Hermosa Beach City Council
December 12, 2023

CITY OF HERMOSA BEACH
RES-23-XXXX

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

CALIFORNIA APPROVING THE MAITENANCE AND IMPROVEMENTS OF THE BARD TRAILER (CIP 616) PURSUANT TO GOVERNMENT CODE
SECTION§ 830.6 AND ESTABLISHING A PROJECT PAYMENT ACCOUNT WHEREAS, the City is a member of The Interlocal Purchasing System (TIPS), a national purchasing cooperative that offers access to competitively procured purchasing contracts to its membership;
WHEREAS, the Hermosa Beach Municipal Code § 3.12.140(e) allows purchases to be made through a cooperative purchasing program utilizing purchasing agreements maintained by the state, county, or other public agencies; and
WHEREAS, Pacific Mobile Structures was awarded a contract as the result of a competitive bidding process administered by TIPS.

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

SECTION 1. The City Council wishes to obtain the immunities set forth in Government Code § 830.6 with regards to the maintenance and improvements of the temporary Bard trailer. The City Engineer finds that the scope of work is complete and the project may proceed.

SECTION 2. Design Immunity; Authorization
A. The scope of work and vendor proposal for the Project are determined to be consistent with the City’s standards and are approved; B. The design approval set forth in this Resolution occurred before actual work on the Project commenced;
C. The approval granted by this Resolution conforms with the City’s General Plan;
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D. The City Engineer, or designee, is authorized to act on the City’s behalf in approving any alterations or modifications to the scope of work approved by this Resolution; and
E. The approval and authorization granted by this Resolution is intended to avail the City of the immunities set forth in Government Code § 830.6.

SECTION 3. For purposes of the contract documents administering the project, the City establishes an account containing sufficient monies from the current and following fiscal year budget to pay for this project. This account is the sole source of funds available for the construction sum as defined in the contract document administering the project.

SECTION 4. The City Clerk is directed to certify the adoption of this resolution.

SECTION 5. This Resolution will become effective immediately upon adoption.

PASSED, APPROVED, and ADOPTED on this 12th day of December, 2023.

Justin Massey
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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This document may not be copied or distributed without permission. www.netrixglobal.com © 2023 Netrix, LLC Statement of Work | 1 of 4
Netrix SOW Number: 32315
Upon execution by both parties, this SOW is effective and is covered by the Terms in the Contract for Professional Services Strategic Plan and Development between the parties, dated July 1, 2021 (the “Agreement”). In the event of a conflict between the Agreement and this SOW, the order of precedence shall be this SOW, the Additional Terms Exhibit, and then the Agreement. By signing, the signatories each represent that they have the authority to bind their respective organizations listed below to this SOW and the Agreement. Upon the date last set forth below (the Effective Date), the Parties agree as follows:

Pricing is valid through 12-22-2023.

FOR REVIEW PURPOSES ONLY. SIGNATURE BLOCK TO BE ADDED WHEN APPROVED FOR EXECUTION.

A. Client Name and Location:

Client Name City of Hermosa Beach (“Client”)
Service Location 1315 Valley Dr Room 203
Hermosa Beach, CA
90254-3846 US
Start Date 01-08-2024**
Opportunity Number 32315
Client Billing Address 1315 Valley Dr Room 203
Hermosa Beach, CA
90254-3846 US
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B. Initial Contacts Information:

C. Description of Project:

Project Name: Bard Street Backhaul with LAN and Wireless Network Client has an initiative to expand LAN connectivity to a location across from the Town Hall on Bard St. This is in lieu of running physical cables either over or under the street.

The solution will consist of a Wireless Point to Point solution that will perform layer 2 backhaul with Siklu EtherHaul™ 614TX(s)for the new Bard St. location and the Town Hall. In addition, the solution will also consist of one (1) HP6200F 24 port PoE switch and one (1) Aruba AP-615 access point to provide wired and wireless access to endpoints in the new Bard St. location.

The Siklu devices will be required to be placed on the roof of the Bard St. and Town Hall locations. A non-penetration roof mount (NPRM) will be provided. The Client will be required to provide a mat and weights to secure the NPRM. In addition, the Client would be responsible for providing maintenance staff or a Low Voltage Contractor (LVC) to provide the cabling run from the mounting location on the Town Hall roof to the MDF switch and the mounting location on the Bard St. roof to the IDF switch. The maintenance staff or LVC will work with Netrix to establish that the Siklu devices are directed appropriately.

Netrix will hold a session to review the low-level IP subnets, addresses, SSIDs and wireless authentication methods that will be utilized on the Bard St. location and how it will integrate with the other Client network infrastructure. The existing SSIDs and Authentication methods will be used at Bard St.
• Project Kickoff Meeting
• Provide a Predicative RF Design for the Siklu point to point solution. • Hold a discovery/design session with the Client to collect and document requirements for the LAN backhaul and Wireless.

This would include the VLANs/IP Subnets, switch configuration review, SSIDs and authentication methods. • Create high level and low-level Documentation that includes Implementation Checklist and test acceptance documentation that will describe the modifications to the network. • Create a Document or meet with the AP and wireless point to point installer regarding AP/antenna mounting. • Review Documents with the Client to gain acceptance.
• Staging and Configuration
o Prepare Aruba Central Dashboard and add devices/licensing for APs and switch. o Unbox/box, perform DoA test, firmware update, inventory of one (1) APs. o Prepare the AP to be added to the current IAP Group in the Town Hall. If not, then create an independent IAP Group that mimics the existing for SSIDs and authentication. o Unbox/box, perform DoA test, firmware update, inventory of one (1) Aruba 6200F-24 switch. o Configure the Switch for connectivity to the LAN based on the agreed design. o Perform the staging of two (2) Siklu EtherHaul 614TX devices.  Unbox/box, perform DoA test, firmware update, inventory.  Configure the Siklu solution based on the agreed design.

Name Company Title Email
Suja Lowenthal City of Hermosa Beach City Manager [email protected] 392
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• Mount the Aruba Switch in the Bard St. IDF.
• Perform turn-up and activation per the approved implementation plan:
o Client will mount and cable the Siklu and Aruba Wireless hardware. • Provide up to four (4) hours of onsite to support and provide guidance to the Electrician/LVC when they are installing/mounting the Silku and Aruba access point hardware, specifically with regards to alignment. • Perform Testing of Connectivity of the L2 backhaul and Wireless solution while performing testing of Network Functionality and Operation State while recording results. • Provide up to 4 hours of day 1 go live support after the wireless APs are deployed. • Update As built documentation.
• Provide a knowledge transfer on the updates and additions. • Hold a Project Closeout meeting.

D. Pricing:

The following table provides pricing for products and services included in this statement of work.

Pricing does not include any applicable Federal, State, and local Taxes, surcharges, Fees, or Transportation costs. Please also see the Additional Terms.
01-08-2024**
** Start Date is the date Netrix plans to begin the onboarding process.

E. Items to be Provided by Client:

1. Client will be responsible for the mounting and installations of the outdoor Wireless devices.

2. Client will be responsible for providing the appropriate electrical power to support the outdoor Wireless devices.

3. Client will designate a Project Coordinator for this project. The Coordinator will be the main point of contact between Netrix and Client.

4. Client shall ensure a designated site contact is always reachable during the Services for the entire duration of the project.

5. Client will provide Netrix with workspace and network connections for on-site efforts.

6. Client will work with Netrix to develop an outage schedule, if applicable. Client will be responsible for notifying users of the outage schedules.

7. Client has and will maintain valid licenses for all systems relevant to this project and will maintain manufacturer software and hardware support contracts for all related hardware and software.

8. Client will provide adequate power and network connectivity.

Netrix SKU Description Qty Fixed Cost
DELOPS-PS-MILESTONE 50% Invoiced upon execution of this contract 1 $8,025.00 DELOPS-PS-MILESTONE 50% Invoiced upon completion of project 1 $8,025.00 Total $16,050.00
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9. Client will ensure decisions are made in a timely fashion as needed for agreed project schedule milestones.

10. Client will provide Netrix engineers with remote access to its network and servers upon Netrix request. This could be in the form of VPN access or SSH to the applicable network segments and devices.

11. Client will provide appropriate technical resource(s) (up to Global Administrator) and/or access to systems to enable Netrix resources to access all components, environments, and systems as needed in a timely manner.

12. Where possible, portions of the Services will be provided remotely to reduce travel costs.

13. Client will provide appropriate credentials to the network devices and servers with administrator level access to Netrix engineers where necessary, including domain administrator privileges in the domain.

14. Client will provide administrative access to the servers and systems required for the implementation of the described technologies.

15. Client will provide adequate space and climate control capable of supporting the new equipment.

16. Client will have a current backup of all necessary data in the event a data recovery is necessary.

17. If applicable, Client agrees to execute a Proof of Execution (POE) document based on the Netrix-provided template.

F. Assumptions:

1. Where possible, portions of the Services will be provided remotely to reduce travel costs.

2. Client will reimburse Netrix for expenses.

3. Any delays that are not a direct result of Netrix activity may result in delays to the overall project timeline and may incur a change order.

4. Resource reservations, including scheduled status meetings and requests for resources to remain on standby status, will be billed for the full time of the reservation.

5. In the event of an initiated pause in the project of greater than two (2) calendar weeks, Netrix will invoice Client for the current relevant milestone.

G. Additional Terms:

1. SOW Expiration: Unless otherwise approved by Netrix in writing or by executing this SOW, this SOW, including pricing, shall be invalid if not fully executed by Client on or before the date for pricing validity set forth at the top of this SOW. 394
395
396
New Furniture
11/28/2023
HBC-230905

BUDGET ONLY
CMAS # 4-23-01-1048
Humanscale # MA-IS-1940141-8

PRODUCT QUOTATION
161 Pasadena Avenue, Suite A
South Pasadena, CA 91030
626.441.0300 FAX.441.0355
www.m3office.com
Bill To: Deliver To:

Valid Through:

Description of Products and Services:

Quote Number:

Title:

Manufacturing
Lead Time:
*Please allow an extra 3 to 5 days for transit
Date:

Salesperson:

City of Hermosa Beach
1315 Valley Drive
Hermosa Beach, CA 90254
City of Hermosa Beach
1315 Valley Drive
Hermosa Beach, CA 90254
Eric Rico
Project Manager
12/15/2023
Line # Part Number Tag Qty Sell Ext Sell
DT1ARY7236
Rectangular Table with (2) Y-Legs, 72Wx36D
1 Kitchen Table 1 $559.86 $559.86
... Skipped Option
... Skipped Option

MVISCWODW
Visu Chair with Wood Base, Wood Shell
2 Kitchen Chairs 6 $256.85 $1,541.10
... Skipped Option
KTHP2SXSC
k. task chair, high performance arms, plastic base, standard cylinder, no lumbar, soft casters
3 Conference Rooms 10 $388.50 $3,885.00
~ Black
... Skipped Option
DT1ACX48
Round Table with X Base, Standard Desk Height, 48" Wide 4 Conference Rooms 1 $386.61 $386.61
... Skipped Option
DT1ARY9642
Rectangular Table with (2) Y-Legs, 96Wx42D
5 Conference Rooms 1 $616.14 $616.14
... Skipped Option
... Skipped Option
441HP2SLSCASM
ReGeneration by Knoll flex back net task chair, high performance arms, plastic base, standard cylinder, with lumbar, soft casters, fully assembled 6 Task Chairs 10 $485.03 $4,850.30

397
Line # Part Number Tag Qty Sell Ext Sell
DK FINISH: Dark
... Skipped Option
... Skipped Option
TTDR6429N
Tone Dividends Horizon Table Top, Rectangular, 64W x 29D x 1-1/4H, no grommet
7 Height Adj Desks 10 $151.83 $1,518.30
... Skipped Option
FYH12TS
eFloat Go 2.0, Silver
8 Height Adj Desks 10 $384.45 $3,844.50
NH1NAPPCAW
NeatHub, White, 2 AC power outlets, 1 USB C outlet, 1 USB A outlet 9 Desktop Power 10 $110.76 $1,107.60
M81
M8.1 Monitor Arm
10 Double Monitor Arms 10 $221.88 $2,218.80
CM Two-Piece Clamp Mount with Base
S Silver with Gray Trim
B Angled Link/Dynamic Link
T Standard Monitor Tilt (One per monitor)
B Standard 100mm x 100mm, black
BS2PML24FL
Mobile Pedestal, Series 2 laminate front, Box/File, 22-3/4D, with lock, with Template pull
11 Mobile Storage 10 $301.56 $3,015.60
... Skipped Option
... Skipped Option
... Skipped Option
T 5" Template Pull
... Skipped Option
... Skipped Option
LABOR
D&I, Prevailing Wage
12 1 $3,200.00 $3,200.00

SALES TAX

9.5%
$2,540.66 $2,540.66
TOTAL:
_____________________________________________________________________________________________________ $29,284.47
*Credit Card purchases requires 100% payment at time of order.* Deposit:
*Please read the following TERMS and CONDITIONS, and sign where indicated to accept this proposal:

398
Line # Part Number Tag Qty Sell Ext Sell
M3 GENERAL TERMS AND CONDITIONS
Payment Terms M3 requires a deposit equal to 50% of the total order. The balance is due upon receipt of invoice.

Credit card purchases require that 100% be charged to the card at the time of order placement.

All credit card transactions that are $75,000 and above will be charged a 3% convenience fee.

If any products are unacceptable or undeliverable, the invoiced dollar amount for those items only may be withheld until satisfactorily resolved. The dollar amount for the balance of delivered and accepted product remains due upon receipt of invoice. The product on this order is not intended for resale. The warranty is valid for the original customer only and is not transferable with resale.

Delays at the customer’s site that require holding or re-routing of products will result in double-handling and/or storage charges. Product requiring storage will be invoiced at the commencement of storage and must be paid in full upon receipt of invoice. On-going storage charges will apply.

Changes/Cancellations All goods sold by M3 are from Quick Ship Programs or from manufacturer’s standard lead times.

Changes and or cancellations are not allowed on products ordered from Quick Ship Programs.

Standard lead-time products are subject to the manufacturer’s terms and conditions. Cancellation fees are also subject to restocking charges by the manufacturer. Custom items are not subject to change or cancellation after order placement.

Installation and Delivery Installation quotes are based on all work being performed during normal working hours, Monday through Friday, 8:00 a.m. to 5:00 p.m., unless otherwise specified. Labor rates are based on single 8-hour shifts. All work will be quoted as non-union labor unless otherwise requested by the client.

The installation price is based on installing products per the specifications, drawings and site conditions made known to M3 at time of quotation. Prices are predicated on “free and clear” site conditions and elevator/loading dock access.

Low-voltage phone/data cable and electrical hard wiring services are not included in M3’s scope of work.

Acts Beyond M3 shall not be considered in default of any of its obligations under terms of our purchase order Reasonable Control to the extent that the performance thereof is delayed or rendered impossible by acts of God, civil commotion, fire, earthquake, flood, explosion, strikes, walkouts, other industrial disturbances or any other cause that is beyond our reasonable control.

NOTICE: TSCA Title VI compliant for formaldehyde.

By your signature below, you confirm that you have read and understood the above M3 GENERAL TERMS AND CONDITIONS and agree that they constitute a part of the contract and control in all matters related to the contract.

Approved By: _____________________________________________ Date:_______________ Client Name / Title
_____________________________________________ PO:________________ Client Signature
__________________________
M3 Salesperson Signature
THANK YOU for your order!

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City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
REPORT 23-0694
Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of December 12, 2023
AWARD OF CONSTRUCTION CONTRACT FOR CIP 696

POLICE STATION IMPROVEMENTS
(Public Works Director Joe SanClemente)
Recommended Action:

Staff recommends City Council:

1. Award a construction contract for CIP 696 Police Station Improvements to R Dependable Const Inc. in the amount of $148,790 (Attachment 2);

2. Authorize the Director of Public Works to establish a 30 percent project contingency amount of $44,637 and to approve contract change orders up to the amount of the approved contract contingency;

3. Adopt the attached resolution entitled “A Resolution of the City Council of the City of Hermosa Beach Approving the Construction of CIP 696 Police Station Improvements Pursuant to Government Code Section 830.6 and Establishing a Project Payment Account (Attachment 3) ;”

4. Authorize the Mayor to execute the construction contract and the City Clerk to attest, subject to approval by the City Attorney; and

5. Authorize the Director of Public Works to file a Notice of Completion following final completion of the project.

Executive Summary:

Capital Improvement Program (CIP) Project CIP 696 Police Station Improvements includes renovations to existing police station offices to convert the space into an evidence room.

Improvements include new finishes and electrical and mechanical work in the area shown on the work area map provided in Attachment 4. Staff received five bids for the construction of the project and recommends City Council award a construction contract to the lowest responsible and responsive bidder, R Dependable Const Inc.

