Agenda packet — Hermosa Beach City Council, January 10, 2023 (part 4 of 4)

7.2 Required Forms

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

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

3. Proposer 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 Proposer and that the Proposer is responsible for them.

4. 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.

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

6. The proposal shall be valid for 90 days from the date of submittal.

7. Proposer acknowledges that the City may issue addendums related to this RFP and that the proposer has reviewed the following addendums which have been issued:

Addendum: _____________________________
Addendum: _____________________________
Addendum: _____________________________
Addendum: _____________________________

8. Proposer further acknowledges the provisions of any addendums issued have been incorporated into their proposal.
22-011
#1 (10/25/22)
#2 (11/2/2022)
RFP 22-011 City of Hermosa Beach
Signature of Authorized Representative:
____________________________________________
Printed Name and Title:
____________________________________________
Craig Baptista, MBA - Vice President, Facilities West Region 1353
BUREAU VERITAS 220 TECHNOLOGY DRIVE, SUITE 100, IRVINE, CA 92618 P 949.860.4800 | WWW.BVNA.COM
28 6. REQUIRED FORMS

City of Hermosa Beach
Civic Center, 1315 Valley Drive, Hermosa Beach, California 90254-3885 ACKNOWLEDGEMENT OF ADDENDUM NO. 1
On-Call Plan Checking Services RFP No. 22-011
Complete and sign this acknowledgement form. Submit and enclose the acknowledgement in your proposal. Failure to do so may result in disqualification of your firm’s proposal.

The undersigned acknowledges receipt of Addendum No. 1 dated October 25, 2022.

ATTEST: _____________________________________
Principal: _____________________________________
Address: _____________________________________
By: _____________________________________
Title: _____________________________________
220 Technology Drive, Suite 100, Irvine, CA 92618
Vice President, Facilities West Region
Craig Baptista, MBA
Bureau Veritas North America, Inc.
1354
BUREAU VERITAS 220 TECHNOLOGY DRIVE, SUITE 100, IRVINE, CA 92618 P 949.860.4800 | WWW.BVNA.COM
29 6. REQUIRED FORMS
RFP 22-011 City of Hermosa Beach

Page 32 of 35 ends

7.2.2 Non-Collusion Affidavit
RFP #: _________
The undersigned declares states and certifies that:

1. This proposal is not made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization or corporation.

2. This proposal is genuine and not collusive or sham.

3. I have not directly or indirectly induced or solicited any other Proposer to put in a false or sham proposal and I have not directly or indirectly colluded, conspired, connived, or agreed with any other Proposer or anyone else to put in a sham proposal or to refrain from submitting to this RFP.

4. I have not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price or to fix any overhead, profit or cost element of the proposal price or to secure any advantage against the City of Hermosa Beach or of anyone interested in the proposed contract.

5. All statements contained in the Proposal and related documents are true.

6. I have not directly or indirectly submitted the proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any person, corporation, partnership, company, association, organization, RFP depository, or to any member or agent thereof, to effectuate a collusive or sham proposal.

7. I have not entered into any arrangement or agreement with any City of Hermosa Beach public officer in connection with this proposal.

8. I understand collusive bidding is a violation of State and Federal law and can result in fines, prison sentences, and civil damage awards.

Signature of Authorized Representative:
____________________________________________
Printed Name and Title:
____________________________________________
22-011
Craig Baptista, MBA - Vice President, Facilities West Region 1355
BUREAU VERITAS 220 TECHNOLOGY DRIVE, SUITE 100, IRVINE, CA 92618 P 949.860.4800 | WWW.BVNA.COM
30 6. REQUIRED FORMS
RFP 22-011 City of Hermosa Beach

Page 33 of 35 ends

7.2.3 Compliance with Insurance Requirements
RFP #: _________
The selected consultant will be expected to comply with the City s insurance requirements contained within this RFP.

The undersigned declares states and certifies that:

1. Proposer agrees, acknowledges and is fully aware of the insurance requirements as specified in the Request for Proposal.

2. If selected, proposer agrees to accept all conditions and requirements as contained therein.

Signature of Authorized Representative:
____________________________________________
Printed Name and Title:
____________________________________________
22-011
Craig Baptista, MBA - Vice President, Facilities West Region 1356
BUREAU VERITAS 220 TECHNOLOGY DRIVE, SUITE 100, IRVINE, CA 92618 P 949.860.4800 | WWW.BVNA.COM
31 6. REQUIRED FORMS
RFP 22-011 City of Hermosa Beach

Page 34 of 35 ends

7.2.4 Acknowledgement of Professional Services Agreement RFP #: _________
The selected consultant will be expected to comply with and sign the City s Professional Services Agreement. Proposers should identify and/or indicate any exceptions to the Sample Professional Services Agreement included in Section 6.2. The City Attorney or their designee retains the discretion to accept or reject proposed exceptions or modifications to the City s Professional Services Agreement.

1. Proposer agrees, acknowledges and is fully aware of the conditions specified in the City’s Sample Professional Services Agreement.

2. Proposer agrees to accept all conditions and requirements as contained therein with exceptions noted as follows:
______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ________________________________________________
Signature of Authorized Representative:
____________________________________________
Printed Name and Title:
____________________________________________
22-011
Craig Baptista, MBA - Vice President, Facilities West Region No exceptions
1357
BUREAU VERITAS 220 TECHNOLOGY DRIVE, SUITE 100, IRVINE, CA 92618 P 949.860.4800 | WWW.BVNA.COM
32 6. REQUIRED FORMS
November 8, 2022
Suja Lowenthal, City Manager
City of Hermosa Beach 1315 Valley Drive Hermosa Beach, CA 90254 RE: Mandatory COVID-19 Vaccination for City of Hermosa Beach Consultants Dear Ms. Lowenthal:

Per this letter, Bureau Veritas North America, Inc. certifies that all of its officers, agents, employees, subcontractors, representatives and volunteers servicing the City of Hermosa Beach on-site within the City pursuant to RFP 22-011 dated October 11, 2022, are or will be fully vaccinated or covered by an approved medical or religious exemption prior to the implementation of the scope of work located within the above referenced agreement.

Respectfully,
Craig Baptista, MBA, Vice President - Facilities Division, West Region Bureau Veritas North America, Inc.
220 Technology Drive, Suite 100, Irvine, CA 92618
P. 916.514.4516 (Direct) | 916.291.9151 (Mobile)
E. [email protected]
1358
BUREAU VERITAS 220 TECHNOLOGY DRIVE, SUITE 100, IRVINE, CA 92618 P 949.860.4800 | WWW.BVNA.COM
33 7. COST PROPOSAL
Per the RFP’s instructions the Fees have been sealed separately for submission. 1359
BUREAU VERITAS 220 TECHNOLOGY DRIVE, SUITE 100, IRVINE, CA 92618 P 949.860.4800 | WWW.BVNA.COM
34 220 Technology Drive, Suite 100
Irvine, CA 92618
www.bvna.com
1360
BUREAU VERITAS 220 TECHNOLOGY DRIVE, SUITE 100, IRVINE, CA 92618 P 949.860.4800 | WWW.BVNA.COM
35 7. COST PROPOSAL

SCHEDULE OF FEES
Our pricing reflects our commitment to the success of your project by helping you maintain significant quality and cost saving benefits moving forward.

These include:
▪ Reduced turnaround times and quick response time
▪ Highly qualified staff
▪ Confidence of working with a well-established consultant in business for 194+ years ▪ Plan Reviewers are ICC Certified
Rates for services are outlined below*:

PLAN REVIEW SERVICES HOURLY RATE
Project Manager $160/hr
Senior Structural Engineer $170/hr
Structural Engineer $155/hr
Senior Civil Engineer $165/hr
Civil Engineer $145/hr
Project Coordinator $80/hr
CASp $145/hr
Associate Plan Check Engineer / Plans Examiner $135/hr
*Expedited plan review will be billed at 1.25x the standard rate *Rates presented are non-union / non-prevailing wage
*Rates are subject to annual increase in accordance with CPI 1361
City of Hermosa Beach
Civic Center, 1315 Valley Drive, Hermosa Beach, CA 90254-3885

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CONTRACT FOR PROFESSIONAL SERVICES TO

PROVIDE ON-CALL PLAN CHECKING SERVICES
BETWEEN THE CITY OF HERMOSA BEACH AND TRANSTECH ENGINEERS, INC.

This AGREEMENT is entered into this 10th day of January, 2023, by and between the CITY OF Hermosa Beach, a general law city a municipal corporation (“CITY”) and Transtech Engineers, Inc., a California Corporation (“CONSULTANT”).

R E C I T A L S
A. The City desires to obtain on-call civl plan checking services related to land development.

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 Consultant represents 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 Consultant to perform the services as described in Exhibit A of this Agreement.

NOW, THEREFORE, based on the foregoing recitals, the City and the Consultant agree as follows:

CONSIDERATION AND COMPENSATION As partial consideration, CONSULTANT agrees to perform the work listed in the SCOPE OF SERVICES, attached as EXHIBIT A.

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

As additional consideration, CITY agrees to pay CONSULTANT an amount not to exceed a total of $500,000.00 for CONSULTANT’s services, unless otherwise specified by written amendment to this Agreement.

No additional compensation shall be paid for any expenses incurred, unless first approved by the City Manager or his/her designee through issuance of a task order.

CONSULTANT shall submit to CITY, by not later than the 10th day of each month, its invoice for services itemizing the fees and costs incurred during the previous month.

CITY shall pay CONSULTANT all uncontested amounts set forth in CONSULTANT’s invoice within 30 days after it is received.

SCOPE OF SERVICES. CONSULTANT will perform the services and activities set forth in the SCOPE OF SERVICE attached hereto as Exhibit A and incorporated herein by this reference. 1362
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Except as herein otherwise expressly specified to be furnished by CITY, CONSULTANT 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 CONSULTANT by this Agreement.

PAYMENTS. For CITY to pay CONSULTANT as specified by this Agreement, CONSULTANT must submit an invoice to CITY which lists the reimbursable costs, the specific tasks performed, and, for work that includes deliverables, the percentage of the task completed during the billing period in accordance with the schedule of compensation incorporated in “Exhibit A.” TIME OF PERFORMANCE. The services of the CONTRACTOR 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.

FAMILIARITY WITH WORK. By executing this Agreement, CONSULTANT represents that CONSULTANT has (a) reasonably investigated and considered the scope of services to be performed; (b) reasonably considered how the services should be performed; and (c) reasonably understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement.

KEY PERSONNEL. CONSULTANT’s key person assigned to perform work under this Agreement is Ahmed Ansari. CONSULTANT shall not assign another person to be in charge of the work contemplated by this Agreement without the prior written authorization of the City.

TERM OF AGREEMENT. The term of this Agreement shall commence upon execution by both parties and shall expire on January 10, 2028, unless earlier termination occurs under Section 11 of this Agreement, or this Agreement is extended in writing in advance by both parties.

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 CONSULTANT 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.

TAXPAYER IDENTIFICATION NUMBER. CONSULTANT will provide CITY with a Taxpayer Identification Number.

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.

TERMINATION. Except as otherwise provided, CITY may terminate this Agreement at any time with or without cause. Notice of termination shall be in writing.

CONSULTANT 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 CONSULTANT shall, at CITY’s option, become CITY’s property, and CONSULTANT will receive just and equitable compensation for any work satisfactorily completed up to the effective date of notice of termination. 1363
City of Hermosa Beach

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Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated.

INDEMNIFICATION. To the fullest extent of the law, CONSULTANT agrees as follows:

12.1 With respect to any claims that are not related to CONSULTANT's professional services, CONSULTANT shall indemnify, defend with counsel approved by the CITY, and hold harmless the CITY, its officers, officials, employees, and volunteers from and against any and all liability, loss, damage, expense and cost (including reasonable attorneys fees, expert fees and all other costs and fees of litigation) arising out of, pertaining to, or relating to the negligence, recklessness, or willful misconduct of the CONSULTANT, its employees, and/or authorized subcontractors, in performing this Agreement. The defense obligation provided for hereunder shall apply without any advance showing of negligence, recklessness or willful misconduct of the CONSULTANT, its employees, and/or authorized subcontractors, but shall be required whenever any claim, action, complaint, or suit asserts as its basis the negligence, recklessness, or willful misconduct of the CONSULTANT, its employees, and/or authorized subcontractors, and/or whenever any claim, action, complaint or suit asserts liability against the CITY, its officers, officials, employees, and volunteers based upon such negligence, recklessness, or willful misconduct, whether or not the CONSULTANT, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable. Notwithstanding the foregoing, the CONSULTANT shall not be liable for the defense or indemnification of the CITY for claims, actions, complaints or suits arising out of the sole or active negligence or willful misconduct of the CITY.

12.2 With respect to claims related to CONSULTANT'S professional services, CONSULTANT shall indemnify and hold the CITY, its officers, officials, employees, and volunteers harmless from any damage, liability or cost (including reasonable attorneys' fees and costs of defense) to the extent they are caused by CONSULTANT'S negligence, recklessness or willful misconduct. CONSULTANT shall not have an upfront duty to defend the CITY, its officers, officials, employees, and volunteers under this paragraph, but shall reimburse reasonable defense fees and costs to the extent a claim is determined to have been caused by the negligence, recklessness or willful misconduct of CONSULTANT, or as the parties otherwise agree in settlement. In no event shall the cost to defend charged to CONSULTANT under this paragraph exceed the CONSULTANT'S proportionate percentage of fault.

