Hermosa Beach City Council
January 23, 2024

CONTRACT FOR PROFESSIONAL SERVICES

BETWEEN THE CITY OF HERMOSA BEACH AND FULLERTON CONSULTING PARTNERS

TO PROVIDE A CIVIC CENTER COMMUNITY OUTREACH TECHNICAL SUPPORT This AGREEMENT is entered into this 23RD day of January 2024, by and between the CITY OF HERMOSA BEACH, a California general law City and municipal corporation (“CITY”) and FULLERTON CONSULTING PARTNERS LLC, a limited liability company (“CONSULTANT”).

R E C I T A L S
A. The City and the CONSULTANT completed an Initial Feasibility Study regarding Civic Facilities and now desire to engage the community on the project scope and alternatives.

B. The City will issue a request for Proposals (RFP) to secure an outside firm to provide community outreach services and will require CONSULTANTS assistance to present project alternatives and guide the community through the community engagement process.

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

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

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

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

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

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

As additional consideration, CITY agrees to pay CONSULTANT an amount not to exceed $43,750, for CONSULTANT’s services listed under EXHIBIT A, unless otherwise specified by written amendment to this Agreement.

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

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

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

SCOPE OF SERVICES. CONSULTANT will perform the services and activities set forth in the SCOPE OF SERVICE attached hereto as EXHIBIT A and incorporated herein by this reference. 783
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Except as herein otherwise expressly specified to be furnished by CITY, CONSULTANT will, in a professional manner, furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, equipment, printing, vehicles, transportation, office space, and facilities necessary or proper to perform and complete the work and provide the professional services required of CONSULTANT by this Agreement.

PAYMENTS. For CITY to pay CONSULTANT as specified by this Agreement, CONSULTANT must submit an invoice to CITY which lists the reimbursable costs, the specific tasks performed, and, for work that includes deliverables, the percentage of the task completed during the billing period in accordance with the schedule of compensation incorporated in “Exhibit A.” TIME OF PERFORMANCE. The services of the CONTRACTOR are to commence upon receipt of a notice to proceed from the CITY and shall continue until all authorized work is completed to the CITY’s reasonable satisfaction, in accordance with the schedule incorporated in “Exhibit A,” unless extended in writing by the CITY.

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

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

TERM OF AGREEMENT. The term of this Agreement shall commence upon execution by both parties and shall expire on December 31, 2024, unless earlier termination occurs under Section 11 of this Agreement, or this Agreement is extended in writing in advance by both parties.

CHANGES. CITY may order changes in the services within the general scope of this Agreement, consisting of additions, deletions, or other revisions, and the contract sum and the contract time will be adjusted accordingly. All such changes must be authorized in writing, executed by CONSULTANT and CITY. The cost or credit to CITY resulting from changes in the services will be determined in accordance with written agreement between the parties.

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

PERMITS AND LICENSES. CONTRACTOR will obtain and maintain during the term of this Agreement all necessary permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement.

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

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

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

Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated.
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INDEMNIFICATION. CONSULTANT shall indemnify, defend with counsel approved by CITY, and hold harmless CITY, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, and cost (including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with CONSULTANT's performance of work hereunder or its failure to comply with any of its obligations contained in this AGREEMENT, regardless of CITY’S passive negligence, but excepting such loss or damage which is caused by the sole active negligence or willful misconduct of the CITY. Should CITY in its sole discretion find CONSULTANT’S legal counsel unacceptable, then CONSULTANT shall reimburse the CITY its costs of defense, including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation. The CONSULTANT shall promptly pay any final judgment rendered against the CITY (and its officers, officials, employees and volunteers) covered by this indemnity obligation. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.

The requirements as to the types and limits of insurance coverage to be maintained by CONSULTANT as required by Section 17, and any approval of said insurance by CITY, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by CONSULTANT pursuant to this Agreement, including, without limitation, to the provisions concerning indemnification.

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

INDEPENDENT CONTRACTOR. CITY and CONSULTANT agree that CONSULTANT will act as an independent contractor and will have control of all work and the manner in which it is performed. CONSULTANT will be free to contract for similar service to be performed for other employers while under contract with CITY. CONSULTANT is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY provides for its employees. Any provision in this Agreement that may appear to give CITY the right to direct CONSULTANT as to the details of doing the work or to exercise a measure of control over the work means that CONSULTANT will follow the direction of the CITY as to end results of the work only.

AUDIT OF RECORDS. CONSULTANT agrees that CITY, or designee, has the right to review, obtain, and copy all records pertaining to the performance of this Agreement. CONSULTANT agrees to provide CITY, or designee, with any relevant information requested and will permit CITY, or designee, access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this Agreement. CONSULTANT further agrees to maintain such records for a period of three (3) years following final payment under this Agreement.

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

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

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

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

2. General Liability Coverage. The CONSULTANT shall maintain commercial general liability insurance in an amount of not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit.

3. Automobile Liability Coverage. CONSULTANT shall maintain personal automobile insurance for purposes of commuting.

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

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

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

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

3. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.

4. The insurer waives all rights of subrogation against the CITY, its elected or appointed officers, officials, employees, or agents.
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5. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents, or volunteers.

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

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

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

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

E. The CONSULTANT shall provide certificates of insurance with original endorsements to the CITY as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the CITY on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the CITY at all times during the term of this Agreement.

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

G. The commercial general and automobile liability policies required by this Agreement shall allow City, as additional insured, to satisfy the self-insured retention (“SIR”) and/or deductible of the policy in lieu of the Consultant (as the named insured) should Consultant fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the City Attorney and the Finance Director. Consultant understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by Consultant as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should City pay the SIR or deductible on Consultant’s behalf upon the Consultant’s failure or refusal to do so in order to secure defense and indemnification as an additional insured under the policy, City may include such amounts as damages in any action against Consultant for breach of this Agreement in addition to any other damages incurred by City due to the breach.

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

FINAL PAYMENT ACCEPTANCE CONSTITUTES RELEASE. The acceptance by the CONSULTANT of the final payment made under this Agreement shall operate as and be a release of the CITY from all claims and liabilities for compensation to the CONSULTANT for anything done, furnished or relating to the CONSULTANT’S work or services. Acceptance of payment shall be any negotiation of the CITY’S check or the failure to make a written extra compensation claim within ten (10) calendar days of the receipt of that check. However, approval or payment by the CITY shall not constitute, nor be deemed, a release of the responsibility and liability of the CONSULTANT, its employees, sub-consultants and agents for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by the CITY for any defect or error in the work prepared by the Consultant, its employees, sub-consultants and agents. 787
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CORRECTIONS. In addition to the above indemnification obligations, the CONSULTANT shall correct, at its expense, all errors in the work which may be disclosed during the City’s review of the Consultant’s report or plans. Should the Consultant fail to make such correction in a reasonably timely manner, such correction shall be made by the CITY, and the cost thereof shall be charged to the CONSULTANT. In addition to all other available remedies, the City may deduct the cost of such correction from any retention amount held by the City or may withhold payment otherwise owed CONSULTANT under this Agreement up to the amount of the cost of correction.

NON-APPROPRIATION OF FUNDS. Payments to be made to CONSULTANT by CITY for services performed within the current fiscal year are within the current fiscal budget and within an available, unexhausted fund. In the event that CITY does not appropriate sufficient funds for payment of CONSULTANT’S services beyond the current fiscal year, the Agreement shall cover payment for CONSULTANT’S services only to the conclusion of the last fiscal year in which CITY appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year.

NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows:

CITY CONSULTANT
City of Hermosa Beach
1315 Valley Drive
Hermosa Beach, CA 90254
ATTN: Suja Lowenthal
Fullerton Consulting Partners
26895 Aliso Creek Rd
Aliso Viejo, CA 92656
ATTN: Jeffrey Fullerton
Any such written communications by mail will be conclusively deemed to have been received by the addressee upon deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph.

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

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

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

C. INTERPRETATION. This Agreement was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in Los Angeles County.
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D. ENTIRE AGREEMENT. This Agreement, and its Attachments, sets forth the entire understanding of the parties. There are no other understandings, terms or other agreements expressed or implied, oral or written.

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

F. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written amendment with signatures of all parties to this Agreement. CITY’s City manager, or designee, may execute any such amendment on behalf of CITY.

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

FORCE MAJEURE. Should performance of this Agreement be impossible due to fire, flood, explosion, war, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties’ control, then the Agreement will immediately terminate without obligation of either party to the other.

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

ATTORNEY’S FEES. The parties hereto acknowledge and agree that each will bear his or its own costs, expenses and attorneys' fees arising out of and/or connected with the negotiation, drafting and execution of the Agreement, and all matters arising out of or connected therewith except that, in the event any action is brought by any party hereto to enforce this Agreement, the prevailing party in such action shall be entitled to reasonable attorneys' fees and costs in addition to all other relief to which that party or those parties may be entitled.

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

OWNERSHIP OF DOCUMENTS. It is understood and agreed that the City shall own all documents and other work product of the Consultant, except the Consultant’s notes and workpapers, which pertain to the work performed under this Agreement. The City shall have the sole right to use such materials in its discretion and without further compensation to the Consultant, but any re-use of such documents by the City on any other project without prior written consent of the Consultant shall be at the sole risk of the City. 789
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DISCLOSURE REQUIRED. (City and Consultant initials required at one of the following paragraphs)
By their initials next to this paragraph, City and Consultant hereby acknowledge that Consultant is not a “consultant” for the purpose of the California Political Reform Act because Consultant’s duties and responsibilities are not within the scope of the definition of consultant in Fair Political Practice Commission Regulation 18700.3(a) and is otherwise not serving in staff capacity in accordance with the City’s Conflict of Interest Code.

City Initials ______
Consultant Initials ______
COMPLIANCE WITH COVID-19 VACCINATION POLICY. All CONSULTANT’S employees, agents, officers and subcontractors who will be physically present in the City and have contact with City officials and employees or with the public shall be fully vaccinated from COVID19. CONSULTANT agrees to certify in writing to CITY that it complies with the foregoing.

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

CITY OF HERMOSA BEACH FULLERTON CONSULTING PARTNERS, LLC Suja Lowenthal, City Manager By: Jeffrey Fullerton, Principal ATTEST:
88-4394234
Myra Maravilla, City Clerk Taxpayer ID No.

APPROVED AS TO FORM:

Patrick Donegan, City Attorney
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Exhibit A

INTRODUCTION
The City of Hermosa Beach (“City”) and Fullerton Consulting Partners LLC (“FCP”) have been working together since April 26, 2023 to create an initial feasibility study to determine if the City has the opportunity to develop a unique civic center asset that will serve critical government needs while providing an iconic sense of place in the City’s downtown core in a cost neutral manner. The original contract with FCP contemplated a three-phase work plan as follows:

Phase 1 - Initial feasibility study
Phase 2 - Obtain CEQA approval
Phase 3 - Project Procurement
FCP has completed the phase 1 scope contemplated under the original contract. Through that work several sites and project scope alternatives were identified. The work over the last several months has indicated that there is a viable path to provide the City’s program on a cost natural basis. FCP’s initial models determined that the combination of operational cost savings, new tax revenues (i.e. sales tax, occupancy tax and property tax), along with one-time funds from land sales would be more than sufficient to offset the cost of a new project. The final determination of project costs and offsetting revenue, however, are highly dependent on the final project scope, the project location and the uses for which residual real estate is developed. Further City Council has expressed a desire to not sell land.

The City staff and council have determined that it is desirable to engage the community now in discussions regarding the project scope and which, if any, City lands should be considered for development partnerships as part of the plan to finance the project. Phase 1 culminated with a City Council Facilities Study Session on November 29, 2023. The Council’s direction at that time was for staff to come back to Council in January with a proposed community engagement plan.

FCP’s original Phase 1 scope included outlining a procurement plan and budget for approval by the City Council. Based on feedback and direction from City Council in the study session, FCP is proposing to revise the project plan and make the Phase 2 scope primarily about community outreach. Allowing the opportunity for input at this phase will increase transparency in the project to ensure that community input is considered in the site selection, alternative refinement, and project design parameters prior to launching the CEQA and procurement processes.

OUTREACH CONSULTANT
To respond to the request of Council, the City desires to initiate an RFP for outreach services and contract independently with a consultant to facilitate community meetings as well as community engagement with social media and traditional press. The scope of these outreach services covered under that RFP is expected to include:
1) Working with a citizens advisory committee to vet project alternatives. 2) Hosting up to 6 community open house events at City owed venues such as the Clark 791
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Building, Community Resources Building and the Kiwanis Center and potentially virtual meetings.
3) Developing project messaging, fact sheets and marketing materials. 4) Staffing pop-up project information booths at community events. 5) Providing press releases outreach to local print media outlets. 6) Creating a project website and related social media accounts, monitoring social media sites for conversations about the project and posting responses as approved and required.
7) Reporting feedback from community engagement.

FCP PHASE 2 SCOPE
To complement the community outreach scope, FCP is proposing as Phase 2 of its engagement the following services. These services will be performed within the proposed Phase 2 budget as outlined:
1) Overall Team Coordination. FCP will leverage knowledge gained in phase 1 of the project to provide leadership and direction to the outreach team. FCP will participate in bi-weekly meetings with City staff and other updates as needed. FCP will liaise with the outreach consulting team as needed to coordinate efforts and provide direction. 2) Community Outreach Facilitator FCP will assist City staff in developing a scope of services and RFP for the community outreach consultant. FCP will also review proposals and provide feedback to City staff.
3) Community Meetings. Jeffrey Fullerton will act as the lead consultant at community meetings presenting the project and answering questions from the community. It is anticipated that a City staff member will also be present at community meetings. FCP will assist the outreach consultant in the preparation of materials for the project based on work done during phase 1. It is anticipated that up to 6 of these meetings will be held.

Some may be person and some virtual, but a hybrid format is not recommended. 4) Working Group Discussions. It is anticipated that a citizens advisory group will be formed as part of the outreach effort. FCP will help prepare for the small group community meetings and engage with local residents in the project options and alternatives. 5) Public Communications. FCP will assist the outreach consultant in the preparation of content for a project website and related social media sites. FCP will review and comment on press releases or social media posts and other community outreach. 6) Financial Updates. Concurrent with the community meetings FCP will update its financial models to test various development and project scope alternatives against the project cost budget. FCP will explore potential P3 development models that do not involve land sales (in response to the Council’s requests) and test those against the baseline financial model. FCP will also stay in touch with local builders and developers to keep the City staff and Council informed of cost trends in the market. FCP recommends that a hotel market study be independently commissioned by the City during the outreach phase to verify the capacity for additional hotel rooms in Hermosa Beach and TOT 792
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revenue projections. FCP will assist the consultant in the preparation of the market study and review any findings from the study. FCP will update the development plan and financial models with this new information as applicable. 7) Project Plan Updates. Based on the results of the community input meetings, market studies and other information from this phase, FCP will identify refinement, or potential additions to the alternatives identified in Phase 1, conduct informal market soundings with the development community and develop a plan of finance for the project. FCP will also develop a project schedule and work with City planning staff to recommend a CEQA approval strategy, then outline a plan for project delivery and present recommendations for next steps to staff and Council.

City of Hermosa Beach Civic Center Redevelopment Phase 2 Budget 6 Months (Tentative January 2024 through June 2024)

LABOR COSTS
Principal
Jeffrey Fullerton TOTAL
$ 350.00
TASKS:

Overall Team Coordination
- Coordination meetings
- Project summaries/progressupdates
- Check-in calls as needed 18 $ 6,300.00
Communications Consultant Procurement
- Assist City with development of communications consultant RFP - review of proposals 12 $ 4,200.00
Community Meetings
- Participation in 6 larger format community meetings
- Assist in creation of presentation and educational materials 15 $ 5,250.00 Working Group Discussions
- Steering committee meetings
- Outreach to property owners
25 $ 8,750.00
Media Relations
- Provide input on media inquiry responses and review of press releases. - Review website and social media site content.
- Provide input on planned press releases and social media posts. 12 $ 4,200.00 Financial Updates
- Modeling
- Review hotel marketstudy
- Identify P3 development partnershipmodels 21 $ 7,350.00 793
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Project Updates
- Alternative refinement
- Schedule updates
- Marketsounding
- Procurement Plan
- CEQA strategy
22 $ 7,700.00
Total Estimated Hours 125 $ 43,750.00
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Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
REPORT 24-0050
Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of January 23, 2024

CITY MANAGER CONTRACT AMENDMENT

AND AWARD OF PERFORMANCE BONUS
(City Attorney Patrick Donegan)
Recommended Action:

Staff recommends City Council approve Resolution (Attachment 1) which approves an amendment to the City Manager’s employment agreement increasing her compensation for her sixth year of employment and awarding her a one-time performance bonus pursuant to the terms of her employment agreement.

Executive Summary:

The City Council conducted the City Manager’s annual performance evaluation in the latter months of 2023 and directed that a contract amendment be prepared providing for an increase in salary reflecting her performance for the 2022-2023 year of service as well as award a performance bonus pursuant to the terms of her employment agreement.

Background:

At its August 28, 2018 meeting, the City Council approved an Employment Agreement with Suja Lowenthal providing for her employment as City Manager. Section 5 of the Agreement provides that the Council will annually conduct a performance evaluation of the City Manager and consider a compensation adjustment at that time. At its July 14, 2020 meeting, the City Council approved the first amendment to the City Manager’s employment agreement as of her first anniversary of employment. At its February 23, 2021 meeting, the City Council approved the second amendment to the City Manager’s employment agreement. At its October 25, 2022 meeting, the City Council approved the third amendment to the City Manager’s employment agreement.

Under the Brown Act, performance evaluations are conducted in closed session in order to protect the privacy interests of the employee. The privacy interests of public employees in their work performance are no different than those of employees in the private sector.

Past Council Actions
Meeting Date Description
August 28, 2018 City Council approved the City Manager’s employment agreement (Attachment 6)
City of Hermosa Beach Page 1 of 3 Printed on 1/18/2024
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Staff Report
REPORT 24-0050
Past Council Actions
Meeting Date Description
August 28, 2018 City Council approved the City Manager’s employment agreement (Attachment 6)
July 14, 2020 City Council approved the first amendment to the City Manager’s employment agreement (Attachment 5)
February 23, 2021 City Council approved the second amendment to the City Manager’s employment agreement (Attachment 4)
October 25, 2022 City Council approved the third amendment to the City Manager’s employment agreement (Attachment 3)
Discussion:

The City Manager’s existing employment agreement, among other things, posits that at the time of her annual performance evaluation the City Council will evaluate the City Manager’s salary and/or any other benefits received by the City Manager. Further, the City Manager may be awarded an exceptional performance recognition in the form of a one-time check up to ten percent (10%) of base salary for exceptional performance during the prior fiscal year. The City Manager’s salary for the 2022-2023 year of service was $265,224.

During the latter months of 2023, the City Council conducted the City Manager’s performance evaluation. The proposed results of that performance evaluation are as follows:
· An annual salary of Two Hundred Seventy-Three Thousand One Hundred Eighty Dollars and Seventy-Two Cents ($273,180.72) for the time period of August 28, 2023 through August 27, 2024.
· A one-time performance bonus in the amount of Eighteen Thousand Five Hundred and Sixty Five Dollars and Sixty-Eight Cents ($18,565.68) for the prior fiscal year.

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.

City of Hermosa Beach Page 2 of 3 Printed on 1/18/2024
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Staff Report
REPORT 24-0050
Policies:
· 1.1 Open Meetings. Maintain the community’s trust by holding meetings in which decisions are being made, that are open and available for all community members to attend, participate, or view remotely.
· 1.6 Long-term considerations. Prioritize decisions that provide long-term community benefit and discourage decisions that provide short-term community benefit but reduce long-term opportunities..

Goal 8. A performance-based management and benchmarking program.

Policy:
· 8.1 Community indicators. Utilize performance metrics, standards, and data collection procedures to evaluate progress towards goals
Fiscal Impact:

The total cost of the negotiated changes (salary increase plus performance bonus) for FY 2023-2024 is $26,522.40.

Attachments:

1. Draft Resolution

2. Fourth Amendment to City Manager Employment Agreement

3. Third Amendment to City Manager Employment Agreement

4. Second Amendment to City Manager Employment Agreement

5. First Amendment to City Manager Employment Agreement

6. City Manager Employment Agreement

7. Link to August 28, 2018 City Council Staff Report

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

9. Link to February 23, 2021 City Council Staff Report

10.Link to October 25, 2022 City Council Staff Report
Respectfully Submitted by: Patrick Donegan, City Attorney Concur: Myra Maravilla, City Clerk
Noted for Fiscal Schedule: Viki Copeland, Finance Director City of Hermosa Beach Page 3 of 3 Printed on 1/18/2024
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CITY OF HERMOSA BEACH
RESOLUTION NO. RES-24-

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

CALIFORNIA, APPROVING THE FOURTH AMENDMENT TO THE CITY

MANAGER EMPLOYMENT AGREEMENT AND AWARDING A ONE-TIME

PERFORMANCE BONUS FOR THE PRIOR FISCAL YEAR
WHEREAS, the City of Hermosa Beach and Suja Lowenthal (hereinafter “Employee”) entered into a City Manager Employment Agreement (hereinafter the “Agreement”) as of August 28, 2018, providing for employment of the City Manager of City; and
WHEREAS, the City and Employee entered into three previous amendments to the Agreement; and
WHEREAS, the City Council conducted the Employee’s annual performance review and now the City and Employee desire to amend the Agreement for a fourth time to increase the annual salary paid to Employee; and WHEREAS, pursuant to Section 5 of the Agreement, the Employee may be given an exceptional performance recognition in the form of a one-time check up to ten percent (10%) of base salary for exceptional performance during the prior fiscal year; and
WHEREAS, the City Council desires to award a one-time performance bonus pursuant to the terms of the Agreement; and

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

SECTION 1. The Fourth Amendment to City Manager Employment Agreement (attached as Exhibit “A”) is hereby approved and the Mayor is directed to execute.

SECTION 2. Pursuant to the terms of the Agreement, Employee is hereby awarded a one-time performance bonus in the amount of Eighteen Thousand 798

Five Hundred and Sixty Five Dollars and Sixty-Eight Cents ($18,565.68) for the prior fiscal year.

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

SECTION 4. This resolution shall take effect immediately.

SECTION 5. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this resolution is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision will not affect the validity of the remainder of this resolution. The City Council hereby declares that it would have adopted this resolution, and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof is declared invalid or unconstitutional.

SECTION 6. Record of Proceedings. This resolution takes effect immediately and that the City Clerk shall certify to the passage and adoption of this resolution; shall cause the same to be entered among the original resolutions of said City; and shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council of said City in the minutes of the meeting at which time same is passed and adopted. The City Clerk shall keep a copy of same along with such other documents and records of proceedings as may be designated by the City Manager.

PASSED, APPROVED and ADOPTED on this 23rd day of January, 2024.

Justin Massey
PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, CA ATTEST: APPROVED AS TO FORM:
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________________________________ ________________________________ Myra Maravilla Patrick Donegan
City Clerk City Attorney
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FOURTH AMENDMENT TO

CITY MANAGER EMPLOYMENT AGREEMENT
This FOURTH AMENDMENT TO CITY MANAGER EMPLOYMENT AGREEMENT (hereinafter “Fourth Amendment”) is made and entered into as of the 23rd day of January, 2024, by and between the CITY OF HERMOSA BEACH, a California general law city and municipal corporation (hereinafter “City”) and SUJA LOWENTHAL (hereinafter “Employee”).

R E C I T A L S
A. City and Employee entered into a City Manager Employment Agreement (hereinafter the “Agreement”) as of August 28, 2018 providing for employment of Employee as City Manager of City.

B. Pursuant to Section 5 of the Agreement, the City Council conducted an annual performance evaluation of Employee following her fifth full year of employment and further evaluated her salary to determine whether modifications are appropriate.

C. The parties now desire to modify the Agreement in order to increase Employee’s salary for the sixth year of her employment.

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

1. Section 5 of the Agreement is amended in its entirety to read:
“5. Compensation. City agrees to pay Employee for the services required by this Agreement a monthly base annual salary of Two Hundred Seventy-Three Thousand One Hundred Eighty Dollars and Seventy-Two Cents ($273,180.72) from August 28, 2023 through August 27, 2024, payable in installments at the same time as other employees of the City are paid. Employee shall not be entitled automatically to receive cost of living 801
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adjustments afforded to City’s classified employees or department head level executives, but the City Council may in its discretion take the cost of living index into consideration when adjusting Employee’s compensation.

At the time of her annual performance evaluation, or at any other time desired by the City Council, City agrees to evaluate Employee’s salary and/or any other benefits Employee receives under this Agreement and to make modifications in such amounts and to such an extent (whether in the nature of a cost of living adjustment, merit increase, bonus or other compensation enhancement or otherwise) as City Council in its discretion may determine that it is desirable to do so based on Employee’s performance and such other information as Employee may submit as Employee deems relevant to this determination, including evidence of salaries paid to city managers in comparable cities.

Commencing with Employee’s 2022/2023 work year, Employee may be given exceptional performance recognition in the form of a one-time check up to ten percent (10%) of base salary for exceptional performance during the prior fiscal year. Such bonus, if provided, may be paid as regular pay (non-PERSable), converted to deferred compensation (401A or 457 Plan, HSA or other allowed City plan) to the extent allowed by law or some other mechanism mutually agreed by the parties.”

2. The salary adjustments provided for by this Fourth Amendment shall take effect commencing August 28, 2023.
[Signature Page to Follow]
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Except as modified above, in all other respects the Agreement is hereby reaffirmed and in full force and effect.

IN WITNESS THEREOF, the parties have executed this Fourth Amendment as of the day and year first above written.

CITY OF HERMOSA BEACH

JUSTIN MASSEY
MAYOR
ATTEST:

CITY CLERK

EMPLOYEE

SUJA LOWENTHAL

CITY MANAGER
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City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
REPORT 24-0007
Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of January 23, 2024

APPROVAL OF THIRD AMENDMENT TO AGREEMENT WITH

WILLDAN ENGINEERING FOR ON-CALL STAFF AUGMENTATION

SERVICES FOR COMMUNITY DEVELOPMENT
(Building and Code Enforcement Official Guillermo Hobelman and Community Development Director Carrie Tai)
Recommended Action:

Staff recommends City Council:

1. Approve the proposed third amendment to an agreement with Willdan Engineering for staff augmentation services to increase the not-to-exceed amount by $120,000, resulting in a total not-to exceed amount of $295,000 (Attachment 1); and

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

Executive Summary:

The Community Development Department uses contract building plan review specialists for most plan submittals and has utilized this type of third-party service for several decades. The department currently has one specialist on contract but would like to ensure the ability to maintain timely building plan review of projects. The proposed third amendment to an agreement with Willdan Engineering would increase the not-to-exceed compensation by $120,000 resulting in a total amended contract term of three years and total not-to-exceed amount of $295,000.

Background:

For several decades, the City has contracted with a third-party firm for building plan review services for compliance with the California Building Standards Code. Like many smaller jurisdictions, the City’s Community Development Department staff does not include building plan review engineers, fire life safety experts, and other building plan review specialists that are essential to conduct the breadth of building plan review.

The Community Development Department currently has a building plan review and related services agreement with one firm, Hayer Consultants. The City entered into an agreement on October 28, 2022 with Hayer Consultants to provide building plan review and related services for the Community City of Hermosa Beach Page 1 of 4 Printed on 1/18/2024
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REPORT 24-0007
2022 with Hayer Consultants to provide building plan review and related services for the Community Development Department with an expiration date of June 30, 2025. The current fiscal year 2023- 2024 contract services budget for building plan review services is $200,000.

In early 2022, the Community Development Department experienced vacancies of Building and Safety staff and needed technically proficient staff to review building plans. The City entered into an agreement on July 20, 2022 with Willdan Engineering for $30,000 to provide on-call staff augmentation services for the Community Development Department with an expiration date of June 30, 2025 (Attachment 2). This professional services agreement also allowed the Community Development Department to supplement the available service providers for building plan check services. These additional services helped improve prolonged turnaround times.

At its August 9, 2022 meeting, City Council approved the first amendment to increase the not-toexceed compensation by $45,000 resulting in a total amended contract term of three years and total not-to-exceed amount of $75,000 (Attachment 3). The proposed first amendment added additional funds to the existing agreement to fill the Department’s staffing needs as recruitments were underway.

At its November 29, 2022 meeting, City Council approved the second amendment to increase the not -to-exceed compensation by $100,000 resulting in a total amended contract term of three years and total not-to-exceed amount of $175,000 (Attachment 4). The second amendment added an approved hourly rate for the position of an Interim Community Development Director to lead the department as the recruitment for a permanent hire was underway.

Past Board, Commission, and Council Actions
Meeting Date Description
October 27, 2020 City Council approves agreement with Hayer Consultants, Inc to provide building plan review and related services to the Community Development Department.

August 9, 2022 City Council approves first amendments for on call staff augmentation for Willdan Engineering.

November 29, 2022 City Council approves second amendment for an agreement with Willdan Engineering for on call staff
augmentation.

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Discussion:

To successfully serve the residents, businesses, and the development community, the City must ensure that sufficient building plan review services are in place to provide building plan review services within a timely manner. Customarily, many jurisdictions target a maximum 30-day timeframe to provide an initial review of projects by Planning and Building Safety staff. To meet these needs, the Community Development Department identified the need to supplement the available number of building plan review service providers. The availability of multiple building plan review service providers would bring the City in line with current best practices for many public agencies that utilize multiple building plan review service providers.

Willdan Engineering is a well-regarded firm that assists many public agencies in Southern California.

The Community Development Department began utilizing Willdan Engineering building plan review services in July of 2022 to supplement the available number of building plan review service providers.