Background:

Capital Improvement Program (CIP) Project CIP 696 Police Station Improvements includes, but is not limited to, reconfiguring and improving approximately 300 square feet of existing office and record management space. The project includes demolition and removal of existing partition walls, doors, City of Hermosa Beach Page 1 of 5 Printed on 12/7/2023
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management space. The project includes demolition and removal of existing partition walls, doors, flooring, electrical and mechanical systems, and construction of the same based on the new space configuration. The reconfiguration would provide the Hermosa Beach Police Department a dedicated evidence and processing room with a focus on increased security.

On April 19, 2022, Westgroup Designs was selected from the City’s list of on-call architectural design consultants to design and prepare plans and specifications for the project. On July 13, 2023, the City issued a Notice Inviting Bids 23-005 inviting experienced contractors to submit a competitive bid for project construction. The City received two bids on August 15, 2023. City Council subsequently rejected the bids at its September 12, 2023 meeting based on bid pricing and references and directed staff to re-advertise the project.

Past Council Actions
Meeting Date Description
September 12, 2023 City Council rejected all bids received August 15, 2023 for the construction of the project and directed staff to readvertise.

Analysis:

On September 28, 2023, the City issued Notice Inviting Bids 23-008 inviting experienced and highly qualified construction teams to submit a bid for construction of the project through a competitive process. The notice was advertised on September 21, 2023, in the Easy Reader, on the City’s website, and on the City’s online bidding platform, PlanetBids. On November 2, 2023, the City received a total of five bids, which were opened and read aloud by the City Clerk. The bid results are provided in Attachment 1 and summarized below.

BIDDER BID AMOUNT
Esparza Development $136,000.00
R Dependable Const Inc. $148,790.00
Meyers Construction Co. $164,600.00
ENL Building Service Inc. $167,000.00
CTG Construction, Inc. DBA C.T. Georgiou Painting Co $250,000.00 On November 13, 2023, the City received a formal bid protest from the second apparent low bidder (R Dependable Const Inc.) with respect to CIP 696 Police Station Improvements Project (Attachment 7). The bid protest noted that in the City’s instruction to bidders, the bid documents required the Contractor to demonstrate a minimum of five projects of similar type of construction and magnitude with other public agencies within the past five years. The bid protest cited that the bid by Esparza City of Hermosa Beach Page 2 of 5 Printed on 12/7/2023
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with other public agencies within the past five years. The bid protest cited that the bid by Esparza Development listed only one project that ended in 2016 and therefore did not meet requirements.

Per the Protest Procedures outlined in Section III of the Instruction to Bidders in the Project Contract Documents, the bid protest was sent to all parties that may be affected by the outcome of the protest.

A deadline for submitting a response to the bid protest was established as Wednesday November 22, 2023, at 12:00 p.m.

Esparza Development did not respond to the bid protest by the stated deadline. Staff recommends sustaining the protest and determining that the apparent low bid is non-responsive as it did not list the required five projects of similar type of construction and magnitude with other public agencies within the past five years. Further, the lack of the required projects within the stated period results in a determination that the bidder is non-responsible pursuant to Public Contract Code § 1103 in that the bidder lacks the required experience to satisfactorily perform the public works contract.

Accordingly, staff recommends City Council reject Esparza Development’s bid.

Staff reviewed the bid documents for the second lowest bidder and found R Dependable Const Inc. (R Dependable) to be the lowest responsible and responsive bidder. The lump-sum pricing for the low bid was generally consistent with the engineer’s estimate of $150,000.

Staff confirmed R Dependable’s contractor license is active and in good standing with the Contractor’s State License Board. Staff contacted references and confirmed competency through completion of recent projects of similar type of work within the past five years. Overall, staff finds R Dependable to be a qualified contractor to complete the proposed work for the project and recommends City Council award the construction contract to R Dependable (Attachment 2).

Staff would provide the construction management and inspection services to oversee the work during construction. Staff anticipates construction to start as soon as January 2024, with an anticipated completion date in March 2024.

Environmental Analysis
The Project is exempt under the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15301 (Existing Facilities). The proposed work is a minor alteration of existing public structures or facilities involving negligible or no expansion of existing use. No exceptions to the CEQA exemption apply.

General Plan Consistency:

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

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Public Safety Element
Goal 5. High quality police and fire protection services provided to residents and visitors.

Policy:
· 5.2 High level of response. Achieve optimal utilization of allocated public safety resources and provide desired levels of response, staffing, and protection within the community.

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

Policies:
· 1.1 Infrastructure systems plan. Establish and adopt an integrated, holistic systems approach to guide infrastructure development, improvement, maintenance, and resilience. · 1.2 Priority Investments. Use City Council established priorities and the Capital Improvement Program (CIP) to identify and allocate funding for projects identified in the infrastructure plan.

Fiscal Impact:

CIP 696 Police Station Improvements is budgeted in the FY23-24 Adopted Budget, Capital Improvement Fund. Sufficient funds are available in the Capital Improvement Fund to cover construction costs. The lowest responsible and responsive bidder, R Dependable Const. Inc, bid at $148,790. Staff recommends establishing a 30 percent contingency of $44,637 to cover any unforeseen conditions or additional work required during construction, for a total construction budget not to exceed $193,427.

Purchase Order Request
Fund Request Amount FY 23-24 Budget Dept.

Account #
Total Contract
Amount
Capital
Improvement
Fund
$193,427 301-8696-4201 $193,427
Attachments:

1. Bid Opening Log

2. Draft Contract

3. Draft Resolution

4. Work Area Map
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5. R Dependable Const. Inc., Bid Documents

6. Esparza Development, Bid Documents

7. Bid Protest Document

8. Link to September 12, 2023, City Council Staff Report Respectfully Submitted by: Saad Malim, Senior Engineer
Concur: Lucho Rodriguez, City Engineer
Concur: Joe SanClemente, Public Works Director
Noted for Fiscal Impact: Viki Copeland, Finance Director Legal Review: Patrick Donegan, City Attorney
Approved: Suja Lowenthal, City Manager
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36 CONTRACT AGREEMENT
This Construction Agreement (“Agreement”) is made and entered into as of the date executed by the Mayor and attested to by the City Clerk, by and between R Dependable Const Inc. (hereinafter referred to as "CONTRACTOR") and the City of Hermosa Beach, California, a municipal corporation (hereinafter referred to as "CITY").

R E C I T A L S
A. Pursuant to the Notice Inviting Sealed Bids for CIP NO. 696 POLICE STATION IM P R O V E M E N T S (“Project”), bids were received, publicly opened, and declared on the date specified in the notice; and
B. On December 12, 2023, City’s City Council declared CONTRACTOR to be the lowest responsible bidder and accepted the bid of CONTRACTOR; and C. The City Council has authorized the Mayor to execute a written contract with CONTRACTOR for furnishing labor, equipment and material for the CIP No. 696 POLICE STATION IM P R O V E M E N T S in the City of Hermosa Beach.

NOW, THEREFORE, in consideration of the foregoing and the mutual covenants herein contained, it is agreed:

1. GENERAL SCOPE OF WORK: CITY agrees to engage CONTRACTOR and CONTRACTOR agrees to furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for the CIP NO. 696 POLICE STATION IM P R O V E M E N T S in the City of Hermosa Beach. The work shall be performed in accordance with the Plans and Specifications dated September 2023 (the “Specifications”) on file in the office of the City Clerk and in accordance with bid prices set forth in CONTRACTOR’S Bid Proposal and in accordance with the instructions of the City Engineer.

2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: The contract documents for the aforesaid project shall consist of the Notice Inviting Bids, Instructions to Bidders, Bid Proposal, Builders General Provisions, Standard Specifications 2021 edition, Special Provisions, Exhibit A and Exhibit B, and all referenced specifications, details, standard drawings, and appendices; together with this Agreement and all required bonds, insurance certificates, permits, notices and affidavits; and also, including any and all addenda or supplemental agreements clarifying, amending, or extending the work contemplated as may be required to insure its completion in an acceptable manner. All of the provisions of said contract documents are made a part hereof as though fully set forth herein. This contract is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by CONTRACTOR whether set out specifically in the contract or not. Should it be ascertained that any 407
37 inconsistency exists between the aforesaid documents and this written agreement, the provisions of this Agreement, the Builders General Provisions and the Standard Specifications, in that order, shall control. Collectively, these contract documents constitute the complete agreement between CITY and CONTRACTOR and supersede any previous agreements or understandings.

3. COMPENSATION: CONTRACTOR agrees to receive and accept the prices set forth in its Bid Proposal $148,790.00 as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the aforesaid contract documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work.

4. TIME OF PERFORMANCE: CONTRACTOR agrees to complete the work within 30 working days from the date of the notice to proceed. By signing this Agreement, CONTRACTOR represents to CITY that the contract time is reasonable for completion of the work and that CONTRACTOR will complete such work within the contract time.

5. LIQUIDATED DAMAGES: In accordance with Government Code section 53069.85, it is agreed that CONTRACTOR will pay to CITY the sum set forth in Part 1 General Provisions Section 6-9 for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, CONTRACTOR agrees CITY may deduct that amount from any money due or that may become due CONTRACTOR under the Contract.

This Article does not exclude recovery of other damages specified in the Contract Documents.

6. SUBSTITUTION OF SECURITIES: Pursuant to section 22300 of the Public Contract Code of the State of California, CONTRACTOR may request CITY to make retention payments directly to an escrow agent or may substitute securities for any money withheld by CITY to ensure performance under the contract. At the request and expense of CONTRACTOR, securities equivalent to the amount withheld shall be deposited with CITY or with a state or federally chartered bank as the escrow agent who shall return such securities to CONTRACTOR upon satisfactory completion of the contract. Deposit of securities with an escrow agent shall be subject to a written agreement substantially in the form provided in section 22300 of the Public Contract Code.

7. PREVAILING WAGES AND CALIFORNIA LABOR LAWS: Pursuant to Labor Code §§ 1720 et seq., and as specified in 8 California Code of Regulations § 16000 (“Prevailing Wage Laws”), CONTRACTOR must pay its workers prevailing wages. It is CONTRACTOR’s responsibility to interpret and implement any prevailing wage requirements, and CONTRACTOR agrees to pay any penalty or civil damages resulting from a violation of the prevailing wage laws. CONTRACTOR shall defend, indemnify and hold the CITY, its officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. CONTRACTOR and any subcontractor shall forfeit a penalty of up to $200 408
38 per calendar day or portion thereof for each worker paid lessthan the prevailing wage rates.

In accordance with Labor Code § 1773.2, copies of the prevailing rate of per diem wages are available upon request from CITY’s Engineering Division or the website for State of California Prevailing wage determination at http://www.dir.ca.gov/DLSR/PWD.

CONTRACTOR must post a copy of the prevailing rate of per diem wages at the job site.

CITY directs CONTRACTOR’s attention to Labor Code §§ 1777.5, 1777.6 and 3098 concerning the employment of apprentices by CONTRACTOR or any subcontractor.

Labor Code § 1777.5 requires CONTRACTOR or subcontractor employing tradesmen in any apprenticeship occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate must also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases will not be less than one to five except:

When employment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days before the request for certificate, or When the number of apprentices in training in the area exceeds a ratio of one to five, or When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis state-wide or locally, or Assignment of an apprentice to any work performed under a public works contract would create a condition that would jeopardize his or her life or the life, safety, or property of fellow employees or the public at large, or the specific task to which the apprentice is to be assigned is of a nature that training cannot be provided by a journeyman.

When CONTRACTOR provides evidence that CONTRACTOR employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen.

CONTRACTOR is required to make contributions to funds established for the administration of apprenticeship programs if CONTRACTOR employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other contractors on the public works site are making such contributions.

CONTRACTOR and any subcontractor must comply with Labor Code §§ 1777.5 and 1777.6 in the employment of apprentices.
409
39 Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.

The CONTRACTOR or any subcontractor that is determined by the Labor Commissioner to have knowingly violated Section 1777.5 shall forfeit as a civil penalty an amount not exceeding $100 for each full calendar day of noncompliance, or such greater amount as provided by law.

CONTRACTOR and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. The payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of CONTRACTOR in the manner provided in Labor Code section 1776. In the event of noncompliance with the requirements of this section, CONTRACTOR shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects such CONTRACTOR must comply with this section. Should noncompliance still be evident after such 10-day period, CONTRACTOR shall, as a penalty to CITY, forfeit not more than $100.00 for each calendar day or portion thereof, for each worker, until strict compliance is effectuated. The amount of the forfeiture is to be determined by the Labor Commissioner. A contractor who is found to have violated the provisions of law regarding wages on Public Works with the intent to defraud shall be ineligible to bid on Public Works contracts for a period of one to three years as determined by the Labor Commissioner. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due. The responsibility for compliance with this section is on CONTRACTOR. The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.

Any ineligible contractor or subcontractor pursuant to Labor Code Sections 1777.1 and 1777.7 may not perform work on this Project.

By executing this Contract, CONTRACTOR verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subcontractors and sub-subcontractors to comply with the same.

8. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and CONTRACTOR and any subcontractor under it shall comply with and be governed by the laws of the State of 410
40 California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended.

CONTRACTOR shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for each laborer, workman or mechanic employed in the execution of the contract, by him or any subcontractor under it, upon any of the work hereinbefore mentioned, for each calendar day during which the laborer, worker or mechanic is required or permitted to labor more than eight (8) hours in any one calendar day or 40 hours in any one calendar week in violation of the Labor Code.

9. PUBLIC WORKS CONTRACTOR REGISTRATION: Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations(DIR). No bid will be accepted, nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the DIR to perform public work. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.

10. LABOR COMPLIANCE AND STOP ORDERS: This Project is subject to compliance monitoring and enforcement by the DIR. It shall be CONTRACTOR’s sole responsibility to evaluate and pay the cost of complying with all labor compliance requirements under this Contract and applicable law. Any stop orders issued by the DIR against CONTRACTOR or any subcontractor that affect CONTRACTOR’s performance of Work, including any delay, shall be CONTRACTOR’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered CONTRACTOR caused delay subject to any applicable liquidated damages and shall not be compensable by the CITY.

CONTRACTOR shall defend, indemnify, and hold CITY, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the DIR against CONTRACTOR or any subcontractor.

11. DEBARMENT OF CONTRACTORS AND SUBCONTRACTORS: Contractors or subcontractors may not perform work on a public works project with a subcontractor who is ineligible to perform work on a public project pursuant to Labor Code section 1777.1 or 1777.7. Any contract on a public works project entered into between a contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract. Any public money that is paid or may have been paid to a debarred subcontractor by a contractor on the Project shall be returned to the CITY. CONTRACTOR shall be responsible for the payment of wages to workers of a debarred subcontractor who has been allowed to work on the project.

12. LABOR/EMPLOYMENT SAFETY: CONTRACTOR shall comply with all applicable laws and regulations of the federal, state, and local government, including Cal/OSHA 411
41 requirements and requirements for verification of employees’ legal right to work in the United States
CONTRACTOR shall maintain emergency first aid treatment for its employees which complies with the Federal Occupational Safety and Health Act of 1970 (29 U.S.C. § 651 et seq.), and California Code of Regulations, Title 8, Industrial Relations Division 1, Department of Industrial Relations, Chapter 4. CONTRACTOR shall ensure the availability of emergency medical services for its employees in accordance with California Code of Regulations, Title 8, Section 1512.

CONTRACTOR shall submit the Illness and Injury Prevention Program and a Project site specific safety program to CITY prior to beginning Work at the Project site.

CONTRACTOR shall maintain a confined space program that meets or exceeds the CITY Standards. CONTRACTOR shall adhere to CITY’s lock out tag out program.

13. TRAVEL AND SUBSISTENCE PAY: CONTRACTOR agrees to pay travel and subsistence pay to each worker needed to execute the work required by this Agreement as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8.

14. CONTRACTOR'S LIABILITY: The City of Hermosa Beach and its officers, agents and employees ("Indemnitees") shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workers or employees of CONTRACTOR, of its subcontractors or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. CONTRACTOR shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever.

To the fullest extent permitted by law, CONTRACTOR will indemnify Indemnities against and will hold and save Indemnitees harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of CONTRACTOR, its agents, employees, subcontractors or invitees provided for herein, whether or not there is concurrent passive negligence on the part of City. In connection therewith:
a. CONTRACTOR will defend any action or actions filed in connection with any such claims, damages, penalties, obligations, or liabilities and will pay all costs and expenses, including attorneys' fees, expert fees and costs incurred in connection therewith.
b. CONTRACTOR will promptly pay any judgment rendered against CONTRACTOR or Indemnitees covering such claims, damages, penalties, obligations, and liabilities arising out of or in connection with such work, 412
42 operations or activities of CONTRACTOR hereunder, and CONTRACTOR agrees to save and hold the Indemnitees harmless therefrom. c. In the event Indemnitees are made, a party to any action or proceeding filed or prosecuted against CONTRACTOR for damages or other claims arising out of or in connection with the work, operation, or activities hereunder, CONTRACTOR agrees to pay to Indemnitees and any all costs and expenses incurred by Indemnitees in such action or proceeding together with reasonable attorneys' fees.