CONSULTANT shall indemnify, defend with counsel approved by CITY, and hold harmless CITY, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys’ fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with CONSULTANT's performance of work hereunder or its failure to comply with any of its obligations contained in this AGREEMENT, to the degree determined by agreement of the parties or in a final or non-appealable judgment to be proportionate to its liability. Should CITY find CONSULTANT’s legal counsel unacceptable, then CONSULTANT shall reimburse the CITY its costs of defense, including without limitation reasonable attorneys’ fees, expert fees and all other costs and fees of litigation. The CONSULTANT 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 laws of the State of California and will survive termination of this Agreement.

The requirements as to the types and limits of insurance coverage to be maintained by CONSULTANT as required by Section 17, and any approval of said insurance by CITY, are not 1364
City of Hermosa Beach

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intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by CONSULTANT pursuant to this Agreement, including, without limitation, to the provisions concerning indemnification.

ASSIGNABILITY. This Agreement is for CONSULTANT’s professional services. CONSULTANT’s attempts to assign the benefits or burdens of this Agreement without CITY’s written approval are prohibited and will be null and void.

INDEPENDENT CONTRACTOR. CITY and CONSULTANT agree that CONSULTANT will act as an independent contractor and will have control of all work and the manner in which is it performed. CONSULTANT will be free to contract for similar service to be performed for other employers while under contract with CITY. CONSULTANT 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 CONSULTANT as to the details of doing the work or to exercise a measure of control over the work means that CONSULTANT will follow the direction of the CITY as to end results of the work only.

AUDIT OF RECORDS. CONSULTANT agrees that CITY, or designee, has the right to review, obtain, and copy all records pertaining to the performance of this Agreement. CONSULTANT 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 determining compliance with this Agreement. CONSULTANT further agrees to maintain such records for a period of three (3) years following final payment under this Agreement.

CONSULTANT will keep all books, records, accounts and documents pertaining to this Agreement separate from other activities unrelated to this Agreement.

CORRECTIVE MEASURES. CONSULTANT will promptly implement any corrective measures required by CITY regarding the requirements and obligations of this Agreement. CONSULTANT will be given a reasonable amount of time as determined by the City to implement said corrective measures. Failure of CONSULTANT to implement required corrective measures shall result in immediate termination of this Agreement.

INSURANCE REQUIREMENTS.

A. The CONSULTANT, at the CONSULTANT’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 Consultant 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 CONSULTANT 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 1365
City of Hermosa Beach

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under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit.

3. Automobile Liability Coverage. The CONSULTANT shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the CONSULTANT 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.

4. Professional Liability Coverage. The CONSULTANT shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors, or omissions which may arise from the CONSULTANT’S operations under this Agreement, whether such operations be by the CONSULTANT or by its employees, subcontractors, or subconsultants. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single-limit-peroccurrence basis. When coverage is provided on a “claims made basis,” CONSULTANT will continue to renew the insurance for a period of three (3) years after this Agreement expires or is terminated. Such insurance will have the same coverage and limits as the policy that was in effect during the term of this Agreement, and will cover CONSULTANT for all claims made by CITY arising out of any errors or omissions of CONSULTANT, or its officers, employees or agents during the time this Agreement was in effect.

B. Endorsements. Each general liability, automobile liability and professional 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. CONSULTANT also agrees to require all contractors, and subcontractors to do likewise. City agrees that sections 17.B.1 and 17.B.3 shall not apply to Professionla Liability and Workers’ Compensation insurance coverage.

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 CONSULTANT, including materials, parts, or equipment furnished in connection with such work or operations.” This endorsement shall only apply to CONSULTANT’s general liability insurance policy and automobile liability insurance policy.

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.

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.
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C. CONSULTANT agrees to provide immediate notice to CITY of any claim or loss against Contractor 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 CONSULTANT shall demonstrate financial capability for payment of such deductibles or self-insured retentions.

E. The CONSULTANT 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 CONSULTANT 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 Consultant (as the named insured) should Consultant 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. Consultant understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by Consultant as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should City pay the SIR or deductible on Consultant’s behalf upon the Consultant’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 Consultant for breach of this Agreement in addition to any other damages incurred by City due to the breach.

USE OF OTHER CONSULTANTS. CONSULTANT must obtain CITY’s prior written approval to use any sub-consultants while performing any portion of this Agreement. Such approval must include approval of the proposed consultant and the terms of compensation.

FINAL PAYMENT ACCEPTANCE CONSTITUTES RELEASE. The acceptance by the CONSULTANT 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 CONSULTANT for anything done, furnished or relating to the CONSULTANT’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 CONSULTANT, its employees, sub-consultants and agents for the accuracy and competency of the information provided and/or work 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 Consultant, its employees, sub-consultants and agents.

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shall be charged to the CONSULTANT. 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 CONSULTANT under this Agreement up to the amount of the cost of correction.

NON-APPROPRIATION OF FUNDS. Payments to be made to CONSULTANT by CITY for services preformed 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 CONSULTANT’S services beyond the current fiscal year, the Agreement shall cover payment for CONSULTANT’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.

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 CONSULTANT
City of Hermosa Beach
1315 Valley Drive
Hermosa Beach, CA 90254
ATTN: Joe SanClemente
TRANSTECH Engineers, Inc.
133367 Benson Avenue
Chino, CA 91710
ATTN: Ahmad Ansari
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. CONSULTANT maintains and warrants that it has not employed nor retained any company or person, other than CONSULTANT’s bona fide employee, to solicit or secure this Agreement. Further, CONSULTANT warrants that it has not paid nor has it agreed to pay any company or person, other than CONSULTANT’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 CONSULTANT 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 CONSULTANT and CITY and not for the benefit of any other party.

There will be no incidental or other beneficiaries of any of CONSULTANT’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.
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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.

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.

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.

TIME IS OF ESSENCE. Time is of the essence to comply with dates and schedules to be provided.

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 as part of the prevailing party’s total damages attributable to the non-prevailing party’s proportionate percentage of fault as determined by a court of competent jurisdiction.

STATEMENT OF EXPERIENCE. By executing this Agreement, CONSULTANT represents that it has demonstrated trustworthiness and possesses the quality, fitness and capacity to perform the Agreement in a manner satisfactory to CITY. CONSULTANT represents that its financial resources, surety and insurance experience, service experience, completion ability, personnel, current workload, experience in dealing with private consultants, and experience in dealing with public agencies all suggest that CONSULTANT is capable of performing the proposed contract and has a demonstrated capacity to deal fairly and effectively with and to satisfy a public agency.

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rights in all inventions, improvements, discoveries, methodologies, models, formats, software, algorithms, processes, procedures, designs, specifications, findings, and other intellectual properties developed, gathered, or produced by CONSULTANT prior to or independently any of its services under this Agreement (“Pre-existing Materials”), including such Pre-existing Materials that CONSULTANT may employ in the performance of this Agreement, or may incorporate into any of its work product. CONSULTANT grants CITY and irrevocable, nonexclusive, royalty-free, license in perpetuity to use, disclose, derive from, and transfer such Preexisting Materials, but only as an inseparable part of the work product.

DISCLOSURE REQUIRED. (City and Consultant initials required at one of the following paragraphs)
By their respective initials next to this paragraph, City and Consultant hereby acknowledge that Consultant is a “consultant” for the purposes of the California Political Reform Act because Consultant’s duties would require him or her to make one or more of the governmental decisions set forth in Fair Political Practices Commission Regulation 18701(a)(2) or otherwise serves in a staff capacity for which disclosure would otherwise be required were Consultant employed by the City. Consultant 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 consultant commencing services hereunder, the City’s Manager shall prepare and deliver to consultant a memorandum detailing the extent of Consultant’s disclosure obligations in accordance with the City’s Conflict of Interest Code.

City Initials ______
Consultant Initials ______
OR
By their initials next to this paragraph, City and Consultant hereby acknowledge that Consultant is not a “consultant” for the purpose of the California Political Reform Act because Consultant’s duties and responsibilities are not within the scope of the definition of consultant in Fair Political Practice Commission Regulation 18701(a)(2)(A) and is otherwise not serving in staff capacity in accordance with the City’s Conflict of Interest Code.

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

CITY OF HERMOSA BEACH CONSULTANT
MAYOR/CITY MANAGER By: TITLE
1370
City of Hermosa Beach

Page 10 of 10 ends

ATTEST:

Myra Maravilla, City Clerk Taxpayer ID No.

APPROVED AS TO FORM:

Patrick Donegan, City Attorney
1371
Exhibit A
General Plan Check RFP 22-011 Scope of Services
The City of Hermosa Beach is seeking to retain the services of a professional firm, or team of firms, with the expertise and capacity to review a variety of plans, reports, parcel maps, vesting tentative maps, land development and disciplines plan checks, commercial and residential encroachment plans, and wireless facility applications by providing written comments to the Public Works and Planning Departments; assist in improving plan checking procedures/practices/policy; attending coordination meetings with applicants as needed; coordinating responses to applicants submitted questions; and develop design guidelines and City standards.

The City is looking for creativity from proposers to provide an approach that will result in the efficient and effective development or provision of services. The City is therefore open to proposers identifying a different scope of services, or recommending the addition or removal of items, so long as the project objectives are met, and the rationale for additions or removal are clearly articulated.

Hermosa Beach has a highly-engaged community and anticipates that community engagement efforts will be a necessary component to the successful implementation of the responsibilities identified.

The City of Hermosa Beach is seeking consultants to assist the Public Works Department in managing the day-to day plan checking engineering needs of the City and its citizens and provide serval services including, but not limited to:
a. Conduct field visits of all new plan check projects with City Staff and any follow up field visits as needed.
b. Be available to meet with City Staff or answer City Staff emails and inquiries pertaining to plan check projects within 8-hours or one business day. c. Provide a process or digital platform for submitting plans and documents and tracking plan check progress.
d. Review plans submitted by developer applicants and provide written comments to the City. Reviews may include: overall site design including notes on plans, grading, streets, sidewalks, storm drains and storm drain pipelines, sanitary sewer manholes and pipelines, water pipelines, off-site improvements, and landscaping plans.
e. Review plans submitted by City consultants and designers for City projects and provide written comments to the City. Plans may include: civil, HVAC, mechanical, plumbing, utility, demolition, electrical, solar, structural, architectural, building, etc.
1372
RFP 22-011 City of Hermosa Beach

Page 2 of 2 ends

f. Review and provide written comments to the City for project submitted cost estimates as requested.
g. Review and provide written comments to the City for project submitted reports including but not limited to soils reports, hydrology reports, sewer hydraulic reports, environmental, biological, dewatering and water hydraulic reports.
h. Review and provide written comments to the City for project related MS4 permit documents, NPDES documents, or LID documents.
i. Attend video conference calls, coordination, reporting, and follow up meetings with the Public Works Department, residents, applicants, and design engineers as needed.
j. Provide reviews and written comments to the City for parcel maps, vesting tentative maps, encroachment permits, wireless facility Right-of-way permits, easement dedications, title reports, and other documents as needed.
k. Development of guidelines for design (such as parkways, dining decks, encroachments, etc.), for trees and plantings, development of City standards plan and details, fees, processes improvements, easement policy, etc.
1373
COST PROPOSAL 2
Cost Proposal
ON-CALL PLAN CHECK SERVICES, RFP No. 22-011
TRANSTECH ENGINEERS, INC.

SCHEDULE OF HOURLY RATES
Effective through June 30, 2023
Rates are average, negotiable and can be modified to establish a fee for each assignment based on the specific project’s scope, when such projects are identified by the City.

ENGINEERING CONSTRUCTION

MANAGEMENT BUILDING & SAFETY
Field Technician $86 Labor Compliance Analyst $145 Permit Technician $86 Engineering Technician $102 Funds Coordinator $150 Plan Check Technician/Analyst $118 Assistant CAD Drafter $124 Utility Coordinator $161 Building Inspector $118 Senior CAD Drafter $145 Office Engineer $145 Senior Inspector $134 Associate Designer $150 Construction Inspector $145 Plans Examiner/Checker $145 Senior Designer $161 Senior Construction Inspector $156 Plan Check Engineer $161 Design Project Manager $199 Construction Manager $199 Deputy Building Official $161 Assistant Engineer $129 Resident Engineer $199 Building Official $172 Staff/Associate Civil Engineer $156 PUBLIC WORKS INSPECTION PLANNING Senior Civil Engineer $209 Public Works Inspector $145 Community Development Technician $86 Traffic Analyst Technician $118 Senior Public Works Inspector $156 Planning Technician $91 Associate Traffic Analyst $140 Supervising PW Inspector $161 Assistant Planner $129 Senior Traffic Analyst $161 SURVEY AND MAPPING Associate Planner $135 Professional Transportation Planner $177 Survey Analyst $145 Senior Planner $166 Traffic Engineer Technician $102 Senior Survey Analyst $156 Planning Manager $177 Associate Traffic Engineer $156 2-Man Survey Crew $333 ADMINISTRATIVE STAFF Traffic Engineer $177 Survey & Mapping Specialist $188 Administrative/Clerical $70 Senior Traffic Engineer $199 Licensed Land Surveyor $204 Project Accountant $86 Project Manager $183 FUNDING & GRANT WRITING
Senior Project Manager $199 Funds Analyst $140
Deputy City Engineer $172 Senior Funds Analyst $150
City Engineer $188 Graphic & Rendering Designer $134
Principal Engineer $209 Grant Writer $166
Funds & Grant Project Manager $188
The above fees will be increased each year July 1
The above fees will be increased each year July 1st automatically by the percentage change Los Angeles-Long Beach-Anaheim California Consumer Price Index-All Urban Consumers (“CPI-U”) for the preceding twelve-month period as calculated for February by the U.S. Department of Labor Bureau of Labor Statistics and published by the United States Bureau of Labor Statistic. 1374
City of Hermosa Beach
Civic Center, 1315 Valley Drive, Hermosa Beach, CA 90254-3885

Page 1 of 9 ends

CONTRACT FOR PROFESSIONAL SERVICES TO

PROVIDE ON-CALL PLAN CHECKING SERVICES
BETWEEN THE CITY OF HERMOSA BEACH AND BUREAU VERITAS NORTH AMERICA, INC.