Willdan Engineering demonstrated that they have the technical expertise, available staffing, and competitive pricing to continue to assist the City with building plan review services. The service demand for building plan review services is an ongoing need, and at the current rate of plan submittals for review, the remaining funding of approximately $20,000 from the current service agreement with Willdan Engineering would be exhausted within the first quarter of 2024.

Staff requests the proposed third amendment to an agreement with Willdan Engineering to increase the not-to-exceed compensation by $120,000 resulting in a total amended contract term of three years and total not-to-exceed amount of $295,000. At current building plan review volume levels, the requested contract augmentation would allow the department to utilize Willdan Engineering’s building plan review services for the remaining term of the contract, which expires July 2025.

The current Professional Service Agreements will be refreshed through a Request for Proposal (RFP) process in early 2025.

General Plan Consistency:

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

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

Policy:
· 1.1: Strategic planning. Regularly discuss and set priorities at the City Council and management level to prioritize work programs and staffing needs.

Fiscal Impact:

If approved, the proposed third amendment to this agreement would increase the not-to-exceed limit City of Hermosa Beach Page 3 of 4 Printed on 1/18/2024
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Staff Report
REPORT 24-0007
If approved, the proposed third amendment to this agreement would increase the not-to-exceed limit for Willdan Engineering by $120,000 for a revised total of $295,000 for the remainder of the previously approved contract term ending July 2025. Approximately $75,000 of the $120,000 would be expended in FY 2023-24.

Funding to support any expenditures under these agreements would come from the Building Division contract services account, 001-4201-4201, in the Community Development Department in the General Fund. The City recovers costs through building plan review fees, and there would be no additional General Plan expenditures. Sufficient funds are available to cover the estimated FY 2023- 24 expenditures. The remainder of the contract would be included in the FY 2024-25 Budget.

Agreement Modification Request
Agreement
Current
Authorized
Amount
Modified
Request
Amount
FY 2023-24
Budget
Dept. Account #
Total Revised
Contract
Amount
Willdan Engineering $175,000 $120,000 001-4201-4201 $295,000 Attachments:

1. Proposed Willdan Engineering Third Amendment

2. Agreement with Willdan Engineering

3. Agreement with Willdan Engineering-First Amendment

4. Agreement with Willdan Engineering-Second Amendment

5. Link to October 27, 2020 City Council Meeting

6. Link to August 9, 2022 City Council Meeting

7. Link to November 29, 2022 City Council Meeting
Respectfully Submitted by: Guillermo Hobelman, Building and Code Enforcement Official Concur: Carrie Tai, Community Development Director
Noted for Fiscal Impact: Viki Copeland, Finance Director Legal Review: Patrick Donegan, City Attorney
Approved: Suja Lowenthal, City Manager
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THIRD AMENDMENT TO AGREEMENT BETWEEN THE CITY OF HERMOSA BEACH AND

WILLDAN ENGINEERING TO PROVIDE STAFF AUGMENTATION
This Third Amendment to the Agreement for Professional Services to provide Staff Augmentation (“Third Amendment”) is entered into by and between the City of Hermosa Beach, a municipal corporation (“City”) and Willdan Engineering. (“CONSULTANT”) as of January 23, 2024.

RECITALS
A. On July 20, 2022 the City entered into an agreement with Consultant to provide staff augmentation (“Agreement”) for a term of three years and a not-to-exceed amount of $30,000.

B. On August 9, 2022 the City Council and Consultant executed a first amendment to the Agreement to increase the not-to-exceed limit by $45,000, for a total not-to-exceed amount of $75,000.

C. On November 29, 2022 the City Council and Consultant executed a second amendment to the Agreement and increased the not-to-exceed limit by $100,000, for a total not-to-exceed amount of $175,000, and mutually agreed to modify the rate sheet to include an hourly rate of $205.00 per hour for Community Development Director.

D. To address the ongoing need for staff augmentation needs in the department, the parties mutually desire to increase the not-to-exceed limit by $120,000, for a total not-to-exceed amount of $295,000.

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

1. Section 1 is amended to read as follows:

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

As additional consideration, CONSULTANT and CITY agree to abide by the terms and conditions contained in this Agreement. As additional consideration, CITY agrees to pay CONSULTANT a not-to-exceed amount of $295,000 in accordance with the rates listed in FEE SCHEDULE, attached as EXHIBIT B, for CONSULTANT’s services, unless otherwise specified by written amendment to this Agreement.

No additional compensation shall be paid for any other expenses incurred, unless first approved by the City Manager or his/her designee. 825
CONSULTANT shall submit to CITY, by not later than the 10th day of each month, its invoice for services itemizing the fees and costs incurred during the previous DocuSign Envelope ID: C6263BDE-0168-4E97-A19A-A7D6344B4A04 month. CITY shall pay CONSULTANT all uncontested amounts set forth in CONSULTANT’s invoice within 30 days after it is received. Except as modified above, the Agreement and each and every term and provision thereof remain in full force and effect. Except as above modified, in all other respects the Agreement is hereby reaffirmed in full force and effect.

IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment on the 23rd day of January, 2024.

CITY OF HERMOSA BEACH CONSULTANT
Justin Massey, Mayor Vanessa Munoz, President
ATTEST: APPROVED AS TO FORM:

Myra Maravilla, City Clerk Patrick Donegan, City Attorney 826
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FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF HERMOSA BEACH AND

WILLDAN ENGINEERING TO PROVIDE STAFF AUGMENTATION
THIS FIRST AMENDMENT TO AGREEMENT TO PROVIDE STAFF AUGMENTATION ("First Amendment") is made and entered into this 9th day of August 2022, by and between the City of Hermosa Beach, a municipal corporation ("City'') and Willdan Engineering ("Consultant”).

RECITALS
A. City entered into an agreement with Consultant to provide staff augmentation ("Agreement") for a term of three years and a not-toexceed amount of $30,000.

B. To ensure the ability to quickly meet temporary staffing needs that may arise during the contract term, the parties mutually desire to increase the not-to-exceed limit by $45,000.

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

1. Section 1 is amended to read as follows:

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

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

As additional consideration, CITY agrees to pay CONSULTANT a not-to-exceed amount of $75,000 in accordance with the rates listed in FEE SCHEDULE, attached as EXHIBIT B, for CONSULTANT’s services, unless otherwise specified by written amendment to this Agreement.

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

CONSULTANT shall submit to CITY, by not later than the 10th day of each month, its invoice for services itemizing the fees and costs incurred during the previous month. CITY shall pay CONSULTANT all uncontested amounts set forth in CONSULTANT’s invoice within 30 days after it is received. Except as modified above, the Agreement and each and every term and provision thereof remain in full force and
effect.

DocuSign Envelope ID: 695ED86A-F5AF-4020-B3DF-B4F69D874E7A 838
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment on the 9th day of August, 2022.

CITY OF HERMOSA BEACH WILLDAN ENGINEERING
By: _______________________________ By: ________________________________ Michael Detoy, MAYOR Vanessa Munoz, President

APPROVED AS TO FORM ATTEST
By: _______________________________ By: ________________________________ Michael Jenkins, CITY ATTORNEY Myra Maravilla, CITY CLERK DocuSign Envelope ID: 695ED86A-F5AF-4020-B3DF-B4F69D874E7A 839

SECOND AMENDMENT TO AGREEMENT BETWEEN THE CITY OF HERMOSA BEACH

AND WILLDAN ENGINEERING TO PROVIDE STAFF AUGMENTATION

THIS SECOND AMENDMENT TO AGREEMENT TO PROVIDE STAFF AUGMENTATION ("Second Amendment") is made and entered into this 29th day of November 2022, by and between the City of Hermosa Beach, a municipal corporation ("City'') and Willdan Engineering ("Consultant”).

RECITALS
A. City entered into an agreement with Consultant to provide staff augmentation ("Agreement") for a term of three years and a not-to-exceed amount of $30,000.

B. On August 9, 2022 the City Council and Consultant executed a first amendment to the Agreement to increase the not-to-exceed limit by $45,000.

C. To address current temporary staffing needs in the department, the parties mutually desire to modify the rate sheet to include an hourly rate of $205.00 per hour for Community Development Director and to increase the not-toexceed limit by $100,000.

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

1. Section 1 is amended to read as follows:

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

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

As additional consideration, CITY agrees to pay CONSULTANT a not-to-exceed amount of $175,000 in accordance with the rates listed in FEE SCHEDULE, attached as EXHIBIT B, for CONSULTANT’s services, unless otherwise specified by written amendment to this Agreement.

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

CONSULTANT shall submit to CITY, by not later than the 10th day of each month, its invoice for services itemizing the fees and costs incurred during the previous DocuSign Envelope ID: C6263BDE-0168-4E97-A19A-A7D6344B4A04 840
month. CITY shall pay CONSULTANT all uncontested amounts set forth in CONSULTANT’s invoice within 30 days after it is received. Except as modified above, the Agreement and each and every term and provision thereof remain in full force and effect.

IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment on the 29th day of November, 2022.

CITY OF HERMOSA BEACH WILLDAN ENGINEERING
By: _______________________________ By: ________________________________ Raymond A. Jackson, MAYOR Vanessa Munoz, President

APPROVED AS TO FORM ATTEST
By: _______________________________ By: ________________________________ Patrick Donegan, CITY ATTORNEY Myra Maravilla, CITY CLERK DocuSign Envelope ID: C6263BDE-0168-4E97-A19A-A7D6344B4A04 841

EXHIBIT B
Fee Schedule
Service Provided Hourly Rate
Community Development Director $205/hour
Building Official $155/hour
Plan Check Engineer/Architect $135/hour
ICC Certified Plans Examiner $125/hour
Building Inspection $ 95/hour
CASp Plan Review/Inspection $125/hour
Permit Technician $ 75/hour
Senior Permit Technician $ 85/hour
DocuSign Envelope ID: C6263BDE-0168-4E97-A19A-A7D6344B4A04 842
City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
REPORT 24-0037
Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of January 23, 2024

DISCUSSION REGARDING THE FEES FOR CONDITIONAL USE PERMITS (CUP) AND

AMENDMENTS TO ENTITLEMENTS FOR OUTDOOR DINING
(Community Development Director Carrie Tai)
Recommended Action:

Staff recommends City Council discuss and provide direction regarding whether the current Conditional Use Permit (CUP) fees should be maintained or updated.

Executive Summary:

Staff received inquiries from the business community regarding the application fees to amend a Conditional Use Permit (CUP). The current fee to amend an entitlement, including CUPs, is $5,197.

The cost for a new CUP application is $5,900. Considering the recent inquiries, and the relatively small difference of $703 in cost between the two application types, staff initiated a review of the subject application fees to provide the City Council with an opportunity to discuss whether to initiate an amendment to the master fee schedule to adjust the fees.

Background:

Fees and associated charges are established for the purpose of recovering the cost of providing services. Pursuant to the Hermosa Beach Municipal Code (HBMC) Chapter 2.64, it is the intent of the City Council to require the ascertainment and recovery of costs reasonably borne from fees and charges levied in providing regulation, products, or services. The costs reasonably borne by the City consist of the following:

A. All applicable direct costs including, but not limited to salaries, wages, fringe benefits, services and supplies, operations expenses, contracted services, special supplies, and any other direct expense incurred;
B. All applicable indirect costs including, but not restricted to, building maintenance and operations, equipment maintenance, communication, printing and reproduction, and like distributed expenses;
C. Fixed assets recovery expenses, consisting of depreciation on fixed assets, and City of Hermosa Beach Page 1 of 5 Printed on 1/18/2024
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REPORT 24-0037
C. Fixed assets recovery expenses, consisting of depreciation on fixed assets, and additional charges, calculated on the cost divided by the approximate life expectancy of the fixed asset;
D. General overhead, expressed as a percentage, distributing and charging the expenses of the city <http://online.encodeplus.com/regs/hermosabeach-ca/doc-view.aspx? pn=0&ajax=0&secid=18> council <http://online.encodeplus.com/regs/hermosabeachca/doc-view.aspx?pn=0&ajax=0&secid=21>, city manager, finance department, city treasurer, city clerk, city attorney’s office, community promotion, personnel office, and all other staff and support services; and
E. Departmental overhead, expressed as a percentage, distributing, and charging the cost of each department head and his or her supporting expenses.

Fee studies consist of evaluating the time spent on a requested service, such as application review, and accounting for the staff and City overhead cost. Since the last comprehensive study for fees was adopted by the City Council on September 27, 2016, fees have been adjusted annually in December based on the Consumer Price Index (CPI) for Los Angeles, Long Beach, and Anaheim (Attachment 1).

Following the end of the COVID-19 pandemic response in February 2023, staff transmitted three notices to businesses announcing that temporary outdoor dining and retail areas would need to be removed, or applications submitted to legalize them permanently. The timing of these notices was coordinated with a similar effort for businesses operating on public property (Pier Plaza and on-street areas).

Staff identified 10 businesses requiring the CUP amendment. At the time this report was drafted 4 of the 10 businesses filed an application for a CUP amendment and paid the required filing fee. CUP Amendments are necessary when a business holds a CUP and seeks to amend its alcohol service area to reflect an expansion. The review of the CUP fees was initiated in response to businesses on private property seeking to convert its COVID-era temporary outdoor areas to permanent installations.

Past Council Actions
Meeting Date Description
September 27, 2016 City Council adopted 2016 Master Fee Schedule Update Discussion:

The current fee for an entitlement amendment, including CUPs, is $5,197. The cost of a new application is $5,900 (Attachment 2). Given the difference of $703 between a new CUP and an amendment, staff initiated a review of the fees. The City’s policy is to update user fees at least every five years to ensure cost recovery and subsidy levels are correct and to ensure the fees accurately City of Hermosa Beach Page 2 of 5 Printed on 1/18/2024
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REPORT 24-0037
five years to ensure cost recovery and subsidy levels are correct and to ensure the fees accurately reflect City processes. Staff’s review consisted of reassessing the time inputs for the cost detail worksheets, prepared in 2016, with current processes and examined the CUP charged by adjacent cities (Attachment 3). Staff plans to conclude an update of the user fee study (cost of services study) by June 2024.

The following table summarizes the staff time spent on CUP and CUP amendment applications.

Upon review, staff determined that the unit times do not reflect current City processes. Specifically, review time for both Police and Building and Safety staff is not included by the fees collected for CUP and CUP amendments. Staff finds that any update to the current fees would be expected to result in some increase unless the City Council elected to subsidize the fee charged for these application types.

Summary of Detailed Review Time by Current Review Procedures Department Position Unit Time
New CUP CUP Amendment
Police Police Lieutenant 0.5 Not Included
Fire Fire Captain/Fire Marshal 0.5 0.75
Building & Safety Bldg. & Code Enfor. Official Not Included Not Included Planning Administrative Assistant 3.0 3.0
Planning Bldg. & Planning Tech.1.67 1.67
Planning Com Dev Director 3.83 3.33
Planning Senior/Assoc/Asst Planner 21.58 20.58
Public Works Admin Assoc/Asst Engineer 1.0 1.0
Staff reviewed application fees charged by other southern California cities and summarized them below.

CUP Fees by City
City New CUP Fee CUP Amendment Fee
El Segundo $17,246 -
Santa Monica $8,374 (alcohol) $6,716
$16,667.43 (all other)
Manhattan Beach $11,294 $7,662
Torrance $6,201 $6,307
Hermosa Beach $5,900 $5,197
Hawthorne $4,300 -
Redondo Beach $3,208 $1,605
Of the cities surveyed, the fees for Hermosa Beach fall within the average to low end of the range.

The fee charged for new CUPs is approximately $2,124 less than the average and the amendment fee is comparable to the average. Staff finds that the CUP fees should be updated to reflect the City of Hermosa Beach Page 3 of 5 Printed on 1/18/2024
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REPORT 24-0037
fee is comparable to the average. Staff finds that the CUP fees should be updated to reflect the current processes and acknowledges that this would likely result in an increase to fees if the City were to achieve 100 percent cost recovery. Past user fee studies adopted by City Council were set to recover 100 percent of costs for these fees. Typically, services that benefit the community as a whole are supported by tax dollars and services that benefit an individual or group are set to recover the cost of the services offered. If set to less than 100%, the amount subsidized is paid by the general taxpayer.

City Council is tasked with balancing a range of priorities which includes being fiscally responsible and supporting business community. The City Council could choose to pursue less than 100 percent cost recovery for certain applications by amending the Master Fee Schedule to reflect a subsidized application fee.

If the Council finds that subsidizing the applications is desired, staff recommends City Council direct staff to return with a new CUP Amendment fee specific to the legalization of COVID-era outdoor dining and retail spaces permitted by the City. This would provide a select number of businesses with the benefit of a reduced application fee, while businesses who no longer operate COVID-era outdoor spaces would not be eligible. Additionally, staff requests City Council provide direction on whether the City will refund any difference in application fees to businesses who already submitted applications.

General Plan Consistency:

This report and associated recommendation have been evaluated for their consistency with PLAN Hermosa, the City’s General Plan, was adopted by the City Council in August 2017. The review of the application fees aligns with the guiding principles of the General Plan which seeks to achieve the vision of PLAN Hermosa by taking actions that help to contribute to the economic and fiscal stability of the city. Relevant General 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.
· 1.2 Strategic planning. Regularly discuss and set priorities at the City Council and management level to prioritize work programs and staffing needs. · 1.6 Long-term considerations. Prioritize decisions that provide long-term community benefit and discourage decisions that provide short-term community benefits but reduce long-term opportunities.

Fiscal Impact:

There is no fiscal impact related to the recommended action. However, depending on City Council direction, staff would evaluate any fiscal impacts to the General Fund.

City of Hermosa Beach Page 4 of 5 Printed on 1/18/2024
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Staff Report
REPORT 24-0037
Attachments:

1. Link to September 27, 2016 City Council

2. 2023-2024 Master Fee Schedule

3. CUP Fee Study Worksheets
Respectfully Submitted by: Alexis Oropeza, Planning Manager Concur: Carrie Tai, Community Development Director
Noted for Fiscal Impact: Viki Copeland, Finance Director Legal Review: Patrick Donegan, City Attorney
Approved: Suja Lowenthal, City Manager
City of Hermosa Beach Page 5 of 5 Printed on 1/18/2024
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MASTER FEE SCHEDULE

EXHIBIT A
REF # Service Title Legal Authority Account
Number Fees Effective 12/1/22 Fees Effective 12/1/23
S-001 CONDITIONAL USE PERMIT - COMM/OTHER** Res 84-4735 001-3812 $5,717 per application $5,900 per application S-002 CONDITIONAL USE PERMIT - FENCE/WALL** HBMC 17.46 001-3864 $2,474 per application $2,553 per application S-003 CONDO - CUP/PDP** 84-4735 001-3899 $5,937 per application plus $220 per unit over 2 units
$6,127 per application plus $227 per unit
over 2 units
MINOR CONDITIONAL USE PERMIT** Res 20-7256 001-6886 $2,489 per application $2,569 per application S-004 PRECISE DEVELOPMENT PLAN** Res 90-5351 001-3867
Commercial/Mixed Use- $6,244 per
application
Residential- $5,937 per application
Commercial/Mixed Use- $6,444 per
application
Residential- $6,127 per application
S-004A PRECISE DEVELOPMENT PLAN- COASTAL ZONE
PERMIT ** Res 16-7045 001-3867
Administrative Permit alone- $604 per
application
Administrative Permit with another
application- $302
Plus $4,502 if hearing is required.

Administrative Permit alone- $623 per
application
Administrative Permit with another
application- $312
Plus $4,646 if hearing is required.

S-005 TEXT AMENDMENT** Res 16-7045 001-3886 $6,672 per application $6,885 per application S-006 ZONE CHANGE** 84-4735 001-3811 $4,765 per application $4,917 per application S-007 VARIANCE** HBMC 17.46 001-3808 $4,406 per application $4,547 per application S-008 SIGN VARIANCE** HBMC 17.46 001-6802 $3,146 per application $3,247 per application S-009 PARKING PLAN** Res 85-4884 001-3857 $5,275 per application $5,444 per application S-010 AMENDMENT TO PLANNING ENTITLEMENT** Res 84-4735/ Res 93-5634 001-3805 $5,036 per application $5,197 per application S-011 TIME EXTENSION ** Res 16-7045 001-3883 $1,159 per application $1,196 per application S-012 TENTATIVE MAP** HBMC 17.46 001-3809 $5,501 per map $5,677 per map S-013 FINAL MAP** Res 84-4735 001-3810 $825 per map $851 per map S-014 LOT LINE ADJUSTMENT** Res 88-5144 001-3884
Applicant Requested - $3,443 per
application
Condition of Approval or Combining Lots -
$478 per application
Applicant Requested - $3,553 per
application
Condition of Approval or Combining Lots -
$493 per application

DEVELOPMENT SERVICES USER FEES
1 848

MASTER FEE SCHEDULE

EXHIBIT A
REF # Service Title Legal Authority Account
Number Fees Effective 12/1/22 Fees Effective 12/1/23
S-015 GENERAL PLAN AMENDMENT - TEXT** Res 84-4735 001-6803 $6,095 per application or deposit
determined by staff with charges at the fully
allocated hourly rates for all personnel
involved plus any outside costs.
$6,290 per application or deposit
determined by staff with charges at the fully
allocated hourly rates for all personnel
involved plus any outside costs.

S-016 GENERAL PLAN AMENDMENT - MAP** Res 84-4735 001-6803 $4,528 per application $4,673 per application S-017 MURAL REVIEW** Res 16-7045/ 20-
7256 001-6801 $545 per application. $562 per application.

S-018 TEMPORARY USE PERMIT** Res 16-7045 001-6804 $555 per application $573 per application S-019 SLOPE/GRADE HEIGHT DETERMINATION** Res 16-7045 001-3888 $3,325 per application $3,431 per application S-020 HEIGHT LIMIT EXCEPTION** Res 92-5577 001-3898 $4,628 per application $4,776 per application S-021 LEGAL DETERMINATION** Res 16-7045 001-3870 $4,735 per application $4,887 per application S-022 UNUSUAL ARCHITECTURAL/BUILDING REVIEW** Res 16-7045 001-6805 $2,864 per application $2,956 per application S-023 DETERMINATION OF SIMILAR USE** Res 16-7045 001-6806 $2,316 per application
50% of this fee would be credited towards
future code text amendment fees related to
the same project.
$2,390 per application
50% of this fee would be credited towards
future code text amendment fees related to
the same project.

S-024 PLANNING COMMISSION INTERPRETATION** Res 16-7045 001-6807 $1,750 per application $1,806 per application S-025 REQUEST FOR REASONABLE ACCOMODATION** Res 16-7045 001-6808 $1,052 per application $1,086 per application S-026 CATEGORICAL EXEMPTION** Res 16-7045 001-6809 $220 per application $227 per application S-027 INITIAL STUDY/NEGATIVE DECLARATION** 84-4735 001-3803 $3,997 per application $4,125 per application S-028 RECIRCULATED NEGATIVE DECLARATION** Res 16-7045 001-3803 $2,479 per application $2,558 per application S-029 ENVIRONMENTAL IMPACT REPORT REVIEW Res 16-7045 001-2110 Deposit determined by staff with charges at
the fully allocated hourly rates for all
personnel involved plus any outside costs.

Deposit determined by staff with charges at
the fully allocated hourly rates for all
personnel involved plus any outside costs.

S-030 PLANNING SIGN PERMIT** Ord 77-574 001-3802 $749 per application $773 per application S-030A PLANNING A-FRAME SIGN PERMIT** Res 16-7045 001-3239 New-$190 per application Annual Renewal- $114 per renewal
New-$196 per application
Annual Renewal- $118 per renewal
S-031 MASTER SIGN PROGRAM** Ord 77-574 001-3802 $775 per application $800 per application S-032 TEMPORARY SIGN PERMIT** Res 16-7045 001-3215 $100 per application $103 per application 2 849

MASTER FEE SCHEDULE

EXHIBIT A
REF # Service Title Legal Authority Account
Number Fees Effective 12/1/22 Fees Effective 12/1/23
MINOR PLANNING SIGN REVIEW** Res 20-7256 001-6887 $137 per application $141 per application S-033 ADMINISTRATIVE USE PERMIT** Res 10-6718 001-3226
$585 per application
Temp Minor Special Event (Expedited 3
Day Review)- 200% x fee.
$604 per application
Temp Minor Special Event (Expedited 3
Day Review)- 200% x fee.

S-034 ADMIN PERMIT - ABANDON CUP** Res 10-6722 001-3859 $756 per application $780 per application S-035 DEED RESTRICTION/COVENANT REVIEW** Res 16-7045 001-6810 $806 per application $832 per application S-036 DEVELOPMENT AGREEMENT Res 16-7045 001-2110
Deposit determined by staff with charges at
the fully allocated hourly rates for all
personnel involved plus any outside costs.

Deposit determined by staff with charges at
the fully allocated hourly rates for all
personnel involved plus any outside costs.

S-037 LANDSCAPE PLAN REVIEW** Res 16-7045 001-6811 $347 per application $358 per application S-038 PLANNING LANDSCAPE DOC PACKAGE REV** Res 16-7045 001-6812 $649 per application $670 per application S-039 APPEAL TO THE PLANNING COMMISSION** Res 16-7045 001-6820 $2,997 per appeal $3,093 per appeal S-040 APPEAL TO THE CITY COUNCIL** Res 16-7045/
Exec Order
001-3891
001-3890
001-3856
001-1121-4323
(advertising)
001-3825
(poster)
$2,054 per appeal plus:

Second Noticing:

Residential:

Second Notice 300' Radius $284
Legal Ad $190
Poster $213
Total: $687
Non-Residential:

Second Notice 500' Radius $630
Legal Ad $190
Poster $213
Total: $1,033
$2,120 per appeal plus:

Second Noticing:

Residential:

Second Notice 300' Radius $293
Legal Ad $196
Poster $220
Total: $709
Non-Residential:

Second Notice 500' Radius $650
Legal Ad $196
Poster $220
Total: $1,066
S-041 PRELIMINARY PLAN REVIEW** Res 16-7045 001-6813
$152 per meeting
This fee will credited against future fees for
a consistent project.
$157 per meeting
This fee will credited against future fees for
a consistent project.

S-042 EXTRA MEETING** Res 16-7045 001-6814 $737 per meeting $761 per meeting S-043 SPECIAL MEETING** Res 16-7045 001-6815 $1,524 per meeting $1,573 per meeting S-044 TRAFFIC/SPECIAL STUDY REVIEW Res 16-7045 001-6816 Deposit determined by staff with charges at
the fully allocated hourly rates for all
personnel involved plus any outside costs.

Deposit determined by staff with charges at
the fully allocated hourly rates for all
personnel involved plus any outside costs.
3 850

MASTER FEE SCHEDULE

EXHIBIT A
REF # Service Title Legal Authority Account
Number Fees Effective 12/1/22 Fees Effective 12/1/23
S-045 EXTRA PLAN REVIEW Res 16-7045 001-6817
Actual charges at the fully allocated hourly
rates for all personnel involved plus any
outside costs.

Actual charges at the fully allocated hourly
rates for all personnel involved plus any
outside costs.

S-046 ZONING LETTER** Res 16-7045 001-3895 $226 per letter $233 per letter S-047 NEW/MODIFIED BUSINESS ZONING REVIEW** Res 16-7045 001-6818 $75 per business $77 per business 001-3868
001-3890
300 foot radius:

First Notice - $950
Second Notice - $284
300 foot radius:

First Notice - $980
Second Notice - $293
001-3824
001-3856
500 foot radius:

First Notice - $1,579
Second Notice - $630
500 foot radius:

First Notice - $1,630
Second Notice - $650
Res 78-4239 001-3825
Poster - $213
Enhanced Noticing/Outreach- Actual Cost
Legal Ad (Easy Reader)- $181
Poster - $220
Enhanced Noticing/Outreach- Actual Cost
Legal Ad (Easy Reader)- $187
S-049 GENERAL PLAN MAINTENANCE** Res 16-7045 001-3804
$3 per $1,000 building permit valuation
This fee is applied to all residential and
commercial construction with a valuation of
$100,000 or more per site/project.
$3 per $1,000 building permit valuation
This fee is applied to all residential and
commercial construction with a valuation of
$100,000 or more per site/project.

S-049A RECORDS TECHNOLOGY SYSTEM Res 16-7045 001-6866 7% of all Building Permit Plan Check fees, Planning fees, and Engineering Fees.
7% of all Building Permit Plan Check fees,
Planning fees, and Engineering Fees.

S-050 HISTORIC RESOURCE REVIEW** Res 16-7045 001-6819
Minor Certification - $957
Major Certification - $2,594
Nomination - $2,971
Removal - $4,943
Waiver of 90% of fees available (limited to
2 waivers per fiscal year)
Minor Certification - $988
Major Certification - $2,677
Nomination - $3,066
Removal - $5,101
Waiver of 90% of fees available (limited to
2 waivers per fiscal year)
Permit fees are calculated based on the
construction valuation of the project as
provided in Table 3-A (see Exhibit B, page
26) Plan Check fees are 80% of the
Building Permit Fee.

The valuation for new construction will be
increased using the Engineering News
Record Construction Cost Index, applied to
square footage table in permit software.
which will bring the costs current.

Expedited plan check fee is 150% of the
standard plan check fee.

Permit fees are calculated based on the
construction valuation of the project as
provided in Table 3-A (see Exhibit B, page
26) Plan Check fees are 80% of the
Building Permit Fee.

The valuation for new construction will be
increased using the Engineering News
Record Construction Cost Index, applied to
square footage table in permit software.
which will bring the costs current.

Expedited plan check fee is 150% of the
standard plan check fee.

