Every 5db represents a doubling of the traffic noise level as the ear hears it, so a 15db increase represents 2^3 or 8 times louder and 20db increase is 2^4 or 16 times louder.

THE GENERAL PLAN GOES ON TO SAY

8.3 Traffic calming. Where roadway noise
levels exceed the “normally compatible” range
shown in the Land Use/Noise Compatibility
Matrix (below), consider the implementation of
traffic calming measures such as reduced
speed limits or roadway design features to
reduce noise levels through reduced vehicle
speeds and/or diversion of vehicular traffic.

8.4 Enforcement. Increase the enforcement of
posted speed limits and the noise standards
included in the State’s Motor Vehicle Code to
reduce noise impacts from vehicles,
particularly in residential areas.

The city knows full well it has not done and
traffic calming or increased traffic noise
enforcement on 27th that comport with 8.3 and

8.4 above per public records requests i now
have. If i recall correctly the last time a vehicle
was cited for excessive noise on 27th was 2008.

I can pull up the public records request.

The city knows full well the effects of many
discretionary projects have significantly
203
increased noise, near roadway pollution and
vibration on 27th and these traffic noise levels
have surpassed the zone where mitigations are
called for and approaching the traffic noise
levels that most California General Plans
classify as NOT COMPATIBLE FOR
RESIDENTIAL USE (eg 65db CNEL)
I will present evidence that the city
systematically excluded collection of safety,
noise and vibration data on 27th street between
Morningside and Manhattan Ave AND Gould
adjacent to Valley Park in the General Plan,
while knowing it intended to change its
designation from a Local Collector Road to a
Minor Arterial and a defacto truck route.

Note: the city knows full well that many trucks are using 27th as a defacto truck route and IMPLEMENTING a NEW TRUCK ROUTE
REQUIRES a CEQA ANALYSIS.

I will present evidence that clearly points to the
fact that the City was well aware that 27th
would not meet the noise and vibration
standards for R2 zoned neighborhoods and then
excluded the collection noise data on this
narrow roadway that was highly vulnerable road
to traffic noise in the General Plan. See the map
below and notice 27th street was excluded from
the Traffic Noise analysis. This is clear and
compelling evidence that the city did noise and
vibration analysis on road segments that were
far less vulnerable to the impacts of traffic noise
while excluding 27th street.

The city is well aware 27th has steep inclines
and homes that are densely packed and have no
parking buffer and these factors significantly
impact noise and this makes 27th extremely
vulnerable to noise impacts. Why weren’t noise
measurements done on this road sequent in 2018
Plan Hermosa?
I will present evidence that over the past 2 years
city has systematically occluded and
misrepresented the increase in vehicle and truck
traffic on 27th street and denied the cumulative
indirect and direct impacts that discretionary
projects have had on 27th street traffic volume.
204
For instance the NTMP vehicular count showed
traffic had increased 100% between 2016-2019
even though the General Plan forecast only a
~25% increase for the same period.

That the city used this huge jump in traffic as
the new baseline traffic level and did not show
the trending goes to the heart of my obfuscation
claims.

I can present email evidence that the former
Police Chief McKennion flat out lied in saying
the City did enforce truck route laws on 27th
and had issued citations when in fact public
records requests proved no citations had been
issued
There is no reason whatsoever to think the
unforcasted 100% increase in vehicle counts
between 2016 and 2019 did not apply to Heavy
Truck Traffic on 27th and the closing truck
route lanes on Pier Ave only exacerbated this
growing problem.

The simple fact is the city has long known that
minimum safety, noise and vibration standards
could not be met if 27th was allowed to become
a downtown truck route because of its steep
hills, narrow roadway, dangerously obstructed
sidewalks and the lack of a parking buffer
between trucks and densely packed homes.

The city knew this and that is why noise and
vibration measurements on 27th were not done,
and far less vulnerable andf busy road segments
were instead analyzed in the 2018 General Plan.

This was no accident it was systematic
manipulation and obfuscation of data that might
impede the city’s plans to turn Pier Ave into
more of a walk street.

The time to do a comprehensive analysis of
safety, noise and vibration impacts and
205
conditions on 27th has come.

Simply stated the City would not be able to
declare 27th a minor arterial and use it as a
defacto truck route if these noise measurements
and considerations of the unique safety
conditions were analyzed in the General Plan
Please see the map below and explain why so
many 27th (yellow) was excluded and roads like
Ardmore and 8th street were included.

Finally please consider that the city is trying to say that 10,000 vehicles per day on 27th’s narrow and steep residential street won’t have health, safety and quality of life implications
The city is trying to say that the noise, near roadway pollution and 206
vibration standards established in the General Plan won’t be exceeded by 10,000 vehicles a day and it is under no obligation to mitigate it.

With 10,000 vehicles a day that likely works out to 750-1000 heavy trucks per day screaming up and down 27th’s steep narrow road, many just inches from the curb and 6 feet from our property line.

Consider if only 5% of these 10,000 vehicles a day are excessively loud modified exhaust vechiles that’s 500 modified exhaust vehicles per day.

And consider if only 1 in 10 of these modified exhaust vehicles actually scream up 27th street that’s 50 times a day or about once every 15 minutes over an 18 hour period laying waste to our sleep patterns and quality of life.

And this has health consequences. Just last night I was woken up 4 times by these obnoxiously loud vehicles.

It’s time for the city to do measurements and take action.

Thank You
Anthony Higgins
207
City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
REPORT 22-0640
Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of November 3, 2022

AWARD A CONTRACT FOR MOBILE PARKING PAYMENT

SYSTEMS (PAY-BY-APP) SERVICES TO PARKMOBILE, LLC
(Deputy City Manager Angela Crespi)
Recommended Action:

Staff recommends City Council:

1. Award a contract for mobile parking payment systems (pay-by-app) services to ParkMobile, LLC, for a term of three years beginning November 4, 2022, and ending November 3, 2025 (Attachment 1); and

2. Authorize the Mayor to execute and the City Clerk to attest the proposed agreement subject to approval by the City Attorney.

Executive Summary:

Following a competitive bid process, staff recommends City Council award the mobile parking payment system (pay-by-app) services contract to ParkMobile, LLC for a term of three years beginning November 4, 2022 and ending November 3, 2025 with the option to extend for additional one-year periods.

Background:

At its December 17, 2019 meeting, City Council was presented a Coastal Zone Parking Management Study (Study), prepared by the IBI Group. The Study provided an assessment of parking resources within the Coastal Zone as part of the City’s efforts to obtain a certified Local Coastal Program. The study presented 12 recommendations including implementation of an App-Based Mobile Pay System.

Council directed staff to return with a detailed list of action items for each of the recommendations from the Study.

At its January 21, 2022 Parking Study Session, staff provided City Council with an update regarding the intent to implement a mobile parking payment program to move toward a demand-based parking program that would provide the ability to adjust rates and regulations and to make it as easy as possible for users to find a parking space.

City of Hermosa Beach Page 1 of 5 Printed on 10/28/2022 powered by Legistar™208
Staff Report
REPORT 22-0640
Past Council Actions
Meeting Date Description
December 17, 2019 City Council received and accepted the findings of the Coastal Zone Parking Management Study (Study), prepared by the IBI Group and directed staff to return with a detailed set of action items for each of the recommendations.

January 31, 2022 City Council held a Parking Study Session and received an update regarding the implantation of a mobile parking
payment system.

Analysis:

On September 23, 2021, the City issued an RFP (Attachment 2) inviting highly qualified vendors to submit proposals providing the most current technology in the parking asset management industry through a competitive process. The RFP was advertised on the City’s website and the City’s online bidding platform, PlanetBids. The City received a total of eight proposals in response to the RFP. The proposing vendors included: Flowbird; Hot Spot; IPS; Pango; ParkMobile; Passport; PaybyPhone; and Premium Parking.

The proposals were evaluated on the following factors:
· System Requirements and Features;
· Relevant Experience, Expertise, and Equipment;
· Administration; and
· Cost to City and End User.

Following an initial evaluation of the submitted proposals, staff held interviews with the top scoring consultants. Based on a review of the submitted proposals, interviews, and a check of references, staff recommends City Council award a contract to the most qualified vendor, ParkMobile. The recommended vendor is also used locally in the coastal cities of Huntington Beach, Newport Beach, Redondo Beach, and San Diego.

The services and platform offered by ParkMobile include all of the desired features for end users and City staff. The payment platform allows customers to pay their parking fees on their smart phone utilizing various payment methods such as credit or debit cards, PayPal, and other mobile wallet options. The end user is able to affect payment from the convenience of their car, set up expiration City of Hermosa Beach Page 2 of 5 Printed on 10/28/2022 powered by Legistar™209
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options. The end user is able to affect payment from the convenience of their car, set up expiration notifications, and add time from their current location without returning to a meter or pay station. The ParkMobile app also allows end users to manage vehicles, save their favorite or recent parking zones, utilize a “find my car” feature, and gives end users the ability to view and print their parking history.

ParkMobile offers end users and City staff a customer care and member services center that is available 24 hours per day, year-round. Should the need arise, inquiries or disputes could be submitted via phone, email, app, or vendor website. In addition, ParkMobile recognizes the importance of signage and decals and proposes to include these at no cost for the initial deployment.

The City would be responsible for installation.

Based on a comprehensive review of the proposals, staff recommends award of a contract for mobile parking payment systems (pay-by-app) services to ParkMobile, LLC, for a term of three years beginning November 4, 2022, and ending November 3, 2025 with an option to extend for additional one-year periods.

If approved, staff would begin preparations for implementation of the program including commencement of a communication campaign and installation of the necessary signage. For the initial deployment, staff recommends beginning this new program in the high demand parking areas of Lots A, B, and C. The phased deployment would allow the initial configuration of back-end systems, training of staff, and communication to the public. The three lots combined have approximately 430 parking stalls. The existing parking kiosks would remain as an additional option for end users should they not desire the pay-by-app option.

General Plan Consistency:

This report and associated recommendation have been evaluated for their consistency with the City’s General Plan. Relevant Policies are listed below:

Mobility Element
Goal 4. A parking system that meets the parking needs and demand of residents, visitors, and employees in an efficient and cost-effective manner.

Policy:
· 4.7 Parking availability. Optimize parking availability through dynamically adjusted pricing and new technology to manage available spaces for short-term parking use to encourage rates of turnover that are responsive to fluctuating demands.

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Parks and Open Space Element
Goal 6. The coast and its recreational facilities are easily accessible from many locations and by multiple transportation modes.

Policy:
· 6.10 Paid parking. Provide parking payment systems that respond to demand and improve ease of use.

Infrastructure Element
Goal 1. Infrastructure systems are functional, and well maintained.

Policy:
· 1.5 New technologies. When feasible, utilize emerging technologies and funding strategies that improve infrastructure efficiency, sustainability, and resiliency.

Fiscal Impact:

Staff recommends the City use its current credit card processing company, AMG. Under this approach, the City would continue to pay the merchant processing fee of $0.05 per transaction plus approximately 4.6 percent of the total cost of the transaction to AMG. These charges are the same as if the end user pays with a credit/debit card directly at a parking kiosk or parking meter. Pay-by-app payments bypass the parking meter’s credit card processing system and, as a result, the City would not be charged the IPS secure gateway transaction fee for credit/debit card transactions, which is currently $0.06 for parking meters or $0.13 for parking kiosks. Any savings in fees related to pay-byapp usage would be reflected in future budgets.

If the end user pays by cash or debit/credit card using a parking kiosk or parking meter, the City collects $1.25 for one hour of parking. However, if an end user employs the pay-by-app to purchase parking, the cost for the first hour would increase to $1.50. The City would receive net revenue of $1.25 per hour and ParkMobile would receive a $0.25 transaction fee for their services. The transaction fee would only be charged once and would not apply to an extended session. However, the credit/debit card processing fees are paid by the City for each transaction.

Attachments:

1. Draft Professional Services Agreement

2. Request for Proposals (RFP) Mobile Parking Payment Systems City of Hermosa Beach Page 4 of 5 Printed on 10/28/2022 powered by Legistar™211
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3. ParkMobile Proposal

4. ParkMobile Informational Flyer

5. Link to December 17, 2019 City Council Staff Report

6. Link to January 31, 2022 City Council Parking Study Session Staff Report Respectfully Submitted by: Dave Wilson, Management Analyst 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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City of Hermosa Beach
Civic Center, 1315 Valley Drive, Hermosa Beach, CA 90254-3885

CONTRACT FOR PROFESSIONAL SERVICES FOR MOBILE PARKING PAYMENT SYSTEMS (PARKING

PAY-BY-APP) BETWEEN THE CITY OF HERMOSA BEACH AND PARKMOBILE, LLC This AGREEMENT is entered into this 4 day of November, 2022, by and between the CITY OF Hermosa Beach, a general law city a municipal corporation (“CITY” or “CLIENT”) and Parkmobile, LLC, a Delaware limited liability company (“VENDOR” or “PARKMOBILE”).

R E C I T A L S
A. The City desires to enter into an agreement with VENDOR for mobile parking payment systems.

B. The City does not have the personnel able and/or available to perform the services required under this agreement and therefore, the City desires to contract for consulting services to accomplish this work.

C. The Vendor warrants to the City that it has the qualifications, experience and facilities to perform properly and timely the services under this Agreement.

D. The City desires to contract with the Vendor to perform the services as described in Exhibit A of this Agreement.

NOW, THEREFORE, based on the foregoing recitals, the City and the Vendor agree as follows:
1 CONSIDERATION AND COMPENSATION As partial consideration, VENDOR agrees to perform the work listed in the SCOPE OF SERVICES, attached as EXHIBIT A.

As additional consideration, VENDOR and CITY agree to abide by the terms and conditions contained in this Agreement.

As additional consideration, CITY agrees to pay VENDOR in accordance with EXHIBIT A.