Contractor's obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee.

However, without affecting the rights of City under any provision of this agreement, to the extent required by Civil Code section 2782, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City.

So much of the money due to CONTRACTOR under and by virtue of the contract as shall be considered necessary by City may be retained by City until disposition has been made of such actions or claims for damages as aforesaid.

It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law.

This indemnity is effective without reference to the existence or applicability of any insurance coverage which may have been required under this Agreement or any additional insured endorsements which may extend to Indemnitees.

CONTRACTOR, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the CONTRACTOR regardless of any prior, concurrent, or subsequent passive negligence by the Indemnitees.

15. THIRD PARTY CLAIMS: In accordance with Public Contract Code § 9201, CITY will promptly inform CONTRACTOR regarding third-party claims against CONTRACTOR, but in no event later than ten (10) business days after CITY receives such claims. Such notification will be in writing and forwarded in accordance with the “Notice” section of 413
43 this Agreement. As more specifically detailed in the contract documents, CONTRACTOR agrees to indemnify and defend the City against any third-party claim.

16. WORKERS COMPENSATION: In accordance with California Labor Code Sections 1860 and 3700, CONTRACTOR and each of its subcontractors will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, CONTRACTOR, by signing this contract, certifies as follows:
"I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake selfinsurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.

17. INSURANCE: CONTRACTOR shall procure and maintain for the duration of the Agreement, and for 1 year thereafter, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the CONTRACTOR, its agents, representatives, employees, or subcontractors.
a. Minimum Scope and Limit of Insurance. Coverage shall be at least as broad as:
i. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury, and personal & advertising injury with limits no less than $5,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
ii. Automobile Liability: Insurance Services Office Form CA 0001 covering Code 1 (any auto), with limits no less than $5,000,000 per accident for bodily injury and property damage.
iii. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.
iv. Builder’s Risk (Course of Construction) insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions.
v. Professional Liability (if Design/Build), with limits no less than $2,000,000 per occurrence or claim, and $2,000,000 policy aggregate.
vi. Contractors’ Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards) with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate. vii. If the Contractor 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 by CONTRACTOR. Any available 414
44 insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY.
b. Self-Insured Retentions. Self-insured retentions must be declared to and approved by the CITY. At the option of the CITY, either: the CONTRACTOR shall obtain coverage to reduce or eliminate such self-insured retentions as respects the CITY, its officers, officials, employees, and volunteers; or the CONTRACTOR shall provide a financial guarantee satisfactory to the CITY guaranteeing payment of losses and related investigations, claim administration, and defense expenses. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or CITY.
c. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions.
i. The CITY, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the CONTRACTOR including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the CONTRACTOR. General liability coverage can be provided in the form of an endorsement to the CONTRACTOR’s insurance (at least as broad as ISO Form CG 20 10, CG 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).
ii. For any claims related to this project, the CONTRACTOR’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the CITY, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the CITY, its officers, officials, employees, or volunteers shall be excess of the CONTRACTOR’s insurance and shall not contribute with it.
iii. Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to the CITY.
d. Builder’s Risk (Course of Construction) Insurance.
i. CONTRACTOR may submit evidence of Builder’s Risk insurance in the form of Course of Construction coverage. Such coverage shall name the CITY as a loss payee as their interest may appear.
ii. If the Project does not involve new or major reconstruction, at the option of the CITY, an Installation Floater may be acceptable. For such projects, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery, and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery, or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, installation, and testing at the CITY’s site. 415
45 e. Claims Made Policies. If any coverage required is written on a claims-made coverage form:
i. The retroactive date must be shown, and this date must be before the execution date of the contract or the beginning of contract work.
ii. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of contract work. iii. If coverage is cancelled or non-renewed, and not replaced with another claimsmade policy form with a retroactive date prior to the contract effective, or start of work date, the CONTRACTOR must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work. iv. A copy of the claims reporting requirements must be submitted to the CITY for review.
v. If the services involve lead-based paint or asbestos identification/remediation, the Contractors Pollution Liability policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold. f. Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to the CITY.
g. Waiver of Subrogation. CONTRACTOR hereby agrees to waive rights of subrogation which any insurer of CONTRACTOR may acquire from CONTRACTOR by virtue of the payment of any loss. CONTRACTOR agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the CITY for all work performed by the CONTRACTOR, its employees, agents, and subcontractors. h. Verification of Coverage. CONTRACTOR shall furnish the CITY with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to CITY before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the CONTRACTOR’s obligation to provide them. The CITY reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time.
i. Subcontractors. CONTRACTOR shall require and verify that all subcontractors maintain insurance meeting all requirements stated herein, and CONTRACTOR shall ensure that CITY is an additional insured on insurance required from subcontractors.

For CGL coverage, subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13.
j. Special Risks or Circumstances. CITY reserves the right to modify these 416
46 requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances.

18. ASSIGNMENT: This contract is not assignable nor the performance of either party's duties delegable without the prior written consent of the other party. Any attempted or purported assignment or delegation of any of the rights of obligations of either party without the prior written consent of the other shall be void and of no force and effect.

19. INDEPENDENT CONTRACTOR: CONTRACTOR is and shall at all times remain as to the CITY, a wholly independent contractor. Neither the CITY nor any of its agents shall have control of the conduct of CONTRACTOR or any of CONTRACTOR'S employees, except as herein set forth. CONTRACTOR shall not at any time or in any manner represent that it or any of its agents or employees are in any manner agents or employees of CITY.

20. TAXES: CONTRACTOR is responsible for paying all retail sales and use, transportation, export, import, special or other taxes and duties applicable to, and assessable against any work, materials, equipment, services, processes and operations incidental to or involved in this contract. CONTRACTOR is responsible for ascertaining and arranging to pay them.

The prices established in the contract shall include compensation for any taxes CONTRACTOR is required to pay by laws and regulations in effect at the bid opening date.

21. LICENSES: CONTRACTOR represents and warrants to CITY that it has all licenses, permits, qualifications, insurance, and approvals of whatsoever nature which are legally required of CONTRACTOR to practice its profession. CONTRACTOR represents and warrants to CITY that CONTRACTOR shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits, insurance, and approvals which are legally required of CONTRACTOR to practice its profession.

CONTRACTOR shall maintain a City of Hermosa Beach business license, if required under CITY ordinance.

Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within five (5) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O. Box 26000, Sacramento, California 95826.

22. RECORDS: CONTRACTOR shall maintain accounts and records, including personnel, property, and financial records, adequate to identify and account for all costs pertaining to this Agreement and such other records as may be deemed necessary by CITY or any authorized representative, and will be retained for four years after the expiration of this Agreement. All such records shall be made available for inspection or audit by CITY at any time during regular business hours.

23. SEVERABILITY. If any portion of these contract documents are declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion 417
47 enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect.

24. WHOLE AGREEMENT: This Agreement supersedes any and all other agreements either oral or written, between the parties and contains all of the covenants and agreements between the parties pertaining to the work of improvements described herein. Each party to this contract acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that any other agreement, statements or promise not contained in this contract shall not be valid or binding. Any modifications of this contract will be effective only if signed by the party to be charged.

25. AUTHORITY: CONTRACTOR affirms that the signatures, titles, and seals set forth hereinafter in execution of this Agreement represent all individuals, firm members, partners, joint ventures, and/or corporate officers having a principal interest herein. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. This Agreement may be modified by written amendment. CITY’s city manager may execute any such amendment on CITY’s behalf.

26. NOTICES: All notices permitted or required under this Agreement shall be in writing and shall be deemed made when delivered to the applicable party’s representative as provided in this Agreement. Additionally, such notices may be given to the respective parties at the following addresses, or at such other addresses as the parties may provide in writing for this purpose. Such notices shall be deemed made when personally delivered or when mailed forty-eight (48) hours after deposit in the U.S. mail, first-class postage prepaid, and addressed to the party at its applicable address.
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48 CITY OF HERMOSA BEACH
1315 Valley Drive
Hermosa Beach, CA 90254
Attention: Project Manager
CONTRACTOR:

Attention:

27. DISPUTES: Effective January 1, 1991, Section 20104 et seq., of the California Public Contract Code prescribes a process utilizing informal conferences, non-binding judicial supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Effective January 1, 2017, Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims. The intent of this Section is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code. This Section shall be construed to be consistent with said statutes.

Claims: For purposes of this Section, “Claim” means a separate demand by CONTRACTOR, after a change order duly requested in accordance with the terms of this Contract has been denied by the CITY, for (A) a time extension, (B) payment of money or damages arising from Work done by or on behalf of CONTRACTOR pursuant to the Contract, or (C) an amount the payment of which is disputed by the CITY. A “Claim” does not include any demand for payment for which CONTRACTOR has failed to provide notice, request a change order, or otherwise failed to follow any procedures contained in the Contract Documents. Claims governed by this Section may not be filed unless and until CONTRACTOR completes all procedures for giving notice of delay or change and for the requesting of a time extension or change order, including but not necessarily limited to the change order procedures contained herein, and CONTRACTOR’s request for a change has been denied in whole or in part. Claims governed by this Section must be filed no later than fourteen (14) days after a request for change has been denied in whole or in part or after any other event giving rise to the Claim. The Claim shall be submitted in writing to the CITY and shall include on its first page the following in 16 point capital font: “THIS IS A CLAIM.” Furthermore, the claim shall include the documents necessary to substantiate the claim. Nothing in this Section is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims, including all requirements pertaining to compensation or payment for extra Work, disputed Work, and/or changed conditions. Failure to follow such contractual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon. 419
49 Supporting Documentation. The CONTRACTOR shall submit all claims in the following format:

Summary of claim merit and price, reference Contract Document provisions pursuant to which the claim is made
List of documents relating to claim:

Specifications
Drawings
Clarifications (Requestsfor Information)
Schedules
Other
Chronology of events and correspondence
Analysis of claim merit
Analysis of claim cost
Time impact analysis in CPM format
If CONTRACTOR’s claim is based in whole or in part on an allegation of errors or omissions in the Drawings or Specifications for the Project, CONTRACTOR shall provide a summary of the percentage of the claim subject to design errors or omissions and shall obtain a certificate of merit in support of the claim of design errors and omissions.

Cover letter and certification of validity of the claim, including any claims from subcontractors of any tier, in accordance with Government Code section 12650 et seq.

City’s Response. Upon receipt of a claim pursuant to this Section, CITY shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide CONTRACTOR a written statement identifying what portion of the claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the claim will be processed and made within 60 days after the public entity issues its written statement.

If CITY needs approval from its governing body to provide the CONTRACTOR a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, CITY shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide CONTRACTOR a written statement identifying the disputed portion and the undisputed portion.
420
50 Within 30 days of receipt of a claim, CITY may request in writing additional documentation supporting the claim or relating to defenses or claims CITY may have against the CONTRACTOR. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of CITY and the CONTRACTOR.

CITY’s written response to the claim, as further documented, shall be submitted to CONTRACTOR within 30 days (if the claim is less than $50,000, within 15 days) after receipt of the further documentation, or within a period of time no greater than that taken by CONTRACTOR in producing the additional information or requested documentation, whichever is greater.

Meet and Confer. If the CONTRACTOR disputes CITY’s written response, or CITY fails to respond within the time prescribed, the CONTRACTOR may so notify CITY, in writing, either within 15 days of receipt of CITY’s response or within 15 days of CITY’s failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, CITY shall schedule a meet and confer conference within 30 days for settlement of the dispute.

Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, CITY shall provide the CONTRACTOR a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after CITY issues its written statement.

Any disputed portion of the claim, as identified by CONTRACTOR in writing, shall be submitted to nonbinding mediation, with CITY and CONTRACTOR sharing the associated costs equally. CITY and CONTRACTOR shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing unless the parties agree to select a mediator at a later time.

If the Parties cannot agree upon a mediator, each Party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each Party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator.

For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the Parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.

Unless otherwise agreed to by CITY and CONTRACTOR in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.

The mediation shall be held no earlier than the date CONTRACTOR completes the Work or the date that CONTRACTOR last performs Work, whichever is earlier. All unresolved claims shall be considered jointly in a single mediation unless a new unrelated claim arises after mediation is completed.
421
51 Procedures After Mediation. If following the mediation, the claim or any portion remains in dispute, CONTRACTOR must file a claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time CONTRACTOR submits his or her written claim pursuant to subdivision (a) until the time the claim is denied, including any period of time utilized by the meet and confer conference or mediation.

Civil Actions. The following procedures are established for all civil actions filed to resolve claims subject to this Section:

Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code section 9204 and the terms of these procedures. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court.

If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1114.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration.

In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, also pay the attorney’s fees on appeal of the other party.

Government Code Claims. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, CONTRACTOR must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the CITY.

Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by CONTRACTOR. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, CONTRACTOR shall be barred from bringing and maintaining a valid lawsuit against the CITY. A Government Code claim must be filed no earlier than the date the work is completed or the date CONTRACTOR last performs work on the Project, whichever occurs first. A Government Code claim shall be inclusive of all unresolved claims unless a new unrelated claim arises after the Government Code claim is submitted. 422
52 Non-Waiver. CITY’s failure to respond to a claim from CONTRACTOR within the time periods described in this Section or to otherwise meet the time requirements of this Section shall result in the claim being deemed rejected in its entirety. CITY’s failure to respond shall not waive CITY’s rights to any subsequent procedures for the resolution of disputed claims.

28. NON-DISCRIMINATION: Contractor represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age, or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. A violation of this section exposes CONTRACTOR to the penalties provided for in Labor Code Section 1735.

29. TERMINATION: This Contract may be terminated by CITY at any time, either with or without cause, by giving CONTRACTOR three (3) days advance written notice. In the event of termination by CITY for any reason other than the fault of CONTRACTOR, CITY shall pay CONTRACTOR for all Work performed up to that time as provided herein. In the event of breach of the Contract by Contractor, CITY may terminate the Contract immediately without notice, may reduce payment to CONTRACTOR in the amount necessary to offset CITY’s resulting damages, and may pursue any other available recourse against CONTRACTOR. CONTRACTOR may not terminate this Contract except for cause. In the event this Contract is terminated in whole or in part as provided, CITY may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. Further, if this Contract is terminated as provided, CITY may require CONTRACTOR to provide all finished or unfinished documents, data, diagrams, drawings, materials, or other matter prepared or built by CONTRACTOR in connection with its performance of this Contract.

30. ANTI-TRUST CLAIMS: This provision shall be operative if this Contract Agreement is applicable to California Public Contract Code Section 7103.5. In entering into this Contract Agreement to supply goods, services or materials, Contractor hereby offers and agrees to assign to the Agency all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Professions Code) arising from purchases of goods, services, or materials pursuant to the Contract Agreement. This assignment shall be made and become effective at the time the Agency tendersfinal payment to Contractor, without further acknowledgment by the Parties.

31. NO THIRD-PARTY BENEFICIARY: This Contract and every provision herein are for the exclusive benefit of the Contractor and the City and not for the benefit of any other party.

There will be no incidental or other beneficiaries of any of the Contractor’s or the City’s obligations under this Contract.

32. TIME IS OF ESSENCE: Time is of the essence for each and every provision of the Contract Documents.
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53 33. FORCE MAJEURE: If CONTRACTOR is delayed in the performance or progress of the work by a Force Majeure Event, then the CONTRACTOR shall be entitled to a time extension, as provided in the contract documents, when the work stopped is on the critical path and shall not be charged liquidated damages. Such a non-compensable adjustment shall be CONTRACTOR’s sole and exclusive remedy for such delays and the CONTRACTOR will not receive an adjustment to the contract price or any other compensation. Contractor must submit a timely request in accordance with the requirements of the contract documents. A Force Majeure Event shall mean an event that materially affects a party’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the work); (4) pandemics, epidemics or quarantine restrictions; and (5) strikes and other organized labor action occurring at the project site and the effects thereof on the work, only to the extent such strikes and other organized labor action are beyond the control of CONTRACTOR and its subcontractors, of every tier, and to the extent the effects thereof cannot be avoided by use of replacement workers. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority.

34. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE: Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state, and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Work.

35. ACCEPTANCE OF FACSIMILE SIGNATURES: The Parties agree that this Contract, agreements ancillary to this Contract, and related documents to be entered into in connection with this Contract will be considered signed when the signature of a party is delivered by facsimile transmission. Such facsimile signature will be treated in all respects as having the same effect as an original signature.

