Agenda packet — Hermosa Beach City Council, January 14, 2025 (part 4 of 8)

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Exhibit A – SAMPLE Special Events Permit

CITY OF HERMOSA BEACH

SPECIAL EVENT PERMIT PROGRAM
I. Permit
CITY OF HERMOSA BEACH (“City”) hereby grants approval to NAME (“EVENT PLANNER”) for use of EVENT LOCATION(S) (the “SITE”) for EVENT TITLE (the “EVENT”).

The permission granted herein for conduct of the EVENT on the SITE, shall commence from SETUP TIME on EVENT DATE, YEAR and terminate at END OF TEARDOWN TIME on dates listed, including setup and teardown.

This Permit is revocable at any time for violation of conditions of approval, the Hermosa Beach Municipal Code or any applicable regulation or law. The City reserves the right to terminate this permit at any time without advance notice and on cause deemed sufficient by the City.

II. Event Planner’s Obligations (checked boxes denote applicable obligations)
☐ Damage deposit: Post a bond, cashier's check or letter of credit, in the amount of $_______________ as compensation for any damage that may occur to physical property or other costs arising from EVENT PLANNER’S use of the SITE. The bond or other surety shall provide that in the event the EVENT PLANNER fails or refuses to clean up and restore the SITE to its original condition or fails or refuses to compensate City for other physical damage, City may, at its option, make demand upon the surety for such cash payment as is required to perform such work.

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

Event producer agrees to furnish the City of Hermosa Beach evidence of comprehensive general liability insurance in the form of a certificate naming "the City of Hermosa Beach, its officers, agents, volunteers, and employees as additional insureds." This exact verbiage is required. Event producer shall notify the City at least thirty (30) days prior to the termination, reduction, cancellation, suspension, modification, or expiration of the policy.

Notwithstanding the foregoing, Event producer shall maintain insurance coverage meeting the standards outlined in this Section at all times during the term of the activity or activities for which the Event producer submitted its application, as reflected in and permitted by this Agreement. All certificates are subject to approval of the City’s Risk Manager.

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

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

If the Event producer maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
☒ Event fees: EVENT PLANNER shall tender any outstanding fees associated with the City’s Special Event Application process a

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minimum of 30 days prior to the EVENT and shall pay any post-event fees within 7 days following the event.
☒ Permits and approvals: EVENT PLANNER shall obtain all necessary permits and approvals for the EVENT as set forth in the completed Special Event Application or otherwise required by the City (e.g., Amplified Sound Permit, Business License, street banner approval, etc.).
☒ Designated Event Contact. Provide City with the name and event day telephone number of its designated representative for the event, and/or the names of designated representatives who will be physically on the property for the entire duration of the EVENT if different from that stated on the Special Event Permit Application. ☐ Event Notifications. Notify all residents and businesses within a 500- foot radius of the SITE. The City shall provide the notice, which will include event details and the telephone number of the EVENT PLANNER. Said notice shall be provide to the surrounding residents and businesses by the EVENT PLANNNER at least one week prior to the event.

Commencing with the date and time this permit authorizes the use by the EVENT PLANNER for the EVENT, EVENT PLANNER shall:
☐ Fence the entire EVENT area.
☐ Install a protective barrier around the perimeter of the EVENT. EVENT PLANNER shall be responsible for removal of the barrier upon completion of the EVENT. Said barrier(s) shall structurally and aesthetically fulfill the City’s requirements for said barrier(s). ☐ Provide adequate portable restroom facilities for the EVENT according to standards as outlined by City for Special Events. ☒ Provide adequate first aid facilities and staff.
☒ Ensure that the EVENT includes adequate access and seating to reasonably accommodate the needs of the disabled.

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☒ Provide City staff and designated City representatives with proper credentials and identification for access to the EVENT and SITE area, if needed.
☒ EVENT PLANNER shall perform a walk-through of the SITE at least one week prior to the EVENT, at which time the condition of the SITE shall be duly noted in writing to the City and shall specifically identify any existing damage or other abnormalities. The City shall repair anything identified as a potential hazard or liability prior to EVENT PLANNER taking possession of the SITE.
☒ Clean, restore, resurface and make operational the SITE to the satisfaction of the City.

NO TRASH MAY BE LEFT AT THE SITE. THE EVENT PLANNER IS RESPONSIBLE FOR

SECURING ADDITIONAL TRASH SERVICES THROUGH ATHENS OR REMOVING AND DISPOSING OF ALL TRASH OFF-SITE.
☒ Pay to City the total sum of costs for all personnel, materials, equipment, and disposal fees incurred by City in connection with SITE preparation and clean-up activities and associated repairs including overhead and indirect costs. Payment shall be made within 30 days of receipt of invoice from City.
☒ Conduct the EVENT in accordance with all materials included in the complete Special Event Application for the EVENT approved by the City, including but not limited to the EVENT Site Plan, Parking Plan, Safety/Security Plan, Green Matrix, and Accessibility Plan. If information on any Special Event Application materials has changed from that which was approved by the City, EVENT PLANNER shall notify the City immediately.
☒ Conduct the EVENT in accordance with all policies outlined in the Special Events Policy Guide.
☒ EVENT PLANNER’s obligations shall be completed in the time periods set forth above and notice of items not completed to City’s satisfaction shall be given to EVENT PLANNER in writing. EVENT PLANNER shall have seven days from receipt of notice to complete

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the obligation, except in the event of an emergency. Any obligations not completed within the dates set forth above may be completed by City and EVENT PLANNER shall reimburse City on a time and materials basis.

III. Services to be Provided by City
☐ Representatives of the City, including any required police, public works, or Los Angeles County Fire Department officials will provide City services, and complete required inspections.
☐ Approval and inspection of street closures within the SITE as agreed upon by City and the EVENT PLANNER.
☐ Facilitate posting and reposting of No Parking signage in reserved parking spaces agreed upon by the City and the EVENT PLANNER.

If vehicles not associated with the event utilize the reserved parking spaces, please contact non-emergency dispatch at (310) 524-2750 to inform parking enforcement.
☒ Ensure that, to the best of the City’s knowledge, all other organized activities will be excluded from the SITE during the EVENT. ☒ Provide City contact during the time EVENT PLANNER maintains possession of the SITE.

Monday-Thursday: 7:00am-6:00pm: (310) 318-0280
Monday-Thursday 6:00-10:00pm or Friday-Sunday 8:00am-10:00pm: (310) 629- 3538
Outside of these hours, please contact non-emergency dispatch at (310) 524- 2750
IV. Notices
All notices and communications shall be sent to the parties at the following addresses:

The City of Hermosa Beach Name/Organization

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[1315 Valley Drive [Address
Hermosa Beach, CA 90254] [City, State, Zip code]
V. Indemnification
EVENT PLANNER shall hold harmless, defend and indemnify the City and County of Los Angeles, its officers, employees and volunteer from and against any and all liability, loss, damage expense, and costs (including without limitation costs and fees of litigation), of every nature arising out of or in connection with production and performance of the EVENT or its failure to comply with any of its obligations contained in this Permit except such loss or damage which was caused by the sole negligence or willful misconduct of the City.

EVENT PLANNER shall pay promptly any judgment rendered against City and County of Los Angeles, their respective officers, agents or employees, for any such claims, damages, penalties, obligations and/or liabilities.

VI. Authority
The person executing this Permit for EVENT PLANNER certifies that s/he has full authority to sign on behalf of EVENT PLANNER and to bind EVENT PLANNER to the foregoing conditions.

VII.Revocation
EVENT PLANNER hereby accepts all of the foregoing conditions and understands and acknowledges that City may revoke this permit at any time upon finding that any of the foregoing conditions have not been satisfied.

EVENT PLANNER further acknowledges that this permit may be revoked and the EVENT ordered concluded at any time during the course of the EVENT by the highest ranking City police officer or fire personnel on duty at the time upon determination that the EVENT is causing a violation of State law or upon a determination that the EVENT has become a threat to public safety.

VIII. Miscellaneous Provisions

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This permit is personal to the EVENT PLANNER and may not be transferred, assigned or otherwise conveyed without the consent of the City.

Neither party will use the other party’s name, logos, trademarks or service marks in any manner without the other party’s prior written approval.

This permit grants permission solely for the EVENT described above on the day(s) and time(s) indicated on the SITE.

Nothing in this permit shall be construed as creating a partnership, joint enterprise or other contractual arrangement between City and EVENT PLANNER. The EVENT is a privately sponsored event; it is not a City event and is not sponsored by the City.

APPROVED BY:

City:

Signature
Date
Event Planner:

Signature
Date

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State of the Art 2025 – 2027 1

AGREEMENT BETWEEN THE CITY OF HERMOSA BEACH AND

INDIVISIBLE ARTS TO PROVIDE STATE OF THE ART
THIS AGREEMENT is made this 14th day of January, 2025 by and between the City of Hermosa Beach (hereinafter called “CITY”), Indivisible Arts (hereinafter called “IA”).

RECITALS
A. IA desires to organize, coordinate, produce and oversee the State of the Art (“Event”) at 618 Cypress Avenue in the City and on Cityowned property for the term of this Agreement.

B. The CITY is willing to make its property available for the Event due to the benefit it provides to the community.

NOW, THEREFORE, the parties agree as follows:

Section 1. Term of Agreement. The term of this Agreement shall commence on January 14, 2025 and terminate on December 31, 2027 unless earlier terminated as provided herein.

Section 2. IA Duties:
a. Event. IA may organize, coordinate, produce and oversee the Event, which consists of art viewing sections, interactive art activities, live music, food vendors, and virtual and live auctions.

Event activities would take place within 618 Cypress Avenue, the adjacent parking lot, and a portion of Cypress Avenue. The event must remain open to the public. Entry fees are acceptable. Event days, including set-up and tear-down days, included as part of this Agreement shall be:
• May 17, 2025;
• May 16, 2026; and
• May 15, 2027.
b. Annual Event Confirmation. IA must annually inform the CITY of its intent to produce the Event, including confirmation of event dates and event times, no later than three months prior to the event dates by submission of a Special Events Application, available on the City’s Website. Should IA desire to reschedule an event date(s) from the dates outlined in this Agreement, it must do so in writing no later than three months prior to the requested event date(s). CITY will review the request against other activities and events booked

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within the City. While approval of a date change will not be unreasonably withheld, already scheduled activities or events will have priority. Use of additional location(s) may be approved as mutually agreed upon between the CITY and IA provided IA informs the CITY of this request at least three months prior to the Event. The CITY or IA may cancel an Event within 30 days written notice prior to each Event without penalty due to COVID-19 precautionary measures or other pandemic-related health orders that would deem the event unsafe or temporarily prohibited. CITY reserves the right in its sole discretion at any time or times to close and suspend the use of each Event Location subject to this Agreement for any duration in order to protect public health and safety. Any such closure will not constitute a breach or a default of this Agreement.

CITY shall have no liability whatever to IA for the effect of such suspension and closure on any Event, nor shall CITY have any responsibility to provide IA with substitute Event locations. IA’s rights under this Agreement are subject and subordinate to CITY’s police and emergency powers in addition to CITY’s rights to manage its municipal facilities including outdoor public spaces and its contractual rights as described in this Agreement.
c. Event Permits and Agreements. IA shall obtain permits from CITY for each Event and shall enter into and comply with all agreements for such permits as required by CITY, including but not limited to the provision of adequate insurance and indemnification of CITY, its officers, agents, volunteers, employees, and attorneys as outlined in the Special Event Permit. Exhibit A includes a sample Special Event Permit.
d. Insurance. IA shall provide comprehensive general liability insurance in the form of a certificate naming "the City of Hermosa Beach, its officers, agents, volunteers, and employees as additional insureds." IA shall maintain insurance coverage meeting the standards outlined in this Section at all times during the term of the Events permitted by this Agreement. All certificates are subject to approval of the City’s Risk Manager. Coverage shall be at least as broad as Insurance Services Form CG 00 01 covering commercial general liability on an "occurrence" basis, including property damage, bodily injury, death, and personal and advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this Agreement, or the general aggregate limit shall be twice the required occurrence limit. The City reserves the right to request greater or lesser amounts of insurance coverage. IA

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shall provide evidence that the commercial general liability insurance includes coverage for injuries to athletic participants and participant accident insurance. If IAmaintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. IA shall furnish properly executed certificates of insurance to City, which certificates shall clearly evidence all coverage required above and provide that such insurance shall not be materially changed, terminated or allowed to expire except on thirty (30) days prior written notice to City; and further, shall provide that if IA fails to pay any required deductible or self-insured retention, City may do so at IA expense.
e. Fee to CITY. IA shall pay CITY direct and indirect costs including but not be limited to the provision of CITY staff time dedicated to the Event, Amplified Sound Permit fees, parking fees, dally special event category fees, daily set-up/tear-down fees, and co-sponsor fees. f. Annual Review. Within 60 days prior to and after each Event, IA shall provide an annual overview to the Parks, Recreation and Community Resources Advisory Commission in the form of an agendized presentation. The pre-event presentation shall highlight:
a general event overview including anticipated number of attendees; an overview of the event footprint and individualized setup; and anticipated impacts to the community as a result of the event. The post-event presentation shall include: a general overview including the actual number of attendees; actual impact(s) to the community as a result of the event; and any event struggle(s) and success(es).
g. Environmental Sustainable Measures. IA shall adhere to the CITY’s environmental sustainability measures, incorporate sustainability requirements into vendor agreements, and advertise green measures and rules in event advertising and online. This includes but is not limited to prohibiting the use of single-use plastic straws, stirrers, and utensils beginning July 1, 2020 (per HBMC 8.64); limiting singleuse paper, packaging, and décor items; using appropriately sized plates, containers and cups; and limiting use of handouts, flyers and giveaways; (4) enacting a no-idling requirement for vehicles associated with the loading and unloading of event-related equipment; and (5) providing onsite personnel to ensure that litter and trash are minimized, and recycling is maximized.

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k. Parking Spaces. IA may request dedicated use of public parking spaces as needed for Event activities including parking of Eventrelated vehicles; storage of essential Event-related equipment and supplies; and other Event-related structures for each Event. Use of these spaces must be mutually agreed upon between the CITY and IA following submittal of a site plan by IA outlining the use of the parking space(s) at least 10 working days prior to each Event. While approval of parking request(s) will not be unreasonably withheld, already scheduled activities or events will have priority. The CITY will consider approval based on the location, seasonal needs for parking, and the overall impacts to the loss of parking spaces to the area. IA shall ensure the spaces are clean from debris, and other materials that were collected as a result of Event activities. l. Logistical Meetings. IA is required to participate in logistical and planning meetings with relevant CITY departments as requested by the City.
m. Sponsorships. IA may sell sponsorships for the Event. IA agrees that Event sponsors will not be from any person or entity promoting gambling, political, or religious viewpoints. Donating persons or entities must be consistent with the core values, mission, and vision of the City.

Section 3. CITY’s Duties.
a. Event Permits. CITY shall provide event permits to IA for each Event unless CITY determines in its sole discretion that it would not be in the public interest or that it would be averse to the public health, safety, or welfare. b. No Parking Signs. The CITY shall post no parking signs in locations approved by the CITY per Section 2.k. at least 72 hours prior to the start of event setup.

Section 4. Assignment. This agreement may not be assigned in whole or in part by either party, without the prior written consent of the other party.

Section 5. Independent Contractor. IA will act hereunder as an independent contractor. This Agreement shall not and is not intended to constitute IA as an agent, servant, or employee of CITY and shall not and is not intended to create the relationship of partnership, joint venture or association between CITY and IA .

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Section 6. Termination. CITY may terminate this Agreement upon 30 days written notice to IA. if CITY determines in its sole discretion that continuation of this Agreement would not be in the public interest, that it would be adverse to the public health, safety, or welfare, or that a substantial portion of CITY’s property is unavailable due to construction activity. Prior to termination on the ground that a substantial portion of CITY’s property is unavailable due to construction activity, CITY shall provide IA an opportunity to propose adjustments to the venue or an alternative location for the event. IA’s proposed adjustments or alternative shall be provided within 30 days of written notice from CITY and is subject to approval of the City Council, in its sole discretion, in a public meeting.

Upon termination of the Agreement, any events subsequent to the termination will no longer be the responsibility of IA.

Section 7. Notice. Any notice required to be given shall be deemed duly and properly given upon delivery, if sent postage prepaid or if personally delivered as follows:

For IA:

Rafael McMaster
618 Cypress Avenue
Hermosa Beach, CA 90254
For CITY:

City of Hermosa Beach
1315 Valley Drive
Hermosa Beach, California 90254
(310) 318-0216
Attention: Suja Lowenthal, City Manager
Section 8. Entire Agreement. This Agreement represents the entire integrated agreement between CITY and IA , and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by a written instrument signed by both parties. The parties anticipate that, in addition to this Agreement, they will enter into an event agreement for each Event setting forth precise terms and conditions applicable to that Event.

EXECUTED the day and year first above stated.

IA
By: ____________________________________
Rafael McMaster

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CITY OF HERMOSA BEACH
By:___________________________________
Dean Francois, Mayor

APPROVED AS TO FORM ATTEST
By:_________________________________ By:_________________________________ Patrick Donegan, City Attorney Myra Maravilla, City Clerk

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Exhibit A – SAMPLE Special Events Permit

CITY OF HERMOSA BEACH

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Event producer agrees to furnish the City of Hermosa Beach evidence of comprehensive general liability insurance in the form of a certificate naming "the City of Hermosa Beach, its officers, agents, volunteers, and employees as additional insureds." This exact verbiage is required. Event producer shall notify the City at least thirty (30) days prior to the termination, reduction, cancellation, suspension, modification, or expiration of the policy.

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☒ Permits and approvals: EVENT PLANNER shall obtain all necessary permits and approvals for the EVENT as set forth in the completed Special Event Application or otherwise required by the City (e.g., Amplified Sound Permit, Business License, street banner approval, etc.).
☒ Designated Event Contact. Provide City with the name and event day telephone number of its designated representative for the event, and/or the names of designated representatives who will be physically on the property for the entire duration of the EVENT if different from that stated on the Special Event Permit Application. ☐ Event Notifications. Notify all residents and businesses within a 500- foot radius of the SITE. The City shall provide the notice, which will include event details and the telephone number of the EVENT PLANNER. Said notice shall be provide to the surrounding residents and businesses by the EVENT PLANNNER at least one week prior to the event.

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☒ Provide City staff and designated City representatives with proper credentials and identification for access to the EVENT and SITE area, if needed.
☒ EVENT PLANNER shall perform a walk-through of the SITE at least one week prior to the EVENT, at which time the condition of the SITE shall be duly noted in writing to the City and shall specifically identify any existing damage or other abnormalities. The City shall repair anything identified as a potential hazard or liability prior to EVENT PLANNER taking possession of the SITE.
☒ Clean, restore, resurface and make operational the SITE to the satisfaction of the City.

NO TRASH MAY BE LEFT AT THE SITE. THE EVENT PLANNER IS RESPONSIBLE FOR

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the obligation, except in the event of an emergency. Any obligations not completed within the dates set forth above may be completed by City and EVENT PLANNER shall reimburse City on a time and materials basis.

The City of Hermosa Beach Name/Organization

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[1315 Valley Drive [Address
Hermosa Beach, CA 90254] [City, State, Zip code]
V. Indemnification
EVENT PLANNER shall hold harmless, defend and indemnify the City and County of Los Angeles, its officers, employees and volunteer from and against any and all liability, loss, damage expense, and costs (including without limitation costs and fees of litigation), of every nature arising out of or in connection with production and performance of the EVENT or its failure to comply with any of its obligations contained in this Permit except such loss or damage which was caused by the sole negligence or willful misconduct of the City.

VI. Authority
The person executing this Permit for EVENT PLANNER certifies that s/he has full authority to sign on behalf of EVENT PLANNER and to bind EVENT PLANNER to the foregoing conditions.

VIII. Miscellaneous Provisions

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This permit is personal to the EVENT PLANNER and may not be transferred, assigned or otherwise conveyed without the consent of the City.

Neither party will use the other party’s name, logos, trademarks or service marks in any manner without the other party’s prior written approval.

This permit grants permission solely for the EVENT described above on the day(s) and time(s) indicated on the SITE.

APPROVED BY:

City:

Signature
Date
Event Planner:

Signature
Date

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2025 SPECIAL EVENTS

CALENDAR
City of Hermosa Beach
Community Resources Department
710 Pier Avenue, Hermosa Beach, CA 90254
(310) 318-0280
[email protected]

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Sun Mon Tue Wed Thu Fri Sat
1 2 3 4
Sidewalk Sale
Hermosa Avenue,
Pier Avenue & Pier Plaza
Impact Level II
5 Sidewalk Sale
Hermosa Avenue,
Pier Avenue & Pier Plaza
Impact Level II
AAU Southern Pacific
Grand Prix Series
North Volleyball Courts
6 7 8 9 10 11
12 13 14 15 16 17 18
AAU Southern Pacific
Grand Prix Series
North Volleyball Courts
19 AAU Southern Pacific
Grand Prix Series
North Volleyball Courts
20 AAU Southern Pacific
Grand Prix Series
North Volleyball Courts
21 22 23 24 25
26 27 28 29 30 31
January 2025
Impact Level I
Impact Level II
Impact Level III
Long-term Agreement
City Hosted
City Contracted Event

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Sun Mon Tue Wed Thu Fri Sat
1 2
AAU Southern Pacific
Grand Prix Series
North Volleyball Courts
3 4 5 6 7
Winter Challenge
North Volleyball Courts
(Setup)
8 Winter Challenge
North Volleyball Courts
9 10 11 12 13 14 15
SoCal
Beach Foundation
North Volleyball Courts
16 17 18 19 20 21 22
AAU Southern Pacific
Grand Prix Series
North Volleyball Courts
23 AAU Southern Pacific
Grand Prix Series
North Volleyball Courts
24 25 26 27 28
February 2025
Impact Level I
Impact Level II
Impact Level III
Long-term Agreement
City Hosted
City Contracted Event

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Sun Mon Tue Wed Thu Fri Sat
1 HBLL Opening Day
Clark Field
Impact Level II
2 IBVL Tournament Series
North Volleyball Courts

PENDING - NEW
3 4 5 6 7 8
9 AAU Southern Pacific
Grand Prix Series
North Volleyball Courts
10 11 12 13 14 15
St. Patrick’s Day
Parade
Hermosa Avenue,
Pier Avenue, Schumacher
Plaza, & Pier Plaza
Impact Level III
16 SoCal
Beach Foundation
North Volleyball Courts
17 18 19 20 Beach Tennis
Tournaments
Beach Tennis Courts
(Setup)
21 Beach Tennis
Tournaments
Beach Tennis Courts
22 Beach Tennis
Tournaments
Beach Tennis Courts
23 CBVA
North Volleyball Courts
Beach Tennis
Tournaments
Beach Tennis Courts
24 25 26 27 28 29
SoCal
Beach Foundation
North Volleyball Courts
30 IBVL Tournament Series
North Volleyball Courts

PENDING - NEW
31 March 2025
Impact Level I
Impact Level II
Impact Level III
Long-term Agreement
City Hosted
City Contracted Event

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Sun Mon Tue Wed Thu Fri Sat
1 2 3 4 5
6 AAU Southern Pacific
Grand Prix Series
North Volleyball Courts
7 8 9 10
Beach Tennis
Tournaments
Beach Tennis Courts
(Setup)
11 Beach Tennis
Tournaments
Beach Tennis Courts
12 CBVA
North Volleyball Courts
Beach Tennis
Tournaments
Beach Tennis Courts
13 AAU Southern Pacific
Grand Prix Series
North Volleyball Courts
Beach Tennis
Tournaments
Beach Tennis Courts
14 15 16 17 18 19
Sidewalk Sale
Hermosa Avenue,
Pier Avenue & Pier Plaza
Impact Level II
IBVL Tournament Series
North Volleyball Courts

PENDING - NEW
20 Sidewalk Sale
Hermosa Avenue,
Pier Avenue & Pier Plaza
Impact Level II
Easter Sunrise Mass
South of Pier
21 22 23 24 25
Surfers Walk of Fame
Kick-off Party
Community Theatre
Impact Level II
26 Surfers Walk of Fame
Spyder Surf Fest
Pier Plaza
Impact Level III
27 Waterman’s South Bay
Surf Series
South of the Pier
AAU Southern Pacific
Grand Prix Series
North Volleyball Courts
28 29 30
April 2025
Impact Level I
Impact Level II
Impact Level III
Long-term Agreement
City Hosted
City Contracted Event

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Sun Mon Tue Wed Thu Fri Sat
1 2 3
Classic Car Show
Schumacher Plaza &
Pier Plaza
Impact Level II
Pets in the Park
Valley Park
Impact Level II
HBLL Night at the Ballpark
Clark Field
Impact Level II
4 SoCal
Beach Foundation
North Volleyball Courts
HBLL Night at the Ballpark
Clark Field
Impact Level II
5 6 7 8 9
The Hermosa Classic
South of Pier (Setup)
‘Pending’
10 The Hermosa Classic
South of Pier
‘Pending”
CBVA
North Volleyball Courts
11 AAU Southern Pacific
Grand Prix Series
North Volleyball Courts
12 13 14 15 16 17
Epic Days
South of Pier
Impact Level II
State of the Art
Cypress Avenue & 6th St.