No additional compensation shall be paid for any other expenses incurred, unless first approved by the City Manager or his/her designee.
2 SCOPE OF SERVICES. VENDOR will perform the Services and activities set forth in the SCOPE OF SERVICE attached hereto as Exhibit A and incorporated herein by this reference. "Services" means the ParkMobile Application, the Platform, and all other services provided by ParkMobile under this Agreement. "ParkMobile Application" means any and all mobile and/or web applications, services, or interfaces developed, hosted, or managed by, on behalf of, or in partnership with ParkMobile and that are made available to the general public and that facilities the payment of parking transactions. "Platform" means access-controlled mobile and/or web applications, services or interfaces developed, hosted, or managed by, on behalf of, or in partnership with ParkMobile that are made available to Client to administer, configure, manage and/or monitor parking sessions, parking rates, and/or parking restrictions associated with Client’s Parking Locations.
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"Parking Location" means the location or locations of Client’s on-street parking, off-street parking, reservation parking, parking lots, parking decks, permitted parking, and other facilities where ParkMobile Users may park. “ParkMobile User" means an end user that uses the ParkMobile Application.

Except as herein otherwise expressly specified to be furnished by CITY, VENDOR will, in a professional manner, furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, equipment, printing, vehicles, transportation, office space, and facilities necessary or proper to perform and complete the work and provide the professional services required of VENDOR by this Agreement.

The parties agree that ParkMobile does not own, operate, manage, or maintain any Parking Location. Client agrees that ParkMobile is not responsible for the condition or operation of any Parking Location, including, but not limited to, the operation of third-party hardware and/or software-based solutions used by Client at the Parking Location or for the delivery and/or fulfillment of parking or other services at the Parking Location.

Client will not, directly or indirectly, and will not permit any third party to, access or use the Platform except as expressly permitted by this Agreement. 3 PAYMENTS. Client shall pay ParkMobile the fees set forth in this Agreement.

3.1 PAYMENT TERMS. The parties designate Client as the merchant of record. Client is responsible for the payment of payment processing and related fees. ParkMobile will pass real-time authorized debit/credit card transactions to Client via a gateway solution. Client agrees to pay ParkMobile $0.05 per transaction for this service. ParkMobile will issue invoices to Client on a monthly basis for all fees due to ParkMobile under this Agreement.

Client shall pay each invoice within thirty (30) days of the invoice date. Client shall make all payments hereunder in US dollars to the address or account specified on the applicable invoice.

3.2 TAXES. All fees and other amounts payable by Client under this Agreement are exclusive of taxes and similar assessments. Without limiting the foregoing, Client is responsible for all sales, use, and excise taxes, and any other similar taxes, duties, and charges of any kind imposed by any federal, state, or local governmental or regulatory authority on any amounts payable by Client hereunder, other than any taxes imposed on ParkMobile’s income.

3.3 FEE INCREASES. ParkMobile may increase Fees once for any contract year, by providing Client at least sixty (60) calendar days written notice. 4 TIME OF PERFORMANCE. The services of the VENDOR are to commence upon receipt of a notice to proceed from the CITY and shall continue until all authorized work is completed to the CITY’s reasonable satisfaction, in accordance with the schedule incorporated in “Exhibit A,” unless extended in writing by the CITY.
5 FAMILIARITY WITH WORK. By executing this Agreement, VENDOR represents that VENDOR has (a) thoroughly investigated and considered the scope of services to be performed; (b) carefully considered how the services should be performed; and (c) understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement. 6 KEY PERSONNEL. VENDOR’s key person assigned to perform work under this Agreement is Kristen Locke. VENDOR shall not assign another person to be in charge of the work contemplated by this Agreement without the prior written authorization of the City. 214
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7 TERM OF AGREEMENT. The term of this Agreement shall commence upon execution by both parties and shall continue for three (3) years, terminating on November 4, 2025, unless earlier termination occurs under Section 11 of this Agreement, or this Agreement. This Agreement may be renewed for additional successive one (1) year terms (each a "Renewal Term" and, collectively, together with the Initial Term, the "Term") by mutual written agreement of the parties at least sixty (60) days before the end of the then-current term. 8 CHANGES. CITY may order changes in the services within the general scope of this Agreement, consisting of additions, deletions, or other revisions, and the contract sum and the contract time will be adjusted accordingly. All such changes must be authorized in writing, executed by VENDOR and CITY. The cost or credit to CITY resulting from changes in the services will be determined in accordance with written agreement between the parties. 9 TAXPAYER IDENTIFICATION NUMBER. VENDOR will provide CITY with a Taxpayer Identification Number.
10 PERMITS AND LICENSES. CONTRACTOR will obtain and maintain during the term of this Agreement all necessary permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement.
11 TERMINATION. Except as otherwise provided, CITY may terminate this Agreement at any time with or without cause. Notice of termination shall be in writing.

VENDOR may terminate this Agreement. Notice will be in writing at least 30 days before the effective termination date.

In the event of such termination, the CONTRACTOR shall cease services as of the date of termination, and all finished or unfinished documents, data, drawings, maps, and other materials prepared by VENDOR shall, at CITY’s option, become CITY’s property, and VENDOR will receive just and equitable compensation for any work satisfactorily completed up to the effective date of notice of termination.

Either party may terminate this Agreement effective immediately on written notice to the other party, if the breaching party materially breaches this Agreement, and such breach: (i) is incapable of cure; or (ii) being capable of cure, remains uncured thirty (30) days after the non-breaching party provides the breaching party with written notice of such breach.

Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated.
12 INDEMNIFICATION. VENDOR shall indemnify, defend, and hold harmless CITY, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, and cost (including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation) (“Losses”) of every nature incurred as a result from any third-party claim, suit, action, or proceeding ("Third-Party Claim") arising out of or in connection with VENDOR's performance of work hereunder or its failure to comply with any of its obligations contained in this AGREEMENT, but excepting such loss or damage which is caused by the negligence or willful misconduct of the CITY provided that Client promptly notifies ParkMobile in writing of the claim, cooperates with ParkMobile, and allows ParkMobile sole authority to control the defense and settlement of such claim. The VENDOR shall promptly pay any final judgment rendered against the CITY (and its officers, officials, employees and volunteers) covered by this indemnity obligation. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement. 215
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ParkMobile will indemnify, defend, and hold harmless CITY from and against any and all Losses incurred by CITY resulting from any Third-Party Claim arising from ParkMobile’s negligence or misconduct and any Third-Party Claim that the Platform or any use of the Platform in accordance with this Agreement, infringes or misappropriates such third party’s IP Rights, provided that CITY promptly notifies ParkMobile in writing of the claim, cooperates with ParkMobile, and allows ParkMobile sole authority to control the defense and settlement of such claim. "IP Rights" means any and all registered and unregistered rights granted, applied for, or otherwise now or hereafter in existence under or related to any patent, copyright, trademark, trade secret, database protection, or other intellectual property rights laws, and all similar or equivalent rights or forms of protection, in any part of the world.

If any of the Services are claimed to, or in ParkMobile’s opinion are likely to, infringe, misappropriate, or otherwise violate any third-party IP Rights, or if Client’s use of the Services is enjoined or threatened to be enjoined, ParkMobile may, at its option and sole cost and expense:
(a) obtain the right for Client to continue to use the Services as contemplated by this Agreement; (b) modify or replace the Services, in whole or in part, to seek to make the Services (as so modified or replaced) non-infringing, while providing equivalent features and functionality, in which case such modifications or replacements will constitute the Services, as applicable, under this Agreement; or (c) by written notice to Client, terminate this Agreement and require Client to immediately cease any use of the Services.

CITY shall indemnify, defend and hold harmless VENDOR, its officers, officials, employees and volunteers from and against any and all Losses incurred by Vendor resulting from any Third Party Claim arising out of or in connection with CITY’s negligent or wrongful performance of this AGREEMENT. Client will also indemnify, defend, and hold harmless ParkMobile from and against any and all Losses incurred by ParkMobile resulting from any Third-Party Claim out of Client’s disclosure or use of ParkMobile User Data in violation of this Agreement.

The requirements as to the types and limits of insurance coverage to be maintained by VENDOR as required by Section 17, and any approval of said insurance by CITY, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by VENDOR pursuant to this Agreement, including, without limitation, to the provisions concerning indemnification.
13 ASSIGNABILITY. This Agreement is for VENDOR’s professional services. VENDOR’s attempts to assign the benefits or burdens of this Agreement without CITY’s written approval are prohibited and will be null and void.
14 INDEPENDENT CONTRACTOR. CITY and VENDOR agree that VENDOR will act as an independent contractor and will have control of all work and the manner in which is it performed.

VENDOR will be free to contract for similar service to be performed for other employers while under contract with CITY. VENDOR is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY provides for its employees. Any provision in this Agreement that may appear to give CITY the right to direct VENDOR as to the details of doing the work or to exercise a measure of control over the work means that VENDOR will follow the direction of the CITY as to end results of the work only. 15 AUDIT OF RECORDS. VENDOR agrees that CITY, or designee, has the right to review, obtain, and copy all records pertaining to the performance of this Agreement. VENDOR agrees to provide CITY, or designee, with any relevant information requested and will permit CITY, or designee, access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of 216
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determining compliance with this Agreement. VENDOR further agrees to maintain such records for a period of three (3) years following final payment under this Agreement.

VENDOR will keep all books, records, accounts and documents pertaining to this Agreement separate from other activities unrelated to this Agreement. 16 CORRECTIVE MEASURES. VENDOR will promptly implement any corrective measures required by CITY regarding the requirements and obligations of this Agreement. VENDOR will be given a reasonable amount of time as determined by the City to implement said corrective measures.

Failure of VENDOR to implement required corrective measures shall result in immediate termination of this Agreement.
17 INSURANCE REQUIREMENTS.

A. The VENDOR, at the VENDOR’s own cost and expense, shall procure and maintain, for the duration of the contract, the following insurance policies:

1. Workers Compensation Insurance as required by law. The VENDOR shall require all subcontractors similarly to provide such compensation insurance for their respective employees. Any notice of cancellation or non-renewal of all Workers’ Compensation policies must be received by the CITY at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against the CITY, its officers, agents, employees, and volunteers for losses arising from work performed by the CONTRACTOR for City.

2. General Liability Coverage. The VENDOR shall maintain commercial general liability insurance in an amount of not less than two million dollars ($2,000,000) per occurrence for bodily injury, personal injury, and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit.

3. Automobile Liability Coverage. The VENDOR shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the VENDOR arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired, and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence.

B. Endorsements. Each general liability and automobile liability insurance policy shall be issued by a financially responsible insurance company or companies admitted and authorized to do business in the State of California, or which is approved in writing by City, and shall be endorsed as follows. VENDOR also agrees to require all contractors, and subcontractors to do likewise.

1. “The CITY, its elected or appointed officers, officials, employees, agents, and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the VENDOR, including materials, parts, or equipment furnished in connection with such work or operations.”

2. This policy shall be considered primary insurance as respects the CITY, its elected or appointed officers, officials, employees, agents, and volunteers. Any insurance maintained by the CITY, including any self-insured retention the CITY may have, shall be considered excess insurance only and shall not contribute with this policy.

3. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
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4. The insurer waives all rights of subrogation against the CITY, its elected or appointed officers, officials, employees, or agents.

5. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents, or volunteers.

6. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the CITY.

C. VENDOR agrees to provide immediate notice to CITY of any claim or loss against VENDOR arising out of the work performed under this agreement. CITY assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve CITY.

D. Any deductibles or self-insured retentions must be declared to and approved by the CITY.

At the CITY’s option, the VENDOR shall demonstrate financial capability for payment of such deductibles or self-insured retentions.

E. The VENDOR shall provide certificates of insurance with original endorsements to the CITY as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the CITY on or before commencement of performance of this Agreement.

Current certification of insurance shall be kept on file with the CITY at all times during the term of this Agreement.

F. Failure on the part of the VENDOR to procure or maintain required insurance shall constitute a material breach of contract under which the CITY may terminate this Agreement pursuant to Section 11 above.

G. The commercial general and automobile liability policies required by this Agreement shall allow City, as additional insured, to satisfy the self-insured retention (“SIR”) and/or deductible of the policy in lieu of the VENDOR (as the named insured) should VENDOR fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the City Attorney and the Finance Director. VENDOR understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by VENDOR as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should City pay the SIR or deductible on VENDOR’s behalf upon the VENDOR’s failure or refusal to do so in order to secure defense and indemnification as an additional insured under the policy, City may include such amounts as damages in any action against VENDOR for breach of this Agreement in addition to any other damages incurred by City due to the breach.
18 USE OF OTHER VENDORS. VENDOR must obtain CITY’s prior written approval to use any subVENDORs while performing any portion of this Agreement. Such approval must include approval of the proposed VENDOR and the terms of compensation.
19 FINAL PAYMENT ACCEPTANCE CONSTITUTES RELEASE. The acceptance by the VENDOR of the final payment made under this Agreement shall operate as and be a release of the CITY from all claims and liabilities for compensation to the VENDOR for anything done, furnished or relating to the VENDOR’S work or services. Acceptance of payment shall be any negotiation of the CITY’S check or the failure to make a written extra compensation claim within ten (10) calendar days of the receipt of that check. However, approval or payment by the CITY shall not constitute, nor be deemed, a release of the responsibility and liability of the VENDOR, its employees, sub-VENDORs and agents for the accuracy and competency of the information provided and/or work 218
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performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by the CITY for any defect or error in the work prepared by the VENDOR, its employees, sub-VENDORs and agents.
20 CORRECTIONS. In addition to the above indemnification obligations, the VENDOR shall correct, at its expense, all errors in the work which may be disclosed during the City’s review of the VENDOR’s report or plans. Should the VENDOR fail to make such correction in a reasonably timely manner, such correction shall be made by the CITY, and the cost thereof shall be charged to the VENDOR. In addition to all other available remedies, the City may deduct the cost of such correction from any retention amount held by the City or may withhold payment otherwise owed VENDOR under this Agreement up to the amount of the cost of correction. 21 NON-APPROPRIATION OF FUNDS. Payments to be made to VENDOR by CITY for services performed within the current fiscal year are within the current fiscal budget and within an available, unexhausted fund. In the event that CITY does not appropriate sufficient funds for payment of VENDOR’S services beyond the current fiscal year, the Agreement shall cover payment for VENDOR’S services only to the conclusion of the last fiscal year in which CITY appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year.
22 NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows:

CITY VENDOR
City of Hermosa Beach
1315 Valley Drive
Hermosa Beach, CA 90254
ATTN: Angela Crespi, Deputy City
Manager
Parkmobile, LLC
1100 Spring St. NW
Ste 200
Atlanta, GA 30309
Attn: Kristen Locke
[email protected]
For legal notices:
with a copy to ParkMobile’s
Legal Department at the above
address and to legal[email protected].

