Hermosa Beach City Council
March 28, 2023

CITY OF HERMOSA BEACH
RESOLUTION NO. 23-XXXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH,

CALIFORNIA APPROVING A TRANSFER AGREEMENT BETWEEN THE LOS

ANGELES COUNTY FLOOD CONTROL DISTRICT AND CITY OF HERMOSA BEACH, AGREEMENT NO. XXXX SAFE, CLEAN WATER PROGRAM —

REGIONAL PROGRAM
WHEREAS, on November 6, 2018, Measure W, the Safe, Clean Water ("SCW") Program ballot measure, was successfully passed by the voters; and WHEREAS, the SCW Program Ordinance (Chapter 16 of the Los Angeles County Flood Control District Code) and the SCW Program Implementation Ordinance (Chapter 18 of the Los Angeles County Flood Control District Code), administers the SCW Program for the purpose of funding Projects and Programs to increase stormwater and urban runoff capture and reduce stormwater and urban runoff pollution in the District; and
WHEREAS, the City of Hermosa Beach ("City") was awarded SCW Funds from the Competitive Regional program in the amount of $423,950 to fund the construction, operation and maintenance and water quality monitoring for the Hermosa Beach Parking Lot Greening Project; and
WHEREAS, to receive the SCW Program funds, the City is required to execute and submit the Transfer Agreement between the City and the Los Angeles County Flood Control District ("Transfer Agreement"), attached hereto as Exhibit "A"; and WHEREAS, the Mayor must execute the Transfer Agreement to receive the SCW Regional Program funds

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. The City Council does hereby declare that the recitals set forth above are true and correct and are incorporated herein by reference; and SECTION 2. The City Council hereby approves the Transfer Agreement attached hereto as Exhibit "A”; and
SECTION 3. The City Council hereby authorizes the Mayor to execute and submit the Transfer Agreement in a form acceptable to the City Attorney; and SECTION 4. The City Council hereby designates the City Manager or designee to execute and submit all other documents as it pertains to the Transfer 1000

Agreement including, but not limited to applications, payment requests, progress reports, annual reports, and monitoring reports and other documents, which may be necessary for the completion of the Hermosa Beach Parking Lot Greening project; and
SECTION 5. The City Clerk shall certify the adoption of this Resolution which shall be effective upon its adoption.

PASSED, APPROVED and ADOPTED on this 28 day of March, 2023 Mayor Raymond A. Jackson
PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, CA ATTEST: APPROVED AS TO FORM:
________________________________ ________________________________ Myra Maravilla, MPA, CMC Patrick Donegan,
City Clerk City Attorney
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TRANSFER AGREEMENT BETWEEN

THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT
AND
City of Hermosa Beach
AGREEMENT NO. 2022RPSSMB03
SAFE, CLEAN WATER PROGRAM – REGIONAL PROGRAM
This Transfer Agreement, hereinafter referred to as “Agreement,” is entered into as of November 21, 2022 by and between the Los Angeles County Flood Control District, hereinafter referred to as "District," and City of Hermosa Beach for Hermosa Beach MultiBenefit Parking Lot Greening Project (Lot D), hereinafter referred to as "Recipient." WHEREAS, District, pursuant to the Los Angeles Region Safe, Clean Water (SCW) Program ordinance (Chapter 16 of the Los Angeles County Flood Control District Code) and the SCW Program Implementation Ordinance (Chapter 18 of the Los Angeles County Flood Control District Code), administers the SCW Program for the purpose of funding Projects and Programs to increase stormwater and urban runoff capture and reduce stormwater and urban runoff pollution in the District;
WHEREAS, Recipient proposes to implement a Funded Activity (as hereafter defined) that is eligible for funding under the SCW Program;
WHEREAS, the Funded Activity is included in a Stormwater Investment Plan (SIP) that has been approved by the County of Los Angeles Board of Supervisors; WHEREAS, the Board approved a standard template Agreement as required by and in accordance with Section 18.09 of the Los Angeles County Flood Control District Code; NOW, THEREFORE, in consideration of the promises, mutual representations, covenants and agreements in this Agreement, the District and the Recipient, each binding itself, its successors and assigns, do mutually promise, covenant, and agree as follows:

I. DEFINITIONS
The definitions set forth in Sections 16.03 and 18.02 of the Los Angeles County Flood Control District Code shall apply to this Agreement. In addition, the following definitions shall also apply:
“Activity Completion” means that the Funded Activity is complete to the reasonable satisfaction of the District based on review of reports and other documentation as deemed appropriate by the District. If the Funded Activity is an Infrastructure Program Project on District Right-of-Way a separate use and maintenance agreement is required. “Activity Costs” means the total costs necessary to achieve Activity Completion. The Activity Costs for the Funded Activity are described in Exhibit A. “Agreement” means this Transfer Agreement, including all exhibits and attachments hereto. 1002
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“Budget Plan” means a Recipient’s plan for funding Activity Completion, including a description of all sources of funds for Activity Costs and a description of how the SCW Program Contribution will be allocated among the tasks identified in the Scope of Work within each fiscal year. Recipient's Budget Plan is described in Exhibit A. “Days” means calendar days unless otherwise expressly indicated. “Fiscal Year” means the period of twelve (12) months terminating on June 30 of any year. “Funded Activity” means the Infrastructure Program Project, or Scientific Study described in Exhibit A – Scope of Work, including the Stakeholder and Community Outreach Plan and all other tasks and activities described in Exhibit A. “Safe Clean Water (SCW) Program Contribution” means the portion of the Activity Costs to be paid for with Regional Program funds provided by the District from the SCW Program as described in the Budget Plan.
“Year” means calendar year unless otherwise expressly indicated.

I. PARTY CONTACTS
The District and the Recipient designate the following individuals as the primary points of contact and communication regarding the Funded Activity and the administration and implementation of this Agreement.

Los Angeles County Flood Control District Recipient:

Name: Melanie Morita Name: Douglas Krauss
Address: 11th Floor, PO Box 1460,
Alhambra, CA 91802-1460
Address: 1315 Valley Drive, Hermosa
Beach, CA 90254
Phone: (626) 300-2380 Phone: (310) 750-3603
Email: [email protected] Email: [email protected] Either party to this Agreement may change the individual identified above by providing written notice of the change to the other party.

II. EXHIBITS INCORPORATED BY REFERENCE
The following exhibits to this Agreement, including any amendments and supplements hereto, are hereby incorporated herein and made a part of this Agreement:

EXHIBIT A – SCOPE OF WORK
EXHIBIT B – GENERAL TERMS AND CONDITIONS
EXHIBIT C – SPECIAL CONDITIONS
EXHIBIT D – ADDENDUM TO AGREEMENT
EXHIBIT E – NATURE-BASED SOLUTIONS (Best Management Practices) 1003
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EXHIBIT F – OPERATIONS AND MAINTENANCE GUIDANCE DOCUMENT III. ACTIVITY COMPLETION
A. The Recipient shall implement and complete the Funded Activity in accordance with the work schedule described in Exhibit A,
B. The Recipient shall comply with the terms and conditions in Exhibits A, B, C, D, E, and F of this Agreement, and all applicable provisions of Chapters 16 and 18 of the Code.

C. The Recipient shall fulfill all assurances, declarations, representations, and commitments made by the Recipient in its application for SCW Program Contributions, accompanying documents, and communications filed in support of its application for SCW Program Contributions.

IV. SCW PROGRAM FUNDING FOR FUNDED ACTIVITY
A. The District shall disburse the SCW Program Contribution for the 2022-2023 Fiscal Year as described in the corresponding approved Stormwater Investment Plan (SIP) within 45-days of the execution of this Agreement by the last party to sign.

B. If the Funded Activity is included in a duly approved SIP for a subsequent Fiscal Year, the parties shall enter into an addendum to this Agreement, in the form attached as Exhibit D, regarding the disbursement of the SCW Program Contribution for that subsequent Fiscal Year. The Recipient expressly acknowledges and agrees that the District is not obligated to disburse any SCW Program Contributions to Recipient for any Fiscal Year beyond the 2022-23 Fiscal Year unless the Funded Activity is included in a duly approved SIP for a subsequent Fiscal Year, the Recipient has complied with the provisions related to the California Environmental Quality Act in Exhibit C, and the parties have duly executed an addendum to this Agreement for that Fiscal Year.

C. Notwithstanding any other provision of this Agreement, no disbursement shall be made at any time or in any manner that is in violation of or in conflict with federal, state, County laws, policies, or regulations.

D. All disbursements shall be subject to and be made in accordance with the terms and conditions in this Agreement and Chapters 16 and 18 of the Code.

E. The Recipient shall submit the scope of work described in Exhibit A 45-days after receipt of this Agreement. If the Funded Activity is included in a duly approved SIP for a subsequent Fiscal Year, subsequent Exhibit A – Scope of Work will be required 45-days after receipt of the addendum to this Agreement. 1004
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V. Execution of Agreement
This Agreement may be executed simultaneously or in any number of counterparts, including both counterparts that are executed manually on paper and counterparts that are in the form of electronic records and are executed electronically, whether digital or encrypted, each of which shall be deemed an original and together shall constitute one and the same instrument.

The District and the Recipient hereby agree to regard facsimile/electronic representations of original signatures of authorized officers of each party, when appearing in appropriate places on this Agreement and on any addenda or amendments thereto, delivered or sent via facsimile or electronic mail or other electronic means, as legally sufficient evidence that such original signatures have been affixed to this Agreement and any addenda or amendments thereto such that the parties need not follow up facsimile/electronic transmissions of such documents with subsequent (non-facsimile/electronic) transmission of “original” versions of such documents.

Further, the District and the Recipient: (i) agree that an electronic signature of any party may be used to authenticate this Agreement or any addenda or amendment thereto, and if used, will have the same force and effect as a manual signature; (ii) acknowledge that if an electronic signature is used, the other party will rely on such signature as binding the party using such signature, and (iii) hereby waive any defenses to the enforcement of the terms of this agreement based on the foregoing forms of signature. 1005
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IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.

South Santa Monica Bay
City of Hermosa Beach
Hermosa Beach Multi-Benefit Parking Lot Greening
Project (Lot D)
By: ____________________________________
Name:

Title:

Date: __________________________________
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IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.

LOS ANGELES COUNTY
FLOOD CONTROL DISTRICT:

By: ____________________________________
Name: Carolina T Hernandez
Title: Assistant Deputy Director
Date: __________________________________
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EXHIBIT A – SCOPE OF WORK
A-1. Budget Plan
The Recipient shall submit a detailed Budget Plan for all eligible expenditures for all phases and tasks included in the work schedule for the Funded Activity. The Recipient shall include a summary of leveraged funds and in-kind services for the Funded Activity.

For a Funded Activity that will be performed over more than one Fiscal Year, the Budget Plan must clearly identify the amount of SCW Program Contribution for each Fiscal Year.

A-1. Consistent with SCW Program Goals
By signing this Agreement, the Recipient shall provide certification that the Budget Plan is consistent with SCW Program Goals as described in Chapter 18.04 of the Code.

The Recipient shall include a summary of how the identified SCW Program Goals are expected to be achieved through the Funded Activity, including quantitative targets and corresponding metrics for subsequent reporting of all applicable parameters.

A-2. Estimated Reasonable Total Activity Cost
The Recipient shall submit a detailed estimate total Activity Cost for all phases and tasks included in the work schedule for the Funded Activity.

A-3. Funded Activity Description and Scope of Work
The Recipient shall provide a general description of the Funded Activity and a detailed scope of work. The scope of work may include:

1. Project Management, including required reporting

2. General Compliance Requirements/Project Effectiveness and Performance

3. Permitting and Environmental Compliance

4. Planning, Design, and Engineering

5. Stakeholder and Community Outreach/Engagement Activities

6. Right of Way Acquisition

7. Construction and Implementation

8. Operation and Maintenance
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A-4. Operations and Maintenance (O&M) Plan
Where the Funded Activity is an Infrastructure Program Project, the Recipient shall submit a plan describing the activities that are expected to be necessary to perform O&M for the Infrastructure Program Project to ensure it remains in good working order throughout the useful life of the Infrastructure Program Project using SCW Program Contributions. The O&M plan shall address the activities described in Exhibit F to the greatest extent feasible and in as much detail as possible based on the completeness of the Project design and construction. The Recipient shall update the O&M plan in connection with each Addenda until completion of the Infrastructure Program Project and the submittal of a final O&M plan.

The Recipient shall specifically identify the entity that will be performing the O&M for the lifetime of the Project. If this is not the Recipient, the Recipient shall submit a letter of commitment from the entity that will be performing the O&M (See Exhibit F, for example activities). The letter of commitment shall include details demonstrating how the provider is qualified and capable of providing the necessary ongoing O&M services.

The Recipient may elect to request the local Municipality or District to provide O&M for the useful life of the Infrastructure Program Project using SCW Program Contributions. If the Recipient does not elect to seek the District’s services or if the District is unable to provide the services as requested, the Recipient shall include in the letter of commitment reference to the above details demonstrating how the provider is qualified and capable of providing the necessary ongoing O&M services.

A-5. Post-Construction Monitoring
Where the Funded Activity is an Infrastructure Program Project, stormwater quality monitoring data shall be collected and reported in a manner consistent with the SWRCB database, the CEDEN for a period of three years. The Recipient shall submit a postconstruction monitoring plan when the design phase is complete. The post-construction monitoring plan will evaluate the effectiveness of stormwater treatment facilities and include the project description; quality objectives; sampling design; sampling procedures; quality control; data management verification, and reporting; data quality assessment; and data analysis procedures.

A-6. Sustainability Rating
Where the Funded Activity is an Infrastructure Program Project that has applied for Institute for Sustainable Infrastructure (ISI) verification, the Recipient shall submit the final score and Envision award level.

A-7. Stakeholder and Community Outreach/Engagement Plan The Recipient shall submit a Stakeholder and Community Outreach/Engagement Plan for Infrastructure Program Projects and include a discussion of how local NGOs or CBOs will be involved, if applicable, and if not, why. Additional outreach/engagement 1009
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activities, even if funded by other sources, should be referenced to provide an overview of anticipated overall project approach. The plan shall, at a minimum include:

1. Community outreach activities to provide information to residents and information about upcoming meetings or other engagement activity event is scheduled.

Outreach methods used should be appropriate in scale and type to the community being served. Outreach methods include but are not limited to: Online Media Outreach (email blasts, social media, publication on a website) Local Media Outreach (newsletters, local and regional newspapers, and local radio and television) and/or Grassroots Outreach (door-to-door canvassing, phone banking, surveys and focus groups, and distribution of flyers or other printed materials). The District will support outreach efforts through web-based platforms if requested at least four weeks prior to the requested publish date. The District should be included in all social media outreach and notified of all meetings and other engagement events.

1. Community engagement activities solicit, address and seek input from community members for Funded Activities. These events may occur as part of any public meeting with multiple agenda items such as council, commission or committee meetings where public input is invited; or at festivals, fairs, or open houses where a table or booth may be set up.

2. Stakeholder and Community Outreach/Engagement Plan requirements:

Stakeholder and Community Outreach/Engagement Plan activities should occur at the onset of the project, during the design phase, and during construction.

Infrastructure Program
Project Funds
Required Activity 1 Required Activity 2
Up to $2 M Outreach or Engagement
Up to $10 M Outreach ≥1 Engagement
Over $10 M Outreach ≥ 2 Engagements

3. If the Funded Activity is for the O&M of an Infrastructure Program Project Stakeholder and Community Outreach/Engagement Plan activities should occur biennially to remind communities of the SCW Program Contribution.

4. Activities and measures to mitigate against displacement and gentrification. This includes, as applicable, an acknowledgment that the Funded Activity will be fully subject to and comply with any County-wide displacement policies as well as with any specific anti-displacement requirements associated with other funding sources.
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A-8. Tracking Infrastructure Program Project Benefits
The Recipient shall submit an overview of the benefits achieved upon the Activity Completion. SOW shall include quantitative targets and corresponding metrics for subsequent reporting of all applicable parameters.

A-9. Work Schedule and Completion Date
The Recipient shall submit a detailed schedule, including start and completion dates for all phases and tasks of the scope of work for the Funded Activity. For Funded Activities that will be performed over more than one Fiscal Year, the work schedule must clearly identify the phases and tasks that will be performed in each Fiscal Year. 1011
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EXHIBIT B – GENERAL TERMS AND CONDITIONS
B-1. Accounting and Deposit of Funding Disbursement

1. SCW Program Contributions distributed to the Recipient shall be held in a separate interest-bearing account and shall not be combined with other funds. Interest earned from each account shall be used by the Recipient only for eligible expenditures consistent with the requirements of the SCW Program.

1. The Recipient shall not be entitled to interest earned on undisbursed SCW Program Contributions; interest earned prior to disbursement is property of the District.

2. The Recipient shall operate in accordance with Generally Accepted Accounting Principles (GAAP).

3. The Recipient shall be strictly accountable for all funds, receipts, and disbursements related to all SCW Program Contributions made to the Recipient.

B-1. Acknowledgement of Credit and Signage
The Recipient shall include appropriate acknowledgement of credit to the District for its support when promoting the Funded Activity or using any data and/or information developed under this Agreement. When the Funded Activity involves the construction phase of an Infrastructure Program Project, signage shall be posted in a prominent location at Project site(s) or at the Recipients headquarters and shall include the Safe, Clean Water Program color logo and the following disclosure statement: “Funding for this project has been provided in full or in part from the Los Angeles County Flood Control District’s Safe, Clean Water Program.” At a minimum the sign shall be 2’ x 3’ in size. The Recipient shall also include in each of its contracts for work under this Agreement a provision that incorporates the requirements stated within this paragraph.

When the Funded Activity involves a scientific study, the Recipient shall include the following statement in the study report: “Funding for this study has been provided in full or in part from the Los Angeles County Flood Control District’s Safe, Clean Water Program.” The Recipient shall also include in each of its contracts for work under this Agreement a provision that incorporates the requirements stated within this paragraph.

B-2. Acquisition of Real Property – Covenant
Any real property acquired in whole or in part with SCW Program funds shall be used for Projects and Programs that are consistent with the SCW Program Goals and with the provisions of Chapter 16 and 18 of the Code.

Any Recipient that acquires the fee title to real property using, in whole or in part, SCW Program funds shall record a document in the office of the Registrar-Recorder/County Clerk containing a covenant not to sell or otherwise convey the real property without the 1012
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prior express written consent of the District, which consent shall not be unreasonably withheld.

B-3. Amendment
Except as provided in Section II of the Agreement, no amendment or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties. No oral or written understanding or agreement not incorporated in this Agreement is binding on any of the parties.

B-4. Assignment
The Recipient will not assign this Agreement without the prior consent of the District.

B-5. Audit and Recordkeeping

1. The Recipient shall retain for a period of seven (7) years after Activity Completion, all records necessary in accordance with Generally Accepted Accounting Principles to determine the amounts expended, and eligibility of Projects implemented using SCW Program Contributions. The Recipient, upon demand by authorized representatives of the District, shall make such records available for examination and review or audit by the District or its authorized representatives.

Records shall include accounting records, written policies and procedures, contract files, original estimates, correspondence, change order files, including documentation covering negotiated settlements, invoices, and any other supporting evidence deemed necessary to substantiate charges related to SCW Program Contributions and expenditures.

1. The Recipient is responsible for obtaining an independent audit to determine Funded Activity compliance with the terms and conditions of this Agreement and all requirements applicable to the Recipient contained in chapters 16 and 18 of the Code promptly upon Activity Completion. For a Funded Activity that will be performed over the course of a period exceeding three years, the District may also perform an interim independent audit every three (3) years until Activity Completion. Audits shall be funded with Regional Program funds.

2. Recipient shall file a copy of the Activity Completion audit report with the District by the end of the ninth (9th) month from Activity Completion. Recipient shall file a copy of all interim audit reports by the ninth (9th) month from the end of each three (3) year period. Audit reports shall be posted on the District’s publicly accessible website.
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End-of-Activity Every Third Fiscal Year
Projected
End Date
Audit Report
Due to District
SIP
Fiscal
Year
Audit Period Audit Report
Due to District
1/15/2024 No later than
10/31/2024
2022-24 7/1/2022 to
6/30/2025
No later than
3/31/2026

3. Upon reasonable advanced request, the Recipient shall permit the Chief Engineer, at the District's cost and expense, to examine the Funded Activity. The Recipient shall permit the authorized District representative, including the Auditor-Controller, at the District's cost and expense, to examine, review, audit, and transcribe any and all audit reports, other reports, books, accounts, papers, maps, and other records that relate to the Funded Activity.

4. Expenditures determined by an audit to be in violation of any provision of Chapters 16 or 18 of the Code, or of this Agreement, shall be subject to the enforcement and remedy provisions of Section 18.14 of the Code.

If at any time the Funded Activity cannot fulfill the provisions outlined in Exhibit A, the accounts and books of the Recipient may be reviewed or audited by the District.

B-6. Availability of Funds
District’s obligation to disburse the SCW Program Contribution is contingent upon the availability of sufficient funds to permit the disbursements provided for herein. If sufficient funds are not available for any reason including, but not limited to, failure to fund allocations necessary for disbursement of the SCW Program Contribution, the District shall not be obligated to make any disbursements to the Recipient under this Agreement.

This provision shall be construed as a condition precedent to the obligation of the District to make any disbursements under this Agreement. Nothing in this Agreement shall be construed to provide the Recipient with a right of priority for disbursement over any other recipient. If any disbursements due the Recipient under this Agreement are deferred because sufficient funds are unavailable, it is the intention of the District that such disbursement will be made to the Recipient when sufficient funds do become available, but this intention is not binding. If this Agreement’s funding for any fiscal year is reduced or deleted by order of the Board, the District shall have the option to either cancel this Agreement with no liability occurring to the District or offer an amendment to the Recipient to reflect the reduced amount.

1. The Recipient will not seek disbursement of any Activity Costs that will be disbursed or reimbursed from other funding sources.

1. The Recipient agrees that it will not request a disbursement unless that cost is allowable, reasonable, and allocable.
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B-7. Choice of Law
The laws of the State of California govern this Agreement.

B-8. Claims
Any claim of the Recipient is limited to the rights, remedies, and claims procedures provided to the Recipient under this Agreement. Recipient expenditures of a SCW Program Contribution that involves the District shall utilize a separate and specific agreement to that Project that includes appropriate indemnification superseding that in this Agreement.

B-9. Completion of Funded Activity by the Recipient
The Recipient agrees to pay any and all Activity Costs in excess of the SCW Program Contribution necessary for Activity Completion. The Recipient expressly acknowledges and agrees that if the SCW Program Contribution is not sufficient to pay the Activity Costs in full, the Recipient shall nonetheless complete the Funded Activity and pay that portion of the Activity Costs in excess of the SCW Program Contribution, subject to the provisions of Exhibit C, as applicable.

B-10. Compliance with Law, Regulations, etc.

The Recipient shall, at all times, comply with and require its contractors and subcontractors to comply with all applicable County, state and federal laws, rules, guidelines, regulations, and requirements. Without limitation of the foregoing, the Recipient agrees that, to the extent applicable, the Recipient shall comply with the Code.

B-11. Competitive Bidding and Procurements
The Recipient’s contracts with other entities for the acquisition of goods and services and construction of public works with SCW Program Contributions must be in writing and shall comply with all applicable laws and regulations regarding the securing of competitive bids and undertaking competitive negotiations. If the Recipient does not have a written policy to award contracts through a competitive bidding or sole source process, the State Contracting Manual rules must be followed and are available at:
https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-ServicesResources-List-Folder/State-Contracting#@ViewBag.JumpTo B-12. Continuous Use of Funded Activity; Lease or Disposal of Funded Activity Where the Funded Activity involves an Infrastructure Program Project, the Recipient shall not abandon, substantially discontinue use of, lease, or dispose of all or a significant part or portion of the Funded Activity during the useful life of 30 years of the Funded Activity without prior written approval of the District. Such approval may be conditioned as determined to be appropriate by the District, including a condition requiring repayment of pro rata amount of all disbursed SCW Program Contributions together with interest on 1015
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said amount accruing from the date of abandonment, substantial discontinuance, lease or disposal of the Project.

B-13. Default Provisions
The Recipient will be in default under this Agreement under any of the following circumstances:

1. The Recipient has made or makes any false warranty, representation, or statement with respect to this Agreement, any addendum or the application filed to obtain this Agreement;

1. The Recipient materially breaches this Agreement or any addendum, including but not limited to:
a. Fails to operate or maintain Project in accordance with this Agreement; b. Fails to submit timely Quarterly Progress/Expenditure Reports. c. Fails to remain in Good Standing (see Section B-34, below). d. The Recipient fails to maintain reasonable progress toward SCW Program Goals as described in Section 18.04 of the Code, following an opportunity to cure.
e. The Recipient fails to maintain reasonable progress toward Project Completion.
f. Use of SCW Program Contributions for ineligible expenses and/or activities not consistent with the Agreement.
g. Inappropriate use of SCW Program Contributions, as deemed by the District
Should an event of default occur, the District shall provide a notice of default to the Recipient and shall give the Recipient at least ten calendar days or such longer period as the District, in its reasonable discretion, may authorize, to cure the default from the date the notice is sent via first-class mail to the Recipient. If the Recipient fails to cure the default within the time prescribed by the District, the District may do any of the following:

1. Declare the SCW Program Contribution be immediately repaid, with interest, which shall be equal to the State of California general obligation bond interest rate in effect at the time of the default.

1. Terminate any obligation to make future payments to the Recipient.

2. Terminate the Agreement.
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3. Take any other action that it deems necessary to protect its interests.

The Recipient shall not be in default under this Agreement as a result of any breach of this Agreement by the Recipient that is the direct result of the District’s failure to make a SCW Program Contribution for any Fiscal Year. Under these circumstances the District may, in its reasonable discretion, terminate this Agreement by providing the Recipient with a written notice of termination. If this Agreement is terminated pursuant to this paragraph, the parties shall thereafter have no further obligations to each other in connection with the Funded Activity except that the Recipient's indemnification obligations shall survive the termination of this Agreement and continue in full force and effect.

B-14. Disputes
Should a dispute arise between the parties, the party asserting the dispute will notify the other parties in writing of the dispute. The parties will then meet and confer within 21 calendar days of the notice in a good faith attempt to resolve the dispute.

If the matter has not been resolved through the process set forth in the preceding paragraph, any party may initiate mediation of the dispute. Mediation will be before a retired judge or mediation service mutually agreeable to the parties. All costs of the mediation, including mediator fees, will be paid one-half by the District and one-half by the Recipient. SCW Program Contributions shall not be used to pay for any costs of the mediation.

The parties will attempt to resolve any dispute through the process set forth above before filing any action relating to the dispute in any court of law.

B-15. Final Inspection and Certification of Registered Professional Where the Funded Activity is an Infrastructure Program Project, upon completion of the design phase and before construction, the Recipient shall provide certification by a California Registered Professional (i.e., Professional Civil Engineer, Engineering Geologist) that the design has been completed.

Where the Funded Activity is an Infrastructure Program Project, upon completion of the Project, the Recipient shall provide for a final inspection and certification by a California Registered Professional (i.e., Professional Civil Engineer, Engineering Geologist), that the Project has been completed in accordance with submitted final plans and specifications and any modifications thereto and in accordance with this Agreement.

B-16. Force Majeure.

In the event that Recipient is delayed or hindered from the performance of any act required hereunder by reason of strikes, lockouts, labor troubles, inability to procure materials not related to the price thereof, riots, insurrection, war, or other reasons of a like nature beyond the control of the Recipient, then performance of such acts shall be 1017
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excused for the period of the delay, and the period for the performance of any such act shall be extended for a period equivalent to the period of such delay.

B-17. Funded Activity Access
When the Funded Activity involves an Infrastructure Program Project the Recipient shall, upon receipt of reasonable advance notice from the District, ensure that the District or any authorized representative of the foregoing, will have safe and suitable access to the site of the Funded Activity at all reasonable times through Activity Completion.

B-18. Funding Considerations and Exclusions

1. All expenditures of the SCW Program Contribution by Recipient must comply with the provisions of Chapters 16 and 18 of the Code, including but not limited to the provisions regarding eligible expenditures contained in Section 16.05.A.2 and the provision regarding ineligible expenditures contained in Section 16.05.A.3.

2. SCW Program Contributions shall not be used in connection with any Funded Activity implemented as an Enhanced Compliance Action ("ECA") and/or Supplemental Environmental Project ("SEP") as defined by State Water Resources Control Board Office of Enforcement written policies, or any other Funded Activity implemented pursuant to the settlement of an enforcement action or to offset monetary penalties imposed by the State Water Resources Control Board, a Regional Water Quality Control Board, or any other regulatory authority; provided, however, that SCW funds may be used for a Funded Activity implemented pursuant to a time schedule order ("TSO") issued by the Los Angeles Regional Water Quality Control Board if, at the time the TSO was issued, the Funded Activity was included in an approved watershed management program (including enhanced watershed management programs) developed pursuant to the MS4 Permit.

Recipient certifies that: (a) the Funded Activity is not being implemented as an ECA or SEP; (b) the Funded Activity is not being implemented pursuant to the settlement of an enforcement action or to offset monetary penalties imposed by the State Water Resources Control Board, a Regional Water Quality Control Board, or any other regulatory authority; and (c) the Funded Activity is not being implemented pursuant to a TSO issued by the Los Angeles Regional Water Quality Control Board unless, at the time the TSO was issued, the Funded Activity was included in an approved watershed management program (including enhanced watershed management programs) developed pursuant to the MS4 Permit.