See Exhibit C, for individual plumbing,
mechanical, and electrical fees. These
Fees are increased by the CPI Index
starting 9/1/13
See Exhibit C, for individual plumbing,
mechanical, and electrical fees. These
Fees are increased by the CPI Index
starting 9/1/13
001-3204
building
permits. See
Exhibit C for
Plumbing/
Mechanical/
Electrical
Permit
accounts +
plan check
when required
001-3813
HBMC 15.04/
HBMC 15.16/
HBMC 15.12/
HBMC 15.32

BUILDING PERMIT OR PLAN CHECK/INSPECTION
S-048 PUBLIC NOTICING**
Res 16-7045
S-051
4 851

MASTER FEE SCHEDULE

EXHIBIT A
REF # Service Title Legal Authority Account
Number Fees Effective 12/1/22 Fees Effective 12/1/23
S-052 SOLAR PLAN CHECK/INSPECTION** Res 16-7045 001-6821 $679 per system Residential Solar: 1-15kW: $450, with
anything over 15kW is an additional $15
per additional 1kW
Commercial Solar: 1-50kW: $701, with
anything over 50kW is an additional $7 per
additional 1kW
S-053 TEMPORARY CERTIFICATE OF OCCUPANCY** Res 16-7045 001-6822 $75 per application $77 per application S-054 DAMAGED BUILDING INSPECTION** Res 16-7045 001-6823 $100 per inspection $103 per inspection S-055 EXTENDED CONSTRUCTION HOURS REVIEW** Res 16-7045 001-6824 $125 per application $129 per application S-056 OCCUPANT LOAD REVIEW** Res 16-7045 001-3204 $1,405 per application $1,450 per application S-057 BUILDING ADDRESS CHANGE** Res 16-7045 001-3817 $284 per address $293 per address S-058 RESIDENTIAL BUILDING REPORT/INSPECT** Res 84-4736 001-3801 $289 per building $298 per building S-059 APPEAL TO BOARD OF APPEALS** Ord N.S. 508 001-3806 $1,737 per appeal $1,793 per appeal S-059A USE OF ALTERNATE MAT'L/METHODS ** Res 16-7045 001-6868 $213 per review $220 per review S-061 CLEAN BAY RESTAURANT-NPDES INSPECT** Res 16-7045 001-6825 $251 per annual inspection- Clean Bay
Restaurant
$40 per annual inspection- Grease Control
Device
$259 per annual inspection- Clean Bay
Restaurant
$41 per annual inspection- Grease Control
Device
S-062 LIGHT INDUSTRY-NPDES INSPECTION** Res 16-7045 001-6826 $251 per inspection (2 inspections in 5 years)
$259 per inspection (2 inspections in 5
years)
S-063 STORMWATER MITIGATION PLAN REVIEW** Res 16-7045 001-6827 $604 per application
If contract services are used, charge the
actual cost of the contract services.
$623 per application
If contract services are used, charge the
actual cost of the contract services.

S-064 PUBLIC IMPROVEMENT PLAN CHECK** Res 16-7045 001-6828 Single Family Residence/Multi Family
Residence/Commercial- $1,367 per plan
plus $226 per each additional dwelling unit
up to 4 units.

Multi Family Residential over 4 dwelling
units/Other- Deposit determined by staff
(minimum of $2,500) with charges at the
fully allocated hourly rates for all personnel
involved plus any outside costs.

Single Family Residence/Multi Family
Residence/Commercial- $1,411 per plan
plus $233 per each additional dwelling unit
up to 4 units.

Multi Family Residential over 4 dwelling
units/Other- Deposit determined by staff
(minimum of $2,500) with charges at the
fully allocated hourly rates for all personnel
involved plus any outside costs.

S-065 STREET/ROW VACATION REVIEW Res 16-7045 001-6829
Deposit determined by staff with charges at
the fully allocated hourly rates for all
personnel involved plus any outside costs.

Deposit determined by staff with charges at
the fully allocated hourly rates for all
personnel involved plus any outside costs.
5 852

MASTER FEE SCHEDULE

EXHIBIT A
REF # Service Title Legal Authority Account
Number Fees Effective 12/1/22 Fees Effective 12/1/23
S-066 ENGINEERING STUDY REVIEW Res 16-7045 001-6830
Deposit determined by staff with charges at
the fully allocated hourly rates for all
personnel involved plus any outside costs.

Stop Sign or Traffic Review Resident
Requests - No charge for the first review.

For any review within two years of the last
review charge full costs of the review.

Fee Cushion Installation-No Charge
Speed Cushion Removal- Actual Costs
Deposit determined by staff with charges at
the fully allocated hourly rates for all
personnel involved plus any outside costs.

Stop Sign or Traffic Review Resident
Requests - No charge for the first review.

For any review within two years of the last
review charge full costs of the review.

Fee Cushion Installation-No Charge
Speed Cushion Removal- Actual Costs
S-067 ASSESSMENT DIST FORMATION RESEARCH Res 16-7045 001-6831 Deposit determined by staff with charges at
the fully allocated hourly rates for all
personnel involved plus any outside costs.

Deposit determined by staff with charges at
the fully allocated hourly rates for all
personnel involved plus any outside costs.

S-068 BLUEPRINT/PLAN SHEET REPRODUCTION ** Res 82-4500 001-3838 $43 per sheet for the first sheet plus $5 per
each additional sheet or actual cost if using
an outside copier.
$44 per sheet for the first sheet plus $5 per
each additional sheet or actual cost if using
an outside copier.

S-069 NON-UTIL STREET EXCAVATION PERMIT** Ord 84-762 001-3831 $761 per permit $785 per permit S-070 UTILITY TRENCH SERVICE CONNECT PERMIT** Ord 84-762/ Res 16-7045 001-3816
0-25 linear feet - $636
25-100 linear feet - $1,114
100+ linear feet - $226 for each additional
150 linear feet
Over 1,000 linear feet- Actual Costs
Utility Infrastructure Work- Actual Costs
0-25 linear feet - $656
25-100 linear feet - $1,150
100+ linear feet - $233 for each additional
150 linear feet
Over 1,000 linear feet- Actual Costs
Utility Infrastructure Work- Actual Costs
S-071 SEWER LATERAL INSTALLATION PERMIT** Dept Policy 160-3832 $675 per permit $697 per permit S-072 SEWER CAP** Dept Policy 160-3829 $152 per permit $157 per permit S-073 MATERIAL STORAGE DROP-OFF PERMIT** Res 79-4303 &
79-4304 001-3815 $251 per permitPermit is valid for one day $259 per permit
Permit is valid for one day
S-074 STAGING RIGHT-OF-WAY PERMIT** Res 79-4303 &
79-4304 001-3815 $251 per permit plus $16 per meter per day Permit is valid for one day
$259 per permit plus $17 per meter per day
Permit is valid for one day
S-075 CRANE RIGHT-OF-WAY PERMIT** Res 79-4303 &
79-4304 001-3815 $251 per permitPermit is valid for one day $259 per permit
Permit is valid for one day
S-076 SCAFFOLDING RIGHT-OF-WAY PERMIT** Res 79-4303 &
79-4304 001-3815 $326 per permit, plus $24 per day after 14 days
$336 per permit, plus $25 per day after 14
days
S-077 TEMPORARY FENCE RIGHT-OF-WAY PERMIT ** Res 79-4303 & 79-4304 001-3815 $251 per permit, plus $16 per day after 14 days $259 per permit, plus $17 per day after 14
days
S-078 VALET PARKING RIGHT-OF-WAY PERMIT** 1771367 001-3815 New/Annual - $213 per permit plus $17 per meter per day
New/Annual - $220 per permit plus $18 per
meter per day
S-079 ROLL-OFF BIN RIGHT-OF-WAY PERMIT** Res 79-4303 &
79-4304 001-3815 $176 per permit
Permit is valid for 14 days
$182 per permit
Permit is valid for 14 days
6 853

MASTER FEE SCHEDULE

EXHIBIT A
REF # Service Title Legal Authority Account
Number Fees Effective 12/1/22 Fees Effective 12/1/23
S-080 PERMANENT ENCROACHMENT PERMIT** Res 88-5202 001-3834 $1,448 per permit $1,494 per permit S-081 OUTDOOR DINING ENCROACHMENT PERMIT** Council Action May 1988 001-3834
A-Frame- $320
Commercial Awning only- $320
Other- $1,242 (Outdoor Dining)
A-Frame- $330
Commercial Awning only- $330
Other- $1,282 (Outdoor Dining)
S-082 NEWSRACK PERMIT** Res 00-6096 001-3219
New - $397 per permit plus $51 per news
rack
Annual - $31 per news rack
New - $410 per permit plus $53 per news
rack
Annual - $32 per news rack
S-083 WIDE/LONG LOAD PERMIT** Res 16-7045 001-3815
Single Trip - $20
Annual Permit - $114
Fees are set by the State
Single Trip - $20
Annual Permit - $114
Fees are set by the State
S-084 TRAFFIC PLAN REVIEW** Res 16-7045 001-6849 $484 per plan or actual costs as determined by City staff
$499 per plan or actual costs as
determined by City staff
S-084A PUBLIC TREE REMOVAL PERMIT** Ord 19-1397 001-6881 $225 per tree $232 per tree S-084B PUBLIC TREE INSTALLATION REVIEW** Res 16-7045 001-6870 $226 per tree $233 per tree S-084C DISABLED PARK SPACE INSTALLION ** Res 16-7045 001-6869 $2,769 per request, with a waiver for those with a household income under $75,000.
$2,858 per request, with a waiver for those
with a household income under $75,000.

S-084D PUBLIC BENCH DEDICATION ** Res 16-7045 001-3903
Bench- $1,466 plus the cost of the bench,
materials ad plaque.

Plaque Replacement- $529 plus the cost of
the plaque and materials.

Remains a Donation.

Bench- $1,513 plus the cost of the bench,
materials ad plaque.

Plaque Replacement- $546 plus the cost of
the plaque and materials.

Remains a Donation.

S-084E EXTRA PLAN CHECK/INSPECTION Res 16-7045 001-3813 Deposit determined by staff with charges at
the fully allocated hourly rates for all
personnel involved plus any outside costs.

Deposit determined by staff with charges at
the fully allocated hourly rates for all
personnel involved plus any outside costs.

WIRELESS ENCROACHMENT PERMIT
APPLICATION Res 20-7266
$2,500.00 per application in the form of a
deposit to be drawn down for actual hours
spent reviewing and processing application
$2,500.00 per application in the form of a
deposit to be drawn down for actual hours
spent reviewing and processing application
SIDEWALK VENDING PERMIT** Res 19-7170 001-6882 $383 Initial Permit $383 Annual Renewal
$395 Initial Permit
$395 Annual Renewal
TOBACCO RETAILER LICENSE** Res 18-7156 001-3880 $474 Initial Application $403 Annual Renewal
$489 Initial Application
$416 Annual Renewal
7 854

MASTER FEE SCHEDULE

EXHIBIT A
REF # Service Title Legal Authority Account
Number Fees Effective 12/1/22 Fees Effective 12/1/23
SHORT TERM VACATION RENTAL** Ord 19-1365 001-6883 $1,980 Initial Permit $1,712 Annual Renewal
$2,043 Initial Permit
$1,767 Annual Renewal
LIMITED LIVE ENTERTAINMENT PERMIT FEE Res 18-7151 001-6874 $280 permit fee $289 permit fee M-1 ZONE LIMITED EVENTS PERMIT** Ord 20-1412 001-6884 $293 application fee $302 application fee COMBINATION FEES PRESENTED AT THE SAME TIME:

HIGHEST FEE 100% OF THE FEE
2ND HIGHEST FEE 50% OF THE FEE
ALL OTHER FEES 25% OF THE FEE

CEQA AND PUBLIC NOTICING FEES ARE EXEMPTED
FIRE FLOW FEE HBMC 15.20.140 180-3912

1. Residential = $.094 per square foot of
net floor area.

2. Non-Residential $0.119 per square foot
of net floor area.

The calculation of floor area shall include
the floor area of all structures including the
main structure and any accessory
structures, including, but not limited to
garages, structural decks, balconies, and
shall be measured from the outside of the
walls or perimeter of said structures. For
new projects, the net floor area shall be
calculated as the total floor area of the new
structure minus any floor area of any
existing legally permitted structures
demolished as part of the new project. For
existing structures that add floor area, the
fee shall be applied to the net increase in
floor area.

1. Residential = $.094 per square foot of
net floor area.

2. Non-Residential $0.119 per square foot
of net floor area.

The calculation of floor area shall include
the floor area of all structures including the
main structure and any accessory
structures, including, but not limited to
garages, structural decks, balconies, and
shall be measured from the outside of the
walls or perimeter of said structures. For
new projects, the net floor area shall be
calculated as the total floor area of the new
structure minus any floor area of any
existing legally permitted structures
demolished as part of the new project. For
existing structures that add floor area, the
fee shall be applied to the net increase in
floor area.

PARKS/REC FACILITY TAX HBMC 3.20.050 125-3116
$8,925. Evaluate for Increase with User
Fee Changes each year - Increase for cost
of living change based on BLS - LA/Long
Beach/ Anaheim CPI for June All Urban
Consumers. Increase was 8.6% for June
2022.
$9,148. Evaluate for Increase with User
Fee Changes each year - Increase for cost
of living change based on BLS - LA/Long
Beach/ Anaheim CPI for June All Urban
Consumers. Increase was 2.5% for June
2023.

PARKS/REC IN LIEU FEE Res 86-849 125-3910
$14,096. Per condominium unit. Parks/Rec
Facility Tax credit(s) are applied if a
previous dwelling unit(s) existed, not to
exceed the new dwelling unit(s) total.
$14,096. Per condominium unit. Parks/Rec
Facility Tax credit(s) are applied if a
previous dwelling unit(s) existed, not to
exceed the new dwelling unit(s) total.

OTHER DEVELOPMENT FEES (INFORMATION ONLY)

PARKS/REC FACILITY TAX (INFORMATION ONLY)
8 855

MASTER FEE SCHEDULE

EXHIBIT A
REF # Service Title Legal Authority Account
Number Fees Effective 12/1/22 Fees Effective 12/1/23
S-085 POLICE FALSE ALARM RESPONSE** HBMC 8.24 001-3863
3 free responses in a calendar year
Each subsequent response:

Burglary Alarm - $111
Robbery Alarm - $314
3 free responses in a calendar year
Each subsequent response:

Burglary Alarm - $115
Robbery Alarm - $324
S-086 POLICE ALARM PERMIT** HBMC 8.24 001-3862 New/Annual - $22 per permit New/Annual - $23 per permit S-087 DUI COLLISION RESPONSE Res 16-7045 001-6832
Charge the fully allocated hourly rate for all
emergency personnel responding, not to
exceed $12,000 per incident by State law.

Charge the fully allocated hourly rate for all
emergency personnel responding, not to
exceed $12,000 per incident by State law.

S-087A LOUD PARTY RESPONSE Res 16-7045 001-3869 First Response in an evening- No Charge Each Subsequent Response- Actual Cost
First Response in an evening- No Charge
Each Subsequent Response- Actual Cost
S-088 VEHICLE IMPOUND RELEASE** Council Action
8/85 001-3841 $259 per vehicle $267 per vehicle
S-088A IMPOUND RELEASE OF BICYCLES, SCOOTERS,
& OTHER WHEELED MOBILITY DEVICES ** Res 18-7142 001-6873 $158 $163 S-089 VEHICLE IDENTIFICATION VERIFICATION Res 16-7045 001-6833 This service is no longer provided. This service is no longer provided.

S-090 CITATION SIGN-OFF ** Res 16-7045 001-6834 Resident - No Charge Non-Resident - $56 per citation
Resident - No Charge
Non-Resident - $58 per citation
S-091 VEHICLE REPOSSESSION AB1972-Jan 94 001-3818 $15 per vehicle This fee is set by the State
$15 per vehicle
This fee is set by the State
S-092 BOOKING PROCESSING** Res 16-7045 001-3301 $420 per booking $433 per booking S-093 TAXICAB INSPECTION** Res 16-7045 001-6835
First Inspection - No Charge (part of
franchise fee)
Subsequent Inspection - $65
One Day Taxicab Franchise Fee - $43
First Inspection - No Charge (part of
franchise fee)
Subsequent Inspection - $67
One Day Taxicab Franchise Fee - $44
S-094 POLICE BUSINESS BACKGROUND CHECK** Res 16-7045 001-6836 $320 per application plus any state fees $330 per application plus any state fees S-095 CONCEALED WEAPONS PERMIT Res 16-7045 001-3228
Fees are set by the State (Penal Code
sec 12054):

New Application - $100 ($20 collected upon
application and the balance collected if the
license is issued.)
Renewal - $25
Amended - $10
Psychological testing costs are to be added
to the above fees up to $150
State background check fees are to be
added to the above fees
Fees are set by the State (Penal Code
sec 12054):

New Application - $100 ($20 collected upon
application and the balance collected if the
license is issued.)
Renewal - $25
Amended - $10
Psychological testing costs are to be added
to the above fees up to $150
State background check fees are to be
added to the above fees

PUBLIC SAFETY SERVICES USER FEES
Effective 12/31/2017, fire inspection and permit services are performed by Los Angeles County Fire Department and fees are collected by the County per the Los Angeles County Fee Schedule.
9 856

MASTER FEE SCHEDULE

EXHIBIT A
REF # Service Title Legal Authority Account
Number Fees Effective 12/1/22 Fees Effective 12/1/23
S-096 VERIFICATION/CLEARANCE FORM/LETTER** CC Action 8/85 001-3818 $207 per letter $214 per letter S-097 AMPLIFIED SOUND PERMIT** HBMC 9.28.020 001-3214 $195 per permit $201 per permit S-098 BLOCK PARTY PERMIT** HBMC 9.28.020 001-3214 $232 per permit $239 per permit S-099 NON-RESIDENT BABY SEAT INSPECTION N/A N/A This service is no longer provided. This service is no longer provided.

S-100 PRIVATE SPECIAL EVENT PERMIT (In the Public
right-of-way)** Res 16-7045 001-3229
Event in the Public Right-of-Way- $684 per
application.

Residential Private Event- $875 per
application plus $500 deposit.

Event in the Public Right-of-Way- $684 per
application.

Residential Private Event- $875 per
application plus $500 deposit.

S-101 POLICE REPORT REPRODUCTION Govt Code
Section 6253 001-3818 $0.20 per copy $0.20 per copy
S-102 POLICE AUDIO/VIDEO/DVD COPY ** Res 16-7045 001-3818 $17 per disk/tape $18 per disk/tape S-103 POLICE PHOTO REPRODUCTION ** Dept Policy 001-3818 $17 per photograph or disk/device $18 per photograph or disk/device S-103A FINGERPRINTING ON REQUEST ** Res 16-7045 001-3818 $31 per Scan $32 per Scan HBMC 6.08.050 001-3202 Dog License:

Spayed/Neutered - $25 Other - $106
Dog License:

Spayed/Neutered - $26 Other - $109
HBMC 6.12.010 001-3202
Cat License:

Spayed/Neutered - $14 Other - $34
Lost Tag - $6
Change Owner: Spayed Neutered - $14
Other - $34
Cat License:

Spayed/Neutered - $14 Other - $35
Lost Tag - $6
Change Owner: Spayed Neutered - $14
Other - $35
HBMC 6.04.050-
060 001-3212 Animal/Fowl Permit - $105 Animal/Fowl Permit - $108 HBMC

6.04-070 001-3212 Animal/Fowl Appeal - $105 Animal/Fowl Appeal - $108 S-105 ANIMAL RELEASE REDEMPTION ** HBMC 6.08.130 001-3213 First Offense - $60
Second Offense - $133
Third and Subsequent Response - $224
First Offense - $61
Second Offense - $137
Third and Subsequent Response - $231
S-106 DECEASED ANIMAL PICK-UP ** Res 16-7045 001-6837 $70 per animal $72 per animal S-107 ANIMAL TRAP RENTAL Res 16-7045 001-6838 This service is no longer provided. This service is no longer provided.

S-108 PET HOME QUARANTINE REVIEW ** Res 16-7045 001-6839 $70 per animal $72 per animal S-108A NON-HOUSEHOLD PET ANIMAL PERMIT ** Res 16-7045 001-3212 $130 per application $134 per application S-109 MULTIPLE DOG REVIEW ** Res 16-7045 001-6840 $130 per application $134 per application S-109A JAIL SERVICES ** Res 16-7045 001-3819 $312 per day $322 per day S-120 OPEN FIRE PERMIT ** HBMC 15.20.010 001-3217 $26 per permit (Community Resources) $27 per permit (Community Resources) S-104 ANIMAL CONTROL SERVICES **
10 857

MASTER FEE SCHEDULE

EXHIBIT A
REF # Service Title Legal Authority Account
Number Fees Effective 12/1/22 Fees Effective 12/1/23
S-122 AMBULANCE RESPONSE -
Basic Life Support (BLS) Res 16-7045 001-3840
Maximum allowable county rates as calculated
by the L.A. County Emergency Medical Services
Agency, 7/1/22 to 6/30/23 rates: Transport - non
emergency $1,687 - 911 emergency
$1,809 - Standby time for prescribed level of
service and for each 30 minutes after the first 30
minutes $129
Per mile charge - $29 - Waiting time for each 30
minute after initial 30 minutes at request of
person hiring ambulance $143 -
Oxygen - $108 - Service between 7pm and 7am
additional maximum charge $29
Neonatal - $271 - Ventilator $209 - Disposable
supplies $31
Maximum allowable county rates as calculated
by the L.A. County Emergency Medical Services
Agency, 7/1/23 to 6/30/24 rates: Transport - non
emergency $2,024 - 911 emergency
$2,171- Standby time for prescribed level of
service and for each 30 minutes after the first 30
minutes $164
Per mile charge - $28 - Waiting time for each 30
minute after initial 30 minutes at request of
person hiring ambulance $172 -
Oxygen - $114 - Service between 7pm and 7am
additional maximum charge $30
Neonatal - $288 - Ventilator $221 - Disposable
supplies $33
S-123 AMBULANCE RESPONSE -
Advanced Life Support (ALS) Res 16-7045 001-3840
Maximum allowable county rates as calculated
by the L.A. County Emergency Medical Services
Agency, 7/1/22 to 6/30/23 rates: Transport - non
emergency $2,532 911 emergency
$2,710 - Standby time for prescribed level of
service and for each 30 minutes after the first 30
minutes $129
Per mile charge - $29 - Waiting time for each 30
minute after initial 30 minutes at request of
person hiring ambulance $143 -
Oxygen - $108 - Service between 7pm and 7am
additional maximum charge $29
Neonatal - $271 - Ventilator $209 - Disposable
supplies $31
Maximum allowable county rates as calculated
by the L.A. County Emergency Medical Services
Agency, 7/1/23 to 6/30/24 rates: Transport - non
emergency $3,038 911 emergency
$3,252 - Standby time for prescribed level of
service and for each 30 minutes after the first 30
minutes $164
Per mile charge - $28 - Waiting time for each 30
minute after initial 30 minutes at request of
person hiring ambulance $172 -
Oxygen - $114 - Service between 7pm and 7am
additional maximum charge $30
Neonatal - $288 - Ventilator $221 - Disposable
supplies $33
SPECIAL EVENT SECURITY ** Dept. Policy 001-3823 $136.00/per hour per officer $140.00/per hour per officer WITNESS FEE Govt Code
Section 68097.2 001-3818 $326.00 $326.00
S-126 AFTERSCHOOL PROGRAM Res 16-7045
Res 15-6986 001-3894
Afterschool Program:
$1900 annually for 5 day program
$1200 annually for 3 day program
Prices are market based and do not
increase annually based on CPI. Fees are
subject to increase.

Afterschool Program:
$1900 annually for 5 day program
$1200 annually for 3 day program
Prices are market based and do not
increase annually based on CPI. Fees are
subject to increase.

S-126A SUMMER CAMP PROGRAM Res 16-7045 001-3893
Resident-$185 per week
Non-Resident- $195 per week
Prices are market based and do not
increase annually based on CPI. Fees are
subject to increase.

Resident-$185 per week
Non-Resident- $195 per week
Prices are market based and do not
increase annually based on CPI. Fees are
subject to increase.

OTHER PUBLIC SAFETY SERVICES FEES (INFORMATION ONLY)

RECREATION SERVICES USER FEES
11 858

MASTER FEE SCHEDULE

EXHIBIT A
REF # Service Title Legal Authority Account
Number Fees Effective 12/1/22 Fees Effective 12/1/23
Various fees set by the instructor offering
the class:

Various fees set by the instructor offering
the class:

Res 16-7045 001-3836 Refund Transaction - $16 Refund Transaction - $16 Res 16-7045 001-3833
Non-Resident Rate:
$0-$99 class fee - $5
$100+ class fee - $10
Non-Resident Rate:
$0-$99 class fee - $5
$100+ class fee - $10
S-127 RECREATION CLASSES Res 16-7045 001-3852 Administrative Fee - 10% of class fee Administrative Fee - 10% of class fee S-128
PRIVATE SPECIAL EVENTS **
(Coordinating privately-run special events that are
provided in the public right-of-way)
Res 16-7045 001-3418
Commercial Application Fee - $996
Commercial Category I - 70/30 revenue
split with the City receiving 30%
Commercial Category II - $3,169
Commercial Category III - $3,487
Commercial Category IV - $6,341
Non-Profit - $664 application fee plus $2
per participant
Co-Sponsor - $335 per sponsor
Set Up - $300 per day Tear Down - $300
per day
Event Supervisor - $398 per day
City Pass Thru - $332 application fee
Commercial Application Fee - $1,028
Commercial Category I - 70/30 revenue
split with the City receiving 30%
Commercial Category II - $3,270
Commercial Category III - $3,599
Commercial Category IV - $6,544
Non-Profit - $685 application fee plus $2
per participant
Co-Sponsor - $346 per sponsor
Set Up - $310 per day Tear Down - $310
per day
Event Supervisor - $411 per day
City Pass Thru - $343 application fee
S-129 EXCURSIONS Res 16-7045 001-4601-4201
The fee will vary depending on the
excursion. Fees will include the excursion
cost and the staff costs associated with
each excursion.

The fee will vary depending on the
excursion. Fees will include the excursion
cost and the staff costs associated with
each excursion.

S-130 THEATER SERVICES Res 16-7045 001-3406
Community Theater reservation fees and
2nd Story Theater reservation fees vary
based on type of group, and staff and
equipment use (see Exhibit E)
Community Theater reservation fees and
2nd Story Theater reservation fees vary
based on type of group, and staff and
equipment use (see Exhibit E)
S-131 RECREATION FACILITY RENTALS ** Res 16-7045 001-3405 Application Fee - $22
Recreation Facilities - Various fees
depending on the room, type of group, and
staff and equipment use (see Exhibit D)
Pier Plaza: $398 per day staff fee plus
$13,272 per day for Commercial Rentals
Outdoor Fitness Permit- $122 per month
with a $120 annual fee
Application Fee - $23
Recreation Facilities - Various fees
depending on the room, type of group, and
staff and equipment use (see Exhibit D)
Pier Plaza: $411 per day staff fee plus
$13,697 per day for Commercial Rentals
Outdoor Fitness Permit- $126 per month
with a $124 annual fee
S-127 RECREATION CLASSES
12 859

MASTER FEE SCHEDULE

EXHIBIT A
REF # Service Title Legal Authority Account
Number Fees Effective 12/1/22 Fees Effective 12/1/23
S-132 BALLFIELD RENTALS ** Res 16-7045 001-3405
Field use- $11 per hour
Lighted Fields (7-10 pm)- $23 per hour
Field Changeover Fee: To be determined
by the Community Resources Department
(must be paid by priority
user groups, AYSO Region 18 and
Hermosa Beach Little League, prior to start
of season)
Field use- $11 per hour
Lighted Fields (7-10 pm)- $24 per hour
Field Changeover Fee: To be determined
by the Community Resources Department
(must be paid by priority
user groups, AYSO Region 18 and
Hermosa Beach Little League, prior to start
of season)
S-132A NEW BEACH VOLLEYBALL COURT N/A N/A No fee recommended as of the 2015 User Fee Study.

No fee recommended as of the 2015 User
Fee Study.
001-3418
Filming:

Application/Permit Fee - $634
Student Application Fee - $122
Location Fee - $1,479 -$3,318 per
location per day
Film Prep or Strike Fee - $132-$1,314 per
location per day
Still Photography:

Application Fee - $265
Location Fee:

First Location - $257 Each Additional
Location - $132
Filming:

Application/Permit Fee - $654
Student Application Fee - $126
Location Fee - $1,526 -$3,424 per
location per day
Film Prep or Strike Fee - $136-$1,356 per
location per day
Still Photography:

Application Fee - $273
Location Fee:

First Location - $265 Each Additional
Location - $136
001-3842 Parking Meter - $25 Parking Meter - $26

HERMOSA SR CENTER
DONATIONS/MEMBERSHIPS 001-3908 Varies $10
PRE-APPROVED PRIVATE INSTRUCTOR $30 (Program is being phased out and not open to new instructors.)
$30 (Program is being phased out and not
open to new instructors.)

TENANT/USERS' LIABILITY INSURANCE
PROGRAM (TULIP) Res 08-6598 001-3897 $65.00 N/A
S-134 BANNER HANGING ** Res 16-7045 001-3211
City Install- $718 per banner
Outside Contractor- $65 per banner plus
contractor costs
City Install- $741 per banner
Outside Contractor- $67 per banner plus
contractor costs

IN-LIEU FEE FOR STREET PAVEMENT
Ord 09-1301
(Determined by
City Engineer)
301-3913
Based on most recent unit prices for said
work performed by competitive bidding for
the City's annual street improvement
program plus 30% for design, construction
management, inspection & testing
expenses. Costs to be updated annually.

