Agenda packet — Hermosa Beach City Council, February 15, 2024 (part 1 of 2)

Thursday, February 15, 2024
6:00 PM
City of Hermosa Beach
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
City Council
Mayor
Justin Massey
Mayor Pro Tem
Dean Francois
Councilmembers
Rob Saemann
Mike Detoy
Ray Jackson
Special Meeting Agenda - Final
Call and Notice of Special Meeting:

The Mayor of the City of Hermosa Beach has called a Special Meeting of the City Council to consider and take action on only those matters set forth on the agenda.

Executive Team
Angela Crespi, Deputy City Manager
Viki Copeland, Finance Director
Myra Maravilla, City Clerk
Paul LeBaron, Chief of Police
Joe SanClemente, Public Works Director
Carrie Tai, Community Development Director
Vanessa Godinez, Human Resources Manager
Lisa Nichols, Community Resources Manager
City Treasurer
Karen Nowicki
City Attorney
Patrick Donegan
Suja Lowenthal, City Manager
1 City Council Special Meeting Agenda - Final February 15, 2024

PUBLIC MEETING VIEWING OPTIONS
Hermosa Beach City Council meetings are open to the public and are being held in person in the City Hall Council Chambers located at 1315 Valley Drive, Hermosa Beach, CA 90254.

Public comment is only guaranteed to be taken in person at City Hall during the meeting or prior to the meeting by submitting an eComment for an item on the agenda.

As a courtesy only, the public may view and participate on action items listed on the agenda via the following:
*ZOOM - https://us02web.zoom.us/j/89968207828?
pwd=bXZmWS83dmxHWDZLbWRTK2RVaUxaUT092
*PHONE - Toll Free: (833) 548 0276; Meeting ID: 899 6820 7828, then #; Passcode: 472825 Please be advised that while the City will endeavor to ensure these remote participation methods are available, the City does not guarantee that they will be technically feasible or work all the time. Further, the City reserves the right to terminate these remote participation methods (subject to Brown Act restrictions) at any time and for whatever reason. Please attend in person or by submitting an eComment to ensure your public participation.

Similarly, as a courtesy, the City will also plan to broadcast the meeting via the following listed mediums. However, these are done as a courtesy only and are not guaranteed to be technically feasible. Thus, in order to guarantee live time viewing and/or public participation, members of the public shall attend in Council Chambers.
*CABLE TV - Spectrum Channel 8 and Frontier Channel 31 in Hermosa Beach *YOUTUBE - https://www.youtube.com/c/CityofHermosaBeach90254 *LIVE STREAM - www.hermosabeach.gov and visit the Agendas/Minutes/Videos page If you experience technical difficulties while viewing a meeting on any of our digital platforms, please try another viewing option. View City Council staff reports and attachments at www.hermosabeach.gov and visit the Agendas/Minutes/Video page.

Council Chambers WiFi
Network ID: CHB Guest
Password: chbguest
To comply with the Americans with Disabilities Act of 1990, Assistive Listening Devices (ALD) are available for check out at the meeting. If you require special assistance to participate in this meeting, you must call or submit your request in writing to the Office of the City Clerk at (310) 318 0204 or at [email protected] at least 48 hours before the meeting.

City of Hermosa Beach Page 2 Printed on 2/8/2024
2 City Council Special Meeting Agenda - Final February 15, 2024

SUBMIT SUPPLEMENTAL ECOMMENTS
Submit an eComment via Speak Up Hermosa at hermosabeach.granicusideas.com by 3:00 p.m. on the meeting date. For items on the agenda, supplemental communications may be submitted via eComment or emailed to [email protected]. Supplemental emails should indicate the agenda item and meeting date in the subject line. Supplemental communications must be received by 3:00 p.m. on the date of the meeting to be posted to the corresponding agenda item before the meeting begins. Supplemental communications submitted after 3:00 p.m. on the date of the meeting but before the meeting ends will be posted to the agenda packet the next business day.

City of Hermosa Beach Page 3 Printed on 2/8/2024
3 City Council Special Meeting Agenda - Final February 15, 2024

NOTICE OF SPECIAL MEETING AND AGENDA
NOTICE IS HEREBY GIVEN, that the Mayor of the City of Hermosa Beach has called a Special Meeting of the City Council to take place on Thursday, February 15, 2024 at 6:00 p.m. to consider and take action on only those matters set forth on the agenda below. 6:00 PM - OPEN SESSION

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

3. ROLL CALL

4. ANNOUNCEMENTS - UPCOMING CITY EVENTS

5. APPROVAL OF AGENDA
This is the time for the City Council to discuss any changes to the order of agenda items.

6. CITY MANAGER REPORT

7. PUBLIC COMMENT
This is the time for members of the public to address the City Council on any items within the Council's jurisdiction and on items where public comment will not be taken (City Manager Report, City Councilmember Comments, and Future Agenda Items).

The public is invited to attend and provide public comment. Public comments are limited to two minutes per speaker and shall only be taken from those present in City Council Chambers. No remote public comment will be taken during this time unless required by the Brown Act. A total of thirty minutes will be allocated to this initial public participation item. This time allotment may be modified due to time constraints at the discretion of the Mayor or City Council. Another period is also reserved for general comment later in the meeting for those that could not be heard at this time.

No action will be taken on matters raised during public comment, except that the Council may take action to schedule issues raised during public comment for a future agenda. Speakers with comments regarding City management or departmental operations are encouraged to submit those comments directly to the City Manager. Members of the audience will have a future opportunity to speak on items pulled from the Consent Calendar for separate discussion, Public Hearings, and Municipal Matters when those items are heard.

8. CITY COUNCILMEMBER COMMENTS

9. MUNICIPAL MATTERS
City of Hermosa Beach Page 4 Printed on 2/8/2024
4 City Council Special Meeting Agenda - Final February 15, 2024 a) REPORT
24-0063

CIVIC FACILITIES COMMUNITY ENGAGEMENT PLAN
(Continued from January 23, 2024)
(City Manager Suja Lowenthal)
Recommendation: Staff recommends City Council:

1. Receive and provide comment on a recommended community engagement plan for civic facilities (Attachment 1);

2. Approve a Professional Services Agreement with Fullerton Consulting Partners, LLC to provide technical support services for the community engagement phase and development services to the City for a term ending December 31, 2025 at a not-to-exceed amount of $43,750 (Attachment 2) and authorize the City Manager to execute and the City Clerk to attest to the proposed agreement, subject to approval by the City Attorney; and

3. If so desired, provide direction regarding the creation of an informal civic facilities community advisory group.
b) REPORT
24-0064

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¢)
(Continued from January 23, 2024)
(City Manager Suja Lowenthal)
Recommendation: 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);

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

4. 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 three-quarter 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.
c) REPORT
24-0067

DISCUSSION REGARDING THE FEES FOR CONDITIONAL USE

PERMITS (CUP) AND AMENDMENTS TO ENTITLEMENTS FOR

OUTDOOR DINING
(Continued from January 23, 2024)
(Community Development Director Carrie Tai)
City of Hermosa Beach Page 5 Printed on 2/8/2024
5 City Council Special Meeting Agenda - Final February 15, 2024 Recommendation: Staff recommends City Council discuss and provide direction regarding whether the current Conditional Use Permit (CUP) fees should be maintained or updated. d) REPORT
24-0065

DISCUSSION REGARDING THE REGULATION OF

BICYCLES AND ELECTRIC BICYCLES IN THE CITY
(Continued from January 23, 2024)
(City Attorney Patrick Donegan)
Recommendation: 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 bicycle1 ("e-bike") regulations are desired.
e) REPORT
24-0066

CONSIDERATION OF A RESOLUTION AMENDING THE

RULES OF CONDUCT OF CITY COUNCIL MEETINGS AND

SUBSIDIARY CITY BOARDS AND COMMISSIONS
(Continued from January 23, 2024)
(City Attorney Patrick Donegan)
Recommendation: Staff recommends City Council adopt a resolution amending the rules of conduct at City Council meetings and making these rules, where feasible, applicable to all subsidiary Boards and Commissions in the City (Attachment 1).

10. FUTURE AGENDA ITEMS
This is the time for Councilmembers to schedule future agenda items and to ask questions about the status of previously approved future agenda items. No discussion, debate, or public comment will be taken. Councilmembers should consider the city's work plan when considering new items. The tentative future agenda items document is provided for information only. a) 24-0070 TENTATIVE FUTURE AGENDA ITEMS

11. PUBLIC PARTICIPATION FROM THE PUBLIC
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 7 during the first public participation item because there were too many prior public speakers and the thirty minute maximum time limit was exhausted.

12. ADJOURNMENT
City of Hermosa Beach Page 6 Printed on 2/8/2024
6 City Council Special Meeting Agenda - Final February 15, 2024

FUTURE MEETINGS AND CITY HOLIDAYS
CITY COUNCIL MEETINGS:

February 27, 2024 - Tuesday - 5:00 PM - Closed Session, 6:00 PM - City Council Meeting
March 12, 2024 - Tuesday - 5:00 PM - Closed Session,
6:00 PM - City Council Meeting
March 26, 2024 - Tuesday - 5:00 PM - Closed Session,
6:00 PM - City Council Meeting
April 9, 2024 - Tuesday - 5:00 PM - Closed Session,
6:00 PM - City Council Meeting
April 18, 2024 - Thursday - 6:00 PM - CIP Study Session April 23, 2024 - Tuesday - No Meeting (Dark)
May 14, 2024 - Tuesday - 5:00 PM - Closed Session,
6:00 PM - City Council Meeting
May 28, 2024 - Tuesday - 5:00 PM - Closed Session,
6:00 PM - City Council Meeting
June 5, 2024 - Wednesday - 6:00 PM - Budget Study Session June 11, 2024 - Tuesday - 5:00 PM - 8:00 PM (Budget Adoption) June 25, 2024 - Tuesday - No Meeting (Dark)
July 9, 2024 - Tuesday - 5:00 PM - Closed Session,
6:00 PM - City Council Meeting
July 15, 2024 - Monday - 6:00 PM - Mayor and Mayor Pro Tem Election July 23, 2024 - Tuesday - 5:00 PM - Closed Session,
6:00 PM - City Council Meeting
August 13, 2024 - Tuesday - 5:00 PM - Closed Session,
6:00 PM - City Council Meeting
August 27, 2023 - Tuesday - No Meeting (Dark)
September 10, 2024 - Tuesday - 5:00 PM - Closed Session, 6:00 PM - City Council Meeting
September 24, 2024 - Tuesday - 5:00 PM - Closed Session, 6:00 PM - City Council Meeting
October 8, 2024 - Tuesday - 5:00 PM - Closed Session,
6:00 PM - City Council Meeting
October 22, 2024 - Tuesday - 5:00 PM - Closed Session,
6:00 PM - City Council Meeting
November 12, 2024 - Tuesday - 5:00 PM - Closed Session, 6:00 PM - City Council Meeting
November 26, 2024 - Tuesday - No Meeting (Dark)
December 5, 2024 - Thursday - 6:00 PM - Certification of Election Results and Installation of Elected Officials
December 10, 2024 - Tuesday - No Meeting (Dark)
December 24, 2024 - Tuesday - No Meeting (Dark)
City of Hermosa Beach Page 7 Printed on 2/8/2024
7 City Council Special Meeting Agenda - Final February 15, 2024 BOARDS, COMMISSIONS AND COMMITTEE MEETINGS:

February 20, 2024 - Tuesday - 7:00 PM - Planning Commission Meeting February 21, 2024 - Wednesday - 5:00 PM - Civil Service Board Meeting March 7, 2024 - Thursday - 7:00 PM - Parks and Recreation Advisory Commission Meeting March 19, 2024 - Tuesday - 7:00 PM - Planning Commission Meeting March 20, 2024 - Wednesday - 5:00 PM - Civil Service Board Meeting March 20, 2024 - Wednesday - 6:00 PM - Public Works Commission Meeting April 11, 2024 - Thursday - 7:00 PM - Parks and Recreation Advisory Commission Meeting April 16, 2024 - Tuesday - 7:00 PM - Planning Commission Meeting April 17, 2024 - Wednesday - 5:00 PM - Civil Service Board Meeting May 7, 2024 - Tuesday - 7:00 PM - Parks and Recreation Advisory Commission Meeting May 15, 2024 - Wednesday - 5:00 PM - Civil Service Board Meeting May 15, 2024 - Wednesday - 6:00 PM - Public Works Commission Meeting May 21, 2024 - Tuesday - 7:00 PM - Planning Commission Meeting June 4, 2024 - Tuesday - 7:00 PM - Parks and Recreation Advisory Commission Meeting June 18, 2024 - Tuesday - 5:00 PM - Civil Service Board Meeting June 18, 2024 - Tuesday - 7:00 PM - Planning Commission Meeting July 2, 2024 - Tuesday - 7:00 PM - Parks and Recreation Advisory Commission Meeting July 16, 2024 - Tuesday - 7:00 PM - Planning Commission Meeting July 17, 2024 - Wednesday - 5:00 PM - Civil Service Board Meeting July 17, 2024 - Wednesday - 6:00 PM - Public Works Commission Meeting August 6, 2024 - Tuesday - 7:00 PM - Parks and Recreation Advisory Commission Meeting August 20, 2024 - Tuesday - 7:00 PM - Planning Commission Meeting August 21, 2024 - Wednesday - 5:00 PM - Civil Service Board Meeting September 3, 2024 - Tuesday - 7:00 PM - Parks and Recreation Advisory Commission Meeting September 17, 2024 - Tuesday - 7:00 PM - Planning Commission Meeting September 18, 2024 - Wednesday - 5:00 PM - Civil Service Board Meeting September 18, 2024 - Wednesday - 6:00 PM - Public Works Commission Meeting October 1, 2024 - Tuesday - 7:00 PM - Parks and Recreation Advisory Commission Meeting October 15, 2024 - Tuesday - 7:00 PM - Planning Commission Meeting October 16, 2024 - Wednesday - 5:00 PM - Civil Service Board Meeting November 4, 2024 - Monday - 7:00 PM - Parks and Recreation Advisory Commission Meeting November 18, 2024 - Monday - 7:00 PM - Planning Commission Meeting November 20, 2024 - Wednesday - 5:00 PM - Civil Service Board Meeting November 20, 2024 - Wednesday - 6:00 PM - Public Works Commission Meeting December 3, 2024 - Tuesday - 7:00 PM - Parks and Recreation Advisory Commission Meeting December 16, 2024 - Monday - 7:00 PM - Planning Commission Meeting December 18, 2024 - Wednesday - 5:00 PM - Civil Service Board Meeting CITY OFFICES CLOSED FRIDAY-SUNDAY AND ON THE FOLLOWING DAYS:

February 19, 2024 - Monday - President’s Day
April 1, 2024 - Monday - César Chávez Day
May 27, 2024 - Monday - Memorial Day
June 19, 2024 - Wednesday - Juneteenth
July 4, 2024 - Thursday - Independence Day
September 2, 2024 - Monday - Labor Day
November 11, 2024 - Monday - Veterans Day
November 28, 2024 - Thursday - Thanksgiving Day
December 25, 2024 - Wednesday - Christmas Day
January 1, 2025 - Wednesday - New Year's Day
City of Hermosa Beach Page 8 Printed on 2/8/2024
8 City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
REPORT 24-0063
Honorable Mayor and Members of the Hermosa Beach City Council Special Meeting of February 15, 2024

CIVIC FACILITIES COMMUNITY ENGAGEMENT PLAN
(Continued from January 23, 2024)
(City Manager Suja Lowenthal)
Recommended Action:

Staff recommends City Council:

1. Receive and provide comment on a recommended community engagement plan for civic facilities (Attachment 1);

3. If so desired, provide direction regarding the creation of an informal civic facilities community advisory group.

Executive Summary:

City Council, at its November 29, 2023 facilities study session, directed staff to return with a minimum six-month civic facilities community engagement plan. Staff presents this item outlining a 12- to 18- month plan to engage the community regarding the City's aging facilities; and its current and future civic facility needs. Based on Council’s direction, staff would finalize a scope of work and proceed with the issuance of a request for proposals (RFP) to secure a firm to provide the desired community outreach services. Staff would also proceed with the formation of an informal civic facilities community advisory group to carefully review and provide feedback regarding project options.

Background:

In addition to streets, sewers, and stormwater systems, civic facilities are an important component of the City’s infrastructure. The City’s facilities were constructed over 70 years ago and are severely aged; their replacement having been deferred for many years. Current and past City Councils have demonstrated a commitment to addressing these needs by making long-term financial planning and review of City infrastructure and facilities a top priority in its Capital Improvement Program (CIP) and City of Hermosa Beach Page 1 of 6 Printed on 2/8/2024
powered by Legistar™ 9
Staff Report
REPORT 24-0063
strategic planning efforts.

Past facility studies were commissioned to assess the structural/seismic conditions (CivilSource Study, 2015) and space/operational needs of City buildings (Mary McGrath Architects Assessment, 2016). In parallel with these studies, a facilities workgroup was established comprising of representatives from the departments of Police, Fire, Public Works, Finance, and the City Manager.

The workgroup enlisted the services of Mary McGrath Architects to assist in developing a City Facilities Strategic Plan. This high-level plan looked at: 1) Space Needs; 2) Facility Improvement/Development Scenarios, and; 3) Preliminary Order of Magnitude Costs (range of costs) for the Police and Fire Stations, City Hall, and Public Works Yard facility. The draft plan and development scenarios were reviewed and discussed by City Council at its May 4, 2016 facilities study session. The goal of the strategic plan and study session was to guide the community toward a long-term vision for core facilities and help the City Council prioritize and inform capital improvement decisions and potential funding alternatives.

Following Council direction, the City issued a Request for Proposals to identify a team qualified to perform a community-wide library services needs assessment in two phases. The first phase of work included conducting a space needs assessment with supporting community outreach, and the second phase of work would include using the identified space needs to develop conceptual plans and related budgets. Griffin Structures, Inc. was selected to perform the work and began Phase 1 in the fall of 2016. The final Library Needs Assessment report was submitted to the City in July 2017.

Following completion of Phase 1 in 2017, Griffin Structures, Inc. and City staff proceeded with development of conceptual site plan options and related budget estimates, which were presented to City Council at its October 4, 2017 study session. Ultimately, City Council and the City Manager’s Department opted to hold off on further investment of consultant time until funding opportunities were identified, and placed the project on hold.

Since 2017, the City Council made important decisions related to the City’s fire services, the future of the fire station, and the closure of Bard Street, as well as the prioritization of the City’s Corporate Yard Facilities renovation project (CIP 615). Each of these decisions has significant impacts on the City’s budget and strategic planning of future civic facility improvements.

On November 29, 2023, City Council held a Facilities Study Session as an introductory informational workshop to build on facilities studies and strategic plans completed from 2013 through 2017 and to help develop a financing and development plan for a potential civic center revitalization. The study session format allowed staff, and an industry professional, to cover the City’s current land inventory, identify operational and maintenance issues of the current buildings, review a possible plan of finance for a civic facilities project, outline a plan for project procurement, and provide an opportunity for Councilmembers to consider and ask questions regarding the City’s civic facilities.

At the conclusion of the special meeting, City Council directed staff to return to its January 23, 2024 City of Hermosa Beach Page 2 of 6 Printed on 2/8/2024
powered by Legistar™ 10
Staff Report
REPORT 24-0063
At the conclusion of the special meeting, City Council directed staff to return to its January 23, 2024 meeting with a minimum six-month plan for community engagement regarding the City’s aging facilities and current and future civic facility needs. Mayor Massey recommended the creation of an alternative body to the City Council to refine the options prior to larger community feedback and a recommendation to City Council. It was further suggested that a structured calendar with regular touch points be created to move the project forward to a decision point.

Past Council Actions
Meeting Date Description
May 4, 2016 City Council held a study session to review and discuss a draft City Facilities Strategic Plan and development
scenarios.

October 4, 2017 City Council received a presentation related to conceptual site plan options and related budget estimates for the library needs assessment.

October 2, 2019 City Council held a study session to receive information regarding the structure, principles, and benefits of publicprivate partnerships.

November 29, 2023 City Council held a civic facilities study session as an introductory informational workshop building on facilities studies and strategic plans completed from 2013 through 2017 and to help develop a financing and development plan for a potential civic center revitalization. City Council directed staff to return with a recommended minimum sixmonthplan for community engagement.

Discussion:

As directed by City Council at its November 29, 2023 facilities study session, staff presents a proposed 12- to 18-month community engagement plan outlined as follows and in Attachment 1.

The proposed plan is designed to both engage the community at large regarding the City’s aging facilities and civic facility needs and to work intimately with an advisory body to review refine project options, assist with a recommendation to City Council, and act as ambassadors to the community atlarge.

City of Hermosa Beach Page 3 of 6 Printed on 2/8/2024
powered by Legistar™ 11
Staff Report
REPORT 24-0063
The proposed community engagement plan includes:

1. Formation of an informal civic facilities community advisory group with balanced representation to review and discuss project options, financing, and community feedback (up to four meetings).

2. Creation of a project website and social media materials.

3. Development of project messaging, a fact sheet, an online survey, and public comment cards.

4. Facilitate up to six meetings with community members (three in-person meetings, one virtual meeting, and two open house style gatherings).

5. Presentations to City’s Boards and Commissions, as directed.

6. Attendance at up to 14 City or community events such as the Farmer’s Market and Surfers Walk of Fame over the 12-to 18-month period.

7. Facilitate discussions with non-profit organizations and local businesses.

To implement the proposed 12- to 18-month community engagement plan, staff would require the assistance of a professional community engagement firm with relevant public project experience. As outlined in the following table, a review of similar recent projects indicates that the requested services may range from $50,000 to $150,000 depending on the final requested scope of work.

City Project Firm Cost
City of Garden Grove Civic Center
Revitalization Project
PlaceWorks Phase 1: $50,000
Phase 2: $100,000
Total: $150,000
City of Long Beach Civic Center Project Plenary $80,000 Upon City Council’s approval of the proposed community engagement plan, staff would finalize a scope of work and proceed with the issuance of a request for proposals (RFP) for community outreach services, return to City Council at a future meeting for contract award, and proceed with the formation of an informal civic facilities community advisory group.

Staff also requests approval to execute a Professional Services Agreement with Fullerton Consulting Partners, LLC to at a not-to-exceed amount of $43,750 and term ending December 31, 2025 to proceed with the next phase of the civic facilities project (Attachment 2). The prior agreement to prepare the initial feasibility study, which is now complete, carried a total not-to-exceed amount of $29,925.

City of Hermosa Beach Page 4 of 6 Printed on 2/8/2024
powered by Legistar™ 12
Staff Report
REPORT 24-0063
Mr. Fullerton’s knowledge and expertise would not only ensure that the community engagement phase builds upon the work already undertaken but would also provide the ability to test project scope alternatives against financial models and retain connection to market trends. Mr. Fullerton would participate in every meeting with members of the community serving as the technical support to the community engagement process, presenting the project and answering questions. Based on community input, Mr. Fullerton would assist with the development of a plan of finance and California Environmental Quality Act (CEQA) approval strategy.

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:
· 1.2 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 benefit but reduce long-term opportunities.

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

Policy:
· 2.4 Public forums. Host periodic public forums on issues important to the community, facilitating these forums with the purpose of guiding City policy.

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

Policies:
· 5.5 Community benefits. Consider incentives for new development that provide 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.
· 5.8 Public private partnerships. Pursue the use of public-private partnerships to implement projects and efforts that maintain character and benefit 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:
· 6.2 Regional presence. Encourage economic development strategies that will make Hermosa Beach a driving force and jobs center behind the regional economy of the South Bay region.

City of Hermosa Beach Page 5 of 6 Printed on 2/8/2024
powered by Legistar™ 13
Staff Report
REPORT 24-0063
Infrastructure Element
Goal 1. Infrastructure systems are functional, safe, and well maintained.

Policy:
· 1.2 Priority investments. Use City Council established priorities and the Capital Improvement Program (CIP) to identify and allocate funding for projects identified in the infrastructure plan.

Fiscal Impact:

If approved, the proposed contract with Fullerton Consulting Partners, LLC in the amount of $43,750 would be funded through available CIP 605 City Facilities Condition and Needs Assessment budget in the Capital Improvement Fund. The current Fiscal Year 2023-24 budget for CIP 605 is $474,012.

Agreement Request
Request Amount
FY 2023–24 Budget
Dept. Account #
Total Contract Amount
$43,750 301-8605-4201 $43,750
Based on review of similar efforts in other jurisdictions, a 12- to 18-month community outreach agreement engagement plan may cost between $50,000 and $150,000 depending on the final scope of work. After completion of the competitive selection process, staff would return to City Council at a future meeting with the recommended firm for contract award.