B-19. Indemnification
The Recipient shall indemnify, defend and hold harmless the District and their elected and appointed officers, agents, and employees from and against any and all liability and expense arising from any act or omission of the Recipient, its officers, employees, agents, or subconsultants or contractors in conjunction with Recipient’s performance under or pursuant to this Agreement, including defense costs, legal fees, claims, actions, and 1018
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causes of action for damages of any nature whatsoever, including but not limited to bodily injury, death, personal injury, or property damage.

B-20. Independent Actor
The Recipient, and its agents and employees, if any, in the performance of this Agreement, shall act in an independent capacity and not as officers, employees, or agents of the District.

The Recipient shall not contract work with a contractor who is in a period of debarment from any agency within the District. (LACC Chapter 2.202) B-21. Integration
This is an integrated Agreement. This Agreement is intended to be a full and complete statement of the terms of the agreement between the District and Recipient, and expressly supersedes any and all prior oral or written agreements, covenants, representations and warranties, express or implied, concerning the subject matter of this Agreement.

B-22. Lapsed Funds

1. The Recipient shall be able to carry over uncommitted Special Parcel Tax funds for up to five (5) years from the end of the fiscal year in which those funds are transferred from the District to the Recipient.

1. If the Recipient is unable to expend the SCW Program Contribution within five (5) years from the end of the Fiscal Year in which those funds are transferred from the District to the Recipient, then lapsed funding procedures will apply. Lapsed funds are funds that were transferred to the Recipient but were not committed to eligible expenditures by the end of the fifth (5th) fiscal year after the fiscal year in which those funds were transferred from the District.

2. Lapsed funds shall be allocated by the Watershed Area Steering Committee of the respective Watershed Area to a new Project with benefit to that Municipality or Watershed Area.

3. In the event that funds are to lapse, due to circumstances beyond the Recipient’s control, then the Recipient may request an extension of up to twelve (12) months in which to commit the funds to eligible expenditures. Extension Requests must contain sufficient justification and be submitted to the District in writing no later than three (3) months before the funds are to lapse.

4. The decision to grant an extension is at the sole discretion of the District.

5. Funds still uncommitted to eligible expenditures after an extension is granted will be subject to lapsed funding procedures without exception. 1019
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6. Example:

Fiscal Year
Transferred
Funds Lapse
After
Extension
Request Due
Commit By
2022–23 6/30/2028 No later than
3/31/2028
No later than
6/30/2029
B-23. Modification
This Agreement may be amended or modified only by mutual written consent of the Board and Recipient.

B-24. Non-Discrimination
The Recipient agrees to abide by all federal, state, and County laws, regulations, and policies regarding non-discrimination in employment and equal employment opportunity.

B-25. No Obligation of the District
The District will transfer the SCW Program Contribution to the Recipient for the funding of the Funded Activity. The District will have no further obligation, other than to transfer the funds, with respect to the Funded Activity itself.

B-26. No Third-Party Rights
The parties to this Agreement do not create rights in, or grant remedies to, any third party as a beneficiary of this Agreement, or of any duty, covenant, obligation, or undertaking established herein
B-27. Notice

1. The Recipient shall notify the District in writing within five (5) working days of the occurrence of the following:
a. Bankruptcy, insolvency, receivership or similar event of the Recipient; or a. Actions taken pursuant to State law in anticipation of filing for bankruptcy.

1. The Recipient shall notify the District within ten (10) working days of any litigation pending or threatened against the Recipient regarding its continued existence, consideration of dissolution, or disincorporation.

2. The Recipient shall notify the District promptly of the following:
a. Any significant deviation from in the submitted scope of the Funded Activity for the current Fiscal Year, including discussion of any major changes to the scope of the Funded Activity, noteworthy delays in implementation, anticipated 1020
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reduction in benefits, and/or modifications that change the SCW Program Goals intended to be accomplished by the Funded Activity. Under no circumstances may the Recipient make changes to the scope of the Funded Activity without receiving prior approval.
a. Cessation of work on the Funded Activity where such cessation of work is expected to or does extend for a period of thirty (30) days or more; b. Any circumstance, combination of circumstances, or condition, which is expected to or does delay Activity Completion;
c. Discovery of any potential archaeological or historical resource. Should a potential archaeological or historical resource be discovered during construction, the Recipient agrees that all work in the area of the find will cease until a qualified archaeologist has evaluated the situation and made recommendations regarding preservation of the resource. When the District is acting as the Lead Agency under CEQA for the Funded Activity, all work in the area of the find will remain suspended until the District has determined what actions should be taken to protect and preserve the resource and the Recipient agrees to implement appropriate actions as directed by the District; d. Any public or media event publicizing the accomplishments and/or results of this Agreement and provide the opportunity for attendance and participation by District representatives with at least fourteen (14) days’ notice to the District; e. Activity completion.

B-28. Public Records
The Recipient acknowledges that, except for a subset of information regarding archaeological records, the Funded Activity records and locations are public records including, but not limited to, all of the submissions accompanying the application, all of the documents incorporated by reference into this Agreement, and all reports, disbursement requests, and supporting documentation submitted hereunder.

B-29. Recipient’s Responsibility for Work
The Recipient shall be responsible for all work and for persons or entities engaged in work performed pursuant to this Agreement including, but not limited to, contractors, subcontractors, suppliers, and providers of services. The Recipient shall be responsible for responding to any and all disputes arising out of its contracts for work on the Project.

The District will not mediate disputes between the Recipient and any other entity concerning responsibility for performance of work.

B-30. Related Litigation
The Recipient is prohibited from using the SCW Program Contribution to pay costs associated with any litigation described in Section 16.05.A.3. of the Code. Regardless of 1021
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whether the Project or any eventual related project is the subject of litigation, the Recipient agrees to complete the Project funded by the Agreement or to repay all the SCW Program Contribution plus interest to the District.

B-31. Remaining Balance
In the event that the Recipient does not spend all the SCW Program Contribution disbursed for the Funded Activity, Recipient shall promptly return the unspent SCW Program Contribution to the District.

B-32. Reporting
The Recipient shall be subject to and comply with all applicable requirements of the District regarding reporting requirements. Recipients shall report available data through the SCW Reporting Module, once available.
• Quarterly Progress/Expenditure Reports. The Recipient shall submit Quarterly Progress/Expenditure Reports, using a format provided by the District, within fortyfive (45) days following the end of the calendar quarter (March, June, September, and December) to the District. The Quarterly Progress/Expenditure Reports shall be posted on the District’s publicly accessible website. The Quarterly Progress/Expenditure Report shall include:
a. Amount of funds received;
b. Percent overall Funded Activity completion estimate; c. Breakdown of how the SCW Program Contribution has been expended; d. Documentation that the SCW Program Contribution was used for eligible expenditures in accordance with Chapters 16 and 18 of the Code; e. Description of activities that have occurred, milestones achieved, and progress made to date, during the applicable reporting period including comparison to Exhibit A submission and corresponding metrics; f. Identification of any phases or tasks of the scope of work that were scheduled to be started or completed during the reporting period (according to the work schedule), but which were delayed, and a discussion of the reasons for the delay, and of lessons learned;
g. Scheduling concerns and issues encountered that may delay completion of the task;
h. Work anticipated for the next reporting period;
i. Any anticipated schedule or budget modifications;
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j. Photo documentation (e.g. photos of community outreach events, stakeholder meetings, groundbreaking ceremonies, and project site that may be used on the publicly accessible District website) of the phases or tasks of the Project completed during the reporting period, as appropriate; k. Additional financial or project-related information as required by the District; l. Certification from a California Registered Professional (Civil Engineer or Geologist, as appropriate), that the Project was conducted in accordance with Exhibit A;
m. Status of Recipient’s insurance; and
n. Description of post-performance for each completed infrastructure project is required after the first operational year and for a total of three years after the project begins operation. Post-performance reports shall focus on how each project is actually performing compared to its expected performance; whether the project is operated and maintained and providing intended benefits as proposed. A post-performance template will be provided by the District.
• Quarterly Progress/Expenditure Reports shall be submitted to the District Program Manager no later than forty-five days following the end of the calendar quarter as follows:

Quarter End of Quarter Report Due
First Quarter September 15 November
Second Quarter December 15 February
Third Quarter March 15 May
Fourth Quarter June 15 August
• Annually, a summary of the Quarterly Progress/Expenditure Reports shall be submitted to the Watershed Area Steering Committees to explain the previous year’s Quarterly Progress/Expenditure Reports by the Recipient. The summary report shall be submitted six (6) months after the close of the Fourth Quarter. The summary report shall include:
• Description of the Water Quality Benefits, Water Supply Benefits, and Community Investment Benefits and a summary of how funds have been allocated to achieve SCW Program Goals as articulated in Chapter 18.04 of the Code for the prior year. This includes comparisons to Exhibit A and alignment with corresponding specific quantitative targets and metrics (note that SCW Reporting Module will facilitate graphical representation of pertinent data).
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• When the Funded Activity is an Infrastructure Program Project, include a description of how the County’s Local and Targeted Worker Hire Policy has been applied and enforced; or if the Recipient is a Municipality and has adopted its own policy, include a description of how its policy was applied and enforced.
• Where the Funded Activity is an Infrastructure Program Project that has applied for Institute for Sustainable Infrastructure (ISI) verification, include a description of the final score and Envision award level. Annually, the Recipient shall prepare and provide members of the public with up-to-date information on the actual and budgeted use of the SCW Program Contribution.
• As Needed Information or Reports. The Recipient agrees to promptly provide such reports, data, and information as may be reasonably requested by the District including, but not limited to material necessary or appropriate for evaluation of the SCW Program or to fulfill any reporting requirements of the County, state or federal government.

B-33. Representations, Warranties, and Commitments
The Recipient represents, warrants, and commits as follows:

1. Authorization and Validity. The execution and delivery of this Agreement, including all incorporated documents, by the individual signing on behalf of Recipient, has been duly authorized by the governing individual(s), board or body of Recipient, as applicable. This Agreement constitutes a valid and binding obligation of the Recipient, enforceable in accordance with its terms, except as such enforcement may be limited by law.

1. No Violations. The execution, delivery, and performance by the Recipient of this Agreement, including all incorporated documents, do not violate any provision of any law or regulation in effect as of the date set forth on the first page hereof, or result in any breach or default under any contract, obligation, indenture, or other instrument to which the Recipient is a party or by which the Recipient is bound as of the date set forth on the first page hereof.

2. No Litigation. There are no pending or, to the Recipient’s knowledge, threatened actions, claims, investigations, suits, or proceedings before any governmental authority, court, or administrative agency which affect the Recipient's ability to complete the Funded Activity.

3. Solvency. None of the transactions contemplated by this Agreement will be or have been made with an actual intent to hinder, delay, or defraud any present or future creditors of the Recipient. As of the date set forth on the first page hereof, the Recipient is solvent and will not be rendered insolvent by the transactions 1024
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contemplated by this Agreement. The Recipient is able to pay its debts as they become due.

4. Legal Status and Eligibility. The Recipient is duly organized and existing and in good standing under the laws of the State of California and will remain so through Activity Completion. The Recipient shall at all times maintain its current legal existence and preserve and keep in full force and effect its legal rights and authority through Activity Completion.

5. Insurance. The Recipient shall follow the Insurance Manual prepared by the Risk Management Office of the Los Angeles County Chief Executive Office. For Infrastructure Program Projects the Recipient shall provide General Liability, Automobile Liability, Worker’s Compensation and Employer’s Liability, Builder’s Risk Course of Construction Insurance, and Professional Liability as specified in the Insurance Manual: https://riskmanagement.lacounty.gov/wpcontent/uploads/2019/06/Insurance-Manual-revised-May-2019.pdf B-34. Requirements for Good Standing
The Recipient must currently be in compliance with the District requirements set forth in this Agreement. The Recipient must demonstrate it has not failed to comply with previous County and/or District audit disallowances within the preceding five years.

B-35. Requirements Related to Recipient's Contractors

1. The Recipient shall apply and enforce provisions mirroring those set forth in the then-current version of the County's Local and Targeted Worker Hire Policy (LTWHP) as to contractors performing work on such a Project. Alternatively, if the Recipient is a Municipality and has adopted its own policy that is substantially similar to the LTWHP, the Recipient may, at its election, choose to apply and enforce the provisions of its own such policy as to contractors performing work on such a Project in lieu of the provisions of the LTWHP.

1. The Recipient shall apply and enforce provisions mirroring those set forth in Los Angeles County Code (LACC) Chapter 2.211 (Disabled Veteran Business Enterprise Preference Program), LACC, Chapter 2.204 (Local Small Business Enterprise Preference Program), LACC, Chapter 2.205 (Social Enterprise Preference Program), LACC, Chapter 2.203 (Contractor Employee Jury Service Ordinance), LACC Chapter 2.206 (Defaulted Tax Program), LACC, Chapter 2.200 (Child Support Compliance Program, LACC, Chapter 2.160 (County Lobbyist Ordinance), Safely Surrendered Baby Law, and Zero Tolerance Policy on Human Trafficking, as to contractors performing work on such an Infrastructure Program Project, subject to statutory authorization for such preference program(s), and subject to applicable statutory limitations for such preference(s); and, furthermore, the Recipient shall take actions to promote increased contracting opportunities for Women-Owned Businesses on the Project, subject to applicable State or federal constitutional limitations.
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2. The Recipient shall obtain all necessary approvals, entitlements, and permits required to implement the Project. Failure to obtain any necessary approval, entitlement, or permit shall constitute a breach of a material provision of this Agreement.

3. With respect to a Project funded with SCW Program Contributions through the Regional Program, if the Project has an estimated capital cost of over twenty-five million dollars ($25,000,000),as adjusted periodically by the Chief Engineer in accordance with changes in the Consumer Price Index for all urban consumers in the Los Angeles area, or other appropriate index, a provision that the Infrastructure Program Project Developer for such a Project must require that all contractors performing work on such a Project be bound by the provisions of: (1) a Countywide Project Labor Agreement (Community Workforce Agreement), if such an agreement has been successfully negotiated between the County and the Trades and is approved by the Board, or (2) a Project Labor Agreement ("PLA") mirroring the provisions of such Community Workforce Agreement.

4. With respect to a Project funded with SCW Program Contributions through the Regional Program, if one or more of the Municipalities that is a financial contributor to a Project has its own PLA, a provision that the Infrastructure Program Project Developer for the Project must require that contractors performing work on the Project are bound to such PLA. If more than one of the contributing Municipalities to a capital project has a PLA, the Project Developer shall determine which of the PLAs will be applied to the Project.

5. Payment Bond. Payment bonds for exceeding twenty-five thousand dollars are required. A payment bond is defined as a surety bond posted by a contractor to guarantee that its subcontractors and material suppliers on the Project will be paid.

6. Performance Bond. Where contractors are used, the Recipient shall not authorize construction to begin until each contractor has furnished a performance bond in favor of the Recipient in the following amounts: faithful performance (100%) of contract value, and labor and materials (100%) of contract value. This requirement shall not apply to any contract for less than $25,000.00. Any bond issues pursuant to this paragraph must be issued by a California-admitted surety. (Pub. Contract Code, 7103; Code Civ. Proc. 995.311.)

7. Prevailing Wage. The Recipient agrees to be bound by all the provisions of Sections 1771 and 1774 of the California Labor Code regarding prevailing wages and requires each of subcontractors to also comply. The Recipient shall monitor all contracts resulting from this Agreement to assure that the prevailing wage provisions of the Labor Code are being met. The Recipient affirms that it is aware of the provisions of section 3700 of the Labor Code, which requires every employer to be insured against liability for workers’ compensation or to undertake selfinsurance, and the Recipient affirms that it will comply with such provisions before commencing the performance of the work under this Agreement and will make it contractors and subcontractors aware of this provision . 1026
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8. Public Funding. This Funded Activity is publicly funded. Any service provider or contractor with which the Recipient contracts must not have any role or relationship with the Recipient, that, in effect, substantially limits the Recipient's ability to exercise its rights, including cancellation rights, under the contract, based on all the facts and circumstances.

B-36. Travel
Any reimbursement for necessary ground transportation and lodging shall be at rates not to exceed those set by the California Department of Human Resources; per diem costs will not be eligible expenses. These rates may be found at http://www.calhr.ca.gov/employees/Pages/travel-reimbursements.aspx. Reimbursement will be at the State travel amounts that are current as of the date costs are incurred by the Recipient. No travel outside the Los Angeles County Flood Control District region shall be reimbursed unless prior written authorization is obtained from the Program Manager.

B-37. Unenforceable Provision
In the event that any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable, the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby. 1027
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EXHIBIT C – SPECIAL CONDITIONS
[If the Recipient is a public agency]
C-1. The Recipient acknowledges and agrees that the Recipient is the "lead agency" regarding compliance with the California Environmental Quality Act (CEQA) in connection with the Funded Activity and shall be responsible for the preparation of all documentation, analysis and other work and any mitigation necessary to comply with CEQA in connection with the Funded Activity. By entering into this Agreement, the District is not approving any activity that would be considered a project under CEQA.

C-2. Upon the completion of the documentation, analysis and other work necessary to comply with CEQA as described in section C-1, the Recipient shall promptly provide such documentation, analysis and work to the District. The Recipient acknowledges that the District is a Responsible Agency under CEQA in connection with the Funded Activity and that the District will not disburse the SCW Program Contribution for any activities that meet the definition of a project under CEQA until the Recipient has provided such documentation, analysis and other work to the District and the District has complied with its obligations as a Responsible Agency under CEQA.

C-3. In addition to its other indemnification obligations pursuant to this Agreement, the Recipient hereby agrees to indemnify, defend, and hold harmless District, the County of Los Angeles and their officers, employees, and agents from and against any and all claims and/or actions related to the Funded Activity that may be asserted by any third party or public agency alleging violations of CEQA or the State CEQA Guidelines or the NEPA.

C-4. Notwithstanding any other provision of this Agreement, if any documentation or other analysis pursuant to CEQA discloses that the Funded Activity, or portion thereof, will have one or more significant environmental impacts that cannot be feasibly mitigated, the Recipient shall promptly notify and consult with the District.

With the District's approval, the Recipient may determine to terminate or modify the implementation of all or any portion of the Funded Activity in order to avoid such environmental impacts.

C-5. In the event the parties, pursuant to the preceding paragraph, determine to terminate the implementation of the entirety of the Funded Activity, the Recipient shall promptly return all previously disbursed but unspent SCW Program Contributions and the Recipient shall thereafter have no further obligation under this Agreement to implement the Funded Activity. In the event the parties determine to terminate the implementation of a portion of the Funded Activity, the Recipient shall promptly return all previously disbursed but unspent SCW Program Contributions for the terminated portion of the Funded Activity and the Recipient shall thereafter have no further obligation under this Agreement to implement the 1028
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terminated portion of the Funded Activity, but this Agreement shall remain in full force and effect as to the portion of the Funded Activity not terminated. [If the Recipient is not a public agency]
C-1. The Recipient shall be responsible for the preparation of all documentation, analysis and other work including any mitigation, necessary to comply with the California Environmental Quality Act (CEQA) in connection with the Funded Activity. Environmental documentation prepared in connection with the Funded Activity will be subject to the review and analysis of the District. Any decisions based on the documentation prepared by the Recipient will reflect the independent judgment of District. By entering into this Agreement, the District is not approving any activity that would be considered a project under CEQA and the Recipient acknowledges that the District will not disburse the SCW Program Contribution for any activities that meet the definition of a project under CEQA until the Recipient has prepared the documentation, analysis and other work necessary to comply with CEQA to the District's satisfaction.

C-2. In addition to its other indemnification obligations pursuant to this Agreement, the Recipient hereby agrees to indemnify, defend, and hold harmless District, the County of Los Angeles and their officers, employees, and agents from and against any and all claims and/or actions related to the Funded Activity that may be asserted by any third party or public agency alleging violations of CEQA or the CEQA Guidelines or the NEPA.

C-3. Notwithstanding any other provision of this Agreement, if any documentation or other analysis pursuant to CEQA discloses that the Funded Activity or any portion thereof will have one or more significant environmental impacts that cannot be feasibly mitigated, the District, after consultation with the Recipient, may terminate the SCW Program Contribution for all or any portion of the Funded Activity or may request that the Funded Activity be modified in order to avoid such environmental impact(s).

C-4. In the event that the District terminates the SCW Program Contribution for the entirety of the Funded Activity, the Recipient shall promptly return all previously disbursed but unspent SCW Program Contributions and the Recipient shall thereafter have no further obligation under this Agreement to implement the Funded Activity. In the event the District terminates the SCW Program Contribution for a portion on of the Funded Activity, the Recipient shall promptly return all previously disbursed but unspent SCW Program Contributions for the terminated portion of the Funded Activity and the Recipient shall thereafter have no further obligation under this Agreement to implement the terminated portion of the Funded Activity, but this Agreement shall remain in full force and effect as to the portion of the Funded Activity for which the SCW Program Contribution was not terminated. 1029
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EXHIBIT D – ADDENDUM TO AGREEMENT
-DRAFT TEMPLATEADDENDUM NO. ___ TO
TRANSFER AGREEMENT NO. _______________ BETWEEN

THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT

AND (INSERT PROJECT DEVELOPER)
SAFE, CLEAN WATER PROGRAM – REGIONAL PROGRAM
This Addendum No. ___ to Transfer Agreement No. _______________, hereinafter referred to as “Addendum No. ___”, is entered into as of ____________________ by and between the Los Angeles County Flood Control District, hereinafter referred to as "District," and ___(Project Developer/Scientific Studies Applicant)____, hereinafter referred to as "Recipient."
WHEREAS, District and Recipient entered into Transfer Agreement No. _______________ , hereinafter referred to as "Agreement", pertaining generally to the transfer of a SCW Program Contribution (as therein defined) from District to Recipient for the implementation by Recipient of a Funded Activity (as therein defined) to increase stormwater and/or urban runoff capture and/or reduce stormwater and/or urban runoff pollution, on _______________;
WHEREAS, the Agreement provides for the disbursement of the SCW Program Contribution for the ________ Fiscal Year (as therein defined), and further provides that if the Funded Activity is included in a duly approved Stormwater Investment Plan (as therein defined) for a subsequent Fiscal Year, the parties shall enter into an addendum to the Agreement regarding the disbursement of the SCW Program Contribution for that subsequent Fiscal Year;
WHEREAS, the Funded Activity has been included in a duly approved Stormwater Investment Plan for Fiscal Year __________;
NOW, THEREFORE, in consideration of the promises, mutual representations, covenants and agreements in this Agreement, the District and the Recipient, each binding itself, its successors and assigns, do mutually promise, covenant, and agree as follows:

1. The definitions set forth in Sections 16.03 and 18.02 of the Los Angeles County Flood Control District Code together with the definitions set forth in the Agreement shall apply to this Addendum No. ___.

2. Exhibit A to the Agreement is superseded and replaced by Exhibit A-1, attached hereto and incorporated herein as if fully set forth, and all references in the Agreement to Exhibit A shall hereafter be deemed to refer to Exhibit A-1.

3. The District shall disburse the SCW Program Contribution for the __________ Fiscal Year as described in the Budget Plan within ___ days of the execution of this Addendum by the last party to sign.
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3. All terms and conditions of the Agreement shall remain in full force and effect including, but not limited to the following provisions related to compliance with the California Environmental Quality Act (CEQA).
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IN WITNESS WHEREOF, this Addendum No. ___ has been executed by the parties hereto.
________(Recipient)_________:

By: ____________________________________
Name:

Title:

Date: __________________________________

LOS ANGELES COUNTY
FLOOD CONTROL DISTRICT:

By: ____________________________________
Name:

Title:

Date: __________________________________
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EXHIBIT E – NATURE BASED SOLUTIONS (NBS) BEST MANAGEMENT

PRACTICES
Nature-based solutions (NBS) refers to the sustainable management and use of nature for undertaking socio-environmental challenges, including climate change, water security, water pollution, food security, human health, and disaster risk management. As this environmental management practice is increasingly incorporated into projects for the SCW Program, this guidance document may be expanded upon to further quantify NBS practices based on benefits derived from their incorporation on projects.

The SCW Program defines NBS as a Project that utilizes natural processes that slow, detain, infiltrate or filter Stormwater or Urban Runoff. These methods may include relying predominantly on soils and vegetation; increasing the permeability of Impermeable Areas; protecting undeveloped mountains and floodplains; creating and restoring riparian habitat and wetlands; creating rain gardens, bioswales, and parkway basins; enhancing soil through composting, mulching; and, planting trees and vegetation, with preference for native species. NBS may also be designed to provide additional benefits such as sequestering carbon, supporting biodiversity, providing shade, creating and enhancing parks and open space, and improving quality of life for surrounding communities. NBS include Projects that mimic natural processes, such as green streets, spreading grounds and planted areas with water storage capacity. NBS may improve water quality, collect water for reuse or aquifer recharge, or to support vegetation growth utilizing natural processes.

Recipients are to consider using Nature-Based Solutions for infrastructure projects and include in each Quarterly Progress/Expenditure Report and annual summary whether and how their project achieves a good, better, or best for each of the 6 NBS methods in accordance with the guidance below. Additionally, Quarterly Progress/Expenditure Reports should include discussion on any considerations taken to maximize the class within each method. If at least 3 methods score within a single class, the overall project can be characterized as that class. Recipients must attach a copy of the matrix for each Project with the good, better, or best column indicated for each method, to facilitate District tracking of methods being utilized. Please refer to the table below.

For the most up to date guidance related to Nature Based Solutions, please refer to the Safe, Clean Water Program website (https://safecleanwaterla.org/) 1033
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METHODS GOOD BETTER BEST
Vegetation/Green
Space
Use of climateappropriate, eco-friendly
vegetation
(groundcover, shrubs,
and trees) / green space
5%-15% covered by
new climate-appropriate
vegetation
Use of native, climateappropriate, eco-friendly
vegetation
(groundcover, shrubs,
and trees) / green space
16%-35% covered by
new native vegetation
Establishment of plant
communities with a
diversity of native
vegetation
(groundcover, shrubs,
and trees) / green space
that is both native and
climate-appropriate
More than 35% covered
by new native
vegetation
Increase of
Permeability
Installation of vegetated
landscape – 25%-49%
paved area removed
Redesign of existing
impermeable surfaces
and/or installation of
permeable surfaces
(e.g. permeable
pavement and
infiltration trenches)
Installation of vegetated
landscape – 50%-74%
paved area removed
Improvements of soil
health (e.g., compaction
reduction)
Installation of vegetated
landscape – 75%-100%
paved area removed
Creation of wellconnected and selfsustained natural
landscapes with healthy
soils, permeable
surfaces, and
appropriate vegetation
Protection of
Undeveloped
Mountains &
Floodplains
●Preservation of native
vegetation
● Minimal negative
impact to existing
drainage system
●Preservation of native
vegetation
●Installation of new
feature(s) to improve
existing drainage
system
● Creation of open green
space
●Installation of features
to improve natural
hydrology
Creation &
Restoration of
Riparian Habitat &
Wetlands
Partial restoration of
existing riparian habitat
and wetlands
Planting of climate
appropriate vegetation -
between 5 and 15
different climateappropriate or native
plant species newly
planted
No potable water used
to sustain the wetland
●Full restoration of
existing riparian habitat
and wetlands
●Planting of native
vegetation - between
16 and 30 different
native plant species
newly planted
● No potable water used
to sustain the wetland
●Full restoration and
expansion of existing
riparian habitat and
wetlands
●Planting of plant
communities with a
diversity of native
vegetation – greater
than 31 native plant
species newly planted
● No potable water used
to sustain the wetland
1034
Regional Program
Agreement No. 2022RPSSMB03
New Landscape
Elements
Elements designed to
capture runoff for other
simple usage (e.g. rain
gardens and cisterns),
capturing the 85th
percentile 24-hour storm
event for at least 50% of
the entire parcel
Elements that design to
capture/redirect runoff
and filter pollution (e.g.
bioswales and parkway
basins), capturing the
85th percentile 24-hour
storm event from the
entire parcel
Large sized elements
that capture and treat
runoff to supplement or
replace existing water
systems (e.g. wetlands,
daylighting streams,
groundwater infiltration,
floodplain reclamation),
capturing the 90th
percentile 24-hour storm
event from the entire
parcel and/or capturing
off-site runoff
Enhancement of Soil
Use of soil amendments
such as mulch and
compost to retain
moisture in the soil and
prevent erosion
Planting of new climateappropriate vegetation
to enhance soil organic
matter
Use of soil amendments
such as mulch and
compost that are locally
generated to retain
moisture in the soil,
prevent erosion, and
support locally based
composting and other
soil enhancement
activities
Planting of new native,
climate-appropriate
vegetation to enhance
soil organic matter
Use of soil amendments
such as mulch and
compost that are locally
generated, especially
use of next-generation
design with regenerative
adsorbents (e.g.
woodchips, biochar) to
retain moisture in the
soil, prevent erosion,
and support on-site
composting and other
soil enhancement
activities
Planting of new native,
climate appropriate
vegetation to enhance
soil organic matter
1035
Regional Program
Agreement No. 2022RPSSMB03
EXHIBIT F – OPERATIONS AND MAINTENANCE GUIDANCE DOCUMENT Recipient or approved Project operator shall operate and maintain infrastructure projects for the useful life of the project and are to consider using the following guidance for operations and maintenance. Operational maintenance is the care and upkeep of Projects that may require detailed technical knowledge of the Project’s function and design. Project specific operational and maintenance plans shall consider the activities listed below and set forth specific activities and frequencies (not limited to those below) as determined to be appropriate by the Municipalities and best practices, including stakeholder engagement as applicable. Operational maintenance is to be performed by the operator of the Project with a purpose to make the operator aware of the state of readiness of the Project to deliver stormwater and urban runoff benefits.

