Hermosa Beach City Council
January 28, 2025

Adjusted Year-to-date Year-to-date
Project Title/Account Number Appropriation Expenditures Expenditures Encumbrances Balance Prct Used Bus Stop Improvements (102)
145-8102-4201 Contract Serv/Private 500,000.00 - - - 500,000.00 0.00% 146-8102-4201 Contract Serv/Private - - - 477,465.90 (477,465.90) 0.00% 500,000.00 - - 477,465.90 22,534.10 95.49%
Annual Street Improvements (105)
115-8105-4102 Regular Salaries 139,840.00 9,219.13 57,183.39 - 82,656.61 40.89% 115-8105-4180 Retirement - 851.58 5,178.02 - (5,178.02) 0.00% 115-8105-4188 Employee Benefits - 1,313.25 8,389.31 - (8,389.31) 0.00% 115-8105-4189 Medicare Benefits - 133.66 834.31 - (834.31) 0.00% 115-8105-4201 Contract Serv/Private 1,129,200.00 8,360.00 38,220.00 5,860.00 1,085,120.00 3.90% 122-8105-4102 Regular Salaries 10,083.00 802.89 4,956.52 - 5,126.48 49.16% 122-8105-4180 Retirement - 88.45 538.27 - (538.27) 0.00% 122-8105-4188 Employee Benefits - 117.00 707.34 - (707.34) 0.00% 122-8105-4189 Medicare Benefits - 11.68 72.46 - (72.46) 0.00% 122-8105-4201 Contract Serv/Private 479,917.00 - - - 479,917.00 0.00% 146-8105-4201 Contract Serv/Private 633,169.00 - - - 633,169.00 0.00% 147-8105-4201 Contract Serv/Private 878,354.00 - - - 878,354.00 0.00% 148-8105-4201 Contract Serv/Private 554,105.00 - - - 554,105.00 0.00% 301-8105-4201 Contract Serv/Private 274,802.00 - 26,138.00 - 248,664.00 9.51% 4,099,470.00 20,897.64 142,217.62 5,860.00 3,951,392.38 3.61% Utility Box Wrappings (109)
301-8109-4201 Contract Serv/Private 48,500.00 - 6,300.00 17,700.00 24,500.00 49.48% 48,500.00 - 6,300.00 17,700.00 24,500.00 49.48%
Gateway and Wayfinding Signs Assessment (111)
301-8111-4201 Contract Serv/Private 48,877.00 - - 7,462.72 41,414.28 15.27% 48,877.00 - - 7,462.72 41,414.28 15.27%
Annual City Sidewalk Improvements (112)
115-8112-4201 Contract Serv/Private 9,931.00 - - - 9,931.00 0.00% 146-8112-4201 Contract Serv/Private 129,312.00 - - - 129,312.00 0.00% 301-8112-4102 Regular Salaries 35,324.00 2,406.73 14,902.40 - 20,421.60 42.19% 301-8112-4180 Retirement - 231.32 1,406.61 - (1,406.61) 0.00% 301-8112-4188 Employee Benefits - 345.56 2,208.91 - (2,208.91) 0.00% 301-8112-4189 Medicare Benefits - 35.00 217.75 - (217.75) 0.00% 301-8112-4201 Contract Serv/Private 564,676.00 - - 65,886.00 498,790.00 11.67% 739,243.00 3,018.61 18,735.67 65,886.00 654,621.33 11.45% Pay-By-Space Street Parking, Phase II (113)
301-8113-4201 Contract Serv/Private 10,000.00 - - - 10,000.00 0.00% 10,000.00 - - - 10,000.00 0.00%
PCH Mobility Improvement Project (143)
115-8143-4102 Contract Serv/Private 49,226.00 - - 12,375.00 36,851.00 25.14% 49,226.00 - - 12,375.00 36,851.00 25.14%
Hermosa Ave Green Street (164)
149-8164-4102 Regular Salaries 12,872.00 799.56 4,944.16 - 7,927.84 38.41% 149-8164-4180 Retirement - 76.91 467.65 - (467.65) 0.00% 149-8164-4188 Employee Benefits - 115.19 723.47 - (723.47) 0.00% 149-8164-4189 Medicare Benefits - 11.64 72.29 - (72.29) 0.00% 149-8164-4201 Contract Serv/Private 128,868.00 - - - 128,868.00 0.00% 141,740.00 1,003.30 6,207.57 - 135,532.43 4.38%
ADA Improvements - PCH Between 2nd & 21st (185)
150-8185-4201 Contract Serv/Private 35,047.00 - - 35,046.32 0.68 100.00% CIP Report by Project
12/31/2024

Adjusted Year-to-date Year-to-date
Project Title/Account Number Appropriation Expenditures Expenditures Encumbrances Balance Prct Used CIP Report by Project
12/31/2024
ADA Improvements - PCH Between 2nd & 21st (185)
35,047.00 - - 35,046.32 0.68 100.00%
Annual Street Improvements (191)
115-8191-4201 Contract Serv/Private 4,686.00 - 937.50 5,623.15 (1,874.65) 140.01% 148-8191-4201 Contract Serv/Private - - - 22,275.78 (22,275.78) 0.00% 4,686.00 - 937.50 27,898.93 (24,150.43) 615.37%
Pedestrian Crossing Safety Improvements (193)
115-8193-4201 Contract Serv/Private 10,000.00 - - - 10,000.00 0.00% 146-8193-4102 Regular Salaries 31,818.00 2,102.63 13,165.50 - 18,652.50 41.38% 146-8193-4180 Retirement - 191.05 1,164.46 - (1,164.46) 0.00% 146-8193-4188 Employee Benefits - 291.42 1,870.60 - (1,870.60) 0.00% 146-8193-4189 Medicare Benefits - 30.61 193.22 - (193.22) 0.00% 146-8193-4201 Contract Serv/Private 393,844.00 - - - 393,844.00 0.00% 147-8193-4201 Contract Serv/Private 39,751.00 - - - 39,751.00 0.00% 475,413.00 2,615.71 16,393.78 - 459,019.22 3.45%
Annual Striping Improvements (194)
147-8194-4102 Regular Salaries 1,410.00 104.42 633.34 - 776.66 44.92% 147-8194-4180 Retirement - 10.67 64.79 - (64.79) 0.00%
147-8194-4188 Employee Benefits - 15.94 92.82 - (92.82) 0.00% 147-8194-4189 Medicare Benefits - 1.52 9.25 - (9.25) 0.00% 147-8194-4201 Contract Serv/Private 234,097.00 - - - 234,097.00 0.00% 235,507.00 132.55 800.20 - 234,706.80 0.34%
City Sidewalk Improvements (195)
148-8195-4201 Contract Serv/Private - - - 15,957.93 (15,957.93) 0.00% 301-8195-4201 Contract Serv/Private - - - 2,076.06 (2,076.06) 0.00% - - - 18,033.99 (18,033.99) 0.00%
Storm Drain Improv - Various Locations (417)
122-8417-4201 Contract Serv/Private 82,125.00 - - - 82,125.00 0.00% 160-8417-4180 Retirement - 6.71 40.15 - (40.15) 0.00%
161-8417-4102 Regular Salaries 105,188.00 6,811.39 42,327.47 - 62,860.53 40.24% 161-8417-4180 Retirement - 622.24 3,781.35 - (3,781.35) 0.00% 161-8417-4188 Employee Benefits - 963.87 6,316.46 - (6,316.46) 0.00% 161-8417-4189 Medicare Benefits - 98.96 618.40 - (618.40) 0.00% 161-8417-4201 Contract Serv/Private 1,072,445.00 - - - 1,072,445.00 0.00% 191-8417-4201 Contract Serv/Private 168,315.00 - - - 168,315.00 0.00% 301-8417-4201 Contract Serv/Private 5,834.00 - - 26,683.05 (20,849.05) 457.37% 1,433,907.00 8,503.17 53,083.83 26,683.05 1,354,140.12 5.56% Annual Sewer Improvements (421)
160-8421-4102 Regular Salaries 102,946.00 6,916.64 43,200.99 - 59,745.01 41.96% 160-8421-4180 Retirement - 637.00 3,878.67 - (3,878.67) 0.00% 160-8421-4188 Employee Benefits - 964.89 6,222.85 - (6,222.85) 0.00% 160-8421-4189 Medicare Benefits - 100.56 632.74 - (632.74) 0.00% 160-8421-4201 Contract Serv/Private 3,865,610.20 - 35,559.92 3,122,905.07 707,145.21 81.71% 3,968,556.20 8,619.09 89,495.17 3,122,905.07 756,155.96 80.95% Annual Storm Drain Improvements (422)
161-8422-4102 Regular Salaries 8,771.00 733.78 4,549.47 - 4,221.53 51.87% 161-8422-4180 Retirement - 71.55 435.50 - (435.50) 0.00% 161-8422-4180 Employee Benefits - 105.22 669.28 - (669.28) 0.00% 161-8422-4189 Medicare Benefits - 10.68 66.56 - (66.56) 0.00% 161-8422-4201 Contract Serv/Private 289,400.00 7,240.33 144,806.56 - 144,593.44 50.04% 298,171.00 8,161.56 Page 311 of 562 150,527.37 - 147,643.63 50.48% Adjusted Year-to-date Year-to-date
Project Title/Account Number Appropriation Expenditures Expenditures Encumbrances Balance Prct Used CIP Report by Project
12/31/2024
Annual Sewer Improvements Various (423)
160-8423-4102 Regular Salaries 16,547.00 1,035.25 6,471.20 - 10,075.80 39.11% 160-8423-4180 Retirement - 90.49 549.55 - (549.55) 0.00% 160-8423-4188 Employee Benefits - 143.25 960.68 - (960.68) 0.00% 160-8423-4189 Medicare Benefits - 15.06 94.80 - (94.80) 0.00% 160-8423-4201 Contract Serv/Private 221,099.00 - 7,217.50 2,878.75 211,002.75 4.57% 237,646.00 1,284.05 15,293.73 2,878.75 219,473.52 7.65% Annual Storm Drain Improvements (424)
161-8424-4102 Regular Salaries 18,492.00 1,167.55 7,222.56 - 11,269.44 39.06% 161-8424-4180 Retirement - 115.53 702.31 - (702.31) 0.00% 161-8424-4188 Employee Benefits - 168.85 1,118.11 - (1,118.11) 0.00% 161-8424-4189 Medicare Benefits - 16.99 105.41 - (105.41) 0.00% 161-8424-4201 Contract Serv/Private 396,325.00 - 23,049.50 8,967.95 364,307.55 8.08% 414,817.00 1,468.92 32,197.89 8,967.95 373,651.16 9.92% Stormwater Dry Wells (438)
149-8438-4102 Regular Salaries 12,973.00 609.60 3,834.24 - 9,138.76 29.56% 149-8438-4180 Retirement - 47.15 286.62 - (286.62) 0.00% 149-8438-4188 Employee Benefits - 82.84 553.05 - (553.05) 0.00% 149-8438-4189 Medicare Benefits - 8.88 56.47 - (56.47) 0.00% 149-8438-4201 Contract Serv/Private 246,027.00 - - - 246,027.00 0.00% 259,000.00 748.47 4,730.38 - 254,269.62 0.00%
Greenbelt Pedestrian Trail (502)
122-8502-4201 Contract Serv/Private 60,000.00 57,000.00 57,000.00 3,000.00 - 100.00% 301-8502-4102 Regular Salaries 3,500.00 376.33 2,353.12 - 1,146.88 67.23% 301-8502-4180 Retirement - 31.57 192.04 - (192.04) 0.00% 301-8502-4188 Employee Benefits - 52.41 342.40 - (342.40) 0.00% 301-8502-4189 Medicare Benefits - 5.48 34.63 - (34.63) 0.00% 301-8502-4201 Contract Serv/Private 748,907.00 195,472.92 207,535.41 541,371.59 - 100.00% 812,407.00 252,938.71 267,457.60 544,371.59 577.81 92.55% City Park Lighting Assessment (503)
122-8503-4102 Regular Salaries 10,295.00 755.89 4,735.34 - 5,559.66 46.00% 122-8503-4180 Retirement - 68.25 416.10 - (416.10) 0.00% 122-8503-4188 Employee Benefits - 104.82 667.09 - (667.09) 0.00% 122-8503-4189 Medicare Benefits - 11.00 69.67 - (69.67) 0.00% 122-8503-4201 Contract Serv/Private 189,705.00 - - - 189,705.00 0.00% 200,000.00 939.96 5,888.20 - 194,111.80 0.00%
Citywide Parks Master Plan (538)
125-8538-4201 Contract Serv/Private 43,167.00
- - - 43,167.00 0.00%
301-8538-4201 Contract Serv/Private 89,306.00 - 21,744.31 55,809.83 11,751.86 86.84% 132,473.00 - 21,744.31 55,809.83 54,918.86 58.54%
South Park Slope and Irrigation Repairs (603)
125-8603-4201 Contract Serv/Private 77,360.00 - - 12,400.00 64,960.00 16.03% 150-8603-4201 Contract Serv/Private 189,849.00 - - - 189,849.00 0.00% 301-8603-4102 Regular Salaries 67,422.00 4,337.43 26,885.84 - 40,536.16 39.88% 301-8603-4180 Retirement
- 431.88 2,624.70
- (2,624.70) 0.00%
301-8603-4188 Employee Benefits
- 618.97 4,084.79
- (4,084.79) 0.00%
301-8603-4189 Medicare Benefits
- 63.06 391.78
- (391.78) 0.00%
301-8603-4201 Contract Serv/Private 1,499,468.00
- 1,791.00
- 1,497,677.00 0.12%
1,834,099.00 5,451.34 35,778.11 12,400.00 1,785,920.89 2.63% City Wide ADA Improvements (604)
301-8604-4201 Contract Serv/Private 500,000.00 Page 312 of 562 - - 70,560.56 429,439.44 14.11% Adjusted Year-to-date Year-to-date
Project Title/Account Number Appropriation Expenditures Expenditures Encumbrances Balance Prct Used CIP Report by Project
12/31/2024
City Wide ADA Improvements (604)
500,000.00 - - 70,560.56 429,439.44 14.11%
Facilities Condition Assessment (605)
301-8605-4102 Regular Salaries 15,906.00 976.08 6,067.24 - 9,838.76 38.14% 301-8605-4180 Retirement - 94.36 575.79 - (575.79) 0.00% 301-8605-4188 Employee Benefits - 140.02 876.44 - (876.44) 0.00% 301-8605-4189 Medicare Benefits - 14.22 89.04 - (89.04) 0.00% 301-8605-4201 Contract Serv/Private 445,331.00 37,855.60 73,629.85 82,377.15 289,324.00 35.03% 461,237.00 39,080.28 81,238.36 82,377.15 297,621.49 35.47% Fort Lots-O-Fun Wall and Gate Improvements (610)
301-8610-4102 Regular Salaries 6,958.00 433.73 2,706.95 - 4,251.05 38.90% 301-8610-4180 Retirement - 43.96 266.70 - (266.70) 0.00% 301-8610-4188 Employee Benefits - 60.43 446.49 - (446.49) 0.00% 301-8610-4189 Medicare Benefits - 6.30 39.31 - (39.31) 0.00% 301-8610-4201 Contract Serv/Private 93,042.00 - - - 93,042.00 0.00% 100,000.00 544.42 3,459.45 - 96,540.55 3.46%
New Corporate Yard Facilities (615)
301-8615-4102 Regular Salaries 39,806.00 2,664.54 16,712.16 - 23,093.84 41.98% 301-8615-4180 Retirement - 247.38 1,510.39 - (1,510.39) 0.00% 301-8615-4188 Employee Benefits - 369.64 2,359.80 - (2,359.80) 0.00% 301-8615-4189 Medicare Benefits - 38.75 245.47 - (245.47) 0.00% 301-8615-4201 Contract Serv/Private 750,191.00 - - - 750,191.00 0.00% 789,997.00 3,320.31 20,827.82 - 769,169.18 2.64%
Bard Trailer Improvements (616)
301-8616-4201 Contract Serv/Private 4,692.00 - - 9,277.99 (4,585.99) 197.74% 4,692.00 - - 9,277.99 (4,585.99) 197.74%
Civic Center Charging Stations (617)
301-8617-4102 Regular Salaries 2,430.00 175.70 1,068.77 - 1,361.23 43.98% 301-8617-4180 Retirement - 18.55 113.09 - (113.09) 0.00% 301-8617-4188 Employee Benefits - 26.65 157.53 - (157.53) 0.00% 301-8617-4189 Medicare Benefits - 2.44 15.09 - (15.09) 0.00% 301-8617-4201 Contract Serv/Private 49,130.00 - - 39,733.96 9,396.04 80.88% 51,560.00 223.34 1,354.48 39,733.96 10,471.56 79.69%
Tsunami Siren (618)
150-8618-4201 Contract Serv/Private 4,700.00 - - - 4,700.00 0.00% 301-8618-4201 Contract Serv/Private 23,825.00 - - - 23,825.00 0.00% 28,525.00 - - - 28,525.00 0.00%
Kelly Courts Improvements (619)
122-8619-4201 Contract Serv/Private 250,000.00 - - - 250,000.00 0.00% 125-8619-4201 Contract Serv/Private 310,000.00 - - - 310,000.00 0.00% 301-8619-4102 Regular Salaries 40,128.00 2,584.30 16,081.24 - 24,046.76 40.07% 301-8619-4180 Retirement - 247.67 1,510.18 - (1,510.18) 0.00% 301-8619-4188 Employee Benefits - 365.20 2,221.93 - (2,221.93) 0.00% 301-8619-4189 Medicare Benefits - 37.61 235.63 (235.63) 0.00% 301-8619-4201 Contract Serv/Private 622,975.00 4,949.00 5,826.50 37,012.50 580,136.00 6.88% 1,223,103.00 8,183.78 25,875.48 37,012.50 1,160,215.02 5.14% City Wide Roof Repair (620)
301-8620-4102 Regular Salaries 7,527.00 491.40 3,014.62 - 4,512.38 40.05% 301-8620-4180 Retirement - 48.72 295.17 - (295.17) 0.00% 301-8620-4188 Employee Benefits - 71.96 463.01 - (463.01) 0.00% 301-8620-4189 Medicare Benefits - Page 313 of 562 7.14 43.87 - (43.87) 0.00% Adjusted Year-to-date Year-to-date
Project Title/Account Number Appropriation Expenditures Expenditures Encumbrances Balance Prct Used CIP Report by Project
12/31/2024
City Wide Roof Repair (620)
301-8620-4201 Contract Serv/Private 209,969.00 - 10,440.50 - 199,528.50 4.97% 217,496.00 619.22 14,257.17 - 203,238.83 6.56%
Comprehensive Downtown Lighting Assessment (621)
301-8621-4102 Regular Salaries 7,716.00 502.83 3,131.00 - 4,585.00 40.58% 301-8621-4180 Retirement - 53.98 328.17 - (328.17) 0.00% 301-8621-4188 Employee Benefits - 70.60 483.42 - (483.42) 0.00% 301-8621-4189 Medicare Benefits - 7.31 45.55 - (45.55) 0.00% 301-8621-4201 Contract Serv/Private 142,284.00 - - - 142,284.00 0.00% 150,000.00 634.72 3,988.14 - 146,011.86 2.66%
Pier Structural Inspection and Evaluation (623)
122-8623-4102 Regular Salaries 39,369.00 2,339.00 14,637.43 - 24,731.57 37.18% 122-8623-4180 Retirement - 218.96 1,334.71 - (1,334.71) 0.00% 122-8623-4188 Employee Benefits - 326.69 2,157.95 - (2,157.95) 0.00% 122-8623-4189 Medicare Benefits - 34.05 214.64 - (214.64) 0.00% 122-8623-4201 Contract Serv/Private 336,131.00 - - 291,000.00 45,131.00 86.57% 190-8623-4201 Contract Serv/Private 141,600.00 - - - 141,600.00 0.00% 517,100.00 2,918.70 18,344.73 291,000.00 207,755.27 59.82% CDBG Improvements (624)
140-8624-4201 Contract Serv/Private 147,148.00 - - 147,148.00 - 100.00% 147,148.00 - - 147,148.00 - 100.00%
City Wide ADA Improvements (625)
301-8625-4102 Regular Salaries 11,961.00 690.11 4,340.66 - 7,620.34 36.29% 301-8625-4180 Retirement - 62.42 381.13 - (381.13) 0.00% 301-8625-4188 Employee Benefits - 94.83 612.85 - (612.85) 0.00% 301-8625-4189 Medicare Benefits - 10.04 63.92 - (63.92) 0.00% 301-8625-4201 Contract Serv/Private 238,039.00 - - - 238,039.00 0.00% 250,000.00 857.40 5,398.56 - 244,601.44 2.16%
Municipal Pier Structural Assess/Repairs (629)
122-8629-4201 Contract Serv/Private 2,380.00 - - 8,721.25 (6,341.25) 366.44% 191-8629-4201 Contract Serv/Private 4,422.00 - - 4,546.15 (124.15) 102.81% 6,802.00 - - 13,267.40 (6,465.40) 195.05%
Municipal Pier Electrical Repairs (660)
122-8660-4201 Contract Serv/Private - - - 23,767.00 (23,767.00) 0.00% - - - 23,767.00 (23,767.00) 0.00%
City Park Restroom Renovations (669)
301-8669-4201 Contract Serv/Private 6,639.00 - 7,208.43 - (569.43) 108.58% 6,639.00 - 7,208.43 - (569.43) 108.58%
Parking Lot D Improvements (682)
149-8682-4201 Contract Serv/Private 200,000.00 - - - 200,000.00 0.00% 150-8682-4201 Contract Serv/Private 857,600.00 - - - 857,600.00 0.00% 161-8682-4201 Contract Serv/Private 781,906.00 - - - 781,906.00 0.00% 301-8682-4201 Contract Serv/Private 32,800.00 - 4,150.00 28,650.00 - 100.00% 1,872,306.00 - 4,150.00 28,650.00 1,839,506.00 1.75%
Real Time Crime Center (685)
150-8685-4201 Contract Serv/Private 963,000.00 - - - 963,000.00 0.00% 963,000.00 - - - 963,000.00 0.00%
Clark Building Renovations (689)
122-8689-4201 Contract Serv/Private 224,832.00 - 213,590.40 11,241.60 - 100.00% 301-8689-4102 Regular Salaries 56,087.00 3,766.13 23,590.61 - 32,496.39 42.06% 301-8689-4180 Retirement - Page 314 of 562 357.35 2,179.84 - (2,179.84) 0.00% Adjusted Year-to-date Year-to-date
Project Title/Account Number Appropriation Expenditures Expenditures Encumbrances Balance Prct Used CIP Report by Project
12/31/2024
Clark Building Renovations (689)
301-8689-4188 Employee Benefits - 523.39 3,418.60 - (3,418.60) 0.00% 301-8689-4189 Medicare Benefits - 54.63 345.17 - (345.17) 0.00% 301-8689-4201 Contract Serv/Private 3,338,710.00 397,727.79 448,297.64 2,377,208.42 513,203.94 84.63% 3,619,629.00 402,429.29 691,422.26 2,388,450.02 539,756.72 85.09% 14th Street Beach Restroom Improvements (692)
122-8692-4201 Contract Serv/Private 373,714.00 - - - 373,714.00 0.00% 125-8692-4201 Contract Serv/Private 44,185.00 - - - 44,185.00 0.00% 160-8692-4201 Contract Serv/Private 61,946.00 - - - 61,946.00 0.00% 479,845.00 - - - 479,845.00 0.00%
Parking Lot A Improvements (695)
190-8695-4102 Regular Salaries 38,028.00 2,459.16 15,378.40 - 22,649.60 40.44% 190-8695-4180 Retirement - 227.75 1,386.03 - (1,386.03) 0.00% 190-8695-4188 Employee Benefits - 341.60 2,241.20 - (2,241.20) 0.00% 190-8695-4189 Medicare Benefits - 35.79 225.36 - (225.36) 0.00% 190-8695-4201 Contract Serv/Private 498,352.00 - - - 498,352.00 0.00% 536,380.00 3,064.30 19,230.99 - 517,149.01 3.59%
Police Station Improvements (696)
301-8696-4201 Contract Serv/Private - - 7,119.56 - (7,119.56) 0.00% - - 7,119.56 - (7,119.56) 0.00%
Parking Structure (Lot C) Improvements (699)
122-8699-4201 Contract Serv/Private 938,000.00 - - - 938,000.00 0.00% 149-8699-4201 Contract Serv/Private 69,370.00 - - - 69,370.00 0.00% 161-8699-4201 Contract Serv/Private 124,800.00 - - - 124,800.00 0.00% 190-8699-4102 Regular Salaries 38,914.00 2,740.35 17,064.25 - 21,849.75 43.85% 190-8699-4180 Retirement - 257.03 1,566.08 - (1,566.08) 0.00% 190-8699-4188 Employee Benefits - 386.94 2,448.58 - (2,448.58) 0.00% 190-8699-4189 Medicare Benefits - 39.88 249.93 - (249.93) 0.00% 190-8699-4201 Contract Serv/Private 959,288.00 - - - 959,288.00 0.00% 301-8699-4102 Regular Salaries 16,517.00 1,073.75 6,604.06 - 9,912.94 39.98% 301-8699-4180 Retirement - 103.57 629.24 - (629.24) 0.00% 301-8699-4188 Employee Benefits - 156.91 962.95 - (962.95) 0.00% 301-8699-4189 Medicare Benefits - 15.60 96.37 - (96.37) 0.00% 301-8699-4201 Contract Serv/Private 767,977.00 - 36,642.89 96,323.87 635,010.24 17.31% 2,914,866.00 4,774.03 66,264.35 96,323.87 2,752,277.78 5.58% Tree Well Grates (760)
301-8760-4201 Contract Serv/Private - - - 9,668.05 (9,668.05) 0.00% - - - 9,668.05 (9,668.05) 0.00%
Grand Total 30,819,110.20 782,432.87 1,837,928.71 7,678,981.60 21,302,199.89 30.88% 001 General Fund
115 State Gas Tax Fund
122 Tyco Fund
125 Park/Rec Facility Tax Fund
140 CDBG Fund
146 Proposition C Fund
Legend of Fund Numbers