Based on most recent unit prices for said
work performed by competitive bidding for
the City's annual street improvement
program plus 30% for design, construction
management, inspection & testing
expenses. Costs to be updated annually.

LIBRARY GENERAL MAINTENANCE Ord 84-762 001-3827 Contract with County Contract with County

OTHER MAINTENANCE SERVICES FEES (INFORMATION ONLY)
Res 16-7045

OTHER RECREATION SERVICES FEES (INFORMATION ONLY)
FILM PERMIT **

MAINTENANCE SERVICES USER FEES
*The Recreation Services fees listed above are set by the market.

S-133
13 860

MASTER FEE SCHEDULE

EXHIBIT A
REF # Service Title Legal Authority Account
Number Fees Effective 12/1/22 Fees Effective 12/1/23
HIGHWAY MAINTENANCE Ord 84-762 001-3507 $1,892 - Maximum allowed by State contract.
$1,892 - Maximum allowed by State
contract.

S-140 GARAGE SALE PERMIT ** Ord 82-682 001-3209 $8 per permit $8 per permit S-142 NSF CHECK PROCESSING ** Govt Code
Section 6157 001-3837 $57 per NSF check $59 per NSF check S-143 DOCUMENT REPRODUCTION
State Evidence
Code Section
1560:1563
001-3839 $0.20 per copy
FPPC-related copies - $0.10 per copy
$0.20 per copy
FPPC-related copies - $0.10 per copy
S-143A ELECTRONIC FILE COPY ** Res 16-7045 $5 per device $5 per device S-144 DOCUMENT CERTIFICATION ** Res 16-7045 001-6847 $3 per document $3 per document S-145 APPEAL TO CITY COUNCIL OF PUBLIC WORKS
DIRECTOR DECISION (ENCROACHMENTS) ** HBMC 12.16.110 001-3814 $3,129 per appeal plus noticing costs and poster/advertising costs $3,229 per appeal plus noticing costs and
poster/advertising costs
S-147 INITIATIVE PROCESSING Res 16-7045 001-2110
$200 per initiative, refunded if within one
year of filing the notice of intent, the
elections official certifies the sufficiency of
the petition. This is the maximum fee
amount is set by State law (Elections
Code Section 9202(b).
$200 per initiative, refunded if within one
year of filing the notice of intent, the
elections official certifies the sufficiency of
the petition. This is the maximum fee
amount is set by State law (Elections
Code Section 9202(b).

S-102 AUDIO/VIDEO/DVD COPY Res 82-4215 001-3839 $16 per disk/tape $16 per disk/tape The City maintains a separate Business License Tax Schedule, which is adjusted annually on July 1 based on the April CPI.

S-150 NEW BUSINESS REGISTRATION ** Res 16-7045 001-3877 $41 In-City, $24 Out-of-City $42 In-City, $25 Out-of-City S-151 BUSINESS REGISTRATION RENEWAL ** Res 16-7045 001-3879 $20 per Renewal $21 per Renewal S-152 DUPLICATE BUSINESS LICENSE ** Ord 82-682 001-3115 $9 per duplicate $9 per duplicate S-153 CREDIT CARD PROCESSING Res 16-7045 001-6867 2.75% of the amount charged 2.75% of the amount charged

MAILING FEE
Government
Code Section
6253b - California
Public Records
Act
001-3896 $3.00 $3.00

ADMINISTRATIVE SERVICES USER FEES
14 861

MASTER FEE SCHEDULE

EXHIBIT A
REF # Service Title Legal Authority Account
Number Fees Effective 12/1/22 Fees Effective 12/1/23
PARKING METER RATES Ord 23-1461 001-3842
$1.25/hr rate effective 2-18-09. $1.25 to
$1.50/hr demand pricing on smart meters
7/1/2015.
$2/hr from 10:00 am to 8:00 p.m and
$2.50/h from 8:00 p.m to 2:00 am rate
effective 6-22-2023.

PARKING LOT RATES Ord 23-1461 001-3845
Set by Council Action 8/13/01 at $.75/hr.

Increased 8/1/03 TO $1.00/HR; Increased
to $1.25/hr Effective 7/1/2010. $1.25 to
$1.50/hr demand pricing on pay by space
meters 7/1/2015
$2/hr from 10:00 am to 8:00 p.m and
$2.50/h from 8:00 p.m to 2:00 am rate
effective 6-22-2023.

PARKING STRUCTURE RATES Ord 23-1461 001-3846
Set by Council Action 8/13/01 at $.75/hr.

Increased 8/1/03 TO $1.00/HR; Increased
to $1.25/hr Effective 7/1/2010.
$2/hr from 10:00 am to 8:00 p.m and
$2.50/h from 8:00 p.m to 2:00 am rate
effective 6-22-2023.
$2.00/Sq. Ft.
$3.00/Sq. ft EFFECTIVE 10/1/2007 FOR
BUSINESSES OPEN AFTER MIDNIGHT.
$4.00/Sq. ft EFFECTIVE 10/1/2008 FOR
BUSINESSES OPEN AFTER MIDNIGHT.
$5.00/Sq. ft EFFECTIVE 10/1/2009 FOR
BUSINESSES OPEN AFTER MIDNIGHT.
$2.00/Sq. ft CLOSES BEFORE MIDNIGHT
Snack shop category created by City
Council 6/12/07 @ $1.00 per sq. ft.
$1.00/Sq.Ft. - Pier Plaza, closes
encroachment before 11pm; off-Pier Plaza;
on-street; sidewalk; retail, category created
by City Council 7/11/2023
Rate increase 07/01/2024 - $2.00/Sq. Ft.3
Retail Display Free First Year. Rate TBD for
Subsequent years
Retail Display Free First Year. Rate TBD for
Subsequent years
TEMPORARY OUTDOOR DINING/RETAIL PERMIT Ord 23-1463 001-6885 $179- Admin Permit
$323- Initial Encroachment Fee (if on public
property)
$185- Admin Permit
$333- Initial Encroachment Fee (if on public
property) The
temporary outdoor dining that the off-street
program ends December 1, 2023.

The on-street program is continuing for
now.
$4.00/Sq. Ft. - Pier Plaza, closes after
midnight, category created by City Council
7/11/2023 Rate increase
07/01/2024 - $5.00/Sq. Ft.1
$2.00/Sq. Ft. - Pier Plaza, closes before
midnight, category created by City Council
7/11/2023 Rate increase
07/01/2024 - $3.00/Sq. Ft.2
COMM OUTDOOR DINING QUARTERLY FEE Res 23-7379 001-6890

OTHER FEES (INFORMATION ONLY)
15 862

MASTER FEE SCHEDULE

EXHIBIT A
REF # Service Title Legal Authority Account
Number Fees Effective 12/1/22 Fees Effective 12/1/23
TEMPORARY OUTDOOR DINING ENCROACHMENT Ord 23-1463 001-6890 Effective March 1, 2022 $1.50/square foot.

Effective July,11 2023: Pier Plaza, closes
after midnight $4/square foot . Pier
Plaza, closes before midnight $2/square
foot. Pier Plaza,
closes before 11 p.m; off-Pier Plaza; onstreet; sidewalk; retail $1/square foot.

The temporary outdoor dining that the offstreet program ends December 1, 2023.

The on-street program is continuing for
now.

BINGO PERMITS HBMC 5.12 001-3210 $93.00 $93.00

OCCUPANCY PERMIT/COMMERCIAL

INSPECTION
Uniform Fire
Code Sec 103.3 001-3207 $159- To be handled by Code Enforcement instead of Fire Inspector
$159- To be handled by Code Enforcement
instead of Fire Inspector
Res 23-7360 001-3843
$40.00 - No future increases without
Council Approval
$20.00- Half Year (50% of Full Year)
$50.00 - No future increases without
Council Approval Residential
Parking Permits are limited to three per
year per residence, to
vehicles registered to the residence
$25.00- Half Year (50% of Full Year)
PARKING PERMIT, REPLACEMENT Res 82-4524 001-3843 $3.00 - No future increases without Council Approval
$3.00 - No future increases without Council
Approval
PARKING PERMIT, EMPLOYEES (Revised 4-10-07) CC 2/28/23
Minutes Action 001-3843 $143.00 - No future increases without Council Approval $175.00 - No future increases without
Council Approval
PARKING PERMIT, EMPLOYEES LOT C Monthly CC 2/28/23
Minutes Action 001-6892 $75.00 - No future increases without Council Approval PARKING PERMIT, EMPLOYEES LOT C Daily CC 2/28/23
Minutes Action 001-6891 $38.00 - No future increases without Council Approval PARKING PERMIT, DAILY CC 2/28/23
Minutes Action 001-3844 $5.00 - No future increases without Council Approval $6.00 - No future increases without Council
Approval
MONTHLY LOT PERMIT, 24 HR. CC 2/28/23
Minutes Action 001-3858 $62.00 No future increases without Council Approval $75.00 No future increases without Council
Approval
MONTHLY LOT PERMIT, DAILY CC 2/28/23
Minutes Action 001-3858 $31.00 No future increases without Council Approval $38.00 No future increases without Council
Approval
PARKING PERMIT, DRIVEWAY HBMC 10.32.080 001-3848 $170 - No future increases without Council Approval
$170 - No future increases without Council
Approval
PARKING PERMIT, GUEST Res 85-4793 001-3849 $1.00 - No future increases without Council Approval
$1.00 - No future increases without Council
Approval
PARKING PERMIT, CONTRACTOR CC 2/28/23
Minutes Action 001-3850 $34.00 - No future increases without Council Approval $42.00 - No future increases without
Council Approval
OVERSIZED VEHICLES Ordinance 001-6861 Annual Registration $51; max of 9 permits annually (no cost)
Annual Registration $53; max of 9 permits
annually (no cost)

PARKING PERMIT, ANNUAL
S-136
16 863

MASTER FEE SCHEDULE

EXHIBIT A
REF # Service Title Legal Authority Account
Number Fees Effective 12/1/22 Fees Effective 12/1/23
S-138 PARKING LOT MONTHLY PASS PROCESSING Res 16-7045 001-3858 Processing fee - $7 (in addition to parking rates). Not currently charged, under review
Processing fee - $7 (in addition to parking
rates). Not currently charged, under review
S-139 DAILY PARKING LOT PROCESSING Res 16-7045 001-3844 Processing fee - $7 (in addition to parking rates). Not currently charged, under review
Processing fee - $7 (in addition to parking
rates). Not currently charged, under review
REFUSE LIEN FEE Res 87-5024 001-3807 $14 $14
COMPOSTING WORM BIN PROCESSING Res 16-7045 117-3874
Compost Bin - $35 per bin
Worm Bin - $70 per bin
These fees charged at actual cost and are
managed by the Environmental Programs
Manager (no changes for 2021-22)
Compost Bin - $35 per bin
Worm Bin - $70 per bin
These fees charged at actual cost and are
managed by the Environmental Programs
Manager (no changes for 2023-24)
DRONE, UNMANNED AIRCRAFT PERMIT Res 16-1363 001-3236 Initial Permit $145 - Annual Renewal $75 - Adopted 6/15/16
Initial Permit $145 - Annual Renewal $75 -
Adopted 6/15/16
IN-LIEU PARKING FEE 001-3847 $28,900/space $28,900/space CANNABIS DELIVERY PERMIT APPLICATION FEE Res 23-7389 001-6891 $702 per application $702 per application ADMINISTRATIVE CITATIONS Res 07-6526 001-3305
$100 first violation
$200 second violation of the same
provision of the code within one year
$500 for each additional violation of the
same provision of the code within one year
$100 first violation
$200 second violation of the same
provision of the code within one year
$500 for each additional violation of the
same provision of the code within one year
SOCIAL HOST ORDINANCE Res 16-7033 001-3305 1st. violation $2,500 - 2nd. Violation $5,000 - 3rd. Violation $10,000 Adopted 6/15/16
1st. violation $2,500 - 2nd. Violation $5,000
- 3rd. Violation $10,000 Adopted 6/15/16
VIOLATION OF THE CITY'S TREE ORDINANCE Res 19-7215 001-3305 $250 for a first violation, $500 for a second
violation within one year of the first
violation, and $1,000 for each additional
violation within one year of the first
violation.
$250 for a first violation, $500 for a second
violation within one year of the first
violation, and $1,000 for each additional
violation within one year of the first
violation.

SIDEWALK VENDING VIOLATIONS Res 19-7170 001-3305
Vending without a sidewalk vending permit-
$250 for a first violation, $500 for a second
violation within one year of the first
violation, and $1,000 for each additional
violation within one year of the first
violation. Upon proof of a valid permit, the
administrative fine assessed will be
reduced to $100 for a first violation, $200
for a second violation within one year of the
first violation, and $500 for each additional
violation within one year of the first
violation.

Vending without a sidewalk vending permit-
$250 for a first violation, $500 for a second
violation within one year of the first
violation, and $1,000 for each additional
violation within one year of the first
violation. Upon proof of a valid permit, the
administrative fine assessed will be
reduced to $100 for a first violation, $200
for a second violation within one year of the
first violation, and $500 for each additional
violation within one year of the first
violation.

ADMINISTRATIVE FINES (INFORMATION ONLY)
17 864

MASTER FEE SCHEDULE

EXHIBIT A
REF # Service Title Legal Authority Account
Number Fees Effective 12/1/22 Fees Effective 12/1/23
VIOLATION OF SECTIONS 12.20.020 AND

12.28.010 OF TITLE 12 (STREETS, SIDEWALKS,
AND PUBLIC PLACES) AND SECTION 6.08.020 OF
TITLE 6 (ANIMALS), WHICH PERTAIN TO

ANIMALS BEING MAINTAINED AND UNLEASHED
IN AREAS WITHIN THE CITY.

Res 21-7297 001-3305 $250 per violation $250 per violation 2 Bdr or less units: 1st violation $2,500 -
2nd. violation $5,000 - 3rd. violation $7,500
(in a 12 mos period) Adopted 10/22/19.
2 Bdr or less units: 1st violation $2,500 -
2nd. violation $5,000 - 3rd. violation $7,500
(in a 12 mos period) Adopted 10/22/19.
3 Bdr or more units: 1st Violation $5,000 -
2nd. Violation $10,000 - 3rd. Violation
$15,000 (in a 12 mos period) Adopted
10/22/19.
3 Bdr or more units: 1st Violation $5,000 -
2nd. Violation $10,000 - 3rd. Violation
$15,000 (in a 12 mos period) Adopted
10/22/19.

FINE FOR AN ADMINISTRATIVE CITATION UNDER

HERMOSA BEACH MUNICIPAL CODE SECTION

1.10.040 RELATED TO CANNABIS DELIVERY
Res 23-7389
$20,000 per occurrence, the City Manager
can approve a waiver for a first-time
offense if a true and complete application
for a lawful permit is made by the violating
business operator.
$20,000 per occurrence, the City Manager
can approve a waiver for a first-time
offense if a true and complete application
for a lawful permit is made by the violating
business operator.

Rounding criteria (effective 9/1/97): If new fee increase is $.50 or less round down to nearest dollar; if new fee increase is $.51 or more, round up to the nearest dollar.

Services set by the fee study are denoted by a reference number. Other fees not set by the fee study have no reference number but are included for ease of administration. ** Subject to annual Consumer Price Index (CPI) adjustment. The September 2023 All Urban Consumers CPI Index is 3.2%. Only Fees greater than $16 dollars went up due to the rounding criteria.
1 Outdoor Dining Fee Schedule Future Increases: July 1, 2024: $5.00, July 1, 2025: $6.00 2 Outdoor Dining Fee Schedule Future Increases: July 1, 2024: $3, July 1, 2025: $4.00 3 Outdoor Dining Fee Schedule Future Increases: July 1, 2024: $2, July 1, 2025: $2.50

VIOLATION OF SHORT-TERM VACATION RENTAL
ORDINANCE Ord 19-1395 001-3305
18 865

MASTER FEE SCHEDULE

EXHIBIT B

CITY OF HERMOSA BEACH

COMMUNITY DEVELOPMENT DEPARTMENT

BUILDING DIVISION

BUILDING PERMIT FEES
(TABLE 3A)
Effective 12-1-05

TOTAL VALUATION FEE
$1 to $500 $35.84
$501 to $2,000 $35.84 for the first $500 plus $5.76 for each additional $100 or fraction thereof, to and including $2,000.
$2,001 to $25,000 $122.24 for the first $2,000 plus $22.40 for each additional $1,000 or fraction thereof, to and including $25,000.
$25,001 to $50,000 $637.44 for the first $25,000 plus $16.96 for each additional $1,000 or fraction thereof, to and including $50,000.
$50,001 to $100,000 $1,061.44 for the first $50,000 plus $11.20 for each additional $1,000 or fraction thereof, to and including $100,000.
$100,001 and up $1,621.44 for the first $100,000 plus $9.28 for each additional $1,000 or fraction thereof.
• State Seismic Fee: 0.013% of project valuation, minimum $0.50 (residential) or

0.028% of project valuation, minimum $0.50 (commercial) • State Building Standards Administration Fee: $1 for every $25,000 project valuation • General Plan Maintenance Fee: $3 per $1,000 in valuation; applies to projects with valuation of $100,000 or more.
• Plan Check fee is equal to 80% of the Building Permit fee.

OTHER INSPECTIONS AND FEES:

1. Quadruple permit fee for illegal construction Four times permit fee (City Building Code 107.2)

2. Inspections outside of normal business hours $75 per hour (minimum charge - four hours)

3. Inspections for which no fee is specifically indicated $75 per hour (minimum charge - four hours)

4. Additional plan review for revisions, additions, etc. $118 per hour (minimum charge - one hour)

5. Expedited plan review $112.5 per hour
These fees are set by the Government Codes. There are no changes for FY 2023-24 19 866

MASTER FEE SCHEDULE

EXHIBIT C
SCHEDULE A - PLUMBING PERMIT FEES (001-3206)**
Fees Effective Fees Effective
Fee Service Name/Description 12/1/2022 12/1/2023
EACH PLUMBING FIXTURE, TRAP, OR SET OF FIXTURES ON $28.00 $29.00

ONE TRAP (INCLUDING WATER, DRAIN PIPING & BACKFLOW

PROTECTION)
EACH BUILDING SEWER OR TRAILER PARK SEWER $56.00 $58.00 RAINWATER SYSTEM PER DRAIN (INSIDE BUILDING) $28.00 $29.00 EACH WATER HEATER AND/OR VENT $28.00 $29.00
EACH PIPING SYSTEM OF 1 TO 5 OUTLETS $43.00 $44.00
EACH GAS OUTLET OVER 5 $8.00 $8.00

EACH INDUSTRIAL WASTE PRE-TREATMENT INTERCEPTOR

INCLUDING TRAP & VENT (EXCEPTING KITCHEN-TYPE
GREASE INTERCEPTORS FUNCTIONING AS FIXTURE TRAPS) $73.00 $75.00 UNDERSINK GREASE TRAP (FORMERLY GREASE TRAP PERMIT) $43.00 $44.00

EACH INSTALLATION, ALTERATION OR REPAIR OF WATER
PIPING AND/OR WATER TREATING EQUIPMENT $13.00 $13.00
EACH REPAIR OR ALTERATION OF DRAINAGE OR VENT PIPING $13.00 $13.00

EACH LAWN SPRINKLER SYSTEM ON ANY ONE METER
INCLUDING BACKFLOW PROTECTION DEVICES): $28.00 $29.00
ATMOSPHERIC-TYPE VACUUM BREAKERS (NOT INCLUDING ABOVE):
1 TO 5 $28.00 $29.00
OVER 5, EACH $8.00 $8.00
EACH BACKFLOW PROTECTIVE DEVICE (OTHER THAN ATMOSPHERICTYPE VACUUM BREAKERS):
2 INCHES AND SMALLER $28.00 $29.00
OVER 2 INCHES $28.00 $29.00
FIRE SPRINKLER PIPING SYSTEM: $28.00 $29.00
1 TO 10 HEADS $50.00 $52.00
11 TO 25 HEADS $82.00 $85.00
26 TO 50 HEADS $114.00 $118.00
51 TO 100 HEADS $175.00 $181.00
101 TO 200 HEADS $245.00 $253.00
201 TO 300 HEADS $312.00 $322.00
20 867

MASTER FEE SCHEDULE

EXHIBIT C
SCHEDULE A - PLUMBING PERMIT FEES (001-3206)**
FIRE SPRINKLER PIPING SYSTEM:
301 TO 500 HEADS $405.00 $418.00
501 TO 1000 HEADS $609.00 $628.00
1001 OR MORE HEADS $875.00 $903.00
MISCELLANEOUS (BUT NOT INCLUDED ABOVE $43.00 $44.00
FEE FOR ISSUING EACH PERMIT $80.00 $83.00
SUPPLEMENTAL ISSUANCE FEE $23.00 $24.00
ADDITIONAL PLAN CHECK Hourly Rates Hourly Rates
ADDITIONAL INSPECTION Hourly Rates Hourly Rates
OTHER INSPECTIONS NOT SPECIFIED Hourly Rates Hourly Rates 21 868

MASTER FEE SCHEDULE

EXHIBIT C
SCHEDULE B - MECHANICAL PERMIT FEES (001-3227)**
Fees Effective Fees Effective
Fee Service Name/Description 12/1/2022 12/1/2023

HEATING, VENTILATIONS, AIR CONDITIONING OR

REFRIGERATION FORCED-AIR OR GRAVITY-TYPE

FURNACE (INCLUDING CUTS AND VENTS)
UP TO 100,000 BTU $56.00 $58.00
OVER 100,000 BTU $56.00 $58.00
FLOOR FURNACE $73.00 $75.00
HEATER - SUSPENDED, RECESSED, WALL OR FLOOR MOUNTED $56.00 $58.00 GAS PIPING SYSTEM OF 1 TO 5 OUTLETS $43.00 $44.00
GAS PIPING SYSTEM OF 6 OR MORE OUTLETS, PER OUTLET $8.00 $8.00 APPLIANCE VENT - ONLY $43.00 $44.00
BOILER - UP TO 3 HP OR 100,000 BTU $56.00 $58.00
COMPRESSOR - 3 TO 15 HP OR 100,001 TO 500,000 BTU $56.00 $58.00 ABSORPTION - 15 TO 30 HP OR 500,001 TO 1,000,000 BTU $56.00 $58.00 SYSTEM - 30 TO 50 HP OR 1,000,000 TO 1,750,000 BTU $129.00 $133.00 OVER 50 HP OR OVER 1,750,000 BTU $129.00 $133.00
AIR HANDLING UNITS INCLUDING DUCTS - UNDER 10,000 C.F.M. $73.00 $75.00 OVER 10,000 C.F.M. $73.00 $75.00
EVAPORATIVE COOLER (NON-PORTABLE) $56.00 $58.00
VENT FAN / SINGLE DUCT $43.00 $44.00
MECHANICAL VENT $43.00 $44.00
MECHANICAL EXHAUST HOOD $43.00 $44.00
DOMESTIC-TYPE INCINERATOR $56.00 $58.00
COMMERCIAL / INDUSTRIAL INCINERATOR $87.00 $90.00

REPAIR, ALTER, OR ADDITION TO EACH HEATING APPLIANCE,

REFRIGERATION UNIT, COMFORT COOLING UNIT, OR SYSTEM
(INCLUDING CONTROLS) $56.00 $58.00
ANY EQUIPMENT REGULATED (BUT NOT INCLUDED ABOVE) $148.00 $153.00 22 869

MASTER FEE SCHEDULE

EXHIBIT C
SCHEDULE B - MECHANICAL PERMIT FEES (001-3227)**
MISCELLANEOUS $43.00 $44.00
FEE FOR ISSUING EACH PERMIT $80.00 $83.00
SUPPLEMENTAL PERMIT $23.00 $24.00
ADDITIONAL PLAN CHECK Hourly Rates Hourly Rates
ADDITIONAL INSPECTION Hourly Rates Hourly Rates
OTHER INSPECTIONS NOT SPECIFIED Hourly Rates Hourly Rates 23 870

MASTER FEE SCHEDULE

EXHIBIT C
SCHEDULE C - ELECTRICAL PERMIT FEES (001-3205)**
Fees Effective Fees Effective
Fee Service Name/Description 12/1/2022 12/1/2023

NEW GENERAL USE BRANCH CIRCUITS

RATING, TYPE OR USE OF BRANCH CIRCUITS
15 OR 20 AMP, 120V LIGHTING OR GENERAL USE
RECEPTACLE, DWELLING APPLIANCES 15 TO 50 AMPS,

NON-DWELLING MOTORS OR APPLIANCES SUPPLYING
LOADS NOT EXCEEDING 3 HP OR KVA

1. 1 TO 10 BRANCH CIRCUITS $56.00 $58.00

2. 11 TO 40 BRANCH CIRCUITS $115.00 $119.00

3. 41 OR MORE BRANCH CIRCUITS $170.00 $175.00

4. 15 OR 20 AMP 208V TO 277V LIGHTING $28.00 $29.00

5. ALL OTHER LIGHTING BRANCH CIRCUIT 600V OR LESS $28.00 $29.00

FEES FOR ADDING OUTLETS (TO EXISTING BRANCH CIRCUITS)

OR TEMPORARY LIGHTS & YARD LIGHTING

NUMBER OF OUTLETS OR LAMPHOLDERS

1. 1 TO 5 INCLUSIVE $28.00 $29.00

2. 6 TO 10 INCLUSIVE $43.00 $44.00

3. FOR EACH ADDITIONAL 10 OUTLETS OR FRACTION THEREOF $26.00 $27.00

4. 50 OR LESS LAMPHOLDERS, TOTAL FEE $87.00 $90.00

5. 51 TO 100 LAMPHOLDERS, TOTAL FEE $129.00 $133.00

6. EACH 100 LAMPHOLERS OR FRACTION THEREOF OVER 100 $87.00 $90.00

FEES FOR MOTORS, TRANSFORMERS, HEATING APPLIANCES,

AND MISCELLANEOUS EQUIPMENT OR APPLIANCES
H.P., K.W., OR K.V.A. RATING OF EQUIPMENT

1. OVER 3 AND NOT OVER 5 $87.00 $90.00

2. OVER 5 AND NOT OVER 20 $87.00 $90.00

3. OVER 20 AND NOT OVER 50 $87.00 $90.00

4. OVER 50 AND NOT OVER 100 $87.00 $90.00

5. OVER 100 $87.00 $90.00
24 871

MASTER FEE SCHEDULE

EXHIBIT C
SCHEDULE C - ELECTRICAL PERMIT FEES (001-3205)**

FEES FOR REQUIRED FIRE WARNING, COMMUNICATIONS AND

EMERGENCY CONTROL SYSTEMS

1. UP TO 50 DEVICES $45.00 $46.00

2. 51 TO 100 DEVICES $84.00 $87.00

3. 101 TO 200 DEVICES $129.00 $133.00

4. 201 TO 300 DEVICES $171.00 $176.00

5. 300 TO 500 DEVICES $219.00 $226.00

6. OVER 500 DEVICES $257.00 $265.00

7. EACH CONTROL PANEL, STANDBY POWER PANEL,

ANNUNCIATOR PANEL, OR SIMILAR MAIN PIECE OF
CONTROL EQUIPMENT $45.00 $46.00

FEES FOR SERVICE AND SWITCHBOARD SECTIONS

AMPACITY AND VOLTAGE RATINGS OF SERVICE ENTRANCE

CONDUCTORS, SERVICES SWITCHES OR CIRCUIT BREAKERS

OR SWITCHBOARD SECTIONS

1. 200 AMP OR LESS RATINGS - 600V OR LESS $73.00 $75.00

2. 201 TO (AND INCLUDING) 600 AMP - 600V OR LESS $73.00 $75.00

3. OVER 600 AMP - 600V OR LESS $73.00 $75.00

4. OVER 600V RATINGS $73.00 $75.00

5. TEMPORARY POWER POLE $56.00 $58.00
MISCELLANEOUS (BUT NOT INCLUDED ABOVE) $43.00 $44.00
MISCELLANEOUS:

FEE FOR ISSUING EACH PERMIT $80.00 $83.00
FEE FOR ISSUING EACH SUPPLEMENTAL PERMIT $23.00 $24.00
ADDITIONAL PLAN CHECK Hourly Rates Hourly Rates
ADDITIONAL INSPECTION Hourly Rates Hourly Rates
OTHER INSPECTIONS NOT SPECIFIED Hourly Rates Hourly Rates Rounding criteria (effective 9/1/97): If new fee increase is $.50 or less round down to nearest dollar; if new fee increase is $.51 or more, round up to the nearest dollar. ** September 2023 All Urban Consumers CPI Index is 3.2%.

Only Fees greater than $16 dollars went up due to the rounding criteria. 25 872

MASTER FEE SCHEDULE

EXHIBIT D
Clark Building
$27 application fee
$39 per hour resident fee
$84 per hour non-resident fee
Staff fee billed at T-12 hourly rate
$32 per hour non-profit fee
$340 refundable security deposit
$136 refundable security deposit for non-profit
Community Center
$27 application
$32 per hour rental fee
$27 per hour rental fee non-profit
$70 refundable security deposit
Gym
$27 application fee
$69 per hour rental fee
$136 refundable security deposit
$32 per hour non-profit rental fee
Tennis Courts
$9 per hour resident reservation
$18 per hour instructor/Pro
$11 all lighted hours (Resident) or $22 (Instructor)
$18 annual membership fee
Pickleball Courts
$9 per hour resident reservation
$18 annual membership fee
Parks
$27 application fee
$27 fire permit fee
$54 rental fee (4 hour block)
$27 bouncer permit fee
Rounding criteria (effective 9/1/97): If new fee increase is $.50 or less round down to nearest dollar; if new fee increase is $.51 or more, round up to the nearest dollar. ** September 2023 All Urban Consumers CPI Index is 3.2%.