Impact Level III
PENDNG
18 Epic Days
South of Pier
Impact Level II
19 20 21 22
Maya and the Wave
Community Center Courtyard
23 Fiesta Hermosa
Hermosa Avenue, Lot A Pier
Avenue, Schumacher Plaza &
Pier Plaza
(Setup)
Impact Level III
CBVA
North Volleyball Courts
(Setup)
24 Fiesta Hermosa
Hermosa Avenue, Lot A Pier
Avenue, Schumacher Plaza &
Pier Plaza
Impact Level III
CBVA
North Volleyball Courts
25 Fiesta Hermosa
Hermosa Avenue, Lot A Pier
Avenue, Schumacher Plaza &
Pier Plaza
Impact Level III
CBVA
North Volleyball Courts
26 Fiesta Hermosa
Hermosa Avenue, Lot A Pier
Avenue, Schumacher Plaza &
Pier Plaza
Impact Level III
CBVA
North Volleyball Courts
27 Fiesta Hermosa
Hermosa Avenue, Lot A Pier
Avenue, Schumacher Plaza &
Pier Plaza
(Teardown)
Impact Level III
28 29
Beach Tennis
Tournaments
Beach Tennis Courts
(Setup)
30 Beach Tennis
Tournaments
Beach Tennis Courts
31 Your Are Enough 5k
Schumacher Plaza & Strand
North of Pier
Beach Tennis
Tournaments
Beach Tennis Courts
May 2025
Impact Level I
Impact Level II
Impact Level III
Long-term Agreement
City Hosted
City Contracted Event

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Sun Mon Tue Wed Thu Fri Sat
1 HBLL Closing Day
Clark Field
Impact Level II
Beach Tennis
Tournaments
Beach Tennis Courts
2 3 4 5 6
Fine Arts Festival
Community Center Lawn
(Setup)
Impact Level III
7 Fine Arts Festival
Community Center Lawn
Impact Level III
South Bay Paddle
South of Pier
8 Fine Arts Festival
Community Center Lawn
Impact Level III
AAU Southern Pacific
Grand Prix Series
North Volleyball Courts
9 10 11 12 13 14 NOTHING WEEKEND
15 NOTHING WEEKEND 16
World Championship Trials
North Volleyball Courts
17 World Championship Trials
North Volleyball Courts
18 World Championship Trials
North Volleyball Courts
19 World Championship Trials
North Volleyball Courts
20 21
AAU Southern Pacific
Grand Prix Series
North Volleyball Courts
22 AAU Southern Pacific
Grand Prix Series
North Volleyball Courts
23 24 25 26 27 28
Smackfest Co-ed 4’s Volleyball Tournament
North Volleyball Courts
29 30
AAU Beach Volleyball
Championships
North & South
Volleyball Courts &
Beach Tennis Courts
(Setup)
Impact Level III
June 2025
Impact Level I
Impact Level II
Impact Level III
Long-term Agreement
City Hosted
City Contracted Event

Page 820 of 1536 ends

July 2025
Impact Level I
Impact Level II
Impact Level III
Long-term Agreement
City Hosted
City Contracted Event
Sun Mon Tue Wed Thu Fri Sat
1 2 3 4 5
6 JVA/BVCA
National Championships
North & South
Volleyball Courts &
Beach Tennis Courts
(Setup)
Impact Level III
7 JVA/BVCA
National Championships
North & South
Volleyball Courts &
Beach Tennis Courts
Impact Level III
8 JVA/BVCA
National Championships
North & South
Volleyball Courts &
Beach Tennis Courts
Impact Level III
9 JVA/BVCA
National Championships
North & South
Volleyball Courts &
Beach Tennis Courts
Impact Level III
Shakespeare by the Sea
Valley Park
Impact Level I
10 JVA/BVCA
National Championships
North & South
Volleyball Courts &
Beach Tennis Courts
Impact Level III
Shakespeare by the Sea
Valley Park
Impact Level I
11 JVA/BVCA
National Championships
North & South
Volleyball Courts &
Beach Tennis Courts
Impact Level III
12 AAU
Hermosa Beach
Championships
North & South
Volleyball Courts &
Beach Tennis Courts
Impact Level III
13 AAU
Hermosa Beach
Championships
North & South
Volleyball Courts &
Beach Tennis Courts
Impact Level III

14 AAU
Hermosa Beach
Championships
North & South
Volleyball Courts &
Beach Tennis Courts
Impact Level III
15 AAU
Hermosa Beach
Championships
North & South
Volleyball Courts &
Beach Tennis Courts
Impact Level III
16 AAU
Hermosa Beach
Championships
North & South
Volleyball Courts &
Beach Tennis Courts
Impact Level III
17 AAU
Hermosa Beach
Championships
North & South
Volleyball Courts &
Beach Tennis Courts
Impact Level III
18 AAU
Hermosa Beach
Championships
North & South
Volleyball Courts &
Beach Tennis Courts
Impact Level III
19 AAU
Hermosa Beach
Championships
North & South
Volleyball Courts &
Beach Tennis Courts
Impact Level III
AVP Junior National
Championships
North & South
Volleyball Courts &
Beach Tennis Courts
(Setup/Event/Teardown TBD)
Impact Level III
20 AVP Junior National
Championships
North & South
Volleyball Courts &
Beach Tennis Courts
(Setup/Event/Teardown TBD)
Impact Level III

PENDING
21 AVP Junior National
Championships
North & South
Volleyball Courts &
Beach Tennis Courts
(Setup/Event/Teardown TBD)
Impact Level III

PENDING
22 AVP Junior National
Championships
North & South
Volleyball Courts &
Beach Tennis Courts
(Setup/Event/Teardown TBD)
Impact Level III

PENDING
23 AVP Junior National
Championships
North & South
Volleyball Courts &
Beach Tennis Courts
Impact Level III
(Setup/Event/Teardown TBD)

PENDING
24 AVP Junior National
Championships
North & South
Volleyball Courts &
Beach Tennis Courts
Impact Level III
(Setup/Event/Teardown TBD)

PENDING
25 AVP Junior National
Championships
North & South
Volleyball Courts &
Beach Tennis Courts
Impact Level III
(Setup/Event/Teardown TBD)

PENDING
26 AVP Junior National
Championships
North & South
Volleyball Courts &
Beach Tennis Courts
Impact Level III
(Setup/Event/Teardown TBD)

PENDING
27 28 29 30
International
Surf Festival
North & South of Pier
(Setup)
Impact Level III
31 International
Surf Festival
North & South of Pier
(Setup)
Impact Level III

Page 821 of 1536 ends

Sun Mon Tue Wed Thu Fri Sat
1 International
Surf Festival
North & South of Pier
Impact Level III
2 International
Surf Festival
North & South of Pier Impact
Level III
Sidewalk Sale
Hermosa Avenue,
Pier Avenue & Pier Plaza
Impact Level II
3 International
Surf Festival
North & South of Pier&
North Volleyball Courts (CBVA)
Impact Level III
Sidewalk Sale
Hermosa Avenue,
Pier Avenue & Pier Plaza
Impact Level II
4 International
Surf Festival
North & South of Pier
(Teardown)
Impact Level III
5 6 7 8
Triathlon
Downtown
(Setup)
Impact Level III
9 Triathlon
Downtown
(Setup)
Impact Level III
CBVA
North Volleyball Courts
10 Triathlon
Downtown
Impact Level III
CBVA
North Volleyball Courts
11 12 13 14
Beach Tennis
Tournaments
Beach Tennis Courts
(Setup)
15 Beach Tennis
Tournaments
Beach Tennis Courts
16 Epic Days
South of Pier
Impact Level II
Beach Tennis
Tournaments
Beach Tennis Courts
17 Epic Days
South of Pier
Impact Level II
Beach Tennis
Tournaments
Beach Tennis Courts
18 19 20 21 22 23 NOTHING WEEKEND
24 NOTHING WEEKEND 25 26 27 28 29
CBVA
North Volleyball Courts &
Schumacher Plaza
(Setup)
30 CBVA
North Volleyball Courts &
Schumacher Plaza
31 CBVA
North Volleyball Courts &
Schumacher Plaza
August 2025
Impact Level I
Impact Level II
Impact Level III
Long-term Agreement
City Hosted
City Contracted Event

Page 822 of 1536 ends

Sun Mon Tue Wed Thu Fri Sat
1 2
Hermosa Beach Open
North Volleyball Courts
(Set-up)
Impact Level II

PENDING
3 Hermosa Beach Open
North Volleyball Courts
Impact Level II

PENDING
4 Hermosa Beach
Concert Series
South of Pier
(Setup)
Impact Level III
Hermosa Beach Open
North Volleyball Courts
Impact Level II

PENDING
5 Hermosa Beach
Concert Series
South of Pier
(Setup)
Impact Level III
Hermosa Beach Open
North Volleyball Courts
Impact Level II

PENDING
6 Movies at the Beach
South of Pier
Impact Level III

PENDING
Hermosa Beach Open
North Volleyball Courts
Impact Level II

PENDING
7 Hermosa Beach
Concert Series
South of Pier
Impact Level III
8 Hermosa Beach
Concert Series
South of Pier
Impact Level III
9 Hermosa Beach
Concert Series
South of Pier
Impact Level III
10 Hermosa Beach
Concert Series
South of Pier
Impact Level III
11 Hermosa Beach
Concert Series
South of Pier
Impact Level III
12 Hermosa Beach
Concert Series
South of Pier
Impact Level III
13 Movies at the Beach
South of Pier
Impact Level III

PENDING
14 Hermosa Beach
Concert Series
South of Pier
Impact Level III
15 Hermosa Beach
Concert Series
South of Pier
(Teardown)
Impact Level III
16 17 18 19 20
Coastal Cleanup Day
Schumacher Plaza,
North & South of Pier
Impact Level I
Glow Ride for Cystic Fibrosis
Schumacher Plaza and the Strand
21 22 23 24 25 26 27
Locale 90254
Hermosa Avenue, Pier Avenue, Lot
A, Schumacher Plaza, & Pier Plaza
Impact Level III
SoCal
Beach Foundation
North Volleyball Courts
28 Locale 90254
Hermosa Avenue, Pier Avenue, Lot
A, Schumacher Plaza, & Pier Plaza
Impact Level III
AAU Southern Pacific
Grand Prix Series
North Volleyball Courts
29 30
September 2025
Impact Level I
Impact Level II
Impact Level III
Long-term Agreement
City Hosted
City Contracted Event

Page 823 of 1536 ends

Sun Mon Tue Wed Thu Fri Sat
1 IBVL Tournament Series
North Volleyball Courts

PENDING - NEW
2 Beach Tennis
Tournaments
Beach Tennis Courts
(Setup)
3 Beach Tennis
Tournaments
Beach Tennis Courts
4 Beach Tennis
Tournaments
Beach Tennis Courts
5 AAU Southern Pacific
Grand Prix Series
North Volleyball Courts
Beach Tennis
Tournaments
Beach Tennis Courts
6 7 8 9 10 11
Pumpkins in the Park
Edith Rodaway Park
Impact Level II
Walk to End Alzheimer's
Pier Plaza and Strand
North of Pier
12 Hope Chapel Picnic
Valley Park

PENDING
IBVL Tournament Series
North Volleyball Courts

PENDING - NEW
13 14 15 16 17 18
VOLLEY4SOUND
North Volleyball Courts
19 Skechers Pier to Pier
Friendship Walk
Strand (North of Pier) &
Pier Plaza
Impact Level III
20 21 22 23 24
Beach Tennis
Tournaments
Beach Tennis Courts
(Setup)
25 Beach Tennis
Tournaments
Beach Tennis Courts
26 AAU Southern Pacific
Grand Prix Series
North Volleyball Courts

PENDING
Beach Tennis
Tournaments
Beach Tennis Courts
27 28 29 30 31
October 2025
Impact Level I
Impact Level II
Impact Level III
Long-term Agreement
City Hosted
City Contracted Event

Page 824 of 1536 ends

Sun Mon Tue Wed Thu Fri Sat
1 2
IBVL Tournament Series
North Volleyball Courts

PENDING - NEW
3 4 5 6 7 8
Sandy Sauté
North of Pier
9 10 11
Veterans Day
Wreath Laying
Ceremony
Community Center
East Lawn
Impact Level II
12 13 14 15
IBVL Tournament Series
North Volleyball Courts

PENDING - NEW
16 AAU Southern Pacific
Grand Prix Series
North Volleyball Courts
17 18 19 20
Hermosa for the Holidays
Lot A, Schumacher Plaza
& Pier Plaza
(Setup)
Impact Level III
21 Hermosa for the Holidays
Lot A, Schumacher Plaza
& Pier Plaza
Impact Level III
22 Hermosa for the Holidays
Lot A, Schumacher Plaza
& Pier Plaza
Impact Level III
23 Hermosa for the Holidays
Lot A, Schumacher Plaza
& Pier Plaza
Impact Level III
24 Hermosa for the Holidays
Lot A, Schumacher Plaza
& Pier Plaza
(Teardown)
Impact Level III
25 26 27 28 29
30 AAU Southern Pacific
Grand Prix Series
North Volleyball Courts
November 2025
Impact Level I
Impact Level II
Impact Level III
Long-term Agreement
City Hosted
City Contracted Event

Page 825 of 1536 ends

Sun Mon Tue Wed Thu Fri Sat
1 2 3 4 5 6
Sand Snowman
Contest
North of Pier
Impact Level I
7 8 9 10 11 12 13
California Great
Santa Stroll
Strand North of Pier & Pier
Plaza
Impact Level III
IBVL Tournament Series
North Volleyball Courts

PENDING - NEW
14 Community
Chanukah Celebration*
Pier Plaza &
Greenwood Park
Impact Level II
AAU Southern Pacific
Grand Prix Series
North Volleyball Courts
15 16 17 18 19 20
21 IBVL Tournament Series
North Volleyball Courts

PENDING - NEW
22 23 24 25 26
IBVL Tournament Series
North Volleyball Courts

PENDING - NEW
27 28
AAU Southern Pacific
Grand Prix Series
North Volleyball Courts
29 30
IBVL Tournament Series
North Volleyball Courts

PENDING - NEW
31 December 2025
*Menorah installation at Greenwood Park is Wednesday, December 10, and the Menorah is removed Tuesday, December 23 , 2025.

Impact Level I
Impact Level II
Impact Level III
Long-term Agreement
City Hosted
City Contracted Event

Page 826 of 1536 ends

Off-Season Monthly Events
(Labor Day – Memorial Day) # of Special Event Days # of Days Available(out of 15) January 7 8
February 9 6
March 11 4
April 10 5
May (through May 26) 13 2
September (from September 2) 17 -2
October 12 3
November 11 4
December 5 10
Peak Season (Memorial Day through Labor Day) # of Special Event Days on the Beach/Strand/Pier Plaza Level I & II Event Days
(not on Level III Event Days)
& City Sponsored/Contracted
(not on Level III, II or I Event Days)
(Maximum of 25)
Level III Event Days
(Maximum of 45)
Total # of Event Days
(out of 70 total)
14 39 56
Peak Season Event Limits:

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

Page 827 of 1536 ends

TENTATIVE
2026 SPECIAL EVENTS

CALENDAR
City of Hermosa Beach
Community Resources Department
710 Pier Avenue, Hermosa Beach, CA 90254
(310) 318-0280
[email protected]

Page 828 of 1536 ends

Sun Mon Tue Wed Thu Fri Sat
1 2 3
4 5 6 7 8 9 10
11 12 13 14 15 16 17
18 19 20 21 22 23 24
25 26 27 28 29 30 31
January 2026
Impact Level I
Impact Level II
Impact Level III
Long-term Agreement
City Hosted
City Contracted Event

Page 829 of 1536 ends

Sun Mon Tue Wed Thu Fri Sat
1 2 3 4 5 6 7
8 9 10 11 12 13 14
15 16 17 18 19 20 21
22 23 24 25 26 27 28
February 2026
Impact Level I
Impact Level II
Impact Level III
Long-term Agreement
City Hosted
City Contracted Event

Page 830 of 1536 ends

Sun Mon Tue Wed Thu Fri Sat
1 2 3 4 5 6 7
8 9 10 11 12 13 14
15 16 17 18 19 20 21
22 23 24 25 26 27
Hearts of Hermosa
Community Center
(Load-in)
Impact Level III
28 Hearts of Hermosa
Community Center
Impact Level III
29 Hearts of Hermosa
Community Center
(Load-out)
Impact Level III
30 31
March 2026
Impact Level I
Impact Level II
Impact Level III
Long-term Agreement
City Hosted
City Contracted Event

Page 831 of 1536 ends

Sun Mon Tue Wed Thu Fri Sat
1 2 3 4
5 6 7 8 9 10 11
12 13 14 15 16 17 18
19 20 21 22 23 24
Surfers Walk of Fame
Kick-off Party
Community Theatre
impact Level II
25 Surfers Walk of Fame
Spyder Surf Fest
Pier Plaza
Impact Level III
26 27 28 29 30
April 2026 Impact Level I
Impact Level II
Impact Level III
Long-term Agreement
City Hosted or City Contracted Event

Page 832 of 1536 ends

Sun Mon Tue Wed Thu Fri Sat
1 2
Classic Car Show
Schumacher Plaza &
Pier Plaza
Impact Level II
Pets in the Park
Valley Park
Impact Level II
3 4 5 6 7 8 9
10 11 12 13 14 15 16 Epic Days
South of Pier
Impact Level II
State of the Art
Cypress Avenue & 6th St.

Impact Level III
PENDNG
17 Epic Days
South of Pier
Impact Level I
18 19 20 21 22 23
24 25 26 27 28 29 30
31 May 2026 Impact Level I
Impact Level II
Impact Level III
Long-term Agreement
City Hosted
City Contracted Event

Page 833 of 1536 ends

June 2026
Impact Level I
Impact Level II
Impact Level III
Long-term Agreement
City Hosted
City Contracted Event
Sun Mon Tue Wed Thu Fri Sat
1 2 3 4 5 6
7 8 9 10 11 12
Fine Arts Festival
Community Center Lawn
(Load-in)
Impact Level III
13 Fine Arts Festival
Community Center Lawn
Impact Level III
14 Fine Arts Festival
Community Center Lawn
Impact Level III
15 16 17 18 19 20
21 22 23 24 25 26 27
28 29 30

Page 834 of 1536 ends

July 2026
Impact Level I
Impact Level II
Impact Level III
Long-term Agreement
City Hosted
City Contracted Event
Sun Mon Tue Wed Thu Fri Sat
1 2 3 4
5 6 7 8 9 10 11
12 13 14 15

16 17 18
19 20 21 22 23 24 25
26 27 28 29 30 31

Page 835 of 1536 ends

Sun Mon Tue Wed Thu Fri Sat
1 International
Surf Festival
North & South of Pier &
North Volleyball Courts
(CBVA)
Impact Level III
2 International
Surf Festival
North & South of Pier
Impact Level III
3 International
Surf Festival
North & South of Pier
(Load-out)
Impact Level III
4 5 6 7
Triathlon
Downtown
(Load-in)
Impact Level III
8 Triathlon
Downtown
(Load-in)
Impact Level III
9 Triathlon
Downtown
Impact Level III
10 11 12 13 14 15
Epic Days
South of Pier
Impact Level II
16 Epic Days
South of Pier
Impact Level II
17 18 19 20 21 22
23 24 25 26 27 28 29
30 31
August 2026
Impact Level I
Impact Level II
Impact Level III
Long-term Agreement
City Hosted
City Contracted Event

Page 836 of 1536 ends

Sun Mon Tue Wed Thu Fri Sat
1 2 3 4 5
6 7 8
Hermosa Beach Open
North Volleyball Courts
(Set-up)
Impact Level II

PENDING
9 Hermosa Beach Open
North Volleyball Courts
Impact Level II

PENDING
10 Hermosa Beach Open
North Volleyball Courts
Impact Level II

PENDING
11 Hermosa Beach
Concert Series
South of Pier
(Load-in)
Impact Level III
Hermosa Beach Open
North Volleyball Courts
Impact Level II

PENDING
12 Movies at the Beach
South of Pier
Impact Level III

PENDING
Hermosa Beach Open
North Volleyball Courts
Impact Level II

PENDING
13 Hermosa Beach
Concert Series
South of Pier
Impact Level III
14 Hermosa Beach
Concert Series
South of Pier
Impact Level III
15 Hermosa Beach
Concert Series
South of Pier
Impact Level III
16 Hermosa Beach
Concert Series
South of Pier
Impact Level III
17 Hermosa Beach
Concert Series
South of Pier
Impact Level III
18 Hermosa Beach
Concert Series
South of Pier
Impact Level III
19 Movies at the Beach
South of Pier
Impact Level III

PENDING
20 Hermosa Beach
Concert Series
South of Pier
Impact Level III
21 Hermosa Beach
Concert Series
South of Pier
(Load-out)
Impact Level III
22 23 24 25 26
Coastal Cleanup Day
Schumacher Plaza,
North & South of Pier
Impact Level I
27 28 29 30
September 2026
Impact Level I
Impact Level II
Impact Level III
Long-term Agreement
City Hosted
City Contracted Event

Page 837 of 1536 ends

Sun Mon Tue Wed Thu Fri Sat
1 2 3
4 5 6 7 8 9 10
Pumpkins in the Park
Edith Rodaway Park
Impact Level II
11 12 13 14 15 16 17
18 Skechers Pier to Pier
Friendship Walk
Strand (North of Pier) &
Pier Plaza
Impact Level III
19 20 21 22 23 24
25 26 27 28 29 30 31
October 2026
Impact Level I
Impact Level II
Impact Level III
Long-term Agreement
City Hosted
City Contracted Event

Page 838 of 1536 ends

Sun Mon Tue Wed Thu Fri Sat
1 2 3 4 5 6 7
8 9 10 11
Veterans Day
Wreath Laying
Ceremony
Community Center
East Lawn
Impact Level II
12 13 14
15 16 17 18 19 20 21
22 23 24 25 26 27 28
29 30
November 2026
Impact Level I
Impact Level II
Impact Level III
Long-term Agreement
City Hosted
City Contracted Event

Page 839 of 1536 ends

Sun Mon Tue Wed Thu Fri Sat
1 2 3 4 5
Sand Snowman
Contest
North of Pier
Impact Level I
6 Community
Chanukah Celebration*
Pier Plaza &
Greenwood Park
Impact Level II
7 8 9 10 11 12
California Great
Santa Stroll
Strand North of Pier &
Pier Plaza
Impact Level III
13 14 15 16 17 18 19
20 21 22 23 24 25 26
27 28 29 30 31
December 2026
*Menorah installation at Greenwood Park is Wednesday, December 2, 2026 and the Menorah is removed Monday, December 14, 2026 Impact Level I
Impact Level II
Impact Level III
Long-term Agreement
City Hosted
City Contracted Event

Page 840 of 1536 ends

TENTATIVE
2027 SPECIAL EVENTS

CALENDAR
City of Hermosa Beach
Community Resources Department
710 Pier Avenue, Hermosa Beach, CA 90254
(310) 318-0280
[email protected]

Page 841 of 1536 ends

Sun Mon Tue Wed Thu Fri Sat
1 2
3 4 5 6 7 8 9
10 11 12 13 14 15 16
17 18 19 20 21 22 23
24 25 26 27 28 29 30
31 January 2027

Page 842 of 1536 ends

Sun Mon Tue Wed Thu Fri Sat
1 2 3 4 5 6
7 8 9 10 11 12 13
14 15 16 17 18 19 20
21 22 23 24 25 26 27
28 February 2027

Page 843 of 1536 ends

Sun Mon Tue Wed Thu Fri Sat
1 2 3 4 5 6
7 8 9 10 11 12 13
14 15 16 17 18 19 20
21 22 23 24 25 26 27
28 29 30 31
March 2027

Page 844 of 1536 ends

Sun Mon Tue Wed Thu Fri Sat
1 2 3
4 5 6 7 8 9 10
11 12 13 14 15 16 17
18 19 20 21 22 23
Surfers Walk of Fame
Kick-off Party
Community Theatre
impact Level II
24 Surfers Walk of Fame
Impact Level III
25 26 27 28 29 30
April 2027

Page 845 of 1536 ends

Sun Mon Tue Wed Thu Fri Sat
1 2 3 4 5 6 7 8
9 10 11 12 13 14 15
State of the Art
Cypress Avenue & 6th St.