1. Litter Control
• Regularly removal of litter, nonhazardous waste materials, and accumulated debris near planted areas, rock areas, decomposed granite areas, rest areas, fence perimeters, adjoining access roads and driveways, drains, pedestrian trails, viewing stations, shelter houses, and bicycle pathways.
• Regularly inspection and maintenance of pet waste stations • Maintaining trash receptacles
• Removal of trash, debris, and blockages from bioswales • Inspection and cleaning of trash booms
• Inspection of weir gates and stop logs to clean debris, as required.

2. Vegetation Maintenance
• Weed control
o Recognition and removal of weeds, such as perennial weeds, morning glory, vine-type weeds, ragweed, and other underground spreading weeds.
o Avoiding activities that result in weed seed germination (e.g. frequent soil cultivation near trees or shrubs)
o Regularly removal of weeds from landscape areas, including from berms, painted areas, rock areas, gravel areas, pavement cracks along access roads and driveways, drains, pedestrian trails, viewing stations, park shelters, and bicycle paths.
• Tree and shrubbery trimming and care
o Removal of dead trees and elimination of diseased/damaged growth o Prevent encroachment of adjacent property and provide vertical clearance
o Inspect for dead or diseased plants regularly
• Wetland vegetation and landscape maintenance
o Installation and maintenance of hydrophytic and emergent plants in perennially wet and seasonal, intermittent habitats.
1036
Regional Program
Agreement No. 2022RPSSMB03
o Draining and drawdown of wetland and excessive bulrush removal o Weed and nuisance plant control
o Removal of aquatic vegetation (e.g. algae and primrose) using appropriate watercraft and harvesting equipment
o Wildflower and meadow maintenance
o Grass, sedge, and yarrow management
o Removal of unwanted hydroseed

3. Wildlife Management
• Exotic species control
• Provide habitat management; promote growth of plants at appropriate densities and promote habitat structure for animal species • Protect sensitive animal species (e.g. protection during critical life stages including breeding and migration)
• Avoid disturbances to nesting birds
• Avoid spread of invasive aquatic species

4. Facility Inspection
• Inspect project sites for rodent and insect infestations on a regular basis • Inspect for and report graffiti in shelter houses, viewing stations, benches, paving surfaces, walls, fences, and educational and directional signs • Inspect facilities for hazardous conditions on roads and trails (e.g. access roads and trails, decomposed granite pathways, and maintenance roads) • Inspect shade structures for structural damage or defacement • Inspect hardscapes
• Inspect and maintain interpretive and informational signs • Inspect site furnishings (e.g. benches, hitching posts, bicycle racks) • Maintain deck areas (e.g. benches, signs, decking surfaces) • Visually inspect weirs and flap gates for damage; grease to prevent locking. • Inspect all structures after major storm events, periodically inspect every 3 months, and operate gates through full cycles to prevent them from locking up.

5. Irrigation System Management
• Ensuring automatic irrigation controllers are functioning properly and providing various plant species with proper amount of water. o Cycle controller(s) through each station manually and automatically to determine if all facets are functioning properly.
o Inspection should be performed at least monthly.
o Recover, replace, or refasten displaced or damaged valve box covers.
o Inspect and repair bubbler heads.
1037
Regional Program
Agreement No. 2022RPSSMB03
o Repair and replace broken drip lines or emitters causing a loss of water (to prevent ponding and erosion).
o Maintain drip system filters to prevent emitters from clogging.

Inspection and cleaning should occur at least monthly.
o Inspect and clean mainline filters, wye strainers, basket filters, and filters at backflow devices twice a year.
o Maintain and check function of the drip system.
• Keeping irrigation control boxes clear of vegetation
• Operating irrigation system to ensure it does not cause excessively wet, waterlogged areas, and slope failure
• Utilizing infrequent deep watering techniques to encourage deep rooting, drought tolerant plant characteristics to promote a self-sustaining, irrigation free landscape
• Determine watering schedules based on season, weather, variation in plant size, and plant varieties. At least four times a year (e.g. change of season), reschedule controller systems.
• Turn off irrigation systems at the controller at the beginning of the rainy season, or when the soil has a high enough moisture content. • Use moisture sensing devices to determine water penetration in soil.

6. Erosion Management and Control
• Inspect slopes for erosion during each maintenance activity • Inspect basins for erosion
• Take corrective measures as needed, including filling eroded surfaces, reinstalling or extending bank protection, and replanting exposed soil.

7. Ongoing Monitoring Activities
• Monitor controllable intake water flow and water elevation • Examine inflow and outflow structures to ensure devices are functioning properly and are free of obstructions.
• Water quality sampling (quarterly, unless justified otherwise) • Checking telemetry equipment
• Tracking and reporting inspection and maintenance records

8. Vector and Nuisance Insect Control
• Monitoring for the presence of vector and nuisance insect species • Adequate pretreatment of influent wastewater to lessen production of larval mosquitos
• Managing emergent vegetation
• Using hydraulic control structures to rapidly dewater emergent marsh areas • Managing flow velocities to reduce propagation of vectors 1038
City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
REPORT 23-0197
Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of March 28, 2023

PARKS, RECREATION & COMMUNITY RESOURCES

ADVISORY COMMISSION-THREE UPCOMING VACANCIES
FOR THE TERM ENDING JUNE 30, 2027
(City Clerk Myra Maravilla)
Recommended Action:

Staff recommends City Council:

1. Direct staff to immediately advertise and request applications from qualified applicants for three Parks, Recreation and Community Resources Commission vacancies for the term ending June 30, 2027; and

2. Schedule the presentation of applicants and applicant interviews on or before the regular City Council meeting on Tuesday, June 13, 2023 with the option to make an appointment on the same date.

Executive Summary:

Three Parks, Recreation and Community Resources Commission position terms will conclude on June 30, 2023. In accordance with Hermosa Beach Municipal Code Chapter 2.28, three members shall be appointed by the City Council for four-year terms ending June 30, 2027. Staff requests Council direction to begin the application process to fill the positions for the new term beginning July 1, 2023.

Background:

In accordance with Hermosa Beach Municipal Code Chapter 2.28, the Parks, Recreation, and Community Resources Advisory Commission shall consist of five members who are bona fide residents of the City and appointed by the City Council for four-year terms.

Key duties of the Parks, Recreation, and Community Resources Advisory Commission are to:

A. Act in an advisory capacity to the City Council in all matters pertaining to the department of community resources; and cooperate with other government agencies and civic groups in the advancement of sound leisure, cultural, social service and educational programming; B. Formulate policies on the services, programs and lease agreements of the department subject City of Hermosa Beach Page 1 of 3 Printed on 3/23/2023
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to the approval of the city council;
C. Advise city council on all aspects of the various operations within the department; D. Make periodic inventories of programs, services and facilities including park areas, and interpret the needs of the public to the city council;
E. Work with department staff in the preparation of the annual budget and capital improvement program including parkland development;
F. Aid in establishing and recruiting community support groups for the department’s activities, programs and services;
G. Aid in promoting and communicating the functions, programs and services of the department to the public;
H. Aid in the formulation, promotion and development of fundraising programs for the department;
I. Aid in the formulation, development and review of grant applications related to the department; and
J. Establish a liaison with the Hermosa Beach Community Center Foundation.

Discussion:

Following established procedures, staff requests City Council direction to advertise for three Parks, Recreation, and Community Resources Advisory Commission positions 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 April 7, 2023.

Based on the advertising date, staff would set an application filing deadline of 6:00 p.m. on Thursday, May 25, 2023. Applications from interested parties would be presented to the City Council at a special meeting on or before the regular meeting on Tuesday, June 13, 2023. City Council can make the appointments the at the same meeting. The three appointments to the Parks, Recreation and Community Resources Commission would be for the term ending June 30, 2027.

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 City of Hermosa Beach Page 2 of 3 Printed on 3/23/2023
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· 1.7 Diversity of representation. Strive to reflect a comprehensive cross-section of the community in appointments to Commission and Advisory Committees.

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:

None.

Respectfully Submitted by: Myra Maravilla, City Clerk
Concur: Lisa Nichols, Community Resources Manager
Approved: Suja Lowenthal, City Manager
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REVISED City Council Hybrid Meeting (Closed Session - 5:00 PM and Open Session - 6:00 PM) 03-28-23 17:00
Agenda Name Comments Support Oppose Neutral
m) REPORT 23-0197 PARKS, RECREATION & COMMUNITY

RESOURCES

ADVISORY COMMISSION-THREE UPCOMING VACANCIES
FOR THE TERM ENDING JUNE 30, 2027
(City Clerk Myra Maravilla)
1 0 1 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 m) REPORT 23-0197 PARKS, RECREATION & COMMUNITY RESOURCES

ADVISORY COMMISSION-THREE UPCOMING VACANCIES
FOR THE TERM ENDING JUNE 30, 2027
(City Clerk Myra Maravilla)
Overall Sentiment
Raymond Dussault
Location: 90254, HERMOSA BEACH
Submitted At: 10:59am 03-28-23
Dear Hermosa Beach City Council Members,
I am writing to urge you to vote against the proposed expansion of metered parking enforcement hours from 10AM to 8AM in Hermosa Beach. As a concerned community member, I believe that this proposal is not only unnecessary but also costly and potentially harmful to local businesses.

I have heard that some on City Council are concerned about early-morning surfers and volleyballers taking advantage of Hermosa's parking policies. However, the proposed solution of expanding metered parking enforcement hours is not cost-effective. At $2 per hour, there are very few people coming from outside the community to park at a meter during those early morning hours, and it is unlikely that the program will generate 1042
enough revenue to cover the associated costs.

Moreover, the proposed change could have a negative impact on local businesses, including Cafe Bonaparte, Java Man, and Martha's Restaurant - three staples of Hermosa's early morning scene. These businesses rely on early-morning customers, and expanding the metered parking hours could discourage customers from patronizing them.

Therefore, I urge the council to vote against the proposed expansion of metered parking enforcement hours.

Instead, I suggest exploring alternative solutions that are more cost-effective and do not harm local businesses.

For example, the council could consider increasing fines for parking violations during the existing metered hours, or installing additional parking meters in high-demand areas.

In conclusion, I believe that the proposed expansion of metered parking enforcement hours in Hermosa Beach is not worth the expense and potential harm to local businesses. As the City Council prepares to vote on this issue, I urge you to keep Hermosa Beach parking hours as they are and focus on more important matters that benefit the community as a whole.

Thank you for your attention to this matter.

Sincerely,
Ray
1043
City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
REPORT 23-0194
Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of March 28, 2023

PLANNING COMMISSION-TWO UPCOMING

VACANCIES FOR THE TERM
ENDING JUNE 30, 2027
(City Clerk Myra Maravilla)
Recommended Action:

Staff recommends City Council:

1. Direct staff to immediately advertise and request applications from interested parties for two Planning Commission vacancies for the term ending June 30, 2027; and

2. Schedule the presentation of applicants and applicant interviews on or before the regular City Council meeting on Tuesday, June 13, 2023 with the option to make an appointment on the same date.

Executive Summary:

The City Council filled one special vacancy on the Planning Commission with Jonathan Wicks at its special meeting on Monday, February 27, 2023, for the term ending June 30, 2023. Staff requests Council direction to begin the application process to fill two upcoming vacancies 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.

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.

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Past Council Actions
Meeting Date Description
February 27, 2023 The City Council appointed Jonathan Wicks to fill the term ending June 30, 2023 at a special meeting on February 27, 2023 after the Planning Commission seat was vacated with the election of Councilmember Saemann in November
2022.

Discussion:

Following established procedures, staff requests City Council direction to advertise for two Planning Commission member positions 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 April 7, 2023.

Based on the advertising date, staff would set an application filing deadline of 6:00 p.m. on Thursday, May 25, 2023. Applications from interested parties would be presented to the City Council at a special meeting on or before the regular meeting on Tuesday, June 13, 2023. Appointments can be made by the City Council at the same meeting. The two appointments to the Planning Commission would be for the terms ending June 30, 2027.

The City Clerk has recent applications on file from Angie Silverman, Anne Williams, Kate Hirsch, and Liliana Lettieri. City Council may direct staff to advertise one or both upcoming Planning Commission vacancies, and direct staff to reach out to past applicants for reconsideration by the City Council.

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.

Goal 2. The community is active and engaged in decision-making process.

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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. Link to February 27, 2023 City Council Agenda
Respectfully Submitted by: Myra Maravilla, City Clerk
Concur: Carrie Tai, 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
REPORT 23-0131
Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of March 28, 2023
ADOPTION OF ORDINANCE NO. 23-1459 OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING HERMOSA BEACH MUNICIPAL CODE SECTION 1.10.040 PARAGRAPH (A) TO INCLUDE VIOLATIONS OF TITLE 15, “BUILDINGS
AND CONSTRUCTION” AND CHAPTER 8.24 NOISE CONTROL IN LIST OF VIOLATIONS

SUBJECT TO ADMINISTRATIVE CITATION PROCEDURES
(Community Development Director Carrie Tai)
Recommended Action:

Staff recommends City Council:

1. Waive the full second reading and adopt Ordinance 23-1459 of the City of Hermosa Beach, California, amending Section 1.10.040 Paragraph (A) of the Hermosa Beach Municipal Code to include to include violations of Title 15, “Buildings and Construction” and Chapter 8.24 Noise Control in list of violations subject to administrative citation procedures. (Attachment 1); and

2. Direct staff to print and publish the summary ordinance in a newspaper of general circulation within 15 days following adoption and post it on the City’s bulletin for 30 days.

Executive Summary:

At its March 14, 2023 meeting, City Council introduced and waived first reading of Ordinance 23- 1459, amending Section 1.10.040 Paragraph (A) of the Hermosa Beach Municipal Code to include to include violations of Title 15, “Buildings and Construction” and Chapter 8.24 Noise Control in list of violations subject to administrative citation procedures. This enables to the City to issue administrative citations for violations of Title 15 and Chapter 8.24.

Background:

Cities in California are required to adopt the volumes of the Building Standards Code by reference.

Title 15 of the HBMC comprises the Building Standards Code adopted by reference, along with local amendments. Title 15 consists of regulations for all construction, including but not limited to buildings (structural), electrical, mechanical, and plumbing. Title 15 requires that a property owner or contractor obtain required permit(s) prior to undertaking construction, with the failure to do so potentially constituting a violation in the form of a misdemeanor. Also, the City’s Noise Control regulations limit construction to the hours of 8:00 a.m. to 6:00 p.m., Monday to Friday, and 8:00 a.m. to 5:00 p.m. on City of Hermosa Beach Page 1 of 4 Printed on 3/25/2024
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REPORT 23-0131
construction to the hours of 8:00 a.m. to 6:00 p.m., Monday to Friday, and 8:00 a.m. to 5:00 p.m. on Saturday.

The City’s Community Development Department, Building and Safety Division is responsible for the review of building plans, permit issuance, and construction inspection, to ensure that the proposed construction and activity comply with regulations and are safe. The Division also responds to complaints and observations of construction work without permits, or work exceeding the scope of issued permits, or work taking place outside of allowable construction hours.

When the City observes work being performed without necessary permits, staff issues a “stop work” notice with a requirement for the responsible party to initiate the process to submit permit applications and plans to obtain necessary permits. Similarly, when the City receives reports of construction taking place outside of allowable construction hours, the City can issue verbal or written warnings to the responsible party. However, if the responsible party continues to violate regulations, the City may either pursue “cease and desist” orders through legal counsel or a $1,000 fine or arrest through prosecution. Both options are time and labor intensive, do not lead to compliance, and continue to expose persons on or nearby the property to potentially dangerous conditions. In 2022, the City received over 200 complaints of possible unpermitted construction and construction outside allowable hours. While most responsible parties act promptly to rectify violations, approximately 10 percent require numerous and repeated warnings as violations persist. To add Title 15 violations to this list, an amendment to Section 1.10.040 is required via ordinance.

Past Council Actions
Meeting Date Description
March 14, 2023 City Council introduced and waived first reading of an Ordinance of the City of Hermosa Beach, California,
amending Section 1.10.040 Paragraph (A) of the Hermosa
Beach Municipal Code to include to include violations of Title 15, “Buildings and Construction” and Chapter 8.24 Noise Control in list of violations subject to administrative citation procedures
Discussion:

Staff requests violations of Title 15 and Chapter 8.24 be included in the list of violations subject to administrative citation procedures. In addition to posting of a “stop work” notice and warnings, this procedure would entail the City issuing a Notice of Violation to a responsible party detailing the time period within which to comply.

If the responsible party failed to comply within that time period or continued to work despite the posting of a “stop work” notice, the City would be able to issue an administrative citation, consisting of a first violation fine. Administrative citations may be appealed. Appeal hearings are decided upon City of Hermosa Beach Page 2 of 4 Printed on 3/25/2024
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REPORT 23-0131
of a first violation fine. Administrative citations may be appealed. Appeal hearings are decided upon by a hearing officer. Administrative citations that are not appealed and not paid are referred to collections. Unresolved violations may be cited subsequent times. The City may also pursue greater remedies, such as prosecution, for unresolved violations.

Allowing violations of Title 15 to be subject to administrative citations would reduce the time and administrative burden of pursuing misdemeanors to incentivize compliance. Building and construction violations potentially lead to dangerous conditions, so timeliness is a consideration in bringing these violations into compliance. A first citation with a fine is often sufficient to incentivize compliance.

Section 1.10.010 of the HBMC states that the use of administrative citations does not prevent the City from using other methods of enforcement or abatement, including prosecution or arrest for misdemeanors. The HBMC also provides that the City may require permit fees of up to quadruple rate for permits obtained “after the fact.”
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 2. The community is active and engaged in decision-making processes .

Policy:
· 2.6 Responsive to Community Needs. Continue to be responsive to community needs.

Goal 7. Community sustainability and health are a priority in policy and decision-making.

Policy:
· 7.6 Livability Principles. Amend of update policies that may run counter to livability principles.

Land Use Element
Goal 5. Quality and authenticity in architecture and site design in all construction and renovation of buildings.

Policy:
· 5.2 High quality materials . Require high quality and long-lasting building materials on all new development projects in the city.

Environmental Determination:

Pursuant to the California Environmental Quality Act Guidelines section 15061(b)(3), it can be seen with certainty that there is no possibility that the activity contemplated by this ordinance may have a significant effect on the environment.

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Fiscal Impact:

There may be a slight positive fiscal impact resulting from this recommended change from reductions in staff time in follow-up with non-complying properties, coordination with the City’s legal counsel, and prosecution efforts. The City’s administrative citation procedures already exist for other purposes and no additional modifications are needed.

Attachments:

1. Draft Ordinance

2. Link to March 14, 2023 City Council Staff Report
Respectfully Submitted by: Carrie Tai, AICP, Community Development Director Noted for Fiscal Impact: Viki Copeland, Finance Director Legal Review: Patrick Donegan, City Attorney
Approved: Suja Lowenthal, City Manager
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CITY OF HERMOSA BEACH
ORDINANCE NO. 23-XXXX

AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
AMENDING HERMOSA BEACH MUNICIPAL CODE SECTION 1.10.040
PARAGRAPH (A) TO INCLUDE VIOLATIONS OF TITLE 15, “BUILDINGS AND CONSTRUCTION” IN LIST OF VIOLATIONS SUBJECT TO ADMINISTRATIVE

CITATION PROCEDURES

THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Section 1.10.040 “Code violations” [subject to administrative citations] of the Hermosa Beach Municipal Code is hereby amended to add subsection (A)(26) and (27) as follows:

26. Title 15, Building and Construction.

27. Chapter 8.24, Noise Control
SECTION 2. Effective Date. This Ordinance shall take effect thirty (30) days after its passage and adoption pursuant to California Government Code section 36937.

SECTION 3. Certification. The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City’s book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law.

PASSED, APPROVED and ADOPTED on this 14th day of March, 2023.

Ray Jackson
PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, CA 1051
ATTEST: APPROVED AS TO FORM:
________________________________ ________________________________ Myra Maravilla Patrick Donegan
City Clerk City Attorney
1052
Ordinance No. 23-XXX - Legislative Digest (for reference only) 1053
City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
REPORT 23-0163
Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of March 28, 2023
ADOPTION OF ORDINANCE NO. 23-1460 OF THE CITY OF HERMOSA BEACH, CALIFORNIA AMENDING CHAPTER 1.06 (OFFICIAL SEAL AND LOGO OF THE CITY) OF TITLE 1 (GENERAL PROVISIONS) OF THE HERMOSA BEACH MUNICIPAL CODE TO REGULATE THE

USE OF CITY INSIGNIA AND FINDING THE SAME EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT
(City Manager Suja Lowenthal)
Recommended Action:

Staff recommends City Council

1. Waive full second reading and adopt Ordinance No. 23-1460 titled, “An Ordinance of the City of Hermosa Beach, California Amending Chapter 1.06 (Official Seal and Logo of the City) of Title 1 (General Provisions) of the Hermosa Beach Municipal Code to Regulate the Use of City insignia and Finding the Same Exempt from the California Environmental Quality Act” ( (Attachment 1); and

2. Direct City Clerk to print and publish a summary ordinance in a newspaper of general circulation within 15 days following adoption and post it on the City’s bulletin for 30 days.

Executive Summary:

In addition to its official seal and logo, the City of Hermosa Beach develops other unique graphics or “City insignia” to identify City events or programs. At its March 14, 2023, City Council approved staff’s recommendation to amend Chapter 1.06 (Official Seal and Logo of the City) to include “City insignia” to protect it against replication and unapproved use.

Background:

The City of Hermosa Beach is a scenic beachfront city and popular tourist attraction known for its many diverse restaurants, local retailers, and popular commercial areas. Preserving the City’s distinct identity through the use of the City’s logo, seal, and other unique graphics has been a focal point of the City for decades.

At its June 9, 2020 meeting, City Council adopted Ordinance No. 20-1411 (Attachment 2) adding Chapter 1.06 (Official Seal and Logo of the City) to the Hermosa Beach Municipal Code, approving a City of Hermosa Beach Page 1 of 5 Printed on 3/25/2024
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REPORT 23-0163
refreshed City logo, and establishing use regulations for its City seal and City logo.

At its March 14, 2023, City Council approved staff’s recommendation to amend Chapter 1.06 (Official Seal and Logo of the City) to include “City insignia” to protect it against replication and unapproved use by adopting regulations pertaining to its use.

Past Council Actions
Meeting Date Description
March 14, 2023 City Council approved amending Chapter 1.06 (Official Seal and Logo) of the City’s municipal code to include City insignia.

June 9, 2020 Added Chapter 1.06 (Official Seal and Logo of the City) to Hermosa Beach Municipal Code
August 27, 2019 Hermosa Beach Branding and Signage and Logo Refresh Contest Update
February 7, 2018 Study Session on Visual Identity and Brand for the City of Hermosa Beach
Discussion
The City expends valuable time and resources designing City insignia including logos, marks, and emblems for City use to identify official City events or programs. An example is the City’s “brandmark” and “wordmark” images below. The City developed the brandmark and wordmark images in 2021 and they are regularly used in print and digital communications such as flyers, social media graphics, email signatures, and the City website.

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Staff Report
REPORT 23-0163
email signatures, and the City website.

Staff uses City insignia, including its logo, in all official City of Hermosa Beach communications including news, programs, events, and services. Misuse or unauthorized use of City insignia can cause confusion or misrepresentation that a statement, event, or organization is supported or endorsed by the City.

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Staff Report
REPORT 23-0163
With the advent of electronic media, the replication and unapproved use of City insignia has become a greater issue and concern. Staff recommended City Council approve an amendment to the Hermosa Beach Municipal Code to protect against the replication and unapproved use of City insignia. The proposed regulations pertaining to City insignia use are similar to the City’s existing regulations pertaining to its City logo and seal.

Adopting use regulations protecting against the misuse of City insignia is a valid exercise of the City’s regulatory powers pursuant to Article 11, section 7 of the California Constitution which grants the City broad discretionary power to, “make and enforce within its limits all local police, sanitary, and other ordinances and regulations not in conflict with general laws.” 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 2. The community is active and engaged in decision-making processes.

Policy:
· 2.1 Multiple outreach methods. Consistently engage in community outreach through neighborhood forums, social media, the latest technologies, personal interaction, and other methods on a regular basis.

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

Policy:
· 6.1 Long-Term economic development. Support the development and implementation of long-term economic development strategies that seek to establish and keep new businesses and a strong middle class in Hermosa Beach over the decades to come.

Fiscal Impact:

There is no fiscal impact associated with the recommended action.

Attachments:

1. Draft Ordinance

2. Ordinance 20-1411

3. Link to February 7, 2018 City Council Staff Report

4. Link to August 27, 2019 City Council Staff Report

5. Link to June 9, 2020 City Council Staff Report
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REPORT 23-0163

6. Link to March 14, 2023 City Council Staff Report
Respectfully Submitted by: Sirinya Matute, Senior Management Analyst Noted for Fiscal Impact: Viki Copeland, Finance Director Legal Review: Patrick Donegan, City Attorney
Approved: Suja Lowenthal, City Manager
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ORDINANCE NO. 23-____

AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
AMENDING CHAPTER 1.06 (OFFICIAL SEAL AND LOGO OF THE CITY) OF TITLE 1 (GENERAL PROVISIONS) OF THE HERMOSA BEACH

MUNICIPAL CODE TO REGULATE THE USE OF CITY INSIGNIA AND

FINDING THE SAME EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT.

THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. FINDINGS
A. The City of Hermosa Beach (“City”) recognizes the importance of developing unique graphics and branding to reinforce the City’s distinctive identity.

B. Chapter 1.06 of the City’s Municipal Code establishes regulations for the use of its official City Logo and City Seal.

C. In addition to its logo and seal, the City has expended significant time and resources in designing and developing other “City Insignia” that includes logos, marks and emblems used by the City for City business to identify official City events and programs.

D. The City desires to amend its Municipal Code to protect against the replication and unapproved use of City Insignia by adopting regulations pertaining to its use similar to the City’s existing regulations pertaining to its City logo and seal.

E. This ordinance is adopted pursuant to the City’s police powers under Article 11, section 7 of the California Constitution.

SECTION 2. Custody And Use Of The City Seal, Logo And City Insignia. The title of Chapter 1.06 of the City of Hermosa Beach Municipal Code is hereby amended as follows: “Chapter 1.06 “Custody and Use of the City Seal, Logo and City Insignia”.

SECTION 3. City Insignia. Section 1.06.025 “City Insignia” is hereby added to read as follows:

A. “City Insignia” means in addition to the City Seal and City Logo as designated by the City Council, any other logos or emblems 1059
depicting or including the City of Hermosa Beach, as approved by the City Manager.

B. It shall be unlawful for any person to make, reproduce, manufacture, display, or use City Insignia, or any design so closely resembling the same as to be apt to deceive or be reasonably mistaken for in any way City Insignia for any purpose other than for official city business, a city-sponsored event or program, or a city-endorsed event or program, without approval of the city council.

SECTION 4. Manufacture And Sale Of Souvenir And Decorative Items. Section

1.06.050 “Manufacture and sale of souvenirs and decorative items” is hereby amended to read as follows:
“Nothing in this chapter shall prevent a person from manufacturing or selling non-documentary objects, such as souvenirs or decorative items, bearing the city logo or city insignia as part of the design; provided, that such person undertakes such activity pursuant to agreement with the city, approved by the city council, containing such requirements and limitations as the city council shall deem appropriate to assure that such use of the city logo and city insignia is in good taste and in the best interests of the city of Hermosa Beach.

SECTION 5. Use of City Seal, Logo and Insignia for Political Campaigns. Section

1.06.060 “Use of city seal and logo for political campaign prohibited” is hereby amended to read as follows:

Section 1.06.060 “Use of city seal, logo and insignia for political campaign prohibited”
“No person or campaign committee shall use the city seal, logo, insignia or its design or any design so closely resembling the same as to be apt to deceive or be reasonably mistaken for in any way for the city seal, logo, or city insignia for purposes of supporting or opposing the nomination or election of any person to any city or other public office, or for purposes of supporting or opposing any ballot measure, nor include such city seal, logo or insignia on any writing distributed for purposes of influencing the action of the electorate, or any part thereof, in any election. This section shall not be applicable to writings issued by the city of Hermosa Beach or the city council as a whole pursuant to law.

SECTION 6. Custodian Of City Seal, Logo, And Insignia. Section 1.08.070 “Custodian of city seal and logo” is hereby renumbered and amended to read as follows:
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Section 1.06.070. “Custodian of city seal, logo, and insignia” “The city clerk of the city of Hermosa Beach shall be the official custodian of the of the City seal, logo and other City insignia.