Attachments:

1. Proposed Community Engagement Plan

2. Daft Professional Services Agreement with Fullerton Consulting Partners, LLC

3. Link to May 4, 2016 City Council Staff Report

4. Link to October 4, 2017 City Council Staff Report

5. Link to October 2, 2019 City Council Staff Report

6. Link to November 29, 2023 City Council Staff Report
Respectfully Submitted by: Leo Zalyan, Management Analyst Concur: Angela Crespi, Deputy City Manager
Concur: Joe SanClemente, Public Works Director
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 6 of 6 Printed on 2/8/2024
powered by Legistar™ 14

COMMUNITY ENGAGEMENT PLAN
12-18: MONTH PUBLIC

OUTREACH PLAN

ADVISORY COMMITTEE MEETING PLAN
Creation of Project Website & Social Media
Materials Months 1 - 2 Meeting 1 - Possible Topic: Introductions and Project Options (Month 2)
Develop Project Messaging: Fact Sheet, Online
Survey, and Comment Cards Months 1 - 6 Meeting 2 - Possible Topic: Project Financing Conversation (Month 6)
Host Open House: 3 Tour of Facilities
(Months 4, 10, 14) Months 4 - 18
Meeting 3 - Possible Topic: Community Feedback Debrief
and Prepare for City Council Meeting recommendations -
(Month 10)
Host Community Meetings:
3 in-person (Months 3, 6, 12);
1 virtual (Month 13);
Months 3 - 14
Meeting 4 - If needed to finalize recommendations
to City Council (Month 14)
Boards and Commission Presentations: (Planning,
Parks, and Public Works) Months 5 - 10
Pop-up City Events: (14 events plus)
*Farmer's Market (Fridays- 2x/monthly), Surfers
Walk of Fame (April -2x)
Months 3 - 18
Facilitate discussions with non-profit organizations
and local businesses to gain support Months 3 - 18

CIVIC FACILITIES PROJECT
COMMUNITY ENGAGEMENT PLAN (12-18 Month Process)
15 City of Hermosa Beach
Civic Center, 1315 Valley Drive, Hermosa Beach, CA 90254-3885

Page 1 of 10 ends

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 15th day of February 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. 16 City of Hermosa Beach

Page 2 of 12 ends

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, 2025, 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.
17 City of Hermosa Beach

Page 3 of 12 ends

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.
18 City of Hermosa Beach

Page 4 of 12 ends

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.
19 City of Hermosa Beach

Page 5 of 12 ends

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. 20 City of Hermosa Beach

Page 6 of 12 ends

CORRECTIONS. In addition to the above indemnification obligations, the CONSULTANT shall correct, at its expense, all errors in the work which may be disclosed during the City’s review of the Consultant’s report or plans. Should the Consultant fail to make such correction in a reasonably timely manner, such correction shall be made by the CITY, and the cost thereof shall be charged to the CONSULTANT. In addition to all other available remedies, the City may deduct the cost of such correction from any retention amount held by the City or may withhold payment otherwise owed CONSULTANT under this Agreement up to the amount of the cost of correction.

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.
21 City of Hermosa Beach

Page 7 of 12 ends

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. 22 City of Hermosa Beach

Page 8 of 12 ends

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
23 City of Hermosa Beach

Page 9 of 12 ends

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 24 City of Hermosa Beach

Page 10 of 12 ends

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 25 City of Hermosa Beach

Page 11 of 12 ends

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

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 26 City of Hermosa Beach

Page 12 of 12 ends

Project Updates
- Alternative refinement
- Schedule updates
- Marketsounding
- Procurement Plan
- CEQA strategy
22 $ 7,700.00
Total Estimated Hours 125 $ 43,750.00
27 City Council Hybrid Meeting (Closed Session at 5:00 p.m. and Open Session at 6:00 p.m.) 01-23-24 17:00
Agenda Name Comments Support Oppose Neutral
c) REPORT 24-0005 CIVIC FACILITIES COMMUNITY ENGAGEMENT PLAN
(City Manager Suja Lowenthal)
1 0 0 1
Sentiments for All Agenda Items
The following graphs display sentiments for comments that have location data. Only locations of users who have commented will be shown.

Overall Sentiment
Agenda Item: eComments for c) REPORT 24-0005 CIVIC FACILITIES COMMUNITY ENGAGEMENT PLAN (City Manager Suja Lowenthal)
Overall Sentiment
Michele Hampton
Location:

Submitted At: 2:56pm 01-21-24
I would like to know when the formation of an informal civic facilities community advisory group will take place. I would like to be a part of this. I also think that in a city of over 19,000 residents a committee should reflect a true percentage of that population. Not just a handful (20 people let's say) on this advisory group. Under the Governance Element for this agenda item: Goal 2. The community is active and engaged in decision-making processes. I pray that this will be what our community gets and deserves. Not blindsided residents as what has been done with so many other issues that our City Council just passes on their own. Put words into actions!!! 28 City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
REPORT 24-0064
Honorable Mayor and Members of the Hermosa Beach City Council Special Meeting of February 15, 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¢)
(Continued from January 23, 2024)
(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;

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

4. 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).

City of Hermosa Beach Page 1 of 8 Printed on 2/8/2024
powered by Legistar™ 29
Staff Report
REPORT 24-0064
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 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 City of Hermosa Beach Page 2 of 8 Printed on 2/8/2024
powered by Legistar™ 30
Staff Report
REPORT 24-0064
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 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.

City of Hermosa Beach Page 3 of 8 Printed on 2/8/2024
powered by Legistar™ 31
Staff Report
REPORT 24-0064
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 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.

City of Hermosa Beach Page 4 of 8 Printed on 2/8/2024
powered by Legistar™ 32
Staff Report
REPORT 24-0064
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; City of Hermosa Beach Page 5 of 8 Printed on 2/8/2024
powered by Legistar™ 33
Staff Report
REPORT 24-0064
 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 Thursday, August 1, 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] 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 Thursday, August 8, 2024, at 12:00 p.m. and are limited to 250 words.

City of Hermosa Beach Page 6 of 8 Printed on 2/8/2024
powered by Legistar™ 34
Staff Report
REPORT 24-0064
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 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 City of Hermosa Beach Page 7 of 8 Printed on 2/8/2024
powered by Legistar™ 35
Staff Report
REPORT 24-0064
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
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
City of Hermosa Beach Page 8 of 8 Printed on 2/8/2024
powered by Legistar™ 36

Page 1 of 11 ends

CITY OF HERMOSA BEACH
RESOLUTION NO. RES-24-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA

BEACH, CALIFORNIA, CALLING FOR A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2024, FOR THE PLACEMENT OF

AN ORDINANCE ON THE BALLOT TO ENACT A LOCALLY CONTROLLED

GENERAL TRANSACTIONS AND USE TAX (SALES TAX) AT THE RATE OF THREE-QUARTER CENT (3/4 ¢) PURSUANT TO CALIFORNIA PROPOSITION 218
WHEREAS, the City Council of the City of Hermosa Beach (“City”) is authorized to levy a Transactions and Use Tax (“sales tax”) for general purposes pursuant to California Revenue and Taxation Code section 7285.9, subject to approval by a majority vote of the electorate pursuant to Article XIII C, section 2 of the California Constitution (“Proposition 218”); and WHEREAS, under the provisions of the laws relating to general law cities in the State of California, a General Municipal Election shall be called and held in the City of Hermosa Beach on November 5, 2024; and
WHEREAS, pursuant to California Elections Code section 9222, the City Council has authority to place local measures on the ballot to be considered at a Municipal Election; and
WHEREAS, the City Council would like to submit to the voters at the November 5, 2024 General Municipal Election a measure enacting a locally controlled general transactions and use tax at a rate of three quarter cent (3/4 ¢) on the sale and/or use of all tangible personal property sold at retail in the City until it is ended by voters, as more specifically set forth in the attached proposed ordinance adding Chapter 3.44 to Title 3 of the City’s Municipal Code; and
WHEREAS, the ¾ cent sales tax is a general tax, the revenue of which will be placed in the City’s general fund and will be used to pay for important general City services; and
WHEREAS, on November 6, 1996, the voters of the State of California approved Proposition 218, an amendment to the State Constitution which requires that all general taxes which are imposed, extended or increased must be submitted to the electorate and approved by a majority vote of the qualified electors voting in the election; and
37

Page 2 of 11 ends

WHEREAS, pursuant to Proposition 218 (California Constitution, Article XIII C, § 2(b)), the general rule is that any local election for the approval of an increase to a general tax must be consolidated with a regularly scheduled general election for members of the governing body of the local government; and WHEREAS, the next regularly scheduled general election at which City Council members are to be elected is November 5, 2024; and WHEREAS, pursuant to Government Code section 53724 (“Proposition 62”) and Revenue and Taxation Code section 7285.9, a two-thirds (2/3) vote of all members of the City Council is required to place the Measure on the November 5, 2024 ballot; and
WHEREAS, the ordinance to be considered by the qualified voters and the terms of approval, collection and use of the general sales tax are described and
provided for in the ordinance/measure attached hereto as Exhibit “A” (the “Measure”) and by this reference made an operative part hereof, in accordance with all applicable laws.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH,

CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1. Incorporation of Recitals. The foregoing recitals are true and correct and are hereby incorporated and made an operative part of this Resolution.

SECTION 2. Calling of Election. Pursuant to the requirements of the laws of the State of California relating to General Law Cities, there is called and ordered to be held in the City of Hermosa Beach, California, on Tuesday, November 5, 2024, a General Municipal Election for the purpose of submitting the Measure attached hereto as Exhibit “A” and incorporated herein by this reference to the qualified electors of the City.

SECTION 3. The City Council, pursuant California Elections Code Section 9222, hereby orders that the following question be submitted to the qualified electors of the City of Hermosa Beach and printed on the November 5, 2024 General Municipal Election ballot:
38

Page 3 of 11 ends

Shall the measure protecting essential services such as police, crime prevention, parks, recreation, to improve streets and sidewalks, protection of beach/coastal waters, cleaning of public areas, addressing homelessness, school safety, supporting local businesses, and for other general governmental use by enacting a 3/4¢ transaction and use (sales) tax providing approximately $3,000,000 annually, until ended by voters, with annual audits and all funds staying local, be adopted?
YES
NO
SECTION 4. Conduct of Election. The City Clerk is authorized, instructed, and directed to coordinate with the County of Los Angeles RegistrarRecorder/County Clerk to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election.

SECTION 6. Notice of the election is hereby given and the City Clerk is authorized, instructed, and directed to give further or additional notice of the election, in time, form and manner as required by law.

SECTION 7. Placement on the ballot. The full text of the Measure shall not be printed in the Sample Ballot Booklet, and a statement shall be printed in the ballot pursuant to Elections Code § 9223 advising voters that they may obtain a copy of this Resolution and the Measure, at no cost, upon request made to the City Clerk.

SECTION 8. Filing with County. The City Clerk shall, not later than the 88th day prior to the General Municipal Election to be held on Tuesday, November 5, 2024, file with the Board of Supervisors and the Registrar-Recorder/County Clerk of the County of Los Angeles, State of California, a certified copy of this Resolution.

SECTION 9. Public Examination. Pursuant to California Elections Code § 9295, this Measure will be available for public examination for no fewer than ten (10) calendar days prior to being submitted for printing in the voter information guide. The City Clerk shall post notice in the Clerk’s office of the specific dates that the examination period will run.

SECTION 10. The City Clerk is hereby authorized and directed to appropriate the necessary funds to pay for the City’s cost of placing the Measure on the election ballot.

SECTION 11. That the vote requirement for the measure to pass is a majority (50% + 1) of the votes cast.
39

Page 4 of 11 ends

SECTION 12. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law.

SECTION 13. The City Council authorizes the City Clerk to administer said election and all the City shall reimburse Los Angeles County for all reasonable and actual election expenses upon presentation of a properly submitted bill.

SECTION 14. Severability. The provisions of this Resolution are severable and if any provision of this Resolution is held invalid, that provision shall be severed from the Resolution and the remainder of this Resolution shall continue in full force and effect, and not be affected by such invalidity.

SECTION 15. This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting this Resolution and enter it into the book of original Resolutions.

PASSED, APPROVED and ADOPTED this 15th Day of February, 2024.

Page 5 of 11 ends

Sections:

3.44.010 - Purpose.

3.44.020 - Contract With State.

3.44.030 - Transactions Tax Rate.

3.44.040 - Place of Sale.

3.44.050 - Use Tax Rate.

3.44.060 - Adoption of Provisions of State Law.

3.44.070 - Limitations on Adoption of State Law and Collection of Use Taxes.

3.44.080 - Permit Not Required.

3.44.090 - Exemptions and Exclusions.

3.44.100 - Amendments.

3.44.110 - Enjoining Collection Forbidden.

3.44.120 - Duration of Tax
Sections:

3.44.010 - Purpose.