Impact Level III
PENDNG
16 17 18 19 20 21 22
23 24 25 26 27 28 29
30 31
May 2027

Page 846 of 1536 ends

Sun Mon Tue Wed Thu Fri Sat
1 2 3 4 5
6 7 8 9 10 11 12
13 14 15 16 17 18 19
20 21 22 23 24 25 26
27 28 29 30
June 2027

Page 847 of 1536 ends

Sun Mon Tue Wed Thu Fri Sat
1 2 3
4 5 6 7 8 9 10
11 12 13 14 15 16 17
18 19 20 21 22 23 24
25 26 27 28 29 30 31
July 2027

Page 848 of 1536 ends

Sun Mon Tue Wed Thu Fri Sat
1 2 3 4 5 6 7
8 9 10 11 12 13 14
15 16 17 18 19 20 21
22 23 24 25 26 27 28
29 30 31
August 2027

Page 849 of 1536 ends

Sun Mon Tue Wed Thu Fri Sat
1 2 3 4
5 6 7
Hermosa Beach Open
North Volleyball Courts
(Set-up)
Impact Level II

PENDING
8 Hermosa Beach Open
North Volleyball Courts
Impact Level II

PENDING
9 Hermosa Beach Open
North Volleyball Courts
Impact Level II

PENDING
10 Hermosa Beach
Concert Series
South of Pier
(Setup)
Impact Level III
Hermosa Beach Open
North Volleyball Courts
Impact Level II

PENDING
11 Hermosa Beach
Concert Series
South of Pier
(Event Infrastructure)
Impact Level III
Hermosa Beach Open
North Volleyball Courts
Impact Level II

PENDING
12 Hermosa Beach
Concert Series
South of Pier
Impact Level III
13 Hermosa Beach
Concert Series
South of Pier
Impact Level III
14 Hermosa Beach
Concert Series
South of Pier
Impact Level III
15 Hermosa Beach
Concert Series
South of Pier
Impact Level III
16 Hermosa Beach
Concert Series
South of Pier
Impact Level III
17 Hermosa Beach
Concert Series
South of Pier
Impact Level III
18 Hermosa Beach
Concert Series
South of Pier
Impact Level III
19 Hermosa Beach
Concert Series
South of Pier
Impact Level III
20 Hermosa Beach
Concert Series
South of Pier
(Teardown)
Impact Level III
21 22 23 24 25
26 27 28 29 30
September 2027

Page 850 of 1536 ends

Sun Mon Tue Wed Thu Fri Sat
1 2
3 4 5 6 7 8 9
10 11 12 13 14 15 16
17 18 19 20 21 22 23
24 25 26 27 28 29 30
31 October 2027

Page 851 of 1536 ends

Page 852 of 1536 ends

Sun Mon Tue Wed Thu Fri Sat
1 2 3 4
Sand Snowman
Contest
North of Pier
Impact Level I
5 6 7 8 9 10 11
12 13 14 15 16 17 18
19 20 21 22 23 24 25
26 27 28 29 30 31
December 2027

Page 853 of 1536 ends

City of Hermosa Beach | Page 1 of 5
Meeting Date: January 14, 2025
Staff Report No. 25-CR-010
Honorable Mayor and Members of the Hermosa Beach City Council

APPROVAL OF THE FIRST AMENDMENT TO AGREEMENT WITH VOX

PRODUCTIONS FOR PROVIDING SOUND AND STAGE PRODUCTION SERVICES

FOR THE HERMOSA BEACH CONCERT SERIES
CEQA: Determine that the approval is not a project under the California Environmental Quality Act (CEQA) or in the alternative, that the approval is exempt under CEQA. (Community Resources Director Lisa Nichols)
Recommended Action:

Staff recommends City Council:

1. Approve the proposed first amendment to an agreement with Vox Productions for sound and stage production services for the Hermosa Beach Concert Series to extend the expiration term to December 31, 2025, increase the annual not-toexceed amount to $77,840, and authorize the City Manager to extend the agreement an additional year (Attachment 2); and

2. Authorize the City Manager to execute and the City Clerk to attest the proposed first amendment subject to approval by the City Attorney.

Executive Summary:

At its January 23, 2024 meeting, City Council approved a one-year agreement with Vox Productions (Vox) for sound and stage production services for the Hermosa Beach Concert Series for a one-year term through December 31, 2024, with an option to allow the City Manager to extend for two additional one-year terms at a not-to-exceed amount of $62,203 per year (Attachment 1). Based on the quality of services provided during the initial contract term, staff recommends approval of the proposed first amendment to extend the expiration term to December 31, 2025, and increase the annual not-to-exceed amount to $77,840.

Background:

The City launched a free live concert series on the beach in 1998. Originally known as the Sunset Concert Series, this event provided entertainment suitable for a broad audience and attracted up to 5,000 attendees each event day. The Community Resources Department served as the event coordinator through 2009. From 2010 through 2019, the City entered into agreements with professional music event production companies to

Page 854 of 1536 ends

City of Hermosa Beach | Page 2 of 5
produce the event. The event did not take place during the COVID-19 pandemic, and efforts to attract another company to produce the events via a Request for Proposals (RFP) in August 2021 were unsuccessful.

To reinvigorate the City’s 25-year tradition of providing free concerts on the beach, with the City serving as host and the Community Resources Department serving as the event coordinator, RFP 23-006 was issued seeking proposals from highly qualified production companies to provide sound and stage production services. Following a competitive selection process, Vox Productions was identified as the most qualified bidder.

At its January 23, 2024 meeting, City Council approved a one-year agreement with Vox Productions for sound and stage production services for the Hermosa Beach Concert Series for a one-year term through December 31, 2024, with an option to allow the City Manager to extend for two additional one-year terms at a not-to-exceed amount of $62,203 per year (Attachment 1).

The Hermosa Beach Concert Series successfully returned with two concerts on the beach south of the Pier on September 8, 2024 and September 15, 2024, which were the two Sundays following Labor Day weekend.

Past Council Actions
Meeting Date Description
January 23, 2024 Council approved a one-year agreement with Vox Productions for sound and stage production services for the Hermosa Beach Concert Series at a not-to-exceed amount
of $62,203 per year with an option to allow the City Manager to extend for two additional one-year terms.

Discussion:

Following the first year of the return of the Hermosa Beach Concert Series in 2024, Vox and City staff determined additional services are necessary to offer the Hermosa Beach Concert Series and maintain a high production quality. These goods and services include, but are not limited to, the following:
 Stage banner and backstage pass production;
 Creation of a 10 foot by 10 foot custom tent for event (one-time cost);  Increased subfloor size to accommodate a larger hospitality area backstage and corresponding labor;
 Band backline package to enhance and reduce the time needed for the turnover process between talent;
 Additional crowd control barriers;
 Additional backup generator;

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City of Hermosa Beach | Page 3 of 5
 American with Disabilities Act compliant ramp to the stage;  Overnight security for Vox equipment from load-in to event day;  Increased stagehands;
 Additional load-in day; and
 Enhanced stage truss.

The additional services would result in a cost increase of $15,637, resulting in a revised annual not-to-exceed amount of $77,840 per year beginning in 2025.

Having received exceptional sound and stage production services from Vox in 2024, staff recommends Council approve the proposed first amendment to extend the expiration term to December 31, 2025, increase the annual not-to-exceed amount to $77,840, and authorize the City Manager to extend the agreement an additional year. For continuity, the proposed first amendment is drafted with an effective date of January 1, 2025. Vox has not provided any services from January 1, 2025 to the date of this meeting.

Environmental Review:

This approval is not a “project” subject CEQA” because it has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, § 15378(a).) In the alternative, the discussion falls within the “common sense” exemption set forth in State CEQA Guidelines section 15061(b)(3), which exempts activity from CEQA where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” General Plan Consistency:

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

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

Policy:
 Responsive to community needs. Continue to be responsive to community inquiries, providing public information and recording feedback from community interactions.

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

Policy:
 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.

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

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City of Hermosa Beach | Page 4 of 5
Policies:
 3.1 Community-friendly events. Encourage, permit, and support community group, nonprofit, or business organized events on City property that support physical activity, beach culture, and family-friendly social interactions.
 3.2 Social and cultural events. Design and program parks and open space to accommodate unique social and cultural events to foster connectedness and interaction.

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

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

Goal 8. Special events at the beach are balanced to support community recreation and economic development without restricting coastal access or impacting the community.

Policies:
 8.3 Community-focused events. Prioritize the approval of special events that enhance the sense of community, improve economic vitality, and foster a healthy environment and active lifestyles.
 8.4 Family-focused events. Prioritize events that appeal to a wide segment of community members.

Fiscal Impact:

If approved by Council, the agreement would increase by $15,637 for a total not-toexceed amount of $77,840 through the end of the term.

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City of Hermosa Beach | Page 5 of 5
Agreement Modification Request
Agreement
Current
Authorized
Amount
Modified
Request
Amount
FY 2024-25
Budget
Dept.

Account #
Total
Revised
Contract
Amount
Vox Productions for
Sound and Stage
Production Services
for the Hermosa Beach
Concert Series
$62,203 $77,840 001-4604-
4201
$15,637
Since the Hermosa Beach Concert Series event dates are planned for September 2025, the contract would be budgeted as part of the Fiscal Year 2025–26 budget.

Attachments:

1. Professional Services Agreement with Vox

2. Proposed First Amendment to the Professional Services Agreement with Vox Respectfully Submitted by: Lisa Nichols, Community Resources Director Noted for Fiscal Impact: Brandon Walker, Administrative Services Director Legal Review: Patrick Donegan, City Attorney
Reviewed by: Angela Crespi, Deputy City Manager
Approved: Suja Lowenthal, City Manager

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CONTRACT FOR PROFESSIONAL SERVICES TO PROVIDE SOUND AND STAGE PRODUCTION

SERVICES FOR THE HERMOSA BEACH CONCERT SERIES BETWEEN THE CITY OF HERMOSA

BEACH AND VOX PRODUCTIONS
This AGREEMENT is entered into this 23rd day of January 2024, by and between the City of Hermosa Beach, a general law city and municipal corporation (“CITY”) and VOX Productions (“COMPANY”).

R E C I T A L S
A. The City desires to enter into an agreement with COMPANY for sound and stage production services for the Hermosa Beach Concert Series (EVENT).

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

C. The COMPANY warrants to the City that it has the equipment, qualifications, and experience to perform properly and timely the services under this Agreement.

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

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

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

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

As additional consideration, CITY agrees to pay COMPANY a not-to-exceed amount of $62,203 for COMPANY’s services, unless otherwise specified by written amendment to this Agreement.

No additional compensation shall be paid for any other expenses incurred.

COMPANY shall submit to CITY its invoice for services by the 10th day of each month, itemizing the fees and costs incurred during the previous month. CITY shall pay COMPANY all uncontested amounts set forth in COMPANY’s invoice within 30 days after it is received.

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

DocuSign Envelope ID: 97C08F3B-8DF4-44B6-AB34-B5E5EAB2B6BE

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Except as herein otherwise expressly specified to be furnished by CITY, COMPANY 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 to perform and complete the work and provide the professional services required of COMPANY by this Agreement.

3. PAYMENTS. For CITY to pay COMPANY as specified by this Agreement, COMPANY 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.

4. TIME OF PERFORMANCE. The services of the COMPANY 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.

5. FAMILIARITY WITH WORK. By executing this Agreement, COMPANY represents that COMPANY 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.

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

7. TERM OF AGREEMENT. The term of this Agreement shall commence upon execution by both parties and shall expire on December 31, 2024, unless earlier termination occurs under Section 11 of this Agreement, or this Agreement is extended in writing in advance by both parties. Further, the City Manager shall have the option to extend this Agreement for two additional one-year terms at the same annual not to exceed amount.

8. 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 COMPANY 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.

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

10. PERMITS AND LICENSES. COMPANY 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.

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

COMPANY 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 COMPANY shall cease services as of the date of termination, and all finished or unfinished documents, data, drawings, maps, and other DocuSign Envelope ID: 97C08F3B-8DF4-44B6-AB34-B5E5EAB2B6BE

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materials prepared by COMPANY shall, at CITY’s option, become CITY’s property, and COMPANY 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.

12. INDEMNIFICATION. COMPANY 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 COMPANY'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 COMPANY’S legal counsel unacceptable, then COMPANY 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 COMPANY 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 COMPANY 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 COMPANY pursuant to this Agreement, including, without limitation, to the provisions concerning indemnification.

Notwithstanding anything in this Agreement to the contrary, no provision of Section 12 shall be deemed effective until such time as COMPANY has been determined by a court or other tribunal of competent jurisdiction in a final judgment or order to have committed an error or act of omission and a claim against COMPANY has been proven. In addition, nothing contained herein shall be deemed to extend the statute of limitations for COMPANY’S professional negligence or willful misconduct. ASSIGNABILITY. This Agreement is for COMPANY’s professional services. COMPANY’s attempts to assign the benefits or burdens of this Agreement without CITY’s written approval are prohibited and will be null and void.

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

14. AUDIT OF RECORDS. COMPANY agrees that CITY, or designee, has the right to review, obtain, and copy all records pertaining to the performance of this Agreement.

DocuSign Envelope ID: 97C08F3B-8DF4-44B6-AB34-B5E5EAB2B6BE

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COMPANY 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. COMPANY further agrees to maintain such records for a period of three (3) years following final payment under this Agreement.

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

15. CORRECTIVE MEASURES. COMPANY will promptly implement any corrective measures required by CITY regarding the requirements and obligations of this Agreement.

COMPANY will be given a reasonable amount of time as determined by the City to implement said corrective measures. Failure of COMPANY to implement required corrective measures shall result in immediate termination of this Agreement.

16. INSURANCE REQUIREMENTS.
a. The COMPANY, at the COMPANY’s own cost and expense, shall procure and maintain, for the duration of the contract, the following insurance policies:
i. Workers Compensation Insurance as required by law. The COMPANY 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 COMPANY for City. ii. General Liability Coverage. The COMPANY shall maintain commercial general liability insurance in an amount of not less than two million dollars ($2,000,000) per occurrence for bodily injury, personal injury, and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit.
iii. Automobile Liability Coverage. The COMPANY shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the COMPANY arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired, and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence. b. Endorsements. Each 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. COMPANY also agrees to require all contractors, and subcontractors to do likewise.
i. “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 COMPANY, DocuSign Envelope ID: 97C08F3B-8DF4-44B6-AB34-B5E5EAB2B6BE

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including materials, parts, or equipment furnished in connection with such work or operations.”
ii. 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.
iii. 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.
iv. The insurer waives all rights of subrogation against the CITY, its elected or appointed officers, officials, employees, or agents.
v. 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.
vi. 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. COMPANY 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 COMPANY shall demonstrate financial capability for payment of such deductibles or self-insured retentions. e. The COMPANY 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 COMPANY 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 COMPANY (as the named insured) should COMPANY 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. COMPANY understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by COMPANY as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should City pay the SIR or deductible on COMPANY’s behalf upon the COMPANY’s failure or refusal to do so in order to secure defense and indemnification as an additional DocuSign Envelope ID: 97C08F3B-8DF4-44B6-AB34-B5E5EAB2B6BE

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insured under the policy, City may include such amounts as damages in any action against COMPANY for breach of this Agreement in addition to any other damages incurred by City due to the breach.

17. USE OF OTHER COMPANYS. COMPANY must obtain CITY’s prior written approval to use any sub-COMPANYs while performing any portion of this Agreement. Such approval must include approval of the proposed COMPANY and the terms of compensation.

18. FINAL PAYMENT ACCEPTANCE CONSTITUTES RELEASE. The acceptance by the COMPANY 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 COMPANY for anything done, furnished or relating to the COMPANY’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 COMPANY, its employees, sub-COMPANYs 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 COMPANY, its employees, sub-COMPANYs and agents.

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

20. NON-APPROPRIATION OF FUNDS. Payments to be made to COMPANY by CITY for services preformed within the current fiscal year are within the current fiscal budget and within an available, unexhausted fund. In the event that CITY does not appropriate sufficient funds for payment of COMPANY’S services beyond the current fiscal year, the Agreement shall cover payment for COMPANY’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.

21. 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 COMPANY
City of Hermosa Beach
1315 Valley Drive
Hermosa Beach, CA 90254
ATTN: Lisa Nichols, Community
Resources Manager
Vox Productions
1324 Cypress Avenue
Los Angeles, CA 90065
ATTN: Shawn Sedlacek,
Production Manager
DocuSign Envelope ID: 97C08F3B-8DF4-44B6-AB34-B5E5EAB2B6BE

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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. COMPANY maintains and warrants that it has not employed nor retained any company or person, other than COMPANY’s bona fide employee, to solicit or secure this Agreement. Further, COMPANY warrants that it has not paid nor has it agreed to pay any company or person, other than COMPANY’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 COMPANY 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 COMPANY and CITY and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of COMPANY’s or CITY’s obligations under this Agreement.
c. INTERPRETATION. This Agreement was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in Los Angeles County. d. ENTIRE AGREEMENT. This Agreement, and its Attachments, sets forth the entire understanding of the parties. There are no other understandings, terms or other agreements expressed or implied, oral or written.
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.

22. 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.

DocuSign Envelope ID: 97C08F3B-8DF4-44B6-AB34-B5E5EAB2B6BE

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Such facsimile or electronic mail copies will be treated in all respects as having the same effect as an original signature.

23. 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.

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

25. 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.

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

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

28. USE OF LOGO. The City grants the COMPANY permission to use its name, logo and/or trademark in deliverables produced by the COMPANY on the behalf of the City, such as written reports, presentation slides, press releases, social media graphics, and other public outreach materials. The CITY’s prior review of artwork and written approval is required for any use of CITY logo. CITY will provide an electronic copy of the most current logo to the CONTRACTOR for use in materials. The CONTRACTOR will, in turn, only use the most current logo of the CITY.

29. DISCLOSURE REQUIRED. (City and COMPANY initials required at one of the following paragraphs)
DocuSign Envelope ID: 97C08F3B-8DF4-44B6-AB34-B5E5EAB2B6BE

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By their respective initials next to this paragraph, City and COMPANY hereby acknowledge that COMPANY is a “CONSULTANT” for the purposes of the California Political Reform Act because COMPANY’s duties would require him or her to make one or more of the governmental decisions set forth in Fair Political Practices Commission Regulation 18700.3(a) or otherwise serves in a staff capacity for which disclosure would otherwise be required were COMPANY employed by the City. COMPANY hereby acknowledges his or her assuming-office, annual, and leaving-office financial reporting obligations under the California Political Reform Act and the City’s Conflict of Interest Code and agrees to comply with those obligations at his or her expense. Prior to COMPANY commencing services hereunder, the City’s Manager shall prepare and deliver to COMPANY a memorandum detailing the extent of COMPANY’s disclosure obligations in accordance with the City’s Conflict of Interest Code.

City Initials ______
COMPANY Initials ______
OR
By their initials next to this paragraph, City and COMPANY hereby acknowledge that COMPANY is not a “CONSULTANT” for the purpose of the California Political Reform Act because COMPANY’s duties and responsibilities are not within the scope of the definition of COMPANY 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 ______
COMPANY Initials ______

30. COMPLIANCE WITH COVID-19 VACCINATION POLICY. All COMPANY’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 COVID-19. COMPANY 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 COMPANY
Suja Lowenthal, City Manager Shawn Sedlacek, Production Manager DocuSign Envelope ID: 97C08F3B-8DF4-44B6-AB34-B5E5EAB2B6BE

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ATTEST:
26-3981198
Myra Maravilla, City Clerk Taxpayer ID No.

APPROVED AS TO FORM:

Patrick Donegan, City Attorney
DocuSign Envelope ID: 97C08F3B-8DF4-44B6-AB34-B5E5EAB2B6BE

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Exhibit A: Scope of Work
The equipment and staffing to execute the work described below for the Hermosa Beach Concert Series scheduled for the two Sundays following Labor Day from 4:00- 7:00pm on the beach south of Pier featuring up to three talent acts per event day. • Construction and installation of one main covered concert stage with professional quality lighting and a sound system;
• Fencing for the equipment and stage to secure and protect the stage and any support equipment throughout nonperformance days;
• Audio support equipment to produce clear, professional quality sound for an outdoor audience of up to 5,000 people;
• An experienced point of contact to work with City staff in the coordination, logistical planning, and implementation of the concerts; • An experienced point of contact to work with selected talent in the coordination, logistical planning, and implementation of the selected talent’s set; • All staffing necessary to successfully and professionally operate associated equipment; and
• Oversight of general concert production.

DocuSign Envelope ID: 97C08F3B-8DF4-44B6-AB34-B5E5EAB2B6BE

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First Amendment to Agreement – Vox Productions Page 1

FIRST AMENDMENT TO CONTRACT FOR PROFESSIONAL SERVICES TO PROVIDE

SOUND AND STAGE PRODUCTION SERVICES FOR THE HERMOSA BEACH CONCERT

SERIES BETWEEN THE CITY OF HERMOSA BEACH AND VOX PRODUCTIONS The First Amendment to Agreement (hereinafter called “AGREEMENT”) between the City of Hermosa Beach, hereinafter called “CITY” and Vox Productions (hereinafter called “COMPANY”) to provide sound and stage production services for the Hermosa Beach Concert Series is made and entered into this 1st day of January 2025.

RECITALS
A. CITY and COMPANY are parties to the AGREEMENT dated January 23, 2024.

B. The parties now desire to enter into a First Amendment, providing for the first allowable one-year extension of the term of the AGREEMENT (Exhibit A) to be made and entered into this 1st day of January 2025.

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

1. Section 1. Consideration and Compensation is now amended to read as follows:

As partial consideration, COMPANY agrees to perform the work listed in the SCOPE OF SERVICES, attached as Exhibit A.

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

As additional consideration, CITY agrees to pay COMPANY a not-toexceed amount of $77,840 for COMPANY’s services, unless otherwise specified by written amendment to this Agreement.

No additional compensation shall be paid for any other expenses incurred.

2. Section 7. Term of Agreement is now amended to read as follows:

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First Amendment to Agreement – Vox Productions Page 2
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. Further, the City Manager shall have the option to extend this Agreement for one additional one-year term at the same annual not to exceed amount.