Adjusted Year-to-date Year-to-date
Project Title/Account Number Appropriation Expenditures Expenditures Encumbrances Balance Prct Used CIP Report by Project
12/31/2024
147 Measure R Fund
148 Measure M Fund
149 Measure W Fund
150 Grant Fund
160 Sewer Fund
161 Storm Drain
190 RTI Undersea Cable
191 RTI Undersea Cable Tidelands
301 Capital Improvement Fund
Legend of Fund Numbers

City of Hermosa Beach | Page 1 of 1
Meeting Date: January 28, 2025
Staff Report No. 25-AS-011
Honorable Mayor and Members of the Hermosa Beach City Council

CASH BALANCE REPORT
(Administrative Services Director Brandon Walker)
Recommended Action:

Staff recommends City Council receive and file the December 2024 Cash Balance Report.

Executive Summary:

The Cash Balance Report provides a summary of the beginning and ending cash balances for all funds during the specified period.

Attachment:

December 2024 Cash Balance Report
Respectfully Submitted by: Brandon Walker, Administrative Services Director Reviewed by: Angela Crespi, Deputy City Manager
Approved: Suja Lowenthal, City Manager

GENERAL ACCOUNT
FUND 11/30/2024 12/31/2024

NUMBER FUND NAME BALANCE CASH ADJUSTMENTS CHECKS ADJUSTMENTS BALANCE 001 GENERAL $7,076,852.10 $10,062,484.07 ($1,677,679.61) ($1,463,902.44) ($270,982.54) $13,726,771.58 105 LIGHTING/LANDSCAPING ($102,705.02) $180,288.06 $2,666.70 ($39,385.81) (1,102.35) $39,761.58 115 STATE GAS TAX $1,100,643.79 $89,535.11 ($36,904.93) ($8,360.00) (1,494.25) $1,143,419.72 117 AB939 $145,426.10 $3,673.47 $396.59 ($1,217.34) $148,278.82 121 PROP A OPEN SPACE ($129,564.72) ($5,460.00) ($135,024.72) 122 TYCO $2,212,632.08 $42,978.06 $1,581.45 (57,000.00) (632.41) $2,199,559.18 125 PARK REC FAC TAX $383,384.98 $1,028.17 $384,413.15
135 BAYVIEW DRIVE DISTRICT ADMIN EXPENSE $4,780.28 $4,933.50 ($225.72) (409.80) $9,078.26 138 LOMA DISTRICT ADMIN EXPENSE $22.86 $0.07 $22.93
139 BEACH DRIVE ASSESSMENT DISTRICT ADMIN EXPENSE $3,133.00 ($200.49) $2,932.51 140 COMMUNITY DEVELOPMENT BLOCK GRANT $1.33 $1.33
145 PROPOSITION A $727,816.41 $42,796.42 $2,061.85 ($1,792.42) $770,882.26 146 PROPOSITION C $1,386,146.85 $35,498.48 $53,061.00 ($23,626.89) (334.91) $1,450,744.53 147 MEASURE R $937,031.58 $26,611.54 $2,468.77 (17.80) $966,094.09 148 MEASURE M $442,220.00 $30,129.39 ($50,354.24) $421,995.15 149 MEASURE W $726,710.83 $156,536.42 $817.34 (222.23) $883,842.36 150 GRANTS $315,737.29 $53,148.59 ($624,200.54) ($183,324.65) ($438,639.31) 152 AIR QUALITY MANAGEMENT DISTRICT $116,775.89 $6,490.34 ($37.17) (23.30) $123,205.76 153 SUPPLEMENTAL LAW ENFORCEMENT SERVICES $552,632.69 $32,921.07 $1,489.90 ($30,000.00) $557,043.66 157 FEMA/CalOES ($633,854.10) ($633,854.10)
158 CARES ACT $0.35 $0.35
159 AMERICAN RESCUE PLAN ACT (ARPA) ($0.00) ($0.00)
160 SEWER MAINTENANCE $4,264,601.16 $508,131.00 ($33,144.59) ($50,113.32) (3,953.83) $4,685,520.42 161 STORM DRAIN FUND $2,713,068.10 $35,404.76 ($22,822.55) (2,652.41) $2,722,997.90 170 ASSET SEIZURE/FORFEITURE $619,438.34 $1,661.23 $621,099.57 180 FIRE PROTECTION $11,222.76 $364.16 $31.09 $11,618.01 190 RTI UNDERSEA CABLE $1,280,124.72 $46,531.50 ($2,172.25) (840.18) $1,323,643.79 191 RTI UNDERSEA CABLE TIDELANDS $452,491.27 $1,213.51 $453,704.78 201 2015 LEASE REVENUE BONDS $95,222.53 ($54,365.68) $40,856.85 301 CAPITAL IMPROVEMENT $14,112,403.09 $13,457.60 ($651,753.16) (3,363.58) $13,470,743.95 313 GREENWICH VILLAGE UTILITY UNDERGROUND $58,572.80 $58,572.80 609 BAYVIEW DRIVE REDEMPTION $41,368.16 $7,834.64 $131.95 $49,334.75 610 LOWER PIER DISTRICT REDEMPTION $3,440.01 $9.23 $3,449.24 611 BEACH DRIVE ASSESSMENT DISTRICT REDEMPTION $2,222.99 $5.96 $2,228.95 612 BEACH DRIVE ASSESSMENT DISTRICT RESERVE $5,052.84 $13.56 $5,066.40 617 MYRTLE AVE ASSESSMENT FUND $52,130.58 $52,130.58
618 LOMA DRIVE ASSESSMENT FUND $90,040.31 $90,040.31
619 BAYVIEW DRIVE DISTRICT RESERVE $16,586.21 $44.48 $16,630.69 705 INSURANCE $8,454,107.20 $9,681.51 $349,643.41 (220,425.13) (1,194.28) $8,591,812.71 715 EQUIPMENT REPLACEMENT $8,417,793.42 $16,662.28 $147,567.56 ($55,839.56) ($2,652.59) $8,523,531.11 TOTAL GENERAL ACCOUNT $55,955,711.06 $62,343,511.90

BALANCE BALANCE
ACCOUNTS 11/30/2024 DEPOSITS CHARGES 12/31/2024
PAYROLL $50,008.49 $3,021,713.98 ($2,161,718.04) $910,004.43 CABLE TV DEPOSIT $16,763.73 $16,763.73
$66,772.22 $3,021,713.98 ($2,161,718.04) $926,768.16
TOTAL ALL ACCOUNTS $63,270,280.06

BANK BALANCES
INVESTMENTS GENERAL $12,028,406.41
$50,470,987.53 TRUST ACCOUNTS $983,873.47
$13,012,279.88
OUTSTANDING CHECKS ($212,987.35)
INTEREST COLLECTED $12,799,292.53
FOR THE MONTH OF DECEMBER 2024 INVESTMENTS $50,470,987.53 $122,654.54 BALANCE $63,270,280.06
APPROVED : BRANDON WALKER, ADMINISTRATIVE SERVICES DIRECTOR

CASH BALANCE REPORT
DECEMBER 2024

City of Hermosa Beach | Page 1 of 1
Meeting Date: January 28, 2025
Staff Report No. 25-AS-010
Honorable Mayor and Members of the Hermosa Beach City Council CITY’S TREASURER’S REPORT
(City Treasurer David Pedersen)
Recommended Action:

The City Treasurer recommends City Council receive and file the December 2024 City Treasurer’s Report.

Executive Summary:

Investments in the report meet the requirements of the City of Hermosa Beach’s adopted investment policy.

Attached is report of all inactive public deposits for the month of December 2024. This is the most current investment information available.

Attachment:

December 2024 City Treasurer’s Report
Respectfully Submitted by: David Pedersen, City Treasurer Noted for Fiscal Impact: Brandon Walker, Administrative Services Director Reviewed by: Angela Crespi, Deputy City Manager
Approved: Suja Lowenthal, City Manager

INSTITUTIONS

RATE YIELD

DATE OF DATE OF ORIGINAL MARKET COST/MARKET FACE/PAR OF TO INVESTMENT TYPE/INSTITUTION CUSIP # BOOK VALUE INVESTMENT MATURITY COST VALUE DIFFERENCE VALUE INTEREST MATURITY

POOLED INVESTMENTS
LAIF (Local Agency Investment Fund) $ 19,169,933.59 $ 19,169,933.59 $19,162,687.07 1 ($7,246.52) $ 19,169,933.59 4.710% LACPIF (Los Angeles County Pooled Investment Funds) $ 21,468,163.36 $ 21,468,163.36 $20,748,788.08 2 ($719,375.28) $21,468,163.36 3.730% 3

Pooled Investments % of Total Investment 80.518% $40,638,096.95 $ 40,638,096.95 $39,911,475.14 ($726,621.81) $40,638,096.95

AGENCIES
Fannie Mae 3135G05X7 $499,738.74 12/14/2020 08/25/2025 $498,258.50 $487,480.00 ($10,778.50) $500,000.00 0.375% 0.450%

Agencies % of Total Investment 0.990% $499,738.74 $498,258.50 $487,480.00 ($10,778.50) $500,000.00 U.S. GOV'T AGENCY BONDS/NOTES
US Treasury Note/Bond 91282CAZ4 $498,399.16 4/13/2021 11/30/2025 $492,109.38 $482,825.00 ($9,284.38) $500,000.00 0.375% 0.722% US Treasury Note/Bond 91282CCF6 $499,474.06 6/9/2021 5/31/2026 $498,145.00 $476,190.00 ($21,955.00) $500,000.00 0.750% 0.826% US Treasury Note/Bond 91282CCP4 $249,492.93 8/11/2021 7/31/2026 $248,115.46 $236,250.00 ($11,865.46) $250,000.00 0.625% 0.780% US Treasury Note/Bond 91282CBT7 $500,228.91 9/30/2021 3/31/2026 $500,878.91 $478,905.00 ($21,973.91) $500,000.00 0.750% 0.710% US Treasury Note/Bond 912828Z78 $499,458.99 1/26/2022 1/31/2027 $498,692.19 $472,815.00 ($25,877.19) $500,000.00 1.500% 1.555% US Treasury Note/Bond 91282CAL5 $452,527.13 10/31/2022 9/30/2027 $415,109.37 $449,885.00 $34,775.63 $500,000.00 0.375% 4.237% US Treasury Note/Bond 91282CEB3 $455,050.64 2/29/2024 2/28/2029 $445,812.50 $452,795.00 $6,982.50 $500,000.00 1.875% 4.307% US Treasury Note/Bond 91282CFL0 $498,583.92 10/22/2024 9/30/2029 $498,527.34 $489,065.00 ($9,462.34) $500,000.00 3.875% 3.941% US Treasury Note/Bond 91282CFT3 $496,936.10 10/31/2024 10/31/2029 $496,828.13 $491,525.00 ($5,303.13) $500,000.00 4.000% 4.142% U.S. Gov't Agency Bonds/Notes 8.223% $4,150,151.84 $4,094,218.28 $4,030,255.00 ($63,963.28) $4,250,000.00

NEGOTIABLE CDS
Live Oak Banking 538036HP2 $249,000.00 01/24/2020 01/20/2025 $249,000.00 $248,636.74 ($363.26) $249,000.00 1.850% 1.850% Horizon Bank 44042TCD4 $249,000.00 04/15/2020 04/15/2025 $249,000.00 $246,702.07 ($2,297.93) $249,000.00 1.300% 1.300% Medallion Bank Utah 58404DLL3 $249,000.00 08/30/2021 08/31/2026 $249,000.00 $236,159.96 ($12,840.04) $249,000.00 0.850% 0.850% Synchrony Bank 87165FE42 $249,000.00 11/12/2021 11/12/2026 $249,000.00 $235,827.35 ($13,172.65) $249,000.00 1.100% 1.100% Toyota Financial Savings 89235MMB4 $249,000.00 11/12/2021 11/12/2026 $249,000.00 $235,827.35 ($13,172.65) $249,000.00 1.100% 1.100% Capital One BK USA Natl Ass 14042TGL52 $246,000.00 6/8/2022 6/2/2027 $246,000.00 $241,371.86 ($4,628.14) $246,000.00 3.199% 3.199% Capital One Natl Assn MCLEA 14042RRS21 $246,000.00 6/8/2022 6/2/2027 $246,000.00 $241,371.86 ($4,628.14) $246,000.00 3.199% 3.199% Third FS & LA Cleveland 88413QDN5 $245,000.00 8/23/2022 8/19/2027 $245,000.00 $240,621.02 ($4,378.98) $245,000.00 3.299% 3.299% Discover Bank 254673Q90 $245,000.00 8/23/2022 8/23/2027 $245,000.00 $241,182.40 ($3,817.60) $245,000.00 3.400% 3.400% First National banl 32114VCF2 $249,000.00 2/10/2023 2/10/2028 $249,000.00 $246,203.72 ($2,796.28) $249,000.00 3.700% 3.700% First Business Bank 31938QW42 $245,000.00 2/15/2023 2/15/2028 $245,000.00 $242,545.69 ($2,454.31) $245,000.00 3.750% 3.750% Customers Bank 23204HPB8 $244,000.00 6/14/2023 6/14/2028 $244,000.00 $248,237.18 $4,237.18 $244,000.00 4.450% 4.450% Morgan Stanley Private Bank 61690U7S3 $244,000.00 6/14/2023 6/14/2028 $244,000.00 $253,464.20 $9,464.20 $244,000.00 4.500% 4.500% Park State Bank 70086VAY7 $249,000.00 8/9/2023 8/17/2028 $249,000.00 $257,963.51 $8,963.51 $249,000.00 4.400% 4.400% United Fidelity Bank 910286GUI $249,000.00 8/9/2023 8/17/2028 $249,000.00 $253,709.66 $4,709.66 $249,000.00 4.500% 4.500% Northpoint Bank 666613MK7 $248,000.00 10/20/2023 10/20/2028 $248,000.00 $256,120.59 $8,120.59 $248,000.00 4.850% 4.850% Southern First Bank 7954504W2 $244,000.00 10/17/2023 10/27/2028 $244,000.00 $252,551.59 $8,551.59 $244,000.00 4.850% 4.850% UBS BK USA 90355GHQ2 $248,000.00 11/9/2023 11/8/2028 $248,000.00 $257,649.30 $9,649.30 $248,000.00 5.000% 5.000% First State Bank 3365IMAL8 $248,000.00 11/16/2023 11/16/2028 $248,000.00 $256,455.00 $8,455.00 $248,000.00 4.900% 4.900% Morgan Stanley 61768E5C3 $244,000.00 6/12/2024 6/12/2029 $244,000.00 $251,389.74 $7,389.74 $244,000.00 4.700% 4.700% BNY Mellon 05584CPN0 $244,000.00 6/12/2024 6/12/2029 $244,000.00 $247,736.35 $3,736.35 $244,000.00 4.450% 4.450% Negotiable CD % of Total Investment 10.269% $5,183,000.00 $5,183,000.00 $5,191,727.14 $8,727.14 $5,183,000.00 TOTAL ALL INVESTMENTS $ 50,470,987.53 $ 50,413,573.73 $ 49,620,937.28 $ (792,636.45) $ 50,571,096.95 Average Rate of Interest 2.918%
Average Yield to Maturity 3.065%
1 Rate publishes quarterly. 2 November rate publishes the first week of January. 3 November rate publishes the last week of December.