This ordinance is adopted to achieve the following, among other purposes, and directs that the provisions hereof be interpreted in order to accomplish those purposes:

A. To impose a retail transactions and use tax in accordance with the provisions of Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code and Section 7285.9 of Part 1.7 of Division 2 which authorizes the City to adopt this tax ordinance which shall be operative if a majority of the electors voting on the measure vote to approve the imposition of the tax at an election called for that purpose.

B. To adopt a retail transactions and use tax ordinance that incorporates provisions identical to those of the Sales and Use Tax Law of the State of California insofar as those provisions are not inconsistent with the requirements and limitations contained in Part 1.6 of Division 2 of the Revenue and Taxation Code.

C. To adopt a retail transactions and use tax ordinance that imposes a tax and provides a measure therefore that can be administered and collected by the California Department of Tax and Fee Administration in a manner that adapts itself as fully as practicable to, and requires the least possible deviation from, the existing statutory and administrative procedures followed by the California Department of Tax and Fee Administration in administering and collecting the California State Sales and Use Taxes.
41

Page 6 of 11 ends

D. To adopt a retail transactions and use tax ordinance that can be administered in a manner that will be, to the greatest degree possible, consistent with the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, minimize the cost of collecting the transactions and use taxes, and at the same time, minimize the burden of record-keeping upon persons subject to taxation under the provisions of this ordinance.

3.44.020 - Contract With State.

Prior to the operative date, the City shall contract with the California Department of Tax and Fee Administration to perform all functions incident to the administration and operation of this transactions and use tax ordinance; provided, that if the City shall not have contracted with the California Department of Tax and Fee Administration prior to the operative date, it shall nevertheless so contract and in such a case the operative date shall be the first day of the first calendar quarter following the execution of such a contract.

3.44.030- Transactions Tax Rate.

For the privilege of selling tangible personal property at retail, a tax is hereby imposed upon all retailers in the incorporated territory of the City at the rate of three quarters of one percent (3/4 %) of the gross receipts of any retailer from the sale of all tangible personal property sold at retail in said territory on and after the operative date of this ordinance.

3.44.040 - Place of Sale.

For the purposes of this ordinance, all retail sales are consummated at the place of business of the retailer unless the tangible personal property sold is delivered by the retailer or his agent to an out-of-state destination or to a common carrier for delivery to an out-of-state destination. The gross receipts from such sales shall include delivery charges, when such charges are subject to the state sales and use tax, regardless of the place to which delivery is made. In the event a retailer has no permanent place of business in the State or has more than one place of business, the place or places at which the retail sales are consummated shall be determined under rules and regulations to be prescribed and adopted by the California Department of Tax and Fee Administration.

3.44.050 - Use Tax Rate.

An excise tax is hereby imposed on the storage, use or other consumption in the City of tangible personal property purchased from any retailer on and after the operative date of this ordinance for storage, use or other consumption in said territory at the rate of three quarters of one percent (3/4 %) of the sales price of 42

Page 7 of 11 ends

the property. The sales price shall include delivery charges when such charges are subject to state sales or use tax regardless of the place to which delivery is made.

3.44.060 - Adoption of Provisions of State Law.

Except as otherwise provided in this ordinance and except insofar as they are inconsistent with the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, all of the provisions of Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code are hereby adopted and made a part of this ordinance as though fully set forth herein.

3.44.070 - Limitations on Adoption of State Law and Collection of Use Taxes.

In adopting the provisions of Part 1 of Division 2 of the Revenue and Taxation Code:

A. Wherever the State of California is named or referred to as the taxing agency, the name of this City shall be substituted therefor. However, the substitution shall not be made when:

1. The word “State” is used as a part of the title of the State Controller, State Treasurer, California Victim Compensation Board, California Department of Tax and Fee Administration, State Treasury, or the Constitution of the State of California;

2. The result of that substitution would require action to be taken by or against this City or any agency, officer, or employee thereof rather than by or against the California Department of Tax and Fee Administration, in performing the functions incident to the administration or operation of this Ordinance.

3. In those sections, including, but not necessarily limited to sections referring to the exterior boundaries of the State of California, where the result of the substitution would be to:
a. Provide an exemption from this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not otherwise be exempt from this tax while such sales, storage, use or other consumption remain subject to tax by the State under the provisions of Part 1 of Division 2 of the Revenue and Taxation Code, or;
43

Page 8 of 11 ends

b. Impose this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not be subject to tax by the state under the said provision of that code.

4. In reference to Sections 6701, 6702 (except in the last sentence thereof), 6711, 6715, 6737, 6797 or 6828 of the Revenue and Taxation Code.

B. The word “city” shall be substituted for the word “state” in the phrase “retailer engaged in business in this state” in Section 6203 of the Revenue and Taxation Code and in the definition of that phrase in Section 6203.

1. “A retailer engaged in business in the District” shall also include any retailer that, in the preceding calendar year or the current calendar year, has total combined sales of tangible personal property in this state or for delivery in the State by the retailer and all persons related to the retailer that exceeds five hundred thousand dollars ($500,000). For purposes of this section, a person is related to another person if both persons are related to each other pursuant to Section 267(b) of Title 26 of the United States Code and the regulations thereunder.

3.44.080 - Permit not Required.

If a seller’s permit has been issued to a retailer under Section 6067 of the Revenue and Taxation Code, an additional transactor’s permit shall not be required by this ordinance.

3.44.090 - Exemptions and Exclusions.

A. There shall be excluded from the measure of the transactions tax and the use tax the amount of any sales tax or use tax imposed by the State of California or by any city, city and county, or county pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law or the amount of any state-administered transactions or use tax.

B. There are exempted from the computation of the amount of transactions tax the gross receipts from:

1. Sales of tangible personal property, other than fuel or petroleum products, to operators of aircraft to be used or consumed principally outside the county in which the sale is made and directly and exclusively in the use of such aircraft as common carriers of 44

Page 9 of 11 ends

persons or property under the authority of the laws of this State, the United States, or any foreign government.

2. Sales of property to be used outside the City which is shipped to a point outside the City, pursuant to the contract of sale, by delivery to such point by the retailer or his agent, or by delivery by the retailer to a carrier for shipment to a consignee at such point. For the purposes of this paragraph, delivery to a point outside the City shall be satisfied:
a. With respect to vehicles (other than commercial vehicles) subject to registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public Utilities Code, and undocumented vessels registered under Division 3.5 (commencing with Section 9840) of the Vehicle Code by registration to an out-of-City address and by a declaration under penalty of perjury, signed by the buyer, stating that such address is, in fact, his or her principal place of residence; and
b. With respect to commercial vehicles, by registration to a place of business out-of-City and declaration under penalty of perjury, signed by the buyer, that the vehicle will be operated from that address.

3. The sale of tangible personal property if the seller is obligated to furnish the property for a fixed price pursuant to a contract entered into prior to the operative date of this ordinance.

4. A lease of tangible personal property which is a continuing sale of such property, for any period of time for which the lessor is obligated to lease the property for an amount fixed by the lease prior to the operative date of this ordinance.

5. For the purposes of subparagraphs (3) and (4) of this subsection, the sale or lease of tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised.
45

Page 10 of 11 ends

C. There are exempted from the use tax imposed by this ordinance, the storage, use or other consumption in this City of tangible personal property:

1. The gross receipts from the sale of which have been subject to a transactions tax under any state-administered transactions and use tax ordinance.

2. Other than fuel or petroleum products purchased by operators of aircraft and used or consumed by such operators directly and exclusively in the use of such aircraft as common carriers of persons or property for hire or compensation under a certificate of public convenience and necessity issued pursuant to the laws of this State, the United States, or any foreign government. This exemption is in addition to the exemptions provided in Sections 6366 and 6366.1 of the Revenue and Taxation Code of the State of California.

3. If the purchaser is obligated to purchase the property for a fixed price pursuant to a contract entered into prior to the operative date of this ordinance.

4. If the possession of, or the exercise of any right or power over, the tangible personal property arises under a lease which is a continuing purchase of such property for any period of time for which the lessee is obligated to lease the property for an amount fixed by a lease prior to the operative date of this ordinance.

5. For the purposes of subparagraphs (3) and (4) of this subsection, storage, use, or other consumption, or possession of, or exercise of any right or power over, tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised.

6. Except as provided in subparagraph (7), a retailer engaged in business in the City shall not be required to collect use tax from the purchaser of tangible personal property, unless the retailer ships or delivers the property into the City or participates within the City in making the sale of the property, including, but not limited to, soliciting or receiving the order, either directly or indirectly, at a place of business of the retailer in the City or through any representative, agent, canvasser, solicitor, subsidiary, or person in the City under the authority of the retailer.
46

Page 11 of 11 ends

7. “A retailer engaged in business in the City” shall also include any retailer of any of the following: vehicles subject to registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public Utilities Code, or undocumented vessels registered under Division 3.5 (commencing with Section 9840) of the Vehicle Code. That retailer shall be required to collect use tax from any purchaser who registers or licenses the vehicle, vessel, or aircraft at an address in the City.

D. Any person subject to use tax under this ordinance may credit against that tax any transactions tax or reimbursement for transactions tax paid to a district imposing, or retailer liable for, a transactions tax pursuant to Part 1.6 of Division 2 of the Revenue and Taxation Code with respect to the sale to the person of the property the storage, use or other consumption of which is subject to the use tax.

3.44.100 - Amendments.

All amendments subsequent to the effective date of this ordinance to Part 1 of Division 2 of the Revenue and Taxation Code relating to sales and use taxes and which are not inconsistent with Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, and all amendments to Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, shall automatically become a part of this ordinance, provided however, that no such amendment shall operate so as to affect the rate of tax imposed by this ordinance.

3.44.110 - Enjoining Collection Forbidden.

No injunction or writ of mandate or other legal or equitable process shall issue in any suit, action or proceeding in any court against the State or the City, or against any officer of the State or the City, to prevent or enjoin the collection under this ordinance, or Part 1.6 of Division 2 of the Revenue and Taxation Code, of any tax or any amount of tax required to be collected.

3.44.120 – Duration of Tax.

The tax imposed by this chapter shall continue until this ordinance is repealed. 47

Page 1 of 3 ends

CITY OF HERMOSA BEACH
RESOLUTION NO. RES-24-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA

BEACH, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE

COUNTY OF LOS ANGELES TO CONSOLIDATE THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 5, 2024 WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THAT DATE PURSUANT TO § 10403

OF THE CALIFORNIA ELECTIONS CODE
WHEREAS, on January 23, 2024, the City Council of the City of Hermosa Beach called a General Municipal Election to be held on November 5, 2024 for the purpose of submitting to the voters the question relating to a locally controlled general transactions and use tax (sales tax) at the rate of three-quarter (3/4 ¢); and
WHEREAS, it is therefore desirable that the General Municipal Election be consolidated with the Statewide General Election to be held on the same date and that within the City the precincts, vote center and election workers of the two elections be the same, and that the Registrar-Recorder/County Clerk of the County of Los Angeles canvass the returns of the General Municipal Election and that the election be held in all respects as if there were only one election; and

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH,

CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1. Request for Consolidation. Pursuant to the requirements of § 10403 of the Elections Code, the Board of Supervisors of the County of Los Angeles is hereby requested to consent and agree to the consolidation of a General Municipal Election with the Statewide General Election on Tuesday, November 5, 2024, for the purpose of submitting to the voters a ballot measure relating to the a general transactions and use tax (sales tax) at the rate of three-quarter (3/4 ¢).

SECTION 2. Measure Language. A measure is to appear on the ballot as follows:
48

Page 2 of 3 ends

Shall the measure protecting essential services such as police, crime prevention, parks, recreation, to improve streets and sidewalks, protection of beach/coastal waters, cleaning of public areas, addressing homelessness, school safety,
supporting local businesses, and for other general
governmental use by enacting a 3/4¢ transaction and use (sales) tax providing approximately $3,000,000 annually, until ended by voters, with annual audits and all funds staying local, be adopted?
YES
NO
SECTION 3. Canvass of Returns. The Los Angeles Registrar-Recorder/County Clerk is authorized to canvass the returns and perform all other proceedings incidental to and connected with the General Municipal Election. The Election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. Pursuant to California Elections Code Section 10403 and 10418, the election will be held and conducted in accordance with the provisions of law regulating the Statewide General Election.

SECTION 4. Necessary Steps. The Board of Supervisors is requested to issue instructions to the County election department to take any and all steps necessary for holding of the consolidated election.

SECTION 5. Costs. The City Council determines and declares that the City will pay to the County the reasonable and actual expenses incurred by the County by the consolidation of the General Municipal Election with the Statewide General Election. The City shall reimburse the County for services performed when the work is completed and upon presentation to the City of a properly approved bill. The City Manager of the City of Hermosa Beach is authorized and directed to pay for the expenses incurred after receiving a statement from the County of Los Angeles.