3. Exhibit A: Scope of Work attached to the original agreement is now amended to read as follows:

The equipment and staffing to execute the work described below for the Hermosa Beach Concert Series scheduled for the two Sundays following Labor Day from 3:00-7:00pm on the beach south of Pier featuring up to three talent acts per event day.
• Construction and installation of one main covered concert stage with banners, ADA access, professional quality lighting and a sound system with set-up to begin the Thursday prior to the first event day; • Maintain and provide space and equipment for hospitality for talent;
• Fencing and security (as needed) for the equipment and stage to secure and protect the stage and any support equipment
throughout nonperformance days;
• Audio support equipment to produce clear, professional quality sound for an outdoor audience of up to 5,000 people;
• An experienced point of contact to work with City staff in the coordination, logistical planning, and implementation of the concerts;
• An experienced point of contact to work with selected talent and talent buyer in the coordination, logistical planning, and implementation of the selected talent’s set;
• All staffing necessary to successfully and professionally operate associated equipment; and
• Oversight of general concert production.

Except as above modified, in all other respects the Agreement is hereby reaffirmed in full force and effect.

CITY OF HERMOSA BEACH
________________________________
Mayor Dean Francois City Manager Suja Lowenthal

Page 871 of 1536 ends

First Amendment to Agreement – Vox Productions Page 3
______________________________ ________________________________

ATTEST APPROVED AS TO FORM
City Clerk Myra Maravilla City Attorney Patrick Donegan

VOX PRODUCTIONS
______________________________
Production Manager Shawn Sedlacek

Page 872 of 1536 ends

City of Hermosa Beach | Page 1 of 1
Meeting Date: January 14, 2025
Staff Report No. 25-PW-004
Honorable Mayor and Members of the Hermosa Beach City Council

ACTION MINUTES OF THE PUBLIC WORKS COMMISSION MEETING OF SEPTEMBER 18, 2024
(Public Works Director Joe SanClemente)
Recommended Action:

Staff recommends City Council receive and file the action minutes of the Public Works Commission meeting of September 18, 2024.

Attachment:

Action Minutes of the September 18, 2024 Public Works Commission Meeting Respectfully Submitted by: Joe SanClemente, Public Works Director Reviewed by: Angela Crespi, Deputy City Manager
Approved: Suja Lowenthal, City Manager

Page 873 of 1536 ends

1 CITY OF HERMOSA BEACH

PUBLIC WORKS COMMISSION MEETING MINUTES
September 18, 2024
Open Session 6:00 PM
Council Chambers
1315 Valley Drive
Hermosa Beach, CA 90254
Members Present: Chairperson Janice Brittain, Vice Chairperson Scott Hayes, Commissioner Kathy Dunbabin, Commissioner Thor Legvold
Members Absent: Commissioner David Grethen
_____________________________________________________________________

1. CALL TO ORDER
Chairperson Brittain called the meeting to order at 6:04 p.m.

2. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Commissioner Dunbabin.

3. ROLL CALL

Present: Commissioner Dunbabin, Commissioner Legvold, Vice Chairperson Hayes, Chairperson Brittain

Absent: Commissioner Grethen
Staff Present: Joe SanClemente, Director of Public Works; Michael Ervin, City Attorney; Andrew Nguyen, Associate Engineer; Dave Wilson, Management Analyst

4. APPROVAL OF AGENDA
Vice Chairperson Hayes moved to approve the agenda, Chairperson Brittian seconded and the motion passed 4-0.

5. ANNOUNCEMENTS—UPCOMING CITY EVENTS
Commissioner Dunbabin announced the following:
• On September 21, a Coastal Cleanup is being held at 9:00 am at Schumacher Plaza

Page 874 of 1536 ends

2 • On September 28 and 29 the Hermosa Beach Chamber of Commerce is hosting Locale 90254
• On October 27 the Women's Club of Hermosa beach is hosting it's annual Pancake Breakfast from 8:30 to 11:00 at the Kiwanis Club • Please remember to vote on November 5
Chairperson Brittain announced the following:
• On October 29, there will be a joint meeting between the Parks and Recreation Commission and the Public Works Commission.

6. PRESENTATIONS
No presentations.

7. PUBLIC WORKS DIRECTOR REPORT

7.a Director's Update
Director SanClemente provided updates on the following topics:
• Parkway Trees
• Engineering Staffing Update
• Living Streets Study Session
• Edith Rodaway Park Improvements
• Miscellaneous Construction Updates
Vice Chairperson Hayes had follow-up questions.

7.b Activity Reports
Director SanClemente presented the Activity Reports for July and August 2024.

Vice Chairperson Hayes had follow-up questions and comments.

Chairperson Brittian and Commissioner Dunbabin provided comments.

7.c CIP Status Report
Director SanClemente presented the CIP Status Report.

Vice Chairperson Hayes, Commissioner Dunbabin and Chairperson Brittain had follow-up questions and comments.

8. PUBLIC COMMENT
Eric Horne made public comments.

9. COMMISSIONER COMMENTS

Page 875 of 1536 ends

3 9.a Response to Public Comments/Questions for Clarification None.

9.b Brief Announcements
None.

9.c Reports on liaison or subcommittee roles, activities, or meetings attended.

None.

9.d Brief comments on matters within subject matter jurisdiction of the Commission.

None.

10. CONSENT CALENDAR
Motion by Vice Chairperson Hayes and seconded by Commissioner Legvold.

Motion passes 4-0.

To approve the consent calendar.

10.a Action Minutes of the July 17, 2024 Public Works Commission Meeting

11. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE

DISCUSSION
None.

12. PUBLIC HEARINGS
None.

13. MATTERS FOR COMMISSION CONSIDERATION
None.

14. FUTURE AGENDA ITEMS
None.

15. PUBLIC COMMENT

16. ADJOURNMENT
The meeting was adjourned at 6.56 p.m.

Page 876 of 1536 ends

City of Hermosa Beach | Page 1 of 3
Meeting Date: January 14, 2025
Staff Report No. 25-PW-001
Honorable Mayor and Members of the Hermosa Beach City Council ADOPT RESOLUTION 25-XX EASEMENT DEDICATION 1942 THE STRAND CEQA: Determine that the Resolution is Exempt under the California Environmental Quality Act
(Public Works Director Joe SanClemente)
Recommended Action:

Staff recommends City Council:

1. Adopt Resolution 25-XX (Attachment 2) accepting the easement deed for the City storm drain associated with the redevelopment of 1942 The Strand; and

2. Authorize the City Manager to execute the Certificate of Acceptance (Attachment 4).

Executive Summary:

The redevelopment of 1942 The Strand, a new single-family residential property, involves a City-owned and maintained storm drainpipe on private property. Through the development approval process, Public Works staff requested the property owner dedicate a utility easement to the City to ensure access for maintenance and repairs. If accepted by City Council, the newly dedicated easement would allow proper care of City-owned storm drain infrastructure as detailed on the Location Map (Attachment 1).

Background:

There are several areas throughout the City where City-owned infrastructure, including storm drain systems, was installed on private property without accompanying utility easements, creating challenges for maintenance and emergency access. To address this, the Public Works Department requires property owners of new developments that involve City-owned infrastructure to grant the City a dedicated utility easement for maintenance and access. The easement provides the City with the necessary access and space to perform maintenance, repairs, or replacements on the storm drain infrastructure. The standard utility easement width is 10 feet, and no structures may be built or obstruct the dedicated easement.

In 2018, the property owner of 1942 The Strand submitted Architectural and Civil Plans to the Planning and Public Works Departments for review and approval of the development of a new single-family residence at. Through its review, the Public Works

Page 877 of 1536 ends

City of Hermosa Beach | Page 2 of 3
Department identified a City-owned and maintained 10-inch storm drainpipe on the property without an existing utility easement. The property owner agreed to grant the utility easement and had a professional land surveyor prepare an Easement Agreement (Attachment 3). The Public Works Department approved the Civil Plans on September 9, 2019, and the development is being finalized.

Analysis:

The easement dedication aligns with the City's standard practice of securing access rights for City-owned infrastructure on private property. The proposed resolution formalizes the acceptance of the easement deed and authorizes the necessary documentation for recordation.

Staff recommends City Council adopt a resolution accepting the easement deed (Attachment 2) and authorize the City Manager to execute the Certificate of Acceptance (Attachment 4) prior to recordation of easement documents.

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:

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

Policy:
• 1.1 Infrastructure systems plan. Establish and adopt an integrated, holistic systems approach to guide infrastructure development, improvement, maintenance, and resilience.

Environmental Review:

In accordance with the California Environmental Quality Act (CEQA), acceptance of the easement dedication is categorically exempt pursuant to CEQA Guidelines sections 15301 and 15305. Class 1 (Existing Facilities) and Class 5 (Minor Alterations in Land Use Limitations) exemptions apply since there will be no expansion of existing City infrastructure and there will be no changes to land use or density other than already considered for the underlying project approval; and because none of the exceptions of Section 15300.2 of the CEQA Guidelines apply since (1) the cumulative impact of successive projects of this same type (i.e., easement dedication) in the same place over time is less than significant; (2) there is no possibility that the easement dedication will have a significant effect on the environment due to unusual circumstances because there are no unusual circumstances surrounding this site; (3) the project site is not within a highway officially designated as a state scenic highway; (4) the project site is not a site which is included on any list compiled pursuant to Section 65962.5 of the Government

Page 878 of 1536 ends

City of Hermosa Beach | Page 3 of 3
Code; and (5) the project will not cause a substantial adverse change in the significance of a historical resource.

Fiscal Impact:

There is no fiscal impact associated with the recommended action.

Attachments:

1. Location Map

2. Draft Resolution

3. Easement Agreement

4. Certificate of Acceptance
Respectfully Submitted by: Jonathan Pascual, Assistant Engineer Concur: Joe SanClemente, Public Works Director
Noted for Fiscal Impact: Brandon Walker, Administrative Services Director Legal Review: Patrick Donegan, City Attorney
Reviewed by: Angela Crespi, Deputy City Manager
Approved: Suja Lowenthal, City Manager

Page 879 of 1536 ends

0.0 THIS MAP IS NOT TO BE USED FOR NAVIGATION
WGS_1984_Web_Mercator_Auxiliary_Sphere

0.0 Miles
Notes
© City of Hermosa Beach
Legend
The map generated is for reference only. Data layers that appear on this map do not have survey grade accuracy but represent close approximation. 0 0.02
1: 955
City of Hermosa Beach
City Boundary
Parcels
Address Points
Streets
City Manholes
City Sewerlines
Sewer Laterals
Sewer Laterals - Verified
Sewer Laterals - Active
Storm Drain Facilities
Manhole, City
Manhole, County
Inlet, City
Inlet, County
Local Outfall
Outfall, City
Outfall, County
Infiltration Basin
Pump Station
Vault
Well
Storm Drain Pipes
City Owned
County Owned

Page 880 of 1536 ends

RESOLUTION NO. _____

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

ACCEPTING THE EASEMENT DEED FOR A STORM DRAIN EASEMENT IN CONNECTION WITH THE REDEVELOPMENT OF 1942 THE STRAND,

HERMOSA BEACH AND FINDING THE SAME EXEMPT FROM THE
ENVIRONMENTAL QUALITY ACT (CEQA).

The City Council of the City of Hermosa Beach does hereby find, order and resolve as follows:

A. RECITALS:
(i.) The owners of the real property located at 1942 The Strand, Hermosa Beach, California desire to grant to the City a storm drain easement in connection with the redevelopment of their property.
(ii.) The City desires to accept the storm drain easement in furtherance of the public interest.
(iii) Government Code section 27281 requires the City Council to adopt a resolution of acceptance of any grant of easement upon real estate for it to be accepted for recordation.
(iv.) All legal prerequisites to the acceptance of this grant and the adoption of this resolution have occurred.

B. RESOLUTION:

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

Section 1. The City Council of the City of Hermosa Beach does hereby find that all of the facts set forth in the recitals of this resolution are true and correct.

Section 2. The City Council of the City of Hermosa Beach does hereby accept the grant of a storm drain easement legally described in the Easement Deed attached hereto and incorporated
herein by reference as Exhibit “A.”
Section 3. The City Council finds that the acceptance of the Easement Deed is categorically exempt pursuant to CEQA Guidelines sections 15301 since there will be no more than negligible expansion of existing storm drain system and there will be no

Page 881 of 1536 ends

changes to land use or density other than already considered for the underlying project approval.

The City Clerk shall certify to the adoption of this Resolution and cause the Easement Deed to be recorded in the Office of the County Recorder.

PASSED, APPROVED AND ADOPTED this ___ day of _______, 2025.

Dean Francois, Mayor
ATTEST:
___
City Clerk

Page 882 of 1536 ends

Page 883 of 1536 ends

Page 884 of 1536 ends

Page 885 of 1536 ends

Page 886 of 1536 ends

Page 887 of 1536 ends

CERTIFICATE OF ACCEPTANCE
Pursuant to Section 27281 of the
California Government Code
This is to certify that the interest in real property conveyed by the Easement Deed dated November.19, 2024, from John T. Lowell and Catherine C. Corell, Trustees of The Lowell, a Correll Family Trust, as Grantor thereunder, to City of Hermosa Beach, a municipal corporation, as Grantee thereunder, is hereby accepted by the undersigned officer on behalf of the City of Hermosa Beach, pursuant to the authority conferred by Resolution No. _____________, adopted by City Council on January, 14, 2025, and the Grantee consents to recordation thereof by its duly authorized officer.

Dated: _________________, 2025 By ____________________________ Suja Lowenthal, City Manager

Page 888 of 1536 ends

City of Hermosa Beach | Page 1 of 1
Meeting Date: January 14, 2025
Staff Report No. 25-CDD-012
Honorable Mayor and Members of the Hermosa Beach City Council

ACTION MINUTES OF THE PLANNING COMMISSION REGULAR MEETING OF NOVEMBER 18, 2024 AND DECEMBER 16, 2024
(Planning Manager Alexis Oropeza)
Recommended Action:

Staff recommends City Council receive and file the action minutes of the Planning Commission regular meeting of November 18, 2024 and December 16, 2024.

Attachments:

1. Planning Commission Action Minutes Regular Meeting of November 18, 2024

2. Planning Commission Action Minutes Regular Meeting of December 16, 2024 Respectfully Submitted by: Alexis Oropeza, Planning Manager Reviewed by: Angela Crespi, Deputy City Manager
Approved: Suja Lowenthal, City Manager

Page 889 of 1536 ends

1 CITY OF HERMOSA BEACH
Planning Commission
Meeting Minutes
November 18, 2024
Open Session 7:00 PM
Council Chambers
1315 Valley Drive
Hermosa Beach, CA 90254
_____________________________________________________________________ Due to technical difficulties, all votes conducted during this meeting were taken by voice vote.

1. CALL TO ORDER
Chairperson Pederson called the meeting to order at 7:10 pm.

2. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Commissioner Flaherty.

3. ROLL CALL
Chairperson Pedersen announced a quorum

4. APPROVAL OF AGENDA

5. PUBLIC COMMENT
No public comments were made.

6. CONSENT CALENDAR
Members Present: Chairperson David Pedersen, Commissioner Peter Hoffman, Commissioner Michael Flaherty
Members Late: Vice Chair Hirsh
Members Absent: Commissioner Stephen Izant

Page 890 of 1536 ends

2 Motion: To approve the Consent Calendar.

6.a ACTION MINUTES OF THE PLANNING COMMISSION REGULAR
MEETING OF OCTOBER 15, 2024 - 24-CDD-074
Staff recommends Planning Commission receive and file the action minutes of the Planning Commission regular meeting of October 15, 2024.

Moved by: Commissioner Peter Hoffman
Seconded by: Commissioner Michael Flaherty
Motion Carried

7. PUBLIC HEARING

7.a TRI-ANNUAL REPORT FOR ON-SALE ALCOHOLIC BEVERAGE
CONDITIONAL USE PERMITS REPORTING PERIOD OF MARCH 1,
2024, TO AUGUST 31, 2024 - 24-CDD-073
Associate Planner Jake Whitney provided a staff report.

Chairperson Pedersen provided comments.

City Attorney Donegan provided comments.

Commissioner Hoffman provided comments.

Chairperson Pedersen provided comments.

Motion: To conduct a public hearing on the tri-annual Conditional Use Permit report.

Moved by: Commissioner Peter Hoffman
Seconded by: Commissioner Michael Flaherty
Motion Carried
Vice Chair Kate Hirsh joined the meeting at 7:22 p.m.

7.b REQUEST TO APPROVE A CONDITIONAL USE PERMIT (CUP 24-07) AND PRECISE DEVELOPMENT PLAN (PDP 24-04) TO ALLOW A NEW 2,689-SQUARE-FOOT PHYSICAL RECOVERY STUDIO AT 301 PIER
AYES (3): Chairperson David Pedersen, Commissioner Peter Hoffman, Commissioner Michael Flaherty
ABSENT(2): Vice Chair Kate Hirsh, Commissioner Stephen Izant AYES (3): Chairperson David Pedersen, Commissioner Peter Hoffman, Commissioner Michael Flaherty
ABSENT(2): Vice Chair Kate Hirsh, Commissioner Stephen Izant

Page 891 of 1536 ends

3 AVENUE IN THE SPECIFIC PLAN AREA 11 (SPA-11) ZONE - 24-CDD080 Associate Planner Jake Whitney provided a staff report.

Chairperson Pedersen provided comments.

Vice Chair Hirsh provided comments.

Planning Manager Alexis Oropeza provided comments.

Associate Planner Whitney provided comments.

Chairperson Pedersen provided comments.

Planning Manager Oropeza provided comments.

Associate Planner Whitney provided comments.

Chairperson Pedersen provided comments.

City Attorney Donegan provided comments.

Planning Manager Oropeza provided comments.

Chairperson Pedersen provided comments.

Commissioner Hoffman disclosed that he made a site visit.

Commissioner Flaherty disclosed that he made a site visit.

Chairperson Pedersen disclosed that he had a discussion with Consultant Manclark.

Vice Chair Hirsh provided comments.

Chairperson Pedersen provided comments.

Public Comment was provided by:
 Michael Robinson, Applicant
 Don English, Building Owner
 Megan, Architect
 Dr. Salah
Chairperson Pedersen provided comments.

Commissioner Hoffman provided comments.

Vice Chair Hirsh provided comments.

Planning Manager Oropeza provided comments.

City Attorney Donegan provided comments.

Page 892 of 1536 ends

4 Chairperson Pedersen provided comments.

Commissioner Flaherty provided comments.

Planning Manager Oropeza provided comments.

Chairperson Pedersen provided comments.

Associate Planner Whitney provided comments.

Commissioner Hoffman provided comments.

Motion: To approve amended Conditional Use Permit 24-07 and Precise Development Plan 24-05 for a new 2,689-square-foot physical recovery studio at 301 Pier Ave (Suite B) subject to conditions striking condition 14; and to determine that the project is categorically exempt from the California Environmental Quality Act (CEQA).

Moved by: Commissioner Peter Hoffman
Seconded by: Vice Chair Kate Hirsh
Motion Carried

7.c REQUEST TO APPROVE CONDITIONAL USE PERMIT (CUP 24-12) AND PRECISE DEVELOPMENT PLAN (PDP 24-13) TO ALLOW A NEW 2,386-SQUARE-FOOT PILATES STUDIO AT 301 PIER AVENUE IN THE SPECIFIC PLAN AREA 11 (SPA-11) ZONE - 24-CDD-082
Associate Planner Whitney provided a presentation.

Chairperson Pedersen provided comments.

Commissioner Flaherty provided comments.

Associate Planner Whitney provided comments.

Planning Manager Oropeza provided comments.

Commissioner Flaherty provided comments.

Chairperson Pedersen disclosed a site visit and conversations with staff.

Commissioner Hoffman disclosed a site visit.

Commissioner Flaherty disclosed a site visit.

Motion: To approve amended Conditional Use Permit 24-12 and Precise Development Plan 24-13 for a new 2,386-square-foot Pilates studio at 301 AYES (4): Chairperson David Pedersen, Vice Chair Kate Hirsh, Commissioner Peter Hoffman, Commissioner Michael Flaherty
ABSENT(1): Commissioner Stephen Izant

Page 893 of 1536 ends

5 Pier Ave (Suite A) subject to conditions, striking condition 14, and to determine that the project is categorically exempt from the California Environmental Quality Act (CEQA).

Moved by: Commissioner Peter Hoffman
Seconded by: Commissioner Michael Flaherty
Motion Carried

8. STAFF ITEMS

8.a COMMUNITY DEVELOPMENT DIRECTOR REPORT
Planning Manager Oropeza reported that the City Council at its November 12th meeting considered the Planning Commission’s recommendation to update the Accessory Dwelling Unit Ordinance. The City Council adopted the Planning Commission’s recommendation with an additional amendment allowing a height of 20 feet for detached ADUs. In addition, an urgency ordinance was adopted for the purpose of ensuring the local ADU Ordinance regulations would be in effect on January 1, 2025. However, the urgency ordinance did not include the amendment to height for detached ADUs.

Planning Manager also announced that on November 23rd from 1:00 pm - 3:00 pm, the City will be conducting a tour of the City Yard. More information on how to attend is available on our website.

9. PLANNING COMMISSION COMMENTS
Chairperson Pedersen announced he will be sworn in as the City of Hermosa Beach City Treasurer on December 5th. He will continue to serve on the Planning Commission until his seat has been filled.

Commissioner Hoffman provided comments.

Chairperson Pedersen provided comments.

Planning Manager Oropeza provided comments.

Commissioner Flaherty provided comments.

10. FUTURE AGENDA ITEMS

10.a PLANNING COMMISSION TENTATIVE FUTURE AGENDA - 24-CDD075 AYES (4): Chairperson David Pedersen, Vice Chair Kate Hirsh, Commissioner Peter Hoffman, Commissioner Michael Flaherty
ABSENT(1): Commissioner Stephen Izant

Page 894 of 1536 ends

6 Motion: To receive and file the December 16, 2024 Planning Commission tentative future agenda.

Moved by: Commissioner Peter Hoffman
Seconded by: Commissioner Michael Flaherty
Motion Carried

10.b PLANNING COMMISSION MEETING SCHEDULE FOR 2025 - 24-CDD076 Motion: To receive and file the Planning Commission meeting schedule for 2025.

Moved by: Commissioner Peter Hoffman
Seconded by: Commissioner Michael Flaherty
Motion Carried

11. PUBLIC COMMENT

12. ADJOURNMENT
Motion: To adjourn the Planning Commission meeting of November 18th.

Moved by: Commissioner Peter Hoffman
Seconded by: Vice Chair Hirsh
Motion Carried
The meeting was adjourned at 9:08 pm.

AYES (4): Chairperson David Pedersen, Vice Chair Kate Hirsh, Commissioner Peter Hoffman, Commissioner Michael Flaherty
ABSENT(1): Commissioner Stephen Izant
AYES (4): Chairperson David Pedersen, Vice Chair Kate Hirsh, Commissioner Peter Hoffman, Commissioner Michael Flaherty
ABSENT(1): Commissioner Stephen Izant
AYES (4): Chairperson David Pedersen, Vice Chair Kate Hirsh, Commissioner Peter Hoffman, Commissioner Michael Flaherty
ABSENT(1): Commissioner Stephen Izant

Page 895 of 1536 ends

1 CITY OF HERMOSA BEACH
Planning Commission
Meeting Minutes
December 16, 2024
Open Session 7:00 PM
Council Chambers
1315 Valley Drive
Hermosa Beach, CA 90254
_____________________________________________________________________

1. CALL TO ORDER
Chairperson Pederson called the meeting to order at 7:03 p.m.

2. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Chairperson Pedersen.

3. ROLL CALL
Administrative Assistant Melanie Hurtado took a voice vote for roll call and announced a quorum.

4. APPROVAL OF AGENDA
Motion: To approve the order of the agenda.

A voice vote was taken on this item.