Only Fees greater than $16 went up due to the rounding criteria.

RECREATION FACILITIES AND FEES**
26 873

MASTER FEE SCHEDULE

EXHIBIT E
Non-Profit Rate Commercial
Rate
Performance Day (minimum of four hours required per day) $59 per hour $118 per hour Rehearsal Days (minimum of four hours required per day) $28 per hour $59 per hour Security Deposit *must be received with application to hold dates $500 $500
Application Fee *must be received with application to hold dates $100 $100
Venue Host
The Venue Host is the liaison between the renter and
Community Theatre and is required for the entire duration of the reservation
Light Technician (minimum of four hours required per day) The Light Technician is responsible for setup and operation of all theatre lighting equipment
Sound Technician (minimum of four hours required per day) The Sound Technician is responsible for setup and
operation of all theatre sound equipment
AV Technician (minimum of four hours required per day)
The AV Technician is responsible for setup and operation of all projector equipment and is required on site during the use of the projector, in addition to the Sound and Light
Technician
Theatre Marquee $59 $59
Piano (Baby Grand) $118 $118
Projector $295 $295
Cyclorama or Backdrop $118 $118
Non-Profit Rate Commercial
Rate
Performance or Rehearsals $26 per hour $31 per hour
Security Deposit
*must be received with application to hold dates
Application Fee
*must be received with application to hold dates
Venue Host/Technician
(required for the entire duration of reservation)
Projector and Screen $118 $118
Rounding criteria (effective 9/1/97): If new fee increase is $.50 or less round down to nearest dollar; if new fee increase is $.51 or more, round up to the nearest dollar. ** September 2023 All Urban Consumers CPI Index is 3.2%.

Only Fees greater than $16 went up due to the rounding criteria. $26 $26
Billed at T-6
Hourly Rate
Billed at T-6
Hourly Rate

COMMUNITY THEATRE RESERVATION FEES
Billed at T-6
Hourly Rate
Billed at T-6
Hourly Rate
Billed at T-6 Hourly
Rates
Billed at T-6
Hourly Rates
Billed at T-6 Hourly
Rates
Billed at T-6
Hourly Rates
Billed at T-6 Hourly
Rates
Billed at T-6
Hourly Rates
2ND STORY THEATRE RESERVATION FEES
$250 $250
27 874
CONDITIONAL USE PERMIT - COMM/OTHER S-001
PLANNING APPLICATION Developer/Resident/Business
Review of a proposed conditional use permit to establish a commercial or other use to determine conformance with City codes and standards, including evaluation of impacts on the surrounding area, city services, and the environment.
$4,995 per application
$4,540 per application
100%
$4,995.00
$4,538.20
$456.80
5 CITY OF HERMOSA BEACH
FY 2015-2016

REVENUE AND COST SUMMARY WORKSHEET
SERVICE REFERENCE NO.

PRIMARY DEPARTMENT UNIT OF SERVICE SERVICE RECIPIENT

DESCRIPTION OF SERVICE

CURRENT FEE STRUCTURE

REVENUE AND COST COMPARISON
UNIT REVENUE:

UNIT COST:

UNIT PROFIT (SUBSIDY):

TOTAL UNITS:

TOTAL REVENUE:

TOTAL COST:

TOTAL PROFIT (SUBSIDY):

PCT. COST RECOVERY: 110.07%
$2,284
$22,691
$24,975
SUGGESTED FEE FOR COST RECOVERY OF:

June 12, 2016
875
June 12, 2016

CITY OF HERMOSA BEACH
FY 2015-2016

COST DETAIL WORKSHEET

SERVICE
CONDITIONAL USE PERMIT - COMM/OTHER S-001
5 REFERENCE NO.

NOTE TOTAL UNITS
Unit Costs are an Average of Total Units
DEPARTMENT POSITION TYPE UNIT TIME UNIT COST ANN. UNITS TOTAL COST POLICE POLICE LIEUTENANT 0.50 $145.99 5 $730
FIRE FIRE CAPTAIN/FIRE MARSHAL 0.50 $93.28 5 $466
PLANNING ADMIN ASSISTANT 3.00 $322.05 5 $1,610
PLANNING BLDG & PLANNING TECH 1.67 $138.39 5 $692
PLANNING COM DEV DIRECTOR 3.83 $853.59 5 $4,268
PLANNING SENIOR/ASSOC/ASST PLANNER 21.58 $2,599.53 5 $12,998 BUILDING & SAFETY BLDG & CODE ENF OFFICIAL 1.00 $204.73 5 $1,024 PUBLIC WORKS ADMIN ASSOC/ASST ENGINEER 1.00 $180.68 5 $903 TYPE SUBTOTAL 33.08 $4,538.24 $22,691
TOTALS 33.08 $4,538.20 $22,691
876
AMENDMENT TO PLANNING ENTITLEMENT S-010
PLANNING APPLICATION Developer/Resident/Business
Review of a request to amend an approved Conditional Use Permit, Precise Development Permit, Parking Plan, or similar entitlement, for conformance with city codes and standards, including evaluation of impacts on the surrounding area and city services.
$3,916 per application
$4,000 per application
100%
$3,916.00
$4,002.20
$(86.20)
5 CITY OF HERMOSA BEACH
FY 2015-2016

REVENUE AND COST SUMMARY WORKSHEET
SERVICE REFERENCE NO.

PRIMARY DEPARTMENT UNIT OF SERVICE SERVICE RECIPIENT

DESCRIPTION OF SERVICE

CURRENT FEE STRUCTURE

REVENUE AND COST COMPARISON
UNIT REVENUE:

UNIT COST:

UNIT PROFIT (SUBSIDY):

TOTAL UNITS:

TOTAL REVENUE:

TOTAL COST:

TOTAL PROFIT (SUBSIDY):

PCT. COST RECOVERY: 97.85%
$(431)
$20,011
$19,580
SUGGESTED FEE FOR COST RECOVERY OF:

June 12, 2016
877
June 12, 2016

CITY OF HERMOSA BEACH
FY 2015-2016

COST DETAIL WORKSHEET

SERVICE
AMENDMENT TO PLANNING ENTITLEMENT S-010
5 REFERENCE NO.

NOTE TOTAL UNITS
Unit Costs are an Average of Total Units
DEPARTMENT POSITION TYPE UNIT TIME UNIT COST ANN. UNITS TOTAL COST FIRE FIRE CAPTAIN/FIRE MARSHAL 0.75 $139.92 5 $700
PLANNING ADMIN ASSISTANT 3.00 $322.05 5 $1,610
PLANNING BLDG & PLANNING TECH 1.67 $138.39 5 $692
PLANNING COM DEV DIRECTOR 3.33 $742.16 5 $3,711
PLANNING SENIOR/ASSOC/ASST PLANNER 20.58 $2,479.07 5 $12,395 PUBLIC WORKS ADMIN ASSOC/ASST ENGINEER 1.00 $180.68 5 $903 TYPE SUBTOTAL 30.33 $4,002.27 $20,011
TOTALS 30.33 $4,002.20 $20,011
878
City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
REPORT 24-0036
Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of January 23, 2024

CONSIDERATION OF A RESOLUTION AMENDING THE RULES OF CONDUCT OF CITY

COUNCIL MEETING AND SUBSIDIARY CITY BOARDS AND COMMISSIONS (City Attorney Patrick Donegan)
Recommended Action:

Staff recommends City Council adopt a resolution amending the rules of conduct at City Council meeting and making these rules, where feasible, applicable to all subsidiary boards and commission in the City (Attachment 1).

Executive Summary:

Since returning to in-person meetings post the COVID-19 pandemic, the City Council has maintained a new meeting format allowing remote participation by the public. The use and efficacy of this feature has been monitored and was discussed in depth, as well as other format and operational issues with City Council meetings, at the December 12, 2023 City Council meeting. The attached resolution effectuates the direction from City Council regarding the format and operations of City Council meetings and directs subsidiary bodies to adhere to these same rules where feasible.

Background:

Consistent with the then applicable social distancing mandates and other applicable health orders related to the COVID-19 pandemic, the City Council (and other City Boards and Commissions) conducted its meetings solely via Zoom. Emerging from the pandemic, the City Council first instituted hybrid meetings where Council Members could attend either in-person in City Hall Chambers or remotely. The public was also provided the option to attend either in-person or attend and participate via the remote option. Now, the 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 has ever been adopted by either the City Council or any City Board or Commission related to the use and implementation of remote participation by the public.

At its September 26, 2023 City Council meeting, the 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 then proceeded to make hateful, bigoted, anti-sematic and sexist City of Hermosa Beach Page 1 of 6 Printed on 1/18/2024
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Staff Report
REPORT 24-0036
comment. These commenters then proceeded to make hateful, bigoted, anti-sematic 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’s 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, anti-sematic, bigoted, and sexist comments were made in an attempt to disrupt the meeting.

Since that September 26, 2023 City Council meeting, the Zoom participation function (residents and members of the public can still view the meetings via Zoom as well as other mediums) has not been provided at City Board and Commission meetings. This was done 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. The public was 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 told that each respective Board or Commission could set its own policy regarding remote participation (staff and City resources permitting). As the City’s ultimate decisionmaker 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 will be afforded the discretion to make their own polices subject to staffing and operational limitations.

At the November 14, 2023 City Council meeting, Councilmembers Jackson and Detoy and Mayor Massey expressed their support for an agenda item where public participation via Zoom can be discussed. Further, the request was made that other changes to the format and timelines for certain 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. At the December 12, 2023 City Council meeting, the City Council discussed this item in-depth and gave direction to City staff to bring back a resolution effectuating the changes to the format and operations of the City Council meetings and when feasible, make the format and operations of subsidiary bodies the same to ensure consistency amongst City bodies.

Past Council Actions
Meeting Date Description
November 14, 2023 Request by Councilmembers Jackson and Detoy and Mayor Massey to place this item on a future agenda
December 12, 2023 City Council discussion and direction to City staff to make changes to the format and operations of City Council
meetings and when feasible, make these same changes to
subsidiary City bodies
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Meeting Date Description
November 14, 2023 Request by Councilmembers Jackson and Detoy and Mayor Massey to place this item on a future agenda
December 12, 2023 City Council discussion and direction to City staff to make changes to the format and operations of City Council
meetings and when feasible, make these same changes to
subsidiary City bodies
Discussion:

Remote Participation
With the City Council, 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 is attending 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 publicunless they are physically present at the alternative location. However, nothing in the Brown Act would prohibit the City Council from allowing remote public participation. It is a judgment call for the City Council.

Ideally, remote public participation was meant to allow busy City residents and other members of the public the ability to monitor and listen in to City meetings and when the item of interest is called, allow them to participate. City staff was hopeful that this would increase public input and allow a diverse group of public commenters who otherwise had other obligations or plans that evening, the ability to still participate in real time while running their errands or fulfilling other commitments they may have.

Practically, this has not come to fruition. 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.

Further, the technical responsibilities and the burden of hosting and running the Zoom are not trivial.

A dedicated staff member must monitor and run the Zoom meeting to ensure participation and the bandwidth required for the Zoom does tax the City’s computers and may contribute to the freezing and other technical issues City staff faces. 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 Zoom meeting be compromised, the meeting cannot continue.

That being said, 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 a commenter to listen to the staff report and any questions the City Council may have and then make their comments based on that information.

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any questions the City Council may have and then make their 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 doing away with remote public participation as standard operating procedure, although some jurisdictions still do allow it. The results of this survey are attached as Attachment 2. As noted above the City Council should also consider remote participation rules/policies for its subsidiary Boards and Commissions.

Format and Structure of Meetings
The 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. Currently, the City Council meetings solicit general public comment (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 that get pulled 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. This 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 has looked into how other jurisdictions try and 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 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 members of the public that there will be another general public comment period at the end of the meeting for any remaining public commenters. If this option is considered, the City Council should consider the mechanics of such a system with direction to the City Clerk on whom to call first during this initial period.

Further, if there are any other modifications to the format and structure of the City Council meetings, this is the time to raise them for discussion and direction to City staff. Like the remote participation item, the City Council should also consider if any potential changes to meeting structure/format should apply to all City Boards and Commissions. However, it should be noted that 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.

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City Council Direction and Resolution
At its December 12, 2023 meeting the City Council discussed the format and operations of City Council meeting and directed staff to bring back a resolution effectuating the following changes:
i. remote participation (Zoom), unless otherwise required by law, will only be allowed for items on the agenda not during the general public comment period and only as a courtesy; ii. the first general public comment period will be limited to thirty (30) minutes and if necessary, a second general public comment period will appear at the end of the agenda for any remaining public comments;
iii. general public comments will be limited to two (2) minutes per speaker; iv. general written comments will no longer be included as a separate item on the agenda (i.e., no more Written Comment Report);
v. removal of the procedure involving the City Clerk distributing photos of video to the City Council at the request of members of the public (member of the public can still send those items directly to City officials if they desire); and
vi. subsidiary bodies, when feasible, will adhere to the same rules and procedures to maintain consistency throughout City bodies.

Other changes to the resolution include removing redundant language that simply repeats state law that the City Council (and other City Brown Act bodies) must already adhere to. This was done to ensure that a situation does not arise where State law is amended such that it conflicts with the City’s adopted resolution. A copy of the exiting City Council Resolution (Resolution No. 15-6988) is attached as Attachment 3. Finally, a draft agenda is attached to show how the changes will appear as well as make the numbering change from Roman numerals to Arabic numerals (Attachment 4).

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.

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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 participation is promoted through diverse methods.

Fiscal Impact:

There is no fiscal impact associated with the recommended action.

Attachments:

1. Draft Resolution

2. Allowance of Remote Participation Survey

3. Resolution No. 15-6988

4. Redline of Resolution No. 15-6988

5. Rosenberg's Rules of Order
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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CITY OF HERMOSA BEACH
RESOLUTION NO. RES-24-

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

CALIFORNIA, ESTABLISHING RULES FOR THE CONDUCT OF CITY COUNCIL

MEETINGS AND SUBSIDIARY BOARDS AND COMMISSIONS
WHEREAS, all City Council meeting agenda types are posted and noticed in accordance with local and State law; and
WHEREAS, established meeting procedures follow the Brown Act in accordance with Government Code Section 54950 et seq.; and
WHEREAS, this Resolution establishes the procedures for the conduct of all meetings of the City Council and its subsidiary Boards and Commissions and establishes procedures that will be convenient for the public and contribute to the orderly conduct of the City’s business; and
WHEREAS, the procedures herein are in addition to, and not in place of, applicable ordinances and statutes, and in the event of conflict between this Resolution and applicable ordinances or statutes, the latter shall govern.

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

The following rules of order and decorum for the conduct of City Council meetings are hereby adopted.

SECTION 1. SCOPE.

1.1 Resolution No. 15-6988 is hereby rescinded and the rules of order and decorum for City Council meetings and other City Boards and Commissions are hereby adopted.

SECTION 2. MEETINGS.

2.1 Regular Meetings. Pursuant to the authority set forth in Municipal Code section 2.04.010, the City Council shall conduct its meetings pursuant to the dates and times fixed by Resolution and approved by the City Council each December for the following year. Regular meetings shall be conducted in the location set forth in Municipal Code section 2.04.020. Closed Sessions shall be conducted in the location identified on the agenda.

2.2 Other Meetings. All other meeting types shall be called and noticed according to applicable local and State law.
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2.3 Quorum. Three members of the City Council shall constitute a quorum and shall be sufficient to transact business. If fewer than three Councilmembers appear at a Regular meeting, any member, or if all members are absent, the City Clerk, shall adjourn the meeting to a stated day and hour.

2.4 Recording of Meetings. All open and public meetings of the City Council shall be cablecast and webcast live or videorecorded for airing on the City's government channel and viewing on the City's website. In the event that technical difficulties prevent the cablecasting, webcasting and/or recording of a meeting, the City Attorney, in consultation with the City Manager and City Council, may determine whether or not to proceed with the meeting pursuant to State law.

SECTION 3. POSTING NOTICE AND AGENDA.

3.1 Location of Posting. The City Clerk shall designate the location between City Hall and the Police Department as the City’s official physical posting location, which is a place the public has unrestricted access and where postings are not likely to be removed or obscured by other posted material. The City's website shall serve as the digital posting location.

SECTION 4. WRITTEN COMMENTS.

4.1 Description of Written Comments by the Public. Written comments shall include emails, e-comments, or letters addressed to the City Council. The subject of each written comment should refer to an item listed on the agenda for a specific City Council meeting. All written comments should be addressed to the City Council and submitted to the City Clerk.

4.2 Timeline for Submitting Written Comments. All written comments should be submitted to the City Clerk by the deadline set forth on the meeting agenda.

Instructions for submitting a written comment shall be included in the agenda, delivered to the City Council, and made public before the meeting.

SECTION 5. ORDER OF BUSINESS.

5.1 The order of business at meetings of the City Council shall be as follows, in accordance with the procedures specified below:

1. CALL TO ORDER
The Presiding Officer shall call the meeting to order.

2. PLEDGE OF ALLEGIANCE
The Presiding Officer shall designate a person to lead the Pledge of Allegiance.
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3. ROLL CALL
The City Clerk shall call the roll of the City Council beginning with Councilmembers, the Mayor Pro Tempore called fourth and the Mayor called last. Members present and absent shall be entered into the minutes.

4. CLOSED SESSION REPORT
The Mayor or the City Attorney shall announce the basis for the Closed Session and those actions taken as are required to be reported by the Brown Act.

5. ANNOUNCEMENTS
Councilmembers may make any announcements at this time.

6. APPROVAL OF AGENDA
The City Council may change the order in which it takes up items on the agenda, remove and/or continue agenda items.

7. PROCLAMATIONS/PRESENTATIONS
This time is reserved for the reading and awarding of proclamations and commendations for members of the community, service organizations and others that have merited recognition by the Council. In addition, visiting dignitaries may be introduced at this time.

8. CITY MANAGER REPORT
The City Manager and staff may provide brief progress reports on City business.

9. PUBLIC COMMENT
Oral comments from members of the public are accepted here as set forth in Section 6, herein. All comments from members of the public relative to Consent Calendar items must be heard at this time unless a Councilmember agrees to remove a Consent Calendar item at the request of a member of the public made at this time.

10. CITY COUNCILMEMBER COMMENTS
Councilmembers may briefly respond to public comments, ask a question for clarification or make brief announcements or report on activities or 887

meetings attended.

11. CONSENT CALENDAR
The City Council may approve items of a routine nature in a single motion by adopting the Consent Calendar. Before approval of the Consent Calendar, the City Council may pull an item(s) for separate discussion.

12. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE

DISCUSSION
Items removed from the Consent Calendar for separate discussion shall be heard at this time.

13. PUBLIC HEARINGS
The Council shall conduct all public hearings as set forth in Section 7.

14. MUNICIPAL MATTERS
The Council shall take up all matters of new and old business.

15. FUTURE AGENDA ITEMS
Two Councilmembers may direct staff to bring back an informational item and a majority of the Council may direct staff to bring back an action item. No discussion, action or public comments shall be taken at this time.

16. PUBLIC COMMENT
This time is set aside for the public to address the Council on any item of interest within the subject matter jurisdiction of the Council that could not be heard under Item 9 during the first public participation item because there were too many prior public speakers and the thirty minute maximum time limit was exhausted.

17. ADJOURNMENT
SECTION 6. PUBLIC COMMENT.

6.1 General Public Comment. During the first general Public Comment section of the agenda, any member of the public may address the City Council on items appearing on the Consent Calendar. Comments concerning other items on the agenda will be heard at the time the item is considered during the course of the meeting; however, they may be offered at this time if the member of the public cannot be in attendance later in the evening. At this time, members of the public may 888

also comment upon any other items of interest that are within the subject matter jurisdiction of the City Council. Any Councilmember may request that matters addressed under Public Comment be placed for information or action on a subsequent agenda under FUTURE AGENDA ITEMS; however, no action shall be taken on items not appropriately placed on the agenda except upon a majority determination that an “emergency situation” exists as defined by State law.

The public comment period during the general Public Comment shall be limited to no more than two (2) minutes for each speaker, unless the Presiding Officer determines that good cause exists to extend the time and doing so will not be arbitrary or unfair.

Further, this first Public Comment section shall be limited to a total of thirty (30) minutes. The Presiding Officer also may allow additional time for the spokesperson of a group if doing so will limit the number of persons speaking and avoid repetitious presentations. Unless required by law, public comment will only be taken by those physically in City Council Chambers. Those viewing the meeting via remote public participation options or listening in telephonically will not be allowed to make general public comments.

Pictures and pre-recorded videos will not be digitally displayed in the Council Chambers during the meeting. However, members of the public can send such items to the City Clerk for distribution to the City Council by the deadline listed on the agenda for the City Council meeting. Members of the public wishing to distribute materials to the City Council after the deadline set forth on the agenda may do so in person by providing sufficient copies for all Councilmembers, the City Manager, the City Attorney, and the City Clerk.

6.2 Public Comment for Agenda Items. Any member of the public may address the City Council on agenda items appearing on the City Council agenda. After the staff presentation and any clarifying factual/technical questions by the City Council, the Presiding Officer shall then solicit public comment. Each speaker under this public comment period shall be limited to no more than three (3) minutes for each speaker, unless the Presiding Officer determines that good cause exists to extend the time and doing so will not be arbitrary or unfair. The Presiding Officer may allow additional time for the spokesperson of a group if doing so will limit the number of persons speaking and avoid repetitious presentations. Public comment will be taken first by those physically in City Council Chambers during the time the item is called. Public comment will then be opened up to those viewing the meeting via remote public participation options or listening in telephonically and will similarly be limited to three (3) minutes.

Unless mandated by law, this remote participation is done as a courtesy only and is not guaranteed. The City reserves the right to terminate this medium at any time and for any reason.
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6.3 Procedure. Upon addressing the City Council, each speaker may choose to state his or her name and city of residence and then identify the subject or subjects upon which he or she intends to speak. Speakers shall address their comments or questions to the City Council as a whole, and not to any particular Council or staff member or to the audience.

SECTION 7. PUBLIC HEARINGS.

Matters which are required to be heard in a noticed public hearing shall be conducted in the following manner:

7.1 Time for Consideration. Matters noticed as public hearings shall commence no earlier than the time specified in the notice of hearing, or as soon thereafter as is reasonably possible, and shall continue until the same has been completed or until other disposition of the matter has been made.

7.2 Continuance of Hearings. Any public hearing being held or noticed or ordered to be held by the City Council may, by order or notice of continuance, be continued or re-continued to any subsequent meeting.

7.3 Conduct of Hearings. When a matter for public hearing comes before the City Council, the Presiding Officer shall open the public hearing and follow the process as legally required.

7.4 Written Evidence. All persons interested in the matter being heard by the City Council shall be entitled to submit written evidence of any kind. All such evidence presented shall be retained by the City Clerk as part of the Clerk's record.

7.5 Definition of "Ex Parte" Communication. "Ex parte communication" shall mean any oral or written communication between a member of the Council and any person, which meets all of the following requirements: (i) it is directed toward the merit or outcome of a quasi-judicial matter within the Council's jurisdiction; (ii) an application, recommendation or appeal on the matter has been submitted to the Council; (iii) the communication imparts substantive factual information which constitutes the basis of or otherwise influences the Councilmember's deliberation or decision on the matter; (iv) the information is not included in the staff report or other written materials contained in the agenda of the meeting at which the matter is to be heard or otherwise on the official record of the proceeding on the matter; and (v) the communication does not occur in a public meeting as defined in the Ralph M. Brown Act (California Government Code Section 54950, et seq.).

SECTION 8. PROCEDURES FOR THE CONDUCT OF MEETINGS.

8.1 Robert's Rules. Unless otherwise specified in this Resolution or by other ordinance or resolution, meetings of the City Council will be conducted to the 890

extent practicable in accordance with the most recently revised edition of Robert's Rules of Order. In the event of any conflict between Robert's Rules and this Resolution, the Municipal Code or of State law, the latter three sources of authority shall govern.

8.2 Motions. The Mayor or any member of the Council may bring a properly agendized matter of business before the Council by making a motion. Before the matter can be considered or debated it must be seconded. Once the motion has been properly made and seconded, the Presiding Officer shall open the matter for debate offering the first opportunity to debate to the moving party and, thereafter, to any Councilmember properly recognized by the Presiding Officer. Debate shall be closed upon consent (implicit or explicit) of a majority of the City Council. Once the matter has been fully debated and the Presiding Officer calls for a vote, no further debate will be allowed, unless the Council overrules the Presiding Officer by a majority vote. A motion that results in a tie vote does not pass.

8.3 Voting. Every Councilmember should vote unless disqualified by reason of a financial or common law conflict of interest. A Councilmember may change his or her vote prior to the time that the Presiding Officer or City Clerk announces the outcome of the vote on the motion, and not after.

SECTION 9. DECORUM.

9.1 Rules for City Councilmembers. Members of the City Council shall conduct themselves in an orderly and businesslike manner to ensure that the business of the City shall be attended to efficiently and thoroughly and to ensure that the integrity of the deliberative process of the City Council is maintained at all times.

Members of the Council shall maintain a polite, respectful and courteous manner when addressing one another, City staff and members of the public during meetings. a. Role of the Presiding Officer. The Presiding Officer of the City Council, who shall be the Mayor, or in the Mayor's absence the Mayor Pro Tempore, or in their absence any other member designated by the City Council, shall be responsible for maintaining the order and decorum of meetings. It shall be the duty of the Presiding Officer to ensure that the rules of operation and decorum contained herein are observed. The Presiding Officer shall maintain control of communication between Councilmembers and between the Council, staff and the public. b. Communication with Councilmembers.
1) Councilmembers should request the floor of the Presiding Officer before speaking.
2) A Councilmember who is speaking shall attempt to avoid repetition and shall endeavor to limit his or her comments to the subject matter 891

at hand. Councilmembers should endeavor to express their views without engaging in lengthy debates.
3) When one Councilmember is speaking, other Councilmembers shall not interrupt or otherwise disturb the speaker.

9.2 Communication with Members of the Public Addressing the Council. a. Councilmembers may, after requesting the floor of the Presiding Officer, question a person addressing the Council at the conclusion of the person's comments or upon expiration of the person's time to speak. b. Councilmembers shall not engage the person addressing the Council in a dialogue with the City Council or City staff but shall confine communication to a question-and-answer format.
c. If a member of the audience has addressed the Council on matters which are not on the agenda, Councilmembers shall refrain from extended discussions of the matter. If a Councilmember so wishes, the Councilmember may, during the Future Agenda Items portion of the meeting, direct the City Manager to place the matter on the next agenda.

9.3 Rules for City Staff.
a. Decorum. City staff shall not engage in public dialogue or debate with members of the public during public meetings. When addressed by the Council, staff shall respond in a polite and respectful manner, b. Role of the City Manager. The City Manager's duties during City Council meetings include keeping a record of concerns raised by the Council regarding staff matters and directions for future staff action.

9.4 Rules for the Public.
a. Members of the Audience. Members of the audience shall not engage in disorderly or boisterous conduct, including the utterance of loud, threatening or abusive language, whistling, stamping of feet or other acts which disturb, disrupt, impede or otherwise render the orderly conduct of the City Council meeting unfeasible. A member of the audience repeatedly or continuously engaging in any such conduct shall, at the discretion of the Presiding Officer or a majority of the City Council, be subject to ejection from that meeting.
b. Persons Addressing the City Council.
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1) Any person wishing to speak shall approach the speaker podium when called upon by the Presiding Officer.
2) No person shall address the City Council without first being recognized by the Presiding Officer.
3) Each person addressing the City Council shall do so in an orderly manner and shall not make repetitious, slanderous or irrelevant remarks, or engage in any other disorderly conduct which disrupts, disturbs or otherwise impedes the orderly conduct of the Council meetings. Any person who so disrupts the meeting may, at the discretion of the Presiding Officer or a majority of the City Council, be subject to ejection from that meeting.
4) Persons addressing the City Council shall adhere to the time limit established for public comment and conclude their comments when requested to do so by the Presiding Officer.

9.5 Enforcement.
a. Upon a violation of the rules of order and decorum established in Section

9.4 of this resolution, the procedure to enforce the rules is as follows:
1) Warning. The Presiding Officer shall request that a person who is violating the rules of decorum cease such conduct. If after receiving a warning from the Presiding Officer, the person persists in the violation, the Presiding Officer shall order the person to leave the City Council meeting. If the person does not leave the meeting, the Presiding Officer may order any law enforcement officer who is on duty at the City Council meeting as sergeant-at-arms to remove the person from the City Council chambers.
2) Removal. Any law enforcement officer who is serving as sergeant-atarms at the City Council meeting shall carry out the orders and instructions given by the Presiding Officer for the purpose of maintaining order and decorum. Upon instruction of the Presiding Officer, it shall be the duty of the sergeant-at-arms to remove from the City Council meeting any person who is disturbing the proceedings of the City Council.
3) Resisting Removal. Any person who resists removal by the sergeantat-arms may be charged with any applicable ordinance or law. 4) Motion to Enforce. If the Presiding Officer of the City Council fails to enforce the rules of order and decorum set forth above, any member of the City Council may move to require the Presiding Officer to do so, 893

and an affirmative vote of a majority of the City Council shall require the Presiding Officer to do so. If the Presiding Officer fails to carry out the will of the majority of the City Council, the majority may designate another member of the City Council to act as Presiding Officer for the purpose of enforcing the rules of order and decorum established above.
5) Clearing the Room. If a meeting of the City Council is disturbed or disrupted in such a manner as to make infeasible or improbable the restoration of order, the Presiding Officer or a majority of the City Council may exercise the authority granted in the California Government Code Section 54957.9 by ordering the meeting room cleared and continuing in session in the manner authorized by Section 54957.9 of the Government Code. Members of the press shall be permitted to remain unless they have participated in the disruption.