Any such written communications by mail will be conclusively deemed to have been received by the addressee upon deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph.

Courtesy copies of notices may be sent via electronic mail, provided that the original notice is deposited in the U.S. mail or personally delivered as specified in this Section.

A. SOLICITATION. VENDOR maintains and warrants that it has not employed nor retained any company or person, other than VENDOR’s bona fide employee, to solicit or secure this 219
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Agreement. Further, VENDOR warrants that it has not paid nor has it agreed to pay any company or person, other than VENDOR’s bona fide employee, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Should VENDOR breach or violate this warranty, CITY may rescind this Agreement without liability.

B. THIRD PARTY BENEFICIARIES. This Agreement and every provision herein is generally for the exclusive benefit of VENDOR and CITY and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of VENDOR’s or CITY’s obligations under this Agreement.

C. INTERPRETATION. This Agreement was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in Los Angeles County.

D. ENTIRE AGREEMENT. This Agreement, and its Attachments, sets forth the entire understanding of the parties. There are no other understandings, terms or other agreements expressed or implied, oral or written.

E. RULES OF CONSTRUCTION. Each Party had the opportunity to independently review this Agreement with legal counsel. Accordingly, this Agreement will be construed simply, as a whole, and in accordance with its fair meaning; it will not be interpreted strictly for or against either Party.

F. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written amendment with signatures of all parties to this Agreement. CITY’s city manager, or designee, may execute any such amendment on behalf of CITY. 23 ACCEPTANCE OF FACSIMILE OR ELECTRONIC SIGNATURES. The Parties agree that this Contract, agreements ancillary to this Contract, and related documents to be entered into in connection with this Contract will be considered signed when the signature of a party is delivered by facsimile transmission or scanned and delivered via electronic mail. Such facsimile or electronic mail copies will be treated in all respects as having the same effect as an original signature.
24 FORCE MAJEURE. Should performance of this Agreement be impossible due to fire, flood, explosion, war, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties’ control, then the Agreement will immediately terminate without obligation of either party to the other.
25 TIME IS OF ESSENCE. Time is of the essence to comply with dates and schedules to be provided.
26 ATTORNEY’S FEES. The parties hereto acknowledge and agree that each will bear his or its own costs, expenses and attorneys' fees arising out of and/or connected with the negotiation, drafting and execution of the Agreement, and all matters arising out of or connected therewith except that, in the event any action is brought by any party hereto to enforce this Agreement, the prevailing party in such action shall be entitled to reasonable attorneys' fees and costs in addition to all other relief to which that party or those parties may be entitled. 220
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27 STATEMENT OF EXPERIENCE. By executing this Agreement, VENDOR represents that it has demonstrated trustworthiness and possesses the quality, fitness and capacity to perform the Agreement in a manner satisfactory to CITY. VENDOR represents that its financial resources, surety and insurance experience, service experience, completion ability, personnel, current workload, experience in dealing with private VENDORs, and experience in dealing with public agencies all suggest that VENDOR is capable of performing the proposed contract and has a demonstrated capacity to deal fairly and effectively with and to satisfy a public agency. 28 OWNERSHIP OF DOCUMENTS. It is understood and agreed that the City shall own all documents and other work product of the VENDOR, except the VENDOR’s notes and workpapers, which pertain to the work performed under this Agreement. The City shall have the sole right to use such materials in its discretion and without further compensation to the VENDOR, but any re-use of such documents by the City on any other project without prior written consent of the VENDOR shall be at the sole risk of the City.

Client Data remains the sole and exclusive property of Client. Client grants ParkMobile a perpetual, irrevocable, royalty-free license to use Client Data in connection with the Services. "Client Data" means any data specific to Client’s operation that is provided by Client to ParkMobile to be used in the provision of Services that is not available to ParkMobile publicly or by other means.

Client acknowledges that, as between Client and ParkMobile, ParkMobile owns all right, title, and interest, including all IP Rights, in and to the Services, including but not limited to the ParkMobile Application and the Platform.

ParkMobile User Data remains the sole and exclusive property of ParkMobile. ParkMobile may sublicense certain ParkMobile User Data to Client upon Client’s execution of ParkMobile’s Data Protection Agreement. Client will not, directly or indirectly: (i) sell or resell ParkMobile User Data in any capacity or form; (ii) create any derivative work using ParkMobile User Data; or (iii) use ParkMobile User Data for purposes other than those specifically allowed in this Agreement. Notwithstanding the foregoing, the parties acknowledge and agree that ParkMobile will not sublicense or provide any PCI Data to Client. "ParkMobile User Data" means information, data, and other content, in any form or media, that is submitted, posted, or otherwise transmitted by or on behalf of a ParkMobile User, directly or indirectly, through the ParkMobile Application. "PCI Data" means, as applicable, payment card number, cardholder name, expiration date, card verification code or value, service code, and/or security-related information used to authenticate cardholders and/or authorize payment card transactions.

Resultant Data remains the sole and exclusive property of ParkMobile. ParkMobile grants Client a revocable, royalty-free, non-exclusive, non-assignable, non-transferable license to applicable Resultant Data for the duration of the term only for Client’s internal use in connection with the Services. "Resultant Data" means data and information related to Client’s, Authorized Users' and/or ParkMobile Users' use of the Services that is used by ParkMobile in an aggregate and anonymized manner, including to compile statistical and performance information related to the provision and operation of the Services. "Authorized User" means Client's employee, consultant, contractor, and agent who is authorized by Client to access and use the Platform under the rights granted to Client pursuant to this Agreement. 29 DISCLOSURE REQUIRED. (City and VENDOR initials required at one of the following paragraphs) 221
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By their respective initials next to this paragraph, City and VENDOR hereby acknowledge that VENDOR is a “VENDOR” for the purposes of the California Political Reform Act because VENDOR’s duties would require him or her to make one or more of the governmental decisions set forth in Fair Political Practices Commission Regulation 18700.3(a) or otherwise serves in a staff capacity for which disclosure would otherwise be required were VENDOR employed by the City. VENDOR hereby acknowledges his or her assuming-office, annual, and leaving-office financial reporting obligations under the California Political Reform Act and the City’s Conflict of Interest Code and agrees to comply with those obligations at his or her expense. Prior to VENDOR commencing services hereunder, the City’s Manager shall prepare and deliver to VENDOR a memorandum detailing the extent of VENDOR’s disclosure obligations in accordance with the City’s Conflict of Interest Code.

City Initials ______
VENDOR Initials ______
OR
By their initials next to this paragraph, City and VENDOR hereby acknowledge that VENDOR is not a “VENDOR” for the purpose of the California Political Reform Act because VENDOR’s duties and responsibilities are not within the scope of the definition of VENDOR in Fair Political Practice Commission Regulation 18700.3(a) and is otherwise not serving in staff capacity in accordance with the City’s Conflict of Interest Code.

City Initials ______
Vendor Initials ______
30 COMPLIANCE WITH COVID-19 VACCINATION POLICY. All VENDOR’S employees, agents, officers and subcontractors who will be physically present in the City and have contact with City officials and employees or with the public shall be fully vaccinated from COVID-19. VENDOR agrees to certify in writing to CITY that it complies with the foregoing.

DISCLAIMERS. PARKMOBILE SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF

MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. WITHOUT LIMITING THE FOREGOING,

PARKMOBILE DOES NOT WARRANT THAT THE SERVICES OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF WILL BE UNINTERRUPTED OR ERROR-FREE. PARKMOBILE SHALL NOT BE LIABLE FOR DELAYS,

INTERRUPTIONS, SERVICE FAILURES, OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS.

IN NO EVENT WILL PARKMOBILE OR ANY OF ITS LICENSORS, SERVICE PROVIDERS, OR SUPPLIERS

BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ITS SUBJECT MATTER UNDER

ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (A) LOSS OF PRODUCTION, USE, BUSINESS, REVENUE, OR PROFIT OR DIMINUTION IN VALUE; (B) IMPAIRMENT, INABILITY TO USE OR LOSS, INTERRUPTION, OR DELAY OF THE SERVICES; (C) LOSS, DAMAGE, CORRUPTION, OR RECOVERY OF DATA, OR BREACH OF DATA OR SYSTEM SECURITY; (D) COST OF REPLACEMENT GOODS OR SERVICES; (E) LOSS OF GOODWILL OR REPUTATION; OR (F) CONSEQUENTIAL,

INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES, 222
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REGARDLESS OF WHETHER SUCH PERSONS WERE ADVISED OF THE POSSIBILITY OF SUCH LOSSES

OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE, AND

NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
31 CONFIDENTIAL INFORMATION. Neither party will disclose the other party’s Confidential Information except to its employees, affiliates, agents, or professional advisors (“Representatives”) who need to know it and who have a legal obligation to keep it confidential. The receiving party will use the disclosing party’s Confidential Information only to exercise rights and fulfill obligations under this Agreement. The receiving party will ensure that its Representatives are also subject to the same non-disclosure and use obligations. The receiving party may disclose the other party's Confidential Information when required by law after giving reasonable notice to the disclosing party, if permitted by law.
"Confidential Information" means information that one party (or an affiliate) discloses to the other party under this Agreement, and that is marked as confidential or would normally be considered confidential information under the circumstances. It does not include information that is independently developed by the recipient, is rightfully given to the recipient by a third party without confidentiality obligations or becomes public through no fault of the recipient.

IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written.

CITY OF HERMOSA BEACH PARKMOBILE, LLC
[MAYOR/CITY MANAGER] By: NAME/TITLE
ATTEST:

Mayra Maravilla, City Clerk Taxpayer ID No.

APPROVED AS TO FORM:

Michael Jenkins, City Attorney
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City of Hermosa Beach
Civic Center, 1315 Valley Drive, Hermosa Beach, CA 90254-3885

EXHIBIT A
Scope of Services
The vendor services should consist of the following components to provide the necessary experience to operate a reliable and complete mobile parking payment system. The City intends to utilize the system for on and off-street parking stalls. The number of parking stalls and location of stalls covered by the system will remain the sole discretion of the City; however, the City welcomes input from the selected vendor regarding industry best practices.

The City is seeking to implement a system that is easy to use for customers and staff, has the ability to interface with existing parking payment enforcement systems, and offers flexible integration options with other payment systems, including other mobile payment systems. The ideal vendor will possess the ability to develop integrations with existing and new software and services. The system must communicate real-time payment status to existing and future parking citation and meter systems.

The mobile parking payment system is to achieve the following goals:
 Provide consistent, reliable, cost-effective, and easy to use mobile parking payment options.
 Ensure that the City maintains a flexible infrastructure that can adopt to changing user needs.
 Assist the City in identifying improvements in parking asset utilization, including parking rate optimization and technological enhancements.

The selected vendor must have a payment system that provides the following functionality:
 Interfaces with existing parking enforcement citation writing software provided by TurboData, and parking meter services provided by IPS.
o Interfaces that allow users to pay with mobile parking payment systems provided by other vendors is highly desirable.
 Free online and telephone customer service support for users and City staff. Telephone options must include the option to speak with a live customer service agent during the vendor’s standard business hours.
 Capability to interface with multiple platforms, such as a smartphone (both Android and iOS systems), desktop browser, and mobile browser.
 Provides users the opportunity to create individual and multi-user (e.g., family or business) accounts, register multiple license plates/vehicles, view past transactions, and modify customer account data (e.g., customer profile, mailing and billing addresses, credit/debit card payment information, passwords, etc.)
o The City would prefer that all accounts provide users multi-layer security features that exceed industry standards (e.g., multi-factor authentication options, automatic logout, password encryption, etc.).
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 Comply with, or exceed, all parking payment industry credit card processing security standards, and applicable Payment Card Industry Data Security Standards.  Accepts, at a minimum, the following payment options:
o Credit, debit, and prepaid cards displaying the Visa, Mastercard, American Express, and Discover logos.
o Apple Pay (Apple Wallet), Google Pay.
 Allow users to:
o Easily discern the cost of parking, any fees charged by the vendor, and the total cost of the parking session prior to approving payment (purchase). o Purchase and pre-purchase parking session time within specific time zones or areas.