Members Present: Chairperson David Pedersen, Vice Chair Kate Hirsh, Commissioner Peter Hoffman, Commissioner Stephen Izant, Commissioner Michael Flaherty

Page 896 of 1536 ends

2 Moved by: Commissioner Peter Hoffman
Seconded by: Commissioner Stephen Izant
Ayes (5): Chairperson David Pedersen, Vice Chair Kate Hirsh, Commissioner Peter Hoffman, Commissioner Stephen Izant, and Commissioner Michael Flaherty
Motion Carried

5. PUBLIC COMMENT
In-Person public comments:
 Adam Malovani

6. CONSENT CALENDAR
Motion: To approve the consent calendar.

6.a ACTION MINUTES OF THE PLANNING COMMISSION REGULAR
MEETING OF NOVEMBER 18, 2024 - 24-CDD-085
A voice vote was taken on this item.

Staff recommends Planning Commission receive and file the action minutes of the Planning Commission regular meeting of November 18, 2024.

A voice vote was taken on this item.

Moved by: Commissioner Stephen Izant
Seconded by: Commissioner Peter Hoffman
Ayes (5): Chairperson David Pedersen, Vice Chair Kate Hirsh, Commissioner Peter Hoffman, Commissioner Stephen Izant, and Commissioner Michael Flaherty
Motion Carried

7. PUBLIC HEARING

8. STAFF ITEMS

8.a STUDY SESSION UPDATING REGULATIONS OF TEMPORARY USE

AND EVENTS, A COMPONENT OF THE COMPREHENSIVE ZONING
CODE UPDATE. - 24-CDD-088
Planning Manager Oropeza provided a presentation.

Chairperson Pedersen provided comments.

Vice Chair Hirsh provided comments.

Planning Manager Oropeza provided comments.

Page 897 of 1536 ends

3 Chairperson Pedersen provided comments.

Commissioner Izant provided comments.

Planning Manager Oropeza provided comments.

City Attorney Donegan provided comments.

Commissioner Izant provided comments.

Planning Manager Oropeza provided comments.

City Attorney Donegan provided comments.

Chairperson Pedersen provided comments.

Commissioner Hoffman provided comments.

Planning Manager Oropeza provided comments.

City Attorney Donegan provided comments.

Commissioner Hoffman provided comments.

Chairperson Pedersen provided comments.

Commissioner Flaherty provided comments.

Planning Manager Oropeza provided comments.

Chairperson Pedersen provided comments.

In-Person public comments:
 Kathy Knoll
 Adam Malovani
 Laura Pena
Chairperson Pedersen provided comments.

Vice Chair Hirsh provided comments.

Planning Manager Oropeza provided comments.

Commissioner Flaherty provided comments.

Chairperson Pedersen provided comments.

Planning Manager Oropeza provided comments.

Chairperson Pedersen provided comments.

Vice Chair Hirsh provided comments.

Commissioner Flaherty provided comments.

Page 898 of 1536 ends

4 Planning Manager Oropeza provided comments.

Chairperson Pedersen provided comments.

Commissioner Hoffman provided comments.

Commissioner Izant provided comments.

Chairperson Pedersen provided comments.

Vice Chair Hirsh provided comments.

Commissioner Izant provided comments.

Chairperson Pedersen provided comments.

Planning Manager Oropeza provided comments.

Chairperson Pedersen provided comments.

Vice Chair Hirsh provided comments.

Commissioner Izant provided comments.

Planning Manager Oropeza provided comments.

Vice Chair Hirsh provided comments.

Chairperson Pedersen provided comments.

Commissioner Izant provided comments.

Commissioner Hoffman provided comments.

Chairperson Pedersen provided comments.

Commissioner Flaherty provided comments.

Chairperson Pedersen provided comments.

Commissioner Izant provided comments.

Commissioner Flaherty provided comments.

Chairperson Pedersen provided comments.

Planning Manager Oropeza provided comments.

Commissioner Hoffman provided comments.

Vice Chair Hirsh provided comments.

Planning Manager Oropeza provided comments.

Chairperson Pedersen provided comments.

8.b COMMUNITY DEVELOPMENT DIRECTOR REPORT

Page 899 of 1536 ends

5 Interim Community Development Director and Planning Manager Alexis Oropeza updated that the recruitment process for the Community Development Director position as well as for the Assistant Planner positions is still on-going.

9. PLANNING COMMISSION COMMENTS
Chairperson Pedersen announced that he has been sworn in as the City Treasurer but he will continue to serve as the Planning Commission Chair until the end of February or until his seat on the Commission has been filled.

10. FUTURE AGENDA ITEMS

10.a PLANNING COMMISSION TENTATIVE AGENDA FOR JANUARY 21, 2025 24-CDD-084
Chairperson Pedersen provided comments.

Planning Manager Oropeza provided comments.

Chairperson Pedersen provided comments.

Motion: To receive and file the January 21, 2025 Planning Commission tentative future agenda.

Moved by: Commissioner Kate Hirsh
Seconded by: Commissioner Peter Hoffman
A voice vote was taken on this item.

Ayes (5): Chairperson David Pedersen, Vice Chair Kate Hirsh, Commissioner Peter Hoffman, Commissioner Stephen Izant, and Commissioner Michael Flaherty
Motion Carried

11. PUBLIC COMMENT

12. ADJOURNMENT
The meeting was adjourned at 9:01 p.m.

Page 900 of 1536 ends

City of Hermosa Beach | Page 1 of 1
Meeting Date: January 14, 2025
Staff Report No. 25-CDD-013
Honorable Mayor and Members of the Hermosa Beach City Council

PLANNING COMMISSION TENTATIVE FUTURE AGENDA
(Planning Manager Alexis Oropeza)
Recommended Action:

Staff recommends City Council receive and file the January 21, 2025 Planning Commission tentative future agenda.

Attachment:

Planning Commission January 21, 2025 Tentative Future Agenda Respectfully Submitted by: Alexis Oropeza, Planning Manager Reviewed by: Angela Crespi, Deputy City Manager
Approved: Suja Lowenthal, City Manager

Page 901 of 1536 ends

C:\Program Files\eSCRIBE\TEMP\15432573199\15432573199,,,Planning Commission Tentative Agenda for January 21, 2025.docx Revised 101/09/2025 3:43 PM
Tentative Future Agenda

PLANNING COMMISSION
City of Hermosa Beach
Tuesday, January 21, 2025
Regular Meeting
7:00 PM
Project Title Public
Notice
Meeting
Date
3415 Palm Drive Precise Development Plan for a five-unit project. (Public Hearing)
1/11/25 1/21/25
901 Hermosa Avenue Precise Development Plan for the
remodel and third-floor addition to an existing commercial building. (Public Hearing)
1/11/25 1/21/25
1601 Pacific Coast Highway Parking Plan to allow for change of use within an existing commercial building. (Public Hearing) 1/11/25 1/21/25 Upcoming and Pending Projects
Zoning Code Update – Study Sessions
Zone Text Amendment – Temporary Uses and Temporary Events (Public Hearing)
819 - 825 Bard Street – Precise Development Plan for a five-unit Condominium Project (Public Hearing)
Tri-Annual Report for July 1, 2024 – Dec. 31, 2024
(Staff Item in February 2025 and Public Hearing in March 2025)

Page 902 of 1536 ends

City of Hermosa Beach | Page 1 of 7
Meeting Date: January 14, 2025
Staff Report No. 25-CDD-016
Honorable Mayor and Members of the Hermosa Beach City Council ADOPTION OF AN ORDINANCE APPROVING ZONE TEXT AMENDMENT 24-03 AMENDING CHAPTER 17.21 OF THE HERMOSA BEACH MUNICIPAL CODE

REGARDING ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS.

CEQA: Determine the action is statutorily exempt from the California Environmental Quality Act under Section 21080.17 of the Public Resources Code. (Planning Manager Alexis Oropeza)
Recommended Action:

Staff recommends City Council:

1. Adopt an Ordinance of the City of Hermosa Beach, California, amending Chapter

17.21 of the Hermosa Beach Municipal Code regarding accessory dwelling units and junior accessory dwelling units and determine the project is exempt under the California Environmental Quality Act (CEQA) pursuant to Section 21080.17 of the California Public Resources Code (Attachment 1); and

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

Executive Summary:

At its November 12, 2024 meeting, City Council held a public hearing and approved amendments to Chapter 17.21 of the Hermosa Beach Municipal Code to comply with recent changes to state law that impose new limits on local authority to regulate Accessory Dwelling Units (“ADUs”) and Junior Accessory Dwelling units (“JADUs”). This is the second reading to formally adopt the aforementioned changes.

Background:

Beginning in 2017, the California Legislature approved, and the Governor signed into law, a number of bills that, among other things, amended various sections of the Government Code to impose new limits on local authority to regulate ADUs and JADUs. The City’s local regulations were amended multiple times to reflect the amendments to state law.

The most recent amendments to the City’s zoning ordinance were adopted in 2023 to address clarifications in the code required by the California Department of Housing and Community Development as part of the City’s effort to obtain a certified Housing Element.

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In September 2024, the Governor signed into law two bills—Assembly Bill (AB) 2533 and Senate Bill (SB) 1211—approved by the state legislature, which further amended state ADU law, as summarized below.

At its October 15, 2024 meeting, the Planning Commission considered the proposed amendments along with the additional changes and recommended City Council approval with the exception the change in height for detached ADUs.

At its November 12, 2024 meeting, the City Council considered the Planning Commission’s recommendation and adopted an Ordinance approving Zone Text Amendment 24-03 updating the City’s regulations to comply with the state law and a amending the required separation between buildings to be regulated by the Building Code and modifying the maximum height for detached ADU’s to a maximum height of 20 feet.

Past Board, Commission, and Council Actions
Meeting Date Description
May 15, 2018 Planning Commission first reading of the ADU Ordinance June 25, 2018
Planning Commission recommends City Council approve
Zone Text Amendment 18-1, thereby establishing local
standards for State mandated ADUs
July 24, 2018 City Council first reading of the ADU Ordinance August 28, 2018 City Council adopts Ordinance No. 18-1385 December 9, 2019
Planning Commission recommends City Council approve
Zone Text Amendment 19-2, thereby amending the
Municipal Code regarding ADUs
January 14, 2020 City Council adopts Urgency Ordinance No. 20-1403U January 28, 2020 City Council adopts Ordinance No. 20-1204 November 15, 2022
Planning Commission recommends City Council approve
Zone Text Amendment 22-02, thereby amending the
Municipal Code regarding ADUs and JADUs
November 29, 2022 City Council continued the item to the December 13, 2022 meeting
December 13, 2022 City Council adopts Ordinance No. 22-1456U May 16, 2023
Planning Commission recommends City Council approve
Zone Text Amendment 23-01, thereby amending the
Municipal Code regarding ADUs
June 13, 2023
City Council approves Zone Text Amendment 23-01,
moving the Planning Commission recommendation and
lifting the prohibition on roof decks on ADUs
July 11, 2023 City Council adopts Ordinance No. 23-1462 October 15, 2024 Planning Commission recommends City Council approve Zone Text Amendment 24-03, thereby amending Chapter

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Meeting Date Description

17.21 of the Hermosa Beach Municipal Code Regarding
ADUs and JADUs
November 12, 2024 City Council approves Zone Text Amendment 24-03 and adopts an urgency ordinance
Analysis:

Zone Text Amendment 24-03 proposes to amend Chapter 17.21 of the City’s Zoning Ordinance to comply with AB 2533 and SB 1211, described as follows:

AB 2533—Unpermitted ADUs and JADUs
Subject to limited exceptions, existing state law prohibits a city from denying a permit to legalize an unpermitted ADU that was constructed before January 1, 2018, if the denial is based on the ADU not complying with applicable building, state, or local ADU standards.

One exception allows a city to deny a permit to legalize if the city makes a written finding that correcting the violation is necessary to protect the health and safety of the public or the occupants of the structure.

AB 2533 changes this by: (1) expanding the above prohibition to also include JADUs; (2) moving the construction-cutoff date from January 1, 2018, to January 1, 2020; and (3) replacing the above exception with a requirement that local agencies find that correcting the violation is necessary to comply with the standards specified in Health and Safety Code section 17920.3 (Substandard Buildings). (See amended Gov. Code, Section 66332(a)–(f).)
SB 1211—Replacement Parking Requirements; Multifamily ADUs Replacement Parking
Existing state law prohibits a city from requiring off-street parking spaces to be replaced when a garage, carport, or covered parking structure is demolished in conjunction with the construction of, or conversion to, an ADU.

SB 1211 amends this prohibition to now also prohibit a city from requiring replacement parking when an uncovered parking space is demolished for or replaced with an ADU. (See amended Gov. Code, Section 66314(d)(11).)
Multifamily ADUs
SB 1211 further defines livable space in connection with converted ADUs inside a multifamily dwelling structure. Existing state law requires a city to ministerially approve qualifying building-permit applications for ADUs within “portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages ….” The term “livable space” is not defined by existing state ADU law.

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SB 1211 changes this by adding a new definition: “‘Livable space’ means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.” (See amended Gov. Code, Section 66313(e).) SB 1211 also increases the number of detached ADUs that lots with an existing multifamily dwelling can have. Existing state law allows a lot with an existing or proposed multifamily dwelling to have up to two detached ADUs.

Under SB 1211, a lot with an existing multifamily dwelling can have up to eight detached ADUs, or as many detached ADUs as there are primary dwelling units on the lot, whichever is less. (See amended Gov. Code, Section 66323(a)(4)(A)(ii).) SB 1211 does not alter the number of ADUs that a lot with a proposed multifamily dwelling can have— the limit remains at two. (See amended Gov. Code, Section 66323(a)(4).) Both AB 2533 and SB 1211 take effect January 1, 2025. To remain valid, the City’s ADU ordinance must comply with requirements imposed by AB 2533 and SB 1211. Adopting the proposed ordinance (Exhibit A to Attachment 1) ensures that the City’s ADU ordinance will be valid under AB 2533 and SB 1211.

Other Proposed Accessory Dwelling Unit Ordinance Updates In reviewing development proposals, staff has encountered common challenges to developing Accessory Dwelling Units in Hermosa Beach under standards largely set by the State legislature. To simplify the code and continue to encourage the development of Accessory Dwelling Units in the City in accordance with the City’s certified Housing Element, staff proposes several areas of increased flexibility for Accessory Dwelling Units, as follows:
1) Building Separation—Defer to Building Code. (Section 17.21.050 (B)) Currently, City regulations require an 8-foot separation in the Single-Family Residential (R-1) zone and Multiple-Family Residential (R-3) zones between any buildings used for human habitation. Meanwhile the separation is 6 feet in the Two Family Residential (R-2) and Limited Multiple-Family Residential (R-2B) zones.

ADU regulations presented by State law relate less to zones and are designed to encourage more ADUs whenever possible. As such, staff recommends including a specific provision in Chapter 17.21 to allow building separation between ADUs and another habitable structure to be designed in accordance with the Building Code. Traditional residential construction methods would typically require a 6-foot building separation.
2) Increase height limit/allowance for detached ADUs (Section 17.21.040 (B)) The existing height limit for detached ADUs is 16 feet, with an 18-foot height limit allowed when location within one-half mile walking distance of a major transit stop or a high-quality transit corridor. An additional two-feet of height is allowed to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the

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primary dwelling unit. Given that the City’s adopted goals and policies include having clear, unambiguous standards, and policies to encourage ADUs, staff proposed simplifying the height limit to a maximum of 20 feet for detached ADUs.

Although the 20-foot height proposed for detached ADUs remained lower than the established building height maximum in any residential zone, which is either 25 feet or 30 feet, it was not recommended for approval by the Planning Commission.

However, at its November 12, 2024 meeting, the City Council incorporated this change in height for detached ADUs into the approval of Zone Text Amendment 24-03.

General Plan Consistency:

PLAN Hermosa, the City’s General Plan, was adopted by the City Council in August 2017.

The Housing Element, which is a component of the General Plan was adopted separately on August 8, 2023 and certified by the California Housing and Community Development Department on August 1, 2024. The Zone Text Amendment supports several PLAN Hermosa goals and policies listed below.

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

Policy
 5.3 Clear regulations. Establish clear, unambiguous regulations and policies to clearly communicate the City’s expectations for new development.

The zone text amendment would align the City’s zoning ordinance with state law and promote the policy of establishing clear regulations and policies.

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

Policies
 2.3 Balanced neighborhoods. Promote a diverse range of housing unit types and sizes within the allowed densities.
 2.6 Diversity of building types and styles. Encourage a diversity of building types and styles in areas designated for multi-family housing, ranging from duplex/triplex/fourplex to courtyard housing to multi-housing projects.

The proposed zone text amendment aligns with the policies to encourage a diversity of housing options by providing opportunities for ADUs and JADUs in conformance with state law.

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Housing Element
Issue Area 2. New Affordable Housing
 Policy 2.1 The City will continue to promote the development of a variety of housing types and styles to meet the existing and projected housing  Policy 2.2 The City will continue to encourage the development of safe, sound, and decent housing to meet the needs of varying income groups.  Policy 2.6 The City will encourage the addition of ADU and JADU units as a strategy to provide new housing units for low- and moderate-income households.

Accessory Dwelling Unit Program—establishes the City will review new legislation each year and update ADU regulations as necessary to ensure conformance with state law. In addition, it establishes the City’s commitment to:
 Facilitate the development of 95 ADUs over the eight-year planning period, over the RHNA projection of 64 ADUs.

The proposed zone text amendment is a direct response to the review of current legislation. These changes provide clear standards and appropriate flexibility to encourage and facilitate the construction of ADUs and JADUs in full alignment with state law and the City’s certified Housing Element.

Environmental Review:

Under California Public Resources Code Section 21080.17, CEQA does not apply to the adoption of an ordinance by a city or cunty implementing the provisions of Article 2 of Chapter 12 of Division 1 of Tite 7 of the Government Code, which is California’s ADU law and which also regulates JADUS, ad defined by Section 66313. Therefore, adopting the proposed ordinance is statutorily exempt from CEQA because it implements state ADU law.

Public Notification:

For the January 14, 2025 City Council meeting, a legal ad is not required. A legal ad was published in the Easy Reader on October 31, 2024 for the November 12, 2024 City Council meeting. As of the writing of the report, staff received no public comments.

Fiscal Impact:

There is no fiscal impact associated with the recommended action.

Attachments:

1. Draft Ordinance

2. Senate Bill 1211 (Chaptered)

3. Assembly Bill 2533 (Chaptered)

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Respectfully Submitted by: Alexis Oropeza, Planning Manager Noted for Fiscal Impact: Brandon Walker, Administrative Services Director Legal Review: Patrick Donegan, City Attorney
Reviewed by: Angela Crespi, Deputy City Manager
Approved: Suja Lowenthal, City Manager

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CITY OF HERMOSA BEACH
ORDINANCE NO. ORD-25-XX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING CHAPTER 17.21 OF THE HERMOSA

BEACH MUNICIPAL CODE REGARDING ACCESSORY DWELLING UNITS

AND JUNIOR ACCESSORY DWELLING UNITS TO COMPLY WITH RECENT

CHANGES IN STATE LAW AND DETERMINE THE PROJECT IS EXEMPT

UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
PURSUANT TO SECTION 21080.17 OF THE CALIFORNIA PUBLIC
RESOURCES CODE.

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

SECTION 1. Senate Bill 1211 and Assembly Bill 2533 were approved by the State Legislature and governor during the 2023-2024 legislative cycle; and The City Council held a duly noticed public hearing on June 13, 2023 to consider a text amendment to Hermosa Beach Municipal Code Chapter 17.21 as described in the proposed ordinance attached as Exhibit A.

SECTION 2. staff has determined the need to clarify several other provisions of Accessory Dwelling Unit regulations to encourage development of ADUs, including amending the height limit for detached ADUs and clarification of building separation regulations for ADUs; and
SECTION 3. the Planning Commission held a duly noticed public hearing on October 15, 2024 to consider a text amendment to Hermosa Beach Municipal Code Chapter 17.21; and
SECTION 4. the proposed project is exempt from the California Environmental Quality Act (CEQA) under Public Resources Code Section 21080.1, CEQA does not apply to the adoption of an ordinance by a city or county implementing the provisions of Article 2 of Chapter 13 of Division 1 of Title 7 of the Government Code, which is California’s ADU law. Therefore, the proposed ordinance implements state accessory dwelling unit law.

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SECTION 5. The City Council finds the proposed amendments are consistent with the City’s General Plan. The ordinance will also comply with State requirements. The amendments will not impede the City’s ability to meet its General Plan goals, and the amendments are necessary to carry out the purposes of the Zoning Ordinance, including the orderly planned use of land resources.

SECTION 6. The City Council finds that there is a need to amend the Municipal Code with the following modifications in order to provide necessary clarification and flexibility in administering the Hermosa Beach Municipal Code Chapter 17.21.

SECTION 7. Section 17.21.010 (Purpose) of Title 17 (Zoning) of the Hermosa Beach Municipal Code is hereby amended as follows:

The purpose of this section is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with Chapter 13 of Division 1 of Title 7 of the California Government Code.

SECTION 8. Section 17.21.020 (Effect of Conforming) of Title 17 (Zoning) of the Hermosa Beach Municipal Code is hereby amended as follows:

An ADU or JADU that conforms to the standards in this section will not be:

A. Deemed to be inconsistent with the city's general plan and zoning designation for the lot on which the ADU or JADU is located.

B. Deemed to exceed the allowable density for the lot on which the ADU or JADU is located.

C. Considered in the application of any local ordinance, policy, or program to limit residential growth.

D. Required to correct a nonconforming zoning condition, as defined in 17.21.025. This does not prevent the city from enforcing compliance with applicable building standards in accordance with Health and Safety Code section 17980.12.

SECTION 9. Section 17.21.025 remains unchanged.

SECTION 10. Section 17.21.030 (Approval of ADUs and JADUs) of Title 17 (Zoning) of the Hermosa Beach Municipal Code is hereby amended as follows:

The following approvals apply to ADUs and JADUs under this Chapter:

A. Building-permit Only. If an ADU or JADU complies with each of the general requirements in section 17.21.040 below, it is allowed with only a building permit in the following scenarios:

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1. Converted on Single-family Lot: One ADU as described in this subsection (A) (1) and one JADU (or a second ADU in lieu of the JADU) on a lot with a proposed or existing single-family dwelling on it, where the ADU or JADU (or a second ADU in lieu of the JADU):
a. Is either: within the space of a proposed single-family dwelling; within the existing space of an existing single-family dwelling; or (in the case of an ADU only) within the existing space of an accessory structure (including garage), plus up to 150 additional square feet if the expansion is limited to accommodating ingress and egress; and
b. Has exterior access that is independent of that for the single-family dwelling; and
c. Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes.
d. The JADU complies with the requirements of Government Code sections 66333 through 66339.

2. Limited Detached on Single-family Lot: One detached, new-construction ADU on a lot with a proposed or existing single-family dwelling (in addition to any JADU that might otherwise be established on the lot under subsection (A)(1) above), if the detached ADU satisfies each of the following limitations:
a. The side- and rear-yard setbacks are at least four feet. b. The total floor area is 800 square feet or smaller.
c. The peak height above grade does not exceed the applicable height limit in 17.21.040 (B) below.

3. Converted on Multifamily Lot: One or more ADUs within portions of existing multifamily dwelling structures that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted ADU complies with state building standards for dwellings. Under this subsection at least one converted ADU is allowed within an existing multifamily dwelling, up to a quantity equal to 25 percent of the existing multifamily dwelling units.

4. Limited Detached on Multifamily Lot: No more than two detached ADUs on a lot with a proposed multifamily dwelling, or up to eight detached ADUs on a lot with an existing multifamily dwelling, if each detached ADU satisfies all of the following:

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a. The side- and rear-yard setbacks are at least four feet. If the existing multifamily dwelling has a rear or side yard setback of less than four feet, the city will not require any modification to the multifamily dwelling as a condition of approving the ADU.
b. The peak height above grade does not exceed the applicable height limit provided in 17.21.040 (B) below.
c. If the lot has an existing multifamily dwelling, the quantity of detached ADUs does not exceed the number of primary dwelling units on the lot, or eight detached ADUs, whichever is less.