SECTION 10. To the extent feasible (i.e., technical and staffing limitations, nature of the agenda and business before the body, need, etc.) all subsidiary boards and commissions in the City shall adhere to these rules of order and decorum for their respective meetings.

SECTION 11. 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 a minute of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted.

PASSED, APPROVED and ADOPTED this 23rd Day of January, 2024.

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
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City of Hermosa Beach
Civic Center, 1315 Valley Dr., Hermosa Beach, CA 90254 HermosaBchCity o: 310-318-0216 | hermosabeach.gov HermosaBeachCity
MEMO
Date: December 11, 2023
To: Honorable Mayor and Members of the City Council
From: Myra Maravilla, City Clerk
Re: 12/12/23 Agenda, Item 14e – SUPPLEMENTAL INFORMATION FOR

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
The purpose of this memo is to provide an updated attachment “Allowance of Remote Participation Survey” containing additional information and clarification regarding the use of remote (Zoom) participation.

To ensure uniform interpretation, cities and towns indicating discontinued use of remote (Zoom) participation since the end of the COVID-19 emergency were further analyzed. An additional analysis was conducted to determine whether those cities continue to offer the platform as an additional viewing/streaming option for members of the public. Staff manually reviewed each city’s agenda to identify whether it offered remote participation (i.e. receiving comments) or remote streaming and viewing only.

Additionally, staff manually verified survey results for accuracy and several cities were moved under the correct highlighted response for one or more questions.

Some of the cities updated by staff include San Bernardino, Hesperia, San Rafael, and Laguna Beach.

In addition to minor updates within the survey, the attachment includes the additional analysis on page 8 of the attachment.
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(Updated 12/11/23) Page 1 of 8
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
896
(Updated 12/11/23) Page 2 of 8
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?
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(Updated 12/11/23) Page 3 of 8
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 Bernardino

26. San Bruno

27. San Dimas

28. San Rafael

29. Scotts Valley

30. St. Helena

31. Tulare

32. 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

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 Fernando

18. Santa Cruz

19. Saratoga

20. Sunnyvale
32 21
20 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?
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(Updated 12/11/23) Page 4 of 8
Question 2 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 (see SUPPLEMENTAL data on page 8).

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? 899
(Updated 12/11/23) Page 5 of 8
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
Question 3 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.
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(Updated 12/11/23) Page 6 of 8
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. Inland Empire
Utilities Agency

18. Lakeport

19. Laguna Beach

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. 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 Bernardino

26. San Bruno

27. San Dimas

28. San Rafael

29. St. Helena

30. Tulare

31. Victorville
Response: Yes

1. Manhattan Beach

2. Norwalk

3. San Bernardino
29 41
3 0
10 20
30 40
50 Not Applicable
(In Person Only)
No Yes
If your City Council and/or Boards and
Commissions currently allow Zoom public
participation, are they looking to revert to in-person
public comment only?
901
(Updated 12/11/23) Page 7 of 8
Question 4 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 nonagendized 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. 902
(Updated 12/11/23) Page 8 of 8
SUPPLEMENTAL: Of the 25 cities indicating they allowed Zoom public participation for City Council during COVID-19 and have since discontinued it, how many enable Zoom for viewing/streaming only?
Zoom was discontinued
for public participation
and is not offered as a
viewing option.

1. Citrus Heights

2. Danville

3. Firebaugh

4. Gardena

5. Lake Elsinore

6. Lawndale

7. Napa

8. Perris

9. Port Hueneme

10.Rolling Hills

11.San Dimas

12.St. Helena

13.Victorville
Zoom is available for
streaming only.

1. Farmersville

2. Fremont

3. Irwindale

4. Morgan Hill

5. Oceanside

6. Patterson

7. Petaluma

8. San Bruno

9. San Rafael

10.Scotts Valley
Zoom is available when
a member is
teleconferencing into a
meeting.

1. El Segundo

2. Newark
SUPPLEMENTAL Analysis: The supplemental information provided was manually researched by the City Clerk’s office and was not a part of the survey. Of the 66 cities or jurisdictions that offered Zoom public participation during COVID-19, 25 have discontinued its use. 10 of the 25 cities or jurisdictions have maintained Zoom as an additional viewing/streaming option for members of the public.

This survey provides information on how other governing bodies have navigated Zoom public participation post COVID-19. However, the total responses have not been verified for statistical significance. This survey collected responses from 71 of 482 California cities/towns (14.94% response rate) and 2 of 3,300 California special districts (.06% response rate) respectively. Even among South Bay cities, there is variance in how the use of the Zoom platform has evolved. 2 10
13 0 2 4 6 8 10 12 14
Zoom is available when a member is
teleconferencing into a meeting.

Zoom is available for streaming only.

Zoom was discontinued for public
participation and is not offered as a
viewing option.

Of the cities indicating they allowed Zoom public
participation during COVID-19 and have since
discontinued it, how many enable Zoom for
viewing/streaming only?
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906
907
908
909
910
911
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RESOLUTION NO. 15-6988 CITY OF HERMOSA BEACH
A RESOLUTION NO. RES-24-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA

BEACH, CALIFORNIA, ESTABLISHING RULES FOR THE CONDUCT OF

CITY COUNCIL MEETINGS AND SUBSIDIARY BOARDS AND

COMMISSIONS
WHEREAS, all

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

The following rules of order and decorum for the conduct of City Council meeting agenda typesmeetings are
hereby adopted:

TABLE OF CONTENTS
Page
SECTION 1. posted SCOPE 3
SECTION 2. MEETINGS

2.1 Regular Meetings 3

2.2 Special Meetings 3

2.3 Special Emergency Meetings 3

2.4 Closed Sessions 3

2.5 Quorum 4

2.6 Adjourned Meetings 4
SECTION 3. POSTING OF NOTICE AND AGENDA

3.1 Posting of Notice and noticed in accordanceAgenda
4 3.2 Location of Posting 4

3.3 Posting for Regular meetings 4

3.4 Posting for Special meetings 4

3.5 Affidavit of Posting 4
SECTION 4. AGENDA - CONTENTS

4.1 Description of Matters 5

4.2 Availability of Agenda 5

4.3 Limitations of Actions by Agenda 5

4.4 Submittal of Written Materials by the Public 5
SECTION 5. ORDER OF BUSINESS
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5.1 Commencement of Meeting 5

5.2 Order of Business 6
a. Call to Order 6
b. Pledge of Allegiance 6
c. Roll Call 6
d. Report of Closed Session 6
e. Announcements 6
f. Presentations 6
g. Public Participation 6
h. Consent Calendar 6
i. Public Hearings 6
j. Excluded Consent Calendar 6
k. Municipal Matters 7
l. City Manager's Report 7
m. Councilmember Comments 7
n. Other Matters from City Council 7
o. Adjournment 7
SECTION 6. PUBLIC COMMENT

6.1 Public Comment 7

6.2 Limitations 7

6.3 Procedure 7

6.4 Written communications to Council 7
SECTION 7. PUBLIC HEARINGS

7.1 Time for consideration 8

7.2 Continuance of Hearings 8

7.3 Conduct of Hearings 8

7.4 Evidence 9

7.5 Definition of "Ex Parte" Communication 9
SECTION 8. PROCEDURES FOR CONDUCT OF MEETINGS

8.1 Robert's Rules 9

8.2 Motions 9

8.3 Voting 10

8.4 Adjournment 10
SECTION 9. DECORUM

9.1 Rules for City Councilmembers 10
a. Role of the Presiding Officer 10
b. Communication with local and State law; andCouncilmembers 10 WHEREAS, established meeting9.2 Communication with Members of the Public Addressing 10
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the Council

9.3 Rules for City Staff 11
a. Decorum 11
b. Roles of the City Manager 11

9.4 Rules for the Public 11
a. Members of the Audience 11
b. Persons Addressing the City Council 11

9.5 Enforcement 11
SECTION 1. SCOPE.

1.1 This Resolution shall establish the procedures followfor the conduct of all meetings of
the City Council of the City of Hermosa Beach. The purpose of this Resolution is to provide that the City Council's meeting procedures will be consistent with the Brown Act in accordance with (Government Code Section 54950 et seq.;.) and WHEREAS, this Resolution establishes the procedures for the conduct of all meetings of the City Council and its subsidiary Boards and Commissions and establishes establish procedures that will be convenient for the public and contribute to the orderly conduct of the City’sCity's business; and
WHEREAS, the. The procedures herein are in addition to, and not in place of, applicable ordinances and statutes, and in the event of conflict between this Resolution and applicable ordinances or statutes, the latter shall govern.

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

The following rules of order and decorum for the conduct of City Council meetings are hereby adopted.
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SECTION 1. SCOPE.

1.1 RESOLUTION NO. 15-6988 is hereby rescinded and the rules of order and decorum for City Council meetings and other City Boards and Commissions are hereby adopted.

SECTION 2. MEETINGS.

2.1 Regular Meetings. Pursuant to the authority set forth in Municipal Code section

2.04.010, the City Council shall conduct its meetings pursuant to the dates and times fixed by Resolution and approved by the City Council each December for the following year.Regular meetings on the 2nd and 4th Tuesdays of each month. The Regular meetings of the City Council shall commence at 6:00 p.m. Only Closed Sessions (and public comment associated therewith) and Study Sessions may be held between 6:00 p.m. and 7:00 p.m. (and no other public agenda items) unless a Regular meeting is adjourned to or a Special meeting called for that time. No Closed Session or Study Session will be held during that hour unless the posted agenda of that evening's Regular meeting indicates that such session will take place; in the absence of such notification in the agenda, the Regular meeting shall commence at the hour of 7:00 p.m. Regular meetings shall be conducted in the location set forth in Municipal Code section 2.04.020. Closed Sessions shall be conducted in the location identified onin the agenda.

2.2 Other Meetings. All other meeting types shall be called and noticed according to applicable local and State law.

2.3 2.2 Special Meetings. A Special meeting may be called at any time by the Presiding Officer or by any three members of the City Council. Written notice of any such meeting must be given to all members of the City Council and to all newspapers, radio and television stations, or other public media of general Hermosa Beach coverage who have submitted a written request to the City Clerk for such notification. Such notice may be given either personally or by mail, but must be received at least 24 hours before the time set for the Special meeting. The call and notice shall specify the time and place of the Special meeting and the business to be transacted. Such notice is not necessary for any member who 925

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submits a written waiver of notice to the City Clerk at or before the time set for the meeting or for any member who is actually present at the special meeting.

2.3 Emergency Meetings. An emergency meeting may be called by the Presiding Officer or by a majority of the City Council where there exists:
a. a work stoppage, crippling disaster or other activity which severely impairs public health, safety or both, as determined by the City Council; or b. such other circumstances specified by State law as authorizing the conduct of an emergency meeting. Any special emergency meeting shall be called, noticed and conducted in accordance with procedure set forth in State law.

2.4 Closed Sessions. The City Council may hold Closed Sessions during a Regular or Special meeting, or at any time otherwise authorized by law, to consider or hear any matter which it is authorized by State law to hear or consider in Closed Session. During Closed Session, the City Council may exclude any person or persons which it is authorized by State law to exclude from a Closed Session. The City Manager shall keep a record of action taken and the vote thereon. The City Attorney shall make such reports as are required by the Brown Act.

2.5 Quorum. Three members of the City Council shall constitute a quorum and shall be sufficient to transact business. If fewer than three Councilmembers appear at a Regular meeting, any member, or if all members are absent, the City Clerk, shall adjourn the meeting to a stated day and hour. All Council actions require the affirmative votes of a majority of the quorum, with the exception of those actions required by State law to have a specific minimum number of votes.

2.4 Recording of Meetings.2.6 Adjourned Meetings. The City Council may adjourn any Regular, Adjourned Regular, Special or Adjourned Special meeting to a time and place specified in the order of adjournment. If a quorum is not present, less than a quorum may so adjourn. If all members are absent from any Regular or Adjourned Regular meeting, the City Clerk may declare the meeting adjourned to a stated time and place and shall cause a written notice of the adjournment to be delivered personally to each Councilmember. A copy of the order or notice of adjournment shall be conspicuously posted on or near the door of the place where the Regular, Adjourned Regular, Special or Adjourned Special 926

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meeting was held, within twenty-four (24) hours after the time of adjournment. When a Regular or Adjourned Regular meeting is adjourned as provided herein, the resulting Adjourned Regular meeting shall be a Regular meeting for all purposes. When an order of adjournment of any meeting fails to state the hour at which the Adjourned meeting is to be held, it shall be held at the hour specified for Regular meetings.

2.7 Recording of Meetings. All open and public meetings of the City Council shall be cablecast and webcast live or videorecorded for airing on the City's government channel and viewing on the City's website. In thethat event that technical difficulties beyond the City's control prevent the cablecasting, webcasting and/or recording of a meeting, the City Attorney, in consultation with the City Manager and City Council, may determine in its discretion decide whether or not to proceed with the meeting pursuant to State law.

SECTION 3. POSTING NOTICE AND AGENDA.

3.1 Posting of Notice and Agenda. For every Regular meeting, the City Clerk or his/her designee shall post an agenda containing a brief description of all of the items of business to be discussed at the meeting. For every Special meeting, the City Clerk or designee shall post a notice of the meeting, specifying the time and place at which the meeting will be held, and an agenda containing a brief description of all the items of business to be discussed at the meeting. The notice and agenda for a Special meeting may be combined in a single document.

3.2 Location of Posting. The City Clerk shall designate the location between City Hall and the Police Department as the City’s official physical posting location, which is a place The notice and agenda shall be posted in a place to which the public has unrestricted access during at least normal business hours and where postingsthe notice and agenda are not likely to be removed or obscured by other posted material. The Specifically, the notice and agenda shall be posted at the places indicated below, and/or at such other locations(s) as the City Clerk may designate:

City Hall, the Police Station, and the City library. The agenda shall also be posted on the City's website shall serve as the digital posting location.

3.3 Posting for Regular Meetings. For any Regular meeting of the City Council, the notice and agenda shall be posted no later than seventy-two (72) hours prior to the time set for the meeting.
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3.4 Posting for Special Meetings. For any Special meeting of the City Council, the notice and agenda shall be posted no later than twenty-four (24) hours prior to the time set for the meeting.

3.5 Affidavit of Posting. Immediately following the posting of the notice and agenda, the City Clerk or designee shall complete an Affidavit of Posting, in a form developed by the City Clerk. The Affidavit of Posting shall indicate the time of the posting, the location(s) of the posting, and shall be signed under penalty of perjury. The City Clerk shall retain all such affidavits, together with a copy of each notice and agenda so posted, in his or her files. The affidavit notice and agenda shall be retained at least two (2) years subsequent to the date of posting, and pursuant to Government Code Section 34090, shall not be destroyed by the City Clerk thereafter without the written consent of the City Attorney.

SECTION 4. WRITTEN COMMENTS AGENDA - CONTENTS.

4.1 Description of Matters. All items of business to be discussed at a meeting of the City Council shall be briefly described on the agenda. The description should contain sufficient detail so that a person otherwise unaware could determine the general nature or subject matter of the item by reading the agenda. Closed Session agenda items shall be described with particularity to the extent feasible without compromising the confidentiality of the Closed Session.

4.2 Availability of Agenda. The agenda of each Regular meeting shall be made available to the public not later than the Friday preceding the Council meeting.

4.3 Limitation of Actions by Agenda. No action shall be taken by the City Council on any item not appearing on a posted agenda, subject only to the exceptions listed below:
a. Upon a majority determination that an "emergency situation," as defined by State law, exists.
b. Upon a determination by a two-thirds (2/3) vote of the members present, or if less than two-thirds of the members are present, by unanimous vote, that there is a need to take immediate action and that the need to take action came to the attention of the City subsequent to the agenda posting. If the City Council makes a determination pursuant to this subsection, the minutes of the meeting at which the determination is made shall reflect what circumstances gave rise to the need to take action after the agenda was posted.
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c. Where the item upon which action is to be taken was included on a properly posted agenda for a prior meeting of the City Council occurring not more than five (5) calendar days prior to the date of the meeting at which action is to be taken, and at the prior meeting the item was continued to the meeting at which action is being taken.

4.4 Submittal of Written CommentsMaterials by the Public. Written comments shall include emails, ecomments, or lettersmaterials pertaining to matters listed on the agenda of a Regular City Council meeting must be submitted by noon of the Tuesday before the meeting in order to be included in the agenda packet. However, written materials received after that deadline will nonetheless be posted under the relevant agenda item on the City's website at the same time as they are distributed to the City Council and provided to the City Council and the public at the meeting. Written correspondence of a general nature addressed to the City Council. The subject of each written comment should refer to an item listed on the agenda for a specific City Council meeting. All written comments should be addressed to the City Council and submitted to the City Clerk. will be handled in accordance with section 6.4.

4.2 Timeline for Submitting Written Comments. All written comments should be submitted to the City Clerk by the deadline set forth on the meeting agenda. Instructions for submitting a written comment shall be included in the agenda, delivered to the City Council, and made public before the meeting.

SECTION 5. ORDER OF BUSINESS.

5.1 5.1 Commencement of Meeting. In the event that the posted agenda calls for a Closed Session, the Mayor or the City Attorney shall announce the intention of the City Council to recess into a Closed Session and shall state the basis therefore. Public comment shall be taken on the Closed Session agenda.

At the time set for each Regular meeting, the Councilmembers, City Manager, City Attorney and City Clerk shall take their regular places in the Council Chamber. The Presiding Officer shall call the meeting to order and the business of the Council shall be taken up for consideration and disposition in the order set forth in Section 5.2 except that with the consent of a majority of the Council, items may be taken up out of order.

5.2 Order of Business. The order of business at meetings of the City Council shall be as follows, in accordance with the procedures specified below:
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a. CALL TO ORDER
The Presiding Officer shall call the meeting to order.
b. PLEDGE OF ALLEGIANCE
The Presiding Officer shall designate a person to lead the Pledge of Allegiance. c. ROLL CALL
The City Clerk shall call the roll of the City Council beginning with Councilmembers, and the names of those present shall be entered on the minutes. The order of roll call shall be alphabetical with the Mayor Pro Tempore called fourth and the Mayor called last.

Members present and absent shall be entered into the minutes. d. REPORT OF CLOSED SESSION REPORT
The Mayor or the City Attorney shall announce the basis for the Closed Session and those actions taken as are required to be reported by the Brown Act. e. ANNOUNCEMENTS
Councilmembers may make any announcements at this time.

1. APPROVAL OF AGENDA
The City Council may change the order in which it takes up items on the agenda, remove and/or continue agenda items.

PROCLAMATIONS/f. PRESENTATIONS
This time is reserved for the reading and awarding of proclamations and commendations for members of the community, service organizations and others that have merited recognition by the Council. In addition, visiting dignitaries may be introduced at this time.

2. CITY MANAGER REPORT
The City Manager and staff may provide brief progress reports on City business. g. PUBLIC COMMENTPARTICIPATION
Oral and written comments from members of the public are accepted here as set forth in Section 6, herein. All comments from members of the public relative to Consent Calendar items 930

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must be heard at this time unless a Councilmember agrees to remove a Consent Calendar item at the request of a member of the public made at this time.

3. CITY COUNCILMEMBER COMMENTS
Councilmembers may briefly respond to public comments, ask a question for clarification or make brief announcements or report on activities or meetings attended.
h. CONSENT CALENDAR
The City Council may approve items Items of a routine nature may be approved by the City Council in a single motion
by adoptingadoption of the Consent Calendar. Before The approval of the Consent Calendar, the City Council may pull an item(s) for separate discussion. shall signify the approval of each matter or recommendation included therein.

4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE

DISCUSSION
Items removed from the Consent Calendar for separate discussion shall be heard at this time.
i. PUBLIC HEARINGS
The Council shall conduct all public hearings as set forth in Section 7. j. EXCLUDED CONSENT CALENDAR
Items removed from the Consent Calendar for discussion shall be heard at this time. k. MUNICIPAL MATTERS
The Council shall take up all matters of new and old business.

5. FUTURE AGENDA ITEMS
Two Councilmembers may directl. CITY MANAGER’S REPORT
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This section is set aside for the City Manager to update the Council on important items initiated by staff to bring back an informational itemor previously requested by the City Council.
m. COUNCILMEMBER COMMENTS
This portion of the meeting shall be set aside for general comments, reports of meeting attendance, requests of staff, and/or other issues of concern from members of the City Council, and brief responses to audience comments. No extensive discussion of these comments is permitted.
n. OTHER MATTERS FROM CITY COUNCIL
Direction from the City Council to place items of business on a future agenda shall be given at this time by a majority of the Council may direct staff to bring back an action item. .

No discussion, action or public comments shall be taken at this time. o. ADJOURNMENT
SECTION 6. PUBLIC COMMENT.

This time is set aside for the public to address the Council on any item of interest within the subject matter jurisdiction of the Council that could not be heard under Item 9 during the first public participation item because there were too many prior public speakers and the thirty minute maximum time limit was exhausted.

6. ADJOURNMENT
SECTION 6. PUBLIC COMMENT.

6.1 General Public Comment. During the first general Public CommentParticipation section of the agenda, any member of the public may address the City Council on items appearing on the Consent Calendar. Comments concerning other items on the agenda will be heard at the time the item is considered during the course of the meeting; however, they may be offered at this time if the member of the public cannot be in attendance later in the evening. At this time, members 932

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Members of the public may also comment upon any other items of interest that are within the subject matter jurisdiction of the City Council. at this time. Any Councilmember may request that matters addressed under Public CommentParticipation be placed for information or action on a subsequent agenda under FUTURE AGENDA ITEMS; however, no action shall be taken on items not appropriately placed on the agenda except uponin a majority determination that an “emergency situation” exists as defined by State law. described in Section 4.3.

6.2 Limitations. The public comment period during the general Public Comment shall be limited to no more than two (2) three (3)
minutes for each speaker, unless the Presiding Officer determines that good cause exists to extend the time and doing so will not be arbitrary or unfair.

Further, this first Public Comment section shall be limited to a total of thirty (30) minutes. The Presiding Officer also may allow additional time for the spokesperson of a group if doing so will limit the number of persons speaking and avoid repetitious presentations. Unless required by law, public comment will only be taken by those physically in City Council Chambers. Those viewing the meeting via remote public participation options or listening in telephonically will not be allowed to make general public comments.

Pictures and pre-recorded videos will not be digitally displayed in the Council Chambers during the meeting. However, members of the public can send such items to the City Clerk for distribution to the City Council by the deadline listed on the agenda for the City Council meeting.

Members of the public wishing to distribute materials to the City Council after the deadline set forth on the agenda may do so in person by providing sufficient copies for all Councilmembers, the City Manager, the City Attorney, and the City Clerk.

6.2 Public Comment for Agenda Items. Any member of the public may address the City Council on agenda items appearing on the City Council agenda. After the staff presentation and any clarifying factual/technical questions by the City Council, the Presiding Officer shall then solicit public comment. Each speaker under this public comment period shall be limited to no more than three (3) minutes for each speaker, unless the Presiding Officer determines that good cause exists 933

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to extend the time and doing so will not be arbitrary or unfair. The Presiding Officer may allow additional time for the spokesperson of a group if doing so will limit the number of persons speaking and avoid repetitious presentations. Public comment will be taken first by those physically in City Council Chambers during the time the item is called. Public comment will then be opened up to those viewing the meeting via remote public participation options or listening in telephonically and will similarly be limited to three (3) minutes. Unless mandated by law, this remote participation is done as a courtesy only and is not guaranteed. The City reserves the right to terminate this medium at any time and for any reason.

6.3 Procedure. Upon addressing the City Council, each speaker may choose to state his or her name and city of residence and then identify the subject or subjects upon which he or she intends to speak. Speakers shall address their comments or questions to the City Council as a whole, and not to any particular Council or staff member or to the audience.

6.4 Written Communication to Council. Persons who wish to address an issue to the City Council for the official record may submit written material to the Council in lieu of or in addition to speaking under the Public Participation section of the meeting. Such written correspondence must be delivered to the City Clerk by noon of the Tuesday one week before the Regular Council meeting in order to be included on the agenda.

SECTION 7. PUBLIC HEARINGS.

Matters which are required to be heard in a noticed public hearing shall be conducted in the following manner:

7.1 Time for Consideration. consideration. Matters noticed as public hearings shall commence no earlier than the time specified in the notice of hearing, or as soon thereafter as is reasonably possible, and shall continue until the same has been completed or until other disposition of the matter has been made.

7.2 Continuance of Hearings. Any public hearing being held or noticed or ordered to be held by the City Council may, by order or notice of continuance, be continued or re-continued to any subsequent meeting in the manner provided for under Section 2.6. 934

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7.3 Conduct of Hearings. When a matter for public hearing comes before the City Council, the Presiding Officer shall open the public hearing and follow the process as legally required.:
a. Call for a report on noticing from the City Clerk.
b. Call for a report on written communications received by the City pertaining to the item being heard.
c. With respect to quasi-judicial matters, request that each Councilmember report on any ex parte communications, as defined in Section 7.5. d. Request that staff present the staff report and any other relevant evidence.

Presentation of the staff report prior to the formal opening of the public hearing shall not prevent its consideration as evidence. Any such evidence shall be made a part of the record of the public hearing.
e. The Presiding Officer shall then recognize the proponents or appellants in the case, who shall be permitted ten (10) minutes to present evidence related to the matter under consideration.
f. The Presiding Officer shall then recognize members of the public. No person may speak without first being recognized by the Presiding Officer. Members of the City Council who wish to ask questions of the speakers or each other during the public hearing may do so.

Members should be mindful that the purpose of the public hearing is to obtain testimony, and not to debate the merits of the item under consideration. Members should avoid debate and expressions of personal opinion until after the close of the public testimony portion of the public hearing. The Presiding Officer shall conduct the hearing in such a manner as to afford due process to all affected persons. Comments from the public shall be limited to three (3) minutes per speaker for public hearings, unless the City Council affirmatively decides otherwise. g. Following public comments, the proponents or appellants may present a wrap-up or rebuttal statement, not to exceed five (5) minutes in length. h. The Presiding Officer shall then close the public testimony portion of the public hearing.Councilmembers may still, however, ask questions of staff or members of the public.

Upon conclusion of Council deliberations and immediately prior to a motion, the Presiding Officer shall formally close the public hearing. Upon formally closing the public hearing, no additional 935

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public testimony shall be solicited or received without reopening the hearing. The hearing may not be reopened unless it is determined that no one in the audience has left the room since closure of the hearing. In the event the Presiding Officer is unable to make that finding, the hearing may not be reopened unless it is renoticed for a future meeting. i. The City Council shall then take action.

7.4 Written Evidence. All persons interested in the matter being heard by the City Council shall be entitled to submit written evidence of any kind. All such evidence presented shall be retained by the City Clerk as part of the Clerk's record.

7.5. Definition of "Ex Parte" Communication. "Ex parte communication" shall mean any oral or written communication between a member of the Council and any person, which meets all of the following requirements: (i) it is directed toward the merit or outcome of a quasi-judicial matter within the Council's jurisdiction; (ii) an application, recommendation or appeal on the matter has been submitted to the Council; (iii) the communication imparts substantive factual information which constitutes the basis of or otherwise influences the Councilmember's deliberation or decision on the matter; (iv) the information is not included in the staff report or other written materials contained in the agenda of the meeting at which the matter is to be heard or otherwise on the official record of the proceeding on the matter; and (v) the communication does not occur in a public meeting as defined in the Ralph M. Brown Act (California Government Code Section 54950, et seq.).

SECTION 8. PROCEDURES FOR THE CONDUCT OF MEETINGS.

8.1 Robert's Rules. Unless otherwise specified in this Resolution or by other ordinance or resolution, meetings of the City Council will be conducted to the extent practicable in accordance with the most recently revised edition of Robert's Rules of Order. In the event of any conflict between Robert's Rules and this Resolution, the Municipal Code or of State law, the latter three sources of authority shall govern.

8.2 Motions. The Mayor or any member of the Council may bring a properly agendized matter of business before the Council by making a motion. Before the matter can be considered or debated it must be seconded. Once the motion has been properly made and seconded, the Presiding Officer shall open the matter for debate offering the first opportunity to debate to the moving party 936

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and, thereafter, to any Councilmember properly recognized by the Presiding Officer. Debate shall be closed upon consent (implicit or explicit) of a majority of the City Council. Once the matter has been fully debated and the Presiding Officer calls for a vote, no further debate will be allowed, unless the Council overrules the Presiding Officer by a majority vote. A motion that results in a tie vote does not pass.

8.3 Voting. Every Councilmember should vote unless disqualified by reason of a financial or common law conflict of interest. A Councilmember may change his or her vote prior to the time that the Presiding Officer or City Clerk announces the outcome of the vote on the motion, and not after.

8.4 Adjournment. The City Council shall adjourn each Regular meeting by 10:30 p.m. unless a majority of the members present vote to extend the adjournment time. Notwithstanding the foregoing, any item of business commenced prior to 10:30 p.m. may be completed without the necessity of an adjournment extension vote. Upon adjournment, those items of business not completed shall be continued to the next Regular City Council meeting unless the Council schedules the items for an Adjourned meeting to take place prior to the next meeting.

SECTION 9. DECORUM.