36. GOVERNING LAW: This Agreement shall be governed by the laws of the State of California, and exclusive venue for any action involving this Contract will be in Los Angeles County.
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54 IN WITNESS WHEREOF, the parties hereto have executed this Agreement with all the formalities required by law on the respective dates set forth opposite their signatures.

State of California
CONTRACTOR'S License No.

CONTRACTOR
By:

Date TITLE

CITY OF HERMOSA BEACH, CALIFORNIA
By:

Date MAYOR
ATTEST:

By:

Date CITY CLERK
CONTRACTOR'S Business Phone
Emergency Phone at which CONTRACTOR can be reached at any time: ( ) APPROVED AS TO FORM:

CITY ATTORNEY
Date
425

CITY OF HERMOSA BEACH
RESOLUTION NO. 23-XXXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA APPROVING THE CONSTRUCTION OF CIP 696 POLICE

STATION IMPROVEMENTS PROJECT PURSUANT TO GOVERNMENT CODE SECTION 830.6, SUSTAINING THE DETERMINATION OF NONRESPONSIVENESS AND NON-RESPONSIBILITY, AND ESTABLISHING A

PROJECT PAYMENT ACCOUNT
WHEREAS, The City solicited competitive bids for the Police Station Improvements Project; and
WHEREAS, Bids were received and opened publicly on November 2, 2023, and [R Dependable Const Inc.] was chosen as the lowest responsible bidder; WHEREAS, There was another bidder (Esparza Development) that submitted a lower bid than R Dependable Const Inc.; however after a bid protest, City staff determined that this bid was non-responsive and that the bidder was not responsible;
WHEREAS, The City Council, desires to confirm City staff’s determination and award the construction contract to the lowest responsible bidder, [R Dependable Const Inc.] for the Police Station Improvements Project.

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

SECTION 1. On November 2, 2023 the City received a total of five (5) bids which are summarized below:

BIDDER BID AMOUNT
Esparza Development $ 136,000.00
R Dependable Const Inc. $ 148,790.00
Meyers Construction Co. $ 164,600.00
426

ENL Building Service Inc. $ 167,000.00
CTG Construction, Inc. DBA C.T. Georgiou
Painting Co $ 250,000.00
On November 13, 2023, the City received a formal bid protest from the second apparent low bidder (R Dependable Const Inc) with respect to CIP 696 Police Station Improvements Project. In pertinent, the bid protest noted that in the City’s instruction to bidders, the bid documents required that the Contractor demonstrate that it shall have a minimum of five (5) projects of similar type of construction and magnitude with other public agencies within the past five (5) years. Further, the bid protest pointed out that the bid by Esparza Development listed only one (1) project that ended in 2016 (i.e., did not list a minimum of five (5) projects of similar type of construction and magnitude with other public agencies within the past five (5) years).

Per the Protest Procedures outlined in Section III of the Instruction to Bidders in the Project Contract Documents, the bid protest was sent to all parties that may be affected by the outcome of the protest. A deadline for submitting a response to the bid protest was established for Wednesday November 22, 2023, at 12 p.m.

Esparza Development did not respond to the bid protest. As such, the City staff recommends sustaining the protest, determining that the apparent low bid is materially non-responsive as it did not list the required five (5) projects of similar type of construction and magnitude with other public agencies within the past five (5) years. Further, the lack of the required projects within the stated period of time results in a determination that the bidder is non-responsible pursuant to Public Contract Code § 1103 in that the bidder lacks the required experience to satisfactorily perform the public works contract.

Thus, the City Council rejects the Esparza Development’s bid on the above bases and awards the construction contract to the lowest responsible bidder, [R Dependable Const Inc.] for the Police Station Improvements Project.

SECTION 2. The City Council wishes to obtain the immunities set forth in Government Code § 830.6 with regards to the plans and construction of the Project. The City Engineer finds that the plans are complete, and the Project may be constructed.

SECTION 3. Design Immunity; Authorization
427

A. The design, plans and vendor proposal for the Project are determined to be consistent with the City’s standards and are approved; B. The design approval set forth in this Resolution occurred before actual work on the Project construction commenced;
C. The approval granted by this Resolution conforms with the City’s General Plan;
D. The City Engineer, or designee, is authorized to act on the City’s behalf in approving any alterations or modifications of the design and plans approved by this Resolution; and
E. The approval and authorization granted by this Resolution is intended to avail the City of the immunities set forth in Government Code § 830.6.

SECTION 4. For purposes of the Contract Documents administering the Project, the City establishes an account containing sufficient monies from the current and following fiscal year budget to pay for the project. This Account is the sole sources of funds available for the Construction Sum as defined in the Contract Document administering the Project.

SECTION 5. The Project is exempt under the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15301 (Existing Facilities). The proposed work is a minor alteration of existing public structures or facilities involving negligible or no expansion of existing use. No exceptions to the CEQA exemption apply.

SECTION 5. The City Clerk is directed to certify the adoption of this Resolution.

SECTION 6. This Resolution will become effective immediately upon adoption.

PASSED, APPROVED, and ADOPTED on this 12th day of December, 2023. 428

Mayor Justin Massey
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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IV. BID DO CUMENTS
A.PRO PO SAL
CIPNO.696

POLICE STATION IMPROVE MENTS
CONTRACTOR: ESPARZA DEVELOPMENT Date: 11/02/2023
TO: City of Hermosa Beach
Honorable Mayor and Members of the City Council City Hall Hermosa Beach, California, 90254
Ladies and Gentlemen:

The undersigned declares that he/she has carefully examined the location of the proposed work and that he/she has examined the Plans and Specifications, has read the Contract Documents, and hereby agrees to furnish all labor, materials, equipment, tools, transportation, and services to do all work required for:

CIPNO.696

POLICE STATION IMPROVE MENTS
In accordance with the Plans and Specifications prepared by the Engineer, in accordance with the Special Provisions, the Contract Documents, and in accordance with the Standard Specifications for Public Works Construction 2021, Unified Building Code for Construction (current edition) (except Sections 1-9), and the requirements of the Engineer under said documents, for the prices shown herein.

The Contractor also certifies that he/she is registered with the Department oflndustrial Relations.

All work shall be completed within thirty (30) working days from the date the Notice to Proceed is issued by the Engineer.
1001041605
PWCR Registration Number
16 455

ONE HUNDRED THIRTY SIX THOUSAND DOLLARS
$136,000.00
136,000.00 136,000.00

THIRTEEN THOUSAND SIX HUNDRED
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proper opening by the City.

8. The undersigned Bidder stated under penalty of perjury that the representations made in submitting this bid are, to the best of his/her knowledge, true, accurate, and complete.

Respectfully submitted,

ESPARZA DEVELOPMENT
Contractor's Business Name
P.O. BOX 2204,
Business Address: Street
POMONA, CA 91769
City State
Classification
909-821-7591
Business Phone Number
Zip

MICHAEL ESPARZA - OWNER
Name Title
POMONA, CA 91769
City State Zip
OWNER
Contractor Signature Title

MICHAEL ESPARZA - OWNER
By Title
545816 - B
Contractor's License No. and
11/02/2023
Date
P.O. BOX 2204
Residence: Street
909-821-7591
Residence Phone Number
Note: If the bid is made by an individual, it must be signed with the full name of the Bidder, whose address must be given: if it is made by a firm, it must be signed in the copartnership's name by a general partner thereof, who shall also sign his or her own name, and the name and full address of each member must be given; and if it is made by a corporation, it must be signed by a properly authorized officer, the corporate name shall be set forth, and the corporate seal shall be affixed.
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ACKNOWLEDGEMENT OF ADDENDUM No. 1
CIP 696 - POLICE STATION IMPROVEMENTS
CITY Of

HERMOSA
BEACH
Complete and sign this acknowledgement form. Enclose the original copy of the acknowledgement in your bid. Failure to do so may result in the disqualification of your firm's bid.

The undersigned acknowledges receipt of Addendum No. 1 dated October 24, 2023.

ATTEST:

Principal:

Address:

By:

Title:

Page3
1315 Valley Drive, Hermosa Beach, CA 90254 I hermosabeach.gov I (I @HermosaBeachCity W HermosaBchCity

ACKNOWLEDGED
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11/13/2023
City of Hermosa Beach, Public Works Department
1315 Valley Drive, Suite 100
Hermosa Beach, CA 92522
ATTN: Saad Malim, ATTN: City Manager
Re: BID 23-008 - CIP 696 Police Station Improvements
To whom it may concern:

Pertaining to the above noted project R Dependable Const. Inc. is Protesting the bid of the apparent low bidder “Esparza Development”, for the following reasons:

Esparza Development failed to comply with the instruction to bidders, Section III, page 11 – “Qualifications of Bidders”, which states, “Qualifications of Bidders: Each Bidder shall be skilled and regularly engaged in the general class or type of work called for under the Contract. A statement setting forth their experience shall be submitted by each Bidder on the References of Work form provided herein.

Each Bidder shall possess valid active Contractor’s License issued by the Contractor’s State License Board at the time their bid is submitted. The class of license shall be applicable to the work specified in the Contract. Each Bidder shall also have no less than five (5) years’ experience in the magnitude and the character of the work bid.

Pursuant to section 1103 of the Public Contract Code, City staff has determined that the following non-exhaustive experience is reasonably necessary to satisfactorily perform the public works Contract:

The Contractor shall have a minimum of five (5) projects of similar type of construction and magnitude with other public agencies within the past five (5) years.

The Contractor shall have been in the business under the same name and California Contractor’s License for a minimum of five (5) continuous years prior to the bid opening date for this project. Esparza Development listed only 1 project that ended in 2016, over 5 years ago.

We made a public record request on 11/02/23 for review of bid documents, we received request #23- 439 on 11/09/23 at 5:32PM, after hours closing for the holiday weekend. We sent our protest ASAP.

Based on this information R Dependable should be considered as the lowest responsible bidder.

Respectfully
Rosemary Padilla
President
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City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
REPORT 23-0746
Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of December 12, 2023

DISCUSSIONS AND DIRECTION TO CITY STAFF REGARDING REMOTE PARTICIPATION AT

CITY MEETINGS AS WELL AS OTHER FORMAT AND OPERATIONAL CONCERNS RELATED TO

CITY COUNCIL MEETINGS
(City Attorney Patrick Donegan)
Recommended Action:

Staff recommends City Council discuss and provide direction regarding the continued use of remote (Zoom) public participation at City Council meetings, application of any remote public participation policies to other City Boards and Commissions, and any other format or meeting policies City Council would like to see implemented, modified, and/or removed.

Executive Summary:

Like other jurisdictions throughout the state, the City of Hermosa Beach monitored the use and efficacy of remote (Zoom) participation by the public at its various meetings since returning to inperson meetings post the COVID-19 pandemic.

This item is presented to allow City Council to deliberate and direct staff on whether to continue use of remote public participation options at its meetings and whether to implement the results of that decision throughout all other City Boards and Commissions. The City Council should also consider whether other changes are necessary to the format and operations of its meetings so that the public’s business is conducted in a more efficient and transparent manner.

Background:

Consistent with social distancing mandates and other applicable health orders related to the COVID19 pandemic, Hermosa Beach City Council and other City Boards and Commissions conducted its meetings solely via the Zoom platform. Emerging from the pandemic, City Council first instituted hybrid meetings where Councilmembers could attend either in-person in City Hall Chambers or remotely. Members of the community and general public were also provided the option to attend either in-person or attend and participate via the remote option.

At its August 10, 2021 meeting, City Council authorized the continuation of a hybrid (in-person and virtual) format for meetings conducted by the City or held on City property in its continued response City of Hermosa Beach Page 1 of 6 Printed on 12/11/2023 powered by Legistar™482
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virtual) format for meetings conducted by the City or held on City property in its continued response to the COVID-19 declared emergency.

Now, almost four years later, City Council meets in-person, subject to the Brown Act’s remote attendance rules when applicable, but still allows members of the public to view and participate (i.e., provide public comments during the various portions of the meeting when called upon) remotely.

However, no formal action or policy was adopted by either the City Council or any City Board or Commission related to the use and implementation of remote participation by the public extending beyond the COVID-19 pandemic.

At its September 26, 2023 City Council meeting, City Council was the target of a coordinated attack where multiple members of the public flooded the City’s Zoom meeting requesting to comment.

These commenters proceeded to make hateful, bigoted, antisemitic, and sexist remarks intended to disrupt the meeting. These comments were not related to City business in any way and instead were vile attempts to stoke a reaction from City officials and disrupt the City Council’s public meeting.

Unfortunately, Hermosa Beach was not alone in that other jurisdictions still allowing remote participation by the public were also victims of these coordinated “Zoom bombs” where similar racist, antisemitic, bigoted, and sexist comments were made in an attempt to disrupt the meeting.

Since that September 26, 2023 City Council meeting, the Zoom live comment function, allowing residents and members of the public to comment at meetings remotely has not been provided at City Board and Commission meetings. The suspension of this option was enacted for a variety of reasons, most notably the compounding toll on staff resources to manage the virtual public comment option, while ensuring that the technology needed to support Board Members, Commissioners, and staff during the meetings is managed effectively. Hosting virtual viewership through Zoom and toggling between public participation via Zoom, public participation in-person, PowerPoint presentations; and the Granicus software, which is the agenda management software, has become distracting and at times fraught with technical challenges.

Members of the public are, of course, still able to submit written comments to these bodies, as well as attend in-person at the meetings. In the absence of any action by the City Council, the City Boards and Commissions were informed that each respective Board or Commission could set its own policy regarding remote participation, staff and City resources permitting.

As of the date of this meeting, at least three subsidiary City bodies requested that the topic of remote participation by the public be placed on its respective agendas. However, as the City’s ultimate decision-maker the City Council has the discretion to set rules for all of its subsidiary bodies. Absent direction or action by the City Council, these bodies would be afforded the discretion to make its own polices subject to staffing and operational limitations.

At its November 14, 2023 meeting, Councilmember Jackson, Councilmember Detoy, and Mayor City of Hermosa Beach Page 2 of 6 Printed on 12/11/2023 powered by Legistar™483
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At its November 14, 2023 meeting, Councilmember Jackson, Councilmember Detoy, and Mayor Massey expressed support for an agenda item where remote public participation can be discussed.

Further, the request included an option for other changes to the format and timelines for certain City Council items at City Council meetings also be considered during this item. These include, but are not limited to, options to ensure that items on the agenda are heard in a timely manner and are not delayed by numerous public comments that push the time these items are heard later and later into the night.

Past Council Actions
Meeting Date Description
August 10, 2021 City Council authorized the continuation of a hybrid (inperson and virtual) format for meetings conducted by the City or held on City property in its continued response to the COVID-19 declared emergency.

November 14, 2023 Request by Councilmembers Jackson and Detoy and Mayor Massey to place this item on a future agenda.

Discussion:

Remote Participation
With City Council, and City Boards and Commissions, meeting in person in City Council Chambers, the Brown Act does not legally mandate that the public be allowed to participate remotely. Only if a member of the City Council attends the meeting under the remote participation rules under AB 2449 does the Brown Act require that the public also be allowed to attend and participate remotely. AB 2449, among other things, allows remote participation for “just cause” or “emergency circumstances” without identifying and making this remote location accessible to the public.

The “old” Brown Act teleconferencing rules that require notice on the alternative location on the agenda and access to the public similarly does not require that the City allow remote participation by the public-unless they are physically present at the alternative location. However, nothing in the Brown Act would prohibit City Council from allowing remote public participation as a policy choice.

Remote public participation was intended to allow busy City residents, and other members of the public, the ability to monitor and listen to City meetings. It also allows the public the ability to participate when an item of interest to them is called. The City was hopeful that remote participation would increase public input and allow a diverse group of public commenters, who otherwise had other obligations or plans that evening, the ability to participate in real time while running errands or fulfilling other commitments. Practically, wider participation has not come to fruition and the remote public comment section is often the arena for a small group of public commenters who make up the vast majority of all remote public comments.

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Further, the technical responsibilities and the burden of hosting and running the remote participation via Zoom are not trivial. A dedicated staff member must monitor and run the hybrid meeting to ensure participation and the bandwidth required for the Zoom platform does tax the City’s computers, contributes to the City’s software freezing, and other technical issues. Finally, when a meeting is noticed such that it posits members of the public shall be allowed to attend and participate remotely, should the City’s ability to host and run the hybrid meeting be compromised, the meeting cannot continue.

Remote public participation does allow those who cannot attend in person the ability to comment in real time when the item is heard. While written comments are always available to members of the public, remote participation does allow for a commenter to listen to the staff report and any questions the City Council may have and then make comments based on that information. While it has not been a medium that results in expanded public participation from a diverse group of members of the public, there is no guarantee that it cannot develop or evolve into that.

City staff surveyed other jurisdictions and the City would not be alone in discontinuing remote public participation as standard operating procedure, although some jurisdictions still do allow it. The results of an informal survey conducted by City staff are included as Attachment 1.