This AGREEMENT is entered into this 10th day of January, 2023, by and between the CITY OF Hermosa Beach, a general law city a municipal corporation (“CITY”) and Bureau Veritas North America, Inc., a Delaware corporation (“CONSULTANT”).

R E C I T A L S
A. The City desires to obtain on-call civil plan checking services related to land development.

C. The Consultant 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 Consultant to perform the services as described in Exhibit A of this Agreement.

NOW, THEREFORE, based on the foregoing recitals, the City and the Consultant agree as follows:

CONSIDERATION AND COMPENSATION As partial consideration, CONSULTANT agrees to perform the work listed in the SCOPE OF SERVICES, attached as EXHIBIT A.

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

As additional consideration, CITY agrees to pay CONSULTANT an amount not to exceed a total of $500,000, for CONSULTANT’s services, unless otherwise specified by written amendment to this Agreement. CONSULTANT’S hourly rate for services provided shall not exceed the Schedule of Fees attached as EXHIBIT B.

No additional compensation shall be paid for any expenses incurred, unless first approved by the City Manager or his/her designee through issuance of a task order.

CONSULTANT shall submit to CITY, by not later than the 10th day of each month, its invoice for services itemizing the fees and costs incurred during the previous month.

CITY shall pay CONSULTANT all uncontested amounts set forth in CONSULTANT’s invoice within 30 days after it is received.

Page 2 of 9 ends

KEY PERSONNEL. CONSULTANT’s key person assigned to perform work under this Agreement is Michael Kennedy. CONSULTANT shall not assign another person to be in charge of the work contemplated by this Agreement without the prior written authorization of the City.

TAXPAYER IDENTIFICATION NUMBER. CONSULTANT will provide CITY with a Taxpayer Identification Number.

TERMINATION. Except as otherwise provided, CITY may terminate this Agreement at any time with or without cause. Notice of termination shall be in writing.

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

Page 3 of 9 ends

Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated.

INDEMNIFICATION. CONSULTANT shall indemnify, defend with counsel approved by CITY, and hold harmless CITY, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys’ fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with CONSULTANT's performance of work hereunder or its failure to comply with any of its obligations contained in this AGREEMENT, to the degree determined by agreement of the parties or in a final or non-appealable judgment to be proportionate to its liability. Should CITY find CONSULTANT’s legal counsel unacceptable, then CONSULTANT shall reimburse the CITY its costs of defense, including without limitation reasonable attorneys’ fees, expert fees and all other costs and fees of litigation. The CONSULTANT 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 laws of the State of California and will survive termination of this Agreement.

The requirements as to the types and limits of insurance coverage to be maintained by CONSULTANT 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 CONSULTANT pursuant to this Agreement, including, without limitation, to the provisions concerning indemnification.

CONSULTANT will keep all books, records, accounts and documents pertaining to this Agreement separate from other activities unrelated to this Agreement.

Page 4 of 9 ends

corrective measures. Failure of CONSULTANT to implement required corrective measures shall result in immediate termination of this Agreement.

INSURANCE REQUIREMENTS.

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

Page 5 of 9 ends

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.

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.

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

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

Page 6 of 9 ends

CORRECTIONS. In addition to the above indemnification obligations, the CONSULTANT shall correct, at its expense, all errors in the work which may be disclosed during the City’s review of the Consultant’s report or plans. Should the Consultant 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 CONSULTANT. 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 CONSULTANT under this Agreement up to the amount of the cost of correction.

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 CONSULTANT
City of Hermosa Beach
1315 Valley Drive
Hermosa Beach, CA 90254
ATTN: Joe SanClemente
[email protected]
Bureau Veritas North America, Inc.
220 Technology Drive, Suite 100
Irvine, CA 92618
ATTN: Craig Baptista
[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.

Page 7 of 9 ends

agreed to pay any company or person, other than CONSULTANT’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 CONSULTANT 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 CONSULTANT and CITY and not for the benefit of any other party.

There will be no incidental or other beneficiaries of any of CONSULTANT’s or CITY’s obligations under this Agreement.

TIME IS OF ESSENCE. Time is of the essence to comply with dates and schedules to be provided.

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OWNERSHIP OF DOCUMENTS. It is understood and agreed that the City shall own all documents and other work product of the Consultant, except the Consultant’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 Consultant, but any re-use of such documents by the City on any other project without prior written consent of the Consultant shall be at the sole risk of the City. However, notwithstanding any provision to the contrary in this Agreement, CONSULTANT shall retain ownership and all rights in all inventions, improvements, discoveries, methodologies, models, formats, software, algorithms, processes, procedures, designs, specifications, findings, and other intellectual properties developed, gathered, or produced by CONSULTANT prior to or independently any of its services under this Agreement (“Pre-existing Materials”), including such Pre-existing Materials that CONSULTANT may employ in the performance of this Agreement, or may incorporate into any of its work product. CONSULTANT grants CITY and irrevocable, nonexclusive, royalty-free, license in perpetuity to use, disclose, derive from, and transfer such Preexisting Materials, but only as an inseparable part of the work product.

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

CITY OF HERMOSA BEACH CONSULTANT
MAYOR/CITY MANAGER By: TITLE
ATTEST:

Myra Maravilla , City Clerk Taxpayer ID No.

APPROVED AS TO FORM:

Patrick Donegan, City Attorney
1383
Exhibit A
General Plan Check RFP 22-011 Scope of Services
The City of Hermosa Beach is seeking to retain the services of a professional firm, or team of firms, with the expertise and capacity to review a variety of plans, reports, parcel maps, vesting tentative maps, land development and disciplines plan checks, commercial and residential encroachment plans, and wireless facility applications by providing written comments to the Public Works and Planning Departments; assist in improving plan checking procedures/practices/policy; attending coordination meetings with applicants as needed; coordinating responses to applicants submitted questions; and develop design guidelines and City standards.

Hermosa Beach has a highly-engaged community and anticipates that community engagement efforts will be a necessary component to the successful implementation of the responsibilities identified.

Page 2 of 2 ends

f. Review and provide written comments to the City for project submitted cost estimates as requested.
g. Review and provide written comments to the City for project submitted reports including but not limited to soils reports, hydrology reports, sewer hydraulic reports, environmental, biological, dewatering and water hydraulic reports.
h. Review and provide written comments to the City for project related MS4 permit documents, NPDES documents, or LID documents.
i. Attend video conference calls, coordination, reporting, and follow up meetings with the Public Works Department, residents, applicants, and design engineers as needed.
j. Provide reviews and written comments to the City for parcel maps, vesting tentative maps, encroachment permits, wireless facility Right-of-way permits, easement dedications, title reports, and other documents as needed.
k. Development of guidelines for design (such as parkways, dining decks, encroachments, etc.), for trees and plantings, development of City standards plan and details, fees, processes improvements, easement policy, etc.
1385
BUREAU VERITAS 220 TECHNOLOGY DRIVE, SUITE 100, IRVINE, CA 92618 P 949.860.4800 | WWW.BVNA.COM
35 7. COST PROPOSAL

SCHEDULE OF FEES
Our pricing reflects our commitment to the success of your project by helping you maintain significant quality and cost saving benefits moving forward.

PLAN REVIEW SERVICES HOURLY RATE
Project Manager $160/hr
Senior Structural Engineer $170/hr
Structural Engineer $155/hr
Senior Civil Engineer $165/hr
Civil Engineer $145/hr
Project Coordinator $80/hr
CASp $145/hr
Associate Plan Check Engineer / Plans Examiner $135/hr
*Expedited plan review will be billed at 1.25x the standard rate *Rates presented are non-union / non-prevailing wage
*Rates are subject to annual increase in accordance with CPI 1386
City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
REPORT 23-0008
Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of January 10, 2023

APPROVAL OF SECOND AMENDMENT TO AN

AGREEMENT WITH MILLER PLANNING ASSOCIATES
TO PREPARE THE UPDATE TO THE SUBDIVISION ("TITLE 16")
AND ZONING ("TITLE 17") ORDINANCES OF THE

HERMOSA BEACH MUNICIPAL CODE
(Interim Community Development Director Corrie Kates)
Recommended Action:

Staff recommends City Council:

1. Approve the proposed second amendment to an agreement with Miller Planning Associates for the preparation of the update to the Subdivision (“Title 16”) and Zoning (“Title 17”) Ordinances of the Hermosa Beach Municipal Code increasing the not-to-exceed amount by $30,000 resulting in a total amended not-to exceed amount of $287,100 (Attachment 3); and

2. Authorize the Mayor to execute and the City Clerk to attest the attached second amendment, subject to approval by the City Attorney.

Executive Summary:

At its October 27, 2020 meeting, City Council awarded an agreement to update the City’s Zoning and Subdivision Ordinance to Miller Planning Associates (MPA) (Attachment 1). Staff recommends City Council approve the proposed second amendment to modify the scope of work to include Housing Element Update support for an additional cost of $30,000, resulting in a total amended not-to-exceed amount of $287,100.

Background:

In 2017, the City of Hermosa Beach adopted PLAN Hermosa, its first general plan update since 1979. PLAN Hermosa contains seven elements, including a Housing Element and a Land Use Element. The Land Use Element of PLAN Hermosa regulates how all land in the City is to be used in the future. To implement a general plan’s land use element, municipalities rely on its zoning code.

In 2019, the City initiated a professional review in advance a comprehensive update of Hermosa Beach Municipal Code (HBMC) Title 17 Zoning and Title 16 Subdivisions, to reflect and implement PLAN Hermosa. At its October 27, 2020 meeting, City Council approved an agreement with Miller City of Hermosa Beach Page 1 of 6 Printed on 3/25/2024
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PLAN Hermosa. At its October 27, 2020 meeting, City Council approved an agreement with Miller Planning Associates to provide technical expertise to complete the comprehensive zoning code update. The City and MPA executed the first amendment to extend the Agreement by two years, through June 30, 2024 (Attachment 2). There was no financial impact as a result of the extension.

At its November 3, 2022 meeting, City Council directed staff and Planning Commission to move forward with pursuing additional study of modifications of allowable FAR and corresponding changes to the Zoning Code. Council also directed staff to analyze zoning options that would allow the City to fulfill its Regional Housing Needs Allocation (RHNA) of 558 dwelling units, and achieve certification of its 2021-2029 Housing Element from the California Department of Housing and Community Development (HCD).

Where the Housing Element and Zoning Code Update Intersect In 2020, at around the same time it began the zoning code update, the City began working on its 6th Cycle 2021-2029 Housing Element. With a RHNA allocation of 558 dwelling units, the challenge for the City then became where and how to accommodate these units while remaining aligned with PLAN Hermosa, the proposed updated zoning code, and certain voter-initiated building height limits.

PLAN Hermosa assumed a buildout of just 300 additional units.

Hermosa Beach, as a jurisdiction within the Southern California Association of Governments (SCAG) region, was required to submit to the California Department of Housing and Community Development (HCD) a revised 6th housing element revision no later than October 15, 2021, with a statutory 120- day grace period for certification, resulting in a deadline of February 11, 2022.

Jurisdictions that failed to adopt a certified Housing Element by this date were then subject to the new requirements of Assembly Bill 1398 (Bloom) passed in the 2021-2022 legislative session, which requires that any rezoning necessary for approval of the Housing Element by HCD, be implemented by October 15, 2022.

However, there was a reprieve for municipalities with housing element deadlines in 2021 in the form of Senate Bill 197. Signed into law on June 30, 2022, SB 197 changed the rezoning deadlines for jurisdictions with statutory housing element deadlines in 2021, such as Hermosa Beach, giving a three-year extension for enacting necessary rezoning action if the adopted housing element is certified by HCD by October 15, 2022.

The City submitted its Council-adopted Housing Element to HCD on December 21, 2021 and City of Hermosa Beach Page 2 of 6 Printed on 3/25/2024
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The City submitted its Council-adopted Housing Element to HCD on December 21, 2021 and received a substantial comment letter by HCD on March 23, 2022. By early July 2022, the City’s consultant assisting with the preparation of the Housing Element update had not made progress in addressing the comments provided by HCD in its March letter and, after discussion with staff, the consultant terminated its agreement with the City.