In compliance with the California Code Section 53646, the Treasurer of the City of Hermosa Beach hereby certifies that sufficient investment liquidity and anticipated revenues are available to meet the City's budgeted expenditure requirements for the next six months.

APPROVED: DAVID PEDERSEN, CITY TREASURER

TREASURER'S REPORT
DECEMBER 2024

City of Hermosa Beach | Page 1 of 1
Meeting Date: January 28, 2025
Staff Report No. 25-CDD-021
Honorable Mayor and Members of the Hermosa Beach City Council

ACTION MINUTES OF THE PLANNING COMMISSION REGULAR MEETING OF JANUARY 21, 2025
(Planning Manager Alexis Oropeza)
Recommended Action:

Staff recommends City Council receive and file the action minutes of the Planning Commission regular meeting of January 21, 2025.

Attachment:

Planning Commission Action Minutes Regular Meeting of January 21, 2025 Respectfully Submitted by: Alexis Oropeza, Planning Manager Reviewed by: Angela Crespi, Deputy City Manager
Approved: Suja Lowenthal, City Manager

1 CITY OF HERMOSA BEACH
Planning Commission
Meeting Minutes
_____________________________________________________________________

1. CALL TO ORDER
Chairperson Pedersen called the meeting to order at 7:01 p.m.

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

3. ROLL CALL
Chairperson Pedersen announced a quorum.

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

Moved by: Commissioner Peter Hoffman
Seconded by: Commissioner Michael Flaherty
Ayes (5): Chairperson David Pedersen, Vice Chair Kate Hirsh, Commissioner Peter Hoffman, Commissioner Stephen Izant, and Commissioner Michael Flaherty
January 21, 2025
Open Session 7:00 PM
Council Chambers
1315 Valley Drive
Hermosa Beach, CA 90254
Members Present: Chairperson David Pedersen, Vice Chair Kate Hirsh, Commissioner Peter Hoffman, Commissioner Stephen
Izant, Commissioner Michael Flaherty

2 Motion Carried

5. PUBLIC COMMENT
In-Person public comments:
 Chad Kroeger
 J.T. Parr

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

6.a ACTION MINUTES OF THE PLANNING COMMISSION REGULAR
MEETING OF DECEMBER 16, 2024 - 25-CDD-014
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

7. PUBLIC HEARING

7.a CITY-INITIATED REQUEST FOR THE MODIFICATION OR
REVOCATION OF THE CONDITIONAL USE PERMIT (CUP25-
01/APE25-01) FOR ON-SALE ALCOHOL (BEER AND WINE) AT AN
EXISTING RESTAURANT, RAMEN AND SUSHIYA INC. - 25-CDD-020 Planning Manager Oropeza provided a presentation.

Police Chief LeBaron provided comments.

Alcohol Beverage Control Agent Connolly provided comments.

Chairperson Pedersen provided comments.

Police Officer Keaton Dadigan provided comments.

Chairperson Pedersen provided comments.

Commissioner Hoffman provided comments.

Commissioner Flaherty provided comments.

Chairperson Pedersen provided comments.

In-Person public comments:
 Jung Jun Lee (with daughter translating)

3 Virtual public comments:
 Jon David
Chairperson Pedersen provided comments.

Commissioner Hoffman provided comments.

Planning Manager Oropeza provided comments.

Commissioner Flaherty provided comments.

Chairperson Pedersen provided comments.

Alcohol Beverage Control Agent Connolly provided comments.

Chairperson Pedersen provided comments.

Commissioner Izant provided comments.

Planning Manager Oropeza provided comments.

City Attorney Donegan provided comments.

Commissioner Flaherty provided comments.

Police Chief LeBaron provided comments.

Alcohol Beverage Control Agent Connolly provided comments.

Commissioner Hoffman provided comments.

Commissioner Izant provided comments.

Vice Chair Hirsh provided comments.

Commissioner Flaherty provided comments.

Chairperson Pedersen provided comments.

Motion: To adopt a resolution for the revocation (CUP25-01/APE25-01) of a Conditional Use Permit allowing on-sale alcohol (Beer and Wine) at an existing restaurant Ramen and Sushiya Inc. (Previously Aka Sushi and Ramen) located at 1121 Aviation Boulevard in the General Commercial (C3) Zone; and determine the project is categorically exempt from the California Environmental Quality Act (CEQA).

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

4 Planning Manager Oropeza provided comments.

City Attorney Donegan provided comments.

Chairperson Pedersen provided comments.

8. STAFF ITEMS

8.a COMMUNITY DEVELOPMENT DIRECTOR REPORT
Planning Manager Oropeza acknowledged Acting City Clerk Reanna Guzman for her assistance in tonight’s meeting. She also introduced our new Assistant Planner Johnny Case and introduced Code Enforcement Officer Suzanne Calderon who took part in tonight’s meeting.

At the City Council meeting on January 14th, a second reading for the Zone Text Amendment to update chapter 17.21 pertaining to ADU’s and JADU’s took place.

City Council upheld the Planning Commissions’ original decision to update the Zoning Code to reflect State law, making one amendment to modify the building separation. That will return to City Council for a first reading in February.

9. PLANNING COMMISSION COMMENTS
Chairperson Pedersen announced that his last meeting will be in February and that applications are being accepted for a new Planning Commissioner. We currently have no applicants.

Commissioner Hoffman asked for the location of the Planning Commissioner application. Acting City Clerk Guzman shared where the application can be located on hermosabeach.gov on the City Clerk’s page under Forms and Applications for Boards and Commissions.

10. FUTURE AGENDA ITEMS

10.a PLANNING COMMISSION TENTATIVE AGENDA - 25-CDD-015
Motion: To receive and file the Planning Commission Tentative Future Agenda for February 18, 2025.

Moved by: Commissioner Peter Hoffman
Seconded by: Commissioner Stephen Izant
Commissioner Flaherty provided a voice vote for 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

5 Motion: To adjourn meeting until the next Planning Commission meeting on February 18, 2025.

Moved by: Commissioner Peter Hoffman
Seconded by: Commissioner Michael Flaherty
A voice vote was taken for this item.

Ayes (5): Chairperson David Pedersen, Vice Chair Kate Hirsh, Commissioner Peter Hoffman, Commissioner Stephen Izant, and Commissioner Michael Flaherty
Motion Carried
The meeting was adjourned at 8:22 p.m.

City of Hermosa Beach | Page 1 of 1
Meeting Date: January 21, 2025
Staff Report No. 25-CDD-022
Honorable Chairperson and Members of the Hermosa Beach Planning Commission

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

Staff recommends Planning Commission receive and file the February 18, 2025 Planning Commission tentative future agenda.

Attachment:

Planning Commission February 18, 2025 Tentative Future Agenda Respectfully Submitted by: Alexis Oropeza, Planning Manager Approved: Suja Lowenthal, City Manager

C:\Program Files\eSCRIBE\TEMP\22384091363\22384091363,,,Planning Commission Tentative Agenda for February 18, 2025.docx Revised 01/23/2025 10:38 PM
Tentative Future Agenda

PLANNING COMMISSION
City of Hermosa Beach
Tuesday, February 18, 2025
Regular Meeting
7:00 PM
Project Title Public
Notice
Meeting
Date
Zoning Code Amendment – Temporary Minor Special Events
(Public Hearing)
2/8/25 2/18/25
1601 Pacific Coast Highway – Parking Plan for Hermosa
Pavillion (Public Hearing)
2/8/25 2/18/25
Tri-Annual Report for July 1, 2024 – Dec. 31, 2024
(Staff Item)
n/a 2/18/25
Upcoming and Pending Projects
Zoning Code – More Study Sessions to come
901 Hermosa Avenue Precise Development Plan
(Public Hearing)
819 - 825 Bard Street 5-Unit Condominium Project
(Public Hearing)
Tri-Annual Report for July 1, 2024 – Dec. 31, 2024
(Public Hearing in March 2025)

City of Hermosa Beach | Page 1 of 7
Meeting Date: January 28, 2025
Staff Report No. 25-CDD-023
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 January 14, 2025 meeting, the City Council took action to modify the draft Ordinance, amending 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”). The City Council’s modification maintains the current height limit for detached ADUs and reflects state law. 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.

City of Hermosa Beach | Page 2 of 7
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.

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.

At its January 14, 2025 meeting, the City Council, on the second reading of the ordinance, modified ZTA 24-03. The City Council acted to introduced the amendment on first reading to maintain the height limit of detached ADUs as currently adopted.

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

City of Hermosa Beach | Page 3 of 7
Meeting Date Description
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

17.21 of the Hermosa Beach Municipal Code Regarding
ADUs and JADUs
November 12, 2024
City Council approves Zone Text Amendment 24-03 with
local amendments pertaining to building separation and
height of detached ADUs and adopts an urgency ordinance January 14, 2025
City Council considered Zone Text Amendment 24-03 on
the second reading and took action to further amend the ordinance in order to maintain the current height standard for detached ADUs.

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 the 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.

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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 the 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.

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 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

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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 City of Hermosa Beach | Page 5 of 7 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. On January 14, 2025, the City Council considered the adoption of the Ordinance on second reading and took action to modify Zone Text Amendment 24-03 to maintain the current height requirements mirroring state law. Specifically, allowing a height of 16 feet for detached ADUs, with an 18-foot height limit allowed when the ADU is 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 primary dwelling unit.

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.

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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.

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 are vital to encourage and facilitate the construction of ADUs and JADUs in full alignment with state law.

Environmental:

Under California Public Resources Code Section 21080.17, CEQA does not apply to the adoption of an ordinance by a city or county implementing the provisions of Article 2 of Chapter 12 of Division 1 of Title 7 of the Government Code, which is California’s ADU law and which also regulates JADUS, as defined by Section 66313. Therefore, adopting the

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proposed ordinance is statutorily exempt from CEQA because it implements state ADU law.

Public Notification:

For the January 28, 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. Senate Bill 2533 (Chaptered)
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

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.

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:

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:
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 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 16 feet in height.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.

2. A detached ADU may be up to 18 feet in height if it is created on a lot with an existing or proposed single family or multifamily dwelling unit that is located within one-half walking distance of a major transit stop or a high quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, and the ADU may be up to two additional feet in height (for a maximum of 20 feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.

3. 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.

4. 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.

5. 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.

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 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).

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.

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.
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.

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.

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.

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 28th 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:
______________________________ ____________________________ Myra Maravilla Patrick Donegan
City Clerk City Attorney

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.
10/9/24, 3:20 PM California-2023-SB1211-Chaptered
https://legiscan.com/CA/text/SB1211/id/3021784/California-2023-SB1211-Chaptered.html 1/6

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.
10/9/24, 3:20 PM California-2023-SB1211-Chaptered
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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:
10/9/24, 3:20 PM California-2023-SB1211-Chaptered
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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.
10/9/24, 3:20 PM California-2023-SB1211-Chaptered
https://legiscan.com/CA/text/SB1211/id/3021784/California-2023-SB1211-Chaptered.html 5/6

(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.

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.

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

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

City of Hermosa Beach | Page 1 of 1
Meeting Date: January 28, 2025
Staff Report No. 25-PW-006
Honorable Mayor and Members of the Hermosa Beach City Council

ACTION MINUTES OF THE PUBLIC WORKS COMMISSION MEETING OF NOVEMBER 20, 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 November 20, 2024.

Attachment:

Action Minutes of the November 20, 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

1 CITY OF HERMOSA BEACH

PUBLIC WORKS COMMISSION MEETING MINUTES
November 20, 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 David Grethen, Commissioner Kathy Dunbabin, Commissioner Thor Legvold
_____________________________________________________________________

1. CALL TO ORDER
Chairperson Brittain called the Open Session to order at 6:04

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

3. ROLL CALL
Associate Engineer Andrew Nguyen announced a quorum.

4. APPROVAL OF AGENDA
Chairperson Brittan corrected the agenda with Item 13a to be Item 12a.

Moved by: Vice Chairperson Scott Hayes
Seconded by: Commissioner Thor Legvold
Motion to approve the agenda with the corrected Item 12a to go after Item 5.

Ayes (5): Chairperson Janice Brittain, Vice Chairperson Scott Hayes, Commissioner David Grethen, Commissioner Kathy Dunbabin, and Commissioner Thor Legvold
Motion Carried

5. ANNOUNCEMENTS—UPCOMING CITY EVENTS
Vice Chairperson Hayes announced the event Hermosa for the Holidays.

Chairperson Brittan announced the event Beach Cities Toy Drive.

2 6. PRESENTATIONS
No presentations.

7. PUBLIC WORKS DIRECTOR REPORT

7.a Director's Update
Director SanClemente provided an update that included staffing, sand berm, trash cans, Hermosa for the Holidays, ADA beach mats, and major utility projects.

7.b Activity Reports
Director SanClemente highlighted some items in the monthly activity reports including the living street study session.

7.b.1 September 2024 Monthly Activity Report Public Works

7.b.2 October 2024 Monthly Activity Report Public Works

7.c CIP Status Report
Director SanClemente provided an update on the City's CIPs.

Vice Chairperson Hayes expressed disappointment with the City Council's decision to place CIP 682 Parking Lot D on hold until the FY 2025-26 budget discussions.

7.c.1 November 2024 Capital Improvement Program Status Report

8. PUBLIC COMMENT
No public comments.

9. COMMISSIONER COMMENTS

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

9.b Brief Announcements
Commissioner Grethen attended the Civic Center tours at City Hall, the Living Streets Study Session, and the Neighborhood Transportation Management Plan meeting.

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

Chairperson Brittan thanked for the joint meeting with Parks, Recreation, & Community Resources Advisory Commission for the Parks Master Plan.

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

3 Chairperson Brittan, Vice Chairperson Hayes, and Commissioner Grethen have started a new term on the Public Works Commission.

10. CONSENT CALENDAR
Commissioner Grethen abstains due to not being present at the September 18, 2024 Public Works Commission meeting.

Moved by: Vice Chairperson Scott Hayes
Seconded by: Commissioner Kathy Dunbabin
Motion to approve the consent calendar.

Ayes (4): Chairperson Janice Brittain, Vice Chairperson Scott Hayes, Commissioner Kathy Dunbabin, and Commissioner Thor Legvold Abstained (1): Commissioner David Grethen
Motion Carried

10.a Action Minutes of the September 18, 2024 Public Works Commission Meeting

11. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE

DISCUSSION

12. PUBLIC HEARINGS

13. MATTERS FOR COMMISSION CONSIDERATION

13.a REQUEST TO REMOVE AND REPLACE ONE TREE IN THE PUBLIC RIGHT OF WAY AT 15TH STREET - 24-PW-040
Staff recommends City Council:

1. Approve the removal of one Indian Laurel Fig Tree on the Parkway fronting 964 15th Street; and

2. Accept the installation of two replacement trees per the approved parkway tree list as part of CIP 105 – Annual Street Improvements Assistant Engineer Briana Aube presented on the request to remove and replace one tree on 15th St.

Chairperson Brittain, Vice Chairperson Hayes, Commissioner Grethen, Commissioner Legvold, Commissioner Dunbabin all provided comments/questions.

Moved by: Commissioner Kathy Dunbabin
Motion to accept staff recommendation with an amendment by Chairperson Brittian for staff to consider the spacing of the replacement trees.

4 Motion Failed
Moved by: Vice Chairperson Scott Hayes
Seconded by: Commissioner Kathy Dunbabin
Motion to accept staff recommendation but with one tree to be planted at 964 15th and the second tree to be planted elsewhere as determined by staff.

Ayes (5): Chairperson Janice Brittain, Vice Chairperson Scott Hayes, Commissioner David Grethen, Commissioner Kathy Dunbabin, and Commissioner Thor Legvold
Motion Carried
Moved by: Commissioner David Grethen
Substitute Motion to accept staff recommendation with at least one tree to be planted at 964 15th Street with a second tree to be planted there if approved by an arborist or to be planted elsewhere.

Motion Failed

13.b APPOINTMENT OF PUBLIC WORKS COMMISSION CHAIRPERSON AND VICE CHAIRPERSON AND MEETING SCHEDULE FOR 2025. - 24- PW-042
Staff recommends City Council:

1. Appoint the Public Works Commission Chairperson and Vice Chairperson for January 2025 through December 2025; and

2. Receive and file the Public Works Commission Meeting Schedule for 2025.

Moved by: Commissioner Thor Legvold
Seconded by: Commissioner Kathy Dunbabin
Motion to accept staff recommendation with new Chairperson Hayes and Vice Chairperson Grethen.

Ayes (5): Chairperson Janice Brittain, Vice Chairperson Scott Hayes, Commissioner David Grethen, Commissioner Kathy Dunbabin, and Commissioner Thor Legvold
Motion Carried

14. FUTURE AGENDA ITEMS

15. PUBLIC COMMENT

5 16. ADJOURNMENT
The meeting was adjourned at 7:34

City of Hermosa Beach | Page 1 of 2
Meeting Date: January 28, 2025
Staff Report No. 25-PW-007
Honorable Mayor and Members of the Hermosa Beach City Council CAPITAL IMPROVEMENT PROGRAM STATUS REPORT AS OF JANUARY 16, 2025 (Public Works Director Joe SanClemente)
Recommended Action:

Staff recommends City Council receive and file the Capital Improvement Program Status Report as of January 16, 2025.