The basic findings of the survey indicate that out of 73 responding jurisdictions, including eight in the South Bay, 66 indicated that they offered remote participation during the COVID-19 pandemic. A total of 25 jurisdictions has since discontinued the allowance of remote participation, but may still allow remote viewing and remote staff and elected members to participate. A total of seven jurisdictions indicated that while they do allow remote participation at the City Council level, they do not allow it for boards and commissions. Four respondents indicate that they only allow remote participation for its Planning Commission but not for other boards or commissions. The City of Redondo Beach recently voted to continue the practice of continuing remote participation. The cities of Manhattan Beach, Norwalk, and San Bernardino are actively reviewing the issue.

Format and Structure of Meetings
City Council has the discretion to set the structure and format of its meetings, provided these adhere to baseline constitutional requirements as well as the Brown Act. City Council meetings currently solicit general public comment, meaning public comment on items that are under the purview of the City Council but not on the night’s agenda, prior to items that are on the agenda. There is currently no time limit for this initial general public comment, which can result in numerous public commenters speaking on an item for over an hour that is not on the agenda. This, combined with the other items such as Proclamations/Presentations, City Councilmember Comments, and/or Consent Calendar Items pulled for general discussion can result in the Council’s Public Hearings not being heard until 8:30 p.m. or 9:00 p.m. This then causes the other items listed on the agenda to be heard later and later into the evening and has caused some members of the public to express frustration that the City of Hermosa Beach Page 4 of 6 Printed on 12/11/2023 powered by Legistar™485
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later into the evening and has caused some members of the public to express frustration that the actual items listed on the agenda are not heard for hours after the meeting starts.

Staff examined how other jurisdictions attempt to balance the desire to allow general public comment, while still efficiently getting to the public’s business listed on the agenda at a reasonable hour. It is important so that those who are in attendance for an item are not forced to wait until the late hours to have their item heard. One possible solution is to bifurcate the general public comment item. The City Council could set a time limit for the initial general public comment (e.g., 15 minutes, 30, minutes 45 minutes, etc.) and then, if there are any remaining general public comments, inform the public that there will be another general public comment period at the end of the meeting. If this option is considered, City Council should consider the mechanics of such a system with direction to the City Clerk on who to call first during this initial period. Each city surveyed handles public comment in a unique way. Results garnered from the informal survey are included in Attachment 1.

If there are any other modifications to the format and structure of City Council meetings, this is the time to raise them for discussion and direction to City staff. Similar to the remote participation item, City Council should also consider if any potential changes to meeting structure/format should apply to all City Boards and Commissions. To date, only the City Council has the issue of numerous general public comments pushing agenda items later into the evening. Other City Boards and Commissions have not experienced this issue.

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.

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

Policy:
· 2.3 Public participation guidelines. Establish parameters and guidelines to ensure public City of Hermosa Beach Page 5 of 6 Printed on 12/11/2023 powered by Legistar™486
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participation is promoted through diverse methods.

Fiscal Impact:

There is no fiscal impact associated with the recommended action.

Attachments:

1. Allowance of Remote Participation Survey

2. Link to August 10, 2021 City Council Staff Report

3. Link to November 14, 2023 City Council Agenda
Respectfully Submitted by: Patrick Donegan, City Attorney Concur: Myra Maravilla, City Clerk
Noted for Fiscal Schedule: Viki Copeland, Finance Director Legal Review: Patrick Donegan, City Attorney
Approved: Suja Lowenthal, City Manager
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Zoom Public Participation Survey
Conducted by the Office of the City Clerk
Introduction:

The City Clerk’s office created a five-question survey to gage the use of Zoom as a public participation tool amongst California cities. The survey was sent to the South Bay City Clerks directly and separately sent to the Cal Cities City Clerk Listserv, a monitored email distribution, which includes member cities.

The Cal Cities Listserv does not include non-member cities. We received 73 responses from unique cities, towns, and special districts as of December 6, 2023, the date on which this report was written.

However, the survey will remain open until December 12, 2023 at noon. Supplemental entries received after the date this report is written will be added to the agenda as a supplemental item.

Survey Start Date: November 27, 2023 at 2:30 p.m.

Survey End Date: December 12, 2023 at 12:00 p.m.

The list of respondents is found below. South Bay Cities are bolded.

1. Bakersfield

2. Berkeley

3. Brentwood

4. Buena Park

5. Carson

6. Citrus Heights

7. Coachella

8. Coronado

9. Costa Mesa

10. Cotati

11. Danville

12. Desert Water Agency

13. East Bay Regional Park
District

14. El Centro

15. El Segundo

16. Emeryville

17. Fairfax

18. Farmersville

19. Firebaugh

20. Fremont

21. Fresno

22. Fullerton

23. Gardena

24. Glendora

25. Hesperia

26. Inland Empire Utilities
Agency

27. Irwindale

28. Kingsburg

29. Laguna Beach

30. Laguna Hills

31. Lake Elsinore

32. Lakeport

33. Lawndale

34. Lemon Grove

35. Live Oak

36. Loomis

37. Los Angeles

38. Manhattan Beach

39. Monterey

40. Morgan Hill

41. Mt. Shasta

42. Napa

43. Newark

44. Norwalk

45. Oceanside

46. Patterson

47. Perris

48. Petaluma

49. Plymouth

50. Port Hueneme

51. Rancho Palos Verdes

52. Red Bluff

53. Redondo Beach

54. Rolling Hills

55. Salinas

56. San Anselmo

57. San Bernardino

58. San Bruno

59. San Dimas

60. San Fernando

61. San Jose

62. San Luis Obispo

63. San Rafael

64. Santa Cruz

65. Saratoga

66. Scotts Valley

67. Sebastopol

68. Sonoma

69. St. Helena

70. Sunnyvale

71. Thousand Oaks

72. Tulare

73. Victorville
488

Question 1: Did your City Council and/or Boards & Commissions allow Zoom public participation during the COVID-19 emergency?
Question 1 Responses:

Response: No

1. Bakersfield

2. Hesperia

3. Kingsburg

4. Laguna Hills

5. Lemon Grove

6. San Bernardino

7. Tulare
Response: Yes

1. Berkeley

2. Brentwood

3. Buena Park

4. Carson

5. Citrus Heights

6. Coachella

7. Coronado

8. Costa Mesa

9. Cotati

10. Danville

11. Desert Water Agency

12. East Bay Regional
Park District

13. El Centro

14. El Segundo

15. Emeryville

16. Fairfax

17. Farmersville

18. Firebaugh

19. Fremont

20. Fresno

21. Fullerton

22. Gardena

23. Glendora

24. Inland Empire Utilities
Agency

25. Irwindale

26. Laguna Beach

27. Lake Elsinore

28. Lakeport

29. Lawndale

30. Live Oak

31. Loomis

32. Los Angeles

33. Manhattan Beach

34. Monterey

35. Morgan Hill

36. Mt. Shasta

37. Napa

38. Newark

39. Norwalk

40. Oceanside

41. Patterson

42. Perris

43. Petaluma

44. Plymouth

45. Port Hueneme

46. Rancho Palos
Verdes

47. Red Bluff

48. Redondo Beach

49. Rolling Hills

50. Salinas

51. San Anselmo

52. San Bruno

53. San Dimas

54. San Fernando

55. San Jose

56. San Luis Obispo

57. San Rafael

58. Santa Cruz

59. Saratoga

60. Scotts Valley

61. Sebastopol

62. Sonoma

63. St. Helena

64. Sunnyvale

65. Thousand Oaks

66. Victorville
Yes
90%
No
10%
Did your City Council and/or Boards &
Commissions allow Zoom public participation
during the COVID-19 emergency?
489

Question 2: Does your City Council currently allow for Zoom public participation? If so, is it audio only or video and audio?
Question 2 Responses:

Response: No

1. Bakersfield

2. Citrus Heights

3. Danville

4. El Segundo

5. Farmersville

6. Firebaugh

7. Fremont

8. Gardena

9. Hesperia

10. Irwindale

11. Kingsburg

12. Laguna Hills

13. Lake Elsinore

14. Lawndale

15. Lemon Grove

16. Morgan Hill

17. Napa

18. Newark

19. Oceanside

20. Patterson

21. Perris

22. Petaluma

23. Port Hueneme

24. Rolling Hills

25. San Bruno

26. San Dimas

27. San Rafael

28. Scotts Valley

29. St. Helena

30. Tulare

31. Victorville
Response: Yes, audio and
video

1. Berkeley

2. Buena Park

3. Carson

4. Coachella

5. Desert Water Agency

6. East Bay Regional
Park District

7. El Centro

8. Fresno, CA

9. Glendora

10. Lakeport

11. Live Oak

12. Loomis

13. Norwalk

14. Plymouth

15. Rancho Palos Verdes

16. Red Bluff

17. San Jose

18. San Luis Obispo

19. Sebastopol

20. Sonoma

21. Thousand Oaks
Response: Yes, audio only

1. Brentwood

2. Coronado

3. Costa Mesa

4. Cotati

5. Emeryville

6. Fairfax

7. Fullerton

8. Inland Empire Utilities
Agency

9. Laguna Beach

10. Los Angeles

11. Manhattan Beach

12. Monterey

13. Mt. Shasta

14. Redondo Beach

15. Salinas

16. San Anselmo

17. San Bernardino

18. San Fernando

19. Santa Cruz

20. Saratoga

21. Sunnyvale
31 2121
0 5
10 15
20 25
30 35
No Yes, audio and video Yes, audio only
Does your City Council currently allow for
Zoom public participation? If so, is it audio
only or video and audio?
490

Question 3 Analysis:

Of the 66 jurisdictions that indicated they offered Zoom during the COVID-19 emergency, 25 have since discontinued the use of Zoom for public participation. Some jurisdictions that indicated they have discontinued the use of Zoom for public participation added, without being prompted, they continue to offer the Zoom platform as a viewing option and is available for staff and consultants to provide virtual staff presentations.

One jurisdiction, unprompted, indicated they discontinued Zoom public participation option due to hate speech. Another jurisdiction, also unprompted, indicated they discontinued their use of Zoom public participation due to the threat of Zoom bombing.

The City of Scotts Valley temporarily discontinued Zoom for Council meetings, but not for Boards and Commissions. They did not indicate the reason.

The Cities of Brentwood and Saratoga only take in-person public comment at the beginning of the meeting for non-agenda items. They take Zoom comments at the end of their meetings for non-agenda items.

Question 3: Do your Boards and Commissions currently allow for Zoom public participation? If so, is it audio only or video and audio?
37 16
18 1
1 0 5 10 15 20 25 30 35 40
No
Yes, audio only
Yes, audio and video
No response
As needed
Do your Boards and Commissions currently allow for Zoom public participation? If so, is it audio only or video and audio? 491

Question 3 Responses:

Response: No

1. Bakersfield

2. Berkeley

3. Carson

4. Citrus Heights

5. Danville

6. El Segundo

7. Farmersville

8. Firebaugh

9. Fremont

10. Gardena

11. Hesperia

12. Inland Empire Utilities
Agency

13. Irwindale

14. Kingsburg

15. Laguna Hills

16. Lake Elsinore

17. Lawndale

18. Lemon Grove

19. Morgan Hill

20. Napa

21. Newark

22. Oceanside

23. Patterson

24. Perris

25. Petaluma

26. Port Hueneme

27. Rolling Hills

28. Salinas

29. San Bernardino

30. San Bruno

31. San Dimas

32. San Luis Obispo

33. San Rafael

34. Santa Cruz

35. St. Helena

36. Tulare

37. Victorville
Response: Yes, audio
and video

1. Buena Park

2. Coachella

3. Desert Water Agency

4. East Bay Regional
Park District

5. El Centro

6. Fresno

7. Glendora

8. Lakeport

9. Live Oak

10. Loomis

11. Norwalk

12. Plymouth

13. Rancho Palos Verdes

14. Red Bluff

15. San Anselmo

16. San Jose

17. Sebastopol

18. Sonoma
Response: Yes, audio only

1. Brentwood

2. Coronado

3. Costa Mesa

4. Cotati

5. Emeryville

6. Fairfax

7. Fullerton

8. Laguna Beach

9. Manhattan Beach

10. Monterey

11. Mt. Shasta

12. Redondo Beach

13. San Fernando

14. Saratoga

15. Scotts Valley

16. Sunnyvale
Response: No response

1. Los Angeles
Response: As needed

1. Thousand Oaks
Analysis:

The Cities of Berkeley, Carson, San Luis Obispo, Inland Empire Utilities Agency, Salinas, San Bernardino, and Santa Cruz indicated they do allow Zoom public participation for City Council (or governing board) meetings (audio OR audio and video), but not for their Boards and Commissions.

The Cities of Fairfax, Loomis, Morgan Hill, and Mt. Shasta indicated that only their Planning Commission allow for Zoom public participation.
492

Question 4: If your City Council and/or Boards & Commissions currently allow Zoom public participation, are they looking to revert to in-person public comment only? Question 4 Responses:

Response: No

1. Berkeley

2. Brentwood

3. Buena Park

4. Carson

5. Coachella

6. Coronado

7. Costa Mesa

8. Cotati

9. Desert Water
Agency

10. East Bay Regional
Park District

11. El Centro

12. Emeryville

13. Fairfax

14. Fresno

15. Fullerton

16. Glendora

17. Hesperia

18. Inland Empire
Utilities Agency

19. Lakeport

20. Live Oak

21. Loomis

22. Los Angeles

23. Monterey

24. Mt. Shasta

25. Plymouth

26. Rancho Palos
Verdes

27. Red Bluff

28. Redondo Beach

29. Salinas

30. San Anselmo

31. San Fernando

32. San Jose

33. San Luis Obispo

34. San Rafael

35. Santa Cruz

36. Saratoga

37. Scotts Valley

38. Sebastopol

39. Sonoma

40. Sunnyvale

41. Thousand Oaks
Response: Not
Applicable (In Person
Only)

1. Bakersfield

2. Citrus Heights

3. Danville

4. El Segundo

5. Farmersville

6. Firebaugh

7. Fremont

8. Gardena

9. Irwindale

10. Kingsburg

11. Laguna Beach

12. Laguna Hills

13. Lake Elsinore

14. Lawndale

15. Lemon Grove

16. Morgan Hill

17. Napa

18. Newark

19. Oceanside

20. Patterson

21. Perris

22. Petaluma

23. Port Hueneme

24. Rolling Hills

25. San Bruno

26. San Dimas

27. St. Helena

28. Tulare

29. Victorville
Response: Yes

1. Manhattan Beach

2. Norwalk

3. San Bernardino
0 10
20 30
40 50
Not Applicable
(In Person Only)
No Yes
If your City Council and/or Boards & Commissions
currently allow Zoom public participation, are they looking to revert to in-person public comment only?
493

Analysis: City of Saratoga changed their practice after receiving hate speech to in person comments at the beginning of the meeting and Zoom public participation for non-agendized matters at the end of the meeting. They did not indicate the reason. City of Scotts Valley’s Planning and Parks and Recreation Commissions opted to continue using the Zoom option and not return to in-person only. The City Council and their other Boards and Commissions have opted to return to in-person meetings only.

The Cities of Manhattan Beach, Norwalk, and San Bernardino are actively reviewing the option to revert to in-person meetings only. The City of Redondo Beach City Council recently voted to continue offering Zoom public participation option.

Question 5: Please indicate when public participation is allowed.

The vast majority of cities indicated they allowed Public Comment at the start of the meeting and after every item is heard.

The following agencies indicated they only allowed Public Comment at the start of the meeting:

Desert Water Agency, Cities of El Centro, El Segundo, Farmersville, Inland Empire Utilities Agency, San Bernardino, San Fernando.

The following agencies indicated they allowed Public Comment after each item and general public comment was heard at the end of the meeting: Cities of Norwalk and Coachella.

Coachella indicated they pause to take public comments if the meeting is going past 8:00 p.m.

Also indicated under Analysis of Question 2: Cities of Brentwood and Saratoga indicated the Public Comment opportunity at the beginning of the meeting for non-agenda items is in-person only. At the end of the meeting, they allow for Zoom comments. 494
City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
REPORT 23-0735
Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of December 12, 2023

CITY COUNCIL COMMITTEE REORGANIZATION
DECEMBER 2023
(City Clerk Myra Maravilla)
Recommended Action:

Staff recommends City Council:

1. Re-assign committee delegates/alternates or re-affirm current appointments;

2. Adopt a resolution to reflect delegate/alternate changes, if any, to the South Bay Cities Council of Government (Attachment 2); and

3. Add and/or delete any committees or temporary subcommittees, as appropriate.

Executive Summary:

On an annual basis, City Council reviews and reorganizes its committees and subcommittees. In addition to modifying or confirming appointments, Council reviews its subcommittees for possible modifications.