SECTION 7. Penalty. Section 1.08.080 “Penalty” is hereby renumbered to read as follows:

Section 1.06.080 “Penalty”
SECTION 8. All other sections of Chapter 1.06 of the City of Hermosa Beach Municipal Code shall remain unchanged.

SECTION 9. Environmental Review. The City Council finds that adoption and implementation of this ordinance is not a “project” for purposes of the California Environmental Quality Act (CEQA), as that term is defined by CEQA guidelines (Guidelines) sections 15061(b)(3), and 15378(b)(5). The effect of the proposed amendment will be to maintain the status quo. No new development will result from the proposed action. No impact to the physical environment will result. The City Council also alternatively finds that the adoption and implementation of this ordinance is exempt from the provisions of CEQA as an administrative activity by the City of Hermosa Beach, that will not result in any direct or indirect physical change in the environment, per sections 15061(b)(3), and 15378(b)(5) of the CEQA Guidelines.

SECTION 10. Severability.If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or any part thereof is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase be declared unconstitutional.

SECTION 11. Effective Date. Pursuant to California Government Code section 36937, this ordinance shall take effect thirty (30) days after its final passage.

SECTION 12. Certification. The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of Hermosa Beach’s book of original ordinances; make a note of the passage and adoption in the records of this meeting; and cause it to be published or posted in accordance with California law.
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PASSED, APPROVED and ADOPTED this 14th day of March 2023.

Raymond Jackson
PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California
ATTEST: APPROVED AS TO FORM:
___________________________ ___________________________ Myra Maravilla Patrick Donegan
City Clerk City Attorney
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Ordinance No. 23-XXX
Legislative Digest (for reference only)
“ Chapter 1.06 Custody and Use of the City Seal, Logo, and City “1.06.050 Manufacture and sale of souvenirs and decorative items.

Nothing in this chapter shall prevent a person from manufacturing or selling nondocumentary objects, such as souvenirs or decorative items, bearing the city logo or city insignia as part of the design; provided, that such person undertakes such activity pursuant to agreement with the city, approved by the city council, containing such requirements and limitations as the city council shall deem appropriate to assure that such use of the city logo is in good taste and in the best interests of the city of Hermosa Beach.
“1.06.060 Use of city seal, logo, or insignia for political campaign prohibited.

No person or campaign committee shall use the city seal,logo, insignia, or its design or any design so closely resembling the same as to be apt to deceive or be reasonably mistaken for in any way the city seal or logo, for purposes of supporting or opposing the nomination or election of any person to any city or other public office, or for purposes of supporting or opposing any ballot measure, nor include such city seal or logo on any writing distributed for purposes of influencing the action of the electorate, or any part thereof, in any election. This section shall not be applicable to writings issued by the city of Hermosa Beach or the city council as a whole pursuant to law. “1.06.070 Custodian of city seal,logo and insignia
The city clerk of the city of Hermosa Beach shall be the official custodian of the City seal,logo, and other City insignia .
“1.06.080 Penalty.”
Any person or persons violating the provisions of this chapter shall be guilty of a misdemeanor and subject to punishment in accordance with Chapter 1.04.

Each and every day during any portion of which the provisions of this chapter are violated shall constitute a separate offense and may be punished accordingly.
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City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
REPORT 23-0172
Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of March 28, 2023
APPROVAL OF NEW 2023 IMPACT LEVEL II SPECIAL EVENT
(Senior Recreation Supervisor Brian Sousa)
Recommended Action:

Staff recommends City Council hold a Public Hearing to approve the Parks, Recreation and Community Resources Advisory Commission’s recommendation to include a new Impact Level II special event, USA Volleyball (USAV) Beach Trials, on the Volleyball Courts north of the Pier from Monday, June 19 to Thursday, June 22, 2023, on the 2023 Special Events Calendar.

Executive Summary:

The City of Hermosa Beach is a highly sought-after destination for special events. The Community Resources Department is tasked with overseeing these event requests and permits on public property. New events require approval by City Council through a Public Hearing.

At its March 7, 2023 meeting, the Parks, Recreation and Community Resources Advisory Commission (Commission), through a Public Hearing, recommended City Council approve the new Impact Level II special event, the USAV Beach Trials on the Volleyball Courts north of the Pier from Monday, June 19 to Thursday, June 22, 2023 on the 2023 Special Event Calendar.

Background:

The Special Events Policy Guide (Attachment 1) serves as a comprehensive document for event producers with information on the review and approval process, applicable fees, policies, and Hermosa Beach Municipal Code chapters and sections pertaining to special events. Special events are evaluated based on several factors, and are categorized as either Impact Level I, II, or III using the Impact Characteristics Matrix in the Special Events Policy Guide. The matrix considers event characteristics to determine the Impact Level such as: the total estimated attendance; the event location; the day and season in which the event would take place; the total number of consecutive event days; and special requests such as reserved parking, amplified sound, etc. The Impact Level of the event is then used to determine the deadline for application submittal, and the level of review and approval required (City staff, Commission, and/or City Council) for the event. Impact Level III events, which are events with the largest impact to the City, and new events require approval by City Council.

Impact Level II events require approval by the Commission and Impact Level I events are approved by staff.

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REPORT 23-0172
Staff began accepting applications from all event producers interested in applying for 2023 event dates regardless of each event’s Impact Level on August 11, 2022. The initial review of returning events was scheduled for the Commission and City Council from October through December 2022.

New events are scheduled for review following the review of returning events. Staff continues to accept applications from event producers after the initial due dates that meet the processing timeframe and requirements based on the event’s Impact Level as outlined in the Special Event Policy Guide.

At its March 7, 2023 meeting, the Parks, Recreation and Community Resources Advisory Commission (Commission), through a Public Hearing, recommended City Council approve the new Impact Level II special event, the USAV Beach Trials on the Volleyball Courts north of the Pier from Monday, June 19 to Thursday, June 22, on the 2023 Special Event Calendar.

Past Commission Actions
Meeting Date Description
March 7, 2023 Commission recommended to City
Council approval of the USAV Beach
Trials on the Volleyball Courts north of the
Pier on Monday, June 19 through
Thursday, June 22, 2023
Discussion:

Staff received a new Impact Level Il Special Event Application. A summary of the event request is included below. An event overview sheet containing additional event details and a corresponding site plan is included as Attachment 3. The new Impact Level II special event recommended for approval is included on the 2023 Special Events Calendar (Attachment 4).

USAV Beach Trials
USAV requests approval to hold youth and adult beach volleyball trials on the Volleyball Courts north of the Pier from Monday, June 19 to Thursday, June 22, 2023. The event anticipates 150 participants and 100 spectators each day. Additional event details are included in the USAV Beach Trials event overview sheet (Attachment 3). Estimated permit fees payable to the City are included in Table 1 below.

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REPORT 23-0172
Table 1: USAV Beach Trials Estimated Permit Fees
Fee Cost Calculation Total
Application
(Non-profit)
$664 - $664
Category l
(Non-profit)
$2 per registrant $2 x 150 participants $300
Amplified Sound
Permit
$195 - $195
Parking $1.25 per hour
(8am-8pm)
$1.50 per hour
(8pm-8am)
- TBD
Estimated Permit Fees Total: $1,159
* Additional fees may apply due to required staffing and/or services from the City of Hermosa Beach’s Community Resources Department, Police Department, Public Works Department, and the Los Angeles County Fire Department.

General Plan Consistency:

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

Governance Element
Goal 5. Small beach town character is reflected throughout Hermosa Beach.

Policy:
• 5.7 Visitor and resident balance. Recognizing the desire and need to balance visitor-serving and local-serving uses as a key to preserving character and the economic vitality of the community.

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Parks and Open Space Element
Goal 3. Community parks and facilities encourage social activity and interaction.

Policies:
• 3.1 Community-friendly events. Encourage, permit, and support community group, nonprofit, or business organized events on City property that support physical activity, beach culture, and family-friendly social interactions.
• 3.2 Social and cultural events. Design and program parks and open space to accommodate unique social and cultural events to foster connectedness and interaction. • 3.3 Commercial use of facilities. Regulate and enforce commercial use of City parks and open spaces to ensure activities do not impact general use and enjoyment.

Goal 7. The beach offers high quality recreational opportunities and amenities desired by the community.

Policies:
• 7.3 Recreational asset. Consider and treat the beach as a recreational asset and never as a commercial enterprise.
• 7.5 Designated recreational uses. Continually evaluate and explore devoting certain portions of the beach to different preferred recreational uses while providing access for all users and meeting the recreation needs of visitors and residents.

Fiscal Impact:

If approved, estimated event revenue would be approximately $1,159.

Attachments:

1. Special Events Policy Guide

2. Link to March 7, 2023, Commission Staff Report

3. USAV Beach Trials Event Overview Sheet

4. 2023 Special Events Calendar
Respectfully Submitted by: Brian Sousa, Senior Recreation Supervisor Concur: Lisa Nichols, Community Resources Manager
Noted for Fiscal Impact: Viki Copeland, Finance Director Legal Review: Patrick Donegan, City Attorney
Approved: Suja Lowenthal, City Manager
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HERMOSA BEACH

SPECIAL EVENTS POLICY GUIDE
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1 This policy guide has been developed to clarify and carry out the City’s mission statement related to special events that occur on outdoor public spaces within the community.

Cover Image: Hermosa Beach Murals Project - John Van Hamersveld Mission Statement
Hermosa Beach strives to offer a safe and enjoyable environment for special events to take place in a way that balances resident and visitor needs. Special events in Hermosa Beach are celebrated for being community-friendly, enhancing local beach culture, and offering a myriad of benefits to the local community. The City of Hermosa Beach* works collaboratively with event operators in an efficient and clear manner to process and carry out permits in compliance with this policy.
* “City of Hermosa Beach” collectively refers to City staff, Parks, Recreation and Community Resources Advisory Commission, City Manager, and City Council.

City Contact Information
The City of Hermosa Beach Department of Community Resources is available to assist and answer any questions related to the special events process:

Website: www.hermosabeach.gov
Phone: (310) 318-0280
Email: [email protected]
Address: 710 Pier Avenue, Hermosa Beach, CA 90254
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2 Table of Contents
General Information + Frequently Asked Questions.......................................................................................3 When is a special event permit required?
How do I apply for a special event permit?
Are private events allowed?
What is the “Nothing Weekend”?
How will this policy be enforced?
Where are special events allowed?
Use Classification + Impact Characteristics……………………………………………….…...…………………5 Impact Characteristics Matrix
Pass-Through Events
Pier Plaza Promotions
Approval Guidelines + Requirements……………………………………………………………………….…….6 Event Approval Findings
Application Submittal Deadlines and Approval Process
Peak Season Event Limits
Simultaneous Use of North and South Volleyball Courts
Pre/Post Event Meetings
Accessibility Plan
Site Plan, Equipment, and Signage
Amplified Sound
Food, Beverage, or Merchandise Sales
Professional Filming
Security
Insurance
Event Day Expectations
Applicable Fees…………………………………………………………………………………….……………10 Current Fee Schedule
Application Fees
Special event permit Fee
Additional Fees
Damage Deposit
Refund/Cancellation Policy
Compliance…...…………………………………………………………………………………………...……12 Environmental Requirements
Applicable Codes + Regulations
Fee Waivers…...…………………………………………………………………………….…………...………13 Funding Limits
Eligibility
Approval
Obligations
Disqualification
Long-term Agreements………………………………………………………………………………..…………14 Eligibility
Term Limits
Procedures
Obligations
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3 General Information + Frequently Asked Questions
When is a special event permit required?
Any organized event, activity, celebration, or function involving the use of the beach at which one hundred or more persons are to be assembled, or use of outdoor city facilities, rights-of-way, or parkland at which twentyfive or more persons are to be assembled, requires a special event permit. Additionally, a special event permit shall be required for any commercial or non-profit group requesting use of any outdoor city facilities, rights-ofway, or parkland within the city.

How do I apply for a special event permit?
Applications for special events must be submitted using the online form on the City of Hermosa Beach website and questions may be directed toward the Department of Community Resources.

Are private events allowed?
All events located on the beach within the commercial zone, the Pier, or Pier Plaza must be open to spectators/general public free of charge. Participant entry fees are permissible.

What is the “Nothing Weekend”?
On at least one weekend during each summer season, the Parks, Recreation and Community Resources Advisory Commission will recommend no special event permits be issued. This means that any application for a special event permit that coincides with the designated “Nothing Weekend” will be asked to change dates for the event to be considered.

How will this policy be enforced?
The special events policy will be strictly enforced by Community Resources Department, Code Enforcement Officers, and the Police Department. Events, either permitted or unpermitted, found to be violating City policy or failing to comply with any of the requirements of the Hermosa Beach Municipal Code may be subject to penalties or fines. Special events, and any of its participants, vendors, or spectators, found to have caused damage or be in violation of any City policy or the Hermosa Beach Municipal Code may be subject to greater deposits, regulation, or restrictions when submitting special event applications in the future.

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

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

Special event permits will not be issued for South Park, 425 Valley Drive, or Noble Park, 1400 The Strand. 1076
4 Commercial Zone
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5 Use Classifications + Impact Characteristics
Special events are evaluated based on several factors and will be categorized as Impact Level I, II, or III based on the information provided in the special event application. Once the information is submitted and reviewed by the Community Resources Department, City staff will determine the Impact Level of the event using the Impact Characteristics Matrix.

The Impact Level of the event will be used to determine:
o applicable fees;
o deadline for the special event application submittal; o requirements for pre-event meeting(s) and post event walk through(s); and o level of review for approval (City staff, Parks, Recreation and Community Resources Advisory Commission and/or City Council).

Impact Characteristics Matrix
If more than one option is applicable, the highest characteristic will be used to determine the impact level.

Characteristic Impact Level I Impact Level II Impact Level III Total Attendees and Spectators
Per Event Day
100-500 501 – 1,999 2,000 or More
Event Location(s) Park or Beach The Pier or Pier Plaza Streets, the Strand, or Public Right of Way
Use of Volleyball Courts and
Beach Tennis Courts
None • North
Volleyball
Courts; or
• Beach
Tennis Courts
• North and South
Volleyball Courts;
or
• North and South
Volleyball Courts
and Beach Tennis
Courts; or
• North Volleyball
Courts and Beach
Tennis Courts
Event Season(s) Winter Spring or Fall Summer –
Peak Season
(Memorial Day to
Labor Day)
Event Day(s) Monday - Thursday Friday, Saturday, or
Sunday
Holiday
Total Consecutive Event Days
(Including Set-up and Tear-down)
1-2 3-4 5 or More
(May not exceed 15)
Additional requests such as Film/Still
Photo Permit, Reserved Parking,
Fencing, Staging, Street Closures, or
Amplified Sound Permit
None 1-2 3 or more
Impact Level 5 or More
Applicable
=Impact Level I
2 or More
Applicable
= Impact Level II
2 or more Applicable =
Impact Level III
Pass-Through Events
A pass-through event is exactly what the name implies, the event participants pass through the City of Hermosa Beach and the event does not start or end in Hermosa Beach. A special event application is required to be submitted and pass-through events are required to follow the approval process required based on the Impact Level assigned to the event.

Pier Plaza Promotions
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6 The Pier Plaza Promotion option is designed to provide companies or event sponsors a one-day promotional opportunity on Pier Plaza subject to the Pier Plaza Use fee. These events must be strictly commercial product or service promotions and not special events. Companies or sponsors who request approval for this use will be required to submit a special event application. Up to five Pier Plaza Promotions may be approved each calendar year.

Approval Guidelines + Requirements
Event Approval Findings
A special event permit may be issued upon finding that:

1. The applicant reimburses the City for all costs incurred by the City in connection with the event, including public safety, traffic control and monitoring.

2. The number of estimated attendees can be accommodated at the proposed location and surrounding area.

3. The applicant is capable and qualified to manage the event in a competent, professional manner in accordance with all conditions of approval.

4. Adequate provision has been made for satellite parking, shuttle transportation and traffic control (as requested and determined by City staff).

5. Adequate provision has been made for security, crowd control, ingress and egress, and clean-up (as requested and determined by City staff).

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

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

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

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

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

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

The Parks, Recreation and Community Resources Advisory Commission and City Council will evaluate and recommend approval of returning Impact Level III events and a “Nothing Weekend” first, and then will consider approval of returning Impact Level II events. Then staff will consider approval of Impact Level I events. Events submitted earliest will be given priority for their preferred dates. 1079
7 Review Timeline
(Returning Events)
Application Period
Opens
Last Day to
Submit Application
Parks, Recreation and
Community Resources
Advisory Commission
Review
City Council Review
Impact Level I
October 15
(for following
calendar year)
30 days prior to event n/a n/a
Impact Level II
October 15
(for following
calendar year)
90 days prior to event Beginning in
December n/a
Impact Level III July 1
(for following
calendar year)
July 30
(for following
calendar year)
September Meeting October Meeting
At the discretion of the Community Resources Manager, special event applications may be submitted for consideration after the application submittal deadline has passed, provided:
• there are unforeseeable circumstances (memorial service, team victory celebration, need for minimal marketing/advertising)
• the event does not exceed Peak Season Event Limits
• the event can still meet all of the event approval findings The Community Resources Manager and the City’s Special Events Team will participate in the review and approval of special event applications submitted after the deadline has passed. The Parks, Recreation and Community Resources Advisory Commission and City Council will receive an update on the status of events submitted after the deadlines.

Event organizers are expected to be present at the Parks, Recreation and Community Resources Advisory Commission and City Council meetings (if required) where their event is scheduled to be reviewed.

Peak Season Event Limits
To balance coastal access with beach events, the Beach, the Strand, and Pier Plaza will be limited to the following number of events during the peak summer season (Memorial Day to Labor Day – approximately 100 days over the summer):
o Maximum of 45 days used by Level III Events
o Maximum of 25 days used by Level I and II Events, and (on days not used by Level III Events) Events under a Long-Term Agreement will be categorized by their Impact Level o City Sponsored/Contracted Events will be categorized by their Impact Level The monthly number of event limits for off-peak season (Labor Day to Memorial Day) will be limited to a maximum of 15 days used by events per month. Additionally, only two events per any given day will be permitted in the City.

Simultaneous Use of North and South Volleyball Courts
One side of the North and South of Pier Volleyball courts will be required to remain open for general public use during special events occurring on weekends. An exception may be provided for events that occur at the same time as City-sponsored classes utilizing the North or South of Pier Volleyball Courts or at the discretion of the Parks, Recreation and Community Resources Advisory Commission and City Council.

Impact to Beach Tennis Courts
Any event requesting removal of the Beach Tennis Courts must provide one of the following:
• An event footprint that would allow for at least three of the permanent Beach Tennis Courts to remain for general public use; or
• Temporary Beach Tennis Courts available for general public use. o Temporary courts must remain at least 50 feet from the strand wall and shall not block beach access or hinder emergency access onto and from the beach by the Los Angeles County Lifeguards. If temporary courts are provided outside of the Commercial Zone, outside of the event footprint, it is the responsibility of the event producer to set-up and remove the courts daily as they are not permitted to remain overnight.
1080
8 o The City and Beach Tennis community would assist with providing the temporary poles and nets to the event producer and provide guidance for installation/removal.

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

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

Pre/Post Event Meetings
Pre-event meetings and post-event walkthrough/evaluations with City staff and event producers may be required.

A “pre-event meeting” may be scheduled anytime between 3 months to several weeks prior to the actual event date as determined by City staff. The goal of this meeting is to provide information to all City Departments involved or impacted by the event. The Community Resources Department may require any event to have an “on-site meeting” prior to the event and a final site map must be presented at this time. City staff may require multiple meetings if the event details require further discussion or if additional information is requested. First-time events that expect to be recurring events may also be required to attend a “post-event meeting.” The Community Resources Department will invite representatives from other City Departments to these meetings, which are involved or affected by the event.

Permits may also specify a time for a “post-event walkthrough” where the applicant, event coordinator, or an authorized representative of the applicant is required to be present, as staff will walk through the site and assess the condition it was left in. Failure to participate in pre or post meeting events, may jeopardize your approved event or future events in Hermosa Beach.

Site Plan, Equipment, and Signage
A detailed map schematic must be submitted to move forward with the review and approval process that includes the proposed location of the event, including all temporary facilities, structures, signage, and /or equipment to be erected, ingress and egress, number and type of vehicles and whether existing structures and/or facilities are to be relocated or modified. Events requiring Building, Police, or Fire Department review, must include maps and plans that are drawn to scale.

All recreational activities and set-up of recreational equipment should remain at least 50 feet from the Strand wall. Special considerations may be made for permitted, and City approved recreational events or activities.

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

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

A parking plan showing the number of public parking spaces to be occupied by the event organizers, the location of satellite parking lots to be used for attendee parking, arrangements for shuttle bus transportation, and plans for publicizing the availability of off-site public parking may be required.

Events that set up bleachers, stages higher than 2’ off the ground, fencing or other temporary structures will be subject to review and inspection prior to the start of the event. Accessibility compliance will be required for seating, bleachers or any stages higher than 2’ off the ground. Pedestrian access shall be maintained, and a layout plan may be required to ensure proper access and circulation.

Events including promotional signs/banners, a frame signs, and other signage items shall not be placed on City facilities or premises without prior written approval from the City and must include a temporary sign/banner permit and site plan.
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9 Accessibility Plan
It is the applicant’s responsibility to comply with all City, County, State and Federal disability access requirements applicable to the event, including the American with Disabilities Act (ADA). All indoor and outdoor sites, activities and programs must be accessible to persons with disabilities.

Amplified Sound
Amplified sound (Public Address system for announcements, etc.) is limited to the hours of 10:00 AM to 9:00 PM for up to a total of four hours in any day. Exceptions may be approved for special events, in conjunction with the special event approval process. Events must comply with the City Noise Ordinance HBMC 8.24 and speakers must be facing westward (towards the ocean) at all times. Event producers are required to obtain an Amplified Sound Permit if the event intends to use a loudspeaker or sound amplifying equipment for the purpose of giving instructions, directions, lectures, or transmitting music. Requests should be noted when submitting a special event application to the Community Resources Department to ensure proper coordination with the Chief of Police. The Chief of Police will consider the following in the issuance of amplified sound permits:

1. The volume and intensity of the noise, particularly as it is experienced within a residence or place of business;

2. Whether the noise is prolonged and continuous;

3. How the noise contrasts with the ambient noise level;

4. The proximity of the noise source to residential and commercial uses;

5. The time of day; and

6. The anticipated duration of the noise
Food, Beverage, or Merchandise Sales
In accordance with HBMC Section 12.20.300, the sale of food, non-alcoholic beverages, or branded merchandise from the event producer on the beach are allowed pursuant to a special event permit approved by the City Council. The sale of any other commodity, merchandise, wares, products, or service on the beach or the strand is not allowed.

Applicant is responsible for obtaining any applicable food or beverage permits. A Temporary Food Permit is required when selling, serving, giving away, or sampling food or consumable products, including water or other beverages, at a public event. Additionally, each food vendor at the event must also have a Temporary Food Permit. Different permits, policies and procedures depend on the classification and the number of days of the event. As part of the food handling requirements, applicants or event organizers are required to include public safety features in the event plans such as hand-washing sinks. The County of Los Angeles Department of Environmental Health issues food permits. It is the responsibility of the applicant to ensure all vendors have current permits.

If the sale of alcohol is included in a special event application (requests for alcohol on the beach will not be approved), approval from the City Council is required and the applicant must request authorization from the State of California Department of Alcohol Beverage Control (ABC). A copy of the ABC License must be provided to the Community Resources Department prior to the issuance of a permit. City departments may place restrictions on the way in which alcohol is managed at a proposed event.

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

Security
City staff or law enforcement may deem an activity warrants the presence of one or more Police Officers or security personnel and the cost of such services shall be borne by the applicant. Security personnel must be licensed, in uniform and are subject to approval by the City. Proof of obtaining the required security personnel must be provided to the Community Resources Manager at least two (2) weeks prior to the event.

Portable Restrooms + Hand Sanitizing/Sink Facilities
Events may be required to provide portable restrooms and hand-sanitizing/sink facilities. The cost of such services shall be borne by the applicant. The number of portable restrooms and hand-sanitizing/sink facilities required will be determined by City staff and factors such as the event location, total duration of the event, estimated attendance (participants and spectators), season the event takes place and whether food and 1082
10 beverage will be served will be considered. City staff will designate the location for any portable restrooms and hand-sanitizing/sink facilities required at the event location.

Insurance
At least ten (10) days prior to the event, applicants will provide the City with a certificate of insurance providing liability insurance with the following requirements:

Applicant agrees to furnish the City of Hermosa Beach evidence of comprehensive general liability insurance in the form of a certificate naming "the City of Hermosa Beach, its officers, agents, volunteers, and employees as additional insureds." This exact verbiage is required. Applicant shall notify the City at least thirty (30) days prior to the termination, reduction, cancellation, suspension, modification, or expiration of the policy. Notwithstanding the foregoing, Applicant shall maintain insurance coverage meeting the standards outlined in this Section at all times during the term of the activity or activities for which Applicant submitted its application, as reflected in and permitted by this Agreement. All certificates are subject to approval of the City’s Risk Manager.

Coverage shall be at least as broad as Insurance Services Form CG 00 01 covering commercial general liability on an "occurrence" basis, including property damage, bodily injury, death, and personal and advertising injury with limits no less than two million dollars ($2,000,000) per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this Agreement, or the general aggregate limit shall be twice the required occurrence limit. The City reserves the right to request greater or lesser amounts of insurance coverage.

If the use includes athletic activities, Applicant shall provide evidence of that the commercial general liability insurance includes coverage for injuries to athletic participants and participant accident insurance.

If the Applicant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

Event Day Expectations
In order to immediately address any issues or changes that may arise during the course of an event, producers are responsible for:
• Providing a cell phone number upon which City staff may contact the producer • Being available on-site or providing a designated contact at all times during the event. This includes agreement that producers (or their designated contact) will not actively participate in the event. • Maintaining copies of all applicable special event permits and any other permits issued by the City of Hermosa Beach on-site during the event.

Applicable Fees
All special events are subject to an application fee, special event category fees and additional fees established by resolution of the City Council and any additional costs incurred by the City on behalf of the event. Payment of special event fees is due upon receipt. The Community Resources Manager has the discretion to revoke a permit or place a hold on processing future event applications if all applicable fees are not paid in a timely manner.

Current Fee Schedule
Event Categories Fee
Category I
• Less than 500 people
Non-profit: $2 per registrant
and roster of participants
due to City
Commercial: 70/30
split of proceeds
and roster of participants
due to City
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11 Category II
• Impacts public areas for no longer than one (1) day including set-up/tear-down • Is conducted in the off-season (not between Memorial Day and Labor Day or on any holiday)
• Participant plus spectator crowd more than 500 but less than 3,000 • Has no television coverage (except news)
• A non-profit entity is the beneficiary of the net revenues (100%) • Does not meet any of the identifying criteria for a Category III or IV event $3,169 per event day
Category III
• Impacts public areas for more than one (1) day including set-up/tear-down • Participant plus Spectator crowd does not exceed 5,000 • Has no television coverage (except news)
• Has more than $3,000 and less than $50,000 in prize money • Does not meet any of the identifying criteria for a Category IV event $3,487 per event day
Category IV
• Meets Category III Criteria and has one or more of the following:
▪ Has network television coverage
▪ Estimated participant/spectator crowds exceed 5,000 people ▪ Prize money in excess of $50,000
▪ Charges admission to spectator
▪ Gross revenues in excess of $50,000
$6,341 per event day
Additional Fees Fees
Commercial Application Fee - non-refundable $996
Non-Profit Application Fee - non-refundable $664
Pass-Thru Application Fee - non-refundable $332
Amplified Sound Permit $195
Pier Plaza Use Fee $13,272 per event day
Event Co-Sponsor $335 each
Event Set-Up/Tear-Down $300 per location, per day
Community Resources Staff $398 per day
Parking Meter Space Fee $1.25 per hour (8am-8pm)
$1.50 per hour (8pm-8am)
Depending on event details additional fees may apply due to required staffing and/or services from the City of Hermosa Beach’s Building Division, Police Department, Public Works Department and the Los Angeles County Fire Department.

Application Fees
Upon review of the special event application, City staff will follow up to the event contact to collect payment of the application fee, which will be due immediately to continue the review and approval process. This fee will not be applied to special event permit fees and is non-refundable.

Special Event Permit Fees
Events are subject to a daily permit fee based on the designated event category level.

Payment of applicable special event permit fees shall be due following event approval and must be submitted at least 10 days in advance of the scheduled event.

Additional Fees
The Community Resources Department will confirm the necessary permits during application review and will coordinate with applicants to secure permits and process fees from the appropriate City departments once the special event is approved by the appropriate review body. Additional fees may be required for:
• the use of Pier Plaza and reservation of City Facilities • installation of street banners or temporary signs
• reservation/use of public parking spaces
1084
12 • use of amplified sound
• use of professional filming or still photography
• presence of police, fire, community resources, or paramedic staff on site before, during or after event • application for business license
Damage Deposit
Monetary deposits, bonds and other security may be necessary to guarantee performance of all required conditions, clean-up and repair of any City property or facilities damaged as a result of the event. Events may be required to submit a deposit to cover any potential damage to City facilities. All or a portion of the deposit may be refunded upon post event inspection or sign-off by Public Works, Chief of Police, or other applicable City staff. Events will be billed for the costs to repair or replace any City property damaged as a result of the event if the damage exceeds the deposit provided.