Number of Projects by Phase # of Projects
Study/Conceptual Planning 15
Preliminary Design 4
Final Engineering Design 2
Project Approvals/ Bidding 6
Construction 8
Closeout 1
Completed 5
Total Projects 41
Number of Projects by Completion Timeline # of Projects Completed in FY 24–25 11
Completed in FY 25–26 8
Completed after FY 25–26 7
TBD 10
Completed 5
Total Projects 41
Number of Projects by Category # of Projects
Street & Highway Improvements 13
Sewer & Storm Drain Improvements 6
Park Improvements 6
Public Building & Ground Improvements 16
Total Projects 41
Number of Projects by Manager # of Projects

City of Hermosa Beach | Page 2 of 2
Joe SanClemente 2
John Oskoui 1
Saad Malim 1
Heecheol Kwon 1
Brandon Araujo 3
Azita Fakoorbayat 1
Andrew Nguyen 6
Laney Wilson 1
Jonathan Pascual 2
Briana Aube 4
Karla Vargas 4
Magvern By 1
TBD 9
Completed 5
Total Projects 41
Note: *CIP 102, 112, and 193 each consist of two phases, each of which is counted in totals.

Attachment:

Capital Improvement Program Status Report as of January 16, 2025 Respectfully Submitted by: Joe SanClemente, Public Works Director Reviewed by: Angela Crespi, Deputy City Manager
Approved: Suja Lowenthal, City Manager

City of Hermosa Beach
Updated 01-16-2025 UPDATED FY 2024-25 CAPITAL IMPROVEMENT PROGRAM Light Blue indicates project milestone updates.

ADA Component CIP No. Project Name
Project Category Project Budget1 Project Manager
Conceptual Planning
Preliminary Design
Final Engineering Design
Project Approvals/Bidding
Construction
Closeout Estimated Project Completion Date2 Current Project Status Project Description X 105 Annual Street Improvements SH 4,099,470 $ Briana Aube X 11/25 Combined with CIP 695. Project advertised on 12/12/24 (4 months ahead of schedule), bid opening on 01/15/25. Targeting contract award at City Council in February.

This project provides for pavement rehabilitation of various streets throughout the city. The project will also repair/replace deteriorated portions of sidewalk, curb and gutter, and curb ramps.This work will be performed following the sewer and storm drain repairs identified in the Sewer and Drainage Master Plans.This project is combined with CIP 695 Parking Lot A Improvements. 109 Utility Box Wrappings SH 48,500 $ Karla Vargas X 05/25 Art on 7 of the 24 boxes has been designed and installed. Design has been finalized for 14 of the remaining 17 boxes. The scheduled has been extended to allow additional necessary time for PW staff to prepare electronic art work, paint and repair utility boxes, replace of the existing boxes in coordination with SCE, and schedule wrapping.

This project will add decorative paint and/or wraps to city-owned utility boxes throughout the city. The City is engaging a local artist cooperative to create the artwork that will either be painted or applied via vinyl wrap to the boxes. City Yard staff, who have been trained in wrap application, will be involved in this project. 111 Gateway and Wayfinding Signs Conceptual Design SH 48,877 $ Brandon Araujo X 06/25 Project timeline extended due to staffing availability and contract agreement expiration. New agreement has now been executed and staff has resumed advancing the existing conditions inventory assessment and finalizing comments on preliminary design and will be sending to design consultant for refinements, for revised scope of work, including expansion of existing condition inventory and clarifications on new sign recommendations.

This project will evaluate gateway and wayfinding signage throughout the city. Recommendations will include locations, preliminary design, and order of magnitude cost estimates for final design, sign fabrication, and installation.

X 112 Annual City Sidewalk Improvements - Phase 1 SH Karla Vargas X 02/25 Phase 1: Construction contract has been awarded to replace sidewalk on 24th Street at Palm and parkway repair on 21st Street west of PCH; Contract executed. Pre-Con meeting 1/9/25. Construction start sscheduled for 1/21/25.

Phase 1: Project includes the repair and reconstruction of a sidewalk segment on 24th Street at Palm Dr. The removal of two trees is required and the project will replant five trees--two at the same intersection and three at the northwest entrance to Clark Field.

X 112 Annual City Sidewalk Improvements - Phase 2 SH Karla Vargas X 02/27 Phase 2: Scope of Work for the larger project is to be determined and pending staff availability, currently estimated to commence fall 2025. This project provides repairs, grinding, replacement, and improvements to sidewalks throughout the city at various locations to maintain and improve safety. Locations to be determined. 164 Hermosa Avenue Green Street SH 141,740 $ Briana Aube X 11/25 Design completed. Terms of construction MOU approved by Council at the November 12, 2024 meeting executed. City of Torrance would take the lead on advertising the project for construction and is planning to put the project out to bid by end of January 2025.

This project will install permeable gutters to increase stormwater infiltration on Hermosa Avenue, Beach Drive, Herondo Street, 6th Street, 2nd Street, 1st Street, and adjacent streets.This project is part of a multi-city green street project led by the City of Torrance and funded by Measure W.

X 194 Annual Striping Improvements SH 235,507 $ Andrew Nguyen X 03/25 Combined with CIP 502 and 604. As of November 2024, City has been awarded $529,000 in Measure A grant funds from the LA County Regional Park and Open Space District.Pre-Con meeting with the Contractor was held September 5, 2024. Construction began on October 14, 2024. Ground breaking ceremony held on October 14, 2024. Grading and DG path installation between 8th St and 11th St has been completed and path is open. Grading and GD path construction between 11th to Pier is underway and expected to be completed by end of January. Perimeter concrete and striping work to occur throughout project limits by end of January / early February.

This project provides traffic striping and pavement marking improvements and modifications to improve safety and visibility. This project will help address thermoplastic striping needed which the City is not capable of installing directly.This project is combined with CIP 502 Greenbelt Pedestrian Trail and CIP 604 Citywide ADA Improvements. All phases of these projects will advance concurrently to construct an ADA-compliant, accessible path on the Greenbelt between Pier Avenue and 8th Street with access to the Greenbelt via improved curb ramps, sidewalk, pavement markings, signage, ADA parking, and other safety and accessibility measures. 421 Annual Sewer Improvements - Phase 2 SD 3,968,556 $ Andrew Nguyen X 06/25 Contract awarded on July 9, 2024. Construction Agreement was fully executed on August 15, 2024. Construction started September 16, 2024.Pre-construction CCTV camera work completed. CCTV and access hole base repairs completed. Sewer main point repairs completed; removal and replacement of main sewer underway. Project is approximately 15% complete.

Phase 1 of this project, which included lining, was completed. Phase 2 of this project includes design and construction of sewer improvements and repairs based on the Sewer Master Plan. Improvements will include sewer pipe point repairs, sewer pipe removal and replacement, and maintenance access hole rehabilitations.Sewer repairs will take place at various locations throughout the city as part of this project. 424 Annual Storm Drain Improvements - Bard Street SD 414,817 $ Briana Aube X 06/25 Final design complete. Bid package advertised for construction on October 30, 2024; bid opening November 21, 2024. Contract awarded at January14, 2025 City Council meeting. Staff working to finalize contract documents. Anticipated start February/March.

This project includes storm drain improvements near the intersection of Bard Street and Oak Street. The project will construct new storm drain pipes, a maintenance access hole, a catch basin, and a connection to existing City storm drain infrastructure to collect stormwater at the intersection. 438 Stormwater Dry Wells Assessment SD 259,000 $ Heecheol Kwon X TBD Staff is working in collaboration with City of Redondo Beach on seeking outside funding to advance design and construction.Measure W committee will soon accept new applications. Staff is waiting for application filing period to begin.

As required by the region’s Enhanced Watershed Management Plan (EWMP), this project will assess the implementation of a series of drywells east of Pacific Coast Highway (PCH) between 1st Street and 10th Street to capture storm water and dry weather flows within 118 acres of the Herondo Drain (SMB-6-1) watershed.

ACTIVE PROJECTS
$ 739,243
1 of 5

City of Hermosa Beach
Updated 01-16-2025 UPDATED FY 2024-25 CAPITAL IMPROVEMENT PROGRAM Light Blue indicates project milestone updates.

ADA Component CIP No. Project Name
Project Category Project Budget1 Project Manager
Conceptual Planning
Preliminary Design
Final Engineering Design
Project Approvals/Bidding
Construction
Closeout Estimated Project Completion Date2 Current Project Status Project Description X 502 Greenbelt Pedestrian Trail PK 812,407 $ Andrew Nguyen X 03/25 Combined with CIP 194 and 604. As of November 2024, City has been awarded $529,000 in Measure A grant funds from the LA County Regional Park and Open Space District.Pre-Con meeting with the Contractor was held September 5, 2024. Construction began on October 14, 2024. Ground breaking ceremony held on October 14, 2024. Grading and DG path installation between 8th St and 11th St has been completed and path is open. Grading and GD path construction between 11th to Pier is underway and expected to be completed by end of January. Perimeter concrete and striping work to occur throughout project limits by end of January / early February.

This project will remove woodchips and construct an accessible pedestrian trail composed of decomposed granite on the Greenbelt between Pier Avenue and 8th Street.This project is combined with CIP 194 Annual Striping Improvements and CIP 604 Citywide ADA Improvements. All phases of these projects will advance concurrently to construct an ADA-compliant, accessible path on the Greenbelt between Pier Avenue and 8th Street with access to the Greenbelt via improved curb ramps, sidewalk, pavement markings, signage, ADA parking, and other safety and accessibility measures. 603 South Park Slope, Irrigation, and Landscape Improvements PK 1,834,099 $ Jonathan Pascual X 08/25 Final design complete. Bid package advertised for construction November 21, 2024. Bid opening scheduled for January 23, 2025. Contract award anticipated in February/March.Staff finalizing agreement for $189,849 of supplemental funding from California State Parks. Staff has applied to the West Basin Turf Removal Grant program and the application was approved for up to $96,242.

This project will address repairs needed throughout the north side of the park including installing a new irrigation system andlandscaping including on the sloped areas.

X 604 Citywide ADA Improvements PK 500,000 $ Andrew Nguyen X 03/25 Combined with CIP 194 and 604. As of November 2024, City has been awarded $529,000 in Measure A grant funds from the LA County Regional Park and Open Space District.Pre-Con meeting with the Contractor was held September 5, 2024. Construction began on October 14, 2024. Ground breaking ceremony held on October 14, 2024. Grading and DG path installation between 8th St and 11th St has been completed and path is open. Grading and GD path construction between 11th to Pier is underway and expected to be completed by end of January. Perimeter concrete and striping work to occur throughout project limits by end of January / early February.

This project provides improvements citywide in order to comply with the Americans with Disabilities Act (ADA) and meet the latest Federal Standards along with the City’s Transition Plan.This project is combined with CIP 194 Annual Striping Improvements and CIP 502 Greenbelt Pedestrian Trail. All phases of these projects will advance concurrently to construct an ADA-compliant, accessible path on the Greenbelt between Pier Avenue and 8th Street with access to the Greenbelt via improved curb ramps, sidewalk, pavement markings, signage, ADA parking, and other safety and accessibility measures. 605 City Facilities Condition and Needs Assessment PB 461,237 $ Joe SanClemente X 12/25 Stakeholder meeting scheduled for 1/22 Civic Facilities Project Advisory Group meetings are on-going. Open house event at City Hall held on October 23, 2024. City Yard Open House event is scheduled for Saturday, November 23, 2024.

The project will include an assessment of facilities throughout the City to understand improvement needs.

X 615 New Corporate Yard Facilities PB 789,997 $ Joe SanClemente X 12/27 The new fiberoptic connection to the City Yard was activated on May 10, 2024. The new connection to the South Bay fiber network was funded through the SBCCOG. Staff preparing background information necessary to advance the project. Current project funding for design only; construction funding will need to be identified.

This project is for the design and construction of a new City Yard. The current City Yard is in need of reconstruction. A new City Yard will provide a safe and functional area for City maintenance crews and staging. 617 Civic Center Charging Stations PB 51,560 $ Magvern By X 03/25 City staff is coordinating the phasing of this work with SCE and their subcontractors. Phase 1, which is the installation of new switchgear to supply power to the new charging stations was completed on the week of October 14, 2024. Phase 2, which is the electrification of the charging stations was completed December 2024. Phase 3 which is the installation of the charging station equipment is expected to be completed February/March 2025 following SCE inspections and clearances.

This project will explore the electrical power needs and installation of expanded electric vehicle charging infrastructure to serve the Police Department fleet on Bard Street, adjacent the Police Department and City Hall. The expanded charging infrastructure will install 20 Level 2 chargers. 619 Kelly Courts Improvements PB 1,223,103 $ Laney Wilson X 09/25 Final design complete. Bid package advertised for construction December 12, 2024. Bid opening scheduled January 23, 2025. Contract award anticipated on February/March.

This project will resurface and reconfigure the Kelly Courts at Clark Field. The courts will be restriped and reconfigured and the lights and fencing relocated to meet court standards. 623 Pier Structural Inspection and Evaluation PB 517,100 $ Azita Fakoorbayat X 02/26 Notice to Proceed for an on-call structural engineer to complete a full assessment of the entire pier was issued September 18, 2024. A full detailed inspection of the entire structure including above and below water including full review the deck panels started October 14, 2024. Structural engineering team has completed the below deck inspection with boom lift and scaffolding equipment. Additional deck surface inspections and underwater inspection was completed in December 2024. Structural enginnering team is evaluating need for additional testing. Full assessment is anticipated to be completed in early 2025, with identification of construction funding, permitting of repairs,and design to follow.

An emergency partial inspection and evaluation was performed in coordination with CIP 629 and CIP 660, the results of which identified high priority repairs which were completed through CIP 629.Following completion of construction of CIP 629 and CIP 660, a full above and below water structural inspection of the pier is required to meet requirements for marine structures. Based on this inspection, it is anticipated that additional pier structural repairs will be required primarily on the pier deck. This project will also include design and permitting. Construction fundingwill be identified as part of a future CIP. 2 of 5

City of Hermosa Beach
Updated 01-16-2025 UPDATED FY 2024-25 CAPITAL IMPROVEMENT PROGRAM Light Blue indicates project milestone updates.

ADA Component CIP No. Project Name
Project Category Project Budget1 Project Manager
Conceptual Planning
Preliminary Design
Final Engineering Design
Project Approvals/Bidding
Construction
Closeout Estimated Project Completion Date2 Current Project Status Project Description X 624 CDBG Improvements PB 147,148 $ Karla Vargas X 01/25 Contract awarded on July 18, 2024. Construction started November 26, 2024 and was completed December 13, 2024. Project closeout in progress.

This project provides improvements to sidewalks and curb ramps on Valley Drive and Monterey Boulevard in order to comply with the Americans with Disabilities Act (ADA) and meet the latest Federal Standards. 685 Real Time Crime Center PB 963,000 $ Brandon Araujo X 12/26 Project to be funded by a federal grant. The grant was awarded toward the end of the federal fiscal year (September 30, 2024). Originally it was believed that the grant money hadto be spent within 12 months. We know now that grant money has to be spent within 24 months. The extra time will allow the City to build a more secure and robust Real Time Crime Center. Grant Agreement execution is pending and PW is working closely with PD and City Manager's office on advancing the project.

This project is to create a Real Time Crime Center (RTCC) for the City of Hermosa Beach. A RTCC is a technology-driven support center which uses state of the art technology to provide real time information to officers and detectives working in the field and investigating crimes that are reported.

X 689 Clark Building Renovations PB 3,619,629 $ Saad Malim X 05/25 Contract awarded on July 9, 2024. Construction Agreement was fully executed on August 26, 2024. Construction started October 7th, 2024. Abatement work, site demolition and grease interceptor installation, rough grading, below ground plumbing and SCE utility undergrounding trench work has been completed. Rough electrical, framing, above ground plumbing and HVAC work is currently underway. Construction is approximately 46% complete. Targeting project completion as soon as April 2025 with construction close-out through May/June.

The renovations will include the following:New commercial kitchen per current Los Angeles County Department of Public Health requirements, including new appliances, fixtures, storage cabinets, counter tops, flooring, grease trap system, and lighting;New electric powered heating, ventilation and air conditioning (HVAC) system;New audio-visual system including built-in speakers, overhead projector, and roll-down projection screen;Architectural upgrades including:Furred out walls to hide system components such as electrical conduit and provide a new smooth wall surface throughout; New decorative accents on the ceiling; Acoustic ceiling panels for sound absorption; New commercial grade vinyl flooring; New interior and exterior light fixtures; Complete interior and exterior cleaning and painting; and Restored original signage on the exterior of the building;New sewer lateral and connection;New plumbing system to accommodate the updated restrooms and commercial kitchen, including new floors drains for ease in maintenance;Site improvements including new concrete walkways and ramps to current accessibility standards, decorative enclosures around the refuse storage area and HVAC units; new accessible entrance to the Lawn Bowling Club, and refreshed landscaping and irrigation;Completely renovated restrooms to current accessibility standards, including new fixtures, partitions, vanities, mirrors, flooring, and lighting;New electrical system including wiring and upgraded service connection necessary to serve the enhanced building components;Asbestos and lead abatement work throughout the building; andNecessary demolition work associated with the renovation.

X 695 Parking Lot A Improvements PB 536,380 $ Briana Aube X 02/26 Combined with CIP 105. Project advertised on 12/12/24 (4 months ahead of schedule), bid opening on 01/15/25. Targeting contract award at City Council in February.

This project will provide pavement rehabilitation in Parking Lot A.This project is combined with CIP 105 Annual Street Improvements.

X 699 Parking Structure (Lot C) Improvements PB 2,914,866 $ Jonathan Pascual X 08/25 Bids for construction for elevator modernization received December 5, 2024. Contract documents executed. Notice to Proceed issued for February 17, 2025 following abatement work.Final design for structural and electrical improvements complete. Bid package advertised for construction January 9, 2025. Bid opening scheduled February 12, 2025. Contract award anticipated for March 11, 2025.

This project provides necessary structural, electrical, elevator repairs and improvements to the City's Parking Structure (Lot C).

X 102 Bus Stops Improvements - Phase 2 SH $ 500,000 Andrew Nguyen X TBD Phase 2, 30% Design is on hold pending staff availability. Staff is actively working on seeking outside grant funding for the project through the South Bay Cities Council of Governments.

This project will improve bus stops throughout the city. These improvements will include Americans with Disabilities Act (ADA) accessible curb ramps, crosswalk, striping improvements, furnishing, and other general improvements within direct vicinity of the bus stops.This project is combined with CIP 193 Pedestrian Crossing Safety Improvements. Phase 1 of the combined project was constructed in spring 2024, and installed Rectangular Rapid Flashing Beacons (RRFBs) and updated signage and striping at select pedestrian crossings on Hermosa Avenue, Manhattan Avenue, Pier Avenue, and Valley Drive.Phase 2 of this combined project will holistically evaluate the safety and accessibility in the vicinity of bus stops on Hermosa Avenue and at select other critical locations throughout the city then design and construct improvements.

PENDING PROJECTS
3 of 5

City of Hermosa Beach
Updated 01-16-2025 UPDATED FY 2024-25 CAPITAL IMPROVEMENT PROGRAM Light Blue indicates project milestone updates.

ADA Component CIP No. Project Name
Project Category Project Budget1 Project Manager
Conceptual Planning
Preliminary Design
Final Engineering Design
Project Approvals/Bidding
Construction
Closeout Estimated Project Completion Date2 Current Project Status Project Description 113 Pay-By-App Street Parking Phase 2 SH 10,000 $ TBD X TBD Pending staff availability. This project will include the installation of additional signage for the Pay-By-App parking system for on-street parking spaces.

The implementation will require the installation of signs that provide instructions for users and the zone numbers necessary to use the system. The industry recommendation is that at least two signs be installed per block. City staff will install the necessary signage and any additional poles. It is estimated that the City will need approximately 375 signs installed, and 30 new poles installed in some locations due to a lack of existing poles. The installation will occur in areas of the city where paid parking is currently provided.