Background:

At its October 5, 2023 special meeting, City Council acted to appoint the following:

Mayor Justin Massey
Mayor Pro Tempore Dean Francois
L.A. County City Selection Committee Delegate Mayor
South Bay Cities Sanitation District Delegate Mayor
South Bay Cities Sanitation District Alternate Mayor Pro Tem The appointment of delegates and alternates for the remaining committee assignments, consistent with the Council’s policy to maintain permanent representatives whenever possible, was postponed to the December 12, 2023 regular meeting. The list of current committee assignments (Attachment 1) will be updated to reflect all changes made.

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Staff Report
REPORT 23-0735
Past Council Actions
Meeting Date Description
December 21, 2021 Decommissioned Public Asset Naming Subcommittee.

Decommissioned North School Reconstruction Project
Subcommittee.

Provided direction to sunset the Economic Development
Committee by December 2022 (last meeting was May 2,
2022).

Appointed Mike Detoy and Ray Jackson to Finance
Subcommittee with a decommission date of January 2024.

Modified resolution to include Ray Jackson as Delegate
and Vanessa Godinez as Alternate to Independent Cities
Risk Management Association (City Council directed staff to transition from ICRMA to CJPIA on November 29,
2022).

December 13, 2022 Appointed Dean Francois to replace Mary Campbell to serve on the Fiesta Hermosa Subcommittee with Ray
Jackson.

April 25, 2023 Formed Municipal Naming Subcommittee consisting of Rob Saemann and Dean Francois.

May 9, 2023 Formed Joint-Use Park Amenities Subcommittee consisting of Rob Saemann and Mike Detoy.

May 23, 2023 Formed Lifeguards Plaque Subcommittee consisting of Dean Francois and Rob Saemann.

Discussion:

A resolution is required for any delegate/alternate changes to the South Bay Cities Council of Governments (SBCCOG). A draft resolution is provided in the event of reassignment this evening (Attachment 2). City Council Committee information is also attached for Council review and modification as appropriate (Attachment 3).

City Council may decommission or extend the decommission date for the following temporary City City of Hermosa Beach Page 2 of 4 Printed on 12/11/2023 powered by Legistar™496
Staff Report
REPORT 23-0735
City Council may decommission or extend the decommission date for the following temporary City Council Subcommittees:
· Fiesta Hermosa Subcommittee-decommission recommended due to completion of scope; · Finance Subcommittee-extend the date;
· Municipal Naming Subcommittee-decommission recommended due to completion of scope; · Joint-Use Park Amenities Subcommittee-decommission or extend the date; and · Lifeguards Plaque Subcommittee-decommission or extend the date.

The City Clerk’s office would notify the boards and committees of any changes to delegate and alternate assignments and the City Manager’s office will forward to Councilmembers the final committee assignment list with any revisions.

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 4. A leader and partner in the region.

Policies:
· 4.1 Regional governance. Play an active role in the South Bay Cities Council of Governments, the Southern California Association of Governments and other regional agencies to protect and promote the interests of the city. · 4.2 Leadership in sustainability. Establish the City as a regional leader in sustainable development and encourage compact, walkable development patterns that conserve land resources, supports active transportation, reduces vehicle trips, improves air quality, and conserves energy and water.
· 4.3 Collaboration with adjacent jurisdictions. Maintain strong collaborative relationships with adjacent jurisdictions and work together on projects of mutual interest and concern. · 4.4 Regional transportation and infrastructure decisions. Actively support regional transportation and infrastructure projects and investment decisions that benefit the city and the region.

Fiscal Impact:

There is no fiscal impact associated with the recommended action.

Attachments:

1. City Council Committee List as of June 13, 2023

2. Draft Resolution
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Staff Report
REPORT 23-0735

3. City Council Committee Information

4. Hermosa Beach Leader’s Guide-Governance
Respectfully Submitted by: Ann Yang, Executive Assistant Concur: Myra Maravilla, City Clerk
Noted For Fiscal Impact: Viki Copeland, Finance Director Approved: Suja Lowenthal, City Manager
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CITY OF HERMOSA BEACH

CITY COUNCIL COMMITTEE

DELEGATE AND ALTERNATE APPOINTMENTS

Appointment 12-13-22
Amended 6-13-23
Beach Cities Health District
Delegate Detoy
California Contract Cities Association
Delegate Jackson (Board members meet 3rd Wed. of each month- Location varies)
Alternate Detoy
Clean Power Alliance Board
Delegate Massey (Board members meet 1st Thurs. of each month, 2–4pm, 801 S. Grand Ave. Suite 400, Los Angeles, CA 90017
Alternate Doug Krauss or remote attendance at SBCCOG Office in Torrance) Hermosa Beach Sister City Association
Delegate Saemann (1st Mon., 7pm, Community Center, Rm 9 or virtually) Alternate Detoy
Independent Cities Association
Delegate Jackson (Annual winter and summer seminars for delegates) [Board members meet 2nd Thurs. of each month, 7-8:30pm, Alternate Saemann Location varies each month and may be virtual] California Joint Powers Insurance Authority
Delegate Jackson (Annual Board Meeting, 5:30 PM Dinner, 7:00 PM Meeting) 8081 Moody Street La Palma, California 90623)
Alternate Saemann
Alternate (staff) Godinez RESOLUTION NO. 23-7371
499

CITY OF HERMOSA BEACH

CITY COUNCIL COMMITTEE

DELEGATE AND ALTERNATE APPOINTMENTS

Appointment 12-13-22
Amended 6-13-23
KHHR Communities Network Committee
Delegate Francois (2nd Wed. in Jan, Apr, Jul, Oct, 6pm, Hawthorne Memorial Center or
Alternate Detoy Hawthorne Municipal Airport)
League of California Cities – L.A. County Division
Delegate Francois (1st Thurs. Jan./March/May - 6pm, locations vary but usually Luminarias Restaurant - Monterey Park or virtually, Alternate Saemann___and other League/Division/committee events as called) Los Angeles County/City Selection Committee
(As called. Mayor must appoint alternate separately
Delegate (Mayor) Jackson each time, when unable to attend meeting) Los Angeles County West Vector and Vector-Borne Control District Board (2nd Thurs. of odd numbered months, 7:30pm,
Delegate Jim Fasola 6750 Centinela Ave., Culver City)
Los Angeles International Airport Community Noise Roundtable Delegate Francois ___(2nd Wed. of odd numbered months, 6:30 pm, LAX) Alternate Detoy
Metropolitan Transportation Authority City Selection Committee Delegate Massey (as called)
Alternate Detoy
500

CITY OF HERMOSA BEACH

CITY COUNCIL COMMITTEE

DELEGATE AND ALTERNATE APPOINTMENTS

Appointment 12-13-22
Amended 6-13-23
South Bay Cities Council of Governments (SBCCOG)
Delegate Massey (4th Thurs., 6pm, 2355 Crenshaw Blvd.,
Suite 125, Torrance, CA)
Alternate Jackson RESOLUTION NO. 20-7267
SBCCOG Steering Committee
Delegate/Alternate See above (2nd Mon., 12 p.m., 2355 Crenshaw Blvd., Suite 125, Torrance, CA)
South Bay Cities Sanitation District (County Sanitation Districts of Los Angeles) Delegate (Mayor) Jackson (3rd Wed., 1:30 pm, Torrance City Hall, 3031 Torrance Blvd., Torrance, CA 90503
Alternate Massey
Southern California Association of Governments
Delegate Jackson (Annual, as called)
Watershed Advisory Council of Santa Monica Bay Restoration Commission Delegate Francois (Meetings at least once a year, as called, usually afternoons at Dockweiler Youth
Alternate Saemann Center, 12505 Vista del Mar, Los Angeles)

West Basin Water Association
Delegate Massey (1st Tues., 11:30 a.m., Carson Community Center or meet virtually)
Alternate Detoy
501

CITY OF HERMOSA BEACH

CITY COUNCIL COMMITTEE

DELEGATE AND ALTERNATE APPOINTMENTS

Appointment 12-13-22
Amended 6-13-23

TEMPORARY CITY COUNCIL SUBCOMMITTEES
Fiesta Hermosa [Formed 07/13/21] (Francois, Jackson)
Target Decommission Date: November 1, 2023
The previous Fiesta Hermosa subcommittee, consisting of Councilmembers Armato and Detoy, was established on July 25, 2017. The subcommittee was decommissioned on December 17, 2019, as its original directives were to work with the community to develop a list of recommended improvements to the events for Council and Chamber of Commerce consideration. These recommendations were ultimately supported by the City Council and incorporated into the Fiesta Hermosa Agreement between the City and Chamber of Commerce (2019-2021). The Agreement further stipulates that the Chamber shall be involved in pre/post-event meetings with City Departments, coordinate an annual community survey in collaboration with the City (in-progress), and provide a yearly general update on Chamber programming and services to the City Council.

The Fiesta Hermosa subcommittee was revived on July 13, 2021, consisting of Councilmembers Campbell and Jackson, to evaluate the Fiesta, provide staff with parameters to negotiate with the Chamber on a new contract for the Fiesta and evaluate the initial performance under that contract.

On December 13, 2022, Councilmember Francois was appointed to replace former Councilmember Campbell to serve on the Fiesta Hermosa Subcommittee with Mayor Jackson.

Finance Subcommittee [Formed 12/21/21] (Detoy, Jackson) Target Decommission Date: January 2024

The Finance Subcommittee will review and monitor events and issues that may affect the financial status of the City; review financial reports, annual and midyear budget recommendations, revenue and taxation proposals or other financial matters; and such other matters as the City Council may request from time-to-time. The Finance Subcommittee will meet quarterly or more frequently as needed. 502

CITY OF HERMOSA BEACH

CITY COUNCIL COMMITTEE

DELEGATE AND ALTERNATE APPOINTMENTS

Appointment 12-13-22
Amended 6-13-23

TEMPORARY CITY COUNCIL SUBCOMMITTEES
Municipal Naming Subcommittee [Formed 4/25/23] (Saemann, Francois) Target Decommission Date: The Subcommittee will be retired following the formal review and consideration of the joint Subcommittees’ recommendations.

The City Council Municipal Naming Subcommittee will consider two requests for the naming of specified public facilities and outdoor space as follows:

1. Naming a bike corral located on Hermosa Avenue and 10th Street in honor of late Public Works Commissioner and bicycling advocate Julian Katz (completed on May 9, 2023); and

2. Work jointly with the Parks, Recreation and Community Resources Advisory Commission Subcommittee consisting of Commissioners Horowitz and Moroney to provide a detailed analysis and recommendation regarding the request to rename the Community Garden at South Park in honor of former Mayor and Councilmember Jeff Duclos.

Joint-Use Park Amenities Subcommittee [Formed 5/9/23] (Saemann, Detoy) Target Decommission Date: The Subcommittee will be retired following the formal review and consideration of the joint Subcommittees’ recommendations.

The Hermosa Beach City Council Joint-Use Park Amenities Subcommittee will join with the Redondo Beach City Council Subcommittee consisting of Councilmembers Todd Loewenstein and Scott Behrendt to explore possible joint-use park amenities between the two cities.

Lifeguards Plaque Subcommittee [Formed 5/23/23] (Francois, Saemann) Target Decommission Date: The Subcommittee will be retired following the formal review and consideration of the joint Subcommittees’ recommendations.

The Lifeguards Plaque Subcommittee will work jointly with the Parks, Recreation and Community Resources Advisory Commission Subcommittee consisting of Commissioners Moroney and Lange to review the request to place a plaque on City property honoring Los Angeles County Lifeguards previously awarded Lifetime Achievement Recognition through the International Surf Festival’s Medal of Valor Ceremony. 503

CITY OF HERMOSA BEACH
RESOLUTION No. 23-7395

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

CALIFORNIA, APPOINTING A DELEGATE AND ALTERNATE TO SERVE AS THE CITY’S REPRESENTATIVE ON THE SOUTH BAY CITIES COUNCIL OF

GOVERNMENTS (SBCCOG)
WHEREAS, the City of Hermosa Beach (“City”) desires to designate its representative to the South Bay Cities Council of Governments (SBCCOG).

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

SECTION 1. That Councilmember __________________ is hereby appointed to serve as delegate and Councilmember _________________ is hereby appointed to serve as alternate on the South Bay Cities Council of Governments (SBCCOG).

SECTION 2. That the City Manager is authorized to execute any documents which are necessary to effectuate these designations and which are consistent with this Resolution.

SECTION 3. That a certified copy of this Resolution shall be provided to the South Bay Cities Council of Governments.

SECTION 4. That the City Clerk shall certify to the passage and adoption of this Resolution, shall enter the same in the book of original Resolutions of said City, and shall make minutes of the passage and adoption thereof in their records of the proceedings of the City Council at which the same is passed and adopted.

PASSED, APPROVED, and ADOPTED on this 12th day of December, 2023.

Mayor Justin Massey
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
504

Updated: 12‐10‐19

CITY COUNCIL COMMITTEE INFORMATION
California Contract Cities Association (CCCA)
CCCA is comprised of 75 member cities. The objective of the organization is to assist member cities by advocating and advancing the benefits of the contracting model, protecting local control, embracing public/private partnerships and providing educational opportunities for members. Annual events include a Municipal Seminar in May, a Fall Conference, and a Sacramento Legislative Tour in January. Board members meet the second Thursday of each month.

Independent Cities Risk Management Association (ICRMA)
The ICRMA is comprised of 20 member cities located in the Los Angeles and Orange counties of Southern California. Members pool their resources under a Joint Powers Agreement (JPA) to support their individual self-insurance programs. The JPA allows but does not require a Councilmember to represent the City on the ICRMA Governing Board, and the City Council has appointed staff members to serve as delegate and alternate (as many other member cities have done) since specific risk management expertise is desirable and the bi-monthly meetings occur during the day.

League of California Cities – Los Angeles County Division The League of California Cities, comprised of several geographical divisions throughout the State, provides legislative advocacy on behalf of cities, specifically on matters of good government and maintaining local control. The League’s annual conference in September rotates between northern and southern California.

The Los Angeles County Division, encompassing the 86 cities of Los Angeles County, holds meetings at 6 p.m. on the first Thursday of the month (OR during the months of January, March and May) in the Los Angeles metropolitan area (locations vary), providing members with the opportunity to exchange ideas/information and share the advantages of cooperative advocacy.

Any Division member may also apply for a one-year appointment to one of eight policy committees, meeting a maximum of four times per year, to help set League priorities and policies.

Los Angeles County/City Selection Committee
This organization is comprised of mayors of Los Angeles County cities. Its function is to appoint city representatives to Boards/Commission/Agencies (as required by law) such as South Coast Air Quality Management District, LAFCO, L.A. City Hazardous Waste Management Advisory Committee, L.A. County Metropolitan Transportation Authority, and to nominate for appointment members to the California Coastal Commission. 505

Updated: 12‐10‐19
Meetings take place as called. Unlike other committees that have both an assigned delegate and alternate, the mayor must separately appoint an alternate to attend each meeting that he or she is unable to attend.

Metropolitan Transportation Authority/City Selection Committee The MTA is charged with conducting hearings and setting fares for established operating organizational units and the approval of transportation zones, final rail corridor selections, and approval of contracts for construction and transit equipment acquisition.

The 14-member agency (which meets at 9:30 a.m. on the 4th Thursday of the month at the MTA, One Gateway Plaza, 3rd floor, L.A.) includes four city councilmembers.

Each city within four sectors of the County (defined by the League of California Cities, L.A. County Division), may vote to nominate one or more candidates from that particular sector for consideration for appointment to the MTA by the L.A. County City Selection Committee (see above). This committee meets on an “on called” basis.

South Bay Cities Council of Governments and Steering Committee The SBCCOG is a joint powers authority of 16 cities and L.A. County of that provides a forum for local government efforts to work collaboratively on programs and studies directed at improving the environment, preserving natural resources, advocating for regional efforts to expand transportation alternatives, and increasing awareness for effective policies for a sustainable community and economic development. Meetings are at 6 p.m. on the 4th Thursday of each month, at 20285 Western Avenue in Torrance.

The Steering Committee serves as the executive committee of SBCCOG – its members are the officers and committee chairs, as well as the chairs of the working groups and a representative from the South Bay City Managers’ group. Meetings take place on the 2nd Monday of each month at 12 noon, at the South Bay Environmental Services Center, 20285 S. Western Avenue, Suite 100, Torrance.

South Bay Cities Sanitation District (County Sanitation Districts of Los Angeles) The Sanitation Districts of Los Angeles are a partnership of special districts formed to protect public health and the environment through innovated cost-effective wastewater/ solid waste management and to convert waste into resources such as recycled water/ materials and energy. The South Bay Sanitation District board meetings take place at 1:30 p.m. on the 3rd Wednesday of each month at Torrance City Hall.