SECTION 6. Filing of Resolution. The City Clerk is hereby directed to file a certified copy of this resolution with the Board of Supervisors and the election department of the County of Los Angeles.

SECTION 7. Severability. The provisions of this Resolution are severable and if any provision of this Resolution is held invalid, that provision shall be severed from the Resolution and the remainder of this Resolution shall continue in full force and effect, and not be affected by such invalidity. 49

Page 3 of 3 ends

SECTION 8. Effective Date of Resolution. This Resolution shall become effective upon its adoption, and the City Clerk shall certify the vote adopting this Resolution and enter it into the book of original Resolutions.

PASSED, APPROVED AND ADOPTED on this 15th day of February, 2024. __________________________________________________________________________ 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
50

Page 1 of 4 ends

CITY OF HERMOSA BEACH
RESOLUTION NO. RES-24-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA

BEACH, CALIFORNIA, SETTING PRIORITIES FOR FILING A WRITTEN

ARGUMENT AND REBUTTAL ARGUMENT REGARDING A LOCALLY

CONTROLLED ORDINANCE TO ENACT A GENERAL TRANSACTIONS
AND USE TAX (SALES TAX) AT THE RATE OF THREE-QUARTER CENT (3/4 ¢) TO BE SUBMITTED TO VOTERS AT THE GENERAL MUNICIPAL ELECTION TO BE HELD TUESDAY, NOVEMBER 5, 2024, AND DIRECTING THE CITY

ATTORNEY TO PREPARE THE IMPARTIAL ANALYSIS
WHEREAS, a General Municipal Election will be held in the City of Hermosa Beach, California, on Tuesday, November 5, 2024, at which there will be submitted to the voters the following question:

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH,

CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1. Primary Arguments. That the City Council authorizes (i) the Mayor, City Council or any members(s) of the City Council, (ii) any individual voter eligible to vote on the above measure, (iii) bona fide association of such citizens or (iv) any combination of voters and associations, to file a written argument in favor or against the City measure, accompanied by the printed name(s) and signature(s) of the author(s) submitting it, in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California, and to change the argument until and including the date fixed below by the City Clerk, after which no arguments for or against the City measure for or against the City measure may be submitted to the City Clerk. 51

Page 2 of 4 ends

That arguments for the measures specified above shall not exceed 300 words and must be accompanied by the printed name(s) and signature(s) of the author(s) submitting it, in accordance with Article 4, Chapter 3, and Division 9 of the Elections Code of the State of California.

The argument may not be signed by more than five authors. Arguments shall be accompanied by a “Form of Statement to be Filed by Author(s) of Argument.”
Arguments shall be filed with the City Clerk, signed, with the printed name(s) and signature(s) of the author(s) submitting them or, if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers who is the author of the argument. Arguments may be changed or withdrawn until and including the date fixed by the City Clerk (12:00 p.m., Thursday, August 1, 2024), after which no arguments for or against the measures may be submitted to the City Clerk.

SECTION 2. Rebuttal Arguments. That pursuant to Sections 9285 of the Elections Code of the State of California, when the City Clerk has selected the arguments for and against the measure which will be printed and distributed to the voters, the City Clerk shall immediately send a copy of the argument in favor of the measure to the author(s) of the argument against the measure, and a copy of the argument against the measure to the author(s) of the argument in favor of the measure.

The author or a majority of the authors of an argument relating to a City measure may prepare and submit a rebuttal argument not exceeding 250 words, or may authorize in writing any other person or persons to prepare, submit, or sign the rebuttal argument.

A rebuttal argument may not be signed by more than five authors. A rebuttal argument shall be accompanied by a “Form of Statement to be Filed by Author(s) of Argument.”
The rebuttal arguments shall be filed with the City Clerk, signed, with the printed name(s) and signature(s) of the author(s) submitting them or, if submitted on behalf of an organization, the name of the organization and the printed name and signature of at least one of its principal officers, not more than 10 days after the final date for filing direct arguments. The deadline for filing rebuttal arguments will be 12:00 p.m., Thursday, August 8, 2024. 52

Page 3 of 4 ends

Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument that it seeks to rebut.

SECTION 3. Impartial Analysis. Pursuant to Elections Code section 9280, the City Council hereby directs the City Clerk to transmit a copy of the Measure to the City Attorney. The City Attorney shall prepare an impartial analysis of the Measure, not to exceed 500 words in length, showing the effect of the Measure on the existing law and the operation of the Measure, and transmit such impartial analysis to the City Clerk not later than the deadline for submittal of primary arguments for or against the Measure.

The impartial analysis shall include a statement indicating whether the Measure was placed on the ballot by a petition signed by the requisite number of voters or by the City Council. The full text of the Measure shall not be printed in the Sample Ballot Booklet. Printed immediately below the impartial analysis, in no less than 10-font bold type, will be: “The above statement is an impartial analysis of Ordinance or Measure ____. If you desire a copy of the ordinance or measure, please contact the Office of the City Clerk at (310) 318-0204 or at [email protected] and a copy will be mailed at no cost to you.” The impartial analysis shall be filed by the date set by the City Clerk for the filing of primary arguments (12:00 p.m., Thursday, August 1, 2024).

SECTION 3. Prior Resolutions. That all previous resolutions providing for the filing of rebuttal arguments for City measures are repealed.

SECTION 4. November 5, 2024 General Municipal Election. That the provisions of Section 1 and Section 2 shall apply only to the election to be held on November 5, 2024, and shall then be repealed.

SECTION 5. That the City Clerk shall certify to the passage and adoption of this Resolution; shall enter it into the book of original Resolutions, and shall make a minute of the passage and adoption thereof in the minutes of the meeting at which the Resolution is adopted.

PASSED, APPROVED and ADOPTED on this 15th day of February, 2024. 53

Page 4 of 4 ends

__________________________________________________________________________ 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
54 ARGUMENTS AND REBUTTAL FORM
ELECTION DATE: MEASURE I.D. (If any):

JURISDICTION:
(Please mark (X) in the appropriate box)
Direct Argument in Favor (Supporters)
Rebuttal to Argument in Favor
Direct Argument Against (Opponents)
Rebuttal to Argument Against
Statements will be printed in uniform type, style and spacing according to the County’s system requirements. When preparing your statement, please use block paragraphs and single space format. Entire statements in all capital letters, bold and italics (or any combination of enhancements) are not acceptable. Indentations cannot be accommodated. Words to be printed in boldface type, underscored and/or CAPITALIZED are to be clearly indicated. All statements should be checked by the authors for spelling and punctuation as the elections official is not permitted to edit any material contained therein. NOTE: Rebuttal arguments are not direct arguments. For example, a rebuttal to a direct argument in favor of a measure is NOT a direct argument against a measure. Please also note that rebuttal arguments are allowed only when both a direct argument for AND against a measure are filed. Word limit for direct Arguments in favor and against may not exceed 300 words, Rebuttals for and against may not exceed 250 words.

OFFICIAL BALLOT MEASURE LABEL
Type list of names to appear in the ballot label as Supporters/Opponents (125 Characters) Please use this space to type your statement. If you need additional space, please attach a typed statement to this form. Statements should be typed in upper- and lower-case letters. Statement will be typeset in the Official Sample Ballot Booklet using a standard font and size determined by the County.

ALL AUTHORS MUST SIGN ON THE REVERSE SIDE
55

Page 2 of 3 ends

DECLARATION BY AUTHOR(S) OF ARGUMENTS OR REBUTTALS INCLUDING THE OFFICIAL BALLOT LABEL SUPPORTERS/OPPONENTS All arguments concerning measures filed pursuant to Division 9, Section 9600 of the Elections Code shall be accompanied by the following declaration to be signed by each author of the argument/rebuttal. Names and titles listed will be printed in the Voter Information portion of the Official Sample Ballot Booklet and listed as a Supporter/Opponent on the Official Ballot Measure Label.

The undersigned author(s) of the:

Direct Argument in Favor (Supporters) Direct Argument Against (Opponents) Rebuttal to Argument in Favor Rebuttal to Argument Against of ballot measure (Name and/or letter):

Jurisdiction Name & Title of Election:
to be held on (Date of the Election):
hereby state that such argument is true and correct to the best of his/her/their knowledge and belief.

List by
Priority

BUSINESS INDIVIDUAL NON-PROFIT ORGANIZATION SIGNATURE DATE 1 NAME (PRINT):

TITLE (PRINT):

ABBREVIATED NAME/TITLE:

ADDRESS:

BUSINESS INDIVIDUAL NON-PROFIT ORGANIZATION SIGNATURE DATE 2 NAME (PRINT):

TITLE (PRINT):

ADDRESS:

BUSINESS INDIVIDUAL NON-PROFIT ORGANIZATION SIGNATURE DATE 3 NAME (PRINT):

TITLE (PRINT):

ADDRESS:

BUSINESS INDIVIDUAL NON-PROFIT ORGANIZATION SIGNATURE DATE 4 NAME (PRINT):

TITLE (PRINT):

ADDRESS:

BUSINESS INDIVIDUAL NON-PROFIT ORGANIZATION SIGNATURE DATE 5 NAME (PRINT):

TITLE (PRINT):

ADDRESS:

OFFICE USE ONLY Time Stamp
Number of Words Number of Characters Project Code Number Election Deputy

CONTACT INFORMATION
IMPORTANT FILING INFORMATION: I, am the designated filer of the above titled argument/rebuttal. Please notify me of any questions pertaining to this filing. Below is my contact information.

Mailing Address: E-Mail Address:

Contact Numbers:

Daytime Evening Fax
ABBREVIATED NAME/TITLE:

ABBREVIATED NAME/TITLE:

ABBREVIATED NAME/TITLE:
56

Page 3 of 3 ends

OFFICIAL BALLOT MEASURE LABEL

SUPPORTERS/OPPONENTS GUIDELINES
Pursuant to Assembly Bill No. 1416 dated September 29, 2022 amended Sections 303, 9050, 9051, 9053, 13282 and added 9170.

Jurisdictions for Local and Statewide Measures if applicable, shall provide Election Officials with a list of Supporters and or Opponents (i.e., nonprofit organizations, businesses, or individuals) taken from the list of Supporters and or Opponents as part of the ballot label. The criteria for the ballot label are as follows.

Listing Criteria:
• Listing is limited to 125-Characters (Spaces, Commas, Semicolons, and other characters are included in count). • Listing is limited to five (5) Supporters and or Opponents. • To be within the limit of 125-Characters, names may be shorted, and acronyms may be used (Please note if list provided is over the limit the Election Officials may shorten or remove name(s) from list to meet criteria). • List provided must be in ranking order from 1 to 5 (This will ensure names with high ranking are not removed by the Election Officials if adjustments are required to meet the 125-Character criteria). • Measures that share Counties shall not include list of supporters or opponents if the other County with the same measure does not include list of supporters or opponents.
• If listing is not provided or there are none that meet the requirements “None Submitted” will be listed in place of names.

SAMPLE
Supporters: BetMGM LLC; Betfair Interactive US
LLC (FanDuel Sportsbook); Crown Gaming, Inc.
(Draftkings); Yesto Prop 27.com; Local Corp.

Opponents: San Manuel Band of Mission
Indians, the Pechanga Band of Luiseno Indians;
the Yocha Dehe Wintun Nation; Goodwill
Southern Ca.
57 COUNTY OF LOS ANGELES ELECTION PLANNING SECTION

REGISTRAR-RECORDER/COUNTY CLERK

AUTHORIZATION FOR ANOTHER PERSON TO SIGN

REBUTTAL ARGUMENT
(Elections Code Sections 9167, 9317 & 9504)
I, authorize the person listed below to
(Print name of AUTHOR of the Argument
sign the rebuttal to the argument  in favor  against Measure (Check one) (Letter)
for the election to be
(Jurisdiction)
held on .
(Date)
Any Author of the Argument may be replaced with another author to sign the Rebuttal. (Print name of Rebuttal Author)
(Signature of Rebuttal Author)
(Title to appear on Rebuttal)
Signature of Argument Author: Date:

Attach this form to the “Declaration by Authors Form” submitted with the Rebuttal Argument. 58 City Council Hybrid Meeting (Closed Session at 5:00 p.m. and Open Session at 6:00 p.m.) 01-23-24 17:00
Agenda Name Comments Support Oppose Neutral
i) REPORT 24-0001 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)
7 0 6 1
Sentiments for All Agenda Items
The following graphs display sentiments for comments that have location data. Only locations of users who have commented will be shown.