X 143 PCH Mobility Improvement Project SH 49,226 $ Brandon Araujo X TBD The Project is temporarily paused. Metro has reassigned new project manager to oversee the project. The project remains on hold while Metro resolves consultant contract services agreement to further advance the project through the PA&ED phase. Staff is actively working with Metro to seek additional funding through the South Bay Cities Council of Governments.

The City has identified a number of complete street project elements that can be implemented to improve mobility, accessibility, and safety along the Pacific Coast Highway (PCH) corridor in Hermosa Beach. These elements are described in the Project Study Report prepared by the City and Caltrans in 2015 and include: Traffic Signal Synchronization, Landscape Medians, Americans with Disabilities Act (ADA) Improvements/Removal of Utility Impediments, Transit Access Enhancements, Pedestrian Enhancements, and Aesthetic Enhancements.Collectively, the improvements will address existing, near-term, and long-range future traffic conditions along this corridor by improving intersection operations, reducing instances of unsafe turning movements, creating a safe and more comfortable environment for pedestrians and transit riders, and improving the efficient movement of vehicles along the corridor.

X 193 Pedestrian Crossing Safety Improvements - Phase 2 SH 475,413 $ Andrew Nguyen X TBD Phase 2, 30% Design is on hold pending staff availability. Staff is actively working on seeking outside grant funding for the project through the South Bay Cities Council of Governments.

This project will implement rectangular rapid flashing beacons and other measures at several uncontrolled pedestrian crossings on Hermosa Avenue at 4th, 6th, 19th, 24th, and 25th Streets.This project is combined with CIP 102 Bus Stop Improvements. Phase 1 of the combined project was constructed in spring 2024, and installed Rectangular Rapid Flashing Beacons (RRFBs) and updated signing and striping at select pedestrian crossings on Hermosa Avenue, Manhattan Avenue, Pier Avenue, and Valley Drive.Phase 2 of this combined project will holistically evaluate options to reconfigure parking to enhance pedestrian safety, feasibility of curb extensions and median closures, and accessibility on Hermosa Avenue and at select other critical locations throughout the city then design and construct improvements. 417 Storm Drain Improvements - Various Locations SD 1,433,907 $ TBD X TBD Pending staff availability. This project will design and construct storm drain improvements throughout the city per the Storm Drain Master Plan and other high priority locations.
423 Annual Sewer Improvements SD 237,646 $ TBD X TBD Pending staff availability. This project includes design and construction of sewer improvements and repairs based on the Sewer Master Plan. Improvements will include lining, point repairs, removal and replacement.503 City Park Lighting Conceptual Design PK 200,000 $ TBD X 08/27 Pending staff availability. This project will assess light levels and lighting improvements to the City's parks, South Park, Clark Field, and Valley Park. The project will identify the scope of required improvements and cost estimates for final design and construction.610 Fort Lots-of-Fun Park Wall and Gate Improvements PK 100,000 $ TBD X 11/26 Pending staff availability. This project provides necessary improvements and repairs to the existing retaining wall and wooden gate at Fort Lots-of-Fun.

The project currently includes funding for design of the improvements; construction costs will be further defined through the design process. 618 Tsunami Siren PB 28,525 $ TBD X TBD
Pending staff availability. This grant-funded project will include working with the Emergency Management Coordinator and the Los Angeles County Department of Beaches and Harbors to install an outdoor warning siren and integrate the selected siren and the Beach Emergency Evacuation Lighting System (BEELS) systems into the City's alert and warning software platform, Alert South Bay. 621 Comprehensive Downtown Lighting Design PB 150,000 $ TBD X 03/27 Pending staff availability. This project will assess light levels, electric system requirements, and desired lighting improvements (i.e., ornamental, roadway, pedestrian scale) for the City's Downtown district. The project will identify scope of required improvements and cost estimates for final design and construction.

X 625 Citywide ADA Improvements PB 250,000 $ TBD X 03/27 Pending staff availability. This project will provide improvements to access to the Civic Center to comply with the Americans with Disabilities Act (ADA) and meet the latest Federal Standards along with the City’s Transition Plan. The project will provide improvements to curb ramps, sidewalk, and parking in front of City Hall and install a wheelchair lift for access from the Valley Drive parking lot to the front of City Hall.

X 682 Parking Lot D Improvements PB 1,872,306 $ John Oskoui X TBD At the April 18, 2024, CIP Study Session City Council directed staff to take a pause to consider viability of constructing a parking deck in place of the current project. At the June 4 Council Budget Study Session, Council directed staff to resume with the project as scoped, resulting in a 2-month delay. The project obtained a PDP from Planning Commission on August 20, 2024. Staff then submitted an application to Costal Commission on August 28, 2024. Council held a de novo hearing on October 8, 2024 approving the PDP. Staff advertised the project for construction on October 8, 2024. November 8, staff received 4 year extension of Coastal Conservancy Grant funds. On November 13, Council approved the rejection of all bids received and directed staff to pause the project until upcoming budget discussions.

The project will rehabilitate the existing surface parking lot. Other major elements include the installation of storm water infiltration devices, an electric vehicle charging station, bicycle parking, and lighting and landscaping. 4 of 5

City of Hermosa Beach
Updated 01-16-2025 UPDATED FY 2024-25 CAPITAL IMPROVEMENT PROGRAM Light Blue indicates project milestone updates.

ADA Component CIP No. Project Name
Project Category Project Budget1 Project Manager
Conceptual Planning
Preliminary Design
Final Engineering Design
Project Approvals/Bidding
Construction
Closeout Estimated Project Completion Date2 Current Project Status Project Description X 692 14th Street Beach Restroom Improvements PB 479,845 $ TBD X TBD Pending staff availability. This project proposes to either renovate or replace the building, restrooms, and appurtenant plumbing. This project will also include the replacement of the existing sewer lift station components which includes two submersible pumps, motor control panel, associated plumbing, and the addition of telemetry for condition/outage notifications.

X 102 Bus Stops Improvements - Phase 1 SH - Andrew Nguyen - Phase 1 (RRFB installation) construction was completed April, 2024 and included installation of Rectangular Rapid Flashing Beacons (RRFBs), updated signing and striping at 10 intersection locations on Hermosa Avenue, Manhattan Avenue, Pier Avenue, and Valley Drive.

This project will improve bus stops throughout the city. These improvements will include Americans with Disabilities Act (ADA) accessible curb ramps, crosswalk, striping improvements, furnishing, and other general improvements within direct vicinity of the bus stops.This project is combined with CIP 193 Pedestrian Crossing Safety Improvements. Phase 1 of the combined project was constructed in spring 2024, and installed Rectangular Rapid Flashing Beacons (RRFBs) and updated signage and striping at select pedestrian crossings on Hermosa Avenue, Manhattan Avenue, Pier Avenue, and Valley Drive.Phase 2 of this combined project will holistically evaluate the safety and accessibility in the vicinity of bus stops on Hermosa Avenue and at select other critical locations throughout the city then design and construct improvements.

X 193 Pedestrian Crossing Safety Improvements - Phase 1 SH - Andrew Nguyen - Phase 1 was completed in April 2024. This project will implement rectangular rapid flashing beacons and other measures at several uncontrolled pedestrian crossings on Hermosa Avenue at 4th, 6th, 19th, 24th, and 25th Streets.This project is combined with CIP 102 Bus Stop Improvements. Phase I of the combined project was constructed in spring 2024, and installed Rectangular Rapid Flashing Beacons (RRFBs) and updated signing and striping at select pedestrian crossings on Hermosa Avenue, Manhattan Avenue, Pier Avenue, and Valley Drive.Phase II of this combined project will holistically evaluate options to reconfigure parking to enhance pedestrian safety, feasibility of curb extensions and median closures, and accessibility on Hermosa Avenue and at select other critical locations throughout the city then design and construct improvements. 422 Annual Storm Drain Improvements - 5th Street Greenbelt SD 298,171 $ Jonathan Pascual Contract was awarded on August 13, 2024 and has been fully-executed. Pre-Con meeting with the Contractor on September 12, 2024. Construction started on September 30, 2024. Construction completed October 29, 2024. Filing notice of completion with LA County. Project has been closed out. Project completed on schedule and withing budget.

This project includes storm drain improvements at 5th Street and Ardmore Avenue, including the replacement of existing storm drain lateral and new connection to Los Angeles County's storm drain main line, new catch basin, new curb and gutter. 538 Citywide Park Master Plan PK - Lisa Nichols -
A joint meeting of the Parks, Recreation and Community Resources Advisory Commission and the Public Works Commission has been took place October 29, 2024. The Master Plan was adopted by City Counil at their November 13, 2024. Project completed.

The City is seeking to prepare a Parks Master Plan that achieves the following goals:Engages the community and local recreational organizations in a dialogue about parks and open space resources in Hermosa Beach;Identifies the current demand/utilization and the future/evolving parks and recreational facility needs for the Hermosa Beach community;Leverages the vision and goals of the recently adopted General Plan and the Community Decision-Making Tool;Identifies an appropriate balance between organized and informal recreational activities at the City’s parks and open spaces;Serves as a dynamic useful planning and implementation document that enjoys broad community and political support;Provides a comprehensive strategy to maintain, rehabilitate and improve the City’s network of parks, facilities, and open space assets, including current unfunded park and recreational opportunities;Evaluates the effective use of the City’s financial and physical resources and opportunities to fund implementation of the recommendations in the Master Plan. 620 Citywide Roof Repair PB - Andrew Nguyen - City Yard, Clark Roof and City Yard roof repairs were completd by July 2024. Project completed. This project will repair and replace roofs at several City facilities.

SH - STREET AND HIGHWAY IMPROVEMENTSSD - SEWER/STORM DRAIN IMPROVEMENTSPK - PARK IMPROVEMENTSPB - PUBLIC BUILDING AND GROUND IMPROVEMENTS1. Current adjusted appropriation as of 1/9/25.2. Estimated Project Completion Dates are subject to change.

COMPLETED PROJECTS
5 of 5

City of Hermosa Beach | Page 1 of 3
Meeting Date: January 28, 2025
Staff Report No. 25-AS-014
Honorable Mayor and Members of the Hermosa Beach City Council

APPROVAL OF PROFESSIONAL SERVICES AGREEMENTS BETWEEN THE CITY

OF HERMOSA BEACH AND BURKE, WILLIAMS & SORENSEN, LLP AND

STAFFORD HR CONSULTING FOR LABOR RELATIONS SERVICES
CEQA: Determine that approval of these professional services agreements are not projects under the California Environmental Quality Act (CEQA)
(Administrative Services Director Brandon Walker)
Recommended Action:

Staff recommends City Council:

1. Award a Professional Services Contract with Burke, Williams & Sorensen LLP to provide labor relations services at a not-to-exceed amount of $50,000 and a oneyear term ending January 31, 2026;

2. Award a Professional Services Contract with Stafford HR Consulting to provide labor relations services at a not-to-exceed amount of $50,000 and a one-year term ending January 31, 2026; and

3. Authorize the City Manager to execute and the City Clerk to attest to the proposed agreements, subject to approval by the City Attorney.

Executive Summary:

The current Memoranda of Understanding (MOU) for the City’s six labor groups are set to expire on June 30, 2025. Staff is preparing to begin labor negotiations with the labor groups for a successor MOU. Staff recommends retaining Burke, Williams, & Sorensen, LLP and adding Stafford HR Consulting to represent the City as Lead Negotiators.

Therefore, staff requests Council approval of Professional Services Agreements with Burke, Williams & Sorensen, LLP (Attachment 1) and Stafford HR Consulting (Attachment 2).

Background:

In 2016, 2019, and 2022, Burke, Williams & Sorensen, LLP assisted the City with its labor negotiations resulting in the execution of Memoranda of Understanding (MOU) with each of the City’s six labor groups (seven in 2016 before fire services were contracted out to Los Angeles County). The professional firm helped negotiate and execute the current MOUs for three-year terms, which will all expire on June 30, 2025.

Past Council Actions

City of Hermosa Beach | Page 2 of 3
Meeting Date Description
May 2016 Award of contract to Burke, Williams & Sorensen, LLP for labor negotiation services
October 13, 2016 Approval of the first amendment to the contract for Burke, Williams & Sorensen, LLP
June 15, 2017 Approval of the second amendment to the contract for Burke, Williams & Sorensen, LLP
February 12, 2019 Approved award of contract to Burke, Williams & Sorensen, LLP for labor negotiation services
March 22, 2022 Approved award of contract to Burke, Williams & Sorensen, LLP for labor negotiation services
January 23, 2024 Approval of the first amendment to the contract for Burke, Williams & Sorensen, LLP
Discussion:

Burke, Williams & Sorensen, LLP is one of California’s leading law firms in public sector labor negotiations. They advise and represent dozens of California cities, counties, school districts, transit districts, and special districts in all aspects of labor relations law. They have successfully partnered with the City of Hermosa Beach for nearly a decade to negotiate and execute the previous three rounds of MOUs. Because of their proven track record of successful labor negotiations and familiarity with the City’s bargaining groups and negotiations process, staff recommends sole sourcing the firm’s services.

Stafford HR Consulting, led by Cynthia Stafford, is a seasoned human resources professional with extensive experience in labor and employee relations. She has over 30 years of public sector Human Resources experience, working for both small and large organizations and currently assists the City of Hermosa Beach overseeing its Human Resources operations. This is the City’s first labor negotiations services contract with Stafford HR Consulting. Due to Ms. Stafford’s familiarity and rapport with the City’s bargaining groups and detailed knowledge of the City’s human resources operations and the City’s newly adopted Civil Service Rules, staff recommends also sole sourcing these services.

Staff recommends approval of new professional services agreement with Burke, Williams & Sorensen, LLP and Stafford HR Consulting each at a not-to-exceed amount of $50,000 and a one-year term ending January 31, 2026.

Environmental Review
These Professional Services Agreements are not a projects under the California Environmental Quality Act pursuant to CEQA Guidelines section 15378 (b)(5) as the Professional Services Agreements are organization or administrative activities of the City that will not result in direct or indirect physical changes in the environment.

City of Hermosa Beach | Page 3 of 3
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, project fees for Burke, Williams & Sorensen, LLP and Stafford Consulting, LLC would be $50,000 and $50,000, respectively. Sufficient funds are included in the FY 2024–25 budget.

Attachments:

1. Draft Professional Services Agreement with Burke, Williams & Sorensen, LLP

2. Draft Professional Services Agreement with Stafford HR Consulting Respectfully Submitted by: Brandon Walker, Administrative Services 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

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

CONTRACT FOR PROFESSIONAL SERVICES TO PROVIDE LABOR RELATIONS SERVICES BETWEEN THE CITY OF HERMOSA BEACH AND Burke, Willams & Sorensen, LLP This AGREEMENT is entered into this day of , 2025, by and between the CITY OF HERMOSA BEACH, a California general law city and municipal corporation (“CITY”) and Burke, Williams & Sorensen, a limited liability company (“CONSULTANT”).

R E C I T A L S
A. The City desires to retain CONSULTANT to provide special services in the area of labor negotiations for the CITY.

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 $50,000, 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.

City of Hermosa Beach

Except as herein otherwise expressly specified to be furnished by CITY, CONSULTANT will, in a professional manner, furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, equipment, printing, vehicles, transportation, office space, and facilities necessary or proper to perform and complete the work and provide the professional services required of CONSULTANT by this Agreement.

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

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

KEY PERSONNEL. CONSULTANT’s key person assigned to perform work under this Agreement is ________________. 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 January 31, 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

City of Hermosa Beach

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, 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 is it 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.

City of Hermosa Beach

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.

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 claimsmade annual aggregate basis, or a combined single-limit-per-occurrence 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

City of Hermosa Beach

on behalf of the CONSULTANT, including materials, parts, or equipment furnished in connection with such work or operations.”

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

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

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

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.

City of Hermosa Beach

FINAL PAYMENT ACCEPTANCE CONSTITUTES RELEASE. The acceptance by the CONSULTANT of the final payment made under this Agreement shall operate as and be a release of the CITY from all claims and liabilities for compensation to the CONSULTANT for anything done, furnished or relating to the CONSULTANT’S work or services. Acceptance of payment shall be any negotiation of the CITY’S check or the failure to make a written extra compensation claim within ten (10) calendar days of the receipt of that check. However, approval or payment by the CITY shall not constitute, nor be deemed, a release of the responsibility and liability of the CONSULTANT, its employees, sub-consultants and agents for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by the CITY for any defect or error in the work prepared by the Consultant, its employees, sub-consultants and agents.

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:

Burke, Williams & Sorensen, LLP
444 South Flower St, Ste 2400
Los Angeles, CA 90071
ATTN: Daphne M. Anneet
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

City of Hermosa Beach

company or person, other than CONSULTANT’s bona fide employee, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Should CONSULTANT breach or violate this warranty, CITY may rescind this Agreement without liability.

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

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

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.

City of Hermosa Beach

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

OWNERSHIP OF DOCUMENTS. It is understood and agreed that the City shall own all documents and other work product of the Consultant, except the Consultant’s notes and workpapers, which pertain to the work performed under this Agreement. The City shall have the sole right to use such materials in its discretion and without further compensation to the Consultant, but any re-use of such documents by the City on any other project without prior written consent of the Consultant shall be at the sole risk of the City.

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

City of Hermosa Beach

employees or with the public shall be fully vaccinated from COVID-19. CONSULTANT agrees to certify in writing to CITY that it complies with the foregoing.

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

CITY OF HERMOSA BEACH CONSULTANT
Suja Lowenthal, City Manager By: NAME/TITLE
ATTEST:

Myra Maravilla, City Clerk Taxpayer ID No.

APPROVED AS TO FORM:

Patrick Donegan, City Attorney

City of Hermosa Beach

Exhibit “A”
Labor Relations Services:

Consultant will provide labor relations services. The Scope of Services covers all work related to labor relations under the Meyers-Milias-Brown Act, as directed or required by City officers. The budget for the specific scope of work is not to exceed $50,000 without the express authority and action from the City Council approving an amendment to the contract.

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

CONTRACT FOR PROFESSIONAL SERVICES TO PROVIDE LABOR RELATIONS SERVICES BETWEEN THE CITY OF HERMOSA BEACH AND Stafford HR Consulting This AGREEMENT is entered into this day of , 2025, by and between the CITY OF HERMOSA BEACH, a California general law city and municipal corporation (“CITY”) and Stafford HR Consulting (“CONSULTANT”).

R E C I T A L S
A. The City desires to retain CONSULTANT to provide special services in the area of labor negotiations for the CITY.

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 $50,000, 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.

City of Hermosa Beach

Except as herein otherwise expressly specified to be furnished by CITY, CONSULTANT will, in a professional manner, furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, equipment, printing, vehicles, transportation, office space, and facilities necessary or proper to perform and complete the work and provide the professional services required of CONSULTANT by this Agreement.

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

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

KEY PERSONNEL. CONSULTANT’s key person assigned to perform work under this Agreement is ________________. 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 January 31, 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

City of Hermosa Beach

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, 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 is it 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.

City of Hermosa Beach

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.

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 claimsmade annual aggregate basis, or a combined single-limit-per-occurrence 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

City of Hermosa Beach

on behalf of the CONSULTANT, including materials, parts, or equipment furnished in connection with such work or operations.”

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

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

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

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.

City of Hermosa Beach

FINAL PAYMENT ACCEPTANCE CONSTITUTES RELEASE. The acceptance by the CONSULTANT of the final payment made under this Agreement shall operate as and be a release of the CITY from all claims and liabilities for compensation to the CONSULTANT for anything done, furnished or relating to the CONSULTANT’S work or services. Acceptance of payment shall be any negotiation of the CITY’S check or the failure to make a written extra compensation claim within ten (10) calendar days of the receipt of that check. However, approval or payment by the CITY shall not constitute, nor be deemed, a release of the responsibility and liability of the CONSULTANT, its employees, sub-consultants and agents for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by the CITY for any defect or error in the work prepared by the Consultant, its employees, sub-consultants and agents.