B. ADU Permit.

1. Except as allowed under section 17.21.030 (A), no ADU may be created without a building permit and an ADU permit in compliance with the standards set forth in sections 17.21.040 and 17.21.050.

2. The city may charge a fee to reimburse it for costs incurred in processing ADU permits, including the costs of adopting or amending the city's ADU ordinance.

The ADU-permit processing fee is determined by the community development director and approved by the city council by resolution.

C. Process and Timing.

1. An ADU permit is considered and approved ministerially, without discretionary review or a hearing.

2. The city must approve or deny an application to create an ADU or JADU within 60 days from the date that the city receives a completed application. If the city has not approved or denied the completed application within 60 days, the application is deemed approved unless either:
a. The applicant requests a delay, in which case the 60-day time period is tolled for the period of the requested delay, or
b. When an application to create an ADU or JADU is submitted with a permit application to create a new single-family or multifamily dwelling on the lot, the city may delay acting on the permit application for the ADU or JADU until the city acts on the permit application to create the new single-family or multifamily dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing.

3. If the city denies an application to create an ADU or JADU, the city must provide the applicant with comments that include, among other things, a list of all the defective or deficient items and a description of how the application may be

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remedied by the applicant. Notice of the denial and corresponding comments must be provided to the applicant within the 60-day time period established by subsection (C)(2) above.

4. A demolition permit for a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the same time.

SECTION 11. Section 17.21.040 (General ADU and JADU Requirements and Development Standards) of Title 17 (Zoning) of the Hermosa Beach Municipal Code is hereby amended as follows:

The following requirements apply to all ADUs and JADUs that are approved under section

17.21.030(A) and (B)above.

A. Zoning.

1. An ADU or JADU subject only to a building permit under section 17.21.030(A) may be created on a lot in a residential or mixed-use zone.

2. An ADU or JADU subject to an ADU permit under section 17.21.030(B) may be created on a lot that is zoned to allow single-family dwelling residential use or multifamily dwelling residential use.

In accordance with Government Code section 66333(a), a JADU may only be created on a lot zoned for single-family residences.

B. Height.

1. Except as otherwise provided by subsections (B) (2) and (B) (3) below, a detached ADU created on a lot with an existing or proposed single family or multifamily dwelling unit may not exceed 20 feet in height.

2. A detached ADU created on a lot with an existing or proposed multifamily dwelling that has more than one story above grade may not exceed 18 feet in height.

3. An ADU that is attached to the primary dwelling may not exceed the height limitation imposed by the underlying zone that applies to the primary dwelling, unless it is a conversion of existing space within an existing nonconforming structure that exceeds the height of the underlying zone.

4. For purposes of this subsection, height is measured Pursuant to Measuring Building Height, Chapter 17.46.

C. Fire Sprinklers.

1. Fire sprinklers are required in an ADU if sprinklers are required in the primary residence.

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2. The construction of an ADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.

D. Rental Term. No ADU or JADU may be rented for a term that is shorter than 30 days. This prohibition applies regardless of when the ADU or JADU was created.

E. No Separate Conveyance. An ADU or JADU may be rented, but, except as otherwise provided in Government Code section 66341, no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a multifamily lot).

F. Owner Occupancy.

1. ADUs created under this section on or after January 1, 2020 are not subject to an owner-occupancy requirement.

2. As required by state law, all JADUs are subject to an owner-occupancy requirement.

A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person's legal domicile and permanent residence. However, the owner-occupancy requirement in this subsection does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization.

G. Deed Restriction. Prior to issuance of a certificate of occupancy for an ADU or JADU, a deed restriction must be recorded against the title of the property in the County Recorder's office and a copy filed with the community development director. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the city and must provide that:

1. Except as otherwise provided in Government Code section 66341, the ADU or JADU may not be sold separately from the primary dwelling.

2. The ADU or JADU is restricted to the approved size and to other attributes allowed by this section.

3. The deed restriction runs with the land and may be enforced against future property owners.

4. The deed restriction may be removed if the owner eliminates the ADU or JADU, as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request of the Director, providing evidence that the ADU or JADU has in fact been eliminated. The Director may then determine whether the evidence supports the claim that the ADU or JADU has been eliminated.

Appeal may be taken from the Director’s determination consistent with other provisions of this Code. If the ADU or JADU is not entirely physically removed, but is only eliminated by virtue of having a necessary component of an ADU or JADU

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removed, the remaining structure and improvements must otherwise comply with applicable provisions of this Code.

5. The deed restriction is enforceable by the director or his or her designee for the benefit of the city. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the city is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the ADU or JADU in violation of the recorded restrictions or abatement of the illegal unit.

H. Rent Reporting. In order to facilitate the city’s obligation to identify adequate sites for housing in accordance with Government Code sections 65583.1 and 66330, the following requirements must be satisfied:

1. With the building-permit application, the applicant must provide the city with an estimate of the projected annualized rent that will be charged for the ADU or JADU.

2. Within 90 days after each January 1 following issuance of the building permit, the owner must report the actual rent charged for the ADU or JADU during the prior year. If the city does not receive the report within the 90-day period, the owner is in violation of this Code, and the city may send the owner a notice of violation and allow the owner another 30 days to submit the report. If the owner fails to submit the report within the 30-day period, the city may enforce this provision in accordance with applicable law.

I. Building & Safety.

1. Must comply with building code. Subject to subsection (l)(2), all ADUs and JADUs must comply with all local building code requirements.

No change of occupancy. Construction of an ADU does not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code, unless the building official or Code Enforcement officer makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety. Nothing in this subsection prevents the city from changing the occupancy code of a space that was uninhabitable space or that was only permitted for nonresidential use and was subsequently converted for residential use in accordance with this section.

SECTION 12. Section 17.21.050 (Specific Requirements for ADU Permit) of Title 17 (Zoning) of the Hermosa Beach Municipal Code is hereby amended as follows:

In addition to the requirements in Section 17.21.040, the following requirements apply only to ADUs that require an ADU permit under section 17.21.030(B).

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A. Maximum Size.

1. The maximum size of a detached or attached ADU subject to this section is 850 square feet for a studio or one-bedroom unit and 1,000 square feet for a unit with two or more bedrooms.

2. An attached ADU that is created on a lot with an existing primary dwelling is further limited to 50 percent of the floor area of the existing primary dwelling.

3. Application of other development standards in this section or any other section, might further limit the size of the ADU, but no application of the percent-based size limit in this section or other section or front setback, lot coverage limit, or open-space requirement may require the ADU to be less than 800 square feet.

B. Setbacks and Building Separation.

1. An ADU that is subject to this section must conform to a 25-foot front-yard setback, subject to subsection (A) above.

2. An ADU that is subject to this section must conform to 4-foot side-and rear-yard setbacks.

3. Building separation between a proposed ADU and another primary structure shall comply with California Building Code standards, as amended by the City.

4. No setback is required for an ADU that is subject to this section if the ADU is constructed in the same location and to the same dimensions as an existing structure.

C. Lot Coverage. No ADU subject to this section may cause the total lot coverage of the lot to exceed whatever applicable standard exists based on the zone in which it is was located subject to subsection (A) above.

D. Open Space. Unless restricted pursuant to other state or local law, the property in which the ADU is located upon shall comply with the open space requirements of the base zone subject to subsection (A) above.

E. Passageway. No passageway, as defined by section 17.21.025, is required for an ADU.

F. Parking.

1. Generally. One off-street parking space is required for each ADU. The parking space may be provided in setback areas or as tandem parking, as defined by section

17.21.025.

2. Exceptions. No parking under this subsection (F) is required in the following situations:
i. The ADU is located within one-half mile walking distance of public transit, as defined by section 17.21.025.

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ii. The ADU is located within an architecturally and historically significant historic district.
iii. The ADU is part of the proposed or existing primary residence or an accessory structure under section 17.21.030(A)(1).
iv. When on-street parking permits are required but not offered to the occupant of the ADU.
v. When there is an established car share vehicle stop located within one block of the ADU.
vi. When the permit application to create an ADU is submitted with an application to create a new single-family or new multifamily dwelling on the same lot, provided that the ADU or the lot satisfies any other criteria listed in this subsection (2).
vii. No Replacement. When a garage, carport, covered parking structure, or uncovered parking space is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces are not required to be replaced.

G. Architectural Requirements.

1. The materials and colors of the exterior walls, roof, and windows and doors must be the same as those of the primary dwelling.

2. The roof slope must match that of the dominant roof slope of the primary dwelling.

The dominant roof slope is the slope shared by the largest portion of the roof.

3. The exterior lighting must be limited to down-lights or as otherwise required by the building or fire code.

4. The ADU must have an independent exterior entrance, apart from that of the primary dwelling.

5. The interior horizontal dimensions of an ADU must be at least 10 feet wide in every direction, with a minimum interior wall height of seven feet.

6. No window or door of the ADU may have a direct line of sight to an adjoining residential property. Each window and door must either be located where there is no direct line of sight or screened using fencing, landscaping, or privacy glass to prevent a direct line of sight.

7. All windows and doors in an ADU less than 30 feet from a property line that is not a public right-of-way line must either be (for windows) clerestory with the bottom of the glass at least six feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass.

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Historical Protections. An ADU that is on or within 600 feet of real property that is listed in the California Register of Historic Resources must be located so as to not be visible from any public right-of-way.

SECTION 13. Section 17.21.060 (Fees) of Title 17 (Zoning) of the Hermosa Beach Municipal Code is hereby amended as follows:

The following requirements apply to all ADUs that are approved under section 17.21.030(A) & (B).

A. Impact Fees.

1. No impact fee is required for an ADU that is less than 750 square feet in size. For purposes of this subsection impact fee” means a “fee” under the Mitigation Fee Act (Gov. Code § 66000(b)) and a fee under the Quimby Act (Gov. Code § 66477). “Impact fee” here does not include any connection fee or capacity charge for water or sewer service.

2. Any impact fee that is required for an ADU that is 750 square feet or larger in size must be charged proportionately in relation to the square footage of the primary dwelling unit. (E.g., the floor area of the ADU, divided by the floor area of the primary dwelling, times the typical fee amount charged for a new dwelling.) B. Utility Fees.

1. If an ADU is constructed with a new single-family home, a separate utility connection directly between the ADU and the utility and payment of the normal connection fee and capacity charge for a new dwelling are required.

2. Except as described in subsection (B)(1), converted ADUs on a single-family lot that are created under section 17.21.030(A), are not required to have a new or separate utility connection directly between the ADU and the utility. Nor is a connection fee or capacity charge required.

3. Except as described in subsection (B)(1), all ADUs that are not covered by subsection (B) (2) require a new, separate utility connection directly between the ADU and the utility for any utility that is provided by the city. All utilities that are not provided by the city are subject to the connection and fee requirements of the utility provider. i. The connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the ADU based on either the floor area or the number of drainage-fixture units (DFU) values, as defined by the Uniform Plumbing Code, upon the water or sewer system.

The portion of the fee or charge that is charged by the city may not exceed the reasonable cost of providing this service.

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SECTION 14. Section 17.21.070 (Nonconforming Zoning Code Conditions, Building Code Violations, and Unpermitted Structures.) of Title 17 (Zoning) of the Hermosa Beach Municipal Code is hereby amended as follows:

A. Generally. The City will not deny an ADU or JADU application due to a nonconforming zoning condition, building code violation, or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the ADU or JADU.

B. Unpermitted ADUs and JADUs constructed before 2020.

1. Permit to Legalize. As required by state law, the city may not deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020, if denial is based on either of the following grounds:
i. The ADU or JADU violates applicable building standards, or ii. The ADU or JADU does not comply with state ADU or JADU law or this ADU ordinance (Chapter 17.21).

2. Exceptions:
i. Notwithstanding subsection (B)(1) above, the city may deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020, if the city makes a finding that correcting a violation is necessary to comply with the standards specified in California Health and Safety Code section 17920.3.
ii. Subsection (B)(1) above does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code section 17920.3.

SECTION 15. Section 17.21.080 remains unchanged.

SECTION 16.Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision will not affect the validity of the remainder of this ordinance. The City Council hereby declares that it would have adopted this ordinance, and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof is declared invalid or unconstitutional.

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SECTION 17. Effective Date. This Ordinance shall take effect thirty (30) days after its passage and adoption pursuant to California Government Code section 36937.

SECTION 18.Certification. The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City’s book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law.

PASSED, APPROVED, and ADOPTED on this 14th day of January 2025.

Mayor Dean Francois
PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, CA ATTEST: APPROVED AS TO FORM:
______________________________ ____________________________ Reanna Guzman Patrick Donegan
Acting City Clerk City Attorney

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Senate Bill No. 1211
CHAPTER 296
An act to amend Sections 66313, 66314, and 66323 of the Government Code, relating to land use. [ Approved by Governor September 19, 2024. Filed with Secretary of State September 19, 2024. ]

LEGISLATIVE COUNSEL'S DIGEST
SB 1211, Skinner. Land use: accessory dwelling units: ministerial approval.

Existing law, the Planning and Zoning Law, authorizes a local agency, by ordinance, to provide for the creation of accessory dwelling units (ADUs) in areas zoned for residential use, as specified. That law prohibits, if a local agency adopts an ordinance to create ADUs in those zones, the local agency from requiring the replacement of offstreet parking spaces if a garage, carport, or covered parking structure is demolished in conjunction with the construction of, or is converted to, an ADU.

This bill would also prohibit the local agency from requiring the replacement of offstreet parking spaces if an uncovered parking space is demolished in conjunction with the construction of, or is converted to, an ADU.

Existing law requires ministerial approval of ADUs, as specified. Under existing law, a local agency is also required to ministerially approve an application for a building permit within a residential or mixed-use zone to create any of specified variations of ADUs. Existing law imposes various requirements and restrictions on a local agency in connection with the ministerial approval of an application for a building permit for an ADU under these specified variations.

This bill would prohibit a local agency from imposing any objective development or design standard that is not authorized by these provisions upon any ADU that meets the requirements of any of the specified variations.

Under existing law, one of the above-described variations requires a local agency to ministerially approve a certain number of multiple ADUs within the portion of existing multifamily dwelling structures that are not used as livable space if each unit complies with state building standards for dwellings.

This bill would define “livable space” for purposes of the provisions governing ADUs to mean a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.

Under existing law, another one of the above-described variations requires a local agency to ministerially approve not more than 2 ADUs that are located on a lot that has an existing or proposed multifamily dwelling, but are detached from that dwelling, and are subject to a height limitation and rear yard and side setbacks, as specified.

This bill would instead authorize, under that variation, up to 8 detached ADUs to be created on a lot with an existing multifamily dwelling, provided that the number of ADUs does not exceed the number of existing units on the lot, and up to 2 detached ADUs on a lot with a proposed multifamily dwelling.

By imposing new duties on local governments with respect to the approval of accessory dwelling units, the bill would impose a state-mandated local program.
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The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Digest Key
Vote: majority Appropriation: no Fiscal Committee: yes Local Program: yes Bill Text

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS
FOLLOWS:

SECTION 1. Section 66313 of the Government Code is amended to read:
66313. For purposes of this chapter:
(a) “Accessory dwelling unit” means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes the following:
(1) An efficiency unit.
(2) A manufactured home, as defined in Section 18007 of the Health and Safety Code. (b) “Accessory structure” means a structure that is accessory and incidental to a dwelling located on the same lot.
(c) “Efficiency unit” has the same meaning as defined in Section 17958.1 of the Health and Safety Code. (d) “Junior accessory dwelling unit” means a unit that is no more than 500 square feet in size and contained entirely within a single-family residence. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure. (e) “Livable space” means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.
(f) “Living area” means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.
(g) “Local agency” means a city, county, or city and county, whether general law or chartered. (h) “Nonconforming zoning condition” means a physical improvement on a property that does not conform to current zoning standards.
(i) “Objective standards” means standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. 10/9/24, 3:20 PM California-2023-SB1211-Chaptered
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(j) “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit.
(k) “Permitting agency” means any entity that is involved in the review of a permit for an accessory dwelling unit or junior accessory dwelling unit and for which there is no substitute, including, but not limited to, applicable planning departments, building departments, utilities, and special districts. (l) “Proposed dwelling” means a dwelling that is the subject of a permit application and that meets the requirements for permitting.
(m) “Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.
(n) “Tandem parking” means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.

SEC. 2. Section 66314 of the Government Code is amended to read:
66314. A local agency may, by ordinance, provide for the creation of accessory dwelling units in areas zoned to allow single-family or multifamily dwelling residential use. The ordinance shall do all of the following:
(a) Designate areas within the jurisdiction of the local agency where accessory dwelling units may be permitted.

The designation of areas may be based on the adequacy of water and sewer services and the impact of accessory dwelling units on traffic flow and public safety. A local agency that does not provide water or sewer services shall consult with the local water or sewer service provider regarding the adequacy of water and sewer services before designating an area where accessory dwelling units may be permitted. (b) (1) Impose objective standards on accessory dwelling units that include, but are not limited to, parking, height, setback, landscape, architectural review, maximum size of a unit, and standards that prevent adverse impacts on any real property that is listed in the California Register of Historical Resources. These standards shall not include requirements on minimum lot size.
(2) Notwithstanding paragraph (1), a local agency may reduce or eliminate parking requirements for any accessory dwelling unit located within its jurisdiction. (c) Provide that accessory dwelling units do not exceed the allowable density for the lot upon which the accessory dwelling unit is located, and that accessory dwelling units are a residential use that is consistent with the existing general plan and zoning designation for the lot. (d) Require the accessory dwelling units to comply with all of the following:
(1) Except as provided in Article 4 (commencing with Section 66340), the accessory dwelling unit may be rented separate from the primary residence, but shall not be sold or otherwise conveyed separate from the primary residence.
(2) The lot is zoned to allow single-family or multifamily dwelling residential use and includes a proposed or existing dwelling.
(3) The accessory dwelling unit is either attached to, or located within, the proposed or existing primary dwelling, including attached garages, storage areas or similar uses, or an accessory structure or detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling, including detached garages.
(4) If there is an existing primary dwelling, the total floor area of an attached accessory dwelling unit shall not exceed 50 percent of the existing primary dwelling.
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(5) The total floor area for a detached accessory dwelling unit shall not exceed 1,200 square feet. (6) No passageway shall be required in conjunction with the construction of an accessory dwelling unit. (7) No setback shall be required for an existing living area or accessory structure or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit, and a setback of no more than four feet from the side and rear lot lines shall be required for an accessory dwelling unit that is not converted from an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure.
(8) Local building code requirements that apply to detached dwellings, except that the construction of an accessory dwelling unit shall not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code (Title 24 of the California Code of Regulations), unless the building official or enforcement agency of the local agency makes a written finding based on substantial evidence in the record that the construction of the accessory dwelling unit could have a specific, adverse impact on public health and safety. Nothing in this paragraph shall be interpreted to prevent a local agency from changing the occupancy code of a space that was unhabitable space or was only permitted for nonresidential use and was subsequently converted for residential use pursuant to this article. (9) Approval by the local health officer where a private sewage disposal system is being used, if required. (10) (A) Parking requirements for accessory dwelling units shall not exceed one parking space per accessory dwelling unit or per bedroom, whichever is less. These spaces may be provided as tandem parking on a driveway.
(B) Offstreet parking shall be permitted in setback areas in locations determined by the local agency or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions. (C) This subparagraph shall not apply to an accessory dwelling unit that is described in Section 66322. (11) When a garage, carport, covered parking structure, or uncovered parking space is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, the local agency shall not require that those offstreet parking spaces be replaced. (12) Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence. The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling. (e) Require that a demolition permit for a detached garage that is to be replaced with an accessory dwelling unit be reviewed with the application for the accessory dwelling unit and issued at the same time. (f) An accessory dwelling unit ordinance shall not require, and the applicant shall not be otherwise required, to provide written notice or post a placard for the demolition of a detached garage that is to be replaced with an accessory dwelling unit, unless the property is located within an architecturally and historically significant historic district.

SEC. 3. Section 66323 of the Government Code is amended to read:
66323. (a) Notwithstanding Sections 66314 to 66322, inclusive, a local agency shall ministerially approve an application for a building permit within a residential or mixed-use zone to create any of the following:
(1) One accessory dwelling unit and one junior accessory dwelling unit per lot with a proposed or existing single-family dwelling if all of the following apply:
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(A) The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a singlefamily dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress.
(B) The space has exterior access from the proposed or existing single-family dwelling. (C) The side and rear setbacks are sufficient for fire and safety. (D) The junior accessory dwelling unit complies with the requirements of Article 3 (commencing with Section 66333).
(2) One detached, new construction, accessory dwelling unit that does not exceed four-foot side and rear yard setbacks for a lot with a proposed or existing single-family dwelling. The accessory dwelling unit may be combined with a junior accessory dwelling unit described in paragraph (1). A local agency may impose the following conditions on the accessory dwelling unit:
(A) A total floor area limitation of not more than 800 square feet. (B) A height limitation as provided in subparagraph (A), (B), or (C) of paragraph (4) of subdivision (b) of Section 66321, as applicable.
(3) (A) Multiple accessory dwelling units within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings. (B) A local agency shall allow at least one accessory dwelling unit within an existing multifamily dwelling and shall allow up to 25 percent of the existing multifamily dwelling units. (4) (A) (i) Multiple accessory dwelling units, not to exceed the number specified in clause (ii) or (iii), as applicable, that are located on a lot that has an existing or proposed multifamily dwelling, but are detached from that multifamily dwelling and are subject to a height limitation in subparagraph (A), (B), or (C) of paragraph (4) of subdivision (b) of Section 66321, as applicable, and rear yard and side setbacks of no more than four feet.
(ii) On a lot with an existing multifamily dwelling, not more than eight detached accessory dwelling units. However, the number of accessory dwelling units allowable pursuant to this clause shall not exceed the number of existing units on the lot.
(iii) On a lot with a proposed multifamily dwelling, not more than two detached accessory dwelling units.
(B) If the existing multifamily dwelling has a rear or side setback of less than four feet, the local agency shall not require any modification of the existing multifamily dwelling as a condition of approving the application to construct an accessory dwelling unit that satisfies the requirements of this paragraph. (b) A local agency shall not impose any objective development or design standard that is not authorized by this section upon any accessory dwelling unit that meets the requirements of any of paragraphs (1) to (4), inclusive, of subdivision (a).
(c) A local agency shall not require, as a condition for ministerial approval of a permit application for the creation of an accessory dwelling unit or a junior accessory dwelling unit, the correction of nonconforming zoning conditions.
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(d) The installation of fire sprinklers shall not be required in an accessory dwelling unit if sprinklers are not required for the primary residence. The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing multifamily dwelling. (e) A local agency shall require that a rental of the accessory dwelling unit created pursuant to this section be for a term longer than 30 days.
(f) A local agency may require, as part of the application for a permit to create an accessory dwelling unit connected to an onsite wastewater treatment system, a percolation test completed within the last five years, or, if the percolation test has been recertified, within the last 10 years. (g) Notwithstanding Section 66321 and subdivision (a) a local agency that has adopted an ordinance by July 1, 2018, providing for the approval of accessory dwelling units in multifamily dwelling structures shall ministerially consider a permit application to construct an accessory dwelling unit that is described in subdivision (a), and may impose objective standards including, but not limited to, design, development, and historic standards on said accessory dwelling units. These standards shall not include requirements on minimum lot size.

SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
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SHARE THIS: Date Published: 09/30/2024 09:00 PM
AB-2533 Accessory dwelling units: junior accessory dwelling units: unpermitted developments. (2023-2024)
Assembly Bill No. 2533
CHAPTER 834
An act to amend Section 66332 of the Government Code, relating to land use. [ Approved by Governor September 28, 2024. Filed with Secretary of State September 28, 2024. ]

LEGISLATIVE COUNSEL'S DIGEST
AB 2533, Juan Carrillo. Accessory dwelling units: junior accessory dwelling units: unpermitted developments.