Overall Sentiment
Agenda Item: eComments for i) REPORT 24-0001 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)
Overall Sentiment
Carolyn Petty
Location: 90254
Submitted At: 12:47pm 01-23-24
I strongly oppose this proposal. The residents have spoken out against this resoundingly. If this City Council and City Manager respected the will of the voters, you would have taken heed and dramatically changed the way you manage the city's finances. Instead, you have continued to run in the opposite direction - case in point is tonight's agenda, loaded with new ways to spend money, including another raise and bonus for the City Manager.

Do you not even see the irony of this? If money is so tight, why do you continue to pay her more money? If money is so tight why do you keep engaging consultants, instead of having city staff do the work? The City Manager's budget has grown from $900k to a whopping $2.6M since Suja was hired. Perhaps you could start 59 cutting before you ask the residents to shell out more money into a giant slush fund.

Raymond Dussault
Location: 90254, HERMOSA BEACH
Submitted At: 11:19am 01-23-24
I am writing to express my strong opposition to the proposal to re-introduce a tax increase on the ballot. This move, coming so swiftly after the community voiced its clear dissent in the last election, raises serious concerns about ethical governance, fiscal responsibility, and adherence to the democratic process.

It is disheartening to witness the attempt to resurrect a tax increase that was resoundingly voted down by the community just last year.

The citizens of Hermosa Beach, to my recollection, spoke with a clear and united voice – rejecting this tax increase despite heavy pressure from Staff and Council to vote otherwise. Now, we find ourselves facing a renewed push for a tax increase, a move that feels disrespectful to the sentiments expressed by the very community you serve.

The proposal for new spending items in the agenda, combined with the city staff's track record of projects being mismanaged, delayed, and exceeding budgetary limits, raises concerns about the responsible use of taxpayer funds. No one believes these general fund dollars will go anywhere but to new City Manager support staff, new salary increase and more consultant fees.

Finally, the ethical implications of re-proposing a tax increase that faced opposition last year cannot be understated. I urge the council to reconsider the decision to place the tax increase on the ballot yet again and instead engage in a comprehensive and transparent discussion with the community.

Thank you for your attention to this matter, and I trust that the council will uphold the principles of accountability and fiscal responsibility in all decisions affecting our beloved Hermosa Beach.

Elka Worner
Location: 90254, Hermosa Beach
Submitted At: 11:08am 01-23-24
Residents voted against a sales tax increase two years ago. There’s no need to burden us with this again. If the city needs more money, maybe they should stop spending for costly consultants, useless studies and staff and salary increases. The city should demonstrate some fiscal restraint before shouldering residents with a tax increase, no matter how insignificant they claim it is. Our small businesses are already struggling. Don’t make it harder for them or for residents.

Robert Aronoff
Location: 90254, Hermosa Beach
Submitted At: 12:08am 01-23-24
If the City needs more money, start by denying the City Manager another raise or bonus. She has a contract and is not entitled to a raise. She has done nothing to earn a bonus. It is outrageous that the Council would consider raising our taxes so that City Manager can get more money.

Tony Higgins
Location:

Submitted At: 11:45am 01-22-24
Dear City Council,
The people spoke in the last election when they roundly rejected the sales tax increase and sent the message the city needed to look at other options and propose a budget to live within its means.

But what does city staff and a couple of council members bent of subverting the will of the people do:
(1) they subvert the will of the people by trying to put the same rejected measure on the 2024 ballot, 60 (2) they bring in highly paid consultants that tell us we need a new showcase 50 million dollar city hall and big hotel to reinvigorate our downtown business district and, (3) staff tells us we need to give our City Manager an unscheduled bonus or raise despite the fact that most projects continue to come in late and way over budget.

Take the park restroom project. It was way over budget, late and ended up with lawsuits. Think about the Clark building. This project has been going on nearly 5 years and is way late and over budget. Take the City Yard or even the purchase of police vehicles.

Either late or over budget or both.

Our city manager has had 5 years to correct trend. She is not up to the task.

And now you want to give her an unscheduled raise and give her more money with a tax increase the people already rejected?
SEE 1/23/2024 CITY COUNCIL MEETING AGENDA ITEM 14 d.

Then for icing on the cake you put the tax increase ballot measure as the last item on the 1/23 city council agenda.

SEE 1/23/2024 CITY COUNCIL MEETING AGENDA ITEM 14 i
This tax increase, given it was already soundly rejected by the voters in the last election deserves its own dedicated public hearing with plenty of publicity and public notice.

For staff to bring this ballot measure back as the last item on the agenda for approval in the wee hours of the night speaks volumes to how manipulative and corrupt certain members of the city council and our city manager have become.

Give us a dedicated, well noticed public hearing on the tax ballot initiative! Anthony Higgins
Randy Balik
Location:

Submitted At: 9:33am 01-22-24
No. No. No. We just did this. We just had this on the ballot. We voted NOOOOOO! So here we are again, trying to get this back on the ballot again??? Did you not hear us a little over a year ago? Are you going to keep contemplating this until we're asleep at the wheel and it passes? It's like a petulant child asking for the same thing over and over until a parent is beaten down and the 'no' turns to 'yes.' C'mon on! First priority, spend our money wisely and establish a reasonable and workable budget. It's not easy, I know. But do that hard work first. Make the hard budgeting choices with the money you have first. Throwing more of OUR money your way via a hefty new sales tax is NOT the answer - it's the easy way out. And to those residents who will speak out in favor of this as you did last time around (which is absolutely your right and your prerogative), please do not insult us this time around by supporting this via demeaning anecdotal examples about how little this will increase the cost of a sandwich (yes, I remember...it wasn't that long ago!). The fact is 3/4 cent for every single purchase, big and small, will add up to A LOT of extra expenditures for all of us. No. No. No.

Michele Hampton
Location:

Submitted At: 4:00pm 01-21-24
In 2022 this did not pass (Measure B) by the voters of Hermosa, BUT if the City Council wants this to pass in November 2024 I feel that the City Council needs to ensure the residents that the funds would be used as stated per the concerns of Hermosa residents:
"Residents have recently prioritized City services they would like additional local funding for including preventing 61 thefts and property crimes; supporting public safety and 911 emergency response; recruiting and retaining welltrained police officers; protecting coastal waters and beaches from pollution; supporting safe schools; and, keeping parks and public areas safe and clean." Crime is a huge issue. Let's get more police by using this fund, if passed, to protect our community and insure safety.
62 From: tony higgins
To: City Council; Suja Lowenthal; City Clerk; Patrick Donegan Subject: Re: Sales Tax increase
Date: Monday, January 22, 2024 1:05:59 PM
Attachments: image0.png
I inadvertently included the wrong screenshot in my attached email related to the city manager compensation increase.

This email corrects that.

But why did the city manager compensation increase agenda item suddenly appear on the 1/23/2024 agenda in the first place?
Why wasn’t it properly noticed as a future agenda item in the Dec 12, 2023 city council meeting staff report?
Why was this suddenly “sprung” on us?
Could it be the city manager didn’t want this future agenda item included in the staff report to mute public opposition?
CORRECTED LETER:

January 21,2024
Dear City Council,
The people spoke in the last election when they roundly rejected the sales tax increase and sent the message the city needed to look at other options and propose a budget to live within its means.

But what does city staff and a couple of council members bent of subverting the will of the people do:
(1) they subvert the will of the people by trying to put the same rejected measure on the 2024 ballot,
(2) they bring in highly paid consultants that tell us we need a new showcase 50 million dollar city hall and big hotel to reinvigorate our downtown business district and, (3) staff tells us we need to give our City Manager an unscheduled bonus or raise despite the fact that most projects continue to come in late and way over budget.

Either late or over budget or both.

Our city manager has had 5 years to correct this trend. She is not up to the task.

And now you want to give her an unscheduled raise and give her more money with a tax increase the people already rejected?
63 CORRECTED SCREENSHOT:

Then for icing on the cake you put the tax increase ballot measure as the last item on the 1/23 city council agenda.

This tax increase, given it was already soundly rejected by the voters in the last election deserves its own dedicated public hearing with plenty of publicity and public notice.

Give us a dedicated, well noticed public hearing on the tax ballot initiative! Anthony Higgins
64 1/23/2024
City of Hermosa Beach
Hermosa Beach, CA 90254
Dear City Council,
Subject: Concerns Regarding the Hermosa Beach Chamber of Commerce I am writing to you to share my concerns about recent activities that have come to my attention involving the Hermosa Beach Chamber of Commerce. As background, I have owned a business in Hermosa Beach for close to 30 years and have served on and off the Board of the Hermosa Beach Chamber of Commerce for 10 years, including being elected its first female Chairman. I am bringing this matter to your attention as a key partner of the Chamber in hopes you can assist in correcting these issues through an independent review.

In early 2022, I began expressing concern to the Executive Board about undisclosed and unapproved financial transactions between various Board Members, our Executive Director, and the Chamber. As a tax-exempt organization (a non-profit) we are prohibited from using income or assets to excessively benefit an individual that has a close relationship with the tax-exempt organization or can exercise significant influence over the organization.

Additionally, we are required to pay taxes and provide the public accurate financial statements and disclosures as part of our 990 and 199 filings.

One of the ways the Chamber ensures compliance with disclosures is a Conflict-of-Interest Policy and State Laws that requires any Board Member or Employee to disclose a potential financial transaction to the Full Board to allow for evaluating a proposed transaction for appropriateness or possible inurement before voting to approve or deny the transaction. The Board must take a formal vote and the disclosure, discussion and vote is required to be documented in the Minutes of the Meeting. An additional oversight measure to ensure non-disclosures may be uncovered is the legal and absolute of right of every Board Member to review all financial transactions.

As I became increasing concerned about what I believe might be inappropriate and undisclosed financial transactions, I became more vocal and requested financial detail (e.g. invoices, etc.) beyond the summary financials provided to the Board. My requests were met with resistance and shortly thereafter I was removed from the Board by our Vice Chair of Finance, Tom Bakaly. The official reason I was provided for my removal was “lack of qualification”. My removal violated our Bylaws and State law. After failed attempts to be peacefully reinstated, I contacted an attorney and was quickly reinstated. Thereafter, I spent the next 3-6 month gaining access to the financial details of the Chamber I requested before my removal.

The following is a summary of findings from my review that I have disclosed to the Board that continue to be unresolved. I believe they put the Chamber’s non-profit status in jeopardy. As a economic partner to the Chamber, I wish to notify you of my findings and hope you take steps to fully assess and resolve these matters before providing the organization continued financial support.

Self Dealing / Inurement Transactions
Over the period of late 2021 through 2023, the Chamber has made $160,863 in payments to Board Members and the Executive Director as detailed below.

Fiesta Beer Garden - $133,386 - In coordination with Jessica Accamando, Board Member and Chairman Dave Davis worked on a plan in 2021 to change the beer and wine providers in the Beer Garden. The original arrangement was with AB Beverage would include: (1) $20,000 payment to the Chamber for marketing exposure at the event (2) sell the Chamber beer at wholesale keg price (approx. $150/keg costing the Chamber approx. $1.50/beer).

Volunteer non-profit organizations would pour the beer for not cost but would keep tips from customers. The 65 Chamber would profit substantially from the difference the difference between the sales price and the beer cost as well as the marketing income.

The new arrangement was to replace AB Beverage with primarily Board Member businesses including Chairman Davis’s business, Hermosa Brewing Company, Executive Committee Member and Board Member Kathy Knoll’s business, Uncorked, and Board Member Tim Shea’s business, The Brew Halls as the primary key vendors. This arrangement would include: (1) $0 payment to the Chamber for marketing exposure at the event (2) be paid $4.00-

5.00 per beer sold for “staffing” (3) reimbursement for supplies and cups. Instead of volunteer non-profit organizations pouring, Mr. Davis and Ms. Knoll and their staff would pour and keep all tips.