Housing Elements in the SCAG region had to be submitted to HCD by August 15, 2022, to be eligible to meet the certification deadline of October 15, 2022, and thus, be eligible for the three-year rezoning extension per SB 197. As a result of missing the statutory deadlines for certification by HCD within one year of the 2021 housing element due date, jurisdictions such as the City of Hermosa Beach cannot be found in compliance with Housing Element Law until all necessary rezones are complete.

The original scope of the contract with MPA did not include efforts outside of aligning and updating the zoning code to be compatible with the existing General Plan. However, initial discussions indicated that MPA would be able to amend its contract to include the additional analysis for the City’s Housing Element.

Discussion:

Because the City was unable to adopt a Housing Element that substantially complies with State law by October 15, 2022, any rezoning that might be required to accommodate the City’s RHNA obligations, must be implemented prior to HCD approving and certifying the 2021-2029 Housing Element. It is fortunate timing that the City is actively engaged in a comprehensive zoning code City of Hermosa Beach Page 3 of 6 Printed on 3/25/2024
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update because it could easily fold any required changes into the effort.

Based on HCD’s comments on its Draft 6th Cycle Housing Element (Attachment 5), the City has begun considering additional Housing Element programs to respond to HCD’s feedback and to meet the City’s RHNA. These programs would modify zoning use allowances and increased density to allow multifamily and mixed-use development in existing commercial districts.

Miller Planning Associates has proposed an additional ninth task to its scope of work (Attachment 4) to collaborate with the Housing Element update team to:
· Identify additional opportunities to accommodate housing to meet the RHNA and incorporate them into the Zoning Ordinance update, and to
· Evaluate the additional Housing Element programs consistent with the California Environmental Quality Act (CEQA).

The scope of this new task includes:
· Project Management and Housing Program Strategy-identify issues and additional areas to accommodate additional housing and accomplish the appropriate CEQA analysis; · Study Sessions-provide the public and decisionmakers with opportunities to provide input on the choices being considered;
· Incorporation into Zoning Ordinance Update-incorporate additional housing allowances into the Draft Comprehensive Zoning Code Update. The City must complete this update in advance of certifying its next Housing Element submission; and · Addendum to the PLAN Hermosa EIR-provide appropriate level of CEQA review to evaluate Housing Element programs that call for zoning changes to increase densities.

Staff recommends City Council approve the proposed second amendment to modify the scope of work to include Housing Element Update support for an additional cost of $30,000, resulting in a total amended not-to-exceed amount of $287,100. If the proposed second amendment is approved, MPA’s work effort would be combined in the timeline for the preparation of an updated Housing Element, which is now underway with Veronica Tam and Associates, a highly regarded planning firm with expertise in complying with State housing law. The City expects to complete a readopted Housing element in May 2023.

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:

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Land Use Element
Goal 1. Create a sustainable urban form and land use patterns that support a robust economy and high quality of life for residents.

Policies:
· 1.1 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.
· 1.8 Respond to unique characteristics. Enhance the unique character and identity of the city’s neighborhoods, districts and corridors through land use and design decisions. Allow policies and programs to be focused on each unique character area of the city.

Goal 2. Neighborhoods provide for diverse needs of residents of all ages and abilities, and are organized to support healthy and active lifestyles.

Policies:
· 2.1 Complete neighborhoods. Neighborhoods are complete and well-structured by encouraging, where appropriate, the following characteristics:
• Contain a high level of connectivity for pedestrians, bicycles and vehicles. • Have homes with entries and windows facing the street. • Provide a diversity of architectural styles.
• Have goods and services within a short walking distance. • Address the needs of multiple ages and physical abilities. · 2.3 Balanced neighborhoods. Promote a diverse range of housing unit types and sizes, within the allowed densities.

Fiscal Impact:

Sufficient funds are available in the FY 2022-23 Budget in the Zoning Ordinance Update’s contract services account, 001-4105-4201, to cover the proposed second amendment not-to-exceed $30,000.

Agreement Modification Request
Agreement Current
Authorized
Amount
Modified Request
Amount
FY 2022-2023
Budget Dept.

Account #
Total Revised
Contract Amount
Professional Services
Agreement with Miller
$257,100 $30,000 001-4105-4201 $287,100
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Staff Report
REPORT 23-0008 Agreement Modification Request
Agreement Current
Authorized
Amount
Modified Request
Amount
FY 2022-2023
Budget Dept.

Account #
Total Revised
Contract Amount
Professional Services
Agreement with Miller
Planning Associates
$257,100 $30,000 001-4105-4201 $287,100
Attachments:

1. Agreement with Miller Planning Associates

2. First Amendment to Agreement with Miller Planning Associates

3. Proposed Second Amendment to Agreement with Miller Planning Associates

4. Miller Planning Associates Proposal

5. HCD Comments Letter dated March 23, 2022

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

7. Link to December 21, 2021 City Council Staff Report

8. Link to November 3, 2022 City Council Staff Report

8. Link to December 5, 2022 Planning Commission Staff Report Respectfully Submitted by: Sirinya Matute, Senior Management Analyst Concur: Corrie Kates, Interim Community Development Director Noted for Fiscal Impact: Viki Copeland, Finance Director Legal Review: Patrick Donegan, City Attorney
Approved: Suja Lowenthal, City Manager
City of Hermosa Beach Page 6 of 6 Printed on 3/25/2024
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City of Hermosa Beach
Civic Center, 1315 Valley Drive, Hermosa Beach, CA 90254-3885

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Professional Services Agreement

CONTRACT FOR PROFESSIONAL SERVICES TO

UPDATE THE ZONING AND SUBDIVISION ORDINANCES OF THE HERMOSA BEACH MUNICIPAL CODE

BETWEEN THE CITY OF HERMOSA BEACH AND MILLER PLANNING ASSOCIATES This AGREEMENT is entered into this 27th day of October 2020, by and between the CITY OF Hermosa Beach, a general law city a municipal corporation (“CITY”) and MILLER PLANNING ASSOCIATES, a Sole Proprietorship (“CONSULTANT”).

R E C I T A L S
A. The City desires to update the Zoning and Subdivisions Ordinances of the Hermosa Beach Municipal Code in order to implement the goals, policies, and programs of the General Plan.

C. The Consultant 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 Consultant to perform the services as described in Exhibit A of this Agreement.

NOW, THEREFORE, based on the foregoing recitals, the City and the Consultant agree as follows:

CONSIDERATION AND COMPENSATION As partial consideration, CONSULTANT agrees to perform the work listed in the SCOPE OF SERVICES, attached as EXHIBIT A.

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

As additional consideration, CITY agrees to pay CONSULTANT a total of $257,100, for CONSULTANT’s services, unless otherwise specified by written amendment to this Agreement.

No additional compensation shall be paid for any other expenses incurred, unless first approved by the City Manager or his/her designee.

CONSULTANT shall submit to CITY, by not later than the 10th day of each month, its invoice for services itemizing the fees and costs incurred during the previous month.

CITY shall pay CONSULTANT all uncontested amounts set forth in CONSULTANT’s invoice within 30 days after it is received.

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SCOPE OF SERVICES. CONSULTANT will perform the services and activities set forth in the SCOPE OF SERVICE attached hereto as Exhibit A and incorporated herein by this reference.

PAYMENTS. For CITY to pay CONSULTANT as specified by this Agreement, CONSULTANT must submit an invoice to CITY which lists the reimbursable costs, the specific tasks performed, and, for work that includes deliverables, the percentage of the task completed during the billing period in accordance with the schedule of compensation incorporated in “Exhibit A.” TIME OF PERFORMANCE. The services of the CONSULTANT 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.

FAMILIARITY WITH WORK. By executing this Agreement, CONSULTANT represents that CONSULTANT 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.

KEY PERSONNEL. CONSULTANT’s key person assigned to perform work under this Agreement is Martha Miller. CONSULTANT shall not assign another person to be in charge of the work contemplated by this Agreement without the prior written authorization of the City.

TERM OF AGREEMENT. The term of this Agreement shall commence upon execution by both parties and shall expire on June 30, 2022, unless earlier termination occurs under Section 11 of this Agreement, or this Agreement is extended in writing in advance by both parties.

TAXPAYER IDENTIFICATION NUMBER. CONSULTANT will provide CITY with a Taxpayer Identification Number.

TERMINATION. Except as otherwise provided, CITY may terminate this Agreement at any time with or without cause. Notice of termination shall be in writing.

CONSULTANT 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 CONSULTANT shall, at CITY’s option, become CITY’s property, and DocuSign Envelope ID: C24EBC5D-2E64-4399-A7BF-608AECAD3EDF 1394
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CONSULTANT will receive just and equitable compensation for any work satisfactorily completed up to the effective date of notice of termination.

Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated.

INDEMNIFICATION. CONSULTANT shall indemnify and hold harmless CITY, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, and cost (including without limitation reimbursement of reasonable attorney’s fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with CONSULTANT's performance of work hereunder or its failure to comply with any of its obligations contained in this AGREEMENT, to the degree determined in a final and nonappealable judgment or by agreement of the parties proportionate to its liability. The CONSULTANT shall promptly pay any final judgment rendered against the CITY (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have CONSULTANT’S allocated share of liability. 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.

CONSULTANT will keep all books, records, accounts and documents pertaining to this Agreement separate from other activities unrelated to this Agreement.

CORRECTIVE MEASURES. CONSULTANT will promptly implement any corrective measures required by CITY regarding the requirements and obligations of this Agreement. CONSULTANT DocuSign Envelope ID: C24EBC5D-2E64-4399-A7BF-608AECAD3EDF 1395
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will be given a reasonable amount of time as determined by the City to implement said corrective measures. Failure of CONSULTANT to implement required corrective measures shall result in immediate termination of this Agreement.

INSURANCE REQUIREMENTS.

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

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 CONSULTANT, including materials, parts, or equipment furnished in connection with such work or operations.”
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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.

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.

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

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

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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 CONSULTANT
City of Hermosa Beach
1315 Valley Drive
Hermosa Beach, CA 90254
ATTN: Ken Robertson, Community
Development Director
Miller Planning Associates
830 Venable Street; San Luis
Obispo, CA 93405ATTN: Martha
Miller, Principal and Owner
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. CONSULTANT maintains and warrants that it has not employed nor retained any company or person, other than CONSULTANT’S bona fide employee, to solicit or secure this Agreement. Further, CONSULTANT warrants that it has not paid nor has it agreed DocuSign Envelope ID: C24EBC5D-2E64-4399-A7BF-608AECAD3EDF 1398
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to pay any company or person, other than CONSULTANT’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 CONSULTANT 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 CONSULTANT and CITY and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of CONSULTANT’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.

TIME IS OF ESSENCE. Time is of the essence to comply with dates and schedules to be provided.

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OWNERSHIP OF DOCUMENTS. It is understood and agreed that CITY shall own all documents and other work product of CONSULTANT, except the CONSULTANT’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 CONSULTANT, but any re-use of such documents by the CITY on any other project without prior written consent of the CONSULTANT shall be at the sole risk of the CITY.

DISCLOSURE REQUIRED. (CITY and CONSULTANT initials required at one of the following paragraphs)
By their respective initials next to this paragraph, CITY and CONSULTANT hereby acknowledge that CONSULTANT is a “consultant” for the purposes of the California Political Reform Act because CONSULTANT’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 CONSULTANT employed by the CITY. CONSULTANT hereby acknowledges his or her assuming-office, annual, and leavingoffice 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 CONSULTANT commencing services hereunder, the city manager shall prepare and deliver to CONSULTANT a memorandum detailing the extent of CONSULTANT’S disclosure obligations in accordance with the CITY’S Conflict of Interest Code.

CITY Initials ______
CONSULTANT Initials ______
OR
By their initials next to this paragraph, CITY and CONSULTANT hereby acknowledge that CONSULTANT is not a “consultant” for the purpose of the California Political Reform Act because CONSULTANT’S duties and responsibilities are not within the scope of the definition of CONSULTANT 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 ______
CONSULTANT Initials ______
IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written.

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CITY OF HERMOSA BEACH CONSULTANT
Suja Lowenthal, City Manager By: Martha Miller, Principal and Owner ATTEST:

Eduardo Sarmiento, City Clerk Taxpayer ID No.

APPROVED AS TO FORM:

Michael Jenkins, City Attorney
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FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF

HERMOSA BEACH AND MILLER PLANNING ASSOCIATES

THIS FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF HERMOSA BEACH AND MILLER PLANNING ASSOCIATES ("First Amendment") is made and entered into this 5th day of July 2022, by and between the City of Hermosa Beach, a municipal corporation ("City'') and MILLER PLANNING ASSOCIATES, a Sole Proprietorship (“CONSULTANT”).

RECITALS
A. On October 27, 2020, CITY entered into an agreement with CONSULTANT to update the Zoning and Subdivisions Ordinances of the Hermosa Beach Municipal Code. This agreement is set to expire on June 30, 2022.

B. The CITY and CONSULTANT now desire to amend the Agreement to extend the agreement for an additional two years to provide the remaining services. The new contract is set to expire on June 30, 2024.