Refund/Cancellation Policy
Once a permit is approved and issued, the special event permit and additional impact fees may be refunded when written notice is given to the Community Resources Department at least two weeks prior to the event date and provided that no staff services are incurred. If rain is predicted and the decision is made to cancel within two weeks prior to the event, no monetary refund will be given but City staff will work with event producers to re-schedule events to another available date.

Compliance
Environmental Requirements
All events will be required to submit an environmental protection plan showing proposed compliance to reduce environmental impacts as part of the application form. Such measures may include, but shall not be limited to:
• Waste recycling and reduction
• Energy efficiency
• Protection of the marine environment
• Community education opportunities
• Monitoring and reporting compliance with the environmental protection plan Applicable Codes + Regulations
The City of Hermosa Beach Municipal Code governs the approval, review, and enforcement of special events.

The Special Event Policy rules and regulations must be strictly adhered to and all pertinent City Ordinances shall be enforced. The sections of the Hermosa Beach Municipal Code relevant to special events include:

Title 8 – Health and Safety

8.24 Noise Control

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

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

10.28 Loading and Unloading

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

12.20 Beach and Strand Regulations

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

12.30 Special Events on Public Property
Fee Waivers
To support qualifying organizations, the City provides special event fee waiver grant opportunities to assist in its success by relieving the financial burden associated with the cost of the City’s special event fees. The Special Event Fee Waiver Grant Policy is intended for those events required to complete the annual special event application filing, review, and approval process. Events and organizations that qualify for a long-term agreement or in a City Contract are not bound to the terms of this policy.

Funding Limits
The Parks, Recreation and Community Resources Advisory Commission (Commission) awards grant funding for qualified organizations that have received approval to hold their event in the City of Hermosa Beach. The annual award limit of the Special Event Fee Waiver Grant is approved by the City Council each fall for the upcoming calendar year. Grants will be awarded up to a maximum of $2,500 per event or a 50% reduction of indirect City special event fees, whichever is the lesser amount.

Awards may only be used toward indirect special event fees charged by the City; direct costs are not eligible for consideration of this grant and organizations are required to pay those in full. A fee worksheet is included in the Fee Waiver Grant Application that further outlines those fees eligible under this grant. The minimum amount of requested special event fee waiver grants must total at least $250.

Eligibility
In order to be eligible to apply for a Special Event Fee Waiver Grant, the special event must be a returning event to the City and have been successfully approved through its applicable approval process as outlined in the Special Event Policy Guide. Fee waivers will not be considered for new events or events taking place during the Peak Season between Memorial Day and Labor Day. Following approval of a special event, a completed Special Event Fee Waiver Grant Application is required to be submitted to the Community Resources Department at least 60 days prior to the event. Following a review to ensure the completeness of the application, the request will be included on an upcoming meeting of the Commission for its formal review and determination of grant award.

Fee waivers may be granted when the Commission determines that the event is of significant value to the community or to a significant portion of its residents. The organization producing the event must meet the following criteria:
1) An organization that is not delinquent on city permits or fees. 2) The organization and/or event can demonstrate:
a. A community benefit; or
b. A positive economic impact as a result of the event.

Applicants will be requested to demonstrate the following:
• A financial need or other economic justification to be considered for a Fee Waiver Grant; • A positive community benefit through the organization or its event by meeting at least two of the following criteria:
a. The organization and/or event serves, involves, and/or promotes Hermosa Beach, its residents, schools, and/or businesses;
b. The organization and/or event can demonstrate broad community support and sponsorship; c. The event appeals to a wide segment of community members; d. The organization and/or event enhances the quality of life to the Hermosa Beach community; offering recreational, cultural, social, and or and/or educational activities of interest to the community;
e. The organization can demonstrate a commitment to supporting the City’s active and healthy lifestyle as a result of the event; and/or
f. The organization/and or event addresses an unmet community need. • A positive economic impact as a result of the event by providing the following information:
1086
14 a. If the event is consecutive days, data indicating the total number of participants that utilize overnight lodging in the City of Hermosa Beach; and
b. Data indicating the participants spending in Hermosa Beach during the duration of the event at any of the businesses in the City of Hermosa Beach.

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

Events specifically prohibited from receiving a fee waiver grant include those events that:
• Promote, advocate or advance a political message or belief. • Projects or organizations who have unsatisfactorily fulfilled its obligations from previous fee waiver grants.

Approval
The five (5) member Commission is tasked with reviewing and determining the level of Special Event Fee Waiver Grant award at one of their regular meetings held on the first Tuesday of each month beginning at 7:00pm.

Consideration will include careful review of:
• Special Event Fee Waiver Grant Application.
• Community Benefit Form
• Economic Impact Report
• Successful fulfillment of previously awarded grant obligations.

The Commission’s decision to deny grant funding for specific events is appealable by the City Council. The City Council will not consider additional fee waiver considerations in addition to the maximum award amounts allowable through the Special Event Fee Waiver Grant program.

Obligations
Organization receiving grant funding through the Special Event Fee Waiver Grant program will be required to complete the following:
• A formal presentation to the Parks, Recreation and Community Resources Advisory Commission at one of its regular meetings no more than 60-days following the event. The presentation shall include discussion of:
o Number of attendees.
o Beneficiary of funds raised by the event (if applicable). o Overview of event budget and financial outlook.
o Overview of the community benefit and/or positive economic impact to the City of Hermosa Beach.

Disqualification
Failure to complete these requirements in accordance with this policy shall automatically disqualify the organization from submitting a future request to receive a Special Event Fee Waiver Grant for the remainder of the current calendar year plus one additional year.

If any information submitted as part of the Special Event Fee Waiver Grant is found to be fraudulent, event approvals already granted for the remainder of the calendar year will be automatically revoked. While the organization will be permitted to reapply for approval of event(s) in the following calendar year, it will no longer be eligible to apply for Special Event Fee Waiver Grants.

Long-term Agreements
The City of Hermosa Beach recognizes the value in hosting a variety of beloved community events that help create a balanced and enjoyable Special Events Calendar for its residents. To support and develop a longterm approach to the scheduling of events, eligible events can qualify for a Long-term Agreement (LTA) with the City for a three-year term.

Eligibility
In order for an organization to be eligible for consideration of a long-term agreement, the event(s) must meet at least three of the following:
1087
15 □ The event(s) must qualify as an Impact Level II or III (per the Impact Worksheet), and at least one of the following:
o Have a combined estimated total of 5,000 people in attendance; or o The event must be at least two (2) consecutive days (including setup and teardown). □ Have held its event in Hermosa Beach for at least three consecutive years □ The event must be produced by an organization that serves, involves, and/or promotes Hermosa Beach’s coastal lifestyle, its residents, schools, and/or businesses; and □ The organization or event producer must be able to demonstrate how its programs (outside of those provided at the event) provide a positive impact to the City including enhancements to quality of life to the Hermosa Beach community; or the offering of recreational, cultural, social, and/or educational activities of interest to the community.
□ The event can demonstrate:
o A community benefit; or
o A positive economic impact as a result of the event.

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

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

If quantifiable data is not available, organizations will be required to describe the positive economic impact.

Upon request of an organization whose event does not satisfy one or more of the above eligibility criteria, the City Council may at a regular Council meeting authorize such organization to apply for an LTA where its event provides a demonstrable or differentiated benefit to the community or a service that the City would otherwise be unable to provide.

Term Limits
LTA’s shall be for no less than two (2) years but shall not exceed a maximum of three (3) years unless otherwise determined by the City Council.

Procedures
The following steps are required to guide the development and implementation of a LTA:

1. Submittal of an LTA Application to the Community Resources Department that addresses how the organization or event qualifies for each of the eligibility requirements.

2. Review and recommendation for City Council approval by the Parks, Recreation and Community Resources Advisory Commission.

3. Review and approval by City Council to begin LTA negotiations with Staff.

4. LTA negotiations and development.

5. Presentation of the final LTA to City Council for approval. 1088
16 Obligations
Organizations whose event(s) are approved through an LTA are required to provide a formal presentation to the Commission at one of its regular monthly meetings no more than 60-days prior AND 60-days following its event(s). The pre-event presentation shall include a general event overview including anticipated number of attendees; an overview of the event footprint and individualized setup; and its anticipated impact(s) to the community, etc. The post-event presentation shall include a general overview including the actual number of attendees; actual impact(s) to the community; and any event struggles and successes, etc. 1089
1090
1 2023
City of Hermosa Beach
Special Event Permit Application Overview
Event Title: USAV Beach Trials
Impact Level: II
Proposed Event Dates: Monday, June 19 – Thursday, June 22 Applicant Name: Mark Paaluhi
Organization Name: USAV
Non-Profit: NO/YES
Event Time: Load-in: Monday, June 19 at 7:00a.m. Event: 8: 00a.m.–4:30p.m. Load-out: Thursday, June 22 at 6:00p.m.

Event Summary: USAV Beach Volleyball Trials for Men and Woman U19 and U21 divisions, with winners advancing to World Championships
Returning Event: NO/YES
Event Location (Site Map Attached): north of the Pier volleyball courts Estimated Number of Participants: 150
Estimated Number of Spectators per Day: 100
Age of Participants: Youth 18 and under, Adults ages 18-21 Participant Fee: $50 per team
Parking: None
Amplified Sound: Yes, for announcements and background music Generator(s): None
Fenced Area(s): None
Stage(s), Structure(s) or Tent(s): Yes, 4- 10x10 pop up tents Security: Yes (Overnight)
Sponsors: None
Applicable Fees:

Application (Non-Profit) $664
Category I (Non-profit) $2 per registrant and roster of participants due to City Amplified Sound $195
Parking TBD
Additional fees may apply due to required staffing and/or services from the City of Hermosa Beach’s Community Resources Department, Public Works Department, Police Department and the Los Angeles County Fire Department 1091

TENTATIVE
2023 SPECIAL EVENTS

CALENDAR
City of Hermosa Beach
Community Resources Department
710 Pier Avenue, Hermosa Beach, CA 90254
(310) 318-0280
[email protected]
1092
Sun Mon Tue Wed Thu Fri Sat
1 2 3 4 5 6 7
8 9 10 11 12 13 14
15 16
AAU Southern Pacific
Grand Prix Series
North Volleyball Courts
17 18 19 20 21
SCVA Winter Series
North Volleyball Courts
22 23 24 25 26 27 28
AAU Southern Pacific
Grand Prix Series
North Volleyball Courts
Sidewalk Sale
Hermosa Avenue, Pier Avenue &
Pier Plaza
Impact Level II
29 Sidewalk Sale
Hermosa Avenue, Pier
Avenue & Pier Plaza
Impact Level II
30 31
January 2023
Impact Level I
Impact Level II
Impact Level III
Long-term Agreement
City Hosted or City Contracted Event
1093
Sun Mon Tue Wed Thu Fri Sat
1 2 3 4
AAU Southern Pacific
Grand Prix Series
North Volleyball Courts
5 6 7 8 9 10 11
SCVA Winter Series
North Volleyball Courts
12 13 14 15 16 17 18
19 20 21 22 23 24 25
26 AAU Southern Pacific
Grand Prix Series
North Volleyball Courts
27 28
February 2023
Impact Level I
Impact Level II
Impact Level III
Long-term Agreement
City Hosted or City Contracted Event
1094
Sun Mon Tue Wed Thu Fri Sat
1 2
Beach Tennis
Tournaments
Beach Tennis Courts
(Load-in)
3 Beach Tennis
Tournaments
Beach Tennis Courts
4 HBLL Opening Day
Clark Field
Impact Level II
Beach Tennis
Tournaments
Beach Tennis Courts
5 Beach Tennis
Tournaments
Beach Tennis Courts
6 RUHS Girls Beach
Volleyball Matches
North Volleyball Courts
7 8 9 10 11 St. Patrick’s Day
Parade
Downtown
Impact Level III
12 AAU Southern Pacific
Grand Prix Series
North Volleyball Courts
13 14 RUHS Girls Beach
Volleyball Matches
North Volleyball Courts
15 16 17 RUHS Girls Beach
Volleyball Matches
North Volleyball Courts
18 State of the Art
Cypress Ave. & 6th St.

SCVA Spring
Championships Tournament
North Volleyball Courts
19 20 21
RUHS Girls Beach
Volleyball Matches
North Volleyball Courts
22 23
RUHS Girls Beach
Volleyball Matches
North Volleyball Courts
24 Hearts of Hermosa
Community Center
(load-in)
Impact Level III
25 Hearts of Hermosa
Community Center
Impact Level III
SoCal Beach Foundation
North Volleyball Courts
26 Hearts of Hermosa
Community Center
(load-out)
Impact Level III
CBVA
North Volleyball Courts
27 28 29 30
)
31 March 2023
Impact Level I
Impact Level II
Impact Level III
Long-term Agreement
City Hosted or City Contracted Event
1095
Sun Mon Tue Wed Thu Fri Sat
1 AAU Southern Pacific
Grand Prix Series
North Volleyball Courts
2 3
RUHS Girls Beach
Volleyball Matches
North Volleyball Courts
4 RUHS Girls Beach
Volleyball Matches
North Volleyball Courts
5 6
RUHS Girls Beach
Volleyball Matches
North Volleyball Courts
7 8 AAU Southern Pacific
Grand Prix Series
North Volleyball Courts
You Are Enough 5K
Strand (North of Pier) &
Schumacher Plaza
9 Easter Sunrise Mass
South of Pier
Hope Chapel
Sunrise Service
Pier Plaza
10 11 12 13 Beach Tennis
Tournaments
Beach Tennis Courts
(Load-in)
14 Beach Tennis
Tournaments
Beach Tennis Courts
15 Beach Tennis Tournaments
Beach Tennis Courts
CBVA
North Volleyball Courts
16 Beach Tennis
Tournaments
Beach Tennis Courts
17 18 19 20 21 Surfers Walk of Fame
Kick-off Party
Community Theatre
impact Level II
22 Surfer’s Walk of Fame
Spyder Surf Fest
Pier Plaza
Impact Level III
Waterman's South Bay
Surf Series Contest
South of Pier
23 AAU Southern Pacific
Grand Prix Series
North Volleyball Courts
24 25 26 27 28 29 Night at the Ballpark
Clark Field
Impact Level II
Dolphin Dash
Strand (North of Pier) &
Schumacher Plaza
30 April 2023
Impact Level I
Impact Level II
Impact Level III
Long-term Agreement
City Hosted or City Contracted Event
1096
Sun Mon Tue Wed Thu Fri Sat
1 2 3 4 5 6 Endless Summer
Classic Car Show
Schumacher Plaza &
Pier Plaza
Impact Level II
Pets in the Park
Valley Park
Impact Level II
7 AAU Southern Pacific
Grand Prix Series
North Volleyball Courts
8 9 10 11 12 13
SoCal Beach Foundation
North Volleyball Courts
14 AAU Southern Pacific
Grand Prix Series
North Volleyball Courts
15 16 17 18 19 20 Best Day Foundation
Beach Day
South of Pier
Impact Level II
AAU Southern Pacific
Grand Prix Series
North Volleyball Courts
21 Best Day Foundation
Beach Day
South of Pier
Impact Level II
CBVA
North Volleyball Courts
22 23 24 25 26 Fiesta Hermosa
Downtown
(Load-in)
Impact Level III
27 Fiesta Hermosa
Downtown
Impact Level III
CBVA
Volleyball Tournament
North Volleyball Courts
28 Fiesta Hermosa
Downtown
Impact Level III
CBVA
Volleyball Tournament
North Volleyball Courts
29 Fiesta Hermosa
Downtown
Impact Level III
CBVA
Volleyball Tournament
North Volleyball Courts
30 31
May 2023
Impact Level I
Impact Level II
Impact Level III
Long-term Agreement
City Hosted or City Contracted Event
1097
Sun Mon Tue Wed Thu Fri Sat
1 2 Beach Tennis
Tournaments
Beach Tennis Courts
(Load-in)
3 Beach Tennis
Tournaments
Beach Tennis Courts
South Bay Paddle
South of Pier
4 Beach Tennis
Tournaments
Beach Tennis Courts
Hermosa Beach
Little League Closing Day
Clark Field
Impact Level II
5 6 7 8 9 Fine Arts Festival
Community Center Lawn
(Load-in)
Impact Level III
10 Fine Arts Festival
Community Center Lawn
Impact Level III
11 Fine Arts Festival
Community Center Lawn
Impact Level III
12 13 14 15 16 17
18 19
USAV Beach Trials
North Volleyball Courts
(PENDING APPROVAL)
20 USAV Beach Trials
North Volleyball Courts
(PENDING APPROVAL)
21 USAV Beach Trials
North Volleyball Courts
(PENDING APPROVAL)
22 USAV Beach Trials
North Volleyball Courts
(PENDING APPROVAL)
23 24
Nothing Weekend
25 Nothing Weekend
26 27 28 AVP
North & South
Volleyball Courts
(Load-in)
Impact Level III
29 AVP
North & South
Volleyball Courts
(Load-in)
Impact Level III
30 AVP
North & South
Volleyball Courts
(Load-in)
Impact Level III
June 2023
Impact Level I
Impact Level II
Impact Level III
Long-term Agreement
City Hosted or City Contracted Event
1098
Sun Mon Tue Wed Thu Fri Sat
1 AVP
North & South
Volleyball Courts &
Beach Tennis Courts
(Load-in)
Impact Level III
2 AVP
North & South
Volleyball Courts &
Beach Tennis Courts
(Load-in)
Impact Level III
3 AVP
North & South
Volleyball Courts &
Beach Tennis Courts
(Load-in)
Impact Level III
4 AVP
North & South
Volleyball Courts &
Beach Tennis Courts
(Load-in)
Impact Level III
5 AVP
North & South
Volleyball Courts &
Beach Tennis Courts
Impact Level III
6 AVP
North & South
Volleyball Courts &
Beach Tennis Courts
Impact Level III
7 AVP
North & South
Volleyball Courts &
Beach Tennis Courts
Impact Level III
8 AVP
North & South
Volleyball Courts &
Beach Tennis Courts
Impact Level III
9 AVP
North & South
Volleyball Courts &
Beach Tennis Courts
Impact Level III
10 AVP
North & South
Volleyball Courts &
Beach Tennis Courts
(Load-out)
Impact Level III
11 AVP
North & South
Volleyball Courts &
Beach Tennis Courts
(Load-out)
Impact Level III
12 AVP
North & South
Volleyball Courts &
Beach Tennis Courts
(Load-out)
Impact Level III
Shakespeare by the Sea
Valley Park
Impact Level I
13 JVA & BVCA
National Championships
North & South
Volleyball Courts
(Load-in)
Shakespeare by the Sea
Valley Park
Impact Level I
14 JVA & BVCA
National Championships
North & South
Volleyball Courts &
Beach Tennis Courts
15 JVA & BVCA
National Championships
North & South
Volleyball Courts &
Beach Tennis Courts
16 JVA & BVCA
National Championships
North & South
Volleyball Courts &
Beach Tennis Courts
17 JVA & BVCA
National Championships
North & South
Volleyball Courts &
Beach Tennis Courts
18 JVA & BVCA
National Championships
North & South
Volleyball Courts &
Beach Tennis Courts
19 AAU Junior National
Championships
North & South
Volleyball Courts &
Beach Tennis Courts
(Load-in)
20 AAU Junior National
Championships
North & South
Volleyball Courts &
Beach Tennis Courts
21 AAU Junior National
Championships
North & South
Volleyball Courts &
Beach Tennis Courts
22 AAU Junior National
Championships
North & South
Volleyball Courts &
Beach Tennis Courts
23 AAU Junior National
Championships
North & South
Volleyball Courts &
Beach Tennis Courts
24 AAU Junior National
Championships
North & South
Volleyball Courts &
Beach Tennis Courts
25 AAU Junior National
Championships
North & South
Volleyball Courts &
Beach Tennis Courts
26 AAU Junior National
Championships
North & South
Volleyball Courts &
Beach Tennis Courts
(Load-out)
27 28 29
SmackFest
South Volleyball Courts
30 31
July 2023
Impact Level I
Impact Level II
Impact Level III
Long-term Agreement
City Hosted or City Contracted Event
1099
Sun Mon Tue Wed Thu Fri Sat
1 2 International
Surf Festival
North & South of Pier
(Load-in)
Impact Level III
3 International
Surf Festival
North & South of Pier
(Load-in)
Impact Level III
4 International
Surf Festival
North & South of Pier
Impact Level III
5 International
Surf Festival
North & South of Pier &
North Volleyball Courts (CBVA)
Impact Level III
Sidewalk Sale
Hermosa Avenue, Pier Avenue &
Pier Plaza
Impact Level III
6 International
Surf Festival
North & South of Pier
Impact Level III
Sidewalk Sale
Hermosa Avenue, Pier
Avenue & Pier Plaza
Impact Level III
7 International
Surf Festival
North & South of Pier
(Load-out)
Impact Level III
8 9 10 11 Triathlon
Downtown
(Load-in)
12 Triathlon
Downtown
(Load-in)
Glow Ride for Cystic Fibrosis
Strand (North of Pier)
13 Triathlon
Downtown
CBVA
North Volleyball Courts
14 15 16 17 18 Beach Tennis
Tournaments
Beach Tennis Courts
(Load-in)
19 Beach Tennis
Tournaments
Beach Tennis Courts
20 Beach Tennis
Tournaments
Beach Tennis Courts
21 22 23 24 25 26
Nothing Weekend
27 Nothing Weekend
28 29 30 31
August 2023
Impact Level I
Impact Level II
Impact Level III
Long-term Agreement
City Hosted or City Contracted Event
1100
September 2023
Impact Level I
Impact Level II
Impact Level III
Long-term Agreement
City Hosted or City Contracted Event
Sun Mon Tue Wed Thu Fri Sat
1 2
CBVA
Volleyball Tournament
North Volleyball Courts
3 CBVA
Volleyball Tournament
North Volleyball Courts
4 5 6 7 8 Movies at the Beach
South of Pier
(Load-in)
Impact Level III
9 Best Day Foundation
Beach Day
South of Pier
Impact Level II
Movies at the Beach
South of Pier
Impact Level III
10 Best Day Foundation
Beach Day
South of Pier
Impact Level II
11 12 13 14 15 16 Coastal
Cleanup Day
Schumacher Plaza,
North and South of Pier
Impact Level I
Hermosa Harmony Festival
South of the Pier
17 18 19 20 21 22 Movies at the Beach
South of Pier
(Load-in)
Impact Level III
23 Movies at the Beach
South of Pier
Impact Level III
24 25 26 27 28 29 30 AAU Southern Pacific
Grand Prix Series
North Volleyball Courts
Locale 90254
Hermosa Avenue, & Lot A
Impact Level III
1101
Sun Mon Tue Wed Thu Fri Sat
1 Locale 90254
Hermosa Avenue, & Lot A
Impact Level III
2 3 4 5 6 7
AAU Southern Pacific
Grand Prix Series
North Volleyball Courts
Walk for Alzheimer’s
Strand (North of Pier) &
Pier Plaza
8 9 10 11 12 13 Beach Tennis
Tournaments
Beach Tennis Courts
(Load-in)
Community Movie Night
Community Center
Impact Level I
14 Pumpkins in the Park
Edith Rodway Park
Impact Level II
Beach Tennis
Tournaments
Beach Tennis Courts
15 Beach Tennis
Tournaments
Beach Tennis Courts
16 17 18 19 20 21
Volley4Sound
North Volleyball Courts
22 23 24 25 26 27 Beach Tennis
Tournaments
Beach Tennis Courts
(Load-in)
28 Beach Tennis
Tournament
Beach Tennis Courts

29 Skechers Pier to Pier
Friendship Walk
Strand (North of Pier) &
Pier Plaza
Beach Tennis
Tournaments
Beach Tennis Courts
30 31
October 2023
Impact Level I
Impact Level II
Impact Level III
Long-term Agreement
City Hosted or City Contracted Event
1102
Sun Mon Tue Wed Thu Fri Sat
1 2 3 4
Sandy Sauté
North of the Pier
5 AAU Southern Pacific
Grand Prix Series
North Volleyball Courts
6 7 8 9 10 11 Veterans Day
Wreath Laying
Ceremony
Community Center
East Lawn
Impact Level II
12 13 14 15 16 17 Hermosa for the Holidays
Downtown
Impact Level III
Community Movie Night
Community Center
Impact Level I
18 Hermosa for the Holidays
Downtown
Impact Level III
AAU Southern Pacific
Grand Prix Series
North Volleyball Courts
19 Hermosa for the Holidays
Downtown
Impact Level III
20 21 22 23 24 25
26 27 28 29 30
November 2023
Impact Level I
Impact Level II
Impact Level III
Long-term Agreement
City Hosted or City Contracted Event
1103
Sun Mon Tue Wed Thu Fri Sat
1 2 Sand Snowman
Contest
North of Pier
Impact Level I
3 4 5 6 7 8 9 California Great
Santa Stroll
Strand (North of Pier) &
Pier Plaza
10 Community
Chanukah Celebration
Pier Plaza &
Greenwood Park
Impact Level II
AAU Southern Pacific
Grand Prix Series
North Volleyball Courts
11 12 13 14 15 16
17 18 19 20 21 22 23
24 25 26
AAU Southern Pacific
Grand Prix Series
North Volleyball Courts
27 28 29 30
31 December 2023
Impact Level I
Impact Level II
Impact Level III
Long-term Agreement
City Hosted or City Contracted Event
1104
Off-Season Monthly Events
(Labor Day – Memorial Day) # of Special Event Days # of Days Available(out of 15) January 4 11
February 3 12
March 15 0
April 14 2
May (through May 28) 9 6
September (from September 5) 7 8
October 9 7
November 6 9
December 4 11
Peak Season (Memorial Day: May 29, 2023– Labor Day: September 4, 2023) # of Special Event Days on the Beach/Strand/Pier Plaza Level I & II Event Days
(not on Level III Event Days)
& City Sponsored/Contracted
(not on Level III, II or I Event Days)
(Maximum of 25)
Level III Event Days
(Maximum of 45) Total # of Event Days
(out of 70 total)
11 41 52
Peak Season Event Limits:

To balance coastal access with events, events on the Beach, Strand and Pier Plaza will be limited to the following number of events during the peak summer season (Memorial Day to Labor Day – approximately 100 days over the summer):
o Maximum of 45 days used by Level III Events
o Maximum of 25 days used by Level I and II Events, and City Sponsored/Contracted Events (on days not used by Level III Events) City Sponsored or City Contracted Events, and Long-term Agreement Events are categorized by their Impact Level 1105
APPROVAL OF NEW 2023

IMPACT LEVEL II SPECIAL EVENTS
• USAV Beach Volleyball Trials
1106

BACKGROUND
Characteristic Impact Level I Impact Level II Impact Level III Total Attendees and Spectators Per Event Day 100-500 501 – 1,999 2,000 or More Event Location(s) Park or Beach The Pier or Pier Plaza Streets, the Strand, or Public Right of Way Use of Volleyball Courts and Beach Tennis Courts None  North Volleyball Courts; or  Beach Tennis Courts
 North and South Volleyball Courts; or
 North and South Volleyball Courts
and Beach Tennis Courts; or
 North Volleyball Courts and Beach
Tennis Courts
Event Season(s) Winter Spring or Fall Summer – Peak Season (Memorial Day to Labor Day)
Event Day(s) Monday - Thursday Friday, Saturday, or Sunday Holiday Total Consecutive Event Days (Including Set-up and Tear-down) 1-2 3-4 5 or More (May not exceed 15) Additional requests such as Film/Still Photo Permit, Reserved Parking, Fencing, Staging, Street Closures, or Amplified Sound Permit None 1-2 3 or more
Impact Level 5 or More Applicable = Impact Level I 2 or More Applicable = Impact Level II 2 or more Applicable = Impact Level III Special events are categorized as either Impact Level I, II, or III using the Impact Characteristics Matrix in the Special Events Policy Guide. The Impact Level of the event determines the deadline for application submittal, and the level of review and approval required.

New events require approval by City Council through a Public Hearing.

Impact Characteristics Matrix
If more than one option is applicable, the highest characteristic will be used to determine the impact level. 1107
At its March 7, 2023 meeting, the Parks, Recreation and Community Resources Advisory Commission (Commission)
recommended City Council approve the following new
Impact Level II Special Event:
• USA Volleyball (USAV) Beach Trials, on the Volleyball Courts north of the Pier from Monday, June 19 to Thursday, June 22, 2023

BACKGROUND
1108

USA VOLLEYBALL (USAV) BEACH TRIALS
USAV youth and adult beach volleyball trials:
• Monday, June 19 – Thursday, June 22, 2023
• Volleyball Courts north of Pier
• 150 participants
• 100 spectators per day
1109
City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
REPORT 23-0175
Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of March 28, 2023

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA

INCREASING PARKING METER RATES AND FINDING THE SAME EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT
(Finance Director Viki Copeland)
Recommended Action:

Staff recommends City Council:

1. Determine the appropriate hours of operation for parking meters in the City; and

2. Upon making the determination on the first recommended action, introduce and waive first reading of an ordinance entitled “An Ordinance of the City Council of the City of Hermosa Beach, California Increasing Parking Meter Rates and Finding the Same Exempt from the California Environmental Quality Act.” (Attachment 1).