A. $113,386.00 In Payments to Board Members Dave Davis, Kathy Knoll and Tim Shea for Beer Garden Profit Sharing in 2021-2023.
• $42,730 in payments to Chairman of the Board, Dave Davis’s Company (Member) o 2023 – Dave Davis (Chamber Chairman): Payment made in 2023 totaling $13,256 to Hermosa Brewing Company, LLC in which Chairman of the Board Dave Davis is a Member of the LLC. o 2022 – Dave Davis (Chamber Chairman): Payment made in 2022 totaling $16,362 to Hermosa Brewing Company, LLC in which Chairman of the Board Dave Davis is a Member of the LLC. o 2021 – Dave Davis (Chamber Chairman): Payment made in 2022 totaling $13,112 to Hermosa Brewing Company in which Chairman of the Board Dave Davis is a Member of the LLC. • $22,659 in payments to Board Director, Kathy Knoll Company (Managing Member) o 2023 – Kathy Knoll (Former Chamber Director): Payment made in 2022 totaling $5,947 to Uncorked/The Wine Shop, LLC in which Kathy Knoll the Manager Member of the LLC. o 2022 – Kathy Knoll (Chamber Director): Payment made in 2022 totaling $7,802 to Uncorked/The Wine Shop, LLC in which Kathy Knoll the Manager Member of the LLC. o 2021 – Kathy Knoll (Chamber Director): Payment made in 2021 totaling $8,910 to Uncorked/The Wine Shop, LLC in which Kathy Knoll the manager member of the LLC. • $32,436 in payments to Board Director, Tim Shea’s Company (Operating Partner) o 2023 – Tim Shea (Former Chamber Director): Payment made in 2022 totaling $9,614 to The Brews Hall in which Tim Shea was an Operating Partner of The Brews Hall in Torrance. o 2022 – Tim Shea (Chamber Director): Payment made in 2022 totaling $12,362 to The Brews Hall in which Tim Shea was an Operating Partner of The Brews Hall in Torrance. o 2021 - Tim Shea (Chamber Director): Payment made in 2021 totaling $10,460 to The Brews Hall in which Tim Shea was an Operating Partner of the Brews Hall in Torrance. This appears to meet the $10,000 reporting threshold.

Marketing - Hiring of NuVooDoo Media Services - $20,729 - In 2021, Jessica Accamando hired NuVooDoo Media services for marketing services without Board approval and made unapproved and undisclosed payments on behalf of the Chamber via wire transfers and payment on her Chamber credit card. Jessica Accamando had recently worked for NuVooDoo Media and her Spouse, Ashley Tull, was an employee of the Company and was hired through NuVooDoo to do work for the Chamber. Additionally, hourly staff hired by Jessica for 2021-2023 included NuVooDoo Media employees Mille S. and Shy B.
• $20,749 In Undisclosed and Unapproved Payments to President/CEO’s (Jessica Accamando) prior employer/partner and Spouse’s Employer (NuVooDoo Media). o 2021 – Two undisclosed wire transfers made in 2021 totaling $15,750 to NuVooDoo Media Services.
o 2021 Two undisclosed Credit Card charges in 2022 totally $5,000 to NuVooDoo Media Services. 66 Marketing – Bridget Prendergast - $23,158 - In 2021, Jessica Accamando hired Bridget Prendergast for marketing and design services without Board approval and made unapproved and undisclosed payments on behalf of the Chamber via payroll payments. Chamber President, Jessica Accamando owns and operates an outside business Creative Fish Studio. Bridget Prendergast located in Portland has worked for her as an employee, independent contractor, COO and partner during 2021-2023. Jessica hired Bridget / Creative Fish to perform work for the Chamber from 2021-2023.
• $23,158 In Undisclosed and Unapproved Payments to Presidents/CEO’s (Jessica Accamando) partner/employee in Creative Fish Studio (Bridget Prendergast) for marketing and design services. o 2023 – Bridget Prendergast (Employee/Business Partner of Chamber President): Payment made in 2023 totaling $7,058 to Bridget Prendergast Member of Creative Fish, LLC for creative services.

Hourly rate ranging from $60/hour - $85/hour.
o 2022 – Bridget Prendergast (Employee/Business Partner of Chamber President): Payment made in 2023 totaling $13,190 to Bridget Prendergast COO of Creative Fish for creative services. Hourly rate ranging from $60/hour - $85/hour.
o 2021 – Bridget Prendergast (Employee/Business Partner of Chamber President): Payment made in 2023 totaling $2,910 to Bridget Prendergast for creative services. Hourly rate ranging from $60/hour - $85/hour.

Marketing – Ashley Tull - $3,570 - In 2022, Jessica Accamando hired Ashley Tull for hourly services without Board approval and made unapproved and undisclosed payments on behalf of the Chamber via ACH payments. • $3,570 In Undisclosed and Unapproved Payments to President/CEO’s (Jessica Accamando) Spouse (Ashley Tull) for undisclosed services during Fiesta Hermosa. o 2022 - Ashley Tull (Spouse of Chamber President Jessica Accamando) was paid via $3,570 via ACH by Jessica Accamando for undisclosed services at Fiestas. Hourly rate ranging from $50/hour - $25/hour.

Misappropriation of Public Funds
CDTFA - The Chamber had misrepresented financial transactions on tax returns to the CDTFA in 2021 and 2022 to avoid paying sales tax to the State. Specifically, the return attest that all sales of merchandise were sold to resellers or resold instead of reporting the significant retail sales of good and services. The CDTFA is aware of this issue and has required new returns to be submitted resulting in an estimated tax liability from 2021-2023 of approximately $50,000. The Chamber is currently under examination by the CDTFA.

SBA PPP Loan - On 02/09/2021, the Chamber received a PPP loan from the SBA in the amount of $31,487. The PPP loan program was established to encourage organizations to retain and pay employees during the COVID pandemic.

The SBA program allowed for full or partial loan forgiveness if the organization used loan proceeds for Qualified Employee Payroll.

The Chamber had between the months 02/09/2021 - 07/26/2021 (the Covered Period) to use the loan for qualified employee payroll expenses to be eligible for full or partial loan forgiveness. Actual payroll during the Covered Period was approximately $4,300, for employees Maureen Hunt and Rachel Bonds between 2/09/2021-2/28/21 (based on HBCC General Ledger Detail).

On 02/09/2022 Jessica Accamando signed PPP Loan Forgiveness Application Form 3508S. On the application, she certified on behalf of Borrower (Dave Davis – Chairman, and Tom Bakaly – VP Finance, see Borrower Attachments) that $25,000 was spent on Payroll Costs. She represented that Borrower complied with all requirements of the Paycheck Protection Program Rules and that the application was true and correct in all material respects under penalty of law. Based on my review of documents provided by accounting, it appears Payroll Costs were inflated and misrepresented by approximately $20,000 resulting in full PPP loan forgiveness and accordingly 67 misappropriation of public funds. I estimate the actual qualified loan forgives to be approximately $7,000 resulting in an outstanding and undisclosed loan liability of $24,500.

Summary
I understand the importance of due process and am not seeking immediate action without a proper investigation.

However, given the potential impact of these actions on the community and the reputation of Hermosa Beach, I urge the city to take these concerns seriously and consider a thorough investigation into the matter. As the 990 filings that made public are inaccurate as to the financial position of the Chamber it is necessary that the public be aware.

I trust that the City of Hermosa Beach will handle this matter with the utmost seriousness and transparency. I am willing to provide any further information or assistance that may be required in this regard.

Thank you for your attention to this important matter. I look forward to your response and am hopeful for a resolution that upholds the integrity and values of our community.

Sincerely,
Andrea Jacobsson
68 City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
REPORT 24-0067
Honorable Mayor and Members of the Hermosa Beach City Council Special Meeting of February 15, 2024

DISCUSSION REGARDING THE FEES FOR CONDITIONAL USE

PERMITS (CUP) AND AMENDMENTS TO ENTITLEMENTS FOR

OUTDOOR DINING
(Continued from January 23, 2024)
(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 City of Hermosa Beach Page 1 of 5 Printed on 2/8/2024
powered by Legistar™ 69
Staff Report
REPORT 24-0067
distributed expenses;
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 council, 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 City of Hermosa Beach Page 2 of 5 Printed on 2/8/2024
powered by Legistar™ 70
Staff Report
REPORT 24-0067
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 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
City of Hermosa Beach Page 3 of 5 Printed on 2/8/2024
powered by Legistar™ 71
Staff Report
REPORT 24-0067
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 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 City of Hermosa Beach Page 4 of 5 Printed on 2/8/2024
powered by Legistar™ 72
Staff Report
REPORT 24-0067
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.

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 2/8/2024
powered by Legistar™ 73

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 74

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 75

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 76

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 77

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.

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 78

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 79

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 80

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.

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 81

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):

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 82

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 83

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 84

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 85

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 86

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 87

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 88

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 89

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 90

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 91

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 92

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 93

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 94

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 95

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 96

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 97

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 98

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 99

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
27 100
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
101
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
102
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
103
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
104
City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
REPORT 24-0065
Honorable Mayor and Members of the Hermosa Beach City Council Special Meeting of February 15, 2024

DISCUSSION REGARDING THE REGULATION OF

BICYCLES AND ELECTRIC BICYCLES IN THE CITY
(Continued from January 23, 2024)
(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 bicycle1 (“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.
_____________
1 HBMC § 10.04.010 defines electric bicycle into three different classes consistent with how the State defines them.

However, for purpose of the City’s area-specific regulations, the City does not differentiate between the various classes of e-bike. State law does have some regulations dealing with helmets, age restrictions, and what class of bike path each class of e-bike can be operated on.

City of Hermosa Beach Page 1 of 5 Printed on 2/8/2024
powered by Legistar™105
Staff Report
REPORT 24-0065
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 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 City of Hermosa Beach Page 2 of 5 Printed on 2/8/2024
powered by Legistar™106
Staff Report
REPORT 24-0065
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 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.

City of Hermosa Beach Page 3 of 5 Printed on 2/8/2024
powered by Legistar™107
Staff Report
REPORT 24-0065
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.1
· 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, e-bike 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 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.
_____________
1 Defined to include, among other things, riding on a sidewalk without due caution for pedestrians; riding against flow of traffic, not yielding to other vehicles or pedestrians, intentionally swerving around stopped or slowed traffic, not obeying posted signs, and unsafe trick riding or racing.

City of Hermosa Beach Page 4 of 5 Printed on 2/8/2024
powered by Legistar™108
Staff Report
REPORT 24-0065
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 5 of 5 Printed on 2/8/2024
powered by Legistar™109

Page 1 of 5 ends

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.

A. It is unlawful for any person to ride or operate any bicycle, electric bicycle, motordriven cycle, pocket bike or any other electric or motorized conveyance unless such ride or operation complies with the following:
110

Page 2 of 5 ends

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, motordriven cycle, pocket bike or any other electric or motorized conveyance.

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. 111

Page 3 of 5 ends

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, motordriven 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.) 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.
112

Page 4 of 5 ends

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, motor-driven 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.

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. 113

Page 5 of 5 ends

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.

PASSED, APPROVED and ADOPTED this 15th Day of February, 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
114
City Council Hybrid Meeting (Closed Session at 5:00 p.m. and Open Session at 6:00 p.m.) 01-23-24 17:00
Agenda Name Comments Support Oppose Neutral
h) REPORT 24-0043 DISCUSSION REGARDINGTHE REGULATION OF

BICYCLES AND ELECTRIC BICYCLES IN THE CITY
(City Attorney Patrick Donegan)
5 1 0 3
Sentiments for All Agenda Items
The following graphs display sentiments for comments that have location data. Only locations of users who have commented will be shown.

Overall Sentiment
Agenda Item: eComments for h) REPORT 24-0043 DISCUSSION REGARDINGTHE REGULATION OF

BICYCLES AND ELECTRIC BICYCLES IN THE CITY
(City Attorney Patrick Donegan)
Overall Sentiment
Raymond Dussault
Location: 90254, HERMOSA BEACH
Submitted At: 11:46am 01-23-24
I hope this message finds you well. I am writing to bring attention to a concerning issue that has been on the minds of many residents – the inadequate enforcement of current e-bike regulations and the noticeable absence of late-night police presence on Pier Plaza.

Recently, there has been a growing chorus of concerns regarding the lack of effective enforcement for existing ebike regulations, a matter that not only compromises the safety of residents but also underscores the need for improved resource allocation. Residents are consistently told that there are insufficient resources to address these challenges adequately.

One incident, in particular, brought this issue sharply into focus. As I left Hennessey's around midnight, a group of e-bike riders speeding down the Strand and onto Pier Plaza at dangerous speeds nearly collided with patrons.

What was more disconcerting was the presence of two HBPD vehicles, seemingly oblivious to the reckless riders, parked nose-to-tail at the turn-around by Beach House on 14th St., engaged in a casual conversation. 115
This raises several questions – why were these officers not responsive to the out-of-control e-bike riders, and is the turnaround by Beach House on 14th Street deemed a high-crime area warranting such vigilant attention? It doesn’t appear to be.

While we advocate for improved e-bike regulations to ensure the safety of our community, it is equally crucial to address resource allocation that aligns with the needs and desires of residents.

I implore the City Council to consider a comprehensive approach that includes both strengthening e-bike regulations and ensuring that our law enforcement resources are strategically deployed to safeguard the wellbeing of residents. By doing so, we can foster a community that prioritizes safety, responsible resource allocation, and effective governance.