Existing law, the Planning and Zoning Law, authorizes a local agency, by ordinance or ministerial approval, to provide for the creation of accessory dwelling units in areas zoned for residential use, as specified. Existing law prohibits a local agency from denying a permit for an unpermitted accessory dwelling unit that was constructed before January 1, 2018, because the accessory dwelling unit is in violation of building standards or state or local standards applicable to accessory dwelling units, unless the local agency makes a finding that correcting the violation is necessary to protect the health and safety of the public or the occupants of the structure. Existing law makes those provisions inapplicable to a substandard building, as specified.

This bill would instead prohibit a local agency from denying a permit for an unpermitted accessory dwelling unit or junior accessory dwelling unit that was constructed before January 1, 2020, for those violations, unless the local agency makes a finding that correcting the violation is necessary to comply with conditions that would otherwise deem a building substandard. The bill would require a local agency to inform the public about the provisions prohibiting denial of a permit for an unpermitted accessory dwelling unit or junior accessory dwelling unit. The bill would require this information to include a checklist of the conditions that deem a building substandard and to inform homeowners that, before submitting a permit application, the homeowner may obtain a confidential third-party code inspection from a licensed contractor. The bill would prohibit a local agency from requiring a homeowner to pay impact fees or connection or capacity charges except under specified circumstances. By imposing additional duties on local agencies, the bill would impose a state-mandated local program. The bill would authorize an inspector from a local agency, upon receiving an application for a permit for a previously unpermitted accessory dwelling unit or junior accessory dwelling unit constructed before January 1, 2020, to inspect the unit for compliance with health and safety standards and provide recommendations to comply with health and safety standards. The bill would prohibit the local agency from penalizing an applicant for having the unpermitted accessory dwelling unit and would require the local agency to approve necessary permits to correct noncompliance with health and safety standards.

Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites 10/9/24, 3:21 PM Bill Text - AB-2533 Accessory dwelling units: junior accessory dwelling units: unpermitted developments. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202320240AB2533 1/2

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This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Vote: majority Appropriation: no Fiscal Committee: yes Local Program: yes THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. Section 66332 of the Government Code is amended to read:
66332. (a) Notwithstanding any other law, and except as otherwise provided in subdivision (b), a local agency shall not deny a permit for an unpermitted accessory dwelling unit or unpermitted junior accessory dwelling unit that was constructed before January 1, 2020, due to either of the following:
(1) The accessory dwelling unit or junior accessory dwelling unit is in violation of building standards pursuant to Article 1 (commencing with Section 17960) of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code.
(2) The accessory dwelling unit or junior accessory dwelling unit does not comply with this article or Article 3 (commencing with Section 66333), as applicable, or any local ordinance regulating accessory dwelling units or junior accessory dwelling units.
(b) Notwithstanding subdivision (a), a local agency may deny a permit for an accessory dwelling unit or junior accessory dwelling unit subject to subdivision (a) if the local agency makes a finding that correcting the violation is necessary to comply with the standards specified in Section 17920.3 of the Health and Safety Code. (c) This section shall not apply to a building that is deemed substandard pursuant to Section 17920.3 of the Health and Safety Code.
(d) A local agency shall inform the public about the provisions of this section through public information resources, including permit checklists and the local agency’s internet website, which shall include both of the following:
(1) A checklist of the conditions specified in Section 17920.3 of the Health and Safety Code that would deem a building substandard.
(2) Informing homeowners that, before submitting an application for a permit, the homeowner may obtain a confidential third-party code inspection from a licensed contractor to determine the unit’s existing condition or potential scope of building improvements before submitting an application for a permit. (e) A homeowner applying for a permit for a previously unpermitted accessory dwelling unit or junior accessory dwelling unit constructed before January 1, 2020, shall not be required to pay impact fees or connection or capacity charges except when utility infrastructure is required to comply with Section 17920.3 of the Health and Safety Code and when the fee is authorized by subdivision (e) of Section 66324. (f) Subject to subdivision (c), upon receiving an application to permit a previously unpermitted accessory dwelling unit or junior accessory dwelling unit constructed before January 1, 2020, an inspector from the local agency may inspect the unit for compliance with health and safety standards and provide recommendations to comply with health and safety standards necessary to obtain a permit. If the inspector finds noncompliance with health and safety standards, the local agency shall not penalize an applicant for having the unpermitted accessory dwelling unit or junior accessory dwelling unit and shall approve necessary permits to correct noncompliance with health and safety standards.

SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. 10/9/24, 3:21 PM Bill Text - AB-2533 Accessory dwelling units: junior accessory dwelling units: unpermitted developments. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202320240AB2533 2/2

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City of Hermosa Beach | Page 1 of 4
Meeting Date: January 14, 2025
Staff Report No. 25-CDD-011
Honorable Mayor and Members of the Hermosa Beach City Council

APPROVAL OF SECOND AMENDMENT TO AGREEMENT WITH CIVIC SOLUTIONS, INC. FOR ON-CALL STAFF AUGMENTATION SERVICES
CEQA: Determine that the approval is not a project under the California Environmental Quality Act (CEQA) or in the alternative, that the approval is exempt under CEQA. (Planning Manager Alexis Oropeza)
Recommended Action:

Staff recommends City Council:

1. Approve the proposed second amendment to an agreement with Civic Solutions, Inc. for staff augmentation services to increase the not-to-exceed amount by $34,680, resulting in a total not-to-exceed amount of $84,680 for the remainder of the two-year term ending June 30, 2026 (Attachment 3); and

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

Executive Summary:

At its September 24, 2024 meeting, City Council approved an amendment to an agreement with Civic Solutions, Inc. to increase the not-to-exceed limit to $50,000 to extend staff augmentation services for the Community Development Department due to on-going staff vacancies.

Staff requests approval of a second amendment to increase the not-to-exceed limit by an additional $34,680 resulting in a total not-to-exceed amount of $84,680 under the original two-year term ending June 30, 2026 (Attachment 3). The proposed second amendment would allow the City to continue using temporary staff augmentation services while recruitment efforts are underway.

Background:

To effectively serve residents, businesses, and the development community, the City must maintain adequate staffing levels. Any staff vacancy in a small community development department significantly impacts the delivery of essential services. Staff augmentation agreements are crucial to quickly meet temporary staffing needs, thereby ensuring continuous operations.

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City of Hermosa Beach | Page 2 of 4
On June 26, 2024, the City contracted Civic Solutions, Inc. with a not-to-exceed limit of $30,000 and a term ending June 30, 2026 for immediate on-call staff augmentation services (Attachment 1). Due to the limited availability of contract staff throughout the profession, Civic Solutions, Inc. is one of three firms that provided City planning and community development during these vacancies.

At its September 24, 2024 meeting, City Council approved the first amendment to increase the not-to-exceed compensation by $20,000 for a total not-to-exceed amount of $50,000 (Attachment 2).

Past Council Actions
Meeting Date Description
September 24, 2024 Council approved the first amendment to increase the notto-exceed compensation by $20,000 for a total not-toexceed amount of $50,000.

Discussion:

The Community Development Department has one Associate Planner position and two full-time Assistant Planner positions in its small planning division. Two of the three positions, one in each classification, were vacated mid-year within a week of one another.

Upon any pending vacancy, staff immediately begins the process of determining the need and availability of staff augmentation services to fulfill essential duties during the position evaluation and recruitment process. After assessing the workload, City staff solicited professional planning personnel from several firms to fulfill the duties of Assistant Planner and Associate Planner.

Despite streamlined recruitment efforts through the Hermosa Is Hiring initiative, the challenging labor market for city planners has resulted in protracted recruitment times. In the fall of 2024, the City extended offers to two candidates resulting in the onboarding of a new hire and promotion of an existing staff person. Due to the promotion, a second Assistant Planner vacancy occurred and a third candidate was offered an Assistant Planner position.

In mid-November, after initially accepting, the candidate withdrew their acceptance to take a position with a different municipality. The candidate cited the higher pay range and preferable holiday schedule as reasons for their withdrawal. In addition to the Assistant Planner vacancy, the Community Development Director position was vacated in midOctober 2024. In lieu of contracting an interim Community Development Director, the City Manager is currently serving in this capacity with support from the Planning Manager and Building Official.

In consideration of the additional demands on the Planning Manager during this time, the additional contract staff also assists with the day-to-day technical support of more junior

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City of Hermosa Beach | Page 3 of 4
planners. As a result of these vacancies and recruitment challenges, staff augmentation beyond the original anticipated timeframe is necessary to ensure continuity of planning services, including day-to-day land use expertise for planning staff and the public and management of development projects requiring Planning Commission review.

Civic Solutions, Inc. responded with capacity and qualified personnel to provide the requisite services consisting of one part-time contract staff person (16 hours per week, at a rate of $145 per hours or $2,320 per week) who has been serving the City since July 11, 2024. The Civic Solutions contract staff person, along with one-part time planner from CSG consultants (32 hours a week), are providing a total of 48 hours of temporary contract staffing per week to assist with the one full-time assistant planner vacancy and supplement the additional demands on the Planning Manager during the vacancy of the Community Development Director.

In consideration of the legal mandates for timely processing of applications and need for continuity of customer service to residents, property owners, and businesses, the City Manager determined that contract staffing should be continued with Civic Solutions Inc. and that the second amendment be brought forward to the City Council at the first opportunity in January 2025.

Staff requests approximately 18 additional weeks to: 1) cover 2.95 weeks ($6,840) of service provided in excess of the First Amendment until this item could be considered by the City Council; and 2) extend service an additional 12 weeks ($27,840) to allow for the recruitment and onboarding process to be concluded.

In total, staff requests an additional $34,680 to continue qualified professional services for approximately 18 additional weeks, or until the positions are filled. The increase would result in a total contract term of two years with a not-to-exceed limit of $84,680. The proposed amendment would allow the Community Development Department to maintain customer service, timely responsiveness, and advance development projects. If services are no longer needed before the estimated time, the contract balance would not be used.

The funding for contract staffing services would continue to be covered by salary savings within the department.

Environmental Review:

Pursuant to CEQA Guidelines Section 15378, City Council action on this item is not subject to environmental review under the California Environmental Quality Act because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, and falls within the “common sense” exemption set forth in CEQA Guidelines Section 15061(b)(3), excluding projects where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.”

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City of Hermosa Beach | Page 4 of 4
General Plan Consistency:

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

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

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

Fiscal Impact:

If approved, the agreement would have a total not-to-exceed amount of $84,680. Funding to support additional expenditures under the agreement would come from budgeted Prospective Expenditures in the FY 2024–25 Budget to cover the revised contract amount.

Agreement Modification Request
Agreement
Current
Authorized
Amount
Modified
Request
Amount
FY 2024-2025
Budget
Dept. Account #
Total Revised
Contract
Amount
Civic Solutions, Inc $30,000
$20,000
$20,808
$13,872
001-4101-4201
001-4201-4201
$50,808
$33,872
Total $50,000 $34,680 $84,680
Attachments:

1. Agreement with Civic Solutions, Inc.

2. First Amendment to Civic Solutions, Inc. Agreement

3. Proposed Second Amendment to Agreement with Civic Solutions, Inc.

Respectfully Submitted by: Alexis Oropeza, Planning Manager Reviewed by: Angela Crespi, Deputy City Manager
Noted for Fiscal Impact: Brandon Walker, Administrative Services Director Legal Review: Patrick Donegan, City Attorney
Approved: Suja Lowenthal, City Manager

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City of Hermosa Beach
Civic Center, 1315 Valley Drive, Hermosa Beach, CA 90254-3885

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CONTRACT FOR PROFESSIONAL SERVICES FOR STAFF AUGMENTATION BETWEEN THE CITY OF HERMOSA BEACH AND CIVIC SOLUTIONS, Inc.

This AGREEMENT is entered into this 26th day of June, 2024, by and between the CITY OF HERMOSA BEACH, a California general law city and municipal corporation (“CITY”) and Civic Solutions, Inc, a California corporation (“CONSULTANT”).

R E C I T A L S
A. The City desires to secure as needed staff augmentation services for the Community Development Department.

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

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

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

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

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

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

As additional consideration, CITY agrees to pay CONSULTANT a total of $30,000, for CONSULTANT’s services, unless otherwise specified by written amendment to this Agreement.

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

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

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

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.

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 DocuSign Envelope ID: 30D524F8-156C-4E6C-BC08-F82E166C3D5B

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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(s) assigned to perform work under this Agreement is George Buell. CONSULTANT shall not assign another person to be in charge of the work contemplated by this Agreement without the prior written authorization of the City.

TERM OF AGREEMENT. The term of this Agreement shall commence upon execution by both parties and shall expire on June 30, 2026, 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.

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, DocuSign Envelope ID: 30D524F8-156C-4E6C-BC08-F82E166C3D5B

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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.

INSURANCE REQUIREMENTS.

DocuSign Envelope ID: 30D524F8-156C-4E6C-BC08-F82E166C3D5B

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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. The CONSULTANT shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the CONSULTANT arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired, and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence.

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

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

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.

DocuSign Envelope ID: 30D524F8-156C-4E6C-BC08-F82E166C3D5B

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

4. The insurer waives all rights of subrogation against the CITY, its elected or appointed officers, officials, employees, or agents.

5. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents, or volunteers.

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

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, DocuSign Envelope ID: 30D524F8-156C-4E6C-BC08-F82E166C3D5B

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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.

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

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

CITY CONSULTANT
City of Hermosa Beach
1315 Valley Drive
Hermosa Beach, CA 90254
ATTN: Community Development
Director
Civic Solutions, Inc
27362 Calle Arroyo
San Juan Capistrano, CA 92675
ATTN: George Buell, Vice President
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 DocuSign Envelope ID: 30D524F8-156C-4E6C-BC08-F82E166C3D5B

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upon or resulting from the award or making of this Agreement. Should CONSULTANT breach or violate this warranty, CITY may rescind this Agreement without liability.

B. THIRD PARTY BENEFICIARIES. This Agreement and every provision herein is generally for the exclusive benefit of CONSULTANT and CITY and not for the benefit of any other party.

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

C. INTERPRETATION. This Agreement was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in Los Angeles County.

D. ENTIRE AGREEMENT. This Agreement, and its Attachments, sets forth the entire understanding of the parties. There are no other understandings, terms or other agreements expressed or implied, oral or written.

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 DocuSign Envelope ID: 30D524F8-156C-4E6C-BC08-F82E166C3D5B

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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.

DISCLOSURE REQUIRED. (City and Consultant initials required at one of the following paragraphs)
By their respective initials next to this paragraph, City and Consultant hereby acknowledge that Consultant is a “consultant” for the purposes of the California Political Reform Act because Consultant’s duties would require him or her to make one or more of the governmental decisions set forth in Fair Political Practices Commission Regulation 18700.3(a) or otherwise serves in a staff capacity for which disclosure would otherwise be required were Consultant employed by the City. Consultant hereby acknowledges his or her assuming-office, annual, and leaving-office financial reporting obligations under the California Political Reform Act and the City’s Conflict of Interest Code and agrees to comply with those obligations at his or her expense. Prior to consultant commencing services hereunder, the City’s Manager shall prepare and deliver to consultant a memorandum detailing the extent of Consultant’s disclosure obligations in accordance with the City’s Conflict of Interest Code.

City Initials ______
Consultant Initials ______
OR
By their initials next to this paragraph, City and Consultant hereby acknowledge that Consultant is not a “consultant” for the purpose of the California Political Reform Act because Consultant’s duties and responsibilities are not within the scope of the definition of consultant in Fair Political Practice Commission Regulation 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 COVID-19 or covered by an approved medical or religious exemption prior to the implementation of the scope of work located within the above referenced agreement. CONSULTANT agrees to certify in writing to CITY that it complies with the foregoing.

DocuSign Envelope ID: 30D524F8-156C-4E6C-BC08-F82E166C3D5B

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

CITY OF HERMOSA BEACH CONSULTANT
Suja Lowenthal, City Manager By: Thomas G. Merrell, President Civic Solutions, Inc.

ATTEST:
33-0689860
Myra Maravilla, City Clerk Taxpayer ID No.

APPROVED AS TO FORM:

Patrick Donegan, City Attorney
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27362 Calle Arroyo
San Juan Capistrano, CA 92675
949/489-1442
www.civicsolutions.com
June 18, 2024
Ms. Carrie Tai
Community Development Director
City of Hermosa Beach
1315 Valley Drive, First Floor
Hermosa Beach, CA 90254
Subject: Professional Planning Services Proposal
Dear Ms. Tai:

This letter is provided to follow up on our meeting yesterday and serves as a proposal to perform professional planning services in your Department. As discussed, Civic Solutions is available to work with your Planning team. The following are examples of the types of service we can provide:

Zoning Review & Customer Service
• Work with applicants, residents, and industry professionals at public counter • Respond to phone and email inquiries relating to the planning and permitting process
• Respond to public records requests
• Perform planning application intake
• Perform research and analysis
• Review construction plans for zoning compliance/building permitting • Review and process ministerial and administrative permit applications • Calculate fees relating to planning application review and permits • Maintain records
Development Review
• Work with applicants on submittal requirements and advise on the development review process
• Attend staff review and pre-application meetings
• Review and examine project applications and associated drawings, specifications, and supporting records to confirm compliance with the City’s ordinances, policies and guidelines, including those applicable within the Coastal Zone • Coordinate with and manage staff, technical professionals and stakeholders • Respond to inquiries from stakeholders from among the public and internal and external agencies and departments

EXHIBIT A
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27362 Calle Arroyo
San Juan Capistrano, CA 92675
949/489-1442
www.civicsolutions.com
• Manage the CEQA and other similar processes required by federal, state and local laws (e.g. NEPA, tribal consultation)
• Report issues of concern to appropriate staff
• Prepare draft staff reports, resolutions, ordinances and other related documents • Present at design review board, Planning Commission, City Council, and other public meetings.

We have staff capable of working on Advance Planning initiatives (i.e. General Plan, Zoning Ordinance and Specific Plan Amendments; legislative and zoning/land use policy analysis and development; and historic preservation ordinance analysis and development. In addition, through a subconsulting relationship with another local firm we can also provide GIS programming, analysis, and mapping services.

All of Civic Solutions’ professional planners are thoroughly vetted and must meet rigorous qualifications prior to employment. Two of those requirements are 1) a firm commitment to working in the public interest as an extension of our client counterparts, and 2) to have experience working with public agencies. With that commitment and experience, our objectives are to come alongside your team as seamlessly as possible, learn your codes, policies, procedures, and technology, and provide a high level of service throughout the duration of our engagement. As part of this, our staff will also strive to develop excellent working relationships with your staff and other internal and external stakeholders. In all things, Civic Solutions’ staff embrace integrity, transparency, quality, courtesy, friendliness, and efficiency.

It would be my pleasure to serve as your primary point of contact on this engagement for the purpose of contract administration and staff resource management.

Thank you for this opportunity to submit this proposal, and we hope to be working with you and your staff in the near future!
Sincerely,
CIVIC SOLUTIONS, INC.

George Buell
Senior Vice President
Attachments:

1. Company Profile

2. Fee Schedule
DocuSign Envelope ID: 30D524F8-156C-4E6C-BC08-F82E166C3D5B

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27362 Calle Arroyo
San Juan Capistrano, CA 92675
949/489-1442
www.civicsolutions.com
Company Profile
Civic Solutions, Inc. was established in 1991 and has maintained its focused commitment to serve public agencies for over 30 years. We are a community development consulting firm that provides comprehensive planning, entitlement, and management services to municipalities, special districts and other public agencies. The firm is established around the principle that community planning and development ultimately serve the public interest.

The idea for Civic Solutions emanated from its founder Tom Merrell's passion for public service. After serving in various capacities in public Planning and Community Development departments as an employee, he started Civic Solutions by providing services for citiesin the Southern California area and has grown the firm to provide urban planning and community development services state-wide.

We are a local business with company headquarters in San Juan Capistrano and a satellite office in the city of Ontario. The company is a California Corporation, and Tom Merrell serves as President and Chairman of the Board. Guided by the company philosophy that planning is for people, Civic Solutions is ideally equipped to successfully complete community development projects to the satisfaction of our clients and the communities we serve.

We provide "added value" service in all planning functions. The experienced professionals who staff our firm have extensive backgrounds in public sector service. Our services include all functions of a municipal planning department, including discretionary case processing, public information services, code compliance/plan checking, site visits, mitigation monitoring, code enforcement, zoning code amendments, architectural design guidelines, specific plans, policy planning, general plan updates, and management services.

We provide support services in the form of graphics, design evaluation, analysis of alternatives, report writing, environmental impact documentation, annexations, grant writing, housing elements, citizen participation programs and other community development activities.

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27362 Calle Arroyo
San Juan Capistrano, CA 92675
949/489-1442
www.civicsolutions.com
Professional Planning Services
City of Hermosa Beach

FEE SCHEDULE

POSITION

HOURLY RATE
PRINCIPAL-IN-CHARGE $200
PLANNING MANAGER $180
PRINCIPAL PLANNER $165
SENIOR PLANNER/PROJECT MANAGER $155
ASSOCIATE PLANNER $145
ASSISTANT PLANNER $130
PLANNING TECHNICIAN $115
The above hourly rates apply only to authorized services provided under the scope and contract, and do not apply to contract administration activities such as invoicing, contract performance discussions, etc. Work performed on a time and material basis will be billed monthly, and will be due in accordance with the terms of the contract.

REIMBURSABLE EXPENSES
• Reproductions of plans
• Large duplication or document publishing projects
• Specialized graphic projects
• Transmittals sent via USPS, FedEx, UPS, etc.

Rates are in effect through June 30, 2025, and are subject to annual review and adjustment on July 1 each year thereafter.

CONTACT INFORMATION
Corporate Name Civic Solutions, Inc.

Corporate Office 27362 Calle Arroyo, San Juan Capistrano, CA 92675 Phone (949) 489-1442
Web Address www.civicsolutions.com
Federal Tax ID 33-0689860
President Thomas G. Merrell
Senior Vice President George Buell
6/2024
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ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED?

INSR ADDL SUBR

LTR INSD WVD
PRODUCER CONTACT NAME: PHONE FAX
(A/C, No, Ext): (A/C, No): E-MAIL ADDRESS:

INSURER A :

INSURED INSURER B :

INSURER C :

INSURER D :

INSURER E :

INSURER F :

POLICY NUMBER POLICY EFF POLICY EXP TYPE OF INSURANCE (MM/DD/YYYY) (MM/DD/YYYY) LIMITS

AUTOMOBILE LIABILITY

UMBRELLA LIAB

EXCESS LIAB WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY

AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE $ DAMAGE TO RENTED CLAIMS-MADE OCCUR PREMISES (Ea occurrence) $ MED EXP (Any one person) $
PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ PRO- POLICY JECT LOC PRODUCTS - COMP/OP AGG OTHER: $ COMBINED SINGLE LIMIT
(Ea accident) $ ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) $
$ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $
DED RETENTION $ PER OTH- STATUTE ER
E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $
If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT INSURER(S) AFFORDING COVERAGE NAIC #

COMMERCIAL GENERAL LIABILITY
Y / N
N / A
(Mandatory in NH)

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
$
$
$
$
$
The ACORD name and logo are registered marks of ACORD
6/21/2024
20699
Civic Solutions , Inc.
27362 Calle Arroyo
San Juan Capistrano, CA 92675
10052
22748
A 2,000,000
X X D96099022 5/15/2024 7/1/2025 1,000,000
5,000
2,000,000
4,000,000
4,000,000
A 2,000,000
X X D96099022 5/15/2024 7/1/2025
A 1,000,000
X X D96100206 5/15/2024 7/1/2025
0 B
X 71798529 9/1/2023 9/1/2024 1,000,000
1,000,000
1,000,000
C E&O D98181374 7/1/2024
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The certificate holder is named additional insured per written contract and policy wording with waiver of subrogation on liability and worker compensation .