NOW, THEREFORE, in consideration of the foregoing, the parties agree as follows:

1. Section 7 is amended to read as follows:

7. TERM OF AGREEMENT. The term of this Agreement shall commence upon execution by both parties and shall expire on June 30, 2024, unless earlier termination occurs under Section 11 of this Agreement, or this Agreement is extended in writing in advance by both parties.

Except as modified above, the Agreement and each and every term and provision thereof remains in full force and effect.

IN WITNESS WHEREOF, the parties hereto have executed this First Amendment on the date and year first above written.

CITY OF HERMOSA BEACH CONSULTANT
Suja Lowenthal, City Manager By: Martha Miller, Principal and Owner ATTEST:
391724525
Myra Maravilla, City Clerk Taxpayer ID No.

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SECOND AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF

HERMOSA BEACH AND MILLER PLANNING ASSOCIATES

THIS SECOND AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF HERMOSA BEACH AND MILLER PLANNING ASSOCIATES ("Second Amendment") is made and entered into this 10th day of January 2023, by and between the City of Hermosa Beach, a municipal corporation ("City'') and MILLER PLANNING ASSOCIATES, a Sole Proprietorship (“CONSULTANT”).

RECITALS
A. On October 27, 2020, CITY entered into an agreement (the “AGREEMENT”) with CONSULTANT to update the Zoning and Subdivisions Ordinances of the Hermosa Beach Municipal Code for a fixed fee of $257,100. This agreement was set to expire on June 30, 2022.

B. On July 5, 2022, the CITY executed the first amendment to the Agreement to extend the contract term for an additional two years to provide the remaining services. The new contract is set to expire on June 30, 2024.

C. The CITY and CONSULTANT now desire to amend the Agreement to expand the scope of services to include an Exhibit B consisting of a new task to perform additional technical analysis for the preparation of City’s 2021–2029 Housing Element, and to increase the contract value by $30,000 for a total not-to-exceed amount of $287,100.

NOW, THEREFORE, in consideration of the foregoing, the Agreement is amended to read as follows:

1. Section 1 is amended to read as follows:

1. CONSIDERATION AND COMPENSATION: As partial consideration, CONSULTANT agrees to perform the work listed in the SCOPES OF SERVICES, attached as EXHIBIT A and EXHIBIT B.

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

As additional consideration, CITY agrees to pay CONSULTANT a total of $287,100 for CONSULTANT’s services, unless otherwise specified by written amendment to this Agreement.

No additional compensation shall be paid for by any other expenses incurred, unless first approved by the City Manager or his/her designee.

CONSULTANT shall submit to CITY, by not later than the 10th day of each month, its invoice for services itemizing the fees and costs incurred during the previous month. CITY shall pay CONSULTANT all uncontested amounts set forth in CONSULTANT’s invoice 30 days after it is received. 1403

2. Section 2 is amended to read as follows:

2. SCOPE OF SERVICES. CONSULTANT will perform the services and activities set forth in the SCOPE OF SERVICES attached hereto as Exhibit A and Exhibit B and incorporated herein by this reference.

Except as modified above, the Agreement and each and every term and provision thereof remains in full force and effect.

IN WITNESS WHEREOF, the parties hereto have executed this First Amendment on the date and year first above written.

CITY OF HERMOSA BEACH CONSULTANT
Raymond A. Jackson, Mayor By: Martha Miller, Principal and Owner ATTEST:

Myra Maravilla, City Clerk Taxpayer ID No.
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MEMO
To: Corrie Kates, City of Hermosa Beach
From: Martha Miller, Miller Planning Associates
Date: December 19, 2022
Subject: Contract Amendment #2 -Zoning and Subdivision Ordinance Updates The City of Hermosa Beach adopted PLAN Hermosa, the City’s General Plan, in 2017. The PLAN Hermosa EIR evaluated a buildout scenario of 300 additional housing units and 900 employees (630,400 sq. ft. of commercial development) through 2035, based on regional projections. The Regional Housing Needs Assessment (RHNA) for Hermosa Beach calls for 558 dwelling units—a net increase of 258 dwelling units over what was evaluated in the EIR. Although not a substantial number of units in terms of volume or as a percentage of the City’s total housing stock, the RHNA represents an 86% increase in potential dwelling units over what was analyzed in the EIR, within a shorter time frame (2021-2029).

The California Department of Housing and Community Development (HCD) has provided preliminary comments on the City’s Draft 6th Cycle Housing Element. To respond to HCD comments and to meet the RHNA, the City is considering additional Housing Element programs that would modify zoning use allowances and increased density to allow for multifamily and mixed-use development in existing commercial districts. Notably, AB2011 and SB6, which go into effect in 2023, will allow certain types of affordable and mixed-income housing projects to locate on commercial sites and on commercial corridors—even if residential is not an allowed use. Based on both HCD’s comments and this impending change in State law, it is worthwhile for the City to consider its policy and vision for its commercial districts.

This memo presents a request for Contract Amendment #2 to the Zoning and Subdivision Ordinance Update project in response to the City’s request for additional services to work with City staff and the Housing Element update team to identify additional opportunities to accommodate housing to meet the RHNA and incorporate them into the Zoning Ordinance update effort and to evaluate the additional Housing Element programs consistent with the California Environmental Quality Act (CEQA). Jean Eisberg of Lexington Planning would be added as a subconsultant on the project to assist with the additional services.

The scope of work assumes the following:
 The City of Hermosa Beach will identify Housing Element programs that could have a physical impact on the environmental under CEQA and therefore require evaluation in the CEQA document.
 The City of Hermosa Beach will retain Fehr & Peers, the PLAN Hermosa EIR traffic consultant, or another transportation consultant, to evaluate the potential impacts of the Housing Element on vehicle miles traveled (VMT). Our consultant team would provide the transportation consultant with the potential change in buildout (e.g., increase in units and decrease in commercial floor 1405
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area) to calculate the potential impact of the Housing Element compared to what was evaluated in the PLAN Hermosa EIR.
 The scope of work assumes that the increase in potential dwelling units and reduction in commercial development would result in a reduction or negligible change in VMT. If the traffic analysis shows a substantive increase in VMT, we will confer with the City about potential changes in the CEQA approach, including the scope of work and budget outlined below.

Scope of Work
Task 9 Housing Element Update Support

9.A Project Management and Housing Program Strategy
Miller Planning Associates and Lexington Planning will provide project management and housing program strategy activities, including coordination with the City and HE team to identify issues and options for identifying additional areas to accommodate additional housing and accomplishing the appropriate CEQA analysis. Conceptually, options to explore for accommodating more housing include:
 Allow residential development on upper stories on parcels in the DT District  Allow residential development on upper stories in the 'commercial corridors'. There are a number of options for this, from allowing residential on upper stories in all areas zoned GC, SC, or CC to allowing it in some of those districts and/or limiting it to parcels fronting PCH or Aviation  Allow residential-only development (ie. ground floor residential) on 'large' parcels in the 'commercial corridors'. There are a number of options for this, from allowing residential-only development on all 'large' (i.e. adequately sized parcels that provide flexibility so that density may be accommodated with a 35 foot height limit) parcels in the GC, SC, or CC district to limiting it to certain districts or other criteria.

The above options will be explored with City Staff and the Housing Element Update team to determine what is appropriate for the City and which options/approaches accommodate enough housing to meet the RHNA and in light of AB2011 and SB6. This scope of work assumes the technical analysis of how much housing is needed and where it can be accommodated will be conducted by the City and/or the Housing Element Update team.

9.B Study Sessions
Miller Planning Associates will conduct up to four Study Sessions with decisionmakers as key stages during the process to provide opportunities for input on choices being considered. Anticipated study sessions are as follows:
 Study Session #1 – HCD Comments/HE Needs. Participation in a study session led by the Housing Element Update team to inform decisionmakers of the nature of HCD Comments on the Draft Housing Element and the actions needed to respond to the comments.  Study Session #2 - Issues and Options. A study session presenting issues and options for identifying additional areas to accommodate housing. We also assume staff and/or Veronica Tam's group would assist with developing and analyzing viable options  Study Sessions #3 and #4 - Proposed Housing Allowances. Up to two study sessions to review programs for increased housing allowances to be incorporated into the comprehensive Zoning Ordinance update.
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9.C Incorporation into Zoning Ordinance Update
Based on the input received through the decisionmaker study sessions, incorporate additional housing allowances into the Draft Comprehensive Zoning Ordinance Update.

9.D Addendum to the PLAN Hermosa EIR
Lexington Planning will evaluate each of the topic areas analyzed in the 2017 PLAN Hermosa EIR to determine whether the project could result in adverse impacts not previously analyzed in the EIR. The scope of work anticipates that an Addendum to the PLAN Hermosa EIR will be the appropriate level of CEQA review to evaluate Housing Element programs that call for zoning changes to increase densities and expand uses.

This scope of work assumes that an updated transportation study will be available, as noted in the assumptions above, and that the technical studies completed for the PLAN Hermosa General Plan EIR will be used as a basis for analysis of each topic area. No additional technical studies are included as part of this scope of work. If at any time the need for a Supplemental EIR or additional technical studies are warranted, consultants will notify the City to discuss modifying the scope of work and budget. The scope of work assumes preparation of two administrative drafts and one public review draft.

The Addendum is not required to be circulated for public review but would be included with public hearing documents when the regulations undergo review by decision makers. The Addendum would be considered, along with the previous EIR, before decision-makers consider adopting the Housing Element.

Budget
Hermosa Beach, CA
Zoning and Subdivision Ordinance Update
Contract Amendment #2
TASK 9
Housing Element Update Support
Miller Planning Associates
Principal Hours 60
$185 Cost $11,100
Lexington Planning
Principal Hours 105
$180 Cost $18,900
TOTAL
Hours 165
Cost $30,000
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STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

DIVISION OF HOUSING POLICY DEVELOPMENT
2020 W. El Camino Avenue, Suite 500
Sacramento, CA 95833
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
March 23, 2022
Suja Lowenthal, City Manager
City of Hermosa Beach
1315 Valley Drive
Hermosa Beach, CA 90254
Dear Suja Lowenthal:

RE: City of Hermosa Beach’s 6th Cycle (2021-2029) Adopted Housing Element Thank you for submitting the City of Hermosa Beach’s (City) housing element adopted December 21, 2021 and received for review on December 22, 2021. Pursuant to Government Code section 65585, subdivision (h), the California Department of Housing and Community Development (HCD) is reporting the results of its review. Our review was facilitated by a conversation on March 14, 2022 with Ken Robertson, Christy Teague, and Carlos Luis.

The adopted housing element addresses some statutory requirements described in HCD’s October 4, 2021 review; however, additional revisions are necessary to fully comply with State Housing Element Law (Article 10.6 of the Gov. Code). The enclosed Appendix describes the revisions needed to comply with State Housing Element Law.

As a reminder, the City’s 6th cycle housing element was due October 15, 2021. As of today, the City has not completed the housing element process for the 6th cycle. The City’s 5th cycle housing element no longer satisfies statutory requirements. HCD encourages the City to revise the element as described above, adopt, and submit to HCD to regain housing element compliance.

For your information, pursuant to Assembly Bill 1398 (Chapter 358, Statutes of 2021), if a local government fails to adopt a compliant housing element within 120 days of the statutory deadline (October 15, 2021), then any rezoning to accommodate the regional housing needs allocation (RHNA), including for lower-income households, shall be completed no later than one year from the statutory deadline. Otherwise, the local government’s housing element will no longer comply with State Housing Element Law, and HCD may revoke its finding of substantial compliance pursuant to Government Code section 65585, subdivision (i).

Several federal, state, and regional funding programs consider housing element compliance as an eligibility or ranking criteria. For example, the CalTrans Senate Bill 1408
Suja Lowenthal, City Manager

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(SB) 1 Sustainable Communities grant; the Strategic Growth Council and HCD’s Affordable Housing and Sustainable Communities programs; and HCD’s Permanent Local Housing Allocation consider housing element compliance and/or annual reporting requirements pursuant to Government Code section 65400. With a compliant housing element, the City will meet housing element requirements for these and other funding sources.

For your information, some general plan element updates are triggered by housing element adoption. HCD reminds the City to consider timing provisions and welcomes the opportunity to provide assistance. For information, please see the Technical Advisories issued by the Governor’s Office of Planning and Research at:
http://opr.ca.gov/docs/OPR_Appendix_C_final.pdf and
http://opr.ca.gov/docs/Final_6.26.15.pdf.

HCD is committed to assisting the City in addressing all statutory requirements of State Housing Element Law. If you have any questions or need additional technical assistance, please contact Molivann Phlong, of our staff, at [email protected].

Sincerely,
Paul McDougall
Senior Program Manager
Enclosure
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City of Hermosa Beach’s 6th Cycle Adopted Housing Element Update Page 1 March 23, 2022

APPENDIX

CITY OF HERMOSA BEACH
The following changes are necessary to bring the City’s housing element into compliance with Article 10.6 of the Government Code. Accompanying each recommended change, we cite the supporting section of the Government Code.