Thank you for your time and attention to this matter. I trust that the City Council will take the necessary steps to address these concerns and enhance the overall safety and well-being of our beautiful Hermosa Beach.

Robert Aronoff
Location: 90254, Hermosa Beach
Submitted At: 4:48pm 01-22-24
Electric bikes on The Strand are dangerous, a nuisance, noisy and unnecessary. In the past few years, The Strand has been transformed from a a quiet recreational path into a freeway. The Strand was never intended to be a highway There is no reason that electric bikes need to be on The Strand. They are not part of our community commitment to exercise and fitness. A regular bike is for exercise and fitness. An electric bike on The Strand is for someone too lazy to pedal or looking to speed.

I live on The Strand and can hear in my house electric bikes buzzing by at all hours. I often see 2 or 3 children on a bike without helmets, speeding and doing tricks. A serious accident is inevitable. More than once while waking on The Strand I have been bumped by electric bikes.

There are two existing laws that should not be changed. They need to be enforced:
(1) The 8mph speed limit, and
(2) the prohibition against riders utilizing the electric motor or other electric propelled power while on The Strand.

The argument that is difficult to tell whether a rider is using electric power or not is simply BS and an excuse by the Chief of Police not willing to enforce the law.

Proposed Section 10.12.175 is good. But will it get any enforcement action? No, not until the Counsel gets a Police Chief who can see who is peddling a bike, and who is not. We need a Police Chief who is concerned with public safety and is willing to enforce the law.

The proposed ordinance does not address safety education, and it should. You have to be 15½ and pass a test to ride a motorcycle. Why shouldn’t an e-bike rider be of a minimum age and have some safety training? Finally, barriers at the walk-zone by the pier do nothing to slow the e-bike riders. The barriers just cause a hazard as on coming traffic is forced to face each other while the bikes try to weave through a more narrow path. Get rid of the barriers, put up some signs and enforce the law.

David Grethen
Location:

Submitted At: 2:28pm 01-22-24
Based on Staff report review, it appears that the following two provisions of the recently revised Manhattan Beach code are NOT in included in the Hermosa Beach recommendation.

1. 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.

2. Requires riders to ride in single file, and not more than two abreast.

Please consider the desirability and appropriateness of these for Hermosa Beach as well (with enforceability in mind as always and considering implementation on streets with sharrows versus without sharrows).

David Grethen
Public Works Commission (public right-of-way usage issue) 116
Vincent Busam
Location: 90254, Hermosa Beach
Submitted At: 7:07am 01-22-24
Bikes and E-Bikes are a very important part of our city's transportation infrastructure. The recent E-Bike boom has benefitted the city greatly. It's an easier way for many residents to get around town. It greatly lowers the impact of travel on our shared roads and parking space. It reduces congestion. Even with valid safety concerns, they are a big safety improvement over having more cars on the road, especially more cars operated by younger citizens who make up a large percentage of e-bike users. I want to live in a city that prioritizes biking, walking, ride-share and other more efficient ways of travel. So the most important thing to consider in this discussion is to make sure we do not discourage biking at all.

Most of the laws in this proposal are already on the books, is a new ordinance really needed? Specific to Pier Plaza - ticketing for illegal parking should only happen if there are sufficient legal places to park bikes. If the existing spots are full of bikes, the city should add more before citing - there is plenty of space to do this.

Additionally, Manhattan Beach added a couple laws which are very dangerous, and we should not follow in Hermosa. Specifically, the rules prohibiting riding two-abreast, and as close to the right hand curb as possible.

These laws end up encouraging drivers to more dangerously pass bike riders, increasing the likelihood of collisions. The primary purpose here is to let motorists drive faster around our streets. Travel on our streets (other than PCH) in Hermosa should be slower, and e-bikes are generally operating at a good speed for our streets.

Michele Hampton
Location:

Submitted At: 3:13pm 01-21-24
I am all in for more safety laws for those that ride e-bikes here in Hermosa Beach. As noted in the Legislation Text for this agenda item that the challenge is still law enforcement for this. We just need more police here in Hermosa. But on that note, I think it would be beneficial for the City Council to not just "If desired" by the City Council as stated in this Legislation Text ("If desired, City Council should direct staff to schedule a public hearing for formal consideration of an ordinance.") You SHOULD have a public hearing on this matter.
117
City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
REPORT 24-0066
Honorable Mayor and Members of the Hermosa Beach City Council Special Meeting of February 15, 2024

CONSIDERATION OF A RESOLUTION AMENDING THE

RULES OF CONDUCT OF CITY COUNCIL MEETINGS AND

SUBSIDIARY CITY BOARDS AND COMMISSIONS
(Continued from January 23, 2024)
(City Attorney Patrick Donegan)
Recommended Action:

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

Executive Summary:

Since returning to in-person meetings after the COVID-19 pandemic, City Council maintained a modified meeting format allowing remote participation by the public. The use and efficacy of this feature was continually monitored and, along with other format and operational issues pertaining to City Council meetings, was discussed in depth by City Council at its December 12, 2023 meeting.

The proposed resolution reflects the direction provided by 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 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 Council Chambers, or remotely. The public was also provided the option to attend in-person or attend and participate via the remote option.

City Council currently meets in-person, subject to the Brown Act’s remote attendance rules when applicable, but still allows members of the public to view and participate (i.e., provide public comments during the various portions of the meeting when called upon) remotely. However, no formal action or policy was adopted by either the City Council or any City Board or Commission City of Hermosa Beach Page 1 of 6 Printed on 2/8/2024
powered by Legistar™118
Staff Report
REPORT 24-0066
formal action or policy was adopted by either the City Council or any City Board or Commission related to the use and implementation of remote participation by the public.

At its September 26, 2023 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 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 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 live comment participation function has not been provided at City Board and Commission meetings, but residents and members of the public can still view the meetings via Zoom as well as other technology based platforms listed on the agenda. Remote participation was suspended for a variety of reasons including the lack of City staff required to monitor and handle such a coordinated attack, should it occur at a Board or Commission meeting. The public was still able to submit written comments to these bodies, as well as attend inperson at the meetings.

In the absence of any action by the City Council, the City’s Boards and Commissions were advised that each respective meeting body could set its own policy regarding remote participation subject to the availability of staff and City resources. As the City’s ultimate decision-maker, the City Council has the discretion to set rules for all of its subsidiary bodies. Absent direction or action by the City Council, these bodies would be afforded the discretion to make 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 remote platform could be discussed. Council further directed staff to include other possible changes to the format and timelines for certain items at City Council meetings for discussion. These additional discussion items include, but are not limited to, options to ensure that items on the agenda are heard in a timely manner and are not delayed into the late evening by lengthy periods of public comment.

At its December 12, 2023 meeting, City Council discussed the details of this report in-depth and directed City staff to return with 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 citywide.

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
City of Hermosa Beach Page 2 of 6 Printed on 2/8/2024
powered by Legistar™119
Staff Report
REPORT 24-0066
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
Discussion:

Remote Participation
With the City Council (and City Boards and Commissions) meeting in person in City Council chambers, the Brown Act does not legally mandate that the public be allowed to participate remotely.

Only if a member of the City Council 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 public - unless they are physically present at the alternative location. However, nothing in the Brown Act would prevent the City Council from allowing remote public participation.

Remote participation allows members of the public the opportunity to view or listen in to City meetings and participate when an item of interest is called. City staff expected increased public participation from members of the public that typically would not participate. Staff has not seen the expected increase in public participation.

The technical responsibilities of hosting and running the remote platform requires a dedicated staff member to monitor and run the remote platform meeting while ensuring that the bandwidth required for the remote platform does not contribute to other technical issues. Finally, when a meeting is noticed that guarantees a public comment option, members of the public shall be allowed to attend and participate remotely. Should the City’s ability to host and run the remote platform meeting be compromised, the meeting cannot continue.

Despite the technical challenges associated with managing remote participation, it continues to allow City of Hermosa Beach Page 3 of 6 Printed on 2/8/2024
powered by Legistar™120
Staff Report
REPORT 24-0066
Despite the technical challenges associated with managing remote participation, it continues to allow members of the public who cannot attend in person the ability to comment in real time when the item is heard. While written comments are available to members of the public, remote public participation allows for a commenter to listen to the staff report and any questions the City Council may posit in real-time to better inform their comments . However, staff does not expect that public participation will generate a diverse group of the public to participate remotely with the continuation of a remote public participation.

City staff surveyed other jurisdictions and the City would not be alone in limiting public participation to in person only. The results of the 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 they adhere to local and State law. Currently, City Council meetings solicit general public comment which are within the Council’s jurisdiction, but not listed on the agenda as an action item. There is currently no time limit for general public comment which can result in numerous public commenters speaking on one or more items not listed on the agenda for an extended period of time. Lengthy general public comment periods in addition to Proclamations/Presentations, City Councilmember Comments, and/or Consent Calendar Items that get pulled for separate discussion can result in the Council’s legal Public Hearings heard late into the meeting, causing other items listed on the agenda to be heard later into the evening. Members of the public have expressed their frustration that the items listed on the agenda are not heard until hours after the meeting start time.

Staff reviewed how other jurisdictions have balanced the allowance of general public comment while still efficiently getting to the City’s business items on the agenda at a reasonable hour so that those who are in attendance are not forced to wait until unreasonably late hours to participate in an item.

Ultimately, City Council directed staff to bifurcate the general public comment opportunity by limiting the first general public comment opportunity to two minutes per speaker, not to exceed 30 minutes. A second public comment opportunity would open at the latter part of the meeting to give any an additional opportunity to members of the public wishing to address the Council on a matter not listed on the agenda, but within the Council’s jurisdiction. City Council directed staff to modify the agenda so that general public comment be provided in person only. However, action items would have a remote public participation option and both in person and remote public comments for items on the agenda are limited to three minutes per speaker instead of two minutes.

The modifications to the City Council agenda format are implemented for the January 23, 2024 meeting. Any subsequent Board and Commission agendas scheduled after the direction provided by City of Hermosa Beach Page 4 of 6 Printed on 2/8/2024 powered by Legistar™121
Staff Report
REPORT 24-0066
meeting. Any subsequent Board and Commission agendas scheduled after the direction provided by City Council at their December 12, 2023 meeting have also been modified to implement the changes.

City Council may wish to consider additional modifications to the format and structure of its meeting agendas or its Boards and Commissions.

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);
(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 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 and conflicts with the City’s adopted resolution. A copy of the exiting City Council Resolution (Resolution No. 15-6988) is attached as Attachment 3 and a redline of this resolution is attached as Attachment 4.

Finally, at the request of the City Attorney’s office, the City Council should consider the efficacy of Robert’s Rules of Order and if a switch to Rosenberg’s Rules of Order (Attachment 5) is appropriate.

Currently, City meetings are governed by Robert’s Rules of Order. These rules are made up of hundreds of pages of technical and nuanced rules that are more geared toward large legislative bodies such as Congress. Rosenberg’s Rules of Order is a simplified set of parliamentary rules widely used by other jurisdictions in California in lieu of Robert’s Rules because other jurisdictions have found them practical, logical, simple, easy to learn and user friendly. While there are differences in that Robert’s Rules contemplates way more scenarios (many of which are inapplicable to a fivemember body like the City Council), Rosenberg’s Rules are derived from Robert’s Rules in that the City’s meetings would more or less run the same under the chair (i.e., Mayor) with the typical procedure of a motion to take action as well as a super majority required for items like a motion to City of Hermosa Beach Page 5 of 6 Printed on 2/8/2024
powered by Legistar™122
Staff Report
REPORT 24-0066
end debate.

General Plan Consistency:

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

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

Policies:
· 1.1 Open Meetings. Maintain the community’s trust by holding meetings in which decisions are being made, that are open and available for all community members to attend, participate, or view remotely.
· 1.4 Consensus oriented. Strive to utilize a consensus-oriented decision-making process.

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

Policy:
· 2.3 Public participation guidelines. Establish parameters and guidelines to ensure public 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
City of Hermosa Beach Page 6 of 6 Printed on 2/8/2024
powered by Legistar™123

Page 1 of 10 ends

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.
124

Page 2 of 10 ends

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.
125

Page 3 of 10 ends

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 meetings attended.
126

Page 4 of 10 ends

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 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 127

Page 5 of 10 ends

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.

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 128

Page 6 of 10 ends

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 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 129

Page 7 of 10 ends

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 at hand. Councilmembers should endeavor to express their views without engaging in lengthy debates.
130

Page 8 of 10 ends

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.
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 131

Page 9 of 10 ends

Hermosa Beach City CouncilFebruary 15, 2024

Hermosa Beach City Council
February 15, 2024