The system should be capable of prohibiting purchases during periods when posted signs restrict parking (e.g., during restricted periods in City lots, during street sweeping periods, etc.). The pre-purchase of parking session time would allow users to pay for parking in advance of the designated enforcement period, but not in excess of the posted time limit.
o Provide for the use of discount codes or coupons.
o Easily view remaining parking session time using an app or other mobile device and receive a near “end of session” warning of the user’s choice (e.g., text message 10 minutes prior to end of session).
o Extend parking session time via an app, or by text message. The City values a system that would allow users to purchase additional parking time by text message and via app with little effort.
o Receive a detailed receipt via email and/or text message after each parking session purchase (users may opt-in or out of each type of receipt).  Vendor must be able to provide to the City:
o “Back office” access to create accounts, reports, and download parking occupancy data into Excel. City shall be able to determine:
 In real-time, for every parking session: the applicable zone; the length of the parking session; the date and time the parking session was initiated; the license plate associated with the parking session; the dollar amount of each parking session; and the payment method of each parking session.  Parking zone or area occupancy, revenue, and coupon or discount code use.
 Options that users select when paying for parking sessions (e.g., rate at which users purchase minimum or maximum time allowed or extend sessions). o Financial transactions and services that include:
 Automated clearing house (ACH) transaction debits for fees, and credits for deposits (revenue) to City accounts.
 Any applicable merchant account reporting should include, at a minimum, the following elements: summary by day; summary by card type; summary by batch; chargebacks and reversals; adjustments; fees. o The ability to make parking price changes; add, delete, or change parking zones; create special parking session rules (e.g., prevent parking session purchases during City events).
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o Initial implementation training for City staff for all services associated with the system and user manuals (online or paper based). Provide an annual training at the City’s request. The City may consider a combination of in person or live online training. o Timely notification of system errors or service interruptions and provide an estimated time for resumption of service.
o System up-time of 99% and provide pro-rated allowances for any non-transactionbased fees paid by the City when system services are unable to process user transactions.
o A detailed implementation project management plan, and a system acceptance testing plan.
o All signage, stickers, appliques, decals, and advertising collateral necessary to successfully implement the system.
o A City branded advertising package for social media and direct email use. The City’s primary social media websites are Facebook and Instagram. The City also uses a direct email system.
o A project manager must be designated for the entire duration of the project and until the City agrees to conclude system acceptance testing. Contract management and support must continue to be provided to the City throughout the duration of the contract.

SERVICE TERMS
Services ParkMobile will provide Client with the Services related to the following types of parking transactions: On-Demand, Reservations
Merchant of
Record
The parties designate Client as the merchant of record. Client is responsible for the payment of payment processing and related fees. ParkMobile will pass real-time authorized debit/credit card transactions to Client's processing partner via a gateway solution. If Client elects to use a processing partner with which ParkMobile is not integrated, Client agrees to pay ParkMobile $0.05 per transaction for this service. ParkMobile will issue invoices to Client on a monthly basis for all fees due to ParkMobile under this Agreement. Client shall pay each invoice within thirty (30) days of the invoice date.

Parking Locations The Services will be provided to Client in the following locations / geographical territory:

Parking Lot A, Parking Lot B, Parking Lot C
Signage Client will receive one free welcome kit that includes the aluminum signs and/or decal stickers necessary to complete implementation (installation not included). All signage included in the welcome kit is designed using ParkMobile's standard signage templates. Custom signage may be made available to Client for purchase at ParkMobile's current signage rates. Any requested changes to ParkMobile's standard signage templates will be treated as custom signage. Additional and/or replacement signage may be purchased by Client at ParkMobile's then-current signage rates.

Installation and maintenance of all signage is Client's sole responsibility. 226
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IMPLEMENTATION FEES
Description Units Rate Price
Implementation Fee 0 $1,000.00 $0.00
Custom Development 0 $165.00/hr $0.00
Total Implementation Fees: $0.00

ADDITIONAL FEES
Call Center & Customer Support WAIVED
Client Support & Maintenance WAIVED
Hosting WAIVED
Enforcement Portal WAIVED
Reporting Portal WAIVED
Marketing & Advertising WAIVED
Promotional Codes WAIVED

USER FEES
On-Demand User Fee $0.25 per transaction
Reservation User Fee 12% of parking fee
“No-Charge” Reservation Service Fee $1.00 per no-charge reservation

ON-DEMAND PARKING SERVICES
ParkMobile offers a service to ParkMobile Users that facilitates the activation of and payment for on-demand parking using the ParkMobile Application (“On-Demand Parking”).

ParkMobile Users may begin and, if applicable, end a parking transaction in a variety of ways: (1) visiting https://app.parkmobile.io; (2) calling ParkMobile’s IVR System, or (3) using the ParkMobile Application. In order to register with ParkMobile and begin a parking session, a consumer simply provide ParkMobile with the information required by ParkMobile to create an account, including payment method information and license plate number. Thereafter, subsequent parking sessions only require the ParkMobile User to enter or select the applicable parking duration available for the applicable location.

The parking zone code of the Client parking areas are indicated on parking signs or on parking meters. Enforcers of the Client check the validity of parking status real time against the Platform via a web service offering, provided as part of the Services, to determine if a valid parking right exists. This information can be accessed by using a handheld terminal, mobile device or personal digital assistant (PDA).
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ParkMobile does not provide or pay for Client’s use of handheld terminals, mobile devices or PDAs for enforcement or any data plans or other items needed for communication between such items and the Services.

At their option, ParkMobile Users will receive parking alert services from ParkMobile via SMS, ParkMobile Application push notification or email. The ParkMobile User may be notified, for example, when parked for an extended period of time or when the maximum parking time nears expiration.

ParkMobile Users can use On-Demand Parking anywhere the Services are available.

All parking charges are automatically charged to the ParkMobile User’s payment method, and ParkMobile Users have real time access to an online account-based personal page accessible from https://app.parkmobile.io to access and print parking history, receipts, and statements.

OPTIONAL -- RESERVATION PARKING SERVICES
ParkMobile offers a service to ParkMobile Users that facilitates the activation of and payment for reservation parking using the ParkMobile Application (“Reservation Parking”).

For each Parking Location that the parties agree to on-board for Reservation Parking Services, ParkMobile shall make the Parking Location's parking inventory available for sale through the ParkMobile Application and shall market and advertise such availability. The number of parking spaces and corresponding reservation periods and parking rates making up the parking inventory shall be specified by Client and may be altered by Client at any time for unreserved parking inventory.

Responsibilities of Client.

In order for ParkMobile to provide Reservation Parking Services, Client shall maintain an agreed upon number of parking spaces or transportation services at the Parking Location which shall be maintained at all times unless ParkMobile is notified otherwise in writing by Client.

If access to the Parking Location is denied for any reason other than a ParkMobile User’s error or failure to abide by Client’s rules and regulations, Client agrees to forfeit its share of the applicable parking fee and authorizes ParkMobile to refund the entire Parking Fee to the ParkMobile User. If access to the Parking Location is denied because of a ParkMobile User’s error or failure to abide by Client’s rules and regulations, no Parking Fees will be refunded to the ParkMobile User.

Client shall promote and market the Services through mutually agreed upon methods which shall include:
o a persistent, prominent “call to action” link/button on the parking and/or transportation pages of the Parking Location website(s) that directs users to the Client-branded website created by ParkMobile (e.g. a “Reserve Parking Now” button);
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o Embedded content on the parking and/or transportation pages of the Parking Location website(s) describing why and how to reserve parking through ParkMobile (e.g. FAQs, videos, etc.), such content to be provided by ParkMobile; and o mentions in emails promoting the Parking Location, including “know before you go” emails, all of which shall include a “call to action” to reserve event parking and link to the Client-branded website created by ParkMobile.

Client agrees to use commercially reasonable efforts to obtain for ParkMobile a license to use photo and video assets of the Parking Location (where Client is not the Parking Location owner) and any tenants of a Parking Location in connection with ParkMobile’s marketing of the Services as available at such Parking Location.
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REQUEST FOR PROPOSALS
Mobile Parking Payment Systems

CITY OF HERMOSA BEACH
Police Department
540 Pier Ave.

Hermosa Beach, CA 90254
(310) 318-0360
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City of Hermosa Beach

PROPOSAL TITLE: Mobile Parking Payment Systems
REQUESTING DEPARTMENT: Police Department
RELEASE DATE: September 23, 2021
DUE DATE: October 28, 2021
Notice is hereby given that the City of Hermosa Beach will receive proposals for:

Mobile Parking Payment Systems
Each proposal must be submitted in a sealed envelope and clearly marked with the proposal title. Proposals must include all costs for the proposed system. Failure to identify the proposal with the proposal title on the outer sealed envelope may result in disqualification of the proposal. Sealed proposals must be submitted to the City Clerk Department at 1315 Valley Drive, Hermosa Beach, CA 90254. Proposals will be received until 5:00 p.m. PST, October 28, 2021. Proposals received after the deadline will be considered late and may not be opened. Faxed or emailed proposals are not acceptable.

Proposals will not be opened at that time but will be submitted to the Police Department for verification and compliance with the specifications, and subsequent recommendation to City Council for award or rejection of the responses, as deemed appropriate. The City reserves the right to make no award.

Please direct any inquiries regarding this RFP, no later than 3:00 PM PST, October 8, 2021 to:

Peter Ahlstrom, Community Services Division Manager, at [email protected]
Dated: This 23rd Day of September 2021.
www.hermosabeach.gov

CITY OF HERMOSA
BEACH
1315 Valley Drive, Hermosa Beach, CA, 90254
Phone: (310) 318-0360, FAX: (310) 798-8926
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Table of Contents
1 Introduction......................................................................................................................................... 3

1.1 Invitation for Proposals................................................................................................................. 3

1.2 Request for Proposal Timeline……………………………………………………………………………4

1.3 Submittal Procedures................................................................................................................... 4

1.4 Contact......................................................................................................................................... 4

1.5 General RFP Conditions............................................................................................................... 5

2. Scope of Work.................................................................................................................................... 8

2.1 City Location and Characteristics.............................................................................................. 8

2.2 Project Goals .............................................................................................................................. 10

2.3 City Proposed Specifications and Requirements .................................................................... 10

3. Proposal Submittal Instructions ....................................................................................................... 14

3.1 Proposal Format ......................................................................................................................... 14

3.2 Proposal Content ....................................................................................................................... 15

3.2.1 Cover Letter ......................................................................................................................... 15

3.2.2 Vendor Profile ...................................................................................................................... 15

3.2.3 Certification of Proposal ..................................................................................................... 15

3.2.4 Exceptions to RFP................................................................................................................. 16

4. Required Forms ................................................................................................................................ 17

4.1 Certification of Proposal ............................................................................................................ 17 1 Introduction

1.1 Invitation for Proposals
The City of Hermosa Beach (hereinafter referred to as "City”) seeks to contract with a qualified vendor (hereinafter referred to as “vendor”) with the necessary experience to operate a reliable and complete mobile parking payment system (hereinafter referred to as “system”). The City intends to utilize the system for on and off-street parking stalls.

The number of parking stalls and location of stalls covered by the system will remain the sole discretion of the City; however, the City welcomes input from the selected vendor regarding industry best practices.

The City intends to implement a system that is easy to use for customers and staff, has the ability to interface with existing parking payment enforcement systems, and offers flexible integration options with other payment systems, including other mobile payment systems. The ideal vendor will possess the ability to develop integrations with existing and new software and services. The system must communicate real-time payment status to existing and future parking citation and meter systems. 232
City of Hermosa Beach

The City is uniquely situated amongst larger cities that are serviced by a variety of mobile parking payment system vendors. Vendors are encouraged to demonstrate the ability of their systems to integrate with other mobile parking payment systems in a manner that encourages higher user adoption rates.

1.2 Request for Proposal Timeline
Request for Proposal posted September 23, 2021
Deadline to submit written questions October 8, 2021
Deadline to submit proposals October 28, 2021
Request for Proposal Evaluation by City November 2021
Tentative award December 2021

1.3 Submittal Procedures
Each proposal must be submitted in a sealed envelope and clearly marked with the proposal title. Proposals must include all costs for the system. Failure to identify the proposal with the proposal title on the outer sealed envelope may result in disqualification of the proposal. Sealed proposals must be submitted to the City Clerk Department at 1315 Valley Drive, Hermosa Beach, CA 90254. Proposals will be received until 5:00 p.m.

PST, October 28, 2021. Proposals received after the deadline will be considered late and may not be opened. Faxed or emailed proposals are not acceptable.

Proposals will not be opened at that time but will be submitted to the Police Department for verification and compliance with the specifications, and subsequent recommendation to City Council for award or rejection of the responses, as deemed appropriate. The City reserves the right to make no award.

Please direct any inquiries regarding this RFP, no later than 3:00 PM PST, October 8, 2021 to:

Peter Ahlstrom, Community Services Division Manager, at [email protected]
The format, content, and procedures for submitting a proposal are provided in further detail in Section 3.

1.4 Contact
Please direct any inquiries regarding this RFP, no later than 3:00 PM PST, October 8, 2021 to:

Peter Ahlstrom, Community Services Division Manager: [email protected] 233
City of Hermosa Beach

All questions regarding the content of the proposal should be submitted in writing to the listed email address and sent no later than the date and time provided.

1.5 General RFP Conditions
By submitting a proposal, the vendor affirms that the vendor is familiar with all the terms and conditions of this RFP and is sufficiently informed in all matters affecting the performance of the work and equipment called for in this RFP. Additionally, the vendor affirms that the proposal has been checked for errors and omissions and that all information provided is correct and complete.

The following terms and conditions apply to this RFP:
• PRICE. All vendors shall:
o For the basic service: Provide one table or chart that clearly describes and includes all costs and transaction fees to be incurred by the City and the customer (the end user). This table or chart shall represent the lowest price that the vendor is able to provide for a basic level of service. Each vendor is responsible to determine what a basic level of service is based upon the product offered.
o For optional services: Provide a separate table or chart that clearly describes and includes all costs for optional services the City may select. o Identify in their proposals any costs that are contingent on contract length.

Costs for developing any proposal, including travel expenses, or any other expenses incurred by negotiating terms or conducting interviews with the City, or any pre-contractual expenses, shall be the sole responsibility of and shall be incurred at the sole risk of the vendor, whether or not any award results from this solicitation. This figure shall include the direct costs and overhead, such as, but not limited to, transportation, communications, subsistence and materials, and any subcontracted items of work. The City will not be responsible for any such costs or expenses incurred by vendors.
• TERM OF CONTRACT. It is anticipated that the agreement resulting from this RFP, if awarded, will be a multi-year agreement with options to renew annually after the initial term expires. Vendors should anticipate the City entering into an initial three (3) year contract with the opportunity to renew in one (1) year increments.

The agreement shall be effective upon the date agreed to by the vendor and City. The City is requesting that contract terms coincide with the City’s fiscal year so that the proposed price schedule for the first year and all subsequent years terminates on June 30th, and any new price schedule commences on July 1st.