City of Hermosa Beach
1315 Valley Drive
Hermosa Beach, CA 90254
CIVISOL-03 DBERGER
Acrisure Southwest Partners Insurance Services, LLC
4000 Westerly Place
Suite 110
Newport Beach, CA 92660
ACE Property & Casualty Insurance Company
Chubb National Insurance Company
Pacific Employers Insurance Company
7/1/2025
X
X
X
X X
X
X
X
$2,000,000
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BOP-47635a (07/16) Includes copyrighted material of Insurance Services Office, with its permission, 2016. Page 1 of 11

BUSINESSOWNERS LIABILITY ENHANCEMENTS ENDORSEMENT
Named Insured
CIVIC SOLUTIONS, INC.

Endorsement Number
BOP47635a0716
Policy Symbol
SER
Policy Number
D96099022
Policy Period
05-15-2024 to 05-15-2025
Effective Date of Endorsement
05-15-2024
Issued By (Name of Insurance Company)
ACE Property And Casualty Insurance Company
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

This endorsement modifies insurance provided under the following:

BUSINESSOWNERS COVERAGE FORM

TABLE OF CONTENTS
Page
Supplementary Payments – Bail Bonds And Bonds To Appeal Judgments – No Sublimit 2 Medical Expenses – Three Years To Report Expenses 2
Non-Owned Watercraft Under 55 Feet 2
Non-Owned Aircraft 2
Damage To Property – Exception For Equipment Loaned Or Rented To Insured 2 Who Is An Insured – Subsidiaries Or Newly Acquired Or Formed Organizations 3 Who Is An Insured – Employees (Including For CPR and First Aid) And Volunteer Workers 3 Additional Insured – Lessor Of Leased Equipment 4
Additional Insured – Managers Or Lessors Of Premises 4
Additional Insured - Vendors 5
Additional Insured – Other Persons Or Organizations Pursuant To Contract Or Agreement 6 Damage To Premises Rented To You – $1,000,000 7
Per Location General Aggregate Limit With Combined Total Aggregate Limit 8 Knowledge/Notice Of Occurrence 9
Bodily Injury, Including Resulting Mental Anguish 9
Coverage Territory, Limited Worldwide 10
Personal Injury, Including Discrimination, Harassment And Segregation 10 Unintentional Failure To Disclose Hazards 10
Other Insurance, Including Primary Provision 10
Waiver Of Subrogation Required By Contract 11
This endorsement modifies the coverages provided under the Businessowners Coverage Form.

Notwithstanding anything to the contrary, the provisions of the Businessowners Coverage Form apply, except as provided in this endorsement. The titles of the various paragraphs of this endorsement are inserted solely for convenience or reference and are not to be deemed in any way to limit or affect the provisions to which they relate.

A. SUPPLEMENTARY PAYMENTS – BAIL BONDS AND BONDS TO APPEAL JUDGMENTS - NO SUBLIMIT In Section II - Liability, Paragraph A. Coverages, 1. f. Coverage Extension – Supplementary Payments, subparagraphs (1)(b) and (c) are replaced by the following:
(b) The cost of bail bonds, but only for bond amounts within the available limit of insurance. We do not have to furnish these bonds.

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BOP-47635a (07/16) Includes copyrighted material of Insurance Services Office, with its permission, 2016. Page 2 of 11 (c) The cost of bonds to appeal judgments or release attachments, but only for amounts within the available limit of insurance. We do not have to furnish these bonds.

B. MEDICAL EXPENSES – THREE YEARS TO REPORT EXPENSES
In Section II – Liability, Paragraph A. Coverages, 2. Medical Expenses, subparagraph a.(b) is replaced by the following:
(b) The expenses are incurred and reported to us within three years of the date of the accident; and C. NON-OWNED WATERCRAFT UNDER 55 FEET
In Section II - Liability, Paragraph B. Exclusions, subparagraph (2) of Exclusion 1.g. Aircraft, Auto Or Watercraft is replaced by the following:

This exclusion does not apply to:
(2) A watercraft you do not own that is:
(a) Less than 55 feet long; and
(b) Not being used to carry persons or property for a charge; D. NON-OWNED AIRCRAFT
In Section II - Liability, Paragraph B. Exclusions, the following exception is added to Exclusion 1.g.

Aircraft, Auto or Watercraft in Section II – Liability:

This exclusion does not apply to an aircraft you do not own provided:

1. The pilot in command holds a currently effective certificate, issued by the duly constituted authority of the United States of America or Canada, designating that person as a commercial or airline transport pilot;

2. It is rented with a trained, paid crew; and

3. It does not transport persons or cargo for a charge.

E. DAMAGE TO PROPERTY - EXCEPTION FOR EQUIPMENT LOANED OR RENTED TO THE INSURED In Section II - Liability, Paragraph B. Exclusions, the following exception is added to Exclusion 1.k.

Damage To Property:

Paragraphs (3) and (4) of this exclusion do not apply to “property damage” to equipment rented or loaned to the insured, provided such equipment is not being used to perform any operations at a construction job site.

F. WHO IS AN INSURED - SUBSIDIARIES OR NEWLY ACQUIRED OR FORMED ORGANIZATIONS In Section II - Liability, Paragraph C. Who is an Insured is amended to include the following:

If there is no other insurance available, each of the following is also a Named Insured:

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BOP-47635a (07/16) Includes copyrighted material of Insurance Services Office, with its permission, 2016. Page 3 of 11

1. A subsidiary organization of the first Named Insured shown in the Declarations of which, at the beginning of the policy period and at the time of loss, the first Named Insured controls, either directly or indirectly, more than 50 percent of the interests entitled to vote generally in the election of the governing body of such organization; or

2. A subsidiary organization of the first Named Insured shown in the Declarations that the first Named Insured acquires or forms during the policy period, if at the time of loss the first Named Insured controls, either directly or indirectly, more than 50 percent of the interests entitled to vote generally in the election of the governing body of such organization.

G. WHO IS AN INSURED - EMPLOYEES (INCLUDING CPR AND FIRST AID) AND VOLUNTEER WORKERS In Section II - Liability, Paragraph C. Who is an Insured, Paragraph 2.a. is replaced by the following:

2. Each of the following is also an insured:
a. Your "employees" but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, no “employee” is an insured for:
(1)"Bodily injury" or "personal and advertising injury":
(a) To you, to any of your directors, managers, members, “executive officers” or partners (whether or not an “employee”) or to any co-“employee” while such injured person is either in the course of his or her employment or while performing duties related to the conduct of your business;
(b) To the brother, child, parent, sister or spouse of such injured person as a consequence of any injury described in Paragraph (a) above; or
(c) For which there is any obligation to share damages with or repay someone else who must pay damages because of any injury described in Paragraph (a) or (b) above.

With respect to “bodily injury” only, the limitations described in Paragraph 2.a.(1) above do not apply to you or to your directors, managers, members, “executive officers”, partners or supervisors as insureds. The limitations also do not apply to your “employees” as insureds, with respect to such damages caused by cardiopulmonary resuscitation or first aid services administered by such an “employee”.
(2) "Property damage" to any property owned, occupied or used by you or by any of your directors, managers, members, “executive officers” or partners (whether or not an “employee”) or by any of your “employees”. This limitation does not apply to “property damage” to premises while rented to you or temporarily occupied by you with the permission of the owner.
b. Your “volunteer workers”, but only while acting within the scope of their activities for you and at your direction.

H. ADDITIONAL INSUREDS
In Section II - Liability, Paragraph C. Who is an Insured, the following is added:

2. Each of the following is also an insured:

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BOP-47635a (07/16) Includes copyrighted material of Insurance Services Office, with its permission, 2016. Page 4 of 11

LESSOR OF LEASED EQUIPMENT
e. Any person or organization from whom you lease equipment, but only with respect to liability for “bodily injury”, “property damage” or “personal and advertising injury” caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person or organization and only if you are required by a contract or agreement to provide them with such insurance as is afforded by this policy.

However, the insurance afforded to such additional insured:
(1)Only applies to the extent permitted by law; and
(2)Will not be broader than that which you are required by the contract or agreement to provide for such additional insured.

With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after the equipment lease expires.

MANAGERS OR LESSORS OF PREMISES
f. Any person or organization from whom you lease premises, but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you and only if you are required by a contract or agreement to provide them with such insurance as is afforded by this policy.

With respect to the insurance afforded to these additional insureds, the following additional exclusions apply:

This insurance does not apply to:
(1) Any “occurrence” that takes place after you cease to be a tenant in such premises. (2)Structural alterations, new construction or demolition operations performed by or for such additional insureds.

VENDORS
g. Any person or organization who is a vendor of “your products”, but only with respect to “bodily injury” or “property damage” arising out of “your products” which are distributed or sold in the regular course of the vendor’s business.

However:
(1) The insurance afforded to such vendor only applies to the extent permitted by law; and (2) If coverage provided to the vendor is required by a contract or agreement, the DocuSign Envelope ID: 30D524F8-156C-4E6C-BC08-F82E166C3D5B

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BOP-47635a (07/16) Includes copyrighted material of Insurance Services Office, with its permission, 2016. Page 5 of 11 insurance afforded to such vendor will not be broader than that which you are required by the contract or agreement to provide for such vendor.

With respect to the insurance afforded to these vendors, the following additional exclusions apply:
(1) This insurance afforded the vendor does not apply to:
(a) “Bodily injury” or “property damage” for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to the liability for damages that the vendor would have in the absence of the contract or agreement;
(b) Any express warranty unauthorized by you;
(c) Any physical or chemical change in the product made intentionally by the vendor; (d) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container;
(e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor’s premises in connection with the sale of the product; (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (h) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf.

However, this exclusion does not apply to:
(i) The exceptions contained in Subparagraph (d) or (f); or (ii) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products.
(2) This insurance does not apply to any insured person or organization from whom you have acquired such products, or any ingredient, part or container entering into, accompanying or containing such products.

With respect to the insurance afforded to these vendors, the following is added to Paragraph D.

Liability And Medical Expenses Limits Of Insurance:

If coverage provided by the vendor is required by a contract or agreement, the most we will pay on behalf of the vendor is the amount of insurance:
(1) Required by the contract or agreement; or
(3) Available under the applicable Limits Of Insurance shown in the Declarations; DocuSign Envelope ID: 30D524F8-156C-4E6C-BC08-F82E166C3D5B

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BOP-47635a (07/16) Includes copyrighted material of Insurance Services Office, with its permission, 2016. Page 6 of 11 whichever is less.

This shall not increase the applicable Limits Of Insurance shown in the Declarations.

OTHER PERSONS OR ORGANIZATIONS PURSUANT TO CONTRACT OR AGREEMENT h. Any persons or organizations that you are required by a contract or agreement to provide with such insurance as is afforded by this policy. However, such a person or organization is an insured only:
(1) To the extent such contract or agreement requires the additional insured to be afforded status as an insured; and
(2) For activities that did not occur, in whole or in part, before the execution of the contract or agreement.

No person or organization is an insured under this provision:
(1) That is more specifically identified under any other provision of Paragraph C. Who Is An Insured (regardless of any limitation applicable thereto). (2) With respect to any assumption of liability in a contract or agreement. This limitation does not apply to the liability for damages the additional insured would have in the absence of the contract or agreement.

However, the insurance afforded to such persons or organizations:
(1) Only applies to the extent permitted by law; and
(2) Will not be broader than that which you are required by the contract or agreement to provide for such additional insured.

The following is added at the end of Paragraph C. Who Is An Insured:

No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations.

However, no person or organization is an insured with respect to the:
a. Ownership, maintenance or use of any assets; or
b. Conduct of any person or organization whose assets, business or organization; any Named Insured acquires, either directly or indirectly, for any:
(1) “Bodily injury” or “property damage” that occurred; or (2) “Personal and advertising injury” arising out of an offense first committed; in whole or in part, before such acquisition is executed.

With respect to the insurance afforded to the persons or organizations described in Paragraphs e., f.,. and h. above, the following is added to Paragraph D. Liability And Medical Expenses Limits Of Insurance:

The most we will pay on behalf of such person or organization is the amount of insurance:

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BOP-47635a (07/16) Includes copyrighted material of Insurance Services Office, with its permission, 2016. Page 7 of 11 (1) Required by the contract or agreement; or
(2) Available under the applicable Limits Of Insurance shown in the Declarations; whichever is less.

This shall not increase the applicable Limits Of Insurance shown in the Declarations.

I. DAMAGE TO PREMISES RENTED TO YOU – $1,000,000
In Section II - Liability, Paragraph D. Liability and Medical Expenses Limits of Insurance, Paragraphs

3. and 4. are deleted and replaced with the following:

3. Subject to the Liability And Medical Expenses Limits Of Insurance, the most we will pay under Business Liability Coverage for damages because of "property damage" to any one premises while rented to you or while temporarily occupied by you with permission of the owner is $1,000,000.

4. Aggregate Limits
The most we will pay for:
a. All “bodily injury” and “property damage” that is included in the “products-completed operations hazard” is twice the Liability and Medical Expenses limit. b. All:
(1) “Bodily injury” and “property damage” except damages because of “bodily injury” or “property damage” included in the “products-completed operations hazard”; (2) Plus medical expenses;
(3) Plus all “personal and advertising injury” caused by offenses committed; is twice the Liability and Medical Expenses Limit.

The Limits of Insurance of Section II – Liability apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance.

J. PER LOCATION GENERAL AGGREGATE LIMIT WITH COMBINED TOTAL AGGREGATE LIMIT In Section II - Liability, Paragraph D. Liability and Medical Expenses Limits of Insurance, the following is added:

1. Subject to the Combined Total Aggregate Limit shown in the Declarations, for the sum of all damages that the insured becomes legally obligated to pay for all "bodily injury" and “property damage” caused by "occurrences" under Paragraph A.1. Business Liability, and for all medical expenses caused by accidents under Paragraph A.2. Medical Expenses, which can be attributed only to a single "location":

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BOP-47635a (07/16) Includes copyrighted material of Insurance Services Office, with its permission, 2016. Page 8 of 11 a. A separate Location General Aggregate Limit will apply to each "location", and that limit is equal to the Other than Products/Completed Operations Aggregate Limit shown in the Declarations. b. The separate Location General Aggregate Limit is the most we will pay for the sum of all damages for "bodily injury" or "property damage" under Paragraph A.1. Business Liability, except in connection with "bodily injury" or "property damage" included in the "productscompleted operations hazard", and for medical expenses under Paragraph A.2. Medical Expenses, regardless of the number of:
(1) Insureds;
(2) Claims made or "suits" brought; or
(3) Persons or organizations making claims or bringing "suits". c. Any payments made under Paragraph A.1. or under Paragraph A.2. Medical Expenses shall reduce the separate Location General Aggregate Limit for that "location". Such payments shall not reduce the Other Than Products/Completed Operations Aggregate Limit shown in the Declarations nor shall they reduce the separate Location General Aggregate Limit for any other "location”.
d. The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to apply. However, instead of being subject to the Other Than Products/Completed Operations Aggregate Limit shown in the Declarations, such limits will be subject to the applicable separate Location General Aggregate Limit.

2. Subject to the Combined Total Aggregate Limit shown in the Declarations, for the sum of all damages that the Insured becomes legally obligated to pay for all "bodily injury" or "property damage" caused by occurrences under Paragraph A.1. Business Liability and for all medical expenses caused by accidents under Paragraph A.2., which cannot be attributed only to operations at a single "location". a. Any payments made under Paragraph A.1. Business Liability for damages or under Paragraph A.2. for medical expenses shall reduce the amount available under the Other Than Products/Completed Operations Aggregate Limit or the Products/Completed Operations Aggregate Limit, whichever is applicable; and
b. Such payments shall not reduce the separate Location General Aggregate Limit applicable to a single "location".

3. Subject to the separate Location General Aggregate Limit and all other applicable limits, the Combined Total Aggregate Limit shown in the Declarations is the most we will pay for the combined sum of amounts described above, regardless of the number of “locations”.

4. Any payments we make for "bodily injury" or "property damage" included in the “products-completed operations hazard” will reduce the Products-Completed Operations Aggregate Limit regardless of the number of "locations", and not reduce the Other Than Products/Completed Operations Aggregate Limit nor the separate Location General Aggregate Limit applicable to a single "location.”

5. As used in this endorsement, “location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad.

6. The provisions of Paragraph D. Liability and Medical Expenses Limits Of Insurance not otherwise modified by this endorsement shall continue to apply as stipulated.

K. KNOWLEDGE/NOTICE OF OCCURRENCE
In Section II - Liability, Paragraph E. Liability and Medical Expenses General Conditions, 2. Duties In the Event Of Occurrence, Offense, Claim or Suit is amended to include the following:

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BOP-47635a (07/16) Includes copyrighted material of Insurance Services Office, with its permission, 2016. Page 9 of 11 e. Knowledge of an “occurrence” or offense by an agent or “employee” of the insured will not constitute knowledge by the insured, unless an “executive officer” (whether or not an “employee”) of any insured or an “executive officer’s” designee knows about such “occurrence” or offense. Failure of an agent or “employee” of the insured, other than an “executive officer” (whether or not an “employee”) of any insured or an “executive officer’s” designee, to notify us of an “occurrence” or offense that such person knows about will not affect the insurance afforded to you. f. If a claim or loss does not reasonably appear to involve this insurance, but it later develops into a claim or loss to which this insurance applies, the failure to report it to us will not violate this condition, provided the insured gives us immediate notice as soon as the insured is aware that this insurance may apply to such loss or claim.

L. BODILY INJURY, INCLUDING RESULTING MENTAL ANGUISH
In Section II - Liability, Paragraph F. Liability and Medical Expenses Definitions, paragraph 3. is deleted and replaced with the following:

3. "Bodily injury" means physical:
a. Injury;
b. Sickness; or
c. Disease;
sustained by a person, including resulting death, humiliation, mental anguish, mental injury or shock at any time. All such loss shall be deemed to occur at the time of the physical injury, sickness or disease.

M. COVERAGE TERRITORY, LIMITED WORLDWIDE
In Section II - Liability, Paragraph F. Liability and Medical Expenses Definitions, paragraph 4. is deleted and replaced by the following:

4. "Coverage territory" means all parts of the world.

However, “coverage territory” does not include any:
a. “Bodily injury” or “property damage” that takes place or any offense committed outside of the United States of America (including its possessions and territories), Canada and Puerto Rico, unless the insured’s responsibility to pay damages is determined by a “suit” on the merits that is brought in the United States of America (including its possessions and territories), Canada or Puerto Rico; or
b. Injury or damage in connection with any “suit” brought outside the United States of America (including its possessions and territories), Canada and Puerto Rico.

N. PERSONAL INJURY, INCLUDING DISCRIMINATION, HARASSMENT AND SEGREGATION In Section II - Liability, Paragraph F. Liability and Medical Expenses Definitions, paragraph 14. is amended to include the following:
h. Discrimination, harassment or segregation based on a person’s age, color, national origin, race, religion or sex unless committed by or at the direction of any “executive officer”, director, stockholder, partner or member of the insured.

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BOP-47635a (07/16) Includes copyrighted material of Insurance Services Office, with its permission, 2016. Page 10 of 11 O. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS
In Section III – Common Policy Conditions, Paragraph C. Concealment, Misrepresentation or Fraud is amended to include the following additional paragraph:

Unintentional failure of an “employee” of the insured to disclose a hazard or other material information will not violate this condition, unless an “executive officer” (whether or not an “employee”) of any insured knows about such hazard or other material information.

P. OTHER INSURANCE, INCLUDING PRIMARY PROVISION
In Section III – Common Policy Conditions, Paragraph H. Other Insurance, subparagraphs 2. and 3. are replaced by the following:

H. Other Insurance
If other valid and collectible insurance is available to the insured for a loss we cover under this insurance, our obligations are limited as follows:

1. Primary Insurance
This insurance is primary except when Paragraph 2 below applies. If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method described in Paragraph 3 below.

2. Excess Insurance
a. This insurance is excess over:
(1) Any of the other insurance, whether primary, excess, contingent or on any other basis:
(a)That is Fire, Extended Coverage, Builder’s Risk, Installation Risk or similar coverage for “your work”;
(b)That is insurance that applies to “property damage” to premises rented to you or temporarily occupied by you with permission of the owner; or (c)If the loss arises out of aircraft, “autos” or watercraft to the extent not subject to Exclusion g. of Section II.B. Exclusions, 1. Applicable to Business Liability Coverage; or (2) Any other primary insurance available to you covering liability for damages arising out of the premises or operations for which you have been added as an additional insured. b. When this insurance is excess, we will have no duty to defend the insured against any “suit” if any other insurer has a duty to defend the insured against that “suit.” If no other insurer defends, we will undertake to do so, but we will be entitled to the insured’s rights against all those other insurers.
c. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of:
(1) The total amount that all such other insurance would pay for the loss in the absence of this insurance;
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BOP-47635a (07/16) Includes copyrighted material of Insurance Services Office, with its permission, 2016. Page 11 of 11 (2) The total of all deductible and self-insured amounts under all that other insurance. d. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not brought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part.

3. Method of Sharing
If all of the other insurance permits contribution by equal shares, we will follow this method also.

Under this approach, each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first.

If any of the other insurance does not permit contribution by equal shares, we will contribute by limits.

Under this method, each insurer’s share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers.

Q. WAIVER OF SUBROGATION REQUIRED BY CONTRACT
In Section III – Common Policy Conditions, Paragraph K. Transfer of Rights of Recovery Against Others To Us, subparagraph 2. is replaced by the following:

2. Applicable to Businessowners Liability Coverage:

We will waive the rights of recovery we would otherwise have had against another person or organization, for loss to which this insurance applies, provided the insured has waived their rights of recovery against such person or organization in a contract or agreement that is executed before such loss.

To the extent that the insured’s rights to recover all or part of any payment made under this Coverage Part have not been waived, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring “suit” or transfer those rights to us and help us enforce them. This paragraph does not apply to Medical Expenses Coverage.

All other terms and conditions of the policy remain unchanged.

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Workers' Compensation and Employers' Liability Policy
Named Insured Endorsement Number

CIVIC SOLUTIONS
Policy Number
Symbol: Number: (24) 7179-85-29
Policy Period
09/01/2023 TO 09/01/2024
Effective Date of Endorsement
09/01/2023
Issued By (Name of Insurance Company)
Chubb National Insurance Company
Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy.

CALIFORNIA WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because California is shown in Item 3.A. of the Information Page.

We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule, where you are required by a written contract to obtain this waiver from us.

You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule.

Schedule

1. ( ) Specific Waiver
Name of person or organization:
( X ) Blanket Waiver
Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver.

2. Operations:

3. Premium:

The premium charge for this endorsement shall be 1% percent of the California premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described.

4. Minimum Premium:

Authorized Representative
WC 90 03 75 (05/18)
Insured Copy
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FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF HERMOSA BEACH AND CIVIC SOLUTIONS, INC. TO PROVIDE STAFF AUGMENTATION
THIS FIRST AMENDMENT TO AGREEMENT TO PROVIDE STAFF AUGMENTATION ("First Amendment") is made and entered into this 24th day of September 2024, by and between the City of Hermosa Beach, a municipal corporation ("City'') and Civic Solutions, Inc, a California corporation ("Consultant”).

RECITALS
A. On June 26, 2024, City entered into an agreement with Consultant to provide staff augmentation ("Agreement") for a term of two years and a not-to-exceed amount of $30,000.

B. To continue current contract services currently being provided to fill staff vacancies and to perform work beyond the City’s staffing resources, the parties mutually desire to increase the not-to-exceed limit by $20,000, for a total of $50,000.

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

1. Section 1 is amended to read as follows:

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

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

As additional consideration, CITY agrees to pay CONSULTANT a not-to-exceed amount of $50,000 in accordance with the rates listed in FEE SCHEDULE, attached as EXHIBIT B, for CONSULTANT’s services, unless otherwise specified by written amendment to this Agreement.

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

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

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Hermosa Beach City CouncilJanuary 14, 2025

Hermosa Beach City Council
January 14, 2025