Southern California Associations of Government
SCAG is a joint powers authority established to provide a network for members to identify and address common community problems – the region encompasses six counties and 191 cities, covering more than 38,000 square miles. The agency develops long-range regional transportation plans including sustainable community strategy and 506

Updated: 12‐10‐19
growth forecast components, transportation improvement programs, regional housing needs allocation, and a portion of the South Coast Air Quality management plans. A general assembly is convened at least once a year (usually in April or May).

Watershed Advisory Council of Santa Monica Bay Restoration Commission The Santa Monica Bay Restoration Commission was established by the California Legislature in 2002 to monitor, assess, coordinate and advise the activities of state programs, and to oversee funding that affects the beneficial uses, restoration and enhancement of Santa Monica Bay and its watersheds.

The Watershed Advisory Council serves as an advisory body to the Governing Board of the Santa Monica Bay Restoration Commission. Representatives serving on the Council include local, state and federal elected officials, public agencies responsible for protecting the resources and water quality of the Bay, the business community, along with environmental and other community groups.

The Watershed Advisory Council meetings take place in the afternoon (usually 1-4 p.m.) at least once per year, as called (usually February, March or April), at Dockweiler Youth Center, 12505 Vista del Mar, Los Angeles.

West Basin Water Association
This Association is concerned the problems associated with the existing deficiency in the supply of groundwater in the West Basin – its purpose is to investigate problems, formulate and disseminate factual and educational data in order to provide the West Basin inhabitants with a dependable supply of water to meet present and future needs.

Meetings take place at 11:30 a.m. on the first Tuesday of each month at the Carson Community Center.

Sister City Association, Inc.

In 1967 the City of Hermosa Beach formed a “sister city” relationship with the City of Loreto, Baja California, Mexico – Council action on 3/21/67 initiated contact with Loreto government officials to establish a Sister City Program. The City Council adopted Resolution N.S. 2744 on 11/7/67, which welcomed Loreto, noted the official visit to Loreto by the Hermosa Beach City Council and Sister City Committee, and stipulated that an elected City official be appointed as a representative to help carry out the Program, which now includes a student exchange and paramedic training.

Meetings take place at 7 p.m. on the first Monday of the month in Room 9 of the Community Center.
507
Leader’s Guide 2016 Final Report/Mayor and City Council/Hermosa Beach, California Copyright © 2016: Lyle Sumek Associates, Inc. Project 160303 99 SECTION 7
GOVERNANCE: REFINEMENT
508
Leader’s Guide 2016 Final Report/Mayor and City Council/Hermosa Beach, California Copyright © 2016: Lyle Sumek Associates, Inc. Project 160303 100 Mayor – Council Success
Criteria

1. Collaborating to solve problems, and to creating the future community

2. Accomplishing defined projects and tasks

3. Having/using the Vision/Goals as the Mayor – Council deliberates

4. Addressing community input and using in decision making

5. Respecting each other: Mayor/Council, City Management and Employees

6. Agreeing to disagree, moving on to the next issue

7. Being mindful of Hermosa Beach as a diverse community

8. Looking for opportunities, thinking creatively, taking/supporting innovation actions

9. Being open to new ideas: each others, staff, community

10. Having short, effective meetings

11. Having a safe community

12. Moving the City forward

13. Having a sustainable community

14. Having cost-effective city government providing quality services 509
Leader’s Guide 2016 Final Report/Mayor and City Council/Hermosa Beach, California Copyright © 2016: Lyle Sumek Associates, Inc. Project 160303 101 Mayor – Council
Desired Image

1. Working as a Team: City, Mayor – Council

2. Respect for Others

3. Collaborating to Address Issues, to Solve Problems

4. Responsive to Community Needs

5. Open to Community Input

6. Support for City Staff

7. Focus on Governing – Apolitical

8. Listening to Ideas/Suggestions from Others

9. Advocacy for City

10. Ambassador for City with Passion

11. Thoughtful, Open Deliberations

12. Creative Thinking, Support for Innovative Actions

13. Effective, Efficient Use of Time

14. Embodiment of Hermosa Beach: Representing Community Values 510
Leader’s Guide 2016 Final Report/Mayor and City Council/Hermosa Beach, California Copyright © 2016: Lyle Sumek Associates, Inc. Project 160303 102 Governance Guiding Principles
Mayor and City Council
City of Hermosa Beach

1. Respect others as we want to be respected: Councilmember, City Staff and Public.

2. Listen with an open mind to others and strive to understand, before stating an opinion or judging.

3. Work collaboratively as a “City Team”.

4. After a majority vote, agree to disagree move on to the next issue.

5. Represent the Council decisions and policy direction.

6. Negotiate with each other; look for ways to common ground and compromise.

7. Focus on the issue, avoid personal attacks and accusations

8. Ok not to talk
511
Leader’s Guide 2016 Final Report/Mayor and City Council/Hermosa Beach, California Copyright © 2016: Lyle Sumek Associates, Inc. Project 160303 103 Mayor and City Council Protocols: Operating
Guidelines for City Council and City Manager
City of Hermosa Beach
Protocol 1 Simple Information
• Contact Department Director or City Manager.
• If Department Director is contacted, copy City Manager. • Department Head will contact City Manager.
• Council members should share expectations and your preferred form of communications.
• Acknowledge within 24 hours
Protocol 2 Council Requests
Key Issues:

A. Expectation immediate knowledge – let me check into it and get back to you with a complete answer
B. Expectation immediate response – drop current work project and handle this request
C. Responsiveness of Staff
Expectations:

A. Share expectations and timeframe
B. 24 hour acknowledge inquiry
C. Inform on citizen request – do you want notification before or after action D. Staff response on questions goes to all Mayor and City Council Action: Topic for Action
• Contact City Manager.
• Council may research a topic and bring information to the City Manager. • If research requires more than 1 hour; the topic will be taken to Council for direction.
• Council can bring up topic during “Other Matters” for direction. • Information reports may be shared with Council at the discretion of the City Attorney and City Manager.
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Leader’s Guide 2016 Final Report/Mayor and City Council/Hermosa Beach, California Copyright © 2016: Lyle Sumek Associates, Inc. Project 160303 104 Action: Citizen Service Request
A. First Contact
• Refer to City Manager and/or Department Head.
• Council members should share expectations of further
communication on actions or city follow up
• Acknowledge within 24 hours
B. Unsatisfactory Contact
• Refer to City Manager.
• City Manager will inform Council on follow up actions by the City.

Protocol 3 Council Reports
Key Issues:

A. Report bias
B. Complete reports with multiple options
C. Recommendations
D. Use of Decision Making Tool
Expectations:

A. Options presented
B. Council share concerns, issues and expectations without specific wording C. Present the context
D. Have an open mind
Action: Topic for Action
• Link to vision, goals, mission and decision making tools • Review “best practices” from other cities (similar cities) • Provide thorough analysis
• Evaluate options and alternatives
• Objective Report
• Provide strong professional recommendation(s)
• Frame discussion topic/question
• Avoid lobbying through others
Protocol 4 Employee Contact
A. Employee initiated
• Report contact to City Manager on topics: employment, management or policy direction.
• Refer employee to supervisor or Department Head.

B. Council initiated
• Social contact only.
• If a community issue of performance, contact the City Manager and not direct the City employee.
513
Leader’s Guide 2016 Final Report/Mayor and City Council/Hermosa Beach, California Copyright © 2016: Lyle Sumek Associates, Inc. Project 160303 105 Protocol 5 Email Guidelines
• Communication from Council to Council majority sent to Clerk. • For private communications, Council should use phone or personal email address. • Avoid “Reply to All”.
• Use FYI for share information no reply.
• Hermosa Beach address is a public record.
• No weekend email needed, unless an emergency situation.

Protocol 6 New Ideas
• Contact City Manager.

Protocol 7 Commission Communications
• Commission communications is through responsible Department Director.

Protocol 8 Spokesperson on City Matters
• Official communication (including press release) through the Public Information Officer; Tested Mayor/Pro Tem.
• Mayor and City Manager reflect the City Policy
• Circulate to Councilmembers
Protocol 9 Performance Problem
• Go to the City Manager
• Avoid discussion at Council meeting
Protocol 10 Communications: Council and Staff
• City Manager will share the same information at the same time with all Councilmembers.
• City Manager will use Council as a resource.
• City Council and staff should avoid surprises or last minute items/information. • City Manager should inform Councilmember on topic of potential impact. 514
Leader’s Guide 2016 Final Report/Mayor and City Council/Hermosa Beach, California Copyright © 2016: Lyle Sumek Associates, Inc. Project 160303 106 Protocol 11 Agenda Process
A. Placing an item
• Contact City Manager
• Place on “Other Matter” for Council direction.
• Two Councilmembers will determine the placement on a future Council agenda for initial discussion with brief staff report. (1 page) B. Question on item
• Contact (email or call) Department Director, with a copy to City Manager. • Presentation will incorporate the questions.
• Information will be shared with all Councilmembers.

C. Agenda Preview
• Identify topics for next Council agenda.

D. The City Manager will review the Council meeting agenda with the Mayor and Mayor ProTem
Protocol 12 Council Agenda
Key Issues:

A. Items on “Consent Agenda”
B. Minutes
C. Pulling a number of items
Criteria for Consent Agenda Item:

A. Routine item requiring Council action
B. Items in approved budget
C. Items with prior Council decision or direction
D. Items with no public input
E. Expenditure threshold: $100,000
Action: When pulling an item from the Consent Agenda

1. Pull item.

2. State reason for pulling item.

3. If opposed to item, comment on the item and your position. Item will not be pulled, but your opposition is noted in the minutes – a “No” vote.

4. Written comments may be submitted on Consent Agenda items.

5. Pulled items will be referred to “Other Matters” on the Agenda. 515
Leader’s Guide 2016 Final Report/Mayor and City Council/Hermosa Beach, California Copyright © 2016: Lyle Sumek Associates, Inc. Project 160303 107 Protocol 13 Council Meetings - Management
Key Issues:

A. Long meeting going late into the night, early morning B. Long agendas
C. Actual meetings starting after 9 pm
D. Overload study sessions
E. Recycling, repetitive Council comments
F. Pulling items from “Consent Agenda”
G. Need an additional meeting?
Suggestions:

A. City Manager 1 on 1 meetings to discuss agenda, respond to questions B. Start public hearing at designated times
C. Limit “Recognitions and Presentations” to 3 (10 minutes each) D. Public input

1. Have public sign up

2. Have next speaker identified as “queued” up

3. Avoid commenting or engaging the public

4. Split comments on Agenda Items Early; and General Comments at the end of the meeting

5. Limit speakers: 2 minutes
E. Council comments and discussion focus on the issues
F. Follow Roberts Rules
G. Council comments: Time
H. Mayor summarizes before action
Actions:

A. Use first names at the Council meeting
B. Allow brief discussion before making the motion
C. Ask questions before the Council meeting
D. Public input: have individual sign in after presentation; be ready to speak; 3 minutes to speak
E. Council Presentations: avoid reading reports or overheads F. Brief staff/consultant presentation (10 minutes); 1 minute for announcing events G. Discourage applause, boos or emotional reactions
H. Clarifying direction from Mayor at end of discussion, before the vote I. Designate time for hearings
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Leader’s Guide 2016 Final Report/Mayor and City Council/Hermosa Beach, California Copyright © 2016: Lyle Sumek Associates, Inc. Project 160303 108 Protocol 14 Study Session
Key Issues:

A. Adequate time for Council discussion
B. Feeling “rushed” with time deadline
C. Providing clarity of direction to City Staff
Suggestions:

A. Separate Study Session from Council Meeting – 1st Wednesday, 6 – 9 pm B. Staff provides complete reports prior to meeting
C. Mayor and Council read reports
D. Staff Brief Presentation with identified questions needing direction E. Limit topics (1 – 3)
Actions:

A. Separate Study Session (7 pm – 9 pm)
B. Quarterly or as needed
C. Limited topics
D. Time for Council discussion
E. Brief Presentation
F. Background material sent to Mayor – Council ahead of meeting Protocol 15 Meeting Minutes
Key Issues:

A. Action Minutes or Transcript
Suggestions:

A. Name of presenters
B. Brief sentence: comment, summary, and position
C. Avoid significant time impact on Staff
Actions:

A. Time stamp on agenda
B. Maintain Action Minutes
517
Leader’s Guide 2016 Final Report/Mayor and City Council/Hermosa Beach, California Copyright © 2016: Lyle Sumek Associates, Inc. Project 160303 109 Protocol 16 City Bidding and RFP Process
Key Issues:

A. Efficient process
B. Systematic approach to recurring contracts
C. “Best qualified” contract
D. 3 – 5 year renewals
E. Competitive prices
F. More transparency process
G. Length of RFP process
Actions:

A. Notification to Mayor – Council of upcoming contract B. Avoid surprises
Protocol 17 City Manager Notification
The City Manager will inform Mayor – City Council through: e-mail Mayor – Council Reports
518
City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
23-0745
Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of December 12, 2023

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

Attachment:

Tentative Future Agenda Items
City of Hermosa Beach Page 1 of 1 Printed on 12/7/2023
powered by Legistar™519
December 7, 2023
Honorable Mayor and Members Regular Meeting of
of the Hermosa Beach City Council December 12, 2023

TENTATIVE FUTURE AGENDA ITEMS
NO MEETING DECEMBER 26, 2023
(DARK)
NO MEETING JANUARY 9, 2024
(DARK)
JANUARY 23, 2024 @ 5:00 PM

INITIAL

DATE CLOSED SESSION
JANUARY 23, 2024 @ 6:00 PM

PRESENTATIONS
RECOGNIZING LEARNED LUMBER’S 100TH YEAR OF BUSINESS IN HERMOSA BEACH ANNOUNCEMENT OF THE WINNER OF THE 14TH ANNUAL PARKING PERMIT ART CONTEST

PRESENTATION FROM CLEAN POWER ALLIANCE

HERMOSA BEACH CHAMBER OF COMMERCE PRESENTS
REVIEW OF 2023 PROGRAMS AND VISION FOR 2024

CITY MANAGER REPORTS
Police Chief Update

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

CONSENT CALENDAR
City Council Minutes City Clerk Ongoing
Check Registers Finance Director Ongoing
Revenue Report, Expenditure Report, and CIP Report by Project for November and December 2023
Finance Director Ongoing
City Treasurer’s Report and Cash Balance Report for November and December 2023
City Treasurer Ongoing
Cancellation of Certain Checks City Treasurer Ongoing
Capital Improvement Program Status Report Public Works Director Ongoing Action Minutes of the Public Works Commission Meeting of November 15, 2023
Public Works Director Ongoing
Action Minutes of the Civil Service Board Meeting of November 15, 2023 Human Resources Manager Ongoing Action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of December 5, 2023
Community Resources Manager Ongoing
Action Minutes of the Planning Commission Meeting of December 11, 2023 Community Development Director Ongoing Planning Commission Tentative Future Agenda Community Development Director Ongoing Los Angeles Fire Services and McCormick Ambulance Monthly Report for November 2023
Emergency Management
Coordinator
Ongoing
PUBLIC HEARINGS – 6:30 PM
City-Initiated Request for Conditional Use Permit (CUP) Amendment (CUP 23-12/Ape 23-08) to Modify a CUP by Incorporating Additional Conditions of Approval Related to Service of Alcohol (Beer and Wine) for an Existing Restaurant at 1332 Hermosa Avenue (Pedone’s Pizza and Fine Foods) in the General Commercial (C-2) Zone; and Determine That the Project is Categorically Exempt from the California Environmental Quality Act (CEQA).