Housing element technical assistance information is available on HCD’s website at http://www.hcd.ca.gov/community-development/housing-element/housing-elementmemos.shtml. Among other resources, the housing element section contains HCD’s latest technical assistance tool, Building Blocks for Effective Housing Elements (Building Blocks), available at http://www.hcd.ca.gov/community-development/building-blocks/index.shtml and includes the Government Code addressing State Housing Element Law and other resources.

A. Review and Revision
Review the previous element to evaluate the appropriateness, effectiveness, and progress in implementation, and reflect the results of this review in the revised element. (Gov. Code, § 65588 (a) and (b).)
The revised element provides (p. A-2) general information on the previous element’s programs. However, this information does not provide further analysis other than implementation status of programs. A thorough program-by-program review is necessary to evaluate City's performance in addressing housing goals. As stated in the previous review, as part of this analysis, the element should describe the actual results of the prior element’s programs with any metrics and numerical accomplishments, compare those results to the objectives projected or planned, and based on an evaluation of any differences between what was planned versus achieved, provide a description of how the objectives and programs of the updated element incorporate changes resulting from the evaluation for programs that are incorporated into the current cycle programs.

In addition, as part of the review of programs in the past cycle, the element must provide an evaluation of the effectiveness of goals, policies, and related actions in meeting the housing needs of special needs populations (e.g., elderly, persons with disabilities, large households, female-headed households, farmworkers, and persons experiencing homelessness).

B. Housing Needs, Resources, and Constraints

1. Affirmatively further[ing] fair housing in accordance with Chapter 15 (commencing with Section 8899.50) of Division 1 of Title 2…shall include an assessment of fair housing in the jurisdiction (Gov. Code, § 65583, subd. (c)(10)(A)) Fair Housing Enforcement and Outreach: The revised element includes (p. III-16) general information on fair housing enforcement and outreach and states that the City 1410
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held a series of public hearings for the element. However, the element did not address this finding. The element must provide further analysis and describe ongoing fair housing outreach throughout the planning period or include a program. Outreach should include more robust actions in addition to housing flyers on the City’s website. Please refer to HCD’s October 4, 2021 review for more information.

Integration and Segregation: The element was not revised to address this finding. The element should describe the population including factors behind the block groups with the highest percentage of nonwhite residents located in the southern and eastern portions of the City, and analyze whether this area overlaps with other areas of the analysis. This analysis must include both local and regional data and analyze segregation and integration based on race and ethnicity, income, familial status and persons with disabilities. Please see HCD’s October 4, 2021 review for more information.

Disparities in Access to Opportunity: The element was not revised to address this finding. Please see HCD’s October 4, 2021 review for more information.

Disproportionate Housing Needs and Displacement: While this section of the element was revised (p. III-18), additional information and analysis is needed to comply. The element must include both local (comparing areas within the City) and regional (comparing the City to the region) data to analyze cost burden by tenure, overcrowding by tenure, substandard housing, homelessness, and displacement throughout the community. The element must also analyze factors of displacement in addition to at-risk properties, such as displacement due to investment, disinvestment and disaster. The analysis must also address trends, patterns, and other local knowledge and conclude with a summary of fair housing issues.

Contributing Factors: The revised element utilizes (p. III-19) the 2018 Analysis of Impediments to Fair Housing Choice (AI) for the County of Los Angeles as the list of contributing factors to fair housing issues. However, the contributing factors are regional and many do not pertain to the fair housing analysis of the City (such as addressing R/ECAPs within the City). The element should include a prioritized list of contributing factors and analyze the factors specific to the City that create, contribute to, perpetuate, or increase the severity of fair housing issues. Contributing factors are fundamental to adequate goals and actions. The analysis should result in strategic approaches to inform and connect goals and actions to mitigate contributing factors to affordable housing.

Sites Inventory Affirmatively Furthering Fair Housing (AFFH) Analysis: While the element was revised to state that the sites inventory includes underutilized sites that do not contribute to displacement risk (p. III-18), additional data and analysis is needed.

The element must include an analysis that addresses how the sites inventory AFFH.

Sites must be identified and evaluated relative to the full scope of the AFFH (e.g. segregation and integration, racially and ethnically concentrated areas of poverty and affluence, access to opportunity, etc.). The site inventory and accompanying analysis must identify and analyze selected sites, map the location of the sites including 1411
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affordability level, and evaluate sites relative to socio-economic patterns. The analysis should incorporate the City’s projected housing development at all income levels and assess the extent to which that development will either further entrench or ameliorate existing patterns of segregation and/or exclusion of members of protected categories.

AFFH Goals, Policies, and Actions: The element was not revised to address this finding.

Goals and actions must significantly seek to overcome contributing factors to fair housing issues. Furthermore, the element must include metrics and milestones for evaluating progress on programs, actions, and fair housing results. Please see HCD’s October 4, 2021 review letter for more information.

2. An inventory of land suitable and available for residential development, including vacant sites and sites having realistic and demonstrated potential for redevelopment during the planning period to meet the locality’s housing need for a designated income level, and an analysis of the relationship of zoning and public facilities and services to these sites. (Gov. Code, § 65583, subd. (a)(3).)
The City has a regional housing needs allocation (RHNA) of 558 housing units, of which 359 are for lower-income households. To address this need, the element mainly relies on rezoning sites and accessory dwelling units (ADUs) to meet the City’s housing needs. To demonstrate the adequacy of these sites and strategies to accommodate the City’s RHNA, the element must include complete analyses.

Sites Inventory: Tables B-3 and B-4 (p. B-4) included additional information of the existing uses. However, this is not adequate or sufficiently detailed to demonstrate the potential for redevelopment in the planning period. The description of existing uses should be sufficiently detailed to facilitate an analysis demonstrating the potential for additional development in the planning period (e.g. are commercial buildings vacant or leased, the status of residential units and utility switching stations, etc.). In addition, Table B-1 states that the City will be rezoning candidate sites to accommodate a shortfall of 446 units, including shortfall of 56 above moderate units. However, Table B4 (Candidate Sites for Rezoning) does not identify any sites to accommodate the above moderate RHNA allocation. The element must indicate how the City will identify sufficient capacity to accommodate the shortfall.

For nonvacant sites with existing, vacated, or demolished residential uses and occupied by, or subject to an affordability requirement for, lower-income households within the last five years there must be a replacement housing program for units affordable to lower-income households (Gov. Code, § 65583.2, subd. (g)(3)). Absent a replacement housing program, these sites are not adequate sites to accommodate lower-income households. The replacement housing program has the same requirements as set forth in Government Code section. 65915, subdivision (c)(3). The housing element must be revised to include such analysis and a program, if necessary.

Small Sites: The revised Table B-4 (p. B-5) lists small sites for lower income units.

However, the element was not revised to address this finding. The element must demonstrate the adequacy of small sites to accommodate the lower income RHNA 1412
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including examples of lot consolidation and demonstrate that small sites in the rezone will accommodate 16 units per site. Please see HCD’s October 4, 2021 review letter for more information on how to address the finding.

Realistic Capacity: The element continues to not support the capacity assumptions assumed in the element. The element states (p. B-2) that there are no recent examples of large-scale housing or mixed-use development in the City to support the assumptions of buildout for sites included in the inventory. The element can analyze examples of large- and small-scale development throughout the City and in neighboring jurisdictions with typical densities of existing or approved residential developments at a similar affordability level. In addition, the element states that due to high land values, developers are likely to maximize yields on these properties. The element must provide further support for these assumptions. For example, the element should demonstrate what specific trends, factors, and other evidence led to the assumptions, such as developers maximizing yields on the properties. While the element assumes 100 percent development capacity of each site, the estimated number of units for each site must be adjusted as necessary, based on the land use controls and site improvements, and typical densities of existing or approved residential developments at a similar affordability level in that jurisdiction or regionally.

The element must also analyze the likelihood that the identified units will be developed as noted in the inventory in zones that allow 100 percent nonresidential uses (e.g., mixed-use) and on underutilized nonresidential sites. If sites are rezoned to mixed-use, consider competing uses, the extent nonresidential uses are allowed, and environmental constraints limiting the usage. Also, there should be analysis on typical densities of existing or approved residential developments at a similar affordability level in that jurisdiction or regionally. This analysis should consider the likelihood of 100 percent nonresidential development, performance standards, and development trends supporting residential development.

Suitability of Nonvacant Sites: While the element was revised to include a recent development of multifamily units developed in neighboring Redondo Beach on an existing commercial site as a comparable example for potential development within the City, this example alone does not demonstrate the potential for redevelopment and demonstrate the extent existing uses constitute an impediment to additional residential development. As stated in the previous review, the analysis shall consider factors including, but not limited to, the, recent developments, development trends, market conditions, the City’s past experience converting existing uses to higher density residential development, analysis of existing leases or other contracts that would perpetuate the existing use or prevent additional residential development, and incentives or standards that encourage development. For example, the element could consider indicators such as age and condition of the existing structure, presence of expiring leases, expressed developer interest, low improvement to land value ratio, and other factors. Absent local development trends, the element can include trends from neighboring cities. However, those the element should indicate how those examples relate to characteristics of the sites in the inventory. 1413
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In addition, specific analysis and actions are necessary if the housing element relies upon nonvacant sites to accommodate more than 50 percent of the RHNA for lowerincome households. For your information, the housing element must demonstrate existing uses are not an impediment to additional residential development and will likely discontinue in the planning period. (Gov. Code, § 65583.2, subd. (g)(2).) Absent findings (e.g., adoption resolution) based on substantial evidence, the existing uses will be presumed to impede additional residential development and will not be utilized toward demonstrating adequate sites to accommodate the RHNA.

Accessory Dwelling Units: The revised element assumes (p. B-2) a build out of 104 ADUs in the planning period. It is not clear if this production level will be achievable in the planning period. As a result, the element should be updated to include a realistic estimate of the potential for ADUs and include policies and programs that incentivize the production of ADUs. Specifically, in addition to other methods, HCD accepts the use of trends in ADU construction since January 2018 to estimate new production. Based on HCD’s records of past production between 2018 to 2020, the City is averaging one unit per year. To support assumptions for ADUs in the planning period, the element could reduce the number of ADUs assumed per year or reconcile trends with HCD records, including additional information such as more recent permitted units and inquiries, resources and incentives, other relevant factors and modify policies and programs as appropriate.

Depending on the analysis, the element must commit to monitor ADU production throughout the course of the planning period and implement additional actions if not meeting target numbers anticipated in the housing element. In addition to monitoring production, this program should also monitor affordability. Additional actions, if necessary, should be taken in a timely manner (e.g., within 6 months). If necessary, the degree of additional actions should be in stride with the degree of the gap in production and affordability. For example, if actual production and affordability of ADUs is far from anticipated trends, then rezoning or something similar would be an appropriate action. If actual production and affordability is near anticipated trends, then measures like outreach and marketing might be more appropriate.

Infrastructure: While the element was revised to include information on dry utilities, it must demonstrate sufficient existing or planned water and sewer supply capacity to accommodate the City’s regional housing need for the planning period. (Gov. Code, § 65583.2, subd. (b).)
Zoning for a Variety of Housing Types (Transitional and Supportive Housing): The revised element includes (p. III-6) a statement that current City definitions for transitional and supportive housing are in compliance with this requirement. However, a cursory review of the City’s residential zoning code found limitations on the uses to just six or fewer residents. Transitional housing and supportive housing must be permitted as a residential use in all zones allowing residential uses and only subject to those restrictions that apply to other residential dwellings of the same type in the same zone. (Gov. Code, § 65583, subd. (a)(5).) The element must describe and analyze the City’s transitional and supportive housing standards and codes and demonstrate consistency 1414
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with Government Code section 65583, subdivision (a)(5) or add or revise programs which comply with the statutory requirements.

3. An analysis of potential and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the types of housing identified in paragraph (1) of subdivision (c), and for persons with disabilities as identified in the analysis pursuant to paragraph (7), including land use controls, building codes and their enforcement, site improvements, fees and other exactions required of developers, and local processing and permit procedures… (Gov. Code, § 65583, subd. (a)(5).)
Local Processing and Permit Procedures: The element was not revised to address the analysis of the Precise Development Plan (PDP). While the element includes Program 11 to evaluate processing and permit procedures’ impacts, an analysis must be completed to formulate an appropriate program to address identified constraints. For example, while the element provides a description (p. III-3) of the PDP required for housing developments, it must also analyze the PDP process, identify what is reviewed, list typical findings and approval procedures by zone and housing type. The analysis must evaluate the processing and permit procedures’ impacts as potential constraints on housing supply and affordability and should consider processing and approval procedures and time for typical single family and multifamily developments, including type of permit, level of review, approval findings and any discretionary approval procedures.

The revised element also includes a description of the City (p. III-11) within the Coastal Zone. However, the element should include an analysis of whether the City coastal preservation policies will potentially impact future or existing housing development within the designated coastal zone of the City especially for sites that require rezoning identified in Table B4. The element should also state when the City will receive approval for the Local Coastal Plan.

Constraints on Housing for Persons with Disabilities: The revised element states (p. III11) that residential care facilities serving six or fewer persons are permitted in all residential zones and that large residential care facilities are conditionally permitted in most residential zones. However, residential care facilities serving seven or more persons are limited to the same zones with the approval of a conditional use permit.

While the element states it will consider changing the review process, it must commit to revising the requirements to remove constraints on persons with disabilities and add or modify programs as appropriate to ensure zoning permits group homes objectively with approval certainty.