If it is not feasible to provide pricing for the period of time requested by the City, 234
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vendors shall note this exception and indicate the length of time that RFP responses will remain valid, how future pricing will be determined, and the methodology for pricing determination.
• AUTHORIZED SIGNATURES. Every proposal must be signed by the person or persons legally authorized to bind the vendor to a contract for the execution of the work. • RIGHT TO PURCHASE FROM ANY SOURCE. The City reserves the right to purchase services from any source. This RFP does not commit the City to enter into a contract, nor does it obligate the City to pay for any costs incurred in preparation and submission of proposals or in anticipation of a contract or commitment to purchase.
• RIGHT TO REJECT ANY OR ALL PROPOSALS. The City reserves the right to reject any or all proposals and not make any award, to waive technicalities or formalities, and to accept any proposal deemed to be in the best interest of the City. Where two or more proposals are deemed equal, the City reserves the right to make the award to one of the two vendors.
• COMPLIANCE WITH LAWS. All proposals shall comply with current federal, state, and other laws relative thereto. Part of or all of the proposed purchase may be completed with grant funds, if applicable. By submitting a proposal, the vendor certifies that it is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in a transaction by any Federal department or agency.
• CONFLICT OF INTEREST. By signing the Certification of Proposal, the vendor declares and warrants that no elected or appointed official, officer or employee of the City has been or shall be compensated, directly or indirectly, in connection with this proposal. Should any agreement be approved in connection with this RFP, vendor declares and warrants that no elected or appointed official, officer, or employee of the City, during the term of his/her service with the City shall have any direct interest in that agreement, or obtain any present, anticipated, or future material benefit arising therefrom.
• INTERPRETATION OF RFP DOCUMENTS. City reserves the right to make corrections or clarifications of the information provided in this RFP. If any person is in doubt as to the true meaning of any part of this RFP document, or finds discrepancies or omissions in the document, the person may submit to the City a written request for an interpretation or correction. Oral statement(s), interpretations or clarifications concerning meaning or intent of the contents of this RFP by any person are unauthorized and invalid. Modifications to the RFP, including, but not limited to the scope of work, can be made only by written addendum issued by the City.

Vendors shall submit all questions in writing to the contact listed in the 235
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announcement. Vendors may not contact any other staff members with questions.

The requesting party is responsible for prompt delivery of any requests. When the City considers interpretations necessary, interpretations will be in the form of an addendum to the RFP documents, and when issued, will be sent as promptly as is practical to all parties recorded by the City as having received RFP documents. All such addenda shall become a part of the RFP document. It is the responsibility of each vendor to ensure the City has their correct business name, mailing address and e-mail address on file.
• EXAMINATION OF WORK AREA. Vendors are responsible for familiarizing themselves with the City, as described in Section 2. Submission of a proposal shall be deemed conclusive evidence that such an examination has been made by a vendor and shall constitute a waiver by each of all claims of error in the proposal, withdrawal of the proposal, or combination thereof, under the executed agreement, or any revision thereof.
• NON-DISCRIMINATION. Vendor represents and warrants that it does not and will not discriminate against any employee or applicant for employment because of race, religion, gender, color, national origin, sexual orientation, ancestry, marital status, physical condition, pregnancy or pregnancy-related condition, political affiliation or opinion, age, or medical condition.
• OWNERSHIP. All data, documents and other products used or developed during the RFP process become the property of the City upon submission. All proposals and documents submitted in response to this RFP shall become the property of the City and a matter of public record pursuant to Government Code sections 6250, et seq. Proposals should not be marked as confidential or proprietary, and the City may refuse to consider a proposal so marked. All Information contained within the proposals will become a matter of public record. It is the responsibility of each proposer to clearly identify any and all information contained within its proposal that it considers to be confidential and/or proprietary. To the extent that the City agrees with that designation, such information will be held in confidence whenever possible. All other information will be considered public. • REPRESENTATIONS. Vendor understands and acknowledges that the representations made in their submitted proposal are material and important and will be relied on by the City in evaluation of the proposal. Vendor misrepresentation shall be treated as fraudulent concealment from the City of the facts relating to the proposal.
• SUBCONTRACTOR INFORMATION. If the proposal includes the use of subcontractors, the vendor must identify specific subcontractors and the specific requirements of this RFP for which each proposed subcontractor would perform services. All 236
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subcontractors for work services must follow all required provisions of the primary agreement.
• VALIDITY. Proposal must be valid for a period of no less than 120 days from the due date.
• ACCEPTANCE OF PROPOSALS. After evaluation of submitted proposals, the Department will make a recommendation to the Hermosa Beach City Council for selection. The vendor who has met all criteria will be awarded the opportunity to provide to the City the services outlined in this request for proposal. The proposal award shall be based on, but not limited to, the following factors:
o Price.
o Experience, qualifications, and references.
o Demonstrated financial stability.
o Quality of services offered.
o System flexibility and ability to integrate with other mobile parking payment systems.
o Ability to interface with existing City vendors.

2. Scope of Work

2.1 City Location and Characteristics
The City is located within the southwestern coastal portion of Los Angeles County in what is commonly referred to locally as the “South Bay” area. The City is bounded on the north by the City of Manhattan Beach, on the south by the City of Redondo Beach, on the east by the City of Redondo Beach and the City of Manhattan Beach, and on the west by the Pacific Ocean. The city limits encompass approximately 1.4 square miles. The City includes nearly two miles of shoreline and hosts world famous beach volleyball competitions, musical events, and is a regular filming location for Hollywood studios.

In 2019, the City had an estimated population of 19,320. City-hosted events and busy summer weekends can increase the population to over 100,000 people. The City has:
• 20 parks that vary in size.
• Community theatre, historical society museum, senior center, after school programming, and classroom facilities.
• Recreation and community center, museum, senior center, and restroom facilities. • Civic center including city hall, police department, library, and fire station, and a corporate yard.
• Recreational buildings available for meetings and rentals. 237
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Parking Facilities & Locations:

The City maintains approximately 1,600 on street metered stalls throughout the City and approximately 430 metered stalls in the three main parking lots used by visitors. A general list of all parking locations can be found here:
https://www.hermosabeach.gov/our-government/city-departments/finance/financecashier/public-parking-lots-meters A detailed GIS map of all public parking locations can be found here:
https://hermosabeach.maps.arcgis.com/apps/webappviewer/index.html?id=ffbd3db2 212247d4a2600f091d24512a
All vendors should review the detailed City GIS map noted above to understand the City’s parking environment prior to submitting a proposal.

The primary visitor parking locations in the City are:
• Lot A: Located at 1101 Hermosa Avenue. This lot has approximately 130 metered parking stalls. The current time limit in Lot A is 3 hours but may be adjusted at a future date.
• Lot B: Located at 59 13th Court. This lot has 38 metered parking stalls. The current time limit in Lot B is 3 hours but may be adjusted at a future date. • Lot C (Municipal Parking Structure): Located at 1301 Hermosa Avenue. This lot has approximately 260 metered parking stalls. The current time limit in Lot C is 3 hours but may be adjusted at a future date.
• Hermosa Avenue: Extending from the Redondo Beach border on the south end of the City, to the Manhattan Beach border on the north end of the City. This street has approximately 1,100 metered stalls.
• Upper Pier Avenue: Extending from the Pacific Coast Highway on the east, to Pier Plaza on the west. This street has approximately 130 metered parking stalls. • Various Side Streets: The City maintains additional metered parking stalls on side streets that extend east and west from Hermosa Avenue.

The City maintains three types of metered stalls:
• Multi-space meters located in Lots A, B and C. Between the hours of 8 p.m. and 2 a.m. the price per hour is $1.50, and all other hours the price per hour is $1.25. • Commercial on street single-space meters identified by a silver meter cap.

Between the hours of 8 p.m. and 2 a.m. the price per hour is $1.50, and all other hours the price per hour is $1.25.
• Non-commercial on street single-space meters identified by a yellow meter cap.

These meters can be used by residents with a residential parking permit and are priced per hour for non-permit holders at $1.25 per hour.

In 2019 the City’s metered parking locations processed approximately 892,000 credit card transactions, and approximately 470,000 cash (coin) transactions. The average credit card transaction was approximately $2.65.
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2.2 Project Goals
The City is seeking proposals from qualified vendors to provide a mobile parking payment system that achieves the following goals:
• Provide consistent, reliable, cost-effective, and easy to use mobile parking payment options.
• Ensure that the City maintains a flexible infrastructure that can adapt to changing user needs.
• Assist the City in identifying improvements in parking asset utilization, including parking rate optimization and technological enhancements.

2.3 City Proposed Specifications and Requirements
The services awarded by this RFP will have a direct impact on the City’s financial health.

At a minimum, a vendor must meet the minimum qualifications noted below, and address the following in their proposal:

Minimum Requirements & Features:
• Vendor must have a minimum of at least five (5) years of experience providing municipal governments or other governmental entities with mobile parking payment systems.
• Vendor must have a payment system that provides the following functionality:
o Interfaces with existing parking enforcement citation writing software provided by TurboData, and parking meter services provided by IPS. ▪ Interfaces that allow users to pay with mobile parking payment systems provided by other vendors is highly desirable.
o Free online and telephone customer service support for users and City staff.

Telephone options must include the option to speak with a live customer service agent during the vendor’s standard business hours. o Capability to interface with multiple platforms, such as a smartphone (both Android and iOS systems), desktop browser, and mobile browser. 239
City of Hermosa Beach

o Provides users the opportunity to create individual and multi-user (e.g., family or business) accounts, register multiple license plates/vehicles, view past transactions, and modify customer account data (e.g., customer profile, mailing and billing addresses, credit/debit card payment information, passwords, etc.).
▪ The City would prefer that all accounts provide users multi-layer security features that exceed industry standards (e.g., multi-factor authentication options, automatic logout, password encryption, etc.). o Comply with, or exceed, all parking payment industry credit card processing security standards, and applicable Payment Card Industry Data Security Standards.
o Accepts, at a minimum, the following payment options:
▪ Credit, debit, and prepaid cards displaying the Visa, Mastercard, American Express, and Discover logos.
▪ Apple Pay (Apple Wallet), Google Pay.
o Allows users to:
▪ Easily discern the cost of parking, any fees charged by the vendor, and the total cost of the parking session prior to approving payment (purchase).
▪ Purchase and pre-purchase parking session time within specific zones or areas. The system should be capable of prohibiting purchases during periods when posted signs restrict parking (e.g., during restricted periods in City lots, during street sweeping periods, etc.). The pre-purchase of parking session time would allow users to pay for parking in advance of the designated enforcement period, but not in excess of the posted time limit.
▪ Provide for the use of discount codes or coupons.
▪ Easily view remaining parking session time using an app or other mobile device and receive a near “end of session” warning of the user’s choice (e.g., text message 10 minutes prior to end of session). ▪ Extend parking session time via an app, or by text message. The City values a system that would allow users to purchase additional parking time by text message and via app with little effort.
▪ Receive a detailed receipt via email and/or text message after each parking session purchase (users may opt-in or out of each type of receipt).
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• Vendor must be able to provide to the City:
o “Back office” access to create accounts, reports, and download parking occupancy data into Excel. City shall be able to determine:
▪ In real-time, for every parking session: the applicable zone; the length of the parking session; the date and time the parking session was initiated; the license plate associated with the parking session; the dollar amount of each parking session; and the payment method of each parking session.
▪ Parking zone or area occupancy, revenue, and coupon or discount code use.
▪ Options that users select when paying for parking sessions (e.g., rate at which users purchase minimum or maximum time allowed or extend sessions).
o Financial transactions and services that include:
▪ Automated clearing house (ACH) transaction debits for fees, and credits for deposits (revenue) to City accounts.
▪ Any applicable merchant account reporting should include, at a minimum, the following elements: summary by day; summary by card type; summary by batch; chargebacks and reversals; adjustments; fees.
o The ability to make parking price changes; add, delete, or change parking zones; create special parking session rules (e.g., prevent parking session purchases during City events).
o Initial implementation training for City staff for all services associated with the system and user manuals (online or paper based). Provide an annual training at the City’s request. The City may consider a combination of in person or live online training.
o Timely notification of system errors or service interruptions and provide an estimated time for resumption of service.
o System up-time of 99% and provide pro-rated allowances for any nontransaction-based fees paid by the City when system services are unable to process user transactions.
o A detailed implementation project management plan, and a system acceptance testing plan.
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o All signage, stickers, appliques, decals, and advertising collateral necessary to successfully implement the system. [NOTE: The City has allocated $75,000 in the 2021-2022 fiscal year budget for labor costs associated with the installation of stickers, signage, and poles where necessary.] o A City branded advertising package for social media and direct email use.

The City’s primary social media websites are Facebook and Instagram. The City also uses a direct email system.
o A project manager must be designated for the entire duration of the project and until the City agrees to conclude system acceptance testing. Contract management and support must continue to be provided to the City throughout the duration of the contract.

Preferred System Features:
• Integration with third-party wayfinding services, such as Google Maps, so that parking availability is displayed to users via the wayfinding service, and users are able to pay for parking sessions within that service.
• Ability to allow the City to issue plate-based parking permits with handheld parking enforcement hardware/software integration. Ability to allow users to re-purchase parking permits (e.g., monthly permits) once eligibility of an initial purchase is approved by the City.
• Interfaces that allow users to pay with mobile parking payment systems provided by other vendors is highly desirable.
• The option to allow the vendor or City to act as the merchant of record for transactions. The City welcomes recommendations that represent industry best practices.