Community Development Director Council Direction
Nov. 28, 2023
520
2 JANUARY 23, 2024 @ 5:00 PM

INITIAL
DATE
(CONTINUED)

MUNICIPAL MATTERS
Award of Contract for Sound and Stage Production Services for the Hermosa Beach Concert Series to Vox Productions
Community Resources Manager Staff Request
Nov. 27, 2023
Ordinance to Discuss Policies Around e-Bikes and Bikes City Attorney Council Direction Oct. 10, 2023
Approval of Amendments to Agreements with 4Leaf, Inc. and Willdan Engineering for On-Call Staff Augmentation Services for Community Development
Community Development Director Staff Request
Nov. 21, 2023
Fee Schedule Update for CUP Amendments Community Development Director Staff Request Nov. 14, 2023
Economic Development Strategy Progress Report Community Development Director Biannual Clark Building Renovations Public Works Director Staff Request Nov. 30, 2023
Civic Facilities City Manager Council Direction
Nov. 29, 2023
FUTURE AGENDA ITEMS – CITY COUNCIL
Future Agenda Items City Manager Ongoing
SATURDAY, FEBRUARY 10, 2024 (8:00 AM – 5:00 PM)

CITY COUNCIL RETREAT
NO MEETING FEBRUARY 13, 2024
(DARK)
521
3 FEBRUARY 27, 2024 @ 5:00 PM

INITIAL

DATE CLOSED SESSION
FEBRUARY 27, 2024 @ 6:00 PM

PRESENTATIONS

PROCLAMATION DECLARING FEBRUARY AS BLACK HISTORY MONTH

CITY MANAGER REPORTS
Police Chief Update

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

CONSENT CALENDAR
City Council Minutes City Clerk Ongoing
Check Registers Finance Director Ongoing
Revenue Report, Expenditure Report, and CIP Report by Project for January 2024
Finance Director Ongoing
City Treasurer’s Report and Cash Balance Report for January 2024 City Treasurer Ongoing Cancellation of Certain Checks City Treasurer Ongoing
Capital Improvement Program Status Report Public Works Director Ongoing Action Minutes of the Civil Service Board Meeting of December 20, 2023 Human Resources Manager Ongoing Action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of January 8, 2024
Community Resources Manager Ongoing
Action Minutes of the Planning Commission Meeting of January 16, 2024 Planning Commission Tentative Future Agenda Community Development Director Ongoing Los Angeles Fire Services and McCormick Ambulance Monthly Report for December 2023
Emergency Management
Coordinator
Ongoing
South Bay Workforce Investment Board Quarterly Summary (2nd Qtr for 2023-24)
Chris Cagle Quarterly

MUNICIPAL MATTERS
Midyear Budget Review 2023-24 Finance Director Annual
FUTURE AGENDA ITEMS – CITY COUNCIL
Future Agenda Items City Manager Ongoing
WEDNESDAY, MARCH 6, 2024

STUDY SESSION PLACEHOLDER
522
4 PENDING STRATEGIC PLAN ITEMS

STATUS /

TENTATIVE MEETING DATE
Beach Policy/Regulations (Continued from meeting of October 27, 2016) Community Resources Manager
This item will be addressed
through the creation of the
Volleyball Court Use Policy, to
be reviewed by City Council in
2023 (date to be determined)
Alternative Fuel Transportation Report, Nov. 2016 Environmental Analyst

PENDING NEW ITEMS

STATUS /

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

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

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

Public Records Request Guidelines
Initiated by: Staff Request Oct. 14, 2019
City Clerk
Emergency Services Municipal Code Chapter 2.56 Update Emergency Management
Coordinator
Waiting for State to review
proposed language changes
Return to Council to discuss a full ban on tobacco sales and to include all available data related to other communities who have adopted complete bans Initiated by: Council Direction Jan. 28, 2020
Community
Development Director
Staff to work with BCHD to
consider appropriate timing to
return to consider a full ban
Consideration of licensing agreement/fees for use of City logo Initiated by: Council Direction Jun. 9, 2020
City Attorney The City will develop a
licensing agreement for
commercial uses of the City
logo as part of a comprehensive
Administrative Memorandum
(AM) on City Branding and
Logo Use by City Staff. City
staff will begin drafting the
AM after finalizing the City’s
523
5 style guide and filing its “Intent
to Use” trademark application
for the City logo with the
USPTO. As part of developing
a Licensing Agreement for the
Commercial Use of the City
Logo, staff will establish a
process for reviewing and
handling these requests. This
process will likely include the
negotiation of royalties and as
well as the preparation of a
staff report to obtain Council
approval to enter into the
agreement. Only once after the
City receives the issuance of a
Notice of Allowance from the
USPTO can it begin approving
applications for commercial
uses of the logo.

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

12.42 to the Hermosa Beach Municipal Code to require property owners to repair the sidewalk area abutting their real property
Initiated by: Staff Request June 12, 2021
City Attorney
PLAN Hermosa 5-year check-in on milestones
(Supported by Massey, Campbell, Armato, Jackson)
Initiated by: Council Direction October 26, 2021
Community
Development
Director/Environmental
Program Manager
The next update to City
Council will be in 2026
Consideration of Non-Profit Grant Program
Initiated by: Council Direction March 9, 2022
Deputy City Manager
Report on whether the Blue Star Marker Program would be applicable in Hermosa Beach (supported by Detoy, Jackson and Saemann) Initiated by: Council Direction May 23, 2023
Community Resources
Manager Staff waiting to hear back from
the Hermosa Garden Club
Consideration of rules that would govern operation of off-sale alcohol establishments in downtown and consideration of queuing for on-sale alcohol establishments. (supported by Massey, Saemann and Detoy) Initiated by: Council Direction June 13, 2023
Community
Development/Police
Chief/Deputy City
Manager
Ordinance to be established to
address items
Review of Los Angeles Metro C Line (Green) Extension to Torrance (supported by Jackson, Detoy and Francois)
Initiated by: Council Direction September 26, 2023
City Manager
Information Item: Discussion of the City's COVID-19 requirements for employment and the City's position on the vaccination requirement (supported by Saemann and Francois)
Initiated by: Council Direction November 28, 2023
Human Resources
Manager/City
Manager/City Attorney
524
Pg 1 of 7 #23-1468

CITY OF HERMOSA BEACH
ORDINANCE NO. 23-1468

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING ZONE TEXT AMENDMENT 23-04, TO AMEND PORTIONS OF TITLE 17 OF THE HERMOSA BEACH

MUNICIPAL CODE RELATING TO SHORT-TERM VACATION RENTALS IN

COMMERCIAL ZONES AND DETERMINE THE AMENDMENT IS

EXEMPT FROM THE CALIFORNIA ENVIRONEMNTAL QUALITY ACT
(CEQA)

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

SECTION 1. On December 14, 2021, City Council adopted Ordinance No. 21- 1440, extending the Short-Term Vacation Rental Pilot Program an additional two years from the program’s adoption in 2019, and implemented revisions to clarify existing requirements.

SECTION 2. The City Council held a duly noticed public hearing on September 12, 2023 to consider a text amendment to portions of Hermosa Beach Municipal Code Title 17.

SECTION 3. Under Section 15061(b)(3) of the California Environmental Quality Act (CEQA), the ordinance qualifies as a “common sense exemption” as CEQA only applies to projects which have the potential for causing a significant effect on the environment.

SECTION 4. The City Council finds the proposed amendments are consistent with the City’s General Plan. The ordinance will also comply with State requirements.

The amendments will not impede the City’s ability to meet its General Plan goals, and the amendments are necessary to carry out the purposes of the Zoning Ordinance, including the orderly planned use of landresources.

SECTION 5. Section 17.40.230 (short-term vacation rentals) of Chapter 17.40 (Conditional Use Permits and Other Permit Standards) of Title 17 (Zoning) is repealed as the substantive provisions in this section are being relocated to Section

17.42.180.

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SECTION 6. Section 17.42.180 (Advertising of short-term rentals prohibited) of Chapter 17.42 (General Provisions, Conditions and Exceptional Uses) of Title 17 (Zoning) is amended to read as follows:

17.42.180 Short-Term Vacation Rentals.

It shall be unlawful for any person to offer or make available for rent or to rent (by way of a rental agreement, lease, license or any other means, whether oral or written) for compensation or consideration a residential dwelling, a dwelling unit or a room in a dwelling for less than 30 consecutive days and for any person to occupy a residential dwelling, a dwelling unit or a room in a dwelling for less than 30 consecutive days pursuant to a rental agreement, lease, license or any other means, whether oral or written, for compensation or consideration except for shortterm vacation rentals in nonconforming residential dwelling units in certain commercial zones in compliance with the following requirements. No person or entity shall maintain any advertisement of a short-term rental in violation of this section, in any zone.

This section sets forth requirements for the establishment and operation of shortterm vacation rentals in nonconforming residential dwelling units in certain commercial zones.

A.Permit and Operational Requirements. The approval of operation of a shortterm vacation rental shall be subject to the following requirements:

1. Administrative Permit Required. Short-term vacation rentals may be established and operated only after an administrative permit has been approved in compliance with Chapter 17.55. The administrative permit for a short-term vacation rental shall be valid for one calendar year from the date of issuance and must be renewed annually thereafter; provided, that this section remains in effect and has not expired.
a. Prior to approval or renewal of an administrative permit for operation of a short-term vacation rental, the premises shall be inspected by the building official or their designee for compliance with all applicable building and safety codes, as well as compliance with any applicable Municipal Code regulations regarding short-term vacation rentals. If the building official or their designee conducts more than two (2) inspections to verify compliance due to outstanding corrections, the applicant is subject to a reinspection fee for those additional inspections.

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b. An application for a new or renewal of an administrative permit shall include payment of all required and outstanding administrative fees. c. The application submittal shall include a list of the Uniform Resource Locations (URL) where the property is listed online, and the applicant shall keep the list current at all times.
d. Short-term vacation rentals established under this section shall have no vested right to continued existence.

2. Location. Short-term vacation rentals shall only be permitted in nonconforming residential dwellings on properties zoned C-2, C-3, SPA 7, SPA 8, or SPA 11.
a. For purposes of this section, a "nonconforming residential unit" shall mean a residential dwelling unit that was lawfully established and maintained as a dwelling unit as of October 24, 2019. If the unit is converted into a nonresidential use, then it shall be deemed the termination of the existing nonconforming residential use, and thereby the unit loses any nonconforming status as a residential use and loses any right to operate as a short-term vacation rental.

3. Management and Operations Plan. In addition to any other requirements for an application for an administrative permit, or any conditions of approval contained therein, the application to establish and operate a short-term vacation rental shall be accompanied by a managementplan, which shall establish, to the satisfaction of the community development director (director), or their designee, the following:
a. The reasonably prudent business practices that owner or owner’s authorized agent will use to ensure that the short-term vacation rental unit is used in a manner that complies with all applicable laws, rules, regulations, and permits.
b. An identification plaque posted and maintained at all times, within plain view of and legible to the general public, not exceeding six square feet in size, and containing address of premises and permit number, and telephone number of Hermosa Beach Police Department dispatch for complaints regarding condition, operation or conduct of occupants of the unit. The director may alter the size requirement to ensure the plaque is legible from the adjacent public right-of-way.
c. The name, address, and telephone number of a local contact person who shall be available 24 hours per day, seven days per week for the purpose of responding to City staff calls pertaining to complaints regarding the condition, operations, or conduct of
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occupants of the short-term vacation rental or their guests, and if directed by City staff, to personally proceed on site within 30 minutes from the call to resolve the problem.
d. The owner or the owner’s authorized agent shall, upon notification that any occupant or guest of the short-term vacation rental unit has created unreasonable noise or disturbances, engaged in disorderly conduct, or committed violations of any applicable law, rule or regulation pertaining to the use and occupancy of the short-term vacation rental unit, respond in a timely and appropriate manner to immediately halt or prevent a recurrence of such conduct. Failure of the owner or the owner’s authorized agent to respond to such calls or complaints regarding the condition, operation, or conduct of the occupants and/or guests of the short-term vacation rental unit in a timely and appropriate manner shall subject the owner to all administrative, legal, and equitable remedies available to the City. e. The owner and/or the owner’s authorized agent shall use reasonably prudent business practices to ensure that the occupants and/or guests of the shortterm vacation rental unit do not create unreasonable noise or disturbances, engage in disorderly conduct or illegal activity, or violate any applicable law, rule or regulation pertaining to the use and occupancy of the short-term vacation rental unit.
f. The owner and/or the owner’s authorized agent shall use reasonably prudent business practices to ensure that the short-term vacation rental unit is used for overnight accommodations purposes only. This shall include using all prudent business practices to prohibit the rental to commercial party businesses.
g. Prior to occupancy of a short-term vacation rental unit, the owner or the owner’s authorized agent shall:
i. Obtain the contact information of the renter.
ii. Provide a copy of the City’s "Good Neighbor" brochure containing these requirements to the renter.
iii. Require the renter to execute a formal acknowledgement they are legally responsible for compliance by all occupants of the short- term vacation rental unit and their guests with all applicable laws, rules, and regulations pertaining to the use and occupancy of the short-term vacation rental unit. iv. The information required in subsections (A)(3)(g)(i) and (A)(3)(g)(iii) of this subsection shall be maintained by the owner or the owner’s authorized agent for a period of three years and be made available upon request to any officer of the City responsible for the enforcement of any provision of the Municipal DocuSign Envelope ID: B69993A4-F873-4CEF-B9A1-79C8BD619391 304 528
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Code or any other applicable law, rule or regulation pertaining to the use and occupancy of the short- term vacation rental unit.
h. The property shall be maintained free of litter and debris. Trash and refuse shall not be left or stored within public view, except in proper containers for the purpose of collection by the City’s authorized waste hauler on scheduled trash collection days. Trash receptacles must be maintained within an enclosure and placed for pick up to comply with the provisions of HBMC 8.12.220 and 8.12.230. The size or number of containers and/or frequency of pick-up (if permitted by the City’s authorized waste hauler) shall be increased if needed to accommodate the amount of trash generated by all uses on the site.
i. On-site parking shall be allowed on approved driveway, garage and/or carport areas only. Parking shall comply with all current City parking regulations. Parking of oversized vehicles must comply with the provisions of Chapter 10.32, Stopping, Standing and Parking, of the Municipal Code. j. Approved on-site parking space(s), including all enclosed garages, shall be kept free and clear to accommodate vehicular parking for renters/guests during all times the unit is in use as a short-term vacation rental. k. The number of adult occupants allowed to occupy any given short-term vacation rental unit shall be limited to two (2) per bedroom/sleeping area. l. The director shall have the authority to impose additional conditions on the use of any given short-term vacation rental to ensure that any potential secondary effects unique to the subject short-term vacation rental unit are avoided or adequately mitigated.
m. The owner or owner’s authorized agent shall post the current short-term vacation rental permit number, a photograph of the front of the property where the short-term vacation rental unit is located, as well as the number of approved on-site parking spaces available, in any written publication or on any website that promotes the availability or existence of a short-term vacation rental unit.

4. The owner shall comply with all requirements related to a business license under Chapter 5.04, Business Licenses Generally, of the Municipal Code, and related to the transient occupancy tax under Chapter 3.32, Transient Occupancy Tax, of the Municipal Code for the operation of the short-term vacation rental.

B. Development Standards. Short-term vacation rentals shall conform to the following standards:

1. On-site parking shall be provided as required under Chapter17.44.

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2. A private kitchen area, shower, and toilet facilities, and at least one room/area designated as a sleeping area shall be provided in each unit.

C.Violations. Violations of this section are subject to the following standards.

1. Any violation of this section shall result in issuance of an administrative citation pursuant to Chapter 1.10, Administrative Citations, Penalties, or any other legal methods of enforcement, of the Municipal Code.

2. More than three violations of this section or any of the City’s quality of life ordinances, such as noise violations, disturbing the peace, or creating a public nuisance, within a 12-month period shall be grounds for revocation of the business license and administrative permit, in accordance with provisions of the Code, provided the three violations have been affirmed by a hearing officer in the event they are appealed.

D.Sunset Clause. The provisions in this section shall become inoperative on October 24, 2025, and shall be considered repealed on that date, unless the City Council of Hermosa Beach enacts a new ordinance that becomes effective on or before October 24, 2025, and which deletes or extends that date. No new or renewals of administrative permits and/or business licenses for short-term vacation rentals shall be issued after October 24, 2025, and no permitted short-term vacation rental shall have a right to operate beyond the term of the permit.

SECTION 7. If any provision of this ordinance or its application to any person or circumstance is held to be invalid, such invalidity has no effect on the other provisions or applications of the ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this resolution are severable. The City Council declares that it would have adopted this resolution irrespective of the invalidity of any portion thereof.

SECTION 8. Effective Date. This Ordinance shall take effect thirty (30) days after its passage and adoption pursuant to California Government Code section 36937.

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SECTION 9. 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 26th day, September 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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State of California )
County of Los Angeles ) ss
City of Hermosa Beach )
October 10, 2023
Certification of Council Action
ORDINANCE NO. 23-1468

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA APPROVING ZONE TEXT AMENDMENT 23-04, TO AMEND PORTIONS OF TITLE 17 OF THE HERMOSA BEACH MUNICIPAL CODE RELATING TO SHORT-TERM

VACATION RENTALS IN COMMERCIAL ZONES AND DETERMINE THE AMENDMENT IS

EXEMPT FROM THE CALIFORNIA ENVIRONEMNTAL QUALITY ACT (CEQA) I, Myra Maravilla, City Clerk of the City of Hermosa Beach, California, do hereby certify that the above and foregoing Ordinance No. 23-1468 was duly approved and adopted by the City Council of said City at its regular meeting thereof held on the 26th day of September 2023 and passed by the following vote:

AYES: MAYOR JACKSON, MAYOR PRO TEM MASSEY, COUNCILMEMBERS

SAEMANN, FRANCOIS, AND DETOY
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
_____________________________
Myra Maravilla, MPA, CMC
City Clerk
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