Executive Summary:

Considering the recommendations included in the 2019 Coastal Zone Parking Management Study, City Council discussion and recommendations at its January 31, 2022 Parking Study Session, February 28, 2023, and March 14, 2023 meetings, staff presents the item to allow City Council to make its final determination of the hourly parking meter and parking lot rates and hours of operation for the meters.

Background:

At its February 28, 2023 meeting, City Council discussed various issues related to parking in the City including parking meter rates. As discussed at the prior meeting, metered and pay-by-space parking is currently available for $1.25 per hour, daily 10 a.m. to 8 p.m., and $1.50 per hour, daily 8 p.m. to 2 a.m. in City lots, the downtown parking structure, and along streets and alleys. These rates were approved in 2010 and 2016, respectively. The dual-rate structure implements a demand pricing program where meters in higher demand areas (silver post) cost 25 cents more during peak (high usage) hours.

The following table details the history of meter rate increases.

Meter Rates-History of Rate Increases
Year of Last Increase Rate
2001 $.75/hour
2003 $100/hour
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Meter Rates-History of Rate Increases
Year of Last Increase Rate
2001 $.75/hour
2003 $1.00/hour
2010 $1.25/hour
2016 $1.50/hour Demand pricing implemented from 8 p.m. to 2 a.m. for Upper Pier Avenue, Hermosa Avenue, Lots A, B, D, and silver meters
The table below shows a survey of meter rate comparisons with other cities.

Meter/Pay-by Space
City Location Rate
Hermosa Beach Upper Pier, Hermosa Avenue-10 a.m.-8 p.m./8 p.m.-2 a.m. $1.25/$1.50 Lot A, B & D (silver meters) 10 a.m.-8 p.m./8 p.m.-2 a.m. $1.25/$1.50 Lot D-yellow meters only, F, G & All Other Meters, 10a.m.- 2a.m.
$1.25
24-hour yellow meters and residential one--hour time limit spaces
$5/day
Manhattan
Beach
On-Street Meters Citywide $2.00
County Parking Lots/Meters $2.50
Redondo Beach Street Meters: Redondo Bike Path, North Harbor Drive, George Freeth Way, Veterans Park (Lot)
$1/40 min;
$.25/10 min;
$.10/4 min;
$.05/2 min
Parking Meter Permit thru 9/21, non-transferrable,
numbered parking sticker, CA plates only
$110/Annual
per vehicle. 4
hr. limit
Santa Monica On-Street Meters Citywide $1.25
Downtown/Beach Meter Zones$2.50
West Hollywood All Streets
Per 15 Minutes $0.50
Per Hour, 5-minute grace between transactions $2.00
Outdoor Dining Parking Meter Fee (Restaurants)
Daytime Hourly Rate per Parking Meter $0.54
Evening Hourly Rate per Parking Meter $0.32
Annual Flat Rate per Non-Enforcement Hour $107.50
Annual Renewal Fees Subject to the LA-Long Beach-Santa
Ana Area CPI Increase
Culver City Areas where employee parking is scarce, and where bibtititd flki
$0.25 per
h
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West Hollywood All Streets
Per 15 Minutes $0.50
Per Hour, 5-minute grace between transactions $2.00
Outdoor Dining Parking Meter Fee (Restaurants)
Daytime Hourly Rate per Parking Meter $0.54
Evening Hourly Rate per Parking Meter $0.32
Annual Flat Rate per Non-Enforcement Hour $107.50
Annual Renewal Fees Subject to the LA-Long Beach-Santa
Ana Area CPI Increase
Culver City Areas where employee parking is scarce, and where businesses, by petition, opted for employee parking
$0.25 per
hour
Areas with high-turnover, food pick-up in the Downtown
area
$0.75 per 15
minutes
Outside of the Downtown area $1.00 per
hour
Downtown area $1.50 per
hour
After completing its deliberations, City Council introduced on first reading a rate increase to $2.00/ $2.50 per hour to align with current parking rates in other nearby coastal cities while maintaining the demand pricing structure. However, the language in the presented ordinance did not entirely reflect the current demand-based pricing locations. Staff brought this item back at the March 14, 2023 City Council meeting. There was still agreement that the rates should be raised to $2.00/$2.50 per hour and there was also agreement that demand pricing should be instituted citywide (i.e., all meters will implement demand pricing between the hours of 8 p.m. and 2 a.m.). However, the City Council could not come to a consensus as to whether the hours of operation should be 8 a.m. to 2 a.m. or keep the existing time frame of 10 a.m. to 2 a.m. Based on the need for direction from a majority of the City Council, staff recommends determining the operational hours and then introduce and waive the first reading of an ordinance effectuating that determination and raising the meter rates.

Meeting Date Description
June 6, 2018 The City Council held a Budget Workshop, with a Five-Year Financial Forecast, including recommendations for increased citation fines. At that time, the City Council requested a survey for all parking violations.

December 17, 2019 The City Council accepted the Coastal Zone Parking Assessment Study recommendations; directed staff to return to Council and the applicable City Commissions with the related implementation actions for each of the near-term recommendations; and directed staff to incorporate the policy recommendations into the Draft Local Coastal Program and, if appropriate, draft an amendment to the City’s Coastal
Development Permit for the Preferential Parking Program and Remote Beach Park and Ride System.

September 14, 2021 The City Council approved amending and updating the City’s Certified Coastal Land Use Plan, focused on the Mobility Element, and authorized submittal to the California Coastal Commission
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Meeting Date Description
June 6, 2018 The City Council held a Budget Workshop, with a Five-Year Financial Forecast, including recommendations for increased citation fines. At that time, the City Council requested a survey for all parking violations.

December 17, 2019 The City Council accepted the Coastal Zone Parking Assessment Study recommendations; directed staff to return to Council and the applicable City Commissions with the related implementation actions for each of the near-term recommendations; and directed staff to incorporate the policy recommendations into the Draft Local Coastal Program and, if appropriate, draft an amendment to the City’s Coastal
Development Permit for the Preferential Parking Program and Remote Beach Park and Ride System.

September 14, 2021 The City Council approved amending and updating the City’s Certified Coastal Land Use Plan, focused on the Mobility Element, and authorized submittal to the California Coastal Commission.

September 28, 2021 The City Council requested that City Parking Programs and Parking Management be discussed at a future meeting.

January 31, 2022 The City Council reviewed and discussed the status and priorities of the 12 recommendations in the Parking
Management Study and challenges of coordinating these
efforts with goals of Plan Hermosa and the City’s efforts to certify a Local Coastal Program with the Coastal Commission.

Council directed staff to move forward with the sale of the renewal of the 2022-2023 residential and employee parking permits; place an item on a future agenda to enable Council to consider a fee increase; and restrict the out-of-state vehicles except for active military.

November 3, 2022 The City Council awarded a contract for mobile parking payment systems (Pay-By-App) to ParkMobile, LLC and
directed staff to explore opportunities to utilize the system to provide real-tome parking availability information to the public.

November 29, 2022 The City Council approved the conclusion of all incentives for public electric vehicle charging and implementation of
charging fees for electricity usage at public chargers.

February 28, 2023 The City Council approved changes to the City’s residential parking permit program, employee permit program, and
hourly parking meter and parking lot rates.

March 14, 2023 The City Council gave City Manager or designee the discretion to waive the vehicle registration requirement, upon showing a good cause, amending the previously adopted
resolution.

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November 29, 2022 The City Council approved the conclusion of all incentives for public electric vehicle charging and implementation of
charging fees for electricity usage at public chargers.

February 28, 2023 The City Council approved changes to the City’s residential parking permit program, employee permit program, and
hourly parking meter and parking lot rates.

March 14, 2023 The City Council gave City Manager or designee the discretion to waive the vehicle registration requirement, upon showing a good cause, amending the previously adopted
resolution.

Discussion:

Staff presents the current item to allow City Council to determine the hourly parking meter and parking lot rates and hours of operation for these meters. The language in the ordinance previously introduced on first reading at the February 28, 2023 City Council meeting set the parking meter rates at $2.00 per hour and then between the hours of 8 p.m. to 2 a.m. daily, set the parking meter rates at $2.50 per hour for the following locations: Lot A, Lot B, Lot C, Upper Pier Avenue, and Hermosa Avenue. The ordinance language was solely intended to increase the meter rates and not to change any of the locations. However, after subsequent investigation, City staff realized the language provided in the first iteration of the ordinance did not accurately reflect the entirety of the locations where this demand pricing is currently in effect.

To clarify the intent of the City Council, City staff brought back the issue of parking meter rates and hours of operation to the City Council at the March 14, 2023 meeting. Four Councilmembers were present at the meeting. After deliberations, Council reached consensus that demand pricing should be instituted citywide. That is, the current bifurcated system of meters where only select meters change to the increased demand pricing between the peak hours of 8 p.m. and 2 a.m. was not the direction; rather to institute this demand pricing citywide. However, the positions were split on the operational hours of the City meters.

Parking Meters-Operational Hours
The current operational hours for single-space silver meters in the City are 10 a.m. to 2 a.m. The current operational hours for yellow metered spaces are 10 a.m. to 12 a.m. The operational hours for Lots A and C are 24-hours and Lot B is 10 a.m. to 2 a.m. Any parking that takes place outside of operational hours is at no charge.

For City Council’s consideration is an ordinance which would eliminate the bifurcated approach and implement demand-based pricing for all meters in the City regardless of location. The ordinance leaves blank the morning starting hour for City meters and maintains the 2 a.m. termination hour for City meters. (Attachment 1)
Environmental Determination
Pursuant to the California Environmental Quality Act (“CEQA”), the City finds that there is no evidence that the Project would have a significant effect on the environment. Thus, pursuant to CEQA Guidelines section 15061 (b)(3), it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. Furthermore, section 15273 of the CEQA Guidelines states that CEQA does not apply to modification of City of Hermosa Beach Page 5 of 7 Printed on 3/23/2023
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environment. Furthermore, section 15273 of the CEQA Guidelines states that CEQA does not apply to modification of fees by public agencies for meeting operating expenses or financial needs.

General Plan Consistency:

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

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

Policies:
· 4.2 Encourage coastal access. Ensure parking facilities and costs of such facilities are not a barrier to beach access by the public.
· 4.3 Reduce impacts. Reduce spillover parking impacts due to employee parking and seasonal event-based demands.
· 4.4 Preferential parking program. Periodically study and evaluate the current inventory of public parking supply and update the preferential parking program. · 4.6 Priority parking. Provide priority parking and charging stations to accommodate the use of Electric Vehicles (EVs), including smaller short-distance neighborhood electric vehicles. · 4.7 Parking availability. Optimize parking availability through dynamically adjusted pricing and new technology to manage available spaces for short-term parking use to encourage rates of turnover that are responsive to fluctuating demands. · 4.8 Ensure commercial parking. Ensure that prime commercial parking spaces are available for customers and other short-term users throughout the day. · 4.9 Encourage TDM strategies. Encourage use of transportation demand management strategies and programs such as carpooling, ride hailing, and alternative transportation modes as a way to reduce demand for additional parking supply. · 4.10 Visitor parking information. Manage information about passes and accessing public parking lots to facilitate use by longer-distance visitors with limited transportation choices. · 4.11 Consolidated parking facilities. Consider the development of new small-scale parking structures or shared facilities outside of the Downtown core and incorporate adaptability standards so that they may serve other uses in the future.

Fiscal Impact:

The recommended increase of meter rates from $1.25 per hour, daily 10 a.m. to 8 p.m., and $1.50 per hour, daily 8 p.m. to 2 a.m., to $2.00 per hour and $2.50 per hour to align with current parking rates in other nearby Coastal cities would result in an estimated annual revenue increase of $1,838,489. This estimate would change if the hours of operation or locations or both are changed.

The addition of demand pricing of $2.50 per hour from 8 p.m. to 2 a.m. to yellow post meters would City of Hermosa Beach Page 6 of 7 Printed on 3/23/2023
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REPORT 23-0175
The addition of demand pricing of $2.50 per hour from 8 p.m. to 2 a.m. to yellow post meters would result in an estimated annual revenue increase of $174,799. Additional hours of operation from 8 a.m. to 10 a.m. on all meters would result in an estimated annual revenue increase of $815,452.

Attachments:

1. Draft Ordinance Increasing Parking Meter Rates and Instituting Demand Pricing City Wide and Establishing Operational Hours

2. Link to June 6, 2018 City Council Budget Workshop (see Draft Forecast and Financial Plan Attachment p.11)

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

4. Link to September 14, 2021 City Council Staff Report

5. Link to September 28, 2021 City Council Meeting Agenda

6. Link to January 31, 2022 City Council Parking Study Session Agenda

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

8. Link to November 29, 2022 City Council Staff Report

9. Link to February 28, 2023 City Council Staff Report

10. Link to March 14, 2023 City Council Staff Report
Respectfully Submitted by: Viki Copeland, Finance Director Concur: Carrie Tai, AICP, 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 7 of 7 Printed on 3/23/2023
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CITY OF HERMOSA BEACH
ORDINANCE NO. 23-XXXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA

BEACH, CALIFORNIA INCREASING PARKING METER RATES AND FINDING

THE SAME EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT

THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. FINDINGS
A. Pursuant to Vehicle Code § 22508, cities must establish parking meter rates by ordinance.

B. The last time the City of Hermosa Beach considered the parking meter rates in the City was 2016.

C. The City Council received and accepted the Parking Management Study and Recommended Parking Standards for the Coastal Zone in late 2019.

Among other things, this Parking Study recommended that the City maintain its existing dual-rate structure that implements a demand pricing program where meters in higher demand areas cost more in the City.

D. In order to maintain the financial viability of the City’s parking program and consistent with parking rates in comparable jurisdictions, parking meter rates need to be increased.

SECTION 2. Parking Meter Rates. Section 10.36.010 (A) of the Hermosa Beach Municipal Code is hereby amended to read as follows:
“A. Parking meter zones are those streets or portions of streets or public parking lots established by Ordinance as zones within which the parking of vehicles may be controlled, regulated and inspected with the aid of parking meters. In the event that no parking meters are installed in any parking space within such parking meter zones, the maximum time for 1117

parking shall be as specified by this code or by Resolution of the City Council.

Parking meter rates shall be set at $2.00 per hour. Between the hours of 8:00 p.m. and 2:00 a.m. daily, parking meter rates shall be set at $2.50 per hour.

The hours of operation for meters throughout the City shall be _________ a.m. to 2:00 a.m.”
SECTION 3. Environmental Review. Pursuant to CEQA Guidelines section 15061 (b)(3), it can be seen with certainty that there is no possibility that the activity contemplated by this ordinance may have a significant effect on the environment. Furthermore, section 15273 of the CEQA Guidelines states that CEQA does not apply to modification of fees by public agencies for meeting operating expenses or financial needs.

SECTION 4. Effective Date. This Ordinance shall take effect thirty (30) days after its passage and adoption pursuant to California Government Code section 36937.

SECTION 5. Certification. The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City’s book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law.

PASSED, APPROVED and ADOPTED on this 28th day of March, 2023.

Raymond Jackson
PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, CA ATTEST: APPROVED AS TO FORM:
________________________________ ________________________________ Myra Maravilla Patrick Donegan
City Clerk City Attorney
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REVISED City Council Hybrid Meeting (Closed Session - 5:00 PM and Open Session - 6:00 PM) 03-28-23 17:00
Agenda Name Comments Support Oppose Neutral
a) REPORT 23-0175 AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF HERMOSA BEACH, CALIFORNIA INCREASING PARKING

METER RATES AND FINDING THE SAME EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT
(Finance Director Viki Copeland)
4 0 3 1
Sentiments for All Agenda Items
The following graphs display sentiments for comments that have location data. Only locations of users who have commented will be shown.

Overall Sentiment
Agenda Item: eComments for a) REPORT 23-0175 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA

BEACH, CALIFORNIA INCREASING PARKING METER RATES AND FINDING THE SAME EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT
(Finance Director Viki Copeland)
Overall Sentiment
Howard L
Location:

Submitted At: 2:56pm 03-28-23
Councilmembers:

While you are trying to scam another buck from the resiendents, businesses, and visitors, speak up and remind residents, especially seniors and near seniors to apply for all exemptions they are entitled too.

The parking meters were never intendended to be a revenue generator. That's a scam developed by politicians who are powerless without money to spend on useless and endless consultants and additional scams to keep themselves in power.
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The council should change enforcement to not start until 2 PM. Next they will push for 24 hours a day. This council spends too much time thinking up ways to tax and spend. There's $61 million sitting in the smoke and mirrors funds balances and not a street segment is anywhere near being rehabilitated. Definately oppose.

Howard L.

Tracy H
Location:

Submitted At: 12:50pm 03-28-23
Opposed
Council, Please consider lowering regulations not increasing them.

This is one of the last enjoyable options left for residents and others.

Unless, it is your goal to remove every last opportunity for joy from our lives, then leave it alone.

No to new fees and no to earlier time enforcement!
Opposed
Raymond Dussault
Location: 90254, HERMOSA BEACH
Submitted At: 11:02am 03-28-23
Dear Hermosa Beach City Council Members,
I am writing to urge you to vote against the proposed expansion of metered parking enforcement hours from 10AM to 8AM in Hermosa Beach. As a concerned community member, I believe that this proposal is not only unnecessary but also costly and potentially harmful to local businesses.

I have heard that some on City Council are concerned about early-morning surfers and volleyballers taking advantage of Hermosa's parking policies. However, the proposed solution of expanding metered parking enforcement hours is not cost-effective. At $2 per hour, there are very few people coming from outside the community to park at a meter during those early morning hours, and it is unlikely that the program will generate enough revenue to cover the associated costs.

Moreover, the proposed change could have a negative impact on local businesses, including Cafe Bonaparte, Java Man, and Martha's Restaurant - three staples of Hermosa's early morning scene. These businesses rely on early-morning customers, and expanding the metered parking hours could discourage customers from patronizing them.

Therefore, I urge the council to vote against the proposed expansion of metered parking enforcement hours.

Instead, I suggest exploring alternative solutions that are more cost-effective and do not harm local businesses.

For example, the council could consider increasing fines for parking violations during the existing metered hours, or installing additional parking meters in high-demand areas.

In conclusion, I believe that the proposed expansion of metered parking enforcement hours in Hermosa Beach is not worth the expense and potential harm to local businesses. As the City Council prepares to vote on this issue, I urge you to keep Hermosa Beach parking hours as they are and focus on more important matters that benefit the community as a whole.

Thank you for your attention to this matter.

Sincerely,
Ray
Vincent Busam
Location: 90254, Hermosa Beach
Submitted At: 4:11pm 03-27-23
The time is overdue to update our parking prices. This modest price increase is a small step in the right direction.

While we're on this topic, I suggest the city should look at taking smarter steps in the future. The biggest issue I 1120
see of the current and proposed systems is that it's a one price fits all system, where we'd ideally have many more price points to reflect the usage of our parking spaces. For example, we could have summer weekday, summer weekend, off-peak weekday, and off-peak weekend prices, and different zones based on distance from businesses. Those should all have different prices, potentially very different prices. A prime parking spot during peak season should be going for a lot more than $2.50/hour.

A distant spot in the off season might benefit from something lower than even our current rates. We should not be looking at other cities for pricing, just the usage rates of our own spots. We should also revisit the rates on a more regular basis. Our partnership with ParkMobile should make this easier to implement.

A good step to take today after adjusting any rates and hours would be to see what kind of data we can collect on usage, and return to this topic in a year to see how things can be better updated. 1121
City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
REPORT 23-0154
Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of March 28, 2023

ENCROACHMENT PERMIT TO ALLOW THE HERMOSA BEACH
CHAMBER OF COMMERCE AND VISITORS’ BUREAU TO MANAGE

AN ANNUAL STREET POLE BANNER PROGRAM
(Deputy City Manager Angela Crespi)
Recommended Action:

Staff recommends City Council:

1. Authorize the Public Works Director to execute and the City Clerk to attest the proposed encroachment permit for a period of one year subject to approval by the City Attorney (Attachment 1); and

2. Authorize the City Manager to direct the extension of the permit up to two additional one-year periods.

Executive Summary:

The City of Hermosa Beach has 37 street pole banner locations in the public right-of-way on Pier Avenue and Hermosa Avenue (Attachment 2). Street pole banners offer a means of celebrating holiday seasons, promoting the local economy and events, and supporting community branding. Staff recommends City Council consider approval of a one-year agreement to allow the Hermosa Beach Chamber of Commerce and Visitors Bureau (Chamber) to manage an annual street pole banner program and to allow the City Manager discretion to extend the permit for up to two additional oneyear periods.

Background:

At its April 12, 2011 meeting, City Council received a presentation from staff regarding the light pole banner policy and requested direction regarding possible changes to the policy and program. City Council directed staff to explore creation of a light pole banner program in cooperation with the Chamber and other community groups and return to City Council with a proposed revised program.

At its January 10, 2012 meeting, City Council received and approved a proposal from the Chamber to allow it to manage and assume all operating costs for the street light pole banners on Pier Avenue and Hermosa Avenue. Council further directed staff to return at a future meeting with a one-year City of Hermosa Beach Page 1 of 4 Printed on 3/23/2023
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REPORT 23-0154
agreement.

At its November 13, 2012 meeting, City Council received a staff proposal to allow the Chamber of Chamber to manage the light pole banners on an ongoing basis including managing requests for special events. It was staff’s recommendation at the time to forgo a formalized agreement and instead procedurally require City staff approval of content prior to installation. After deliberation, City Council reaffirmed its preference for a formal agreement.

To date, staff is unable to locate a formal agreement based on City Council’s direction and hereby returns with a proposed agreement for consideration.

Past Board, Commission and Council Actions
Meeting Date Description
April 12, 2011 City Council directed staff to explore creation of a light pole banner program with the Chamber and other community groups and return to City Council with a proposed program.

January 10, 2012 City Council approved a proposal from the Chamber to manage street light pole banners on Pier Avenue and Hermosa Avenue and directed staff to return to City Council with a one-year agreement.

November 13, 2012 City Council received a staff proposal to allow the Chamber to manage the light pole banners on an ongoing basis including managing requests by special events. Staff recommends no formal agreement, but City staff approval of content. City Council directed staff to prepare an agreement.

Discussion:

Having a vested interest in placemaking along the main corridors, the Chamber requests authorization to manage 28 street pole banner locations along the sidewalks on Pier Avenue and 9 street pole banner locations in the right-of-way median on Hermosa Avenue. As proposed, the Chamber desires to assist the City with management of an annual program that would include the design, installation, and removal of double-sided banners to identify the various seasons, while encouraging patronization of local businesses.

Based on the Chamber’s request, staff reviewed existing policies and past Council direction and determined that while City Council previously expressed support for allowing the Chamber to manage the downtown area street pole banners, no formal agreement was established. Staff is supportive of a cooperative arrangement that would offer a timely rotation of visually pleasing seasonal banners and community services or events while responsibly and equitably managing the public assets.

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Staff Report
REPORT 23-0154
Staff recommends City Council consider a proposed encroachment permit and covenant (Attachment 1) to formalize an arrangement between the City and the Chamber for management of an annual street pole banner program. The terms of the proposed agreement set forth the general rotation and conditions of the proposed including timeliness of seasonal banners and care and conditions of the materials. Included in the agreement is a requirement for all designs and artwork to be mutually approved by the City and the Chamber and to exclude any third-party logos.

In addition to the primary seasonal banners, the Chamber requests permission to allow up to 10 banners, or 25 percent, to be made available to non-profit organizations for the purpose of publicizing non-commercial ventures serving the Hermosa Beach community or providing community events within the City of Hermosa Beach. If approved, the Chamber would manage these limited requests and would be allowed to offset the cost of the banner program without generating any additional revenue.

Staff recommends City Council approve the proposed encroachment permit and covenant and provide the City Manager with the discretion to direct the extension of the permit up to two additional one-year periods.

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 2. The community is active and engaged in decision-making processes.

Policy:
· 2.1 Multiple outreach methods. Consistently engage in community outreach through neighborhood forums, social media, the latest technologies, personal interaction, and other methods on a regular basis.

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

Policy:
· 6.1 Long-Term economic development. Support the development and implementation of long-term economic development strategies that seek to establish and keep new businesses and a strong middle class in Hermosa Beach over the decades to come.

Fiscal Impact:

There is no fiscal impact associated with the recommended action.

City of Hermosa Beach Page 3 of 4 Printed on 3/23/2023
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Staff Report
REPORT 23-0154
Attachments:

1. Draft Encroachment Permit

2. Street Pole Banner Location Map

3. Link to April 12, 2011 City Council Staff Report

4. Link to January 10, 2012 City Council Staff Report

5. Link to November 13, 2012 City Council Staff Report
Respectfully Submitted by: Angela Crespi, Deputy City Manager Noted for Fiscal Impact: Viki Copeland, Finance Director Legal Review: Patrick Donegan, City Attorney
Approved: Suja Lowenthal, City Manager
City of Hermosa Beach Page 4 of 4 Printed on 3/23/2023
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1 CITY OF HERMOSA BEACH ENCROACHMENT PERMIT AND COVENANT PERMIT

RECITALS
A THIS PERMIT is made and entered into at Hermosa Beach, California, this 28th day of March,2023 by and between the CITY OF HERMOSA BEACH, a municipal corporation in the county of Los Angeles, State of California, hereinafter referred to as "CITY" and the HERMOSA BEACH CHAMBER OF COMMERCE referred to as "PERMITTEE" for the purpose of permitting PERMITTEE nonexclusive use of a portion of the public right-of-way as described below.

B. PERMITTEE desires to install banners on CITY street
poles (hereinafter the "encroachment").

C. Proposed encroachment is specifically described as set forth in Exhibits A and B attached hereto and incorporated herein by this reference.

D. As an accommodation to PERMITTEE, CITY is willing to allow the encroachment as proposed, and PERMITTEE desires to protect the CITY from potential liability arising from any claim or liability associated with the encroachment.

PERMIT

1. Encroachment permit. A revocable encroachment permit is hereby granted to PERMITTEE on the right-of-way described in the recitals hereinabove as described in Exhibit A and the map attached hereto as Exhibit B in accordance with the provisions of Chapter 12.16 of the Hermosa Beach Municipal Code and the provisions of this permit.

2. Term. This permit shall take effect on the date set forth hereinabove and shall remain in effect up to a period of one year or until and unless extended or revoked by CITY pursuant to Paragraph 3 herein or voluntarily relinquished or abandoned by PERMITTEE.

3. Termination. This permit is in the nature of a revocable license and may be extended or revoked by CITY at any time, with or without cause, in CITY's sole discretion, upon giving PERMITTEE thirty (30) days' advance notice of revocation.

4. Assignment. This permit shall not be assigned or transferred without the written consent of CITY. Any such purported assignment or transfer shall be void and of no effect.
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2 5. Indemnification. PERMITTEE shall indemnify and hold harmless CITY, its officers, employees and agents from and against all claims, causes of action, liabilities and damages for injuries to persons and property, including reasonable costs of defense and attorney fees, arising from PERMITTEE's encroachment on CITY property as described in Exhibit A, including but not limited to PERMITTEE's negligent or wrongful acts, errors or omissions in the construction, erection and continued maintenance of the encroachment in its location.

PERMITTEE shall promptly pay the amount of any judgment rendered against CITY, its officers, employees and agents for any such indemnified claims, and reasonable costs and attorney fees incurred by CITY in the defense of such claims.

6. CITY's right of entry. PERMITTEE acknowledges the CITY's absolute right to enter upon the encroachment area for purposes of inspection, replacement, repair, or maintenance of public facilities above, on or under the right-of-way and PERMITTEE expressly waives any and all claims for damages to its encroachment resulting from such actions.

7. Damage to right-of-way. PERMITTEE assumes responsibility for all damage to CITY's right-of-way caused by construction or maintenance of the encroachment and shall reimburse CITY for correction of any such damage.

Upon failure of PERMITTEE to so reimburse CITY, the cost incurred by CITY in removing the encroachment shall be a debt of the PERMITTEE to the CITY, and recoverable by CITY in any manner provided by law.

8. Restoration of premises. Within thirty (30) days of termination of this permit, whether upon its expiration or earlier termination, PERMITTEE shall at its expense remove the encroachment and restore the property to its condition prior to placement of the encroachment. In the event PERMITTEE fails to do so, CITY shall have the option of removing the encroachment at PERMITTEE's expense and PERMITTEE waives all claims for damage to the encroachment or PERMITTEE's adjacent property or improvements resulting from such removal. The cost incurred by CITY in removing the encroachment is a debt of the PERMITTEE to the CITY, and recoverable by CITY in any manner provided by law.

9. Compliance with Codes. PERMITTEE shall perform all work in full compliance with all applicable codes, ordinances and laws, and obtain all necessary permits.

10. Maintenance of encroachment area. During the term of this 1127
3 permit, PERMITTEE shall at its sole expense maintain the encroachment in good condition and appearance, in accordance with all ordinances, and shall not allow a nuisance condition to exist on the encroachment area.

IN WITNESS WHEREOF, PERMITTEE has executed this Encroachment Permit and Covenant on the date first written above.