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:

Stafford HR Consulting
3748 Walnut Ave
Long Beach, CA 90807
ATTN: Cynthis Stafford
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

City of Hermosa Beach

company or person, other than CONSULTANT’s bona fide employee, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Should CONSULTANT breach or violate this warranty, CITY may rescind this Agreement without liability.

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

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

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.

City of Hermosa Beach

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

OWNERSHIP OF DOCUMENTS. It is understood and agreed that the City shall own all documents and other work product of the Consultant, except the Consultant’s notes and workpapers, which pertain to the work performed under this Agreement. The City shall have the sole right to use such materials in its discretion and without further compensation to the Consultant, but any re-use of such documents by the City on any other project without prior written consent of the Consultant shall be at the sole risk of the City.

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

City of Hermosa Beach

employees or with the public shall be fully vaccinated from COVID-19. CONSULTANT agrees to certify in writing to CITY that it complies with the foregoing.

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

CITY OF HERMOSA BEACH CONSULTANT
Suja Lowenthal, City Manager By: NAME/TITLE
ATTEST:

Myra Maravilla, City Clerk Taxpayer ID No.

APPROVED AS TO FORM:

Patrick Donegan, City Attorney

City of Hermosa Beach

Exhibit “A”
Labor Relations Services:

Consultant will provide labor relations services. The Scope of Services covers all work related to labor relations under the Meyers-Milias-Brown Act, as directed or required by City officers. The budget for the specific scope of work is not to exceed $50,000 without the express authority and action from the City Council approving an amendment to the contract.

City of Hermosa Beach | Page 1 of 3
Meeting Date: January 28, 2025
Staff Report No. 25-AS-016
Honorable Mayor and Members of the Hermosa Beach City Council ADOPTION OF AN ORDINANCE REPEALING H.B.M.C. SECTION 3.08.020.,

SETTING THE SETTLEMENT AUTHORITY OF THE CITY MANAGER FOR GENERAL LIABILITY AND WORKERS COMPENSATION CLAIMS.

CEQA: Determine the Ordinance is not a project under the California Environmental Quality Act.
(Interim Human Resources Manager Cynthia Stafford)
Recommended Action:

Staff recommends City Council:

1. Adopt an Ordinance of the City of Hermosa Beach, California, repealing Section

3.08.020 of the Hermosa Beach Municipal 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 introduced on first reading an ordinance repealing Section 3.08.020 of the Hermosa Beach Municipal Code, and adopted via resolution a litigation management policy which, among other things, increased the City Manager’s settlement authority for claims against the City. This is the second reading to formally adopt the ordinance repealing section 3.08.020.

Background:

In California, before a resident may sue a public entity (a state, county or local governmental entity) or a person acting in its capacity as a government employee for money damages, they must first file a claim which meets the requirements of the California Tort Claims Act (see California Government Code §§ 810-996.6). With very limited exceptions, no lawsuit for money damages may be brought against a governmental entity unless a written claim has been properly filed within the six-month time limit.

In accordance with § 935.4 of the California Government Code, the City Council may authorize an employee of the City to perform the claims management procedures and functions of the City, subject to the certain limitations. Namely, that the employee’s ability to allow, compromise, or settle a claim against the City shall not exceed fifty thousand

City of Hermosa Beach | Page 2 of 3
dollars ($50,000). Currently, Hermosa Beach Municipal Code (HBMC) § 3.08.020 lists the settlement authority of the City Manager for claims against the City and this authority is much lower than the statutory maximum at the time. Thus, in order to streamline and more effectively manage claims against the City, the proposed item repeals this HBMC section and the resolution adopted in November will take effect upon the effective date of the proposed ordinance repealing § 3.08.020.

Past Council Actions
Meeting Date Description
November 12, 2024 City Council introduced on first reading an ordinance repealing Section 3.08.020 of the Hermosa Beach
Municipal Code.

Discussion:

Currently, HBMC section 3.08.020 authorizes the City Manager, with the approval of the City Attorney, to settle general liability and workers' compensation claims up to the jurisdictional limit of small claims court, which is $12,500. The full text of the code section states:
“The City Manager, with the approval of the City Attorney, is authorized to settle or compromise any monetary claim or litigation against the City or any officer or employee thereof, without the prior consent of the City Council, in an amount not to exceed the then current jurisdictional limit of the small claims court, as to any individual claimant. The City Manager, with the approval of the City Attorney, is further authorized to settle or compromise any claim that is less than the then current jurisdictional limit of the small claims court that the City may have against any person. The City Manager is authorized to execute and deliver any instrument necessary to effectuate a settlement or compromise permitted in this section.” There is no legal requirement that the City Manager’s settlement authority be codified in the Municipal Code rather than established by resolution. Repealing the section from the Municipal Code and relying instead on a resolution—such as the one previously adopted by the Council—provides greater flexibility to the City Council to adjust the settlement authority in response to evolving needs, without requiring an ordinance amendment.

The cost of resolving claims has risen significantly due to increasing attorney fees, medical expenses, and repair/remediation costs. Under California Government Code § 935.4, the City Council has the authority to delegate claims management, including settlement authority, to a City employee for claims up to the statutory limit of $50,000.

Currently, most claims, including those exceeding the City Manager’s settlement authority, are taken into closed session, where the City’s legal representative is required to attend.

This process increases the City's costs due to:

City of Hermosa Beach | Page 3 of 3
 attorney fees for meeting preparation and attendance;  staff time in preparing agenda items and managing claim presentations; and
 delays in claim resolution, potentially leading to additional legal expenses or prolonged disputes.

By repealing HBMC §3.08.020, the City can streamline the claims management process, reduce administrative burdens, and expedite claim resolutions while maintaining appropriate oversight through City Council-approved resolutions.

Environmental Review
This Ordinance and Resolution are not projects under the California Environmental Quality Act pursuant to CEQA Guidelines section 15378 (b)(5) as the Ordinance and Resolution is an organization or administrative activity of the City that will not result in direct or indirect physical changes in 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 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:

There is no fiscal impact related to the recommended action. On an operational level, the recommend action is designed to create several efficiencies in investigating, settling, and resolving general liability and workers compensation claims and related litigation costs.

Attachment:

Draft Ordinance
Respectfully Submitted by: Cynthia Stafford, Interim Human Resources 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

CITY OF HERMOSA BEACH
ORDINANCE NO. ORD-24-XXXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA

BEACH, CALIFORNIA REPEALING HERMOSA BEACH MUNICIPAL CODE SECTION 3.08.020 AND DETERMINING THE ORDINANCE IS NOT A

PROJECT UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT

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

SECTION 1. The City Council desire to more efficiently and cost effectively review and process claims against the City by expanding the ability of the City Manager to settle claims up to the amount authorized by the Government Code.

SECTION 2. Currently, the Hermosa Beach Municipal Code limits the City Manager’s settlement authority to the current jurisdictional limit of the small claims court.

Repeal of this code section is necessary in order to effectuate the adoption, via a separate City Council Resolution, of the Litigation Management Policy and increase it settlement authority for the City Manager.

SECTION 3. Section 3.08.020 of the Hermosa Beach Municipal Code is hereby repealed in its entirety:
“3.08.020 Limited settlement authority.

The City Manager, with the approval of the City Attorney, is authorized to settle or compromise any monetary claim or litigation against the City or any officer or employee thereof, without the prior consent of the City Council, in an amount not to exceed the then current jurisdictional limit of the small claims court, as to any individual claimant. The City Manager, with the approval of the City Attorney, is further authorized to settle or compromise any claim that is less than the then current jurisdictional limit of the small claims court that the City may have against any person. The City Manager is authorized to execute and deliver any instrument necessary to effectuate a settlement or compromise permitted in this section.”

SECTION 4. Environmental Review. This Ordinance is not a project under the California Environmental Quality Act pursuant to CEQA Guidelines section 15378 (b)(5) as an organization or administrative activity of the City that will not result in direct or indirect physical changes in the environment.

SECTION 5 . Effective Date. This Ordinance shall take effect thirty (30) days after its passage and adoption pursuant to California Government Code section 36937.

SECTION 6. 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 12th day of November, 2024 Mayor Dean Francois
PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, CA ATTEST: APPROVED AS TO FORM:
________________________________ ________________________________ Myra Maravilla Patrick Donegan
City Clerk City Attorney

City of Hermosa Beach | Page 1 of 3
Meeting Date: January 28, 2025
Staff Report No. 25-CR-013
Honorable Mayor and Members of the Hermosa Beach City Council

APPROVAL OF AGREEMENT WITH THE HERMOSA BEACH LITTLE LEAGUE TO

PROVIDE ITS ANNUAL YOUTH BASEBALL LEAGUE
CEQA: Approval of the proposed agreement would be exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15304. The agreement permits an annual youth baseball program with a minor, temporary use of land. This program will have negligible or no permanent effect on the environment. (Community Resources Director Lisa Nichols)
Recommended Action:

Staff recommends City Council:

1. Approve a three-year agreement with the Hermosa Beach Little League (HBLL) to continue operating its annual youth baseball league for the 2025–2027 season; and

2. Authorize the City Manager to execute the agreement and the City Clerk to attest, subject to approval by the City Attorney.

Executive Summary:

For over 70 years, HBLL has provided a structured youth baseball program for Hermosa Beach children in grades kindergarten through 10th. The program operates within the Clark Field Complex offering youth an opportunity to develop athletic skills and participate in community activities.

The proposed three-year agreement (Attachment 1) continues the terms of the prior agreement, ensuring that HBLL retains access to necessary facilities while fulfilling its role. The agreement outlines field usage fees, maintenance obligations, and program requirements, ensuring continued collaboration between the City and HBLL.

Background:

At its February 8, 2022 meeting, City Council approved a three-year agreement (Attachment 2) with HBLL for the use of the Clark Field Complex for its annual youth baseball league seasons 2022 through 2024.

City of Hermosa Beach | Page 2 of 3
Past Council Actions
Meeting Date Description
February 8, 2022 Council approved a three-year agreement with HBLL for its 2022–2024 seasons.

Discussion:

Staff worked with HBLL to develop a mutually agreeable contract outlining field access, responsibilities, and financial terms, commencing with its 2025 season and extending through its 2027 season.

Key provisions of the agreement include:
 Use of three baseball fields, batting cages, a concession stand, a shared Cityowned storage shed, and three HBLL-owned storage sheds within Clark Field Complex.
 Payment of field use fees per the City’s 2025 Master Fee Schedule:
o $11 per hour (standard rate)
o $25 per lighted hour
 HBLL responsibilities:
o Maintain non-profit status and required insurance coverage. o Conduct pre- and post-season meetings with the City.
o Ensure proper site maintenance.
o Adhere to sponsorship and advertisement requirements. o Follow City review and approval process for consideration of any future site improvements.
 City responsibilities:
o Maintain site facilities and provide necessary permits for scheduled events authorized under the proposed agreement including Opening Day, Night at the Ballpark, and Closing Day.
o Review and process requests for site improvements as needed.

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:

Parks and Open Space Element
Goal 2. Abundant parks, open space, and recreational facilities to serve the community.

Policy
 2.1 Diverse programs and facilities. Offer diverse recreational programs and facilities to meet the needs of all residents

City of Hermosa Beach | Page 3 of 3
Goal 3. Community parks and facilities encourage social activity and interaction.

Policy
 3.5 Health and physical activity. Increase the availability of space and variety of activities that promote community health and physical activity such as community gardens, fitness stations/ equipment, and fields/courts.

Fiscal Impact:

If approved, HBLL would pay standard field use fees per the 2025 Master Fee Schedule, estimated to generate $14,411 annually The revenue would be budgeted under General Fund Account 001-3405, Community Center Rentals.

Attachments:

1. Proposed HBLL Agreement 2025–2027

2. HBLL Agreement 2022–2024
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

AGREEMENT FOR USE OF THE HERMOSA BEACH CLARK FIELD COMPLEX BETWEEN

THE CITY OF HERMOSA BEACH AND THE HERMOSA BEACH LITTLE LEAGUE This Agreement for Use of the Hermosa Beach Clark Field Complex (hereinafter called “Agreement”) is made the ___th day of _______, 2025 by and between the City of Hermosa Beach, a municipal corporation (hereinafter called “CITY”) and Hermosa Beach Little League, a California nonprofit public benefit corporation (hereinafter called “HBLL”).

RECITALS.
a. HBLL has requested and CITY is willing to make the Clark Field Complex (hereinafter called “Site”, as depicted on Exhibit A) consisting of three baseball fields and open space, batting cages, a concession stand, one city-owned storage shed, and three HBLL owned storage sheds available to HBLL for its annual youth baseball program pursuant to the terms and conditions of this Agreement. b. CITY desires a commitment from HBLL regarding its use of the Site including general maintenance and upkeep during regular season play in addition to the development of clear guidelines for future Site improvements. c. HBLL desires a commitment from CITY to secure the Site for each regular season, including practices, games, tournaments, and Events for the term of this Agreement.

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

I. TERM AND PAYMENT.
a. The Term of this Agreement shall be for three seasons commencing with the 2025 season and terminating with the 2027 season unless earlier terminated as provided herein.
b. HBLL agrees to pay CITY applicable fees for its use of the Site. Fees are to be as established in the CITY’s annual Master Fee Schedule.
c. All rental payments shall be made to the CITY within 30 days following the conclusion of each season for which a permit is issued.

d. Either the CITY or HBLL may terminate this Agreement at any time upon giving 30 days written notice to the other party as outlined in Section XIV(b).

II. HBLL RESPONSIBILITIES.
a. HBLL shall maintain its status as a non-profit organization throughout the term of this Agreement.
b. At least 30 days prior to the commencement of each season, HBLL shall apply for a permit from the CITY authorizing HBLL’s use for the forthcoming season. HBLL shall include in that permit application its request for use and further specify the dates and times for said requested use.
c. HBLL will provide, at its own expense, all league-related equipment. HBLL will provide setup and teardown of equipment within the allocated rental times included on the final permit.
d. HBLL shall annually provide a designated representative to consult, as necessary, with the CITY regarding all aspects of its activities on the Site. Final decisions will be made by CITY regarding compliance with the Agreement as well as any issues that directly and/or adversely impact the community.
e. HBLL shall not sublease any area of the Site.
f. HBLL is allowed three storage sheds to remain on the western area of the Site to store league-related equipment and materials only. All league-related equipment and materials must be stored within the HBLL owned sheds and space allotted within the CITY owned storage closet per Section III.b. No perishable items are allowed to be stored. General upkeep and regular maintenance of the HBLL owned sheds shall be the responsibility of HBLL. Storage sheds shall be kept clean of trash and debris and must remain in safe working order. The placement of additional storage units must be requested in writing for consideration. The CITY shall be provided with keys to and entitled to unlimited access to any HBLL owned sheds. The CITY would evaluate the presence of the sheds annually, at the conclusion of each season, with the right to request the removal of the HBLL

owned sheds at HBLL,’s expense at any given time.
g. Within 60 days following the conclusion of HBLL’s regular season, HBLL shall provide an annual overview of the seasonal activities, including Events, to the Parks, Recreation, and Community Resources Advisory Commission in the form of an agendized presentation.
h. HBLL, at its own expense, shall maintain the cameras installed on the north and east fields to film and broadcast HBLL games following the League University Guidance for Self Producing Internet Webcast and Streams Using Social Media.

HBLL agrees to register all equipment with the Police Department and allow the CITY access to the footage on request. CITY reserves to right to require the removal of the camera, at any time, at HBLL expense. If HBLL wishes to install additional cameras, HBLL agrees to submit this request through Go Hermosa on the CITY website or through the Go Hermosa app at least 30 days in advance to obtain permission from the CITY prior to installation. Review and approval of such request will not be unreasonably withheld.
i. HBLL acknowledges that any naming request or proposal with respect to any portion of the Site shall go through the CITY Municipal Naming, Monument and Sponsorship Policy process for review and approval.
j. HBLL shall only be responsible for the Site during the HBLL season, while a permit has been issued to HBLL for its use, and it is expressly understood by the CITY that HBLL has no obligations, duties or responsibilities outside of HBLL’s permit period.
k. HBLL shall be responsible for notifying parents and attendees that the preferred player drop-off and pick-up via vehicle should be the Clark Field parking lot at 1035 Valley Drive and shall discourage vehicular drop-off and pick-up activity on Cypress Avenue.

CONCESSION STAND:
a. HBLL may sell or otherwise distribute food and beverages to players and spectators at games, subject to reasonable regulations of the Los Angeles County

Health Department. The sale and distribution of such food and beverages is limited to the existing concession stand and the immediately adjoining bricked in patio area. No other area of the Site may be used for the selling or distribution of food and beverage items.
b. HBLL may not assign or otherwise transfer the right to sell or distribute food or drink on the property to another person or entity without the written approval of the CITY.
c. HBLL agrees that it will be responsible for proper disposal of any litter, rubbish, or trash resulting from any concession stand sales that may be found in and around the Site.
d. HBLL shall ensure that the patio area located west of the concession stand and all equipment located therein will be properly cleaned after each use. e. HBLL agrees to properly store perishable items in sealed containers when the concession stand is not in use.
f. The concession stand must be cleared out within two weeks following the end of each season with the exception of the refrigerator owned by HBLL. HBLL shall lock and secure the refrigerator outside of their season and the CITY shall be provided access in the case of emergency. HBLL acknowledges that the CITY reserves the right to make the concession stand available to other groups and/or for other activities during the off- season.
g. CITY reserves the right to inspect or access the concession stand at any time.

BATTING CAGES:
a. HBLL will have exclusive use of the Batting Cages during dates and times confirmed in its permit.
b. HBLL shall be solely responsible for maintenance and operations of the Batting Cage pitching machines. HBLL shall ensure that all equipment is in good and

operational order and is safe for its users. HBLL will provide to CITY copies of all maintenance records within seven days of completion of any maintenance through Go Hermosa through the CITY website or Go Hermosa app. c. HBLL shall not sublease the Batting Cages to any other organization or team.

HBLL will properly and safely secure all pitching machines and other equipment within the Batting Cages to make the facility inoperable when not in use. d. CITY and HBLL shall coordinate shared access to the Batting Cages. It is the responsibility of both parties to inform the other if there are access issues that must be rectified so that access is not hindered to either party. e. Any damage incurred during HBLL during HBLL seasons to the internal netting, carpet, pitching screens and mounds shall be the sole responsibility of HBLL for repairs and maintenance.
f. Any damage incurred outside of the HBLL seasons to the internal netting, carpet, pitching screens and mounds shall be the sole responsibility of CITY for repairs and maintenance.
g. CITY will resume all reservation rights and responsibilities associated with the general upkeep and maintenance of the Batting Cages while HBLL is not in season.
h. It is expressly understood that HBLL is a non-profit organization renting the batting cages from CITY and does not have the ability to “police” the batting cages for the CITY while not being used by HBLL. It's foreseeable that non-HBLL players and coaches will enter and use the batting cages. It's expressly understood and agreed that HBLL is not responsible for any injuries or property damages caused by these third parties who are not under the supervision of HBLL or have not been given access by HBLL or obtain access by HBLL. City agrees to hold HBLL harmless for any such claims.