Insurance:
• For the duration of the contract, the vendor shall procure and maintain insurance against claims for injuries to their employees, other persons, and/or damages to property which may arise from or in connection with services, products, or materials supplied to the City. The cost of such insurance shall be the sole responsibility of the vendor. The vendor must provide an endorsement to any applicable insurance policies naming the City as an additional insured. Specific insurance provisions, such as insurance that covers financial losses due to data breaches (e.g., cyber liability insurance), may be required.
• The City reserves the right to make changes to insurance underwriting standards and practices.
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References:
• Vendor must provide references and contact information for at least five (5) customers for which the vendor has provided similar services, within the last five (5) years. Of the references provided, at least three (3) must be municipal governments or other governmental entities, preferably within California, and at least one (1) must involve a current, ongoing contract. Reference and contact information must include the following specific information:
o Entity name and address.
o Brief project summary with operational dates.
o Reference contact name and title, phone number, and email address.

Key Personnel:
• Vendors shall include a list of key personnel and their qualifications with their proposal.

Employees:
• Vendor agrees that all individuals assigned by the vendor throughout the duration of the contract shall be employees of the vendor.
• Vendor must have a written policy regarding a drug and alcohol-free work environment that is available to the City, when requested. • Vendor shall be solely responsible for complying with all applicable state and federal employment laws.

Equipment:
• Vendors shall provide a list of any and all equipment to be used by vendor staff within the City.

3. Proposal Submittal Instructions

3.1 Proposal Format
Each proposal must be submitted in a sealed envelope and clearly marked with the proposal title. Proposals must include all costs for the system. Failure to identify the proposal with the proposal title on the outer sealed envelope may result in disqualification of the proposal. Sealed proposals must be submitted to the City Clerk Department at 1315 Valley Drive, Hermosa Beach, CA 90254. Proposals will be received until 5:00 p.m.

PST, October 28, 2021. Proposals received after the deadline will be considered late and may not be opened. Faxed or emailed proposals are not acceptable. 243
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Proposals will not be opened at that time but will be submitted to the Police Department for verification and compliance with the specifications, and subsequent recommendation to City Council for award or rejection of the responses, as deemed appropriate. The City reserves the right to make no award.

Please direct any inquiries regarding this RFP, no later than 3:00 PM PST, October 8, 2021 to:

Peter Ahlstrom, Community Services Division Manager, at [email protected]
All proposals shall be submitted so that they print on a standard 8.5” by 11” paper. All pages should be numbered and identified sequentially by section.

3.2 Proposal Content
Proposals must be concise, but with sufficient detail to allow accurate evaluation and comparative analysis. Proposals should be straightforward and provide "layman" explanations of technical terms that are used. Emphasis should be concentrated on conforming to the RFP instructions, responding to the RFP requirements provided in Section 2, and on providing a complete and clear description of the offer. Proposals should include the sections as described in greater detail below. Do NOT include marketing brochures or other promotional material not connected with this RFP.

3.2.1 Cover Letter
Proposal must be accompanied by a cover letter, signed by an individual authorized to bind the vendor. An unsigned proposal is grounds for rejection. The cover letter should include an introduction, summary statement of professional qualifications, and statement of understanding of the scope of work.

3.2.2 Vendor Profile
Vendors should provide a brief profile of their organization. Information should include, but is not limited to the following information:
• Official name and address.
• Name, address, and telephone number of the primary point of contact. • Federal Employer I.D. Number.
• Any failures or refusals to complete a contract, and explanation.

3.2.3 Certification of Proposal
Vendor is required to sign and submit the Certification of Proposal in agreement to the terms and conditions of this Request for Proposal.
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3.2.4 Exceptions to RFP
Vendor should describe and discuss any exceptions to this RFP. The City accepts no financial responsibility for costs incurred by any vendor in responding to this RFP. By responding to this RFP, the vendor agrees not to hold the City responsible if material from responses is obtained under the Freedom of Information Act by parties other than the City without the consent of the vendor. The vendor acknowledges the public proposal process that renders proposals submitted as public documents. 245
City of Hermosa Beach

4. Required Forms

4.1 Certification of Proposal
The undersigned hereby submits its proposal and agrees to be bound by the terms and conditions of this Request for Proposal (RFP):

1. Vendor declares and warrants that no elected or appointed official, officer or employee of the City has been or shall be compensated, directly or indirectly, in connection with this proposal or any work connected with this proposal. Should any agreement be approved in connection with this Request for Proposal, vendor declares and warrants that no elected or appointed official, officer, or employee of the City, during the term of his/her service with the City shall have any direct interest in that agreement, or obtain any present, anticipated, or future material benefit arising therefrom.

2. It is understood that part of or all of the proposed purchase may be completed with grant funds. By submitting a proposal, the vendor certifies that it is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in a transaction by any Federal department or agency.

3. By submitting the response to this request, vendor agrees, if selected to furnish services to the City in accordance with this RFP.

4. Vendor has carefully reviewed its proposal and understands and agrees that the City is not responsible for any errors or omissions on the part of the vendor and that the vendor is responsible for them.

5. It is understood and agreed that the City reserves the right to accept or reject any or all proposals and to waive any informality or irregularity in any proposal received by the City.

6. The proposal response includes all of the commentary, figures and data required by the Request for Proposal.

7. The proposal shall be valid for no less than 120 days from the date of submittal.

Signature of Authorized Representative:
____________________________________________
Printed Name and Title:
____________________________________________
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ADDENDUM NO. 1
DATE: October 13, 2021
TO: ALL PROSPECTIVE BIDDERS
BID NUMBER: RFP N/A
BIDTITLE: Mobile Parking Payment Systems
REQUESTING DEPARTMENT: Police Department
RELEASE DATE: September 23, 2021
Please note the following clarifications, explanations, changes, deletions and/or additions to the RFP indicated above.
• Clarification of submission method:
• All proposal submissions must adhere to section 1.3 of the RFP. • Vendors may submit a single copy of their proposal.
• Clarification of RFP proposal content:
• Section 3 (page 16) and the Table of Contents of the RFP is amended to read to as follows:

3.2.5 Vendor Proposal
The material constituting the vendor’s proposal responding to the information and specifications the City has provided in RFP sections 1.1, 1.5, 2.1, 2.2, and 2.3 shall be provided after the Certification of Proposal.

The City reserves the right to accept or reject any or all proposals and to not make any award, to waive technicalities or formalities, and to accept any proposal deemed to be in the interest of the City.
• Clarification of RFP timeline and dates:
• The City is aware that the City’s online request for proposal/bid publishing system produced dates on the City’s website that were inconsistent with the dates provided in sections 1.2, 1.3, 1.4, and 3.1 of the RFP.
• All vendors must adhere to the dates noted in sections 1.2, 1.3, 1.4 and 3.1 of the RFP unless otherwise amended by the City.

CITY OF HERMOSA BEACH
1315 Valley Drive, Hermosa Beach, CA, 90254
Phone: (310) 318-0210
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• Request for scoring rubric:
• The City does not intend to release the scoring rubric prior to the submission of proposals. • The answers to the following questions are provided to assist vendors in preparing a response to the RFP:
• When does the City intend on launching the system?
The City intends to begin launching the system in early 2022 to ensure operational viability when the summer 2022 tourist season begins. The City welcomes recommendations that represent industry best practices with respect to system implementation.
• What parking access and control systems (PARCS) are used in lots A, B and C? City parking lots A, B, and C are “pay and display” lots with multi-space pay stations provided by IPS. The lots do not have access control systems (e.g., gates or gate arms). • What types of handhelds are the enforcement officers using? The City’s Community Services Officers utilize citation writing software provided by TurboData. The devices are Android based Samsung phones and are connected via Bluetooth to Datamax-O’Neil mobile printers.
• Is the City requiring license plate data to be visible in the back office? Yes. The back-office requirements are described in section 2.3 of the RFP. • Is the City requiring the vendor to install signage?
No. The City has allocated $75,000 in the 2021-2022 fiscal year budget for labor costs (not materials) associated with the installation of stickers, signage, and new sign poles where necessary. The City welcomes recommendations that represent industry best practices with respect to signage, stickers, appliques, decals, and other advertising collateral necessary to successfully implement the system.
• Would the City be sending out direct emails using the vendor’s branding, or is it the City’s wish for the vendor to send emails to our users?
The City maintains a direct email list and City branded social media sites that will be utilized to distribute community relevant announcements regarding the implementation of the system. City staff will publish information using those City maintained services. The City requests that vendors propose multi-channel marketing material (e.g., advertising samples, templates, literature, graphics, etc.) that represent industry best practices for improving user adoption rates.

The City may request that the vendor contact users to advertise services or parking options (e.g., summer holiday parking options) using user provided data, but only to the extent that the advertising complied with the vendor’s terms of service for users, assured the confidentiality of user data, and was consistent with individual user notification settings 248 and preferences. The City welcomes recommendations that represent industry best practices with respect to contacting registered system users. • What are the minimum limits of insurance required by the City? The City requires a minimum insurance coverage amount of $2 million per occurrence and $4 million aggregate. Please indicate in your proposal the ability to meet the requested coverage level or any exceptions requested for consideration by the City. • Does the City intend to restrict the use of subcontractors? Does the City have any concerns with the vendor employing contractors?
The City generally prefers that vendors directly employ individuals working on City projects. The City recognizes that vendors may need to use subcontractors to provide services at a reasonable cost to the City; however, the City will not directly contract with or employ a vendor’s subcontractors. Vendors will be solely responsible for ensuring that subcontractors comply with all federal, state, and local laws throughout the duration of the project.

The City requires vendors to clearly indicate if and when subcontractors will be used during the project. The City reserves the right to approve the use of subcontractors by vendors during the project.
• Does the City intend on absorbing the convenience fee of the mobile application to create more parity between meters and the mobile application, or will be the City be passing the cost on to users?
The City intends for users to pay any convenience fees.

The City does recognize that the user adoption rate may be improved by eliminating convenience fees for first time users during the system implementation phase. The City welcomes recommendations that represent industry best practices with respect to convenience fees.
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Contactless Parking with ParkMobile
When you’re parking on-the-go, use the ParkMobile app to avoid the spread of germs through contactless parking payments. Easily find and pay for parking from your phone without having to touch the meter.

Perks of Using ParkMobile
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expiration reminders
Extend your parking
session on-the-go ABC123 Add up to 5 vehicles to your
account
SS-CP-WEB-042220
00:59:51
$2.30
01:00:00
Enter your zone number
by referring to nearby
signage or using the map.

Select the
duration of time you
want to park.

Confirm your
information and start
your parking session.

Monitor your session
and extend time
remotely if needed.
©2020-2021 ParkMobile, LLC. All rights reserved.
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City Council Hybrid Meeting (Closed Session - 5:00 PM and Open Session - 6:00 PM) 11-03-22 17:00
Agenda Name Comments Support Oppose Neutral
d) REPORT 22-0640 AWARD A CONTRACT FOR MOBILE PARKING

PAYMENT

SYSTEMS (PAY-BY-APP) SERVICES TO PARKMOBILE, LLC
(Deputy City Manager Angela Crespi)
1 0 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 d) REPORT 22-0640 AWARD A CONTRACT FOR MOBILE PARKING PAYMENT

SYSTEMS (PAY-BY-APP) SERVICES TO PARKMOBILE, LLC
(Deputy City Manager Angela Crespi)
Overall Sentiment
Vincent Busam
Location: 90254, Hermosa Beach
Submitted At: 3:38pm 11-01-22
I've used ParkMobile at both Long Beach State, and Loyola Marymount. It has worked very well for me there.

I've found it easier and more convenient then using payment kiosks. Adding this technology will allow us to move our parking policies forward. Let's do it.
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City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
REPORT 22-0713
Honorable Mayor and Members of the Hermosa Beach City Council Special Meeting of November 3, 2022

INFORMATION REGARDING ALLOWABLE FLOOR AREA RATIOS ON PROPERTIES WITH

COMMERCIAL LAND USE DESIGNATIONS
(Community Development Director Jeannie Naughton)
Recommended Action:

Staff recommends City Council:

1. Receive a staff presentation regarding allowable floor area ratios on properties with commercial land use designations; and

2. Provide staff and the Planning Commission direction, as desired.

Executive Summary:

At its October 25, 2022 City Council meeting, Councilmember Mary Campbell requested, and all City Councilmembers supported, directing staff to bring an item on the next agenda regarding modifications to Floor Area Ratio (FAR) allowances on properties with commercial land use designations in PLAN Hermosa and why the timing for re-evaluation of these allowances might be appropriate at this time. Based on the information, further direction may include providing direction to the Planning Commission that these issues be evaluated. This report provides an overview of allowable FARs on properties with commercial land use designations, as well as updates on the current efforts to comprehensively update the City’s zoning code, Hermosa Beach Municipal Code (HBMC) Title 17 Zoning, and the 2021-2029 Housing Element.

Background:

The Land Use Element of PLAN Hermosa, the City’s General Plan adopted in 2017, regulates how all land in the City is to be used in the future and reflects the range of physical attributes that are important for the success of Hermosa Beach. Land use designations indicate the intended use of each parcel of land in the City. There are four categories of land use designations in the city:
residential; commercial; creative industrial; and institutional. Within each category are distinct land use designations which provide a range of scale, density, intensity, and allowable uses.

The Zoning Code, HBMC Title 17, is the implementation mechanism of the land use designations, City of Hermosa Beach Page 1 of 7 Printed on 10/28/2022 powered by Legistar™312
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The Zoning Code, HBMC Title 17, is the implementation mechanism of the land use designations, and provides specific details regarding uses and development standards (setbacks, building heights, parking standards). Land use designations and zoning districts must be compatible, but need not be the same thing; however, zoning districts must include implementing standards that are within the range of the allowable intensity, density, and uses as the PLAN Hermosa land use designations.

In 2019, the City initiated a comprehensive update of HBMC Title 17 Zoning and Title 16 Subdivisions, to reflect and implement PLAN Hermosa. The tentative timeline for completion and adoption of HBMC Titles 16 and 17 is early 2023.