9.1 Rules for City Councilmembers. Members of the City Council shall conduct themselves in an orderly and businesslike manner to ensure that the business of the City shall be attended to efficiently and thoroughly and to ensure that the integrity of the deliberative process of the City Council is maintained at all times. Members of the Council shall maintain a polite, respectful and courteous manner when addressing one another, City staff and members of the public during meetings.
a. Role of the Presiding Officer. The Presiding Officer of the City Council, who shall be the Mayor, or in the Mayor's absence the Mayor Pro Tempore, or in their absence any other member designated by the City Council, shall be responsible for maintaining the order and decorum of meetings. It shall be the duty of the Presiding Officer to ensure that the rules of operation and decorum contained herein are observed. The Presiding Officer shall maintain control of communication between Councilmembers and between the Council, staff and the public. b. Communication with Councilmembers.
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1) Councilmembers should request the floor of the Presiding Officer before speaking.
2) A Councilmember who is speaking shall attempt to avoid repetition and shall endeavor to limit his or her comments to the subject matter at hand. Councilmembers should endeavor to express their views without engaging in lengthy debates. 3) When one Councilmember is speaking, other Councilmembers shall not interrupt or otherwise disturb the speaker.

9.2 Communication with Members of the Public Addressing the Council. a. Councilmembers may, after requesting the floor of the Presiding Officer, question a person addressing the Council at the conclusion of the person's comments or upon expiration of the person's time to speak.
b. Councilmembers shall not engage the person addressing the Council in a dialogue with the City Council or City staff, but shall confine communication to a question and answer format.
c. If a member of the audience has addressed the Council on matters which are not on the agenda, Councilmembers shall refrain from extended discussions of the matter. If a Councilmember so wishes, the Councilmember may, during the Future Agenda ItemsCouncilmember Comments or Other Matters portion of the meeting, direct the City Manager to place the matter on the next agenda.

9.3 Rules for City Staff.
a. Decorum. City staff shall not engage in public dialogue or debate with members of the public during public meetings. When addressed by the Council, staff shall respond in a polite and respectful manner,
in a polite and respectful manner.
b. Role of the City Manager. The City Manager's duties during City Council meetings include keeping a record of concerns raised by the Council regarding staff matters and directions for future staff action.

9.4 Rules for the Public.
a. Members of the Audience. Members of the audience shall not engage in disorderly or boisterous conduct, including the utterance of loud, threatening or abusive language, 938

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whistling, stamping of feet or other acts which disturb, disrupt, impede or otherwise render the orderly conduct of the City Council meeting unfeasibleinfeasible. A member of the audience repeatedly or continuously engaging in any such conduct shall, at the discretion of the Presiding Officer or a majority of the City Council, be subject to ejection from that meeting. b. Persons Addressing the City Council.
1) Any person wishing to speak shall approach the speaker podium when called upon by the Presiding Officer.
2) No person shall address the City Council without first being recognized by the Presiding Officer.
3) Each person addressing the City Council shall do so in an orderly manner and shall not make repetitious, slanderous or irrelevant remarks, or engage in any other disorderly conduct which disrupts, disturbs or otherwise impedes the orderly conduct of the Council meetings. Any person who so disrupts the meeting may, at the discretion of the Presiding Officer or a majority of the City Council, be subject to ejection from that meeting. 4) Persons addressing the City Council shall adhere to the time limit established for public comment and conclude their comments when requested to do so by the Presiding Officer.

9.5 Enforcement.
a. Upon a violation of the rules of order and decorum established in Section

9.4 of this resolution, the procedure to enforce the rules is as follows:
1) Warning. The Presiding Officer shall request that a person who is violating the rules of decorum cease such conduct. If after receiving a warning from the Presiding Officer, the person persists in the violation, the Presiding Officer shall order the person to leave the City Council meeting. If the person does not leave the meeting, the Presiding Officer may order any law enforcement officer who is on duty at the City Council meeting as sergeant-at-arms to remove the person from the City Council chambers.
2) Removal. Any law enforcement officer who is serving as sergeantat-arms at the City Council meeting shall carry out the orders and instructions given by the Presiding Officer for the purpose of maintaining order and decorum. Upon instruction of the Presiding Officer, 939

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it shall be the duty of the sergeant-at-arms to remove from the City Council meeting any person who is disturbing the proceedings of the City Council.
3) Resisting Removal. Any person who resists removal by the sergeantat-arms may be charged with any applicable ordinance or law. 4) Motion to Enforce. If the Presiding Officer of the City Council fails to enforce the rules of order and decorum set forth above, any member of the City Council may move to require the Presiding Officer to do so, and an affirmative vote of a majority of the City Council shall require the Presiding Officer to do so. If the Presiding Officer fails to carry out the will of the majority of the City Council, the majority may designate another member of the City Council to act as Presiding Officer for the purpose of enforcing the rules of order and decorum established above.
5) Clearing the Room. If a meeting of the City Council is disturbed or disrupted in such a manner as to make infeasible or improbable the restoration of order, the Presiding Officer or a majority of the City Council may exercise the authority granted in the California Government Code Section 54957.9 by ordering the meeting room cleared and continuing in session in the manner authorized by Section 54957.9 of the Government Code. Members of the press shall be permitted to remain unless they have participated in the disruption.

SECTION 10. To the extent feasible (i.e., technical and staffing limitations, nature of the agenda and business before the body, need, etc.) all subsidiary boards and commissions in the City shall adhere to these rules of order and decorum for their respective meetings.

SECTION 10. Resolution No. 12-6787 is hereby rescinded.

SECTION 11. 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 a minute of the passage and adoption thereof in the records of the proceedings of the City Council at which the sameSame is passed and adopted.
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PASSED, APPROVED andAND ADOPTED this 23rd Day28th day of January, 2024July, 2015.

Mayor Justin Massey
_______________________________________________________________________________ _________________
PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, CACalifornia ATTEST: APPROVED AS TO FORM:
__________________________________ __________________________________ Myra Maravilla Patrick Donegan

City Clerk City Attorney
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Rosenberg’s Rules of Order
REVISED 2011
Simple Rules of Parliamentary Procedure for the 21st Century By Judge Dave Rosenberg
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ii
MISSION and CORE BELIEFS
To expand and protect local control for cities through education and advocacy to enhance the quality of life for all Californians.

VISION
To be recognized and respected as the leading advocate for the common interests of California’s cities.

About the League of California Cities
Established in 1898, the League of California Cities is a member organization that represents California’s incorporated cities.

The League strives to protect the local authority and automony of city government and help California’s cities effectively serve their residents. In addition to advocating on cities’ behalf at the state capitol, the League provides its members with professional development programs and information resources, conducts education conferences and research, and publishes Western City magazine.
© 2011 League of California Cities. All rights reserved.

About the Author
Dave Rosenberg is a Superior Court Judge in Yolo County. He has served as presiding judge of his court, and as presiding judge of the Superior Court Appellate Division. He also has served as chair of the Trial Court Presiding Judges Advisory Committee (the committee composed of all 58 California presiding judges) and as an advisory member of the California Judicial Council. Prior to his appointment to the bench, Rosenberg was member of the Yolo County Board of Supervisors, where he served two terms as chair. Rosenberg also served on the Davis City Council, including two terms as mayor. He has served on the senior staff of two governors, and worked for 19 years in private law practice. Rosenberg has served as a member and chair of numerous state, regional and local boards. Rosenberg chaired the California State Lottery Commission, the California Victim Compensation and Government Claims Board, the Yolo-Solano Air Quality Management District, the Yolo County Economic Development Commission, and the Yolo County Criminal Justice Cabinet. For many years, he has taught classes on parliamentary procedure and has served as parliamentarian for large and small bodies.
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1 Table of Contents
About the Author............................................................................................................ii Introduction....................................................................................................................2 Establishing a Quorum...................................................................................................2 The Role of the Chair......................................................................................................2 The Basic Format for an Agenda Item Discussion........................................................2 Motions in General.........................................................................................................3 The Three Basic Motions................................................................................................3 Multiple Motions Before the Body.................................................................................4 To Debate or Not to Debate............................................................................................4 Majority and Super-Majority Votes ...............................................................................5 Counting Votes................................................................................................................5 The Motion to Reconsider..............................................................................................6 Courtesy and Decorum ..................................................................................................7 Special Notes About Public Input..................................................................................7 944
2 Establishing a Quorum
The starting point for a meeting is the establishment of a quorum.

A quorum is defined as the minimum number of members of the body who must be present at a meeting for business to be legally transacted. The default rule is that a quorum is one more than half the body. For example, in a five-member body a quorum is three.

When the body has three members present, it can legally transact business. If the body has less than a quorum of members present, it cannot legally transact business. And even if the body has a quorum to begin the meeting, the body can lose the quorum during the meeting when a member departs (or even when a member leaves the dais). When that occurs the body loses its ability to transact business until and unless a quorum is reestablished.

The default rule, identified above, however, gives way to a specific rule of the body that establishes a quorum. For example, the rules of a particular five-member body may indicate that a quorum is four members for that particular body. The body must follow the rules it has established for its quorum. In the absence of such a specific rule, the quorum is one more than half the members of the body.

The Role of the Chair
While all members of the body should know and understand the rules of parliamentary procedure, it is the chair of the body who is charged with applying the rules of conduct of the meeting. The chair should be well versed in those rules. For all intents and purposes, the chair makes the final ruling on the rules every time the chair states an action. In fact, all decisions by the chair are final unless overruled by the body itself.

Since the chair runs the conduct of the meeting, it is usual courtesy for the chair to play a less active role in the debate and discussion than other members of the body. This does not mean that the chair should not participate in the debate or discussion. To the contrary, as a member of the body, the chair has the full right to participate in the debate, discussion and decision-making of the body. What the chair should do, however, is strive to be the last to speak at the discussion and debate stage. The chair should not make or second a motion unless the chair is convinced that no other member of the body will do so at that point in time.

The Basic Format for an Agenda Item Discussion
Formal meetings normally have a written, often published agenda.

Informal meetings may have only an oral or understood agenda. In either case, the meeting is governed by the agenda and the agenda constitutes the body’s agreed-upon roadmap for the meeting. Each agenda item can be handled by the chair in the following basic format:

Introduction
The rules of procedure at meetings should be simple enough for most people to understand. Unfortunately, that has not always been the case. Virtually all clubs, associations, boards, councils and bodies follow a set of rules — Robert’s Rules of Order — which are embodied in a small, but complex, book. Virtually no one I know has actually read this book cover to cover. Worse yet, the book was written for another time and for another purpose. If one is chairing or running a parliament, then Robert’s Rules of Order is a dandy and quite useful handbook for procedure in that complex setting. On the other hand, if one is running a meeting of say, a five-member body with a few members of the public in attendance, a simplified version of the rules of parliamentary procedure is in order.

Hence, the birth of Rosenberg’s Rules of Order.

What follows is my version of the rules of parliamentary procedure, based on my decades of experience chairing meetings in state and local government. These rules have been simplified for the smaller bodies we chair or in which we participate, slimmed down for the 21st Century, yet retaining the basic tenets of order to which we have grown accustomed. Interestingly enough, Rosenberg’s Rules has found a welcoming audience. Hundreds of cities, counties, special districts, committees, boards, commissions, neighborhood associations and private corporations and companies have adopted Rosenberg’s Rules in lieu of Robert’s Rules because they have found them practical, logical, simple, easy to learn and user friendly.

This treatise on modern parliamentary procedure is built on a foundation supported by the following four pillars:

1. Rules should establish order. The first purpose of rules of parliamentary procedure is to establish a framework for the orderly conduct of meetings.

2. Rules should be clear. Simple rules lead to wider understanding and participation. Complex rules create two classes: those who understand and participate; and those who do not fully understand and do not fully participate.

3. Rules should be user friendly. That is, the rules must be simple enough that the public is invited into the body and feels that it has participated in the process.

4. Rules should enforce the will of the majority while protecting the rights of the minority. The ultimate purpose of rules of procedure is to encourage discussion and to facilitate decision making by the body. In a democracy, majority rules. The rules must enable the majority to express itself and fashion a result, while permitting the minority to also express itself, but not dominate, while fully participating in the process.
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3 Ninth, the chair takes a vote. Simply asking for the “ayes” and then asking for the “nays” normally does this. If members of the body do not vote, then they “abstain.” Unless the rules of the body provide otherwise (or unless a super majority is required as delineated later in these rules), then a simple majority (as defined in law or the rules of the body as delineated later in these rules) determines whether the motion passes or is defeated.

Tenth, the chair should announce the result of the vote and what action (if any) the body has taken. In announcing the result, the chair should indicate the names of the members of the body, if any, who voted in the minority on the motion. This announcement might take the following form: “The motion passes by a vote of 3-2, with Smith and Jones dissenting. We have passed the motion requiring a 10-day notice for all future meetings of this body.”
Motions in General
Motions are the vehicles for decision making by a body. It is usually best to have a motion before the body prior to commencing discussion of an agenda item. This helps the body focus.

Motions are made in a simple two-step process. First, the chair should recognize the member of the body. Second, the member of the body makes a motion by preceding the member’s desired approach with the words “I move … ”
A typical motion might be: “I move that we give a 10-day notice in the future for all our meetings.”
The chair usually initiates the motion in one of three ways:

1. Inviting the members of the body to make a motion, for example, “A motion at this time would be in order.”

2. Suggesting a motion to the members of the body, “A motion would be in order that we give a 10-day notice in the future for all our meetings.”

3. Making the motion. As noted, the chair has every right as a member of the body to make a motion, but should normally do so only if the chair wishes to make a motion on an item but is convinced that no other member of the body is willing to step forward to do so at a particular time.

The Three Basic Motions
There are three motions that are the most common and recur often at meetings:

The basic motion. The basic motion is the one that puts forward a decision for the body’s consideration. A basic motion might be: “I move that we create a five-member committee to plan and put on our annual fundraiser.”
First, the chair should clearly announce the agenda item number and should clearly state what the agenda item subject is. The chair should then announce the format (which follows) that will be followed in considering the agenda item.

Second, following that agenda format, the chair should invite the appropriate person or persons to report on the item, including any recommendation that they might have. The appropriate person or persons may be the chair, a member of the body, a staff person, or a committee chair charged with providing input on the agenda item.

Third, the chair should ask members of the body if they have any technical questions of clarification. At this point, members of the body may ask clarifying questions to the person or persons who reported on the item, and that person or persons should be given time to respond.

Fourth, the chair should invite public comments, or if appropriate at a formal meeting, should open the public meeting for public input.

If numerous members of the public indicate a desire to speak to the subject, the chair may limit the time of public speakers. At the conclusion of the public comments, the chair should announce that public input has concluded (or the public hearing, as the case may be, is closed).

Fifth, the chair should invite a motion. The chair should announce the name of the member of the body who makes the motion.

Sixth, the chair should determine if any member of the body wishes to second the motion. The chair should announce the name of the member of the body who seconds the motion. It is normally good practice for a motion to require a second before proceeding to ensure that it is not just one member of the body who is interested in a particular approach. However, a second is not an absolute requirement, and the chair can proceed with consideration and vote on a motion even when there is no second. This is a matter left to the discretion of the chair.

Seventh, if the motion is made and seconded, the chair should make sure everyone understands the motion.

This is done in one of three ways:

1. The chair can ask the maker of the motion to repeat it;

2. The chair can repeat the motion; or

3. The chair can ask the secretary or the clerk of the body to repeat the motion.

Eighth, the chair should now invite discussion of the motion by the body. If there is no desired discussion, or after the discussion has ended, the chair should announce that the body will vote on the motion. If there has been no discussion or very brief discussion, then the vote on the motion should proceed immediately and there is no need to repeat the motion. If there has been substantial discussion, then it is normally best to make sure everyone understands the motion by repeating it.
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4 First, the chair would deal with the third (the last) motion on the floor, the substitute motion. After discussion and debate, a vote would be taken first on the third motion. If the substitute motion passed, it would be a substitute for the basic motion and would eliminate it. The first motion would be moot, as would the second motion (which sought to amend the first motion), and the action on the agenda item would be completed on the passage by the body of the third motion (the substitute motion). No vote would be taken on the first or second motions.

Second, if the substitute motion failed, the chair would then deal with the second (now the last) motion on the floor, the motion to amend. The discussion and debate would focus strictly on the amendment (should the committee be five or 10 members). If the motion to amend passed, the chair would then move to consider the main motion (the first motion) as amended. If the motion to amend failed, the chair would then move to consider the main motion (the first motion) in its original format, not amended.

Third, the chair would now deal with the first motion that was placed on the floor. The original motion would either be in its original format (five-member committee), or if amended, would be in its amended format (10-member committee). The question on the floor for discussion and decision would be whether a committee should plan and put on the annual fundraiser.

To Debate or Not to Debate
The basic rule of motions is that they are subject to discussion and debate. Accordingly, basic motions, motions to amend, and substitute motions are all eligible, each in their turn, for full discussion before and by the body. The debate can continue as long as members of the body wish to discuss an item, subject to the decision of the chair that it is time to move on and take action.

There are exceptions to the general rule of free and open debate on motions. The exceptions all apply when there is a desire of the body to move on. The following motions are not debatable (that is, when the following motions are made and seconded, the chair must immediately call for a vote of the body without debate on the motion):

Motion to adjourn. This motion, if passed, requires the body to immediately adjourn to its next regularly scheduled meeting. It requires a simple majority vote.

Motion to recess. This motion, if passed, requires the body to immediately take a recess. Normally, the chair determines the length of the recess which may be a few minutes or an hour. It requires a simple majority vote.

Motion to fix the time to adjourn. This motion, if passed, requires the body to adjourn the meeting at the specific time set in the motion. For example, the motion might be: “I move we adjourn this meeting at midnight.” It requires a simple majority vote.

The motion to amend. If a member wants to change a basic motion that is before the body, they would move to amend it. A motion to amend might be: “I move that we amend the motion to have a 10-member committee.” A motion to amend takes the basic motion that is before the body and seeks to change it in some way.

The substitute motion. If a member wants to completely do away with the basic motion that is before the body, and put a new motion before the body, they would move a substitute motion. A substitute motion might be: “I move a substitute motion that we cancel the annual fundraiser this year.”
“Motions to amend” and “substitute motions” are often confused, but they are quite different, and their effect (if passed) is quite different.

A motion to amend seeks to retain the basic motion on the floor, but modify it in some way. A substitute motion seeks to throw out the basic motion on the floor, and substitute a new and different motion for it. The decision as to whether a motion is really a “motion to amend” or a “substitute motion” is left to the chair. So if a member makes what that member calls a “motion to amend,” but the chair determines that it is really a “substitute motion,” then the chair’s designation governs.

A “friendly amendment” is a practical parliamentary tool that is simple, informal, saves time and avoids bogging a meeting down with numerous formal motions. It works in the following way: In the discussion on a pending motion, it may appear that a change to the motion is desirable or may win support for the motion from some members. When that happens, a member who has the floor may simply say, “I want to suggest a friendly amendment to the motion.” The member suggests the friendly amendment, and if the maker and the person who seconded the motion pending on the floor accepts the friendly amendment, that now becomes the pending motion on the floor. If either the maker or the person who seconded rejects the proposed friendly amendment, then the proposer can formally move to amend.

Multiple Motions Before the Body
There can be up to three motions on the floor at the same time.

The chair can reject a fourth motion until the chair has dealt with the three that are on the floor and has resolved them. This rule has practical value. More than three motions on the floor at any given time is confusing and unwieldy for almost everyone, including the chair.

When there are two or three motions on the floor (after motions and seconds) at the same time, the vote should proceed first on the last motion that is made. For example, assume the first motion is a basic “motion to have a five-member committee to plan and put on our annual fundraiser.” During the discussion of this motion, a member might make a second motion to “amend the main motion to have a 10-member committee, not a five-member committee to plan and put on our annual fundraiser.” And perhaps, during that discussion, a member makes yet a third motion as a “substitute motion that we not have an annual fundraiser this year.” The proper procedure would be as follows:
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5 Motion to close nominations. When choosing officers of the body (such as the chair), nominations are in order either from a nominating committee or from the floor of the body. A motion to close nominations effectively cuts off the right of the minority to nominate officers and it requires a two-thirds vote to pass.

Motion to object to the consideration of a question. Normally, such a motion is unnecessary since the objectionable item can be tabled or defeated straight up. However, when members of a body do not even want an item on the agenda to be considered, then such a motion is in order. It is not debatable, and it requires a two-thirds vote to pass.

Motion to suspend the rules. This motion is debatable, but requires a two-thirds vote to pass. If the body has its own rules of order, conduct or procedure, this motion allows the body to suspend the rules for a particular purpose. For example, the body (a private club) might have a rule prohibiting the attendance at meetings by non-club members. A motion to suspend the rules would be in order to allow a non-club member to attend a meeting of the club on a particular date or on a particular agenda item.

Counting Votes
The matter of counting votes starts simple, but can become complicated.

Usually, it’s pretty easy to determine whether a particular motion passed or whether it was defeated. If a simple majority vote is needed to pass a motion, then one vote more than 50 percent of the body is required. For example, in a five-member body, if the vote is three in favor and two opposed, the motion passes. If it is two in favor and three opposed, the motion is defeated.

If a two-thirds majority vote is needed to pass a motion, then how many affirmative votes are required? The simple rule of thumb is to count the “no” votes and double that count to determine how many “yes” votes are needed to pass a particular motion. For example, in a seven-member body, if two members vote “no” then the “yes” vote of at least four members is required to achieve a two-thirds majority vote to pass the motion.

What about tie votes? In the event of a tie, the motion always fails since an affirmative vote is required to pass any motion. For example, in a five-member body, if the vote is two in favor and two opposed, with one member absent, the motion is defeated.

Vote counting starts to become complicated when members vote “abstain” or in the case of a written ballot, cast a blank (or unreadable) ballot. Do these votes count, and if so, how does one count them? The starting point is always to check the statutes.

In California, for example, for an action of a board of supervisors to be valid and binding, the action must be approved by a majority of the board. (California Government Code Section 25005.) Typically, this means three of the five members of the board must vote affirmatively in favor of the action. A vote of 2-1 would not be sufficient. A vote of 3-0 with two abstentions would be sufficient. In general law cities in Motion to table. This motion, if passed, requires discussion of the agenda item to be halted and the agenda item to be placed on “hold.” The motion can contain a specific time in which the item can come back to the body. “I move we table this item until our regular meeting in October.” Or the motion can contain no specific time for the return of the item, in which case a motion to take the item off the table and bring it back to the body will have to be taken at a future meeting. A motion to table an item (or to bring it back to the body) requires a simple majority vote.

Motion to limit debate. The most common form of this motion is to say, “I move the previous question” or “I move the question” or “I call the question” or sometimes someone simply shouts out “question.” As a practical matter, when a member calls out one of these phrases, the chair can expedite matters by treating it as a “request” rather than as a formal motion. The chair can simply inquire of the body, “any further discussion?” If no one wishes to have further discussion, then the chair can go right to the pending motion that is on the floor.

However, if even one person wishes to discuss the pending motion further, then at that point, the chair should treat the call for the “question” as a formal motion, and proceed to it.

When a member of the body makes such a motion (“I move the previous question”), the member is really saying: “I’ve had enough debate. Let’s get on with the vote.” When such a motion is made, the chair should ask for a second, stop debate, and vote on the motion to limit debate. The motion to limit debate requires a two-thirds vote of the body.

Note: A motion to limit debate could include a time limit. For example: “I move we limit debate on this agenda item to 15 minutes.” Even in this format, the motion to limit debate requires a twothirds vote of the body. A similar motion is a motion to object to consideration of an item. This motion is not debatable, and if passed, precludes the body from even considering an item on the agenda. It also requires a two-thirds vote.

Majority and Super Majority Votes
In a democracy, a simple majority vote determines a question. A tie vote means the motion fails. So in a seven-member body, a vote of 4-3 passes the motion. A vote of 3-3 with one abstention means the motion fails. If one member is absent and the vote is 3-3, the motion still fails.

All motions require a simple majority, but there are a few exceptions.

The exceptions come up when the body is taking an action which effectively cuts off the ability of a minority of the body to take an action or discuss an item. These extraordinary motions require a two-thirds majority (a super majority) to pass:

Motion to limit debate. Whether a member says, “I move the previous question,” or “I move the question,” or “I call the question,” or “I move to limit debate,” it all amounts to an attempt to cut off the ability of the minority to discuss an item, and it requires a two-thirds vote to pass.
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6 Now, exactly how does a member cast an “abstention” vote? Any time a member votes “abstain” or says, “I abstain,” that is an abstention. However, if a member votes “present” that is also treated as an abstention (the member is essentially saying, “Count me for purposes of a quorum, but my vote on the issue is abstain.”) In fact, any manifestation of intention not to vote either “yes” or “no” on the pending motion may be treated by the chair as an abstention. If written ballots are cast, a blank or unreadable ballot is counted as an abstention as well.

Can a member vote “absent” or “count me as absent?” Interesting question. The ruling on this is up to the chair. The better approach is for the chair to count this as if the member had left his/her chair and is actually “absent.” That, of course, affects the quorum. However, the chair may also treat this as a vote to abstain, particularly if the person does not actually leave the dais.

The Motion to Reconsider
There is a special and unique motion that requires a bit of explanation all by itself; the motion to reconsider. A tenet of parliamentary procedure is finality. After vigorous discussion, debate and a vote, there must be some closure to the issue. And so, after a vote is taken, the matter is deemed closed, subject only to reopening if a proper motion to consider is made and passed.

A motion to reconsider requires a majority vote to pass like other garden-variety motions, but there are two special rules that apply only to the motion to reconsider.

First, is the matter of timing. A motion to reconsider must be made at the meeting where the item was first voted upon. A motion to reconsider made at a later time is untimely. (The body, however, can always vote to suspend the rules and, by a two-thirds majority, allow a motion to reconsider to be made at another time.)
Second, a motion to reconsider may be made only by certain members of the body. Accordingly, a motion to reconsider may be made only by a member who voted in the majority on the original motion. If such a member has a change of heart, he or she may make the motion to reconsider (any other member of the body — including a member who voted in the minority on the original motion — may second the motion). If a member who voted in the minority seeks to make the motion to reconsider, it must be ruled out of order. The purpose of this rule is finality. If a member of minority could make a motion to reconsider, then the item could be brought back to the body again and again, which would defeat the purpose of finality.

If the motion to reconsider passes, then the original matter is back before the body, and a new original motion is in order. The matter may be discussed and debated as if it were on the floor for the first time.

California, as another example, resolutions or orders for the payment of money and all ordinances require a recorded vote of the total members of the city council. (California Government Code Section 36936.) Cities with charters may prescribe their own vote requirements. Local elected officials are always well-advised to consult with their local agency counsel on how state law may affect the vote count.

After consulting state statutes, step number two is to check the rules of the body. If the rules of the body say that you count votes of “those present” then you treat abstentions one way. However, if the rules of the body say that you count the votes of those “present and voting,” then you treat abstentions a different way. And if the rules of the body are silent on the subject, then the general rule of thumb (and default rule) is that you count all votes that are “present and voting.” Accordingly, under the “present and voting” system, you would NOT count abstention votes on the motion. Members who abstain are counted for purposes of determining quorum (they are “present”), but you treat the abstention votes on the motion as if they did not exist (they are not “voting”). On the other hand, if the rules of the body specifically say that you count votes of those “present” then you DO count abstention votes both in establishing the quorum and on the motion. In this event, the abstention votes act just like “no” votes.

How does this work in practice?
Here are a few examples.

Assume that a five-member city council is voting on a motion that requires a simple majority vote to pass, and assume further that the body has no specific rule on counting votes. Accordingly, the default rule kicks in and we count all votes of members that are “present and voting.” If the vote on the motion is 3-2, the motion passes. If the motion is 2-2 with one abstention, the motion fails.

Assume a five-member city council voting on a motion that requires a two-thirds majority vote to pass, and further assume that the body has no specific rule on counting votes. Again, the default rule applies.

If the vote is 3-2, the motion fails for lack of a two-thirds majority. If the vote is 4-1, the motion passes with a clear two-thirds majority. A vote of three “yes,” one “no” and one “abstain” also results in passage of the motion. Once again, the abstention is counted only for the purpose of determining quorum, but on the actual vote on the motion, it is as if the abstention vote never existed — so an effective 3-1 vote is clearly a two-thirds majority vote.

Now, change the scenario slightly. Assume the same five-member city council voting on a motion that requires a two-thirds majority vote to pass, but now assume that the body DOES have a specific rule requiring a two-thirds vote of members “present.” Under this specific rule, we must count the members present not only for quorum but also for the motion. In this scenario, any abstention has the same force and effect as if it were a “no” vote. Accordingly, if the votes were three “yes,” one “no” and one “abstain,” then the motion fails. The abstention in this case is treated like a “no” vote and effective vote of 3-2 is not enough to pass two-thirds majority muster.
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7 Appeal. If the chair makes a ruling that a member of the body disagrees with, that member may appeal the ruling of the chair. If the motion is seconded, and after debate, if it passes by a simple majority vote, then the ruling of the chair is deemed reversed.

Call for orders of the day. This is simply another way of saying, “return to the agenda.” If a member believes that the body has drifted from the agreed-upon agenda, such a call may be made. It does not require a vote, and when the chair discovers that the agenda has not been followed, the chair simply reminds the body to return to the agenda item properly before them. If the chair fails to do so, the chair’s determination may be appealed.

Withdraw a motion. During debate and discussion of a motion, the maker of the motion on the floor, at any time, may interrupt a speaker to withdraw his or her motion from the floor. The motion is immediately deemed withdrawn, although the chair may ask the person who seconded the motion if he or she wishes to make the motion, and any other member may make the motion if properly recognized.

Special Notes About Public Input
The rules outlined above will help make meetings very publicfriendly. But in addition, and particularly for the chair, it is wise to remember three special rules that apply to each agenda item:

Rule One: Tell the public what the body will be doing.