In addition, while the element describes the City’s reasonable accommodation process, it should evaluate impacts, including identifying and analyzing findings of approval. For example, Section (4)(b) of the City’s Reasonable Accommodation (p. III-5) is a constraint to the provision of housing for persons with disabilities and the element must include a program to revise the reasonable accommodation procedure and specifically remove identified constraints.
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4. An analysis of potential and actual nongovernmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the availability of financing, the price of land, the cost of construction, the requests to develop housing at densities below those anticipated in the analysis required by subdivision (c) of Government Code section 65583.2, and the length of time between receiving approval for a housing development and submittal of an application for building permits for that housing development that hinder the construction of a locality’s share of the regional housing need in accordance with Government Code section 65584. The analysis shall also demonstrate local efforts to remove nongovernmental constraints that create a gap between the locality’s planning for the development of housing for all income levels and the construction of that housing. (Gov. Code, § 65583, subd. (a)(6).) The element was not revised to address this requirement. Please see HCD’s October 4, 2021 review letter for more information on how to address the finding. In addition, the element states (p. III-13) that the timeline of development projects from project approval to building permit application can vary from project to project. However, the element must include an estimate of the typical length of time between receiving approval for a housing development and the submittal of an application for building permits that potentially hinder the construction of a locality’s share of the regional housing need. The element should also include an analysis of requests to develop housing at densities below those anticipated, including sites listed in the inventory. The element must also include a description of any program(s) that mitigate nongovernmental constraints that create a gap in the jurisdictions ability to meet RHNA by income category.

5. Analyze any special housing needs such as elderly; persons with disabilities, including a developmental disability; large families; farmworkers; families with female heads of households; and families and persons in need of emergency shelter. (Gov. Code, § 65583, subd. (a)(7).)
The element was not revised to address this finding. Please see HCD’s October 4, 2021 review for more information.

C. Housing Programs

1. Include a program which sets forth a schedule of actions during the planning period, each with a timeline for implementation, which may recognize that certain programs are ongoing, such that there will be beneficial impacts of the programs within the planning period, that the local government is undertaking or intends to undertake to implement the policies and achieve the goals and objectives of the housing element through the administration of land use and development controls, the provision of regulatory concessions and incentives, and the utilization of appropriate federal and state financing and subsidy programs when available. The program shall include an identification of the agencies and officials responsible for the implementation of the various actions. (Gov.

Code, § 65583, subd. (c).)
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To address the program requirements of Government Code section 65583, subdivision (c)(1-6), and to facilitate implementation, programs should include: (1) a description of the City’s specific role in implementation; (2) definitive implementation timelines; (3) objectives, quantified where appropriate; and (4) identification of responsible agencies and officials. Programs to be revised include the following:
• Program 4 (Affordable Housing Development Outreach and Assistance): Provide an implementation timeline (e.g., month and year) for incentives in addition to the timeframe that was included to provide information to affordable housing developers.
• Program 7 (Land Value Recapture): While the element included a date of the feasibility study, it must also provide an implementation timeline (e.g., month and year) to implement the results of the study.
• Program 8 (Housing Trust Funds): Provide a definitive implementation action and timeline (e.g., month and year) beyond investigating Housing Trust Funds. • Program 11 (Streamline Housing Permit Processing): The Program must include specific implementation timelines to comply with SB 35.

2. Identify actions that will be taken to make sites available during the planning period with appropriate zoning and development standards and with services and facilities to accommodate that portion of the city’s or county’s share of the regional housing need for each income level that could not be accommodated on sites identified in the inventory completed pursuant to paragraph (3) of subdivision (a) without rezoning, and to comply with the requirements of Government Code section 65584.09. Sites shall be identified as needed to facilitate and encourage the development of a variety of types of housing for all income levels, including multifamily rental housing, factory-built housing, mobilehomes, housing for agricultural employees, supportive housing, single-room occupancy units, emergency shelters, and transitional housing. (Gov. Code, § 65583, subd. (c)(1).)
As noted in Finding B3, the element does not include a complete site analysis. Based on the results of a complete sites inventory and analysis, the City may need to add or revise programs to address a shortfall of sites or zoning available to encourage a variety of housing types. In addition, the element should be revised, as follows; • Program 5 (Facilitate Efficient Use of Sites that Allow High-Density Residential Development) should be strengthened to incentivize development of affordable units on small sites under 0.5 acres as the City relies on small sites to accommodate part of the lower income RHNA.
• Program 9 (Adequate Sites to Accommodate Housing Needs) identifies the rezoning necessary to accommodate the lower income RHNA. However, the program should be revised to also identify the number of acres specifically to be rezoned and identify the proposed zones for the rezoned sites. In addition, the program must identify and rezone to meet moderate and above moderate RHNA. 1417
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3. Address and, where appropriate and legally possible, remove governmental and nongovernmental constraints to the maintenance, improvement, and development of housing, including housing for all income levels and housing for persons with disabilities. The program shall remove constraints to, and provide reasonable accommodations for housing designed for, intended for occupancy by, or with supportive services for, persons with disabilities. (Gov. Code, § 65583, subd. (c)(3).) As noted in Findings B4 and B5, the element requires a complete analysis of potential governmental and nongovernmental constraints. Depending upon the results of that analysis, the City may need to revise or add programs and address and remove or mitigate any identified constraints. In addition, the element should be revised, as follows:
• Program 10 (Housing for Persons with Special Needs) should be revised from “will be reviewed” and “may” to objective, specific actions that the City will take during the planning period to create a meaningful program. • Parking Requirements: While the revised element states (p. III-7) that the City will reevaluate the appropriateness of the City’s parking requirements based on current conditions as part of the comprehensive Zoning Ordinance update, it must include a program with implementation actions to address or remove any identified constraints.

4. Promote AFFH opportunities and promote housing throughout the community or communities for all persons regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, or disability, and other characteristics protected by the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2), Section 65008, and any other state and federal fair housing and planning law. (Gov. Code, § 65583, subd. (c)(5).) The element was not revised to address this finding. Programs need to be based on identified contributing factors from localized AFFH analysis, include metrics and milestones, and be significant and meaningful. Please see HCD’s October 4, 2021 review letter for more information.

5. Develop a plan that incentivizes and promotes the creation of accessory dwelling units that can be offered at affordable rent, as defined in Section 50053 of the Health and Safety Code, for very low, low-, or moderate-income households. For purposes of this paragraph, “accessory dwelling units” has the same meaning as “accessory dwelling unit” as defined in paragraph (4) of subdivision (i) of Section 65852.2. (Gov. Code, § 65583, subd. (c)(7).)
The element’s ADU program (Program 6) should commit to additional incentives and strategies, frequent monitoring (every other year) of ADU production and affordability and specific commitment to adopt alternative measures such as rezoning or amending the element within a specific time (e.g., 6 months) if ADU assumptions for the number of units and affordability are not met.
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D. Public Participation
Local governments shall make a diligent effort to achieve public participation of all economic segments of the community in the development of the housing element, and the element shall describe this effort. (Gov. Code, § 65583, subd.(c)(8).) The element was revised to include a general summary of stakeholders outreach as part of the element update. However, these revisions are insufficient in demonstrating that all economic segments of the community, particularly low-and moderate-income households and organizations that represent them, were involved in the development of the housing element. In addition, the element did not include a summary of public comments and describe how they were considered and incorporated into the element. For additional information, see the Building Blocks at http://www.hcd.ca.gov/communitydevelopment/building-blocks/getting-started/public-participation.shtml. 1419
City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
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, 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 File #: REPORT 22-0713, Version: 1
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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, 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.

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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, 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 City of Hermosa Beach Page 3 of 6 Printed on 11/28/2022 powered by Legistar™1422
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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 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 City of Hermosa Beach Page 4 of 6 Printed on 11/28/2022 powered by Legistar™1423
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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 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 of Hermosa Beach Page 5 of 6 Printed on 11/28/2022 powered by Legistar™1424
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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
Approved: Suja Lowenthal, City Manager
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City Council Hybrid Meeting (Closed Session - 5:00 PM and Open Session - 6:00 PM) 01-10-23 17:00
Agenda Name Comments Support Oppose Neutral
b) REPORT 23-0008 APPROVAL OF SECOND AMENDMENT TO AN

AGREEMENT WITH MILLER PLANNING ASSOCIATES
TO PREPARE THE UPDATE TO THE SUBDIVISION ("TITLE 16")
AND ZONING ("TITLE 17") ORDINANCES OF THE

HERMOSA BEACH MUNICIPAL CODE
(Interim Community Development Director Corrie Kates)
1 1 0 0
Sentiments for All Agenda Items
The following graphs display sentiments for comments that have location data. Only locations of users who have commented will be shown.

Overall Sentiment
Agenda Item: eComments for b) REPORT 23-0008 APPROVAL OF SECOND AMENDMENT TO AN

AGREEMENT WITH MILLER PLANNING ASSOCIATES
TO PREPARE THE UPDATE TO THE SUBDIVISION ("TITLE 16")
AND ZONING ("TITLE 17") ORDINANCES OF THE

HERMOSA BEACH MUNICIPAL CODE
(Interim Community Development Director Corrie Kates)
Overall Sentiment
Laura Pena
Location: 90254
Submitted At: 2:02pm 01-10-23
Dear Mayor, Council Members, and Staff,
I am submitting my written comments to your attention in hopes they will be addressed. As a member of our city’s Economic Development Advisory Stakeholder Group for the past two years I welcome Martha Miller's expertise in working with our Housing Element update team to identify additional opportunities to accommodate housing to meet our RHNA and incorporate them into our Zoning Ordinance update efforts. As part of my role in our 1426
Advisory Group, I’ve been actively engaging with commercial property owners in our city to help facilitate one of our first year Economic Development priorities of meeting with city leadership four times a year. It would be helpful if you could address how economic development intersects with housing production in cities because I believe we can do both at the same time. If the scope of the work could include in section 9.B Study Sessions a meeting/s with commercial property owners so stakeholders could provide their expertise, and/or recommendations that could address issues not seen. In addition, in Section 9.D., I recommend the Addendum should be circulated for public review to improve communication not just before the Public Hearing so it would give our community an opportunity to digest all the information. Finally, I hope all of you have had a chance to review my written comments submitted to the December 5th Special Planning Meeting as they address additional questions related to this topic.

As always, I appreciate your thoughtful consideration.

Laura Pena
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City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
REPORT 23-0023
Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of January 10, 2023

PLANNING COMMISSION-VACANCY
FOR THE UNEXPIRED TERM ENDING JUNE 30, 2023
(City Clerk Myra Maravilla)
Recommended Action:

Staff recommends City Council:

1. Direct staff to immediately advertise and request applications from interested parties for one Planning Commission Member for the unexpired term ending June 30, 2023; and

2. Schedule the presentation of applicants and applicant interviews for Tuesday, February 28, 2023 with the option to make an appointment at the regular City Council meeting on the same date.

Executive Summary:

Upon election to City Council during the November 8, 2022 General Municipal Election, incumbent Planning Commission Member and newly seated Councilmember, Rob Saemann, vacated his unexpired Planning Commission term. Staff requests Council direction to begin the application process to fill the position for the remainder of the term ending June 30, 2023.

Background:

In accordance with Hermosa Beach Municipal Code Chapter 2.32, the Planning Commission shall consist of five members appointed by the City Council. Members of the Planning Commission shall be qualified electors of the City, and a vacancy outside of the expiration date should be filled by the City Council for the unexpired portion of the term, June 30, 2023.

Key duties of the Planning Commission are to maintain and enhance the environment of the community, which entails advance or long-range planning (updating of the General Plan and specific elements), current planning (short-range projects), and land use controls (administering to the code and review of all subdivisions and zoning petitions). The Commission serves as an advisory board to the City Council on all matters pertaining to zoning, conditional use permit process, and more.

The Public Works Commission meets regularly in the Council Chambers at 6:00 p.m. on the third Tuesday of each month.

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Staff Report
REPORT 23-0023
At its special meeting of December 12, 2022, Councilmember Saemann was sworn into his City Council seat, thereby vacating his previous seat on the Planning Commission.

Past Council Actions
Meeting Date Description
December 12, 2022 Councilmember Saemann was sworn into his City Council seat, thereby vacating his previous seat on the Planning Commission.

Discussion:

Following established procedures, staff requests City Council direction to advertise for one Planning Commission member position set to expire on June 30, 2023. If so directed, the City Clerk would prepare a notice for physical posting and publication in the Easy Reader on January 19, 2023.

Based on the advertising date, staff would set an application filing deadline of 6:00 p.m. on Friday, February 10, 2023. Applications from interested parties would be presented for Council to conduct interviews at 4:00 p.m., before the regular meeting of Tuesday, February 28, 2023. Appointments can be made by the City Council at the same February 28, 2023 meeting. A new appointment to the Planning Commission would be for the remainder of the unexpired term ending June 30, 2023.

Although the City Clerk has not yet advertised for the vacancy on the Planning Commission, one application was received from Jonathan Wicks (Attachment 1).

General Plan Consistency:

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

Governance Element
Goal 1. A high degree of transparency and integrity in the decision-making process.