Additionally, the City is currently engaged in revising the adopted 2021-2029 Housing Element, with a tentative timeline for re-adoption in late Spring 2023. It is anticipated that rather than identifying opportunity sites dispersed throughout the City that would only be available for development of affordable housing, a more comprehensive approach in identifying corridors where residential uses may be permitted-a mix of tenure and type (market rate, affordable, ownership, and rental)-might be necessary to be eligible for certification by the California Department of Housing and Community Development (HCD). This approach would also result in higher quality and cohesive development patterns.

Because the City was unable to adopt a Housing Element that substantially complies with State law by October 15, 2022, any re-zonings that might be required to accommodate the City’s Regional Housing Needs Assessment (RHNA), must be implemented prior to HCD approving and certifying the 2021-2029 Housing Element. Therefore, it is fortunate timing that the City is actively engaged in a comprehensive zoning code update because it could easily fold any required changes into that effort.

During the zoning and subdivision code update process, staff and the Planning Commission received public comment and correspondence regarding revisiting allowable Floor Area Ratio (FAR) in commercial land use designations. The Planning Commission questioned staff as to whether this could be an item to address as part of the zoning code update. The scope of the contract with the City’s comprehensive planning specialist, who is preparing the zoning and subdivision code update, does not include efforts outside of aligning and updating the zoning code to be compatible with the existing General Plan. However, initial discussions indicate that there is willingness to amend the contract to include additional effort in the accompanying California Environmental Quality Act (CEQA) analysis, zoning code, and facilitation of additional meetings with the stakeholders of Planning Commission and City Council, should the Council decide to direct staff and the Planning Commission to study and evaluate modifying allowable FARs and the introduction of residential uses in properties with commercial land use designations.

If the Planning Commission and City Council directed staff to move forward with changes in FAR allowances in the commercial land use designations and accompanying changes in the district standards of the zoning code, this action would require processing a General Plan Amendment, City of Hermosa Beach Page 2 of 7 Printed on 10/28/2022 powered by Legistar™313
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standards of the zoning code, this action would require processing a General Plan Amendment, which could be folded in with the entitlements staff is already processing for the zoning and subdivision code changes, and the 2021-2029 Housing Element.

Because the zoning code implements PLAN Hermosa, if there were changes or increases made to allowable FAR in commercial land use designations, those changes would need to be reflected and consistent in the zoning district standards, such as: increased height; lot coverage; parking requirements; etc. Policy direction to do so, is at the discretion of City Council.

Revisiting the allowable FAR in the commercial land use designations could serve a dual purpose in accommodating flexibility in the development of commercial properties and meeting the City’s RHNA obligations. Because the comprehensive updates of the zoning ordinance and 2021-2029 Housing Element are well underway, it would be cost-effective to fold any modifications of the allowable uses and FAR into these efforts.

Past Commission and Council Actions
Meeting Date Description
November 2, 2022 Planning Commission Special Meeting, Comprehensive Zoning Code Update: Administrative Procedures. Included in the staff report are all links related to the Comprehensive Zoning Code Update meetings.

August 22, 2017 City Council certified the PLAN Hermosa Final Environmental Impact Report (EIR) and adopted PLAN
Hermosa.

November 3, 1987 An Ordinance of the City of Hermosa Beach submitted to the voters by the City Council to require a vote of the people to raise the maximum height limit for the C-1, C-2, C-3, and Residential Professional Zones was passed, approved, and adopted by the electorate of the City of Hermosa Beach at the General Municipal Election by the following vote: AYES - 2,795 and NOES - 600
Analysis:

Density is typically the primary determinant in the physical layout and appearance of residential development in relation to the size of the lot and is calculated in dwelling units per acre (DU/AC).

Residential densities in PLAN Hermosa range from 2-13 DU/AC (Low Density) to 25.1-33 DU/AC (High Density). For example, an 8,000 square foot lot located in the High-Density land use designation would allow for a total of six units. The configuration, height, and ability to attain six units on the site would be determined by the development standards in the Zoning Code (building height, City of Hermosa Beach Page 3 of 7 Printed on 10/28/2022 powered by Legistar™314
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on the site would be determined by the development standards in the Zoning Code (building height, setbacks, required open space, parking, etc.).

Intensity for nonresidential properties is expressed in terms of Floor Area Ratio (FAR). The FAR expresses the relationship between the amount of usable floor area permitted in a building and the area of the lot on which the building is located. FAR is obtained by dividing the total area of the lot and is often represented by a decimal number. FARs in PLAN Hermosa range from 0.05 (Beach) to

2.0 (Gateway Commercial). For example, a 40,000 square foot property with maximum FAR of 1.0 would permit a maximum 40,000 square foot building. Depending on how FAR is defined, this number may or may not exclude non-habitable areas such as parking garages, below-grade, nonhabitable areas (or areas that would not easily be converted to habitable areas), ventilation shafts, mechanical areas, etc. The shape, height, and placement of that total floor area would be determined by the development standards in the zoning code (parking, lot coverage, height, setbacks, etc.).

There are five land use designations in the commercial category (Attachment 1): Neighborhood Commercial (0.5-1.0 FAR); Community Commercial (0.5-1.25 FAR); Recreational Commercial (1.0-

1.75 FAR); Gateway Commercial (1.0-2.0 FAR); and Service Commercial (0.25-0.5 FAR).

Any increase in FAR would most likely require corresponding changes in the development standards in the corresponding zoning districts (Attachment 2), including allowable building height. On November 3, 1987, Ordinance No. 87-894 (Attachment 3), was passed, approved, and adopted by the electorate of the City of Hermosa Beach at the General Municipal Election, which required a vote of the people through the initiative process, any amendment to the zoning code which would raise the maximum height limit for the C-1, C-2, C-3, and Residential Professional Zones.

The current allowable building heights in the respective zones are: 30 feet in the C-1 Zone; 35 feet in the C-2 Zone; 45 feet in the C-3 Zone; and 35 feet in the Residential/Professional Zone. Commercial spaces typically have higher plate heights than residential structures; if residential uses were introduced to any of the commercial zones, it would most likely be a mixed-use development product, where commercial uses are located on the ground floor, with residential on upper floors. Therefore, achieving more than two stories in conjunction with increased FAR would be difficult to accommodate in the existing height limits, especially in the C-1 and C-2 Districts.

Community Commercial is the only land use designation in this category, with a corresponding zoning district of C-1 Limited Business and Residential, that allows residential uses. There are a total of 36 properties in the C-1 zoning district, 20 of which contain residential uses. To avoid increasing the existing allowable densities in the residential districts, it is appropriate for the City to consider allowing residential uses in the commercial districts, including Specific Plan Areas along Pier Avenue and Pacific Coast Highway, and C-2, and C-3 districts. The small number of properties that would allow residential uses in the C-1 district are insufficient to accommodate the RHNA obligation of 558 City of Hermosa Beach Page 4 of 7 Printed on 10/28/2022 powered by Legistar™315
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REPORT 22-0713
units the City needs to plan for in the next eight years.

Additionally, given the plethora of housing-related bills that have been signed into law over the past five years and the recent trend of developers utilizing a somewhat obscure State law known as the builder’s remedy, projects that are inconsistent with General Plan land use designations and zoning code development standards are able to bypass local discretionary approval in certain circumstances if the project includes housing and/or contains an affordability component. Adopting measures to plan for residential development in our commercial areas would assist in obtaining certification for the City’s housing element, insulating the City from builder’s remedy project applications, and ensure the city retains local control over the location, scale, and intensity of development.

If Council provides policy direction to the Planning Commission to consider modifications to FAR allowances in the commercial land use designations, staff requests that Council provide further focused direction regarding the following:

1. Consider the possibility of increasing the allowable FAR for all five land use designations in the commercial land use designation category or consider the stipulation of the designations appropriate for study; and

2. In conjunction with increased FAR, consider whether it is appropriate to contemplate introducing residential uses in any of the commercial land use designations. If so, consider the possibility of stipulating which designations are appropriate for study or whether the Planning Commission consider all five designations and recommend appropriate designations for Council consideration.

If increasing FAR in any of the designations would likely require increasing allowable height in the C1, C-2, and/or C-3 zoning districts, staff would return to Council with a fiscal analysis on costs associated with holding a Special Election, prior to moving forward with any changes to the General Plan, zoning code, or 2021-2029 Housing Element. Additionally, if directed to pursue study of modifications to allowable FAR and corresponding changes to the zoning code, staff would return to Council with an amendment to the Professional Services Agreement between the City and Martha Miller and Associates to facilitate the effort.

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:

Land Use Element
Goal 1. Create a sustainable urban form and land use patterns that support a robust economy and City of Hermosa Beach Page 5 of 7 Printed on 10/28/2022 powered by Legistar™316
Staff Report
REPORT 22-0713
Goal 1. Create a sustainable urban form and land use patterns that support a robust economy and high quality of life for residents.

Policies:
· 1.1 Diverse and distributed land use pattern. Strive to maintain the fundamental pattern of existing lad uses, preserving residential neighborhoods, while providing for enhancement of corridors and districts in order to improve community activity and identity. · 1.2 Focused infill potential. Proposals for new development should be directed toward the city’s commercial areas with an emphasis on developing transit-supportive land use mixes. · 1.3 Diverse commercial areas. Promote the development of diversified and unique commercial districts with locally owned businesses and job- or revenue-generating uses. · 1.6 Scale and context. Consider the compatibility of new development within its urban context to avoid abrupt changes in scale and massing.
· 1.7 Compatibility of uses. Ensure the placement of new uses does not create or exacerbate nuisances between different types of land uses.

Goal 6. A pedestrian-focused urban form that creates visual interest and a comfortable outdoor environment.

Policy:
· 6.6 Human-scale buildings. Encourage buildings and design to include human-scale details such as windows on the street, awnings and architectural features that create a visually interesting pedestrian environment.

Fiscal Impact:

There is no fiscal impact associated with the recommended action. If directed by Council to proceed, staff would return to Council with an amendment to the Professional Services Agreement between the City and Martha Miller and Associates to facilitate the effort. The fiscal impact of the expanded contract scope of work would be provided at that time.

Attachments:

1. PLAN Hermosa Land Use Designations Map

2. Draft Zoning Map, Comprehensive Zoning Code Update

3. Ordinance No. 87-894

4. Link to November 2, 2022 Planning Commission Staff Report

5. Link to August 22, 2017 City Council Staff Report
Respectfully Submitted by: Jeannie Naughton, Community Development Director Noted for Fiscal Impact: Viki Copeland, Finance Director Legal Review: Mike Jenkins, City Attorney
City of Hermosa Beach Page 6 of 7 Printed on 10/28/2022 powered by Legistar™317
Staff Report
REPORT 22-0713
Approved: Suja Lowenthal, City Manager
City of Hermosa Beach Page 7 of 7 Printed on 10/28/2022 powered by Legistar™318
70 | CHAPTER 2: LAND USE
Land Use + Community Character Strategy
The following narrative describes the intended land use and community character of Hermosa Beach. There are four primary characteristics – referred to as the 4 D’s - that influence the form and function of the built environment – the destinations or uses, density/intensity of each use, the diversity of uses within a given area, and the design of the buildings and streets.

Destinations or uses
define the types of uses that are
encouraged, discouraged, or prohibited
on a piece of land. Destinations are split
into residential, commercial, creative, and
institutional uses. The land use designations
form all other aspects of the 4D’s.

Density and intensity
are a measure of the amount of land area
compared to building area. Density, used for
residential property, expresses the amount of
land developed per residential dwelling unit.

Intensity is used for nonresidential uses, and
is expressed as a floor area ratio (FAR) which
calculates the amount of usable floor area
permitted in a building compared to the
area of the lot on which the building stands.

Diversity or mix of uses
articulate whether an area is comprised of a
predominant type of use (i.e. residential) or
whether a wide range of uses are provided
to create a mix of activities. How the
different uses are physically arranged is also
described to highlight complementary uses.

Design of the built environment
addresses the desired form and character of
the buildings and streets within a particular
area and includes: the scale, massing,
building orientation, and interaction of
buildings with the public realm (sidewalks,
streetscape, and street network).
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2 4
Wide sidewalks and enhanced streetscape along Pier Avenue 319
PLAN HERMOSA | 71
The types of destinations or uses and density/
intensity are articulated through the land use
designations assigned to each parcel. Land use
designations are policy statements providing
direction to each individual property owner
regarding what uses and densities/intensities are
allowed.

The diversity of uses and the design characteristics
of buildings and streets are defined within each
character area. Character areas define the set of
guidelines or parameters the City will use to ensure
redevelopment or new projects are compatible
with its surroundings.

Together, the land use designations and character
areas are foundational components to this Plan,
with the goals and policies found throughout other
elements organized to achieve the intended land
use and character strategy.

Land Use Designations
Land use designations indicate the
intended use of each parcel of land
in the city. They are developed to provide both
a vision of the organization of uses in the city
and a flexible structure to allow for changes in
economic conditions and community visions. The
overall distribution of land uses throughout the city
is identified in Figure 2.3, with each designation
defined and described in further detail in Table 2.1.

There are four categories of land use designations
that can be found in Hermosa Beach: residential,
commercial, creative industrial, and institutional.

Residential
Residential designations range in scale and density
throughout the city to define and create a variety
of residential neighborhoods. Allowable densities
range from a low of two units per acre, up to a
maximum of 33 units per acre, with density ranges
spread across low, medium, and high density
designations.

Commercial
Commercial designations provide for a wide
variety of retail, restaurant, office, and other
uses that provide goods or services. Commercial
designations are organized based on the scale
and type of goods or services provided. The most
localized designations are intended to serve a
neighborhood and residents within the immediate
vicinity, while other commercial designations are
intended to serve the entire community or the
region.

Creative
Creative land use designations are intended
to provide space for production, design, and
manufacturing uses that support the local
employment base and produce goods and
services that enhance the brand of Hermosa
Beach as a creative and innovative community.

Uses that are considered light industrial are to be
designed and sited in a manner that ensures their
compatibility with surrounding uses.