Rule Two: Keep the public informed while the body is doing it.

Rule Three: When the body has acted, tell the public what the body did.

Courtesy and Decorum
The rules of order are meant to create an atmosphere where the members of the body and the members of the public can attend to business efficiently, fairly and with full participation. At the same time, it is up to the chair and the members of the body to maintain common courtesy and decorum. Unless the setting is very informal, it is always best for only one person at a time to have the floor, and it is always best for every speaker to be first recognized by the chair before proceeding to speak.

The chair should always ensure that debate and discussion of an agenda item focuses on the item and the policy in question, not the personalities of the members of the body. Debate on policy is healthy, debate on personalities is not. The chair has the right to cut off discussion that is too personal, is too loud, or is too crude.

Debate and discussion should be focused, but free and open. In the interest of time, the chair may, however, limit the time allotted to speakers, including members of the body.

Can a member of the body interrupt the speaker? The general rule is “no.” There are, however, exceptions. A speaker may be interrupted for the following reasons:

Privilege. The proper interruption would be, “point of privilege.” The chair would then ask the interrupter to “state your point.” Appropriate points of privilege relate to anything that would interfere with the normal comfort of the meeting. For example, the room may be too hot or too cold, or a blowing fan might interfere with a person’s ability to hear.

Order. The proper interruption would be, “point of order.” Again, the chair would ask the interrupter to “state your point.” Appropriate points of order relate to anything that would not be considered appropriate conduct of the meeting. For example, if the chair moved on to a vote on a motion that permits debate without allowing that discussion or debate.
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City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
REPORT 24-0043
Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of January 23, 2024

DISCUSSION REGARDINGTHE REGULATION OF

BICYCLES AND ELECTRIC BICYCLES IN THE CITY
(City Attorney Patrick Donegan)
Recommended Action:

Staff recommends City Council:

1. Receive and file information regarding the City’s existing electric bicycle regulations, as well as additional regulations implemented by other jurisdictions; and

2. Provide direction on whether additional bicycle and electric bicycle (“e-bike”) regulations are desired.

Executive Summary:

As requested by City Council at its September 12, 2023 and October 10, 2023 meetings, staff presents this report regarding the City’s existing electric bicycle (e-bike) regulations and possible options for further regulation of bicycles and electric bicycles. Further, enforcement options are provided and a draft ordinance (Attachment 1) is included to help guide the discussion only.

Background:

At its September 12, 2023 meeting, Councilmember Saemann requested, and Mayor Jackson supported, directing staff to return with an information item regarding the City’s current e-bike regulations and an update on what other jurisdictions are doing to address some of the negative impacts of e-bike use in its respective jurisdiction. At its October 10, 2023 meeting, the City Council discussed the item and expressed interest in further discussing specific regulations and enforcement options to address this issue.

Past Board, Commission, and Council Actions
Meeting Date Description
September 12, 2023 Councilmember Saemann requested, and Mayor Jackson supported, directing staff to return with an information item covering existing e-bike regulations in the City and options City of Hermosa Beach Page 1 of 4 Printed on 1/18/2024
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Staff Report
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Meeting Date Description
September 12, 2023 Councilmember Saemann requested, and Mayor Jackson supported, directing staff to return with an information item covering existing e-bike regulations in the City and options for further regulation.

October 10, 2023 Consensus by a majority of Council members to bring back more specific regarding additional regulations on the use of bicycles and e-bikes in the City and options for enforcement and impoundment.

Discussion:

Existing City Regulation
The Hermosa Beach Municipal Code (“HBMC”) currently prohibits the use of e-bikes, while the electric-propelled power is in use, anywhere on the Strand, Pier Plaza, or beach (HBMC § 12.20.220.). Riders are permitted to ride on e-bikes on the Strand, Pier Plaza, or beach, as long as they do not utilize the electric motor or other electric propelled power. A violation of this section is an infraction. Enforcement of this type of regulation is challenging in cases where the speed of the rider makes it difficult to determine if the electric power is in use.

Section 12.28.010 (I) also limits the use of bicycles and e-bikes in City parks to only those designated roads or drives provided for such purpose. Riding a bicycle or e-bike over grass, or other areas of a City park not designated for use by bicycles, is prohibited. A violation of this section is also an infraction.

Recent Enactments by Other Jurisdictions
The City is not alone in addressing the e-bike issue in its jurisdiction. At its September 5, 2023 meeting, the City of Manhattan Beach adopted an urgency ordinance regulating e-bikes in its jurisdiction. Among other things, its ordinance:
· Prohibits riding on City sidewalks, plazas, grass areas, the Strand, parking structures owned or operated by the City, County, or State, and Veterans Parkway.
· Prohibits riding at speeds over 15 miles per hour on the Marvin Braude Bike Trail (i.e. Beach Bike Path) and maintains the current “Walk Only Zone” on both sides of the pier. · Requires wearing of properly strapped helmets for all riders under 18 years of age. · Requires riders to use bike lanes where possible, and on streets without bike lanes, to ride close to the right curb or edge of roadway.
· Requires riders to ride in single file, and not more than two abreast. · Prohibits riding on the back of a bicycle or e-bike without a seat. · Prohibits speeding, racing, or stunt activity.
· Reaffirms requirements to yield to pedestrians at all times. · Stipulates that violations of the ordinance will result in a first-time fine of $500 and a misdemeanor charge. The second violation within a year will result in a $750 fine and will increase to $1,000 for each additional violation within a year of the first violation.

The Manhattan Beach urgency ordinance stipulates that violations of this new urgency ordinance may be prosecuted as “an infraction, misdemeanor, or administrative citation.” This is worth noting as most of the prohibited actions in the Manhattan Beach ordinance are likely prohibited in one way or the other in the City via existing Municipal Code provisions City of Hermosa Beach Page 2 of 4 Printed on 1/18/2024
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Manhattan Beach ordinance are likely prohibited in one way or the other in the City via existing Municipal Code provisions and/or the California Vehicle Code. However, reliance on the California Vehicle Code removes some measure of local control over the fine amounts and processing of the citations as violations of the Vehicle Code are processed and assessed (i.e., fine amounts) by State law and the court system.

At its September 19, 2023 meeting, the City of Huntington Beach introduced on first reading an amendment to its e-bike regulations. Among other things, this ordinance allows the impounding of the e-bike if it is being ridden by a juvenile and the juvenile is cited or arrested for a violation of the City’s e-bike regulations. The e-bike is then subject to release to a responsible adult upon the payment of an impound fee. The process of readily releasing the impounded e-bike likely curtails any due process arguments regarding the seizure of property in that no other requirements are required to get the e-bike back (e.g., admission of guilt for the underlying citation or arrest, completion of e-bike training, etc.).

Options for the City and Draft Ordinance
As e-bikes increase in popularity, other types of conveyances are now produced that do not fit neatly into the categories defined by existing State law regulating e-bikes. While not necessarily impactful to the City’s existing e-bike regulations, it indicates that the industry is one that will continue to change and evolve and is not limited in scope by existing State definitions.

The City’s existing ordinance is relatively unambiguous as it states that one cannot ride with electric power in use on the Strand, Pier Plaza, or beach. However, enforcement has proven somewhat challenging as being completely sure the electric power is in use is not always straightforward and the City’s Police Department has other enforcement responsibilities in the City.

A violation of the City’s e-bike regulations is limited to an infraction and the limited fine amount associated with an infraction, which is $100 for the first violation, $200 for the second violation of the same provision of the code within one year, and $500 for each additional violation of the same provision of the code within one year.

Existing regulations on e-bikes are found in two different sections based on the location for which the e-bikes are in use.

Section 12.20.220 (Strand/Pier Plaza regulations) and 12.28.010 (regulations on City parks). Chapter 10.12 (Traffic Rules) also contains existing rules regarding bicycles, skateboards, and other wheeled devices in the City. Although regulations within the traffic rules are not geared toward the issues the City is facing with dangerous and prolific e-bike use, it is a logical place for City-wide e-bike regulation and related dangerous riding of bicycles. Thus, the attached draft ordinance (Attachment 1) proposes the addition of Section 10.12.175 specifically dealing with the operation and use of bicycles and Electric Bicycles e-bikes in the following ways:
· Prohibiting the riding of bicycles, e-bikes and all other categories of wheeled devices in an unsafe manner. · Requiring a properly fitted helmet for all riders under the age of 18. · Prohibiting riding on the back without a proper seat designed for carrying passengers. · Prohibiting the towing of other vehicles.
· Prohibiting the attaching or getting towed/pulled by another vehicle when someone is riding/on the bicycle, ebike or other wheeled device. · Prohibiting the parking of bicycles, e-bikes and all other categories of wheeled device outside of designated areas on Pier Plaza.
· Prohibiting the operation under the influence of alcohol or drugs. · Yeilding to pedestrians when required.
· Maintaining the prohibition on the use of e-bike motor on the Strand and only allow the riding of e-bikes in City parks in designated areas.

The draft ordinance also increases the enforcement options for City by making violations of this new section, as well as City of Hermosa Beach Page 3 of 4 Printed on 1/18/2024
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The draft ordinance also increases the enforcement options for City by making violations of this new section, as well as other City Municipal Code sections on e-bikes, subject to administrative citations and providing discretion to Hermosa Beach Police Department to impound any bicycle, e-bike, or other wheeled device ridden by a juvenile in violation of the City’s regulation or if an adult is riding any of these in a manner that is dangerous to others. Impounded bikes would be released upon the payment of an impound fee.

Staff recommends City Council consider the City’s current regulations, options for not only additional operational regulations but also enforcement options and provide direction on the draft ordinance. If desired, City Council should direct staff to schedule a public hearing for formal consideration of an ordinance.

Fiscal Impact:

There is no fiscal impact associated with the recommended action.

Attachment:

Draft Ordinance
Respectfully Submitted by: Patrick Donegan, City Attorney Legal Review: Patrick Donegan, City Attorney
Approved: Suja Lowenthal, City Manager
City of Hermosa Beach Page 4 of 4 Printed on 1/18/2024
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CITY OF HERMOSA BEACH
ORDINANCE NO. ORD-24-

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA ADDING SECTION 10.12.175 TO THE HERMOSA

BEACH MUNICIPAL CODE REGARDING SAFETY AND OPERATIONAL

REGULATIONS RELATED TO BICYCLES, AND ELECTRIC/MOTORIZED BICYCLES IN THE CITY, AMENDING SECTION 1.10.040 TO MAKE

VIOLATIONS OF CERTAIN MUNICIPAL CODE REGULATIONS RELATED TO

BICYCLES AND ELECTRIC/MOTORIZED BICYCLES SUBJECT TO

ADMINISTRATIVE CITATIONS AND DETERMINE THE AMENDMENT IS EXEMPT

FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)

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

SECTION 1. The City Council held a duly noticed public hearing on [INSERT DATE] to consider a text amendment to portions of Hermosa Beach Municipal Code Title 10 and Title 1.

SECTION 2. 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 3. The City Council finds the proposed code additions and amendments are consistent with the City’s General Plan.

SECTION 4. Section 10.12.175 (Operation and Use of Bicycles and Electric Bicycles) is added to Chapter 10.12 (Traffic Rules) of Title 10 (Vehicles and Traffic) of the Hermosa Beach Municipal Code to read as follows:

10.12.175 Use of bicycles, electric bicycles and other wheeled devices. 956
A. It is unlawful for any person to ride or operate any bicycle, electric bicycle, motor-driven cycle, pocket bike or any other electric or motorized conveyance unless such ride or operation complies with the following:

1. No person shall ride or operate a bicycle, electric bicycle, motor-driven cycle, pocket bike or any other electric or motorized conveyance in an unsafe manner. Unsafe manner means a rider violating any existing Hermosa Beach Municipal Code, California Vehicle Code or other existing law. Unsafe manner can also be defined as operating in such a way as to constitute a danger to the operator, a passenger, other motorists, other riders, or pedestrians in the area. Other examples of unsafe manner include, but are not limited to:
(a) Riding on a sidewalk without due caution for pedestrians. (b) Riding on a sidewalk, street, bicycle path or bicycle lane against the flow of traffic.
(c) Not yielding to other vehicles when required.
(d) Intentionally swerving around stopped or slowed traffic on streets, sidewalks, bicycle paths or lanes.
(e) not obeying posted signs regulating the riding or operation of the bicycle, electric bicycle, motor-driven cycle, pocket bike or any other electric or motorized conveyance.
(d) Unsafe trick riding or racing.

2. All operators and passengers under 18 years of age shall wear a helmet properly strapped while riding or operating a bicycle, electric bicycle, motor-driven cycle, pocket bike or any other electric or motorized conveyance.
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3. No person riding or operating a bicycle, electric bicycle, motor-driven cycle, pocket bike or any other electric or motorized conveyance shall transport another person upon the bicycle, electric bicycle, or motorized bicycle unless such passenger is seated upon a separate, attached seat designed for such use.

4. No person riding or operating a bicycle, electric bicycle, motor-driven cycle, pocket bike or any other electric or motorized conveyance shall tow any other vehicle.

5. No person riding or operating a bicycle, electric bicycle, motor-driven cycle, pocket bike or any other electric or motorized conveyance shall cling or attach themselves or their bicycle, electric bicycle, or motorized bicycle to any other moving vehicle or persons in any other vehicle.

6. No person shall park any bicycle, electric bicycle, motor-driven cycle, pocket bike or any other electric or motorized conveyance outside of designated areas on Pier Plaza.

7. All persons riding or operating a bicycle, electric bicycle, motor-driven cycle, pocket bike or any other electric or motorized conveyance shall yield to pedestrians when required.

8. It shall be unlawful for any person to operate a bicycle, electric bicycle, motor-driven cycle, pocket bike or any other electric or motorized conveyance upon any street, highway, path, lane or any area of the City while under the influence of an alcoholic beverage and/or any drug.

B. Notwithstanding any other provision of this Code, nothing is intended to apply or otherwise restrict bicycles, electric bicycles, motor-driven cycles, pocket bikes or any other electric or motorized conveyances operated by any officer employed by the City while on duty, or as utilized in a safe manner by physically disabled persons as defined under the Americans with Disabilities Act (42 U.S.C.

Section 12101 et seq.)
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C. Violations. Violations of this section are subject to the following standards.

1. In addition to any other penalty authorized by law, violations of this section as well as section 12.20.220 and 12.28.010 are subject to the administrative citations and penalties provisions in Chapter 1.10.

2. If a juvenile is cited for violating this section, the City officer issuing the citation may impound the bicycle, electric bicycle, motor-driven cycle, pocket bike or any other electric or motorized conveyance to the Hermosa Beach Police Department, such that the bicycle, electric bicycle, motordriven cycle, pocket bike or any other electric or motorized conveyance shall be released to a responsible adult upon payment of the impound fee established by the City Council. In the event an adult is cited for violating this section for a violation that endangers the safety of others, the City officer issuing the citation may impound the bicycle, electric bicycle, motor-driven cycle, pocket bike or any other electric or motorized conveyance to the Hermosa Beach Police Department, such that the bicycle, electric bicycle, motor-driven cycle, pocket bike or any other electric or motorized conveyance shall be released upon payment of the impound fee established by the City Council.

SECTION 5. Section 1.10.040 (Code violations subject to administrative penalty procedures) of Chapter 1.10 (Administrative Citations and Penalties) of Title 1 (General Provision) is amended to add the following code section to the list of violations subject to the administrative penalty procedures and other provisions of Chapter 1.10:

Section 10.12.175, Use of bicycles, electric bicycles and other wheeled devices.

Section 12.20.220, Motorized and electric wheeled devices.

Section 12.28.010, Park regulations generally.
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SECTION 6. 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 ordinance are severable. The City Council declares that it would have adopted this ordinance irrespective of the invalidity of any portion thereof.

SECTION 7. Effective Date. This Ordinance shall take effect thirty (30) days after its passage and adoption pursuant to California Government Code section 36937.

SECTION 8. 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. 960
City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
REPORT 24-0001
Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of January 23, 2024

CONSIDERATION OF PLACING A LOCAL CONTROL CITY SERVICES MEASURE ON THE NOVEMBER 5, 2024 GENERAL MUNICIPAL ELECTION BALLOT ASKING THE VOTERS TO APPROVE A GENERAL TRANSACTIONS AND USE TAX (SALES TAX or TUT) AT THE RATE OF THREE QUARTER CENT (3/4¢)
(City Manager Suja Lowenthal)
Recommended Action:

Staff recommends City Council:

1. Consider adding a measure to approve a general Transactions and Use Tax (Sales Tax or TUT) at the rate of three-quarter cent (3/4¢) to the November 5, 2024 General Municipal Election ballot and select one or more argument writer(s) in favor of this measure should a determination be made to submit this measure to the voters;

2. Adopt Resolution for the placement of a locally controlled general tax measure on the ballot for the November 5, 2024 General Municipal Election for the submission to the qualified voters of an ordinance to enact a General Transactions and Use Tax (Sales Tax or TUT) at the rate of three quarter cent (3/4¢) (Attachment 1); and

3. Adopt Resolution requesting the Board of Supervisors render the election consolidation services for this measure (Attachment 2); and

3. Adopt Resolution setting priorities for filing a written Argument and Rebuttal Argument regarding an ordinance to enact a general Transactions and Use Tax (Sales Tax or TUT) at the rate of threequarter cent (3/4¢) to be submitted to voters at the General Municipal Election to be held on Tuesday, November 5, 2024, and directing the City Attorney to prepare the impartial analysis (Attachment 3).

The Resolution to place the general Transactions and Use Tax (Sales Tax or TUT) measure on the ballot must be approved by a two-thirds (2/3) vote of the membership of the City Council (4 affirmative votes) to pass.

Executive Summary:

At its December 12, 2023 meeting, Mayor Massey requested, and Councilmembers Detoy and Jackson supported, directing staff to return to Council with an item regarding the placement a general Transactions and Use Tax (Sales Tax or TUT) at the rate of three quarters of one cent (3/4¢) on the City of Hermosa Beach Page 1 of 8 Printed on 1/22/2024
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Transactions and Use Tax (Sales Tax or TUT) at the rate of three quarters of one cent (3/4¢) on the November 2024 General Municipal Election ballot.

Background:

At its March 3, 2022 meeting, City Council held a Revenue Study Session. The purpose of the study session was to review revenue sources with the intention to update or make recommendations for changes where necessary. Revenue sources including taxes; property-related revenue; parking fees and fines; and other service charges were reviewed. Staff provided oral reports regarding its progress updating some sources and recommendations for possible future updates on others. These updates are designed and intended to maintain strong, up-to-date, revenue streams to support the quality programs that residents want and deserve.

During the Revenue Study Session, the City’s sales tax consultant presented information regarding a general Transactions and Use Tax (Sales Tax or TUT) at the rate of three quarters of one cent (3/4¢) and provided an estimate of $3,000,000 in additional annual General Fund revenue. At the end of the study session, an adjourned meeting was held wherein the City Council directed staff to bring back an item regarding placement of a general Transactions and Use Tax (Sales Tax or TUT) at the rate of three quarters of one cent (3/4¢) on the November 8, 2022 General Municipal Election ballot.

Attachment 5 provides a link to the Revenue Study Session staff report and time markers to the presentation made at the study session by the City’s sales tax consultant and to other comments or discussion about the transactions use tax (TUT). The time markers and items are also provided in the Past Council Actions table below.

At its July 26, 2022 meeting, City Council voted to add a measure to approve a general Transactions and Use Tax (Sales Tax or TUT) at the rate of three-quarter cent (3/4¢) to the November 8, 2022 General Municipal Election ballot. Measure B was placed on the official ballot and asked Hermosa Beach registered voters the following question:
“To maintain Hermosa Beach's long-term financial stability with locally controlled funds, to be used for programs such as public safety/911 response, enforcement against property crime; street/pothole repair; protection of beach/coastal waters; school safety; cleaning of public areas; retention/attraction of local businesses; homeless services and for general governmental use; shall an ordinance be adopted establishing a ¾¢ sales tax requiring public spending disclosure/independent audits, generating approximately $3,000,000 annually until ended by voters?”
Based on votes cast, Measure B did not pass. The final vote was 44.8 percent “Yes” and 55.20 percent “No”.

At its December 12, 2023 meeting, Mayor Massey requested, and Councilmembers Detoy and City of Hermosa Beach Page 2 of 8 Printed on 1/22/2024
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At its December 12, 2023 meeting, Mayor Massey requested, and Councilmembers Detoy and Jackson supported, directing staff to return to Council with a discussion item regarding the placement of a Sales Tax measure on the November 5, 2024 ballot.

Past Council Actions
Meeting Date Description
March 3, 2022 Revenue Study Session. The following bullet points note the times during the meeting that pertain to the TUT. · 1:06:36 to 1:45:14-Presentation by Bobby Young, Client Services Director - Sales Tax, HdL Companies. ·
2:15:15-Councilmember Armato’s comments begin. ·
2:18:63-Mayor Pro Temp Jackson’s comments begin. ·
2:26:00-Councilmember Armato makes the motion to place
the TUT on the November 2022 ballot. Mayor Detoy
seconds the motion. · Motion carries 4-0
July 26, 2022 City Council voted to add a measure to approve a general Transactions and Use Tax (Sales Tax or TUT) at the rate of three-quarter cent (3/4¢) to the November 8, 2022 General Municipal Election ballot.

December 12, 2023 At its December 12, 2023 meeting, Mayor Massey requested, and Councilmembers Detoy and Jackson
supported, directing staff to return to Council with a
discussion item regarding the placement of a Sales Tax
measure on the November 2024 ballot.

Discussion:

Residents have recently prioritized City services they would like additional local funding for including preventing thefts and property crimes; supporting public safety and 911 emergency response; recruiting and retaining well-trained police officers; protecting coastal waters and beaches from pollution; supporting safe schools; and, keeping parks and public areas safe and clean.

A sizeable portion of sales tax dollars collected in Hermosa Beach comes from tourists and visitors from surrounding areas. This measure would help make sure they are paying their fair share for police; for keeping our beach, Pier Plaza, and other public areas clean and safe; and for maintaining our roads and other community resources and infrastructure, such as our iconic Pier, in good condition and not left to be paid exclusively by City residents.

Hermosa Beach currently has a 9.50 percent sales tax on all purchases made in the City. Of that,

8.50 percent goes to the state and Los Angeles County agencies with 1 percent returning to Hermosa City of Hermosa Beach Page 3 of 8 Printed on 1/22/2024
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Beach to be spent locally.

Every year Los Angeles County collects five million dollars from Hermosa Beach from the last three county sales taxes alone, but only 13 cents on the dollar is returned to Hermosa Beach. By law, all funds raised by this measure are legally required to be used in Hermosa Beach, ensuring local control of Hermosa Beach tax dollars and a guaranteed source of funding for essential City services.

Residents also continue to prioritize public safety services and in 2022 alone, there were just over 600 thefts and burglaries reported, including 99 thefts from motor vehicles in the 1.4 square miles of the City. Finalized data for 2023 for all incidents, crime and quality of life, will be available approximately two weeks from the publishing of the agenda for the January 23 meeting. Staff can speak to the data during oral presentation of the item. The data across all incidents that require public safety resources is one aspect of resource allocation needs. The other aspect is the evolving approaches driven by technology applied by the Police Department to mitigate and prevent incidents.

The Department’s enhanced use of technology has assisted in arrests and crime prevention. Funding from this measure could provide the Hermosa Beach Police Department additional resources to make neighborhoods and streets safer, increase police patrols, reduce response times, and increase crime prevention programs.

California has a sales tax rate of 7.25 percent. Los Angeles County, cities, and special districts within the County may increase the sales tax by a cap of 3 percent or to a combined rate of 10.25 percent.

The County has already utilized 2.25 percent of the allowable 3 percent threshold, so 0.75 percent remains that may be added. A 0.75 percent TUT in Hermosa Beach is estimated to add $3 million in revenue to be spent locally.

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According to HdL, the City’s sales tax consultant, Los Angeles County sought and received State legislative approval to propose a new 0.5% TUT for Homelessness and have it not count against the sales tax cap. If a new tax is proposed and approved by the voters, the current County Tax (Measure H), which is set at 0.25%, would expire. If this were to occur, there would be an additional 0.25% under the overall sales tax cap. If desired, the City could explore the option of proposing a 1% TUT instead of 0.75%. Estimated revenue for a 1% TUT would be $4,000,000. Should City Council contemplate a 1% TUT, it would require developing a contingent ballot measure with the additional

0.25% dependent on what happens with any Los Angeles County measure.

Presenting a balanced budget has been particularly challenging with the last two budgets and the budget for 2022-23 due to the pandemic and now with the additional effect of world events. The City maintained its Contingency Funds according to financial policies at 16 percent of operating expenses but has found it necessary to use one-time funds to bridge the gaps in revenue, even with freezing of positions and reducing expenditures. In order to maintain the level of service expected by residents, ensure long-term fiscal sustainability, to respond to evolving public service and public safety demands, and make progress toward funding of deferred capital needs, additional funds are necessary.

Advantages of adopting a TUT measure include:
· the tax is paid regionally, not entirely by residents; · revenue generated in Hermosa Beach stays in Hermosa Beach; · the tax has a statutory cap;
· revenue from autos purchased by residents comes to the City rather than going to the City where the auto was purchased; and
· revenue from deliveries to the City for building supplies, equipment and bulk fuel also comes to the City.

The City’s sales tax consultant indicates that they have not seen any measurable impact of the TUT on consumer buying habits because consumers are typically focused on the base cost of the item being purchased.

According to the California Department of Tax and Fee Administration, 56 cities out of 88 in Los Angeles County have a TUT. Four cities in Los Angeles County, Baldwin Park, Malibu, Monterey Park, and Torrance, added the tax through ballot measures in 2022. In California, 285 cities out of 489 (58%) have a TUT.

Hermosa Beach should take advantage of the additional 0.75 percent tax that is available to ensure long-term fiscal sustainability.

Arguments in Favor and Against
The City Clerk will accept arguments in favor and against the proposed measure by Tuesday, City of Hermosa Beach Page 5 of 8 Printed on 1/22/2024
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The City Clerk will accept arguments in favor and against the proposed measure by Tuesday, February 13, 2024, at 12:00 p.m. Each argument is limited to 300 words and will be titled “Argument In Favor of Measure __” and “Argument Against Measure __” in the Official Sample Ballot Booklet submitted to voters. Please email [email protected] <mailto:[email protected]> or submit a hard copy (Attachment 3) by the deadline.

Per California Elections Code Section 9282 and 9287, the City Council has priority to and may authorize one or two members of the City Council to author the Argument in Favor. Should the City Council choose not to authorize one or two members of the City Council to author the Argument in Favor and more than one argument is submitted (in favor or against) to the Elections Official, the Elections Official will select an argument in accordance with California Elections Code Section 9287.

Rebuttals to Argument in Favor and Against
When the arguments are submitted, the Elections Official shall send a copy of the Argument in Favor to the authors of the Argument Against and the Argument Against to the authors of the Argument in Favor, along with a copy of the impartial analysis. An argument author may authorize another person to sign the rebuttal to the opposing argument using the form provided by the Elections Official (Attachment 4) and in accordance with California Elections Code Section 9285. Rebuttals to the Arguments in Favor and Against are due by Tuesday, February 22, 2024, at 12:00 p.m. and are limited to 250 words.

Consolidation with Los Angeles County
The Los Angeles County Registrar-Recorder/County Clerk requests a formal decision by the City Council via resolution to render services and consolidate the Special Municipal Election with the Statewide General Municipal Election on November 5, 2024 Approving the staff recommendation will allow Los Angeles County to carry out all consolidation services outlined in Attachment 2 for this measure.

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:
· Open Meetings. Maintain the community’s trust by holding meeting in which decisions are being made, that are open and available for all community members to attend, participate, or view remotely.
· 1.6 Long-term considerations. Prioritize decisions that provide long-term community benefit and discourage decisions that provide short-term community benefit but reduce long-term City of Hermosa Beach Page 6 of 8 Printed on 1/22/2024
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opportunities.

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 participation in promoted through diverse methods.

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

Policies:
· 5.5 Community benefits. Consider incentives for new development that provides a substantial economic benefit to the community such as retail sales taxes, transient occupancy taxes or higher-paying jobs. Prohibit the provision of incentives that outweigh the direct benefits from the use.
· 5.7 Visitor and resident balance. Recognize the desire and need to balance visitor-serving and local-serving uses as a key to preserving character and the economic vitality of the community.

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

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

Fiscal Impact:

Fiscal impacts associated with adding a sales tax measure to the Official Sample Ballot is $7,573.38 without the full text of the ordinance. Should the City Council choose to have the full text of the ordinance printed in addition to the Impartial Analysis, the cost would be $13,934.22. If approved, the amount will be budgeted in FY 2024-25. No additional cost to the budgeted total is expected from including this measure on the ballot.

Attachments:

1. Resolution (Sales Tax)-Add to Ballot

2. Resolution (Sales Tax)-Consolidate

3. Resolution (Sales Tax)-Arguments, Rebuttals & Impartial Analysis

4. Argument & Rebuttal Form

5. Authorization for Another Person to Sign Rebuttal Argument Form

6. Link to March 3, 2022 Revenue Study Session Staff Report

7. Link to July 26, 2022 City Council Staff Report

8. Link to December 12, 2023 City Council Agenda
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REPORT 24-0001
Respectfully Submitted by: Myra Maravilla, City Clerk
Concur: Angela Crespi, Deputy City Manager
Noted for Fiscal Impact: Viki Copeland, Finance Director Legal Review: Patrick Donegan, City Attorney
Approved: Suja Lowenthal, City Manager
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