Policies:
· 1.1 Open meetings. Maintain the community’s trust by holding meetings in which decisions are being made, that are open and available for all community members to attend, participate, or view remotely.
· 1.4 Consensus oriented. Strive to utilize a consensus-oriented decision-making process. · 1.7 Diversity of representation. Strive to reflect a comprehensive cross-section of the community in appointments to Commission and Advisory Committees.

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Staff Report
REPORT 23-0023
Goal 2. The community is active and engaged in decision-making process.

Policies:
· 2.3 Public participation guidelines. Establish parameters and guidelines to ensure public participation is promoted through diverse methods.
· 2.6 Responsive to community needs. Continue to be responsive to community inquiries, providing public information and recording feedback from community interactions.

Fiscal Impact:

The estimated cost of one publication in the Easy Reader would be $200. Funds are available in the City Clerk’s Fiscal Year 2022-23 Budget.

Attachments:

1. Jonathan Wicks Application

2. Link to December 12, 2022 City Council Agenda
Respectfully Submitted by: Myra Maravilla, City Clerk
Concur: Corrie Kates, Interim Community Development Director Approved: Suja Lowenthal, City Manager
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City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
23-0027
Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of January 10, 2023

TENTATIVE FUTURE AGENDA ITEMS
Attached is the current list of tentative future agenda items for Council’s information.

Attachments:

Tentative Future Agenda Items
City of Hermosa Beach Page 1 of 1 Printed on 1/11/2023
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January 5, 2023
Honorable Mayor and Members Special Meeting of
of the Hermosa Beach City Council January 10, 2023

TENTATIVE FUTURE AGENDA ITEMS
JANUARY 24, 2023 @ 5:00 PM

INITIAL
DATE CLOSED SESSION: Litigation Update
JANUARY 24, 2023 @ 6:00 PM

PRESENTATIONS

INTRODUCTION OF POLICE OFFICERS

NICOLAS DIENOVA, FABIAN REYES, IVAN REYES, AND RICKY JULIEN

RECOGNIZING RICHARD TAYLOR FOR HIS LIFE SAVING EFFORTS

SOUTHERN CALIFORNIA EDISON RELIABILITY REPORT
PROCLAMATION DECLARING FEBRUARY 2023 AS BLACK HISTORY MONTH

CITY MANAGER REPORTS
Police Chief Update

CITY COUNCILMEMBER COMMENTS
Updates from City Council Ad Hoc Subcommittees and Standing Committee Delegates/Alternates

CONSENT CALENDAR
City Council Minutes City Clerk Ongoing
Check Registers Finance Director Ongoing
Memo Regarding Revenue Report, Expenditure Report and CIP Report by Project for December 2022
Finance Director Ongoing
Memo Regarding City Treasurer’s Report and Cash Balance Report for December 2022
City Treasurer Ongoing
Cancellation of Certain Checks City Treasurer Ongoing
Capital Improvement Program Status Report Public Works Director Ongoing Recommendation to receive and file the action minutes of the Public Works Commission meeting of November 16, 2022
Public Works Director Ongoing
Recommendation to receive and file the action minutes of the Planning Commission meeting of January 17, 2023
Community Development Director Ongoing
Assembly Bill 361 Compliance City Clerk Ongoing
Approval of the 2022-2025 Memorandum of Understanding for Police Management Bargaining Group
Human Resources Manager Staff Request
Nov. 23, 2022

MUNICIPAL MATTERS
Economic Development Strategy Progress Report Community Development Director Consideration of Fees and Other Changes to the Temporary Outdoor Dining Program
Environmental Programs Manager Staff Request
Dec. 21, 2022
Retention Schedule Update City Clerk Staff Request
Dec. 15, 2022
FUTURE AGENDA ITEMS – CITY COUNCIL
Future Agenda Items City Manager Ongoing
SATURDAY, JANUARY 28, 2023

CITY COUNCIL RETREAT
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2 NO MEETING FEBRUARY 14, 2023
(DARK)
FEBRUARY 28, 2023 @ 5:00 PM

INITIAL

DATE CLOSED SESSION
FEBRUARY 28, 2023 @ 6:00 PM

PRESENTATIONS
RECOGNIZING HERMOSA BEACH RESIDENT AND LA KING’S RETIREE DUSTIN BROWN

UPDATE ON BEACH CITIES MENTAL HEALTH EVALUATION TEAM (MET)

CITY MANAGER REPORTS
Police Chief Update

CITY COUNCILMEMBER COMMENTS
Updates from City Council Ad Hoc Subcommittees and Standing Committee Delegates/Alternates

CONSENT CALENDAR
City Council Minutes City Clerk Ongoing
Check Registers Finance Director Ongoing
Revenue Report, Expenditure Report and CIP Report by Project for January 2023
Finance Director Ongoing
City Treasurer’s Report and Cash Balance Report for January 2023 City Treasurer Ongoing Cancellation of Certain Checks City Treasurer Ongoing
Capital Improvement Program Status Report Public Works Director Ongoing Recommendation to receive and file the action minutes of the Planning Commission meeting of February 21, 2023
Community Development Director Ongoing
Recommendation to receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of December 6, 2023
Community Resources Manager Ongoing
Action Minutes of the Civil Service Board Meeting of December 21, 2022 Human Resources Manager Ongoing Assembly Bill 361 Compliance City Clerk Ongoing
Los Angeles Fire Services and McCormick Ambulance Monthly Report for December 2022
Emergency Management
Coordinator
Ongoing
South Bay Workforce Investment Board Quarterly Summary (2nd Quarter for FY 2022–23)
Chris Cagle Quarterly
PUBLIC HEARINGS – 6:30 PM
Approval of New Special Events Community Resources Manager Staff Request Dec. 1, 2022

MUNICIPAL MATTERS
Resolution Ending the Local Emergency City Attorney Staff Request Jan. 3, 2023
FUTURE AGENDA ITEMS – CITY COUNCIL
Future Agenda Items City Manager Ongoing
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3 WEDNESDAY, MARCH 1, 2023

STUDY SESSION PLACE HOLDER
MARCH 14, 2023 @ 5:00 PM

INITIAL

DATE CLOSED SESSION
MARCH 14, 2023 @ 6:00 PM

CITY MANAGER REPORTS
Police Chief Update

CITY COUNCILMEMBER COMMENTS
Updates from City Council Ad Hoc Subcommittees and Standing Committee Delegates/Alternates

CONSENT CALENDAR
City Council Minutes City Clerk Ongoing
Check Registers Finance Director Ongoing
Recommendation to receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of February 7, 2023
Community Resources Manager Ongoing
Action Minutes of the Civil Service Board Meeting of January 18, 2023 Human Resources Manager Ongoing Assembly Bill 361 Compliance City Clerk Ongoing
Los Angeles Fire Services and McCormick Ambulance Monthly Report for January 2023
Emergency Management
Coordinator
Ongoing
FUTURE AGENDA ITEMS – CITY COUNCIL
Future Agenda Items City Manager Ongoing
MARCH 28, 2023 @ 5:00 PM

INITIAL

DATE CLOSED SESSION
MARCH 28, 2023 @ 6:00 PM

CITY MANAGER REPORTS
Police Chief Update

CITY COUNCILMEMBER COMMENTS
Updates from City Council Ad Hoc Subcommittees and Standing Committee Delegates/Alternates

CONSENT CALENDAR
City Council Minutes City Clerk Ongoing
Check Registers Finance Director Ongoing
Revenue Report, Expenditure Report and CIP Report by Project for February 2023
Finance Director Ongoing
City Treasurer’s Report and Cash Balance Report for February 2023 City Treasurer Ongoing Cancellation of Certain Checks City Treasurer Ongoing
Capital Improvement Program Status Report Public Works Director Ongoing Recommendation to receive and file the action minutes of the Planning Commission meeting of March 21, 2023
Community Development Director Ongoing
Recommendation to receive and file the action minutes of the Public Works Commission meeting of January 18, 2023
Public Works Director Ongoing
Assembly Bill 361 Compliance City Clerk Ongoing
Approval of the Commencement of Special Event Long-term Agreement Negotiations
Community Resources Manager Staff Request
Dec. 19, 2022
FUTURE AGENDA ITEMS – CITY COUNCIL
Future Agenda Items City Manager Ongoing
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4 NO MEETING APRIL 11, 2023
(DARK)

PENDING STRATEGIC PLAN ITEMS

STATUS /

TENTATIVE MEETING DATE
Update Personnel Policies Human Resources
Manager
Pending Labor
Negotiations/Meet & Confer
Process
Beach Policy/Regulations (Continued from meeting of October 27, 2016) Community Resources Manager On hold by Council
Alternative Fuel Transportation Report, Nov. 2016 Environmental Analyst Community Choice Aggregation Direction, Dec. 2016 Environmental Programs Manager

PENDING NEW ITEMS

STATUS /

TENTATIVE MEETING DATE
Approval of the Municipal Lease Policy
Initiated by: Staff Request Jun. 12, 2018
Community Resources
Manager
Document Retention Policy
Initiated by: Staff Request Nov. 28, 2018
City Clerk Pending Deputy City Clerk
Appointment
Landscape and Street Lighting District Assessment Adjustment (mail-in election authorization)
Initiated by: Council Direction Jul. 9, 2019
Public Works Director To be included in Revenue
Strategy Study Session (March
3, 2022). PW staff has funding
to prepare an assessment
adjustment study and will
advance that effort – it is
anticipated that the study will
take approximately 2 to 3
months to complete. If council
agrees to advance the
adjustment, it will need to go to
a city-wide ballot.

The annual assessment is
required to go to council each
year for approval and may need
to go to council separately
before the ballot vote. It was
last approved at the 7/13/2021
council meeting.

Pavement Condition Index Update
Initiated by: Staff Request Sept. 23, 2019
Public Works Director The new pavement
management plan report is
being prepared and is
anticipated to be completed in
approximately 2 to 3
months. PW staff will prepare
a staff report with the updated
document and have our
consultant available to present
the item to council.

Public Records Request Guidelines
Initiated by: Staff Request Oct. 14, 2019
City Clerk/Assistant to
the City Manager
Pending Deputy City Clerk
Appointment
Emergency Services Municipal Code Chapter 2.56 Update Emergency Management
Coordinator
Waiting for State to review
proposed language changes
1438
5 Return to Council to discuss a full ban on tobacco sales and to include all available data related to other communities who have adopted complete bans Initiated by: Council Direction Jan. 28, 2020
Community
Development Director
Staff to work with BCHD to
consider appropriate timing to
return to consider a full ban
Consideration of licensing agreement/fees for use of City logo Initiated by: Council Direction Jun. 9, 2020
City Attorney The City will develop a
licensing agreement for
commercial uses of the City
logo as part of a comprehensive
Administrative Memorandum
(AM) on City Branding and
Logo Use by City Staff. City
staff will begin drafting the
AM after finalizing the City’s
style guide and filing its “Intent
to Use” trademark application
for the City logo with the
USPTO. As part of developing
a Licensing Agreement for the
Commercial Use of the City
Logo, staff will establish a
process for reviewing and
handling these requests. This
process will likely include the
negotiation of royalties and as
well as the preparation of a
staff report to obtain Council
approval to enter into the
agreement. Only once after the
City receives the issuance of a
Notice of Allowance from the
USPTO can it begin approving
applications for commercial
uses of the logo.

Follow-up on Mayor’s Pledge
Initiated by: Council Direction August 25, 2020
City Manager’s
Office/Police Chief
Pending proposal from Sunny
Lee
Ordinance to regulate nuisance Outdoor Lighting
Initiated by: Staff Request June 3, 2021
Community
Development Director
Council referred to Planning
Commission at June 2021
meeting, tentatively scheduled
for Planning Commission,
February 2022
An Ordinance of the City of Hermosa Beach, California, adding Chapter

12.42 to the Hermosa Beach Municipal Code to require property owners to repair the sidewalk area abutting their real property
Initiated by: Staff Request June 12, 2021
City Attorney
Update on single use plastics ordinance and resources needed to meet compliance (Supported by Massey, Campbell, Armato)
Initiated by: Council Direction October 26, 2021
Environmental Program
Manager
PLAN Hermosa 5-year check-in on milestones
(Supported by Massey, Campbell, Armato, Jackson)
Initiated by: Council Direction October 26, 2021
Community
Development
Director/Environmental
Program Manager
Authorize the SBCCOG to contract for alert and warning services through Everbridge and Alert South Bay on behalf of the City of Hermosa Beach Initiated by: Staff Request January 27, 2022
Emergency
Management
Coordinator
Public Hearing to discuss 2023-2024 Residential and Employee Parking Permits
Initiated by: Council Direction January 31, 2022
City Manager
Update Municipal Code Chapter 1.06 to also include the Hermosa Beach wordmark in our ordinance
Initiated by: Staff Request February 8, 2022
City Manager/Senior
Management Analyst
Consideration of Non-Profit Grant Program
Initiated by: Council Direction March 9, 2022
Deputy City Manager
Consideration of proposal for Extension and Amendment of agreements between the City and Athens Services for solid waste and street sweeping services
Initiated by: Council Direction May 10, 2022
Environmental Program
Manager
1439

Hermosa Beach City CouncilJanuary 10, 2023

Hermosa Beach City Council
January 10, 2023