CARE AND MAINTENANCE OF PREMISES:

a. HBLL acknowledges that the Site is in good order and repair as applicable to its intended use. HBLL shall maintain the condition of the Site for its dedicated use and while a permit has been issued for its use. HBLL shall surrender the Site at the conclusion of HBLL seasonal permit, in as good condition as received, normal wear and tear excepted.
b. HBLL understands that the facility is being rented in as-is condition. Any request by HBLL for additional maintenance activities outside of the normal schedule shall be made in writing to the city at least seven days in advance. HBLL will reimburse CITY for the reasonable cost of such additional maintenance. In the event a cost is to exceed, $1,000.00, CITY agrees to consult with HBLL before incurring any costs to discuss all viable options except circumstances that in the sole discretion of the CITY constitute a threat to public health and safety. The City reserves the right to refuse changes to planned maintenance activities.
c. HBLL is required to participate in logistical and planning meetings with CITY no later than 30 days prior to the start of each season and HBLL shall compile a list of any maintenance or repairs to Site, including Batting Cages, to be submitted through Go Hermosa on the CITY website or through the Go Hermosa app. d. Should additional non-emergency maintenance be deemed necessary, it is the responsibility of HBLL to submit a service request through Go Hermosa on the CITY website or through the Go Hermosa app. Emergency requests shall be submitted to the Public Works Department during regular business hours; Monday-Thursday 7:00am-6:00pm and after hours shall be submitted through the urgent Public Works Department request line through the Police Department at (310) 318-0360. The CITY acknowledges that the premises are in good order and repair with no known risk to health or safety.
e. HBLL shall be responsible for field maintenance prior, during and after gameplay including a field drag between games and to address field wear and tear caused by gameplay using Infield Pro Mix Dirt (CITY provided prior to start of each season), clay (HBLL provided) and the application of Turface infield conditioner (HBLL provided).

f. HBLL agrees that it will not use herbicides or pesticides on the field. g. HBLL shall leave the fields, dugouts, and seating areas clean of trash and debris that may have collected as a result of HBLL’s use of the Site. h. HBLL shall be responsible for monitoring and emptying all trash receptacles into the CITY provided dumpsters at Clark Field at the end of each game day and as needed during games days.
i. HBLL provided trash receptables are HBLLs responsibility. j. HBLL shall submit a service request through Go Hermosa on the CITY website or through the Go Hermosa app if the CITY provided dumpsters are full so that additional pickups can be scheduled if necessary.
k. HBLL agrees that no vehicles outside of its approved golf carts shall be used on the field. If other vehicle use is necessary, HBLL agrees to submit this request in writing through Go Hermosa on the CITY website or through the Go Hermosa app at least seven days in advance to obtain permission from the Public Works Superintendent prior to accessing the field. Review and approval of such request will not be unreasonably withheld.
l. HBLL confirms its acknowledgement that all CITY properties are smoke free facilities.

ENHANCEMENT PROJECTS:
a. HBLL may make Site enhancement recommendations for CITY consideration in the development of future Capital Improvement Projects to the Public Works Department. The CITY will prioritize those projects that provide the most benefit to all users of the Site.
b. HBLL shall not make any alterations, additions, or improvements at the Site without written consent from the CITY.

ADVERTISING AND SPONSOR BANNERS:
a. All sponsor signs, props, product facsimiles, etc. deemed necessary by HBLL to identify HBLL shall be approved as to location at the Site and content by the Community Resources Department.
b. CITY reserves the right to relocate or remove banners if they are found to be inappropriate or pose a safety issue. The Community Resources Department will notify HBLL before relocating or removing banners unless a safety concern warrants immediate action.
c. League signs, banners, flyers, promotional materials, and other league related items may be installed on exterior fences, back stop padding, scoreboard, foul line fences and Batting Cages toward the field no earlier than two weeks prior to the start of each season. HBLL shall not affix these banners before the Community Resources Department issues the permit for the season and HBLL must remove all signs, banners, flyers, promotional materials, and items relating to its league no more than two weeks following the end of the season. These items must be attached in a manner that does not damage existing infrastructure to the Site. CITY shall be responsible for back stop padding at Site, outside of HBLL season.
d. CITY grants HBLL permission to use the CITY name and logo, and to refer to the CITY as a partner in marketing related to services, provided that such use is in accordance with good business practice and in a manner to promote the reputation and goodwill of the CITY.

EVENTS:
a. HBLL may organize, coordinate, produce and oversee its annual Opening Day, Closing Day, and Night at the Ballpark events (hereinafter called “Event(s)”). HBLL must annually inform the CITY of its intent to produce each Event, including confirmation of event date and event times by July 30 of the year prior to the calendar year in which the events will take place by completing the Special Event Application on the City website. with the exception of Opening Day and the Night

at the Ballpark events of the 2025 season. CITY shall work with HBLL to permit Opening Day and the Night at the Ballpark events of the 2025 season on an expedited timeline beginning with the commencement of this Agreement. .Should HBLL desire to produce additional Events other than those stated in Section IX(a), it must follow the Special Event Approval process outlined in HBMC Chapter 12.30.
b. Use of additional location(s) in proximity of the Site may be approved as mutually agreed upon between the CITY and HBLL provided HBLL informs the Community Resources Department of this request at least 30 days prior to each Event. c. The CITY or HBLL may cancel an Event within 30 days written notice prior to each Event without penalty due to public health/pandemic-related health orders that would deem the event unsafe or temporarily prohibited. CITY shall have no liability whatsoever to HBLL for the effect of such suspension and closure on any Event, nor shall CITY have any responsibility to provide HBLL with substitute Event locations. HBLL’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.
d. HBLL 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 INSURANCE section.
e. HBLL shall additionally procure any required permits from the Los Angeles County Health Department and any other government agency should food service or other activity that requires additional permits is provided at an Event. f. HBLL shall implement the CITY’s environmental sustainability measures, including but not limited to:

a. Generators on the venue shall be electric or operated with a 50% blend of bio-diesel fuel, or equivalent or lower emissions sources. b. HBLL has read, understands, and accepts responsibility for ensuring implementation of the City’s food packaging prohibitions in Section

8.64.030 of the Hermosa Beach Municipal Code (HBMC), which reads as follows: 8.64.030(C). No Person shall use or distribute Polystyrene Food Service Ware at City sponsored events, City-managed concessions and City meetings open to the public. This subsection shall apply to the function organizers, agents of the organizers, City Contractors, Food Providers and any other Person that enters into an agreement with one or more of the function sponsors to sell or distribute Prepared Food or otherwise provide a service related to the function.
c. Use of single-use plastic bags (Per HBMC 8.68) to deliver, provide, or hand merchandise or Event-related items is prohibited.
d. HBLL shall additionally implement all sustainability measures in the City’s Green Matrix through its conduct of each Event and shall ensure vendor compliance, including:
i. Incorporate sustainability requirements into vendor agreements, and advertise green measures and rules in event advertising and online;
ii. Prohibit the use of single-use plastic straws, stirrers, and utensils (per HBMC 8.64); limit single-use paper, packaging, and décor items; use appropriately sized plates, containers and cups; and limit use of handouts, flyers and giveaways.
iii. Enact a no-idling requirement for vehicles associated with the loading and unloading of event-related equipment; and
iv. HBLL shall Provide onsite personnel to ensure that litter and trash are minimized, and recycling is maximized. HBLL will perform its

due diligence to estimate necessary trash service for special events and contact the City’s franchised waste hauler at least two weeks in advance to secure any additional service necessary, at HBLL’s expense. Additional pickups or cleaning of the premises, performed by either Athen’s or City staff, beyond that scheduled will be paid for at HBLLs expense.
g. HBLL shall participate in pre-event and post-event reviews of compliance with sustainability measures.
h. HBLL may request an Amplified Sound Permit for event related entertainment.

The CITY will consider approval based on the overall impacts to the Site and the surrounding area.
i. HBLL is required to participate in pre-event and post-event meetings with relevant CITY departments as requested by the CITY to discuss each Event. j. HBLL may also be required to supply additional equipment such as portable restrooms or other items deemed necessary by the CITY as determined during pre-event meetings.

INSURANCE, IDEMNITY, AND ASSUMPTION OF RISK:
a. At least ten (10) days prior to the start of league activities at the Site, HBLL shall provide CITY a Certificate of Insurance providing personal injury and property damage liability insurance naming CITY its officers, employees, and agents as additional insured with a minimum coverage of $2 million combined single limit coverage. Insurance is to be placed with insurers with a current AM Best’s rating of no less than A: VII. Said insurance shall not be canceled or altered without 30 days’ notice in writing to CITY.
b. HBLL insurers shall be primarily responsible for all liability resulting from or arising out of the performance of the contract, and CITY and their insurers shall not be required to contribute.

c. For insurance purposes, the Site shall be defined to include all areas occupied or affected by HBLL’s regular season, as depicted on Exhibit A (“Site Map”). d. During the HBLL season, HBLL shall hold harmless, defend and indemnify the CITY, its officers, employees and volunteers 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 HBLL’s league and performance of the league hereunder or its failure to comply with any of its obligations contained in this Agreement except such loss or damage which was caused by the sole negligence or willful misconduct of the CITY. The CITY shall indemnify HBLL 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 the sole negligence or willful misconduct of the CITY.

III. CITY RESPONSIBILITIES.
a. The Community Resources Department shall provide an annual reservation permit to HBLL to conduct its league activities at the Site. The permit will outline specific date(s) and time(s) that HBLL has been granted permission to use the Site.
b. CITY shall provide HBLL storage space in one CITY owned storage closet to store league-related equipment and materials only. All league-related equipment and materials must be stored within the HBLL owned sheds and CITY owned storage closet. No perishable items are allowed to be stored. The CITY owned storage closet shall be kept clean of trash and debris. CITY shall ensure that the CITY owned storage closet remains in safe working order. HBLL shall be provided with keys to and entitled to unlimited access to this storage shed. The CITY reserves the right to make the CITY owned storage closet available to other groups and/or for other activities during the off-season. The CITY additionally reserves the right to request the removal of all HBLL equipment and materials should the CITY need exclusive use of the shed at any time and will provide 30 days written notice to HBLL.

c. Upon mutual prior agreement, cost of CITY personnel for additional services beyond traditional Site use shall be assumed by HBLL and paid to the CITY no more than 30 days following the conclusion of its regular season.

CARE AND MAINTENANCE OF PREMISES:
a. The CITY shall be responsible for general field maintenance, including field “lips” mid-season.
b. The CITY shall be responsible for scoreboard maintenance and associated mechanical repairs that are necessary to maintain the current condition of the scoreboard.

IV. INDEPENDENT CONTRACTOR:
a. CITY and HBLL shall each be and act as independent contractors and under no circumstances shall this agreement be construed as one of agency or partnership between CITY and HBLL. Each party acknowledges and agrees that it neither has nor will give the appearance or impression of having any legal authority to bind or commit the other party in any way other than as authorized by this Agreement.

IV. COMPLIANCE WITH THE LAW:
a. Should it be determined that this Agreement or any provision hereof violates any federal, state, or local law or regulation, then the parties shall promptly modify this Agreement to the extent necessary to bring about compliance with such law and/or regulation; provided, however, that if such modification would cause this Agreement to fail in its essential purpose or purposes, it shall be deemed cancelled by mutual agreement of the parties and neither party shall have any further obligations or liabilities with respect to this Agreement.

XII. RESERVATION OF RIGHTS BY CITY.
a. CITY reserves the right in its sole discretion at any time or times to close and suspend the use of the Site 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 HBLL for the effect of such suspension and closure of the Site, nor shall CITY have any

responsibility to provide HBLL with substitute location(s). HBLL’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 and its contractual rights as described in this Agreement.
b. Notwithstanding any other provision of this lease both parties reserve the right to terminate the Agreement at any time and without cause upon giving thirty (30) days written notice to the other party.

XIII. ENTIRE AGREEMENT.
a. This Agreement constitutes the entire understanding between the parties with respect to the subject matter hereof and supersedes all prior understandings or agreements in regard hereto. This Agreement cannot be altered or modified except by an agreement in writing signed by both parties.

CITY OF HERMOSA BEACH
_____________________ _____________________________
Dean Francois, Mayor Suja Lowenthal, City Manager

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

HERMOSA BEACH LITTLE LEAGUE
______________________
Dave Shott, President

1 | HBLL AGREEMENT

AGREEMENT FOR USE OF THE HERMOSA BEACH CLARK FIELD COMPLEX BETWEEN THE CITY

OF HERMOSA BEACH AND THE HERMOSA BEACH LITTLE LEAGUE
This Agreement for Use of the Hermosa Beach Clark Field Complex (hereinafter called “Agreement”) is made the 8th day of February 2022 by and between the City of Hermosa Beach, a municipal corporation (hereinafter called “CITY”) and Hermosa Beach Little League, a California nonprofit public benefit corporation (hereinafter called “HBLL”).

RECITALS
A. HBLL has requested and CITY is willing to make the Clark Field Complex (hereinafter called “Site”, as depicted on Exhibit B, “Site Map”), consisting of three baseball fields and open space, batting cages, a concession stand, one (1) city-owned storage shed, and two (2) HBLL owned storage sheds available to HBLL for its annual youth baseball program pursuant to the terms and conditions of this Agreement.

B. CITY desires a commitment from HBLL regarding its use of the Site including general maintenance and upkeep during regular season play in addition to the development of clear guidelines for future Site improvements.

C. HBLL desires a commitment from CITY to secure the Site for each regular season, including practices, games, tournaments, and Events for the term of this Agreement.

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

I. TERM AND PAYMENT.
a. The Term of this Agreement shall be for three seasons commencing with the 2022 season and terminating with the 2024 season unless earlier terminated as provided herein.
b. HBLL agrees to pay CITY applicable fees for its use of the Site. Fees are to be as established in the CITY’s annual Master Fee Schedule. c. All rental payments shall be made to the CITY within thirty (30) days following the conclusion of each season for which a permit is issued. d. Either the CITY or HBLL may terminate this Agreement at any time upon giving thirty (30) days written notice to the other party as outlined in Section XIV(b).
e. HBLL may apply the available credit previously earned for Site enhancement projects towards the payment of applicable CITY fees. As of the date hereof, the amount of the credit is $59,799.37. At the conclusion of this Agreement, any credit remaining will be balanced to zero and may no longer be used in this manner.

DocuSign Envelope ID: 0A935DCF-C058-487A-AB91-4AD56CFADBC9

2 | HBLL AGREEMENT
II. HBLL RESPONSIBILITIES.
a. HBLL shall maintain its status as a non-profit organization throughout the term of this Agreement.
b. At least thirty (30) days prior to the commencement of each season, HBLL shall apply for a permit from the CITY authorizing HBLL’s use for the forthcoming season. HBLL shall include in that permit application its request for use and further specify the dates and times for said requested use. c. HBLL will provide, at its own expense, all league-related equipment. HBLL will provide setup and tear down of equipment within the allocated rental times included on the final permit.
d. HBLL shall annually provide a designated representative to consult, as necessary, with the CITY designee regarding all aspects of its activities on the Site. Final decisions will be made by CITY regarding compliance with the Agreement as well as any issues that directly and/or adversely impact the community.
e. HBLL shall not sublease any area of the Site without the express written approval of the CITY.
f. HBLL is allowed two (2) storage sheds to remain on the western area of the Site to store league-related equipment and materials only. All leaguerelated equipment and materials must be stored within the HBLL owned sheds and space allotted within the CITY owned shed. No perishable items are allowed to be stored. General upkeep and regular maintenance of these facilities shall be the responsibility of HBLL. Storage sheds shall be kept clean of trash and debris and must remain in safe working order. The placement of additional storage units must be requested in writing for consideration. The CITY shall be provided with keys to and entitled to unlimited access to any storage unit.
g. HBLL is required to participate in logistical and planning meetings with Community Resources and Public Works CITY Liaisons no later than thirty (30) days prior to the start of each season and HBLL shall compile a list of any maintenance or repairs to Site, including Batting Cages. h. Within sixty (60) days following the conclusion of HBLL’s regular season, HBLL shall provide an annual overview of the season activities, including Events, to the Parks, Recreation and Community Resources Advisory Commission in the form of an agendized presentation.
i. HBLL, at its own expense, may maintain the camera installed on the north field to film and broadcast HBLL games following the League University DocuSign Envelope ID: 0A935DCF-C058-487A-AB91-4AD56CFADBC9

3 | HBLL AGREEMENT
Guidance for Self Producing Internet Webcast and Streams Using Social Media. HBLL agrees to register all equipment with the Hermosa Beach Police Department and allow the CITY access to the footage on request.

CITY reserves to right to require the removal of the camera, at any time, at HBLL expense. If HBLL wishes to install additional cameras, HBLL agrees to submit this request in writing at least thirty (30) days in advance to obtain permission from the CITY prior to installation. Review and approval of such request will not be unreasonably withheld.
j. HBLL acknowledges that any naming request or proposal with respect to any portion of the Site shall go through the CITY Municipal Naming, Monument and Sponsorship Policy process for review and approval.

III. CITY RESPONSIBILITIES.
a. CITY shall provide an annual permit to HBLL to conduct its league activities at the Site. The permit will outline specific date(s) and time(s) that HBLL has been granted permission to use the Site.
b. CITY shall provide HBLL a designated liaison from the Community Resources Department to serve as the assigned contact regarding the operation of league activities on the Site. All decisions of a CITY designee shall be final with respect to any issues that involve compliance with this Agreement as well as any issues that directly and/or adversely impact the community.

Said CITY designee shall consult with the designated representative of HBLL and it shall be the goal of both parties to reach mutual agreement on matters of league operation.
c. CITY shall provide HBLL storage space in one (1) city-owned storage shed to store league-related equipment and materials only. All league-related equipment and materials must be stored within the HBLL owned sheds and space within the CITY owned shed. No perishable items are allowed to be stored. The storage shed shall be kept clean of trash and debris. CITY shall ensure that this shed remain in safe working order. HBLL shall be provided with keys to and entitled to unlimited access to this storage shed. The CITY reserves the right to make the storage shed available to other groups and/or for other activities during the off-season. The CITY reserves the right to request the removal of all HBLL equipment and materials should the CITY need exclusive use of the shed at any time and will provide thirty (30) days written notice to HBLL.
d. Upon mutual prior agreement, cost of CITY personnel for additional services beyond traditional Site use shall be assumed by HBLL and paid to the CITY no more than thirty (30) days following the conclusion of its regular season.

IV. CARE AND MAINTENANCE OF PREMISES.

DocuSign Envelope ID: 0A935DCF-C058-487A-AB91-4AD56CFADBC9

4 | HBLL AGREEMENT
a. HBLL acknowledges that the Site is in good order and repair as applicable to its intended use. HBLL shall maintain the condition of the Site for its dedicated use and while a permit has been issued for its use. HBLL shall surrender the Site at termination of a permit, in as good condition as received, normal wear and tear excepted.
b. HBLL understands that the facility is being rented in as-is condition. Any request by HBLL for additional maintenance activities outside of the normal schedule shall be made in writing to the city at least seven (7) days in advance. HBLL will reimburse CITY for the cost of such additional maintenance. The City reserves the right to refuse changes to planned maintenance activities.
c. HBLL shall be responsible for field maintenance prior, during and after gameplay including a field drag between games and to address field wear and tear caused by gameplay using Infield Pro Mix Dirt (CITY provided prior to start of each season), clay (HBLL provided) and the application of Turface infield conditioner (HBLL provided).
d. The CITY shall be responsible for general field maintenance, including field “lips” mid-season.
e. HBLL agrees that it will not use herbicides or pesticides on the field. f. HBLL shall be responsible for maintenance of pitching mounds, bullpen pitching mounds and carpet, home plates, base plugs and bases. HBLL agrees to properly cover base plugs located throughout the Site when not in use.
g. HBLL shall leave the fields, dugouts, and seating areas clean of trash and debris that may have collected as a result of HBLL’s use of the Site. h. HBLL agrees that no vehicles outside of its approved golf carts shall be used on the field. If other vehicle use is necessary, HBLL agrees to submit this request in writing at least seven (7) days in advance to obtain permission from the Public Works Superintendent prior to accessing the field. Review and approval of such request will not be unreasonably withheld. i. HBLL will immediately report all vandalism to the CITY designated liaison upon discovery.
j. The CITY shall be responsible for scoreboard maintenance and associated mechanical repairs that are necessary to maintain the current condition of the scoreboard.
k. Should non-emergency maintenance be deemed necessary, it is the responsibility of HBLL to submit a service request through the CITY website DocuSign Envelope ID: 0A935DCF-C058-487A-AB91-4AD56CFADBC9

5 | HBLL AGREEMENT
or Go Hermosa app. Emergency requests shall be submitted to the designated liaison from the Community Resources Department. The CITY acknowledges that the premises are in good order and repair with no known risk to health or safety.
l. HBLL confirms its acknowledgement that all CITY properties are smoke free facilities.