Institutional
Institutional uses offer a range of public and
community-oriented uses such as schools, parks,
community facilities, administrative offices or
buildings, and space for essential services and
utility needs. Institutional uses also vary in scale
from parkettes at a few thousand square feet to
the beach, which includes approximately 63 acres
of land area.

Zoning Districts
Zoning districts are an implementation
mechanism of the land use designations,
and provide greater details regarding:
specific allowances and prohibitions of uses,
dimensional requirements such as building
setbacks, parking standards, and building
heights. Land use designations and zoning
districts must be compatible, but need not
be exactly the same. Zoning districts must be
within the range of the allowed intensity and
uses found in this Plan.
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72 | CHAPTER 2: LAND USE
Figure 2.3 Land Use Designations Map
321
PLAN HERMOSA | 73
Table 2.1 Land Use Designations
Designation Definition Density/
Intensity
Low Density Single-family residential (attached or detached) 2.0 - 13.0 DU/AC Medium
Density
Single-family residential and small-scale multi-family
residential (duplex, triplex, condominium) 13.1 - 25.0 DU/AC High Density Medium (8-20 unit buildings) and large-scale (20+ unit buildings) multi-family residential 25.1 - 33.0 DU/AC Mobile Home
Mobile home parks, where lots are owned, rented or
leased to accommodate mobile homes for human
habitation

2.0 - 13.0 DU/AC
Neighborhood Convenience stores, markets, eateries, laundromats, or similar uses to primarily serve local walk-in traffic 0.5 - 1.0 FAR Community
Locally-oriented uses including retail stores,
restaurants, professional and medical offices, and
personal services

0.5 - 1.25 FAR
Recreational
Coastal related uses such as beach/bike
rentals, restaurants, snack shops, retail, lodging
accommodations, entertainment and similar uses

1.0 - 1.75 FAR
Gateway
Lower floor community or regionally-oriented
commercial uses with upper floor high-visitor
office uses or hotel uses

1.0 - 2.0 FAR
Service Home improvement stores, furniture stores, auto dealerships, and light automotive service stations 0.25 - 0.5 FAR Light Industrial
Production uses for light manufacturing, creative
art, or design services with professional office as an
allowed accessory use

0.25 - 1.0 FAR
Public Facility
Civic-related offices, community centers,
operational facilities and educational/institutional
facilities

0.10 - 1.0 FAR
Open Space Passive and active park, recreational, open space uses and educational/institutional facilities 0.0 - 0.5 FAR Beach Coastal-related recreational activities and
essential public facilities (lifeguard tower/restrooms) 0.0 - 0.05 FAR Density:

Density is often the primary determinant in the
physical layout and appearance of residential
development in relationship to the land. It will
influence the housing type and perhaps the
style. Densities are calculated in dwelling units
per acre (du/ac), and can range from 2 du/ac
for a larger lot to 33 du/ac for an urban dwelling.

Intensity:

Intensity for nonresidential properties is expressed
in terms of the floor area ratio (FAR). The FAR
expresses the relationship between the amount
of usable floor area permitted in a building and
the area of the lot on which the building stands.

It is obtained by dividing the gross floor area of a
building by the total area of the lot and is often
represented as a decimal number.

OS
NC
HD
MD
LD
SC
B
PF
CC
RC
GC
CI
MH
322
74 | CHAPTER 2: LAND USE
Land Use Descriptions
This section describes the purpose of each land use
and articulates the uses and range of development
intensity allowed in each designation.

Low Density Residential (LD)
Purpose
This designation provides for the retention,
maintenance, and investment in single-family
residential neighborhoods and protects residential
uses from potential nuisances of nonresidential
uses. This low density designation is intended to
provide the lowest levels of density, offer a high
quality environment for family life, and ensure the
preservation of residential property values.

Appropriate Land Uses
Single-family dwellings, either attached or
detached, are the primary use in the low density
residential designation. These uses can include
home occupations, churches, schools, day
cares, parks, public facilities, and other uses
that are determined to be compatible and
oriented towards serving the needs of low density
neighborhoods may also be allowed.

Density Range

2.0 - 13 dwelling units per acre
Medium Density Residential (MD)
Purpose
The purpose of this designation is to provide for the
enhancement and reinvestment in mixed scale
residential neighborhoods in Hermosa Beach. This
medium density residential designation permits
property owners to construct two residential units
on a single lot. It is located throughout the city
to provide a transition between higher density
residential or commercial uses and single-family
neighborhoods.

Appropriate Land Uses
Small-scale residential uses, including singlefamily, duplex, condominiums, and townhouses in a two unit per lot format, are the predominant
use in this designation. Education, cultural, and
public assembly uses which are determined to be
compatible with and oriented towards serving the
needs of the neighborhood may also be allowed.

Density Range

13.1 - 25 dwelling units per acre
Residential Uses
323
PLAN HERMOSA | 75
High Density Residential (HD) Commercial Uses
Purpose
The high density residential designation provides
a range of residential housing types to serve the
varying living accommodation needs or desires
of the community. The intent of this designation
is to preserve and contribute to the inventory
of diverse housing types available to residents
and offer alternatives to single-family residential
development. The designation allows for a variety
of high density building types and development
patterns.

Appropriate Land Uses
This designation provides a range of residential
building formats including condominiums,
townhouses, duplex/triplex, and apartment
buildings. Single-family residential is discouraged
in this designation. If lot size permits, special care
living facilities and multi-family housing provided
in larger building styles with on-site parking and
amenities is allowed.

Density Range

25.1 – 33.0 dwelling units per acre
Mobile Home (MH)
Purpose
The Mobile Home designation is intended to
retain land area for the sole use of mobile homes
and recreational vehicles without threat of other
residential and commercial encroachment. The
designation specifically applies to the Marine Land
Mobile Home Park to retain mobile homes as an
affordable housing option.

Appropriate Land Uses
Mobile home parks, where lots are owned, rented
or leased to accommodate mobile homes for
human habitation. Manufactured homes without
permanent foundation and recreational vehicles
intended as a transitional housing option are
allowed in this designation.

Density Range

2.0 - 13 dwelling units per acre
Neighborhood Commercial (NC)
Purpose
This designation creates neighborhood activity
centers that are easily accessible from many
directions, typically along main thoroughfares, and
primarily serve residents within a half-mile radius so
they may walk, bike, or make a short trip by car.

Neighborhood commercial uses located in close
proximity to the beach also serve as a location for
beachgoers to purchase food, rent equipment,
and enhance their beach experience.

Appropriate Land Uses
The neighborhood commercial designation
provides nearby residents with convenient access
to daily shopping or personal service needs.

Convenience stores, eateries, laundromats, and
similar uses intended to serve local walk-in traffic
and nearby residents are the primary uses allowed.

Neighborhood commercial designations located
within the Coastal Zone may also be used to
provide coastal-dependent uses such as beach
equipment rentals.

Intensity Range

0.5 – 1.0 Floor Area Ratio
324
76 | CHAPTER 2: LAND USE
Community Commercial (CC)
Purpose
This designation provides opportunities and
locations for uses designed to serve the shopping,
dining, and employment desires of the entire
community. The Community Commercial
designation is a major generator of local economic
activity with a mix of locally-owned businesses
and regional or national retailers present within
this designation. This designation is found in many
centralized locations throughout the community
primarily along the city’s major corridors and in
Downtown. Community Commercial land uses
primarily serve the local market, though they may
also serve the needs of visitors and residents of
nearby jurisdictions.

Appropriate Land Uses
This designation provides space for locally oriented
commercial uses including retail stores, restaurants,
professional and medical offices, and personal
services. Uses on the ground floor are reserved
for retail, restaurant, and other sales-tax revenue
generating uses, while offices and personal service
uses are encouraged on upper floors. Residential
uses are not allowed in this designation as its intent
is to promote and protect retail, office, and service
uses that diversify the City’s tax base.

Intensity Range

0.5 – 1.25 Floor Area Ratio
Recreational Commercial (RC)
Purpose
As a premiere southern California coastal
destination, Hermosa Beach has the luxury of
offering a wide variety of recreational and coastalrelated services to serve both visitors and residents.

The Recreational Commercial designation is the
primary cultural and entertainment center for
the community with events, activities, and social
gatherings often occurring here. Adjacency
to the beach gives this designation the unique
opportunity to provide a shopping and dining
experience that attracts residents and visitors alike,
capturing a large portion of the City’s economic
activity generated by visitors.

Appropriate Land Uses
Coastal-related uses and visitor accommodations
are the primary uses allowed within the
Recreational Commercial designation. Restaurants,
snack shops, entertainment, lodging, retail, beach
rentals and other similar uses are prioritized within
this designation and allowed on ground or upper
floors. Office and personal service uses are allowed
within this designation, provided they are located
on upper floors.

Intensity Range

1.0 – 1.75 Floor Area Ratio
Gateway Commercial (GC)
Purpose
The Gateway Commercial designation is located
at key entryways and intersections to Hermosa
Beach to offer a greater variety of employment,
retail, and economic activity to the community.

The Gateway Commercial designation also plays
a role in providing services and amenities to
visitors and the region by encouraging hotels and
larger employment centers to be located in this
area. With the Gateway Commercial designation
appropriately applied to larger sites, they are
intended to provide both commercial services as
well as facilities that benefit the local community.

Appropriate Land Uses
In the Gateway Commercial designation,
the ground floor should include community
or regionally-oriented retail uses with upper
floor high visitor office uses. Professional and
medical offices and hotels providing lower cost
visitor accommodations are also allowed in this
designation. Public assembly, recreational, and
other community facilities which are determined
to be compatible with and oriented towards
enhancing the gateway commercial district may
also be allowed. Parking facilities will serve onsite uses and are encouraged to explore shared parking agreements with nearby commercial uses
to encourage a ‘park once’ strategy.

Intensity Range

1.0 – 2.0 Floor Area Ratio
325
PLAN HERMOSA | 77
Service Commercial (SC)
Purpose
The Service Commercial designation is intended to
provide adequate space specifically for specialty
goods and services that serve residents and the
region. These businesses often require indoor or
outdoor warehousing or storage space to display
or sell their inventory, and caution is taken to
ensure they are located in a manner that minimizes
their impact on nearby residential, retail, or office
uses. Service Commercial uses often attract
customers for a specific item or service, compared
to a traditional retail district where customers may
visit many businesses within a single trip.

Appropriate Land Uses
The Service Commercial designation is reserved
for the provision of specialty goods and services,
primarily related to home and automotive needs.

Home improvement stores, furniture stores, auto
dealerships, and light automotive service stations
are the prioritized use with this designation. Retail
trade and warehousing facilities are allowed as an
accessory use to the primary use.

Intensity Range

0.25 – 0.50 Floor Area Ratio
Creative Light Industrial (CI)
Purpose
The creative light industrial designation is
intended to create a suitable environment for
small businesses that rely on manufacturing,
warehousing, or production to operate
successfully. This designation ensures uses are
able to operate in a manner that contributes to
local economic activity and diversifies the local
employment base while minimizing impacts to
adjacent residential uses. The designation fosters
new innovations and creative economic activity
by providing common gathering areas and
meeting spaces to share and exchange ideas.

Appropriate Land Uses
This designation is reserved for the provision of
production uses for light manufacturing, creative
art, or design services. Flexible use spaces, coworking offices, and creative or “maker” industry incubator spaces are also permitted. Professional
office or specialty retail are allowed only as an
accessory use to the primary production uses.

Residential uses are not allowed in this designation
as its intent is to promote and protect industry and
production uses that diversify the City’s tax base.

Intensity Range
Creative Uses 0.5 – 1.0 Floor Area Ratio
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78 | CHAPTER 2: LAND USE
Public Facilities (PF)
Purpose
The Public Facilities designation is intended to
assure the City and other institutional organizations
have adequate space to carry out the duties
and responsibilities of the organization. The Public
Facilities designation applies to both public and
quasi-public uses and may include physical
facilities or infrastructure related equipment or
structures needed to provide services.

Appropriate Land Uses
Civic-related administrative offices, community
space, operational yards, and educational or
institutional facilities are the primary uses allowed in this designation. Public utility structures or corridors, plazas, and historic landmarks or monuments
are also allowed within this designation. Wireless
telecommunications facilities may be allowed
in this designation when co-located with public
buildings and determined to be compatible with
and avoid nuisances to surrounding uses.

Intensity Range

0.1 – 1.0 Floor Area Ratio
Open Space (OS)
Purpose
The Open Space designation is intended to
prohibit intensive urban development to those
open space areas of the city which are necessary
to assure permanent open space in and for public
parks and recreation areas; and where urban
development would be put at risk from natural
hazards. This designation provides for public and
community-serving facilities ranging in scale from a
few thousand square feet to several acres of land.

Appropriate Land Uses
Public parks in any size or format are the primary
use in this designation. Trails, community gardens,
and other similar uses that provide open space
resources to surrounding neighborhoods and the
region are permitted. Educational buildings and
associated facilities to facilitate student learning
and activities are allowed in this designation.

Recreation facilities with an emphasis on outdoor
use are also allowed.

Intensity Range

0.0 – 0.5 Floor Area Ratio
City Beach (B)
Purpose
The beach offers exceptional natural beauty,
provides for unique recreational activities, offers
panoramic views, and is accessible to everyone.

These elements combine to create an unrivaled
natural asset that is cherished by the community
and essential to the local beach culture. This
designation is created to protect the recreational,
aesthetic, and natural values of the beach. This
designation is intended to prohibit any permanent
buildings or structures beyond those for lifeguard
and infrastructure, and minimize the amount of
space used by temporary structures or equipment.

Appropriate Land Uses
This designation provides for coastal activities and
events along the sandy shoreline. The provision
of permanent or temporary structures, including
the pier, is allowed on the beach only as they are
essential to the safe operation and enjoyment
of the beach. Infrastructure or amenities such as
restrooms, playgrounds, stormwater drainages
are allowed provided they do not create visual
obstructions or impede recreational activities.

Intensity Range

0.0 – 0.05 Floor Area Ratio
Institutional Uses
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