CITY OF HERMOSA BEACH PERMITTEEE
Joe SanClemente, Public Works
Director
By: NAME/TITLE
ATTEST:

Myra Maravilla, City Clerk Taxpayer ID No.

APPROVED AS TO FORM:

Patrick Donegan, City Attorney
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4 Exhibit A
Encroachment consists of a program wherein PERMITTEE shall manage an annual deployment of twenty-eight (28) street pole banner locations along the sidewalks on Pier Avenue and nine (9) street pole banner locations in the right-of-way median on Hermosa Avenue.

The street pole banner program shall include design, installation, and removal of double-sided seasonal banners generally in accordance with the following rotation and conditions:

Rotation
 January - May: Spring Beach Style Branding (ex: Eat, Shop, Stay, Play)  June – September: Summer Branding
 October – December: Winter Branding (ex: Hermosa for the Holidays) Conditions
 All banners must be maintained in a clean and presentable condition free of rips, tears, missing corners, or fading beyond useful life.  Banners shall fit the existing pole hardware dimensions.  Banner artwork must be mutually approved by PERMITEE and CITY. A rendering of the banner artwork must be submitted to City Manager’s Office via email five business days prior to submitting artwork to print.  Banners shall not contain logos or other identification of sponsorships outside of the City logo, Hermosa Beach Chamber of Commerce and Visitors Bureau logo, or the Truly Hermosa logo.
 PERMITEE shall be responsible for the installation of banners. PERMITTEE may subcontract installation of banners to a qualified vendor. o Installation vendor must carry workers compensation insurance for its staff handling installation, and list the City of Hermosa Beach as an additional insured on its Certificate of Insurance.
o PERMITTEE shall be responsible for and all necessary traffic control per the most current edition of the Work Area Traffic Control Handbook (WATCH) or the California Manual on Uniform Traffic Control Devices (CA MUTCD), as appropriate during the installation process.  PERMITTEE shall not be responsible for routine maintenance of banner brackets or other hardware attributed to regular wear and tear and shall report any such damage to the City to schedule for repair. The City, at its sole discretion, will schedule and repair such damage.
 PERMITTEE shall not install new banner brackets or other hardware, without written approval by the City.
 PERMITTEE shall be further authorized to allow up to 10 (approximately 25%) of the banner locations to be made available to non-profit organizations for the purpose of publicizing non-commercial ventures serving the Hermosa Beach community or providing community events within the City of 1129
5 Hermosa Beach.
 When made available for use by other entities, PERMITEE shall be allowed to offer one or more banner spaces for a limited period of time and not-toexceed three months and at a cost that would offset the cost of printing, installation, and removal of the banners. Banners may include the logo of that entity or event and, when possible, will be returned to the organization for future use.
 Conditions as outlined above shall continue to apply and the entirety of the program shall be of cost recovery only and shall not be a revenue generating activity.

Insurance Requirements
Contractor shall procure and maintain during the entire Term of this Agreement the following types of insurance, and shall maintain the following minimum levels of coverage, which shall apply to any claims which may arise from or in connection with Contractor’s performance hereunder or the actions or inactions of any of Contractor’s officers, agents, representatives, employees, or subcontractors in connection with Contractor’s performance. The insurance requirements hereunder in no way limit Contractor’s various defense and indemnification obligations, or any other obligations as set forth herein.

Minimum Limits of Insurance. Contractor shall maintain in force for the term of this Agreement limits no less than: 1. Comprehensive General Liability: Two Million Dollars ($2,000,000) limit aggregate and One Million Dollars ($1,000,000) limit per occurrence for bodily injury, personal injury and property damage. 1130

EXHBIT B
The permit is limited to the banner locations on Pier Avenue and Hermosa Avenue as indicated on the below map. 1131
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REVISED City Council Hybrid Meeting (Closed Session - 5:00 PM and Open Session - 6:00 PM) 03-28-23 17:00
Agenda Name Comments Support Oppose Neutral
b) REPORT 23-0154 ENCROACHMENT PERMIT TO ALLOW THE

HERMOSA BEACH

CHAMBER OF COMMERCE AND VISITORS' BUREAU TO MANAGE

AN ANNUAL STREET POLE BANNER PROGRAM
(Deputy City Manager Angela Crespi)
1 0 1 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 23-0154 ENCROACHMENT PERMIT TO ALLOW THE HERMOSA BEACH

CHAMBER OF COMMERCE AND VISITORS' BUREAU TO MANAGE

AN ANNUAL STREET POLE BANNER PROGRAM
(Deputy City Manager Angela Crespi)
Overall Sentiment
Tracy H
Location:

Submitted At: 12:49pm 03-27-23
Please avoid posting banners that might be considered political or controversial. “We tried to open it up for other opportunities for people to use banners, and it started crossing into the realm of what might be considered political or controversial,”
https://the32789.com/2023/03/22/city-commission-overhauls-event-banner-policy/ 1134

ENCROACHMENT PERMIT

FOR AN ANNUAL STREET

POLE BANNER PROGRAM
March 28, 2023
1135

BACKGROUND
• April 12, 2011 - City Council directed staff to explore creation of a street pole banner program in cooperation with the Chamber and other community groups.
• January 10, 2012 - City Council approved a proposal
from the Chamber to allow it to manage and assume all
operating costs for the street pole banners on Pier and Hermosa Avenues. Council directed staff to return with a one-year agreement.
1136

BACKGROUND
• November 13, 2012 - City Council received a proposal to allow the Chamber to manage the street pole banners
on an ongoing basis including managing requests for
special events. After deliberation, City Council
reaffirmed its preference for a formal agreement.
• Unable to locate a formal agreement based on prior
City Council’s direction, and the Chamber’s continued
interest, staff hereby returns with a proposed formal for Council consideration.
1137

STREET POLE BANNER LOCATIONS
1138

PROPOSED PROGRAM
• Chamber management of 37 street pole banners including design, installation, and removal;
• Seasonal programming of double-sided banners generally placed for Spring, Summer, and Winter;
• Mutual approval of banner designs and artwork;
• Up to 10 (25%) of banners locations available to non-profit organizations for publicizing non-commercial ventures or community events; and
• Cost recovery of overall banner program.
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ENCROACHMENT PERMIT

FOR AN ANNUAL STREET

POLE BANNER PROGRAM
March 28, 2023
1140
City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
REPORT 23-0173
Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of March 28, 2023

AUTHORIZE CITY MANAGER TO PARTICIPATE IN FUTURE OPIOID SETTLEMENT

AGREEMENTS AND TO ALLOCATE SETTLEMENT FUNDS TO BEACH CITIES HEALTH

DISTRICT
(City Manager Suja Lowenthal)
Recommended Action:

Staff recommends City Council:

1. Authorize City Manager to opt into future opioid settlement agreements, and direct the City Manager to execute any documents necessary to implement the action; and

2. Authorize City Manager to enter into a professional services agreement with Beach Cities Health District to use its share of settlement dollars to support opioid abatement or remediation uses.

Executive Summary:

In 2021, the City Council opted to participate in two nationwide opioid settlements, Distributors and Janssen, and directed staff to work with Beach Cities Health District to use its share to fund opioid abatement activities for City residents (Attachment 1). More recently, the City has been notified that additional nationwide opioid settlements have been reached with Teva, Allergan, CVS, Walgreens, and Walmart. The amount that the City will receive from these settlements is currently unknown as the total amount paid is dependent on the number of jurisdictions that opt in. However, it is very likely that these settlements will be less than the Distributors and Janssen settlements. The deadline for the City to opt into these settlements is April 18, 2023. Further, City staff anticipates additional settlement agreements to potentially participate in, as the State of California continues to join additional lawsuits against other entities responsible for aiding the opioid epidemic (Attachment 2).

Knowing this, City staff recommends that the Council allow the City Manager discretion to enter into additional opioid settlement agreements on the behalf of the City, and to provide the City Manager with the authority to direct the City’s allocation of any future settlements to Beach Cities Health District for opioid abatement activities.

Background:

At its November 23, 2021, Council authorized the City to opt into direct payment of its share from two City of Hermosa Beach Page 1 of 4 Printed on 3/23/2023
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REPORT 23-0173
At its November 23, 2021, Council authorized the City to opt into direct payment of its share from two nationwide opioid settlement agreements (Attachment 1):
· Distributors (Amerisource Bergen, Cardinal Health, and McKesson) · Janssen Pharmaceuticals, Inc. (parent company Johnson & Johnson).

To date, City has received $31,445.11 in direct payments for both agreements and expects to receive approximately $240,000 combined over the next 18 years from the two settlements. The definite amount that the City will receive for opioid abatement activities is not yet known because there may be additional settlements with other companies; also, if another city litigates against the defendants this could lead to the postponement of payments from the existing two settlements to the states.

City staff is currently working on an agreement to direct its share of the Distributors and Janssen settlement agreements either via a grant or subcontract to Beach Cities Health District. Beach Cities Health District would use then these funds to directly support opioid abatement and remediation activities for Hermosa Beach residents. City staff would remain responsible for reporting on the use and expenditure of funds via an online portal established by the BrownGreer, the Directing Administrator for the Distributor and Janssen Settlements, for the duration of the payout, which is 18 years for the Distributors and seven years for Janssen.

Past Board, Commission and Council Actions
Meeting Date Description
November 23, 2021 Consider Opting into Settlement Agreements with Distributors of Opioids Amerisource Bergan, Cardinal
Health, and Messon, and Opioid Manufacturer Janssen
(owned by Johnson & Johnson)
Discussion:

States and cities across the United States have filed thousands of lawsuits against companies involved in marketing, manufacturing, or distributing opioids to recover costs associated with the opioid overdose epidemic. Some of these lawsuits have led to nationwide settlement agreements, with payouts to states and local political subdivisions for the purpose of funding opioid abatement activities. The Distributors Agreement and the Janssen Agreement (“2021 National Settlements”) were the first two in which the City had the option of participating. The City did so, per Council direction, and is now working with Beach Cities Health District to enter into an agreement to receive the City’s allocation to fund its own opioid abatement program to serve Hermosa Beach residents.

Since then, nationwide settlements were reached to resolve all opioid litigation with three pharmacy chains-CVS, Walgreens, and Walmart-and two additional manufacturers-Allergen and Teva in late 2022. As with the 2021 National Settlements, states and localities that wish to participate in the 2022 National Settlements need to “opt in.” The City must opt into the settlements by April 18, 2023, which City of Hermosa Beach Page 2 of 4 Printed on 3/23/2023
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REPORT 23-0173
National Settlements need to “opt in.” The City must opt into the settlements by April 18, 2023, which requires the City to release its claims against the five aforementioned companies. If the City takes no action, it would have opted out of the settlements and its designated funds would flow to the state.

The City would still have the opportunity to bring its own action.

Through the five agreements, the State of California may receive up to an additional $1.8 billion dollars, although this final figure depends on the number of cities and counties that sign onto the agreement.

Staff is still evaluating the allowable uses, reporting requirements, and potential distribution amounts, will determine whether it is worthwhile for the City to participate in the 2022 National Agreements.

The State of California has joined additional lawsuits against manufacturers, distributors, and other entities responsible for aiding the opioid epidemic and anticipates receiving funds from future opioid judgment and settlement agreements (Attachment 2). As a result, the City anticipates evaluating additional settlement agreements to join into the foreseeable future. Knowing this, staff recommends that Council allow the City Manager discretion to enter into additional opioid settlement agreements on the behalf of the City, and to provide the City Manager with the authority to direct the City’s allocation of any future settlements to Beach Cities Health District for opioid abatement activities.

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:

Public Safety Element
Goal 3. 5. High quality police and fire protection services provided to residents and visitors Policy:
· 5.9. Police and Fire enforcement grants. Pursue grant funding and other outreach programs to minimize and abate nuisances.

Fiscal Impact:

There is no fiscal impact associated with the recommended actions. Any funds that the City receives from future settlement agreements would be restricted for opioid abatement or remediation uses.

Attachments:

1. Link to November 28, 2021 City Council Staff Report

2. Link to Opioid Settlement page on California Department of Health Care Services website City of Hermosa Beach Page 3 of 4 Printed on 3/23/2023
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(dhcs.ca.gov)
Respectfully Submitted by: Sirinya Matute, Senior Management Analyst Concur: Angela Crespi, Deputy City Manager
Noted for Fiscal Impact: Viki Copeland, Finance Director Legal Review: Patrick Donegan, City Attorney
Approved: Suja Lowenthal, City Manager
City of Hermosa Beach Page 4 of 4 Printed on 3/23/2023
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AUTHORIZE CITY MANAGER TO

PARTICIPATE IN FUTURE OPIOID

SETTLEMENT AGREEMENTS & TO

ALLOCATE FUNDS TO BEACH

CITIES HEALTH DISTRICT
March 28, 2023
1145

BACKGROUND
• November 23, 2021 – City opted to participate in two
nationwide opioid settlements, Distributors and Janssen, and directed staff to work with Beach Cities Health
District to use its share to fund opioid abatement
activities for City residents.
• To date, City has received $31,445 in payments for both agreements. The total amount over 18 years is estimated at $240,000 but is dependent on ongoing litigation.
1146

DISCUSSION
• Per Council direction, staff is currently working on an agreement to direct its settlement shares to Beach Cities Health District via grant or subcontract.
• In accordance with settlement guidelines, Beach Cities Health District would use these funds to directly support opioid abatement and remediation activities for
Hermosa Beach residents.
• As the recipient, the City would remain responsible for reporting on the use and expenditure of funds.
1147

DISCUSSION
• 2022 National Settlements (Teva, Allergan, CVS,
Walgreens, and Walmart)
o The State of California may receive up to $1.8 billion dollars depending on the number of cities and counties
that sign onto the agreement.
o Deadline to opt-in April 18, 2023.
o Staff is currently evaluating allowable uses, reporting requirements, and potential distribution amounts.
1148

DISCUSSION
• The State of California has joined additional lawsuits against manufacturers, distributors, and other entities. • With additional settlements agreements possible in the future, staff requests City Council authorization to
allow the City Manager to evaluate the merits of
participation in each and to direct future allocations
to Beach Cities Health District.
1149
City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
REPORT 23-0198
Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of March 28, 2023

PROVIDE DIRECTION TO CITY STAFF REGARDING A DRAFT ORDINANCE AMENDING VARIOUS SECTIONS OF CHAPTER 12.16 OF THE HERMOSA BEACH MUNICIPAL CODE

ESTABLISHING A PERMANENT OUTDOOR DINING AND RETAIL PROGRAM (Environmental Program Manager Doug Krauss)
Recommended Action:

Staff recommends City Council:

1. Consider the draft ordinance amending various sections of Chapter 12.16 of the Hermosa Beach Municipal Code establishing a permanent outdoor dining program (Attachment 1); and

2. Provide direction on program elements to inform the finalization of the Ordinance to be brought back for first reading at the April 25, 2023 Council Meeting.

Executive Summary:

At its December 14, 2021 meeting, City Council directed staff to develop a permanent version of the temporary outdoor dining, outdoor retail and downtown lane reconfiguration programs that were created in response to the COVID-19 pandemic. Council subsequently extended the temporary program through May 1, 2023 and directed staff to develop the elements of a permanent program to Council before that date.

City staff and the City Attorney have identified the necessary municipal code changes to implement a permanent program and seek City Council’s input on key elements to be able to return with a final version for first reading at the April 25, 2023 Council meeting, along with other materials necessary for establishing the permanent outdoor dining program.

Background:

The City has long supported and encouraged outdoor dining on private and public property to supplement indoor operations. With the onset of the pandemic and related health orders, businesses were limited to conducting business outdoors. Recognizing the hardship, City Council approved a program to allow expanded outdoor dining and other commercial activity. The City also suspended zoning and parking requirements to allow outdoor dining on private property and established a temporary encroachment permit program to allow encroachments into sidewalks, public streets, and Pier Plaza. Both the private property programs and encroachment program (together, the “Outdoor City of Hermosa Beach Page 1 of 9 Printed on 3/23/2023
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Pier Plaza. Both the private property programs and encroachment program (together, the “Outdoor Permit Program”) include a basic set of guidelines pertaining to hours of operation, permitted uses, and maintenance.

The City issued over 60 permits during the term of the Outdoor Permit Program in a variety of commercial locations. Initially, City Council allowed these uses without consideration of any encroachment area rents or reimbursement of lost parking meter revenue. In June 2021, Council approved the extension of the pilot program through December 31, 2021, and authorized implementation of a reapplication process for outdoor dining areas that included, among other things, renewal of permissions from neighboring businesses, requirement of deposits or surety bonds to pay for removal of the decks should the City need to do so, and other operational measures meant to limit any negative impacts of these operations.

At its December 14, 2021 meeting, Council approved an extension of the programs through May 31, 2022. At its January 25, 2022 meeting, Council discussed implementing new fees for the temporary outdoor dining encroachments and approved a fee of $1.50 per square foot per month to begin March 1, 2022. This fee would have also been applicable to temporary outdoor retail encroachments should there have been any.

Council subsequently extended the program in both May and November of 2022 with a final extension to May 1, 2023, and directed staff to bring elements of a permanent program for consideration.

Additionally, at its November 3, 2022 meeting, Council provided feedback on the items below to help shape the details of the permanent outdoor dining program and, simultaneously, finalize the project description for California Environmental Quality Act (CEQA) purposes:

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

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

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

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

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

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

7. The area in which individual dining areas would be located is not environmentally sensitive; City of Hermosa Beach Page 2 of 9 Printed on 3/23/2023
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and

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

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

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

City Council directed staff to work with the Economic Development Committee (EDC) to explore aspects of the program that could directly benefit local businesses. At meetings in August and September 2020, Council directed staff to move forward with designs of lane reconfiguration concepts for both Hermosa Avenue and Pier Avenue. These concepts included removing one through vehicle lane in each direction, adding a bike lane, installing new on-street ADA accessible parking spots, and adding associated signage and pavement markings. Work began in early January 2021 and was completed by January 16, 2021. At its July 13, 2021 meeting, Council approved a resolution extending the Downtown Lane Reconfiguration Program through December 31, 2021. At its May 24, 2022 meeting, Council approved an extension of both programs through January 1, 2023 and, in November 2022, extended the programs again until May 1, 2023.

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

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

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

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

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

December 14, 2021 Approved development of permanent programs, and extension of temporary programs through May 2022
January 25, 2022 Discussion and approval of new fees for temporary encroachments February 8, 2022 Approved reinstatement of existing fees for permanent encroachment areas
May 24, 2022 Approved extension of programs through January 2023 June 142022 Approved additional refinements to the outdoor dining programs City of Hermosa Beach Page 3 of 9 Printed on 3/23/2023
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reconfigurations.

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

December 14, 2021 Approved development of permanent programs, and extension of temporary programs through May 2022
January 25, 2022 Discussion and approval of new fees for temporary encroachments February 8, 2022 Approved reinstatement of existing fees for permanent encroachment areas
May 24, 2022 Approved extension of programs through January 2023 June 14, 2022 Approved additional refinements to the outdoor dining programs November 3, 2022 Approved extension of temporary programs through May 1, 2023 January 24, 2023 Consideration market rate appraisal, temporary rooftop dining, and changes to Pier Plaza temporary encroachments
Discussion:

Due to the complexity of the proposed permanent outdoor dining program, staff and the City Attorney ask Council’s consideration and direction regarding a draft of the ordinance that would establish the permanent program (Attachment 1). Council’s direction will more efficiently guide staff and focus their efforts as they continue to craft the final program elements to bring to Council in April.

This draft ordinance amends Chapter 12.16 of the Hermosa Beach Municipal Code, which is the City’s existing ordinance on encroachments in the public rights-of-way and Pier Plaza. The Public Works Department administered the existing encroachment program, which was, in effect, the governing encroachments in the City prior to the COVID-19 pandemic.

Staff recommends creating a single program to regulate encroachments on Pier Plaza that includes encroachments that were approved before the pandemic. A single program would be easier for staff to implement and easier for the public to understand. These modifications propose outdoor dining encroachments that would be allowed in certain public areas (Pier Plaza and the public rights-of-way such as sidewalks and parking spaces) and that retail encroachments would be allowed only on Pier Plaza. This would be accomplished via an annual encroachment permit subject to required findings by the City Manager or designee that must be renewed yearly. Each possible type of encroachment (i.e., Pier Plaza, dining deck in a parking space, areas on the sidewalk) has its own operational standards and the City Manager would have the ability to promulgate regulations furthering the intent of the ordinance without contradicting it.

Additionally, these encroachment permits are not vested land use rights such as a Conditional Use Permit (CUP) or similar permit; rather, because the City is granting the use of public space for this private commercial activity, the City always retains the ability to revoke the permit without cause.

Specifically, staff seeks Council’s direction on the following items and any other items the Council deems pertinent:
· Pier Plaza Encroachments. At its January 24, 2023 meeting, Council discussed options for the temporary encroachments allowed on Pier Plaza during the COVID-19 pandemic. Pier City of Hermosa Beach Page 4 of 9 Printed on 3/23/2023
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the temporary encroachments allowed on Pier Plaza during the COVID-19 pandemic. Pier Plaza businesses have benefitted from the use of the extra encroachment areas, which allowed the businesses to expand their existing 13 feet of permanent encroachment area by an additional 12 feet into Pier Plaza. Businesses outside of Pier Plaza have also benefitted from the opportunity to utilize on-street dining decks, sidewalk areas, and private property dining areas. To address the desired usage of public right-of-way currently occupied by these Pier Plaza and non-Plaza businesses, staff recommends Council consider three options for these encroachments as it considers permanent changes to outdoor dining:
o Suspend use of the additional temporary encroachment areas on Pier Plaza. This would allow some of this iconic community area, currently being used by private businesses, to be enjoyed again for passive use by members of the community and the general public. Council may also consider suspending all temporary right-of-way encroachments, excepting on-street dining deck areas.
o Limit the size and configuration of these temporary encroachment areas. In an attempt to address the sentiments shared during Council’s discussion at the January 24, 2023 meeting and those of businesses on and off Pier Plaza, staff offers an option utilizing a fixed maximum size for the permanent encroachments as well as a restriction that the encroachments be located only directly in front of their own frontage. This would balance some of the disparities in size between the various encroachments and would more closely align with the sizes of the on-street dining decks. It would also help lead to more coherent and orderly encroachments in the right-of-way, especially on Pier Plaza.

City staff recommends limiting the size of a temporary encroachment area to 500 square feet. This aligns with the average size of current on-street dining decks and Pier Plaza temporary encroachments, which is also about 500 square feet.

The range of encroachment area sizes on Pier Plaza currently spans from 120 square feet to 1095 square feet, and there are currently four businesses on the Plaza with temporary encroachment areas larger than 500 square feet. There is one off-Plaza business with a temporary encroachment over 500 square feet. Thus, a maximum of 500 square feet would affect 5 of the 13 businesses that currently operate temporary off -street public right-of-way encroachments and would result in the elimination of the 2 encroachments that expand into other properties’ frontages. It would also allow the continued use of Loreto Plaza but at less than half the size of the current dining area located there. This maximum would not apply to on-street dining decks that are proposed to be limited in area based on maximum parking spaces occupied, as described in the draft Ordinance.
o Leave the encroachments as they are and allow them to become permanent in their current configurations, but subject to the operational and permitting standards of the City of Hermosa Beach Page 5 of 9 Printed on 3/23/2023
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ordinance.

The draft ordinance only addresses public right-of-way encroachments. The rooftop dining decks on Pier Plaza discussed by Council at the January 24, 2023 meeting and other dining areas allowed on private property would need to be addressed separately and would require a modification to Title 17 of the zoning code and Planning Commission review and recommendation. Chapter 12.16 is only geared toward public areas-not private property-and thus would not require a change to the zoning title.
· Hours of Operation. Currently, all temporary outdoor encroachments on the public right-ofway are required to cease operation and vacate by 11 p.m. Staff seeks Council direction on the hours of operation for a permanent program. Currently, a temporary encroachment area is required to close by 11 p.m., but the adjacent permanent encroachment areas, such as those on Pier Plaza, could remain open for operation until a later hour, based on an existing encroachment permit. Staff believes that establishing a uniform ending hour for all encroachments on Pier Plaza may be worthwhile to improve consistency and make enforcement more efficient. Another potential feature to consider is to base the size of Pier Plaza encroachments on the hours of operation of the applicant. That is, only those businesses that close at a certain hour would be allowed an increase in the size of an allowable encroachment. For businesses that currently close outside this certain hour, the additional encroachment area allowance could be an option should the business voluntarily reduce its hours via a CUP amendment. Currently, of the seventeen dining establishments on Pier Plaza, six are late-night businesses that this option could impact. Rules on hours of operation could be applied uniformly or individually to the three encroachment areas of: Pier Plaza, off Pier Plaza, and on-street dining decks.
· Serving of alcohol. Staff seeks Council’s direction on allowing alcohol to continue to be served in the encroachment areas. Currently, businesses are required to get approval for serving alcohol on these temporary encroachments through Alcohol Beverage Control (ABC).

These temporary allowances are set to expire in early 2024, per Assembly Bill 61. The City could establish its own guidelines and require proof of ABC approval for any businesses wishing to serve alcohol in these encroachment areas.
· Outdoor Music. Outdoor music in the public right-of-way was permitted by emergency order in April 2021 to enrich the outdoor dining experience during the COVID-19 pandemic (Attachment 2). Staff seeks Council’s direction on including a permanent allowance for outdoor music in conjunction with the outdoor dining program. Staff seeks direction as to whether music should be allowed outdoors and whether it should be allowed at all commercial establishments or only those with outdoor dining. The allowance for outdoor music could be codified with specific guidelines developed separately to match the City’s noise ordinance and City of Hermosa Beach Page 6 of 9 Printed on 3/23/2023
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codified with specific guidelines developed separately to match the City’s noise ordinance and consequent enforcement. Should Council wish to modify or increase the availability of indoor music, this would come back separately because it would potentially involve zoning and other Community Development concerns related to private property. · Lane Reconfigurations. Additionally, staff seeks Council’s direction regarding the permanence of the downtown lane reconfigurations. Although this matter is technically separate from the outdoor dining program and will be brought to Council separately for consideration, the two programs are intimately connected and were analyzed for the permanent outdoor dining program concurrently in regard to their environmental concerns under CEQA. The current on-street outdoor dining decks are made effective and desirable largely due the presence of the lane reconfigurations. The bike lane not only provides a valuable option for multi-modal transportation but serves as a buffer zone between the dining decks and vehicular traffic. This improves both safety and comfort for dining patrons. It also provides extra space for the decks to expand and allows more efficient and spacious outdoor dining. If the bike lane was removed, the decks would have to reduce their depth by three feet to ensure a safe buffer between the deck wall and vehicles. Although many decks were originally built before the lane reconfiguration, the City’s traffic engineer strongly recommends retaining the buffer zone to improve both the safety of the dining decks and passing vehicles.

Returning to two lanes of travel would result in decks that are in most cases too shallow to be feasible for adequate seating. For example, a typical on-street deck located in a parallel parking spot is eight feet deep, including the deck barrier wall, which leaves six and a half feet of usable depth. If these were reduced by three feet to accommodate a buffer zone due to the restoration of the second drive lane, the resulting deck would be three and a half feet deep which is not sufficient for a full-size table and chairs. Additionally, should a deck operator choose, they could expand their new permanent decks further into the right of way up to two feet from the right edge of the bike lane.

In addition, traffic counts performed each summer since 2020 have shown that the effect of the lane reconfigurations on traffic has been negligible. Although a 32 percent increase in overall vehicular volume in the downtown area was observed between summers 2021 and 2022, a five percent decrease in speeds was also measured along with increases of 33 percent and 26 percent in walking and biking activity, respectively. A more elaborate discussion of the project’s effect on traffic and transportation patterns will be brought to Council at the April 25, 2023 meeting.

Other Program Elements and Next Steps
A discussion of proposed fees for all affected encroachment areas will be brought to Council at the April 25, 2023 meeting. Materials related to the environmental review of the proposed permanent outdoor dining program, guidelines for dining areas, and proposed encroachment fees are in City of Hermosa Beach Page 7 of 9 Printed on 3/23/2023
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outdoor dining program, guidelines for dining areas, and proposed encroachment fees are in progress and will also be brought to Council on April 25, 2023, along with the final draft of the ordinance. Staff continues to craft these elements and gather feedback from relevant businesses and stakeholders to ensure a thoughtful proposal for Council’s consideration. Should the permanent program be approved by Council, staff will then engage Coastal Commission to apply for the necessary Coastal Development Permit.

Finally, staff seeks the Council’s direction on whether, if the permanent program is not in place by May 1, 2023, should another extension be considered to allow existing businesses to continue to operate until the permanent program is completely finalized.

General Plan Consistency:

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

Relevant Goals and Policies are listed below:

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

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

Mobility Element
Goal 1. Complete Streets (Living Streets) that serve the diverse functions of mobility, commerce, recreation, and community engagement for all users whether they travel by City of Hermosa Beach Page 8 of 9 Printed on 3/23/2023
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walking, bicycling, transit, or driving.

Policy:
· 1.1 Consider all modes. Require the planning, design, and construction of all new and existing transportation projects to consider the needs of all modes of travel to create safe, livable and inviting environments for all users of the system.

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

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

Fiscal Impact:

There is no fiscal impact from the consideration of the draft ordinance. Staff anticipates a more complete discussion of fiscal impacts of the proposed permanent program when brought to Council in April.