V. ENHANCEMENT PROJECTS.
a. HBLL may make Site enhancement recommendations for CITY consideration in the development of future Capital Improvement Projects.

Said requests will be acted upon as outlined in this Section V. The CITY will prioritize those projects that provide the most benefit to all users of the Site. b. HBLL shall not make any alterations, additions, or improvements at the Site without written consent from the CITY.
c. The following process must be followed for HBLL to formally receive approval for enhancement projects:
i. A written request to the CITY outlining all details of the project including its exact location, cost, benefit, and impacts. The CITY will review this request against other projects at the Site in addition to other users to determine whether it should proceed. ii. A formal presentation will be provided to the Parks, Recreation and Community Resources Advisory Commission for its
consideration. If deemed necessary, a presentation to the Public Works Commission may also be required.
iii. A formal presentation will be provided to the City Council for its formal approval of the project.
iv. The parties will execute a Memorandum of Understanding (“MOU”) specific to the project.
d. HBLL agrees to pay for the project in the amount agreed upon at the time the MOU is approved. Following approval, HBLL agrees to meet with the CITY as necessary so that all necessary permits and or approvals may be issued in a timely manner.

VI. ADVERTISING & SPONSOR BANNERS
DocuSign Envelope ID: 0A935DCF-C058-487A-AB91-4AD56CFADBC9

6 | HBLL AGREEMENT
a. All sponsor signs, props, product facsimiles, etc. deemed necessary by HBLL to identify HBLL shall be approved as to location at the Site and content by CITY.
b. CITY reserves the right to relocate or remove banners if they are found to be inappropriate or pose a safety issue. CITY will notify HBLL before relocating or removing banners unless a safety concern warrants immediate action.
c. League signs, banners, flyers, promotional materials, and other league related items may be installed on exterior fences, back stop padding, scoreboard, foul line fences and Batting Cages toward the field no earlier than two weeks prior to the start of each season. HBLL shall not affix these banners before the CITY issues the permit for the season and HBLL must remove all signs, banners, flyers, promotional materials, and items relating to its league no more than two weeks following the end of the season.

These items must be attached in a manner that does not damage existing infrastructure to the Site. CITY shall be responsible for back stop padding at Site, outside of HBLL season.
e. CITY grants HBLL permission to use the CITY name and logo, and to refer to the CITY as a partner in marketing related to services, provided that such use is in accordance with good business practice and in a manner to promote the reputation and goodwill of the CITY. The CITY prior review of artwork and written approval is required for any use of CITY logo in HBLL marketing materials such as but not limited to signage, press releases, print pieces, broadcast emails, social media graphics, and website postings.

When including the CITY logo in HBLL marketing materials, the logo of the City of Hermosa Beach preceded by the words “In Partnership With” must be given due prominence. The CITY logo should never appear by itself in HBLL materials; instead, it should be paired with HBLL logo. CITY will provide an electronic copy of the most current logo to HBLL for use in materials. HBLL will, in turn, only use the most current logo of the CITY. f. By the end of the 2022 season, HBLL shall cease the use of its existing logo and have developed its own unique logo and brandmark that is distinctive, and to not to be reasonably mistaken in any way for the CITY seal or logo, as described in Hermosa Beach Municipal Code Chapter 1.06. HBLL’s new logo will be subject to CITY approval, which approval will be limited to a determination that the logo cannot be reasonably mistaken for the CITY seal or logo.

VII. CONCESSION STAND.
a. HBLL may sell or otherwise distribute food and beverages to players and spectators at games, subject to reasonable regulations of the Los Angeles County Health Department. The sale and distribution of such food and DocuSign Envelope ID: 0A935DCF-C058-487A-AB91-4AD56CFADBC9

7 | HBLL AGREEMENT
beverages is limited to the existing concession stand and the immediately adjoining bricked in patio area. No other area of the Site may be used for the selling or distribution of food and beverage items. b. HBLL may not assign or otherwise transfer the right to sell or distribute food or drink on the property to another person or entity without the written approval of the CITY.
c. HBLL agrees that it will be responsible for proper disposal of any litter, rubbish, or trash resulting from any concession stand sales that may be found in and around the Site.
d. HBLL shall ensure that the patio area located west of the concession stand and all equipment located therein will be properly cleaned after each use. e. HBLL agrees to properly store perishable items in sealed containers when the concession stand is not in use.
f. The concession stand must be cleared out within two weeks following the end of each season with the exception of the refrigerator owned by HBLL.

HBLL shall lock and secure the refrigerator outside of their season and the CITY shall be provided access in the case of emergency. HBLL acknowledges that the CITY reserves the right to make the concession stand available to other groups and/or for other activities during the offseason. g. HBLL expressly acknowledges that the CITY will paint over the mural on the south wall of the concession stand and that HBLL shall not cause any future murals to be painted without CITY permission.
h. CITY reserves the right to inspect or access the concession stand at any time.

VIII. BATTING CAGES
a. HBLL will have exclusive use of the Batting Cages during dates and times confirmed in its permit.
b. HBLL shall be solely responsible for maintenance and operations of the Batting Cage pitching machines. HBLL shall ensure that all equipment is in good and operational order and is safe for its users. HBLL will provide to CITY copies of all maintenance records within seven (7) days of completion of any maintenance.
c. HBLL shall not sublease the Batting Cages to any other organization or team.

DocuSign Envelope ID: 0A935DCF-C058-487A-AB91-4AD56CFADBC9

8 | HBLL AGREEMENT
d. HBLL will properly and safely secure all pitching machines and other equipment within the Batting Cages to make the facility inoperable when not in use.
e. CITY and HBLL shall coordinate shared access to the Batting Cages. It is the responsibility of both parties to inform the other if there are access issues that must be rectified so that access is not hindered to either party. f. Any damage incurred during HBLL during HBLL seasons to the internal netting, carpet, pitching screens and mounds shall be the sole responsibility of HBLL for repairs and maintenance.
g. Any damage incurred outside of the HBLL seasons to the internal netting, carpet, pitching screens and mounds shall be the sole responsibility of CITY for repairs and maintenance.
h. CITY will resume all reservation rights and responsibilities associated with the general upkeep and maintenance of the Batting Cages while HBLL is not in season.

IX. EVENTS
a. HBLL may organize, coordinate, produce and oversee its annual Opening Day, Closing Day, and Night at the Ballpark events (hereinafter called “Event(s)”). HBLL must annually inform the CITY of its intent to produce each Event, including confirmation of event date and event times no later than three (3) months prior to each Event by completing the Special Event Application with the exception of Opening Day and the Night at the BallPark events of the 2022 season. CITY shall work with HBLL to permit Opening Day and the Night at the Ballpark events of the 2022 season on an expedited timeline beginning with the commencement of this Agreement. Should HBLL desire to produce additional Events other than those stated in Section IX(a), it must follow the Special Event Approval process outlined in HBMC Chapter 12.30.
b. Use of additional location(s) in proximity of the Site may be approved as mutually agreed upon between the CITY and HBLL provided HBLL informs the CITY of this request at least 30 days prior to each Event. c. The CITY or HBLL 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 shall have no liability whatsoever to HBLL for the effect of such suspension and closure on any Event, nor shall CITY have any responsibility to provide HBLL with substitute Event locations.

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9 | HBLL AGREEMENT
d. HBLL’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.
e. HBLL 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.
f. HBLL shall additionally procure any required permits from the Los Angeles County Health Department and any other government agency should food service or other activity that requires additional permits is provided at an Event.
g. HBLL shall implement the CITY’s environmental sustainability measures, including but not limited to:
i. Generators on the venue shall be electric or operated with a 50% blend of bio-diesel fuel, or equivalent or lower emissions sources. ii. HBLL has read, understands, and accepts responsibility for ensuring implementation of the City’s food packaging prohibitions in Section

8.64.030 of the Municipal Code, which reads as follows: 8.64.030(C).

No Person shall use or distribute Polystyrene Food Service Ware at City sponsored events, City-managed concessions and City meetings open to the public. This subsection shall apply to the function organizers, agents of the organizers, City Contractors, Food Providers and any other Person that enters into an agreement with one or more of the function sponsors to sell or distribute Prepared Food or otherwise provide a service related to the function. iii. Use of plastic bags to deliver, provide, or hand merchandise or Event-related items is prohibited.
iv. HBLL shall additionally implement all sustainability measures in the City’s Green Matrix through its conduct of each Event and shall ensure vendor compliance, including:

1. Incorporate sustainability requirements into vendor
agreements, and advertise green measures and rules in
event advertising and online;

2. Prohibit the use of single-use plastic straws, stirrers, and utensils beginning July 1, 2020 (per HBMC 8.64); limit single-use paper, packaging, and décor items; use appropriately sized plates, DocuSign Envelope ID: 0A935DCF-C058-487A-AB91-4AD56CFADBC9

10 | HBLL AGREEMENT
containers and cups; and limit use of handouts, flyers and giveaways;

3. Enact a no-idling requirement for vehicles associated with the loading and unloading of event-related equipment; and

4. HBLL shall Provide onsite personnel to ensure that litter and trash are minimized, and recycling is maximized.
h. HBLL shall participate in pre-event and post-event reviews of compliance with sustainability measures.
i. HBLL may request an Amplified Sound Permit for event related entertainment. The CITY will consider approval based on the overall impacts to the Site and the surrounding area.
j. HBLL is required to participate in logistical and planning meetings with relevant CITY departments as requested by the CITY to discuss each Event. k. HBLL may also be required to supply additional equipment such as portable restrooms or other items deemed necessary by the CITY as determined during Logistical Meetings.

X. INSURANCE.
a. At least ten (10) days prior to the start of league activities at the Site, HBLL shall provide CITY a Certificate of Insurance providing personal injury and property damage liability insurance naming CITY its officers, employees, and agents as additional insured with a minimum coverage of $2 million combined single limit coverage. Insurance is to be placed with insurers with a current AM Best’s rating of no less than A: VII. Said insurance shall not be canceled or altered without thirty (30) days’ notice in writing to CITY. b. HBLL insurers shall be primarily responsible for all liability resulting from or arising out of the performance of the contract, and CITY and their insurers shall not be required to contribute.
c. For insurance purposes, the Site shall be defined to include all areas occupied or affected by HBLL’s regular season, as depicted on Exhibit B (“Site Map”).

XI. INDEMNITY AND ASSUMPTION OF RISK.
a. HBLL shall hold harmless, defend and indemnify the CITY, its officers, employees and volunteers 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 HBLL’s league and performance of the league hereunder or its failure to comply with any DocuSign Envelope ID: 0A935DCF-C058-487A-AB91-4AD56CFADBC9

11 | HBLL AGREEMENT
of its obligations contained in this Agreement except such loss or damage which was caused by the sole negligence or willful misconduct of the CITY.

The CITY shall indemnify HBLL 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 the sole negligence or willful misconduct of the CITY.
b. By signing this agreement, HBLL acknowledges the contagious nature of COVID-19 and voluntarily assume the risk that league participants and their families, league administrators, league officials, and contractors of the league (“program participants”) may be exposed to or infected by COVID19 by using the Site, and that such exposure or infection may result in personal injury, illness, permanent disability, and death. HBLL understands that the risk of becoming exposed to or infected by COVID-19 at the Site may result from the actions, omissions, or negligence of program participants and others, including, but not limited to, City of Hermosa Beach employees, officials and agents.
c. HBLL assumes all risks of damages and injury to program participants and others arising out of or attributable to its use of the Site during the COVID19 pandemic. HBLL hereby releases and discharges the City of Hermosa Beach and its officers, employees and agents, from any and all claims for losses, injuries, damages or liabilities, including personal injury and injury to personal property arising out of or attributable to its use of the Site during the COVID-19 pandemic, and HBLL expressly releases the City of Hermosa Beach and its officers, employees and agents from and against any and all claims or liability arising from their negligence. HBLL voluntarily agrees to assume all of the foregoing risks and accepts sole responsibility for any injury to program participants including, but not limited to, personal injury, disability, and death, illness, damage, loss, claim, liability, or expense, of any kind, that may be experienced or incurred in connection with use of the facilities described in Recital A. HBLL hereby releases, covenants not to sue, discharges, and holds harmless the City of Hermosa Beach, its employees, officers, and agents, of and from all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. HBLL understands and agrees that this release includes any claims based on the actions, omissions, or negligence of the City of Hermosa Beach, its employees, officers and agents, whether a COVID-19 infection occurs before, during, or after use of the Site.

XII. INDEPENDENT CONTRACTOR.
a. CITY and HBLL shall each be and act as independent contractors and under no circumstances shall this agreement be construed as one of agency or partnership between CITY and HBLL. Each party acknowledges and agrees that it neither has nor will give the appearance or impression of having any legal authority to bind or commit the other party in any way other than as authorized by this Agreement. Nothing in this Agreement shall DocuSign Envelope ID: 0A935DCF-C058-487A-AB91-4AD56CFADBC9

12 | HBLL AGREEMENT
be construed to create a joint venture between the parties hereto or to obligate either party for debts or obligations incurred by the other party in the performance of this Agreement.

XIII. COMPLIANCE WITH THE LAW.
a. Should it be determined that this Agreement or any provision hereof violates any federal, state, or local law or regulation, then the parties shall promptly modify this Agreement to the extent necessary to bring about compliance with such law and/or regulation; provided, however, that if such modification would cause this Agreement to fail in its essential purpose or purposes, it shall be deemed cancelled by mutual agreement of the parties and neither party shall have any further obligations or liabilities with respect to this Agreement.

XIV. RESERVATION OF RIGHTS BY CITY.
a. CITY reserves the right in its sole discretion at any time or times to close and suspend the use of the Site 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 HBLL for the effect of such suspension and closure of the Site, nor shall CITY have any responsibility to provide HBLL with substitute location(s). HBLL’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 and its contractual rights as described in this Agreement.
b. Notwithstanding any other provision of this lease both parties reserve the right to terminate the Agreement at any time and without cause upon giving thirty (30) days written notice to the other party XV. ENTIRE AGREEMENT.
a. This Agreement constitutes the entire understanding between the parties with respect to the subject matter hereof and supersedes all prior understandings or agreements in regard hereto. This Agreement cannot be altered or modified except by an agreement in writing signed by both parties.

CITY OF HERMOSA BEACH
Michael Detoy, Mayor Suja Lowenthal, City Manager
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13 | HBLL AGREEMENT

ATTEST APPROVED AS TO FORM
_________________________________ _________________________________ Myra Maravilla, City Clerk Michael Jenkins, City Attorney

HERMOSA BEACH LITTLE LEAGUE
_________________________________
Mark Mamber, President
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14 | HBLL AGREEMENT
EXHIBIT A – SAMPLE Special Event Permit

CITY OF HERMOSA BEACH

SPECIAL EVENT PERMIT
I. Permit
CITY OF HERMOSA BEACH (“City”) hereby grants approval to the ______________ EVENT PLANNER”) for use of the ____________ (the “SITE”) as the location for the _________________ (the “EVENT”).

The permission granted herein for conduct of the EVENT on the SITE, shall commence from ________ and terminate at __________, including set up and tear down, on _________________________.

This Permit is revocable at any time for violation of conditions of approval, the Hermosa Beach Municipal Code or any applicable regulation or law.

II. Event Planner’s Obligations (checked boxes denote applicable obligations)

1. Not more than 60 days and not less than 30 days in advance of the EVENT, EVENT PLANNER shall:
☐ a) 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.
☐ b) Insurance: Provide to City a policy of comprehensive general liability insurance with a combined single limit of not less than $2,000,000.00 per occurrence. Such insurance shall (a) name the City, its appointed and elected officials, officers, employees and agents as insured’s; and (b) be primary with respect to any insurance or self-insurance programs maintained by the City; and (c) contain standard cross-liability provisions. EVENT PLANNER 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 the EVENT PLANNER fails to pay any required deductible or self-insured retention, City may do so at EVENT PLANNER’s expense.

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15 | HBLL AGREEMENT
☐ c) Event fees: EVENT PLANNER shall tender any outstanding fees associated with the City’s Special Event Application process a minimum of 30 days prior to the EVENT unless non-profit, per participant fees apply for payment immediately following the event.
☒ d) 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., business license, street banner approval, light pole banner requests, etc.).
☐ e) 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; ☐ f) Notify all residents and businesses within a 300 foot radius of the SITE. The notice shall be in writing and shall include the date and time of the EVENT, and the telephone number of the designated representative. Said written notice shall be provided to the City through electronic copy not less than 1 week prior to distribution for review and approval;

2. Commencing with the date and time this permit authorizes the use by the EVENT PLANNER for the EVENT, EVENT PLANNER shall:
☐ a) Fence the entire EVENT area;
☐ b) Provide adequate portable restroom facilities for the EVENT according to standards as outlined by City for Special Events;
☐ c) Provide adequate first aid facilities and staff;
☐ d) Secure its own telephones and telephone lines for the EVENT; ☐ e) Install a protective barrier around the perimeter of the EVENT not later than _______________. 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);
☐ f) Ensure that the EVENT includes adequate access and seating to reasonably accommodate the needs of the disabled;
☐ g) Provide its staff and designated City representatives with proper credentials and identification for access to the EVENT and SITE area; ☐ h) Clean, restore, resurface and make operational the SITE to the satisfaction of the City (notwithstanding the clean-up activities described in Section III.7) upon completion of the EVENT and no later than the post-event walk-through (if applicable) described in Section III.9.;
☐ i) Maintain six (6) posted volleyball courts on the north side of the Pier for recreational use;
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16 | HBLL AGREEMENT
☐ j) Install and maintain six (6) posted, temporary volleyball courts on the south side of the Pier for recreational use.
☐ k) 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 described in Section III.7., including overhead and indirect costs. Payment shall be made within 60 days of receipt of invoice from City;
☐ h) DO NOT EXTEND PAST NOBLE PARK WITH ANY EVENT RELATED EQUIPMENT, SUPPLIES, OR SET UP.

3. 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 within 24 hours of any such change.

4. 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 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
☐ 1. Representatives of the City, including any required police and fire officials necessary to complete required inspections, and EVENT PLANNER shall perform a walk-through of the SITE on _______________, at which time the condition of the SITE shall be duly noted in writing by said representatives, and shall specifically identify any existing damage or other abnormalities and City shall repair anything identified as a potential hazard or liability prior to EVENT PLANNER taking possession of the SITE.
☐ 2. Facilitate closing of streets impacted by the SITE, including _______________, during the hours of _______________.
☐ 3. Approve text of notices as required by Section II. f. above. ☐ 4. Provide, at no additional cost, the following:
a) _____ collection containers with a storage capacity of not less than twenty-five (25) gallons each;
b) Collection vehicle and crew to empty the cans on the SITE; c) Street sweepers.

DocuSign Envelope ID: 0A935DCF-C058-487A-AB91-4AD56CFADBC9