Attachments:

1. Draft Ordinance

2. Live Entertainment Ordinance

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

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

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

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

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

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

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

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

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

12. Link to June 14, 2022 City Council Staff Report

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

14. Link to January 24, 2023 City Council Staff Report
Respectfully Submitted by: Douglas Krauss, Environmental Program Manager Noted for Fiscal Impact: Viki Copeland, Finance Director Legal Review: Pat Donegan, City Attorney
Approved: Suja Lowenthal, City Manager
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Chapter 12.16 Encroachments

12.16.010 Definitions.

12.16.020 Permit.

12.16.030 Commencement of work without permit.

12.16.040 Authority to grant.

12.16.050 Residential encroachments.

12.16.060 Commercial encroachments.

12.16.070 Findings necessary to grant an encroachment.

12.16.080 Requirements and conditions of approval.

12.16.090 Commercial outdoor dining.

12.16.100 Commercial encroachments–Retail display areas.

12.16.110 Application procedure.

12.16.120 Maintenance of encroachment.

12.16.130 Nonconformance of encroachment.

12.16.150 Revocation.

12.16.160 Encroachment violation.

12.16.170 Violation–Misdemeanor.

12.16.180 Violations of encroachment regulations–Additional remedies.

12.16.190 Fees.

12.16.010 Definitions.

As used in this chapter:

Commercial encroachment shall mean an encroachment into the adjoining public right-of-way for any commercial purpose.

Encroachments are structures, objects, uses or landscaping owned by a private property owner and located on or over adjoining public right-of-way for the property owner’s use and enjoyment. Permissible residential encroachments are those which place a minimal burden on the right-of-way, are easily removable and do not materially alter the character of the right-of-way as open space, and include landscaping, fencing, movable personal property (such as furniture and planters), patios, decks, landscape irrigation and lighting systems and similar structures and objects, in accordance with the standards, conditions and requirements of this chapter. .

Encroachment means and includes any obstruction, tower, pole, pole line, pipe, wire, cable, conduit, wall, fence, balcony, deck, stand or building, or any structure or object of any kind or character which is placed in, along, under, over or across public right-of-way.

Pedestrian walk street is defined by council under a separate resolution 1159 Person includes any individual, firm, co-partnership, joint venture, association, corporation, estate, trust, business trust, any district, any city, any county including this county, and all departments and bureaus thereof except the city of Hermosa Beach.

Pier Plaza [INSERT DEFINITION]
Residential encroachment shall mean an encroachment into the adjoining public right-of-way for the residential property owner’s private use and enjoyment.

Shall and May. “Shall" is mandatory; "may" is permissive.

Structure is defined by the Uniform Building Code as that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner.

12.16.020 Permit.

An encroachment permit is required for any landscaping in excess of forty-two (42) inches in height, and any structure, object or use which is permitted by this chapter to encroach on or over a public right-ofway. The encroachment permit shall be in a form provided by the city and approved by the city attorney.

Issuance of an encroachment permit is within the city’s sole discretion and constitutes a privilege granted by the city as a convenience to an adjoining property owner and not a right. No land use rights or any other kind of vested rights are created by virtue of an encroachment permit. Encroachment permits shall be for a period not to exceed one (1) year and must be renewed annually. An application for renewal shall require the same findings as an original application except as otherwise noted and shall be submitted no later than sixty (60) days prior to the expiration of any existing encroachment permit. An encroachment permit is not a substitute for a building permit or a construction permit when either is otherwise required by this Code.

12.16.030 Commencement of work without permit.

Any person who shall commence any work, for which a permit is required by this chapter, without first having obtained a permit shall stop work and apply for such permit. The fee for the permit shall be doubled.

In addition, failure to stop constitutes a misdemeanor and is defined in this chapter.

12.16.040 Authority to grant.

A permit to encroach into a planned or existing public right-of-way may be granted upon such terms and conditions as are deemed necessary. The authority to grant or deny such permit application is vested in the City Manager or designee, unless otherwise specified. Approval of encroachments which deviate from the established guidelines can only be granted with city council approval in an appeal process. If the applicant for an encroachment permit is an officer or employee of the city, only the city council is authorized to issue the permit.

12.16.050 Residential encroachments.

Approvals of all residential encroachments is vested with the City Manager or designee and the rules and guidelines are set forth herein. Only the owner of record of real property is eligible to apply for and receive an encroachment permit for encroachments from adjacent residential property. No commercial activity of any kind is permitted on residential encroachment areas.

12.16.060 Commercial encroachments.

The authority to grant or deny commercial encroachments is vested with the City Manager or designee.

Commercial encroachments shall comply with the requirements set forth in this chapter. 1160
A. If a conditional use permit is required for the encroachment pursuant to this chapter, approval of the commercial encroachment shall be coordinated with the conditional use permit process.

B. The owner of record of real property is eligible to apply for and receive an encroachment permit for encroachments from adjacent commercial property, except that commercial outdoor dining encroachment permits authorized under Section 12.16.090 may be issued to a lessee, with written approval from the owner of record.

C. Use of the public right-of-way for commercial uses shall be subject to the conditions set forth in this Section as well as any additional guidelines, regulations or directives as adopted by the City Manager or designee. .

12.16.070 Findings necessary to grant an encroachment.

In granting approval of an encroachment permit application the City shall make a finding that the plans and application meet the guidelines and conditions of approval as set forth in in this Chapter, and the granting of such encroachment will not adversely affect the general plan of the city nor be injurious or negatively impact the health and wellbeing of the public. Approval of encroachments which deviate from these established criteria can only be granted with city council approval in an appeal process.

12.16.080 Requirements and conditions of approval.

Permitted encroachments shall comply with the following minimum requirements and conditions. The City Manager or designee may determine that additional or more strenuous requirements are required.

A. General (Applicable to All Encroachments).

1. All construction shall conform to the requirements of the Uniform Building Code, the Municipal Code, and the Department of Public Works Standards and Policies.

2. Landscaping encroachments within the public right-of-way shall not exceed the building height limitation of the zone in which it is planted.

3. In the case of an encroachment occupying the public right-of-way enclosed by the extension of the two side property lines between the front property line and the existing or future sidewalk, a minimum of one-third of the encroachment area shall be landscaped in accordance with a landscape plan to be approved by the public works department in conjunction with the encroachment permit application.

4. Height of any encroachment shall be measured from the natural grade unless otherwise specifically approved by the director of public works by virtue of unusual topography or other extraordinary physical circumstances.

5. Encroachments shall not obstruct access to underground utilities nor significantly impair scenic vistas from neighboring properties.

6. Public right-of-way, through receipt of an encroachment permit, shall not satisfy required open space or any conditions of building or zoning that are normally provided on-site, except for providing required residential guest parking, pursuant to Sections 17.44.090(C) and 17.44.110(B) of the Zoning Ordinance, and for providing required parking approved by a parking plan granted pursuant to Section 17.44.210 of the Zoning Ordinance.

7. An encroachment shall not provide structural support for any structure located on private property.

B. Pedestrian walk street (applicable only to those streets): 1161

1. Fences shall not exceed a maximum height of forty-two (42) inches.

2. Fences are allowed at a height of forty-two (42) inches maximum on top of retaining walls of masonry, block, brick or concrete. The fence height is measured from the natural grade. A retaining wall on public right-of-way shall not support any structure on private property.

3. Decks may be permitted to a maximum height of twelve (12) inches height above the existing natural grade and if they do not project into the public right-of-way more than half the distance between the property line and edge of existing or future sidewalk. Deck railings are permitted provided that they are of open construction and that deck and railing do not exceed a maximum height of forty-two (42) inches.

12.16.090 Commercial Encroachments.

Use of the public right-of-way for commercial encroachments may be permitted subject to issuance of an encroachment permit in compliance with this chapter, and subject to the following conditions:

A. Every encroachment permit for commercial outdoor dining shall ensure the following:

1. Provides for and maintains an area of passage for pedestrian traffic;

2. Does not inconvenience pedestrian traffic;

3. Conforms to all applicable health codes and this Code;

4. Applicant is to pay all appropriate fees, including but not limited to rental fees as set by the City Council;

5. Applicant is to maintain and keep in force at all times a policy of liability insurance, naming the city as an additional insured in the amount of no less one million dollars ($1,000,000) unless a higher amount is determined to be appropriate in the ; and

6. Applicant is to pay restorative costs, if applicable, in an amount to be determined by the director of public works, plus administrative costs.

B. Pier Plaza Commercial Encroachments. Encroachment for commercial outdoor dining activity on Pier Plaza shall comply with Section 12.16.060 and the following minimum design and operational standards and any additional standards as adopted by the City Manager or designee. Deviations from the standards set forth in this section may be allowed pursuant to a conditional use permit granted in compliance with Chapter 17.40.

1. Pier Plaza Commercial Encroachments shall be exempt from compliance with off-street parking standards in Chapter 17.44 if it meets the following standards:
a. The encroachment area does not exceed two hundred (200) square feet; b. Use of the encroachment area is limited to the hours of operation of the adjacent food establishment, not to exceed 7:00 a.m. to 10:00 p.m.; and c. Alcoholic beverages may only be offered, sold or consumed within the encroachment area pursuant to a valid California Department of Alcohol Beverage Control license for the area. d. The encroachment area does not extend past the frontage of the business for which it is connected to.
e. There are no outstanding code enforcement violations. In reviewing renewal applications the City Manager of designee must determine that there are unresolved violation of this Chapter (and any related regulations) related to the Pier Plaza Commercial Encroachment. If, in the preceding 1162 twelve (12) months, there were three (3) violations of this Chapter or related Regulations as determined by the City Manager or designee, then the City Manager shall not issue a Pier Plaza Commercial Encroachment for a period of one (1) year.
f. Any improvements, fences, railings, gates, tables, chair or other equipment related to the Pier Plaza Commercial Encroachment shall be installed in such a way that, upon forty (48) hours’ notice from the City, can be entirely removed and the area be returned to its previous state without any Pier Plaza Commercial Encroachments. In the event of written notice from the City, any Pier Plaza Commercial Encroachment holder shall remove or cause to be removed any and all improvements, fences, railings, gates, tables, chair or other equipment related to the Pier Plaza Commercial Encroachment to the satisfaction of the City Manager. No rental fee shall be charged for the time the City requires removal of the improvements, fences, railings, gates, tables, chair or other equipment related to the Pier Plaza Commercial Encroachment.

2. Pier Plaza Commercial Encroachments issued prior to (INSERT EFFECTIVE DATE OF THIS ORDINANCE) shall be valid for a period not exceeding one (1) year from the date of issuance. After expiration, any new Pier Plaza Commercial Encroachments shall be issued under this Chapter.

C. Commercial Encroachments, Excluding Pier Plaza . Commercial Encroachments for commercial outdoor dining activity on sidewalks or in public parking areas within commercial zoning districts, shall comply with this Chapter and if in compliance with the following design and operational standards and limitations, be exempt from the off-street parking standards in Chapter 17.44.:

1. The commercial encroachment area shall be managed, operated, and maintained as an integral part of the commercial establishment.

2. The encroachment area shall be located adjacent to the building, and shall not be located within or separated from the establishment by landscaping, parking spaces, drive aisles, alleys or streets, or other elements as determined by the City Manager or designee.

3. Encroachment areas along any street frontage shall be located at least ten (10) feet from any residential zone.

4. Outdoor dining site located in public parking areas shall only occupy a maximum of two parallel onstreet parking spaces or three, on-street, head-in parking spaces. Notwithstanding the previous sentence, for commercial encroachments located entirely in front of the encroaching business’ frontage (i.e., no permission for use is required from a neighboring property owner or business), a business may occupy a maximum three parallel on-street parking spaces or four head-in on-street parking spaces.

5. The encroachment area when located on sidewalks shall not exceed two hundred (200) square feet, shall not exceed five (5) feet in depth, and shall not occupy more than thirty (30) percent of the sidewalk width excluding curb. On pedestrian walk streets the encroachment area is not subject to the depth or width limitations but shall not exceed two hundred (200) square feet.

6. .

7. Use of the encroachment area shall be limited to the hours of operation of the adjacent food establishment, not to exceed 7:00 a.m. to 11:00 p.m.

8. The encroachment area is limited to sit-down food and beverage consumption for seated customers only. Servingware used in the encroachment area shall be resistant to shattering or breaking into fragments (no glass, ceramic or similar materials).

9. Alcoholic beverages are only offered, sold or consumed within the encroachment area pursuant to a valid California Department of Alcohol Beverage Control license for the area 1163

10. A clear, continuous pedestrian path not less than five (5) feet in width or more as deemed appropriate by the City Manager or designess for pedestrian circulation outside of the encroachment area shall be maintained at all times. As used herein, "pedestrian path" means a continuous obstruction-free sidewalk area between the outside boundary of the encroachment area and any obstructions, such as street trees or planters, utility poles, street furniture, newsstands, bus benches, or curbs.

11. The layout of the encroachment area shall not impede ingress or egress, and shall be fully accessible to the physically disabled, as required by the California Building Code, Title 24, Disabled Access Standards, any other requirements of law, and the city fire marshal.

12. Barriers shall conform to the Public Works Director's installation standards and be removable.

Barriers need not be removed each evening, but shall be capable of being removed; if imbedded into the pavement they must be fixed through the use of recessed sleeves and posts, or otherwise by wheels that can be locked into place or weighted in place. Barriers cannot be exposed and must be covered on all sides with a durable exterior material to the satisfaction of the City. No offpremises signs or banners of any kind shall be placed, displayed or erected on barriers or anywhere else in the outdoor dining area. The height of any barrier shall not exceed three (3) feet, six (6) inches. All barriers must be able to withstand inclement outdoor weather, and one hundred (100) pounds per lineal foot of horizontal force at the top of the barricade when in their fixed positions.

13. The elevation of the encroachment area shall not be altered (e.g., no platforms or recesses). No modification to the surface of the right-of-way, such as resurfacing, texturing or borings for recessed sleeves, shall be made unless approved by the director of public works.

14. Furnishings shall be limited to sturdy chairs, benches and tables, and umbrellas sheltering tables.

Furnishings shall be designed for outdoor use. No portion of an awning or umbrella No portable canopies (i.e., EZ Ups or other similar devices) are permitted in the outdoor dining area. Shade canopies must be structurally affixed to the dining deck and fully retractable. The City, in its sole and complete discretion, reserves the right to determine whether or not a shade canopy complies with this requirement. No other objects, including but not limited to host/hostess podiums, bars or bar-height tables, light stands, signs, menu boards, service items or grills, are allowed. Furnishings shall not displaylogos or advertising. All furnishings shall be maintained in good condition at all times.

15. All furnishings and barriers shall be maintained free of appendages or conditions that pose a hazard to pedestrians or vehicles, and ensure visually impaired pedestrians can detect the objects safely. No appendage shall extend outside the encroachment area. No persons including customers shall place anything within or near the encroachment area that could pose a tripping hazard or interfere with accessibility, such as animals tied to signs or utility poles, bicycles, etc.

16. Approved furnishings and objects shall be removed from the encroachment area daily prior to close of business, but no later than 10:30 p.m., unless such furnishings are required to be bolted to the pavement or are approved to remain by the director of public works.

17. The encroachment area, including surfacing, shall be maintained in a neat and clean manner, free of litter, food scraps, soiled dishes, and graffiti, at all times. The business shall actively monitor the area and promptly remove food serviceware, food scraps, litter and other trash. Trash receptacles shall be supplied in an easily accessible location on the subject property. Surfacing in and around the encroachment area shall be cleaned during the business day as needed and at the end of each business day. Cleaning and the use of water for cleaning the encroachment area shall comply with good housekeeping best management practices approved by the director of public works in accordance with Chapters 8.44 and 8.56. Under no circumstances shall debris or runoff be swept, 1164 washed, or blown into the sidewalk, gutter, storm drains or street. The publicity Manager or designee may issue the encroachment permit only after determining that the request complies with the standards and provisions of this section and any other requirements applicable to the use set forth in the Municipal Code.

18. Use of the encroachment area shall not adversely affect the welfare of the nearby residents or commercial establishments.

19. The final location and configuration of the encroachment area shall be subject to approval by the City Manager or designee, after determining that the request complies with the standards and provisions of this section and any other requirements applicable to the use set forth in the Municipal Code. The City Manager or designee =may attach conditions to mitigate public health, safety and convenience impacts unique to the specific location.

20. The encroachment permit shall be valid for one (1) year and may be annually renewed.

21. Deviations from the standards set in this section may be allowed pursuant to a conditional use permit, granted in compliance with Chapter 17.40.

12.16.100 Commercial encroachments–Retail display areas.

Use of the Pier Plaza and other public rights-of-way for commercial outdoor retail display areas may be permitted subject to issuance of an encroachment permit in compliance with this chapter, and subject to the following conditions:

A. General Provisions. Every encroachment permit for commercial outdoor retail display areas shall ensure the following:

1. Provides for and maintains an area for passage of pedestrian traffic;

2. Does not inconvenience pedestrian traffic;

3. Conforms to all applicable health codes and this Code;

4. Applicant to pay all appropriate fees, including but not limited to rental fees;

5. Applicant is to maintain and keep in force at all times a policy of liability insurance, naming the city as an additional insured in the amount of no less one million dollars ($1,000,000) unless a higher amount is determined to be appropriate in the; and

6. Applicant to pay restorative costs, if applicable, in an amount to be determined by the director of public works, plus administrative costs.

B. Retail Uses. The encroachment area shall be managed, operated, and maintained as an integral part of the adjacent retail establishment.

1. For purposes of this section, retail establishment generally means a commercial establishment that sells or offers a product available on site in the adjacent retail establishment. The following types of businesses are not eligible for encroachment permits:
a. Businesses such as grocery, convenience, drug, and liquor stores, tobacco/smoke shops, secondhand stores, or adult businesses as defined in Section 17.04.060. b. Businesses where retail sales are secondary to the primary service function, such as beauty salons, personal services, or repair businesses, are not eligible for encroachment permits. c. Third party vendors, concessions, seasonal or other promoters, solicitors, or any other business, product or service promoted or offered by any entity or party other than the 1165 business owner to whom the encroachment permit was issued are not permitted within the encroachment area.

2. In addition, the following items or types of activities are not permitted within the encroachment area:
a. Food or beverages of any type, whether pre-packaged or not. b. Alcoholic beverages or tobacco or smoking products or paraphernalia of any type. c. Hazardous or controlled substances or goods, or goods or services that cannot be sold to minors with or without parental permission.
d. Adult paraphernalia of any kind.
e. Display of information or signs about a product or service is not allowed; rather, products available for sale at the business may be displayed.
f. Products or services shall not be demonstrated within the encroachment area. g. Rental or sale of any used merchandise.

C. Design and Operational Standards and Limitations. Commercial encroachments for outdoor retail display areas shall comply with this Chapter and the following design and operational standards and limitations:

1. Commercial encroachment areas shall be available for and located adjacent to ground floor retail businesses. The encroachment area on Pier Plaza shall not exceed thirteen (13) feet in depth. The encroachment area shall not exceed the width of the tenant space frontage. The encroachment area for any tenant space fronting Pier Plaza is restricted to the Pier Plaza frontage only.

Commercial encroachment areas for retail located in public parking areas shall only occupy a maximum of two parallel on-street parking spaces or three, on-street, head-in parking spaces.

Notwithstanding the previous sentence, for commercial encroachments located entirely in front of the encroaching business’ frontage (i.e., no permission for use is required from a neighboring property owner or business), a business may occupy a maximum three parallel on-street parking spaces or four head-in on-street parking spaces

2. Barriers around encroachment areas on Pier Plaza with a maximum height of forty-two (42) inches shall be provided; provided, that barriers shall not be installed or allowed on Loreto Plaza. Each perimeter barrier shall use the same design and materials on all sides. Barriers shall be attractive with a quality appearance, made of new materials such as wood and wrought iron. Barriers shall be of a permeable design that allows for visibility of merchandise through the barrier. Chain-link fencing or other low quality materials are not permitted. The elevation of the encroachment area shall not be altered. No modification to the surface of the right-of-way, such as resurfacing, texturing or borings, shall be made.

3. .

4. Use of the encroachment area shall be limited to the hours of operation of the adjacent retail establishment, not to exceed 7:00 a.m. to 11:00 p.m.

5. Outdoor retail displays/furnishings placed within the commercial encroachment area shall be designed and limited as follows:
a. Tables or racks to display goods offered for sale may be placed in the encroachment area.

Other furnishings such as umbrellas, shade canopies, light stands, planters or signs are not allowed. All furnishings within each individual encroachment area shall be of uniform design 1166 and materials. All furnishings shall be of sturdy construction and maintained in good condition at all times. Plastic merchandise display furnishings are not permitted unless of quality nonplastic appearance. b. Tables, racks or display furnishings, and merchandise, shall not exceed five (5) feet in height; provided, that six (6) new suriboards not to exceed seven (7) feet in height may be displayed vertically in a rack positioned against the exterior wall. Racks or shelf units individually or placed end-to-end or in any configuration shall not exceed six (6) feet in length. c. Merchandise/displays shall be contained and adequately secured so that they do not become windborne, create litter or breakage, spill, drip, or create any health or safety impact. d. All merchandise within the encroachment area, including any attached to the building, must be removed daily when the business is closed.
e. ATM machines, food service units, vending machines, podiums or stands from which to conduct sales, and similar furnishings are not permitted within the encroachment area. f. No entertainment, music, audio speakers, televisions, or visual media of any type, whether amplified or unamplified, shall be located within the encroachment area.

6. The layout of the encroachment area shall not impede ingress or egress, and shall be fully accessible to the physically disabled, as required by the California Building Code, Title 24, Disabled Access Standards, any other requirements of law, and the city fire chief.

7. A clear, continuous pedestrian path not less than five (5) feet in width, or more as deemed appropriate by the director of public works for pedestrian circulation outside of the encroachment area, shall be maintained at all times. As used herein, pedestrian path means a continuous obstruction-free sidewalk area between the outside boundary of the encroachment and any obstructions, including but not limited to street trees or planters, utility poles and street furniture.

8. All outdoor retail displays and allowed objects shall be maintained free of appendages or conditions that pose a hazard to pedestrians or vehicles, and ensure visually impaired pedestrians can detect the objects safely. No appendage shall extend outside the encroachment area. No persons including customers shall place anything within or near the encroachment area that could pose a tripping hazard or interfere with accessibility.

9. The encroachment area shall be maintained in a neat and clean manner, free of litter and graffiti, at all times. The business shall actively monitor the area and promptly remove litter and other trash.

10. Surfaces in and around the encroachment area shall be swept during the business day as needed and at the end of each business day. Cleaning shall comply with good housekeeping best management practices approved by the director of public works in accordance with Chapters 8.44 and 8.56. Under no circumstances shall debris or runoff be swept, washed, or blown into the sidewalk, gutter, storm drains, or street.

11. The City Manager or designee may issue the encroachment permit only after determining that the request complies with the standards and provisions of this section, any other requirements applicable to the use set forth in the Municipal Code, and as follows:
a. Information on the proposed retail uses and conduct of the use, the types of products to be displayed within the encroachment area, a dimensioned floor plan that clearly designates where each merchandise display will be located, and the design of barriers, awning and types of furnishings within the encroachment area shall be submitted with the encroachment permit application. Changes to the retail use, floor plan, furnishings, barriers and awnings 1167 must be submitted and approved in advance. Deviation from the approved plan may result in revocation of the encroachment permit.
b. Use of the encroachment area shall not adversely affect the welfare of the nearby residents or commercial establishments.
c. The type of retail uses that are allowed within the encroachment areas, the final location and configuration of the encroachment area, and the barriers, awnings and display furnishings within the encroachment area shall be subject to approval by the director of public works, after obtaining written concurrence of the community development department, and determining that the request complies with the standards and provisions of this section and any other requirements applicable to the use set forth in the Municipal Code. The director of public works may attach conditions to ensure the use and its design conform to these standards and mitigate public health, safety, access and convenience impacts unique to the specific location.
d. An encroachment permit granted pursuant to this section shall preclude issuance of any additional encroachment permit pursuant to Section 12.16.090. e. The encroachment permit shall be valid for one (1) year and may be annually renewed. f. .
g. Upon termination of the encroachment permit, the permittee shall remove the barrier, return the pavement to its original condition, and remove all personal property and furnishings from the right-of-way.

12. Deviations from the standards set forth in this section may be allowed pursuant to a conditional use permit granted in compliance with Chapter 17.40.

12.16.110 Application procedure.

A. Filing. An application for an encroachment into a planned or existing public right-of-way shall be filed by the owner of the property, or when provided, the business owner with written approval from the property owne,for which the encroachment is sought or by an authorized representative of the owner.

Such application shall be made to the City Manager or designee and shall be on forms furnished by the department of public works.

B. Filing Fee. A uniform fee, established by council under separate resolution, shall be required upon the filing and investigation of the application for encroachment or transfer of an encroachment permit to defray administrative costs incurred by the city in processing the application. Such fee shall be nonrefundable and shall include the costs of recordation of the encroachment, if granted.

C. Investigation. An investigation shall be conducted by all departments of the city having an interest in, or jurisdiction over, the matter. Upon the receipt of an application pursuant to the provisions of this chapter, the City Manager or designee shall transmit the application to all affected departments for written reports of findings and recommendations. All such written reports shall be submitted to the City Manager or designee for consideration when making a decision on the application.

D. Findings and Decision. The City Manager or designee shall make a written decision. Such decision shall recite the findings upon which the decision is based. If the decision is favorable to the granting of the encroachment, it shall set forth the conditions to be imposed. The conditions set forth in this Chapter shall automatically apply to every permit unless otherwise noted.

E. Appeal. Any decision of the City Manager or designee made pursuant to this Chapter, including a decision to revoke an encroachment permit, shall be final ten (10) days after mailing a copy of his 1168 decision to the applicant. Within said ten (10) day period, the applicant may appeal the decision of the City Manager or designee to the City Council to review. Upon consideration of such appeal, the council may approve, modify, or disapprove the application for encroachment. The council may add, delete or modify the conditions attached to the encroachment permit. The action of the council shall be final.

F. Time Limit for Development. Any encroachment granted pursuant to the provisions of this chapter shall be developed and utilized within a period not to exceed six (6) months from and after the date of the granting of such encroachment, and, if not so developed and utilized, such encroachment automatically shall become null and void at the expiration of such six (6) month period.

G. Extension of Time. The permittee may apply in writing for one extension of time, not to exceed six (6) months, within which to develop and use such encroachment. The director of public works, after due consideration, shall either grant or deny the extension of time for such development and use. (Prior code § 29-41)
H. The encroachment permit does not create a vested right of any kind, and shall be revocable by the City Manager at any time without a showing of cause upon forty-eight (48) hours’ notice. Upon a finding of noncompliance with any condition of granting an encroachment permit, or upon revocation of an encroachment permit for violation(s) of this Chapter, the encroachment permit shall not be renewed and a new encroachment permit shall not be granted for a period of one (1) year.

I.

12.16.120 Maintenance of encroachment.

It shall be the responsibility of the adjacent property owner to maintain the encroachment in a condition satisfactory to the city.

12.16.130 Nonconformance of encroachment.

No building permit shall be issued for construction of a new residential dwelling structure or addition thereto, , or for the remodel of an existing residential dwelling structure , until the adjacent city right-ofway is determined to be in accordance with city standards.

Encroachments in existence on May 15, 1996, which do not conform to the standards set forth in Section

12.16.080 may remain as they exist as of May 15, 1996, whether or not a valid encroachment permit is obtained from the city as long as the encroachment is not expanded, increased or intensified, until the earlier of either of the following events:

1. The city revokes the encroachment permit or requires removal of the encroachment for any reason, including construction of public improvements, which requires access to the encroachment area;

2. The primary structure on the property benefiting from the encroachment is remodeled or reconstructed at a cost which exceeds fifty (50) percent of the replacement cost of the existing structure.

In either of the above events, the encroachment shall be removed and any replacement encroachment shall be subject to receipt of an encroachment permit and shall conform to the requirements of this Chapter.

12.16.150 Revocation.

The City Manager or the council may revoke any encroachment permit for noncompliance with the conditions set forth in granting such encroachment or if it is determined that such permit is not in the public interest. A written notice shall be mailed to the permittee of such revocation. Within ten days of 1169 mailing of such notice of revocation to the permittee, a written appeal of such action may be filed. Any such appeal shall be reviewed by the council, and its determination of the matter shall be final.

An encroachment permit shall expire and be of no further force and effect upon the removal of the primary building on the property.

12.16.160 Encroachment violation.

It is unlawful for any person to construct or maintain, or cause to be constructed or maintained, any encroachment in violation of the provisions of this chapter.

12.16.170 Violation–Misdemeanor.

Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be fined in an amount not exceeding five hundred dollars ($500.00) or be imprisoned in the county jail for a period not exceeding six months, or by both such fine and imprisonment.

Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such.

12.16.180 Violations of encroachment regulations–Additional remedies.

As an additional remedy, the construction or maintenance of any encroachment in violation of any provision of this chapter shall be deemed, and is declared to be, a public nuisance and may be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction. In addition, violations of the provisions of this chapter are subject to the administrative penalty provisions of Chapter 1.10.

12.16.190 Fees.

All fees applicable pursuant to this chapter shall be set by resolution of the city council. 1170