Hermosa Beach City Council
April 8, 2025

RFP 25-002 City of Hermosa Beach

the Request for Qualifications and the remaining provisions shall be valid and enforceable.
• SUBCONTRACTOR INFORMATION. If the proposal includes the use of sub contractors, contractor must identify specific sub contractors and the specific requirements of this RFP for which each proposed sub contractor would perform services. All sub contractor for work services must follow all required provisions of the prime contract.
• VALIDITY. Proposal must be valid for a period of 90 days from the due date. • WITHDRAWAL OF PROPOSAL. Contractors’ authorized representative may withdraw Proposals only by written request received by this RFP contact personal before the Proposal Submittal Deadline.
• BUSINESS LICENSE. The selected firm(s) must obtain a City of Hermosa Beach Business license and maintain a current certificate of insurance with the City for the duration of the Professional Service Agreement.

RFP 25-002 City of Hermosa Beach

2. Overview

2.1 Background
The City of Hermosa Beach is located within the southwestern coastal portion of Los Angeles County in what is commonly referred to locally as the “South Bay” area. The City is bounded on the north by the City of Manhattan Beach, on the south by the City of Redondo Beach, on the east by the City of Redondo Beach and the City of Manhattan Beach, and on the west by the Pacific Ocean. The City limits for Hermosa Beach encompass a relatively small land area, approximately 1.4 square miles.

Hermosa Beach is thriving, and engaged community, with some 20,000 residents and naturally draws a high number of visitors to its beaches and downtown.

Governed by a five-member City Council with members elected at large, Hermosa Beach operates under the council/city manager form of government as a general law city. Like the community, the Council is informed, educated, and engaged. The programs and services provided by the City are accomplished through eight City departments: City Clerk, City Manager, Community Development, Community Resources, Finance, Human Resources, Police, and Public Works).

2.2 Objective and Goals
The City of Hermosa Beach is seeking a qualified contractor, or team of contractors capable of providing crossing guard services that achieve the following goals:
• Provide consistent, reliable, and cost-effective crossing guard services in support of the City’s Safe Routes to School program in coordination with the Hermosa Beach City School District and local private schools serving the developmental needs of the City’s children.
• Assist the City in identifying possible risk factors for children navigating the City. • Availability to partner with the Hermosa Beach Police Department during preplanned special vents or seasonal activities to provide a safe route for children and families.

2.3 Relevant Plans, Policies, Programs, or Projects
Proposers should review and consider the work already completed or underway in the development of approach, budget, and schedule. The following links are provided for your convenience:
• Fiscal Year 2022-23 Capital Improvement Program, adopted 2022 • 2022 ADA Self-Evaluation and Transition Plan, adopted 2022

RFP 25-002 City of Hermosa Beach

• Storm Drain Master Plan, adopted 2018
• Sewer Master Plan, adopted 2017
• Pavement Management Plan, adopted 2017
• PLAN Hermosa, the City’s Comprehensive General Plan and Local Coastal Program, adopted 2017

3. Scope of Services
The Scope of Work shall include, but not be limited to the following tasks. The services awarded by this RFP will have a direct impact on the City’s most vulnerable population.

At a minimum, the contractor must address the following in their proposal:

Start Date:
• Service start date will coincide with the first date of instruction for the City’s schools and is anticipated to be the last week August 2025. The school year is anticipated to end by June 13, 2025.
• Proposer shall agree to coordinate deployment with the City in anticipation of the service start date.

Insurance
• For the duration of the contract, the Proposer shall procure and maintain insurance against claims for injuries to their employees, other persons, and/or damages to property which may arise from or in connection with services, products, or materials supplied to the City. The cost of such insurance shall be the sole responsibility of the Proposer. Specific insurance provisions may be delineated in the contract between the Proposer and City. The proposer must also provide an endorsement to their liability insurance naming the City as an additional insured.

Work History/Experience
• Proposers shall submit a work history that lists the other public entities for whom the Proposer has performed similar work, including names, mailing addresses, email addresses, and telephone numbers. Existing services will be subject to inspection by the City. Proposers without the experience in a comparable field should show that they will have responsible management personnel who are qualified to plan, supervise, direct, and operate the service described in this RFP.

Key Personnel
• Proposers shall include a list of key personnel and their qualifications who have had experience in supervising school crossing guards, and other employees who

RFP 25-002 City of Hermosa Beach

will be associated with the service. The Proposer shall identify the contract/service manager and provide references for three (3) recent reservices. • A crossing guard supervisor must be designated for the entire duration of the contract and the City must be provided the supervisor’s name, telephone number, and hours of work.
• Substitute crossing guards must be available on short notice to provide services during call-outs due to illness or other absences.

Tentative Assignment Matrix:

LOCATION MON TUE WED THU FRI
Pacific Coast
Hwy./Pier
Avenue
(South)
7:15 – 8:30 A.M.
2:30 – 3:45 P.M.
7:15 – 8:30 A.M.
2:30 – 3:45 P.M.
7:15 – 8:30 A.M.
2:30 – 3:45 P.M.
7:15 – 8:30 A.M.
2:30 – 3:45 P.M.
7:15 – 8:30 A.M.
2:30 – 3:45 P.M.

Pacific Coast
Hwy./8th St.
7:15 – 8:30 A.M.
2:30 – 3:45 P.M.
7:15 – 8:30 A.M.
2:30 – 3:45 P.M.
7:15 – 8:30 A.M.
2:30 – 3:45 P.M.
7:15 – 8:30 A.M.
2:30 – 3:45 P.M.
7:15 – 8:30 A.M.
2:30 – 3:45 P.M.

Valley Dr./Pier
Ave.
7:15 – 8:30 A.M.
2:30 – 3:45 P.M.
7:15 – 8:30 A.M.
2:30 – 3:45 P.M.
7:15 – 8:30 A.M.
2:30 – 3:45 P.M.
7:15 – 8:30 A.M.
2:30 – 3:45 P.M.
7:15 – 8:30 A.M.
2:30 – 3:45 P.M.

Ardmore/Pier
Ave.
7:15 – 8:30 A.M.
2:30 – 3:45 P.M.
7:15 – 8:30 A.M.
2:30 – 3:45 P.M.
7:15 – 8:30 A.M.
2:30 – 3:45 P.M.
7:15 – 8:30 A.M.
2:30 – 3:45 P.M.
7:15 – 8:30 A.M.
2:30 – 3:45 P.M.
16th
St./Ardmore
7:15 – 8:30 A.M.
2:30 – 3:45 P.M.
7:15 – 8:30 A.M.
2:30 – 3:45 P.M.
7:15 – 8:30 A.M.
2:30 – 3:45 P.M.
7:15 – 8:30 A.M.
2:30 – 3:45 P.M.
7:15 – 8:30 A.M.
2:30 – 3:45 P.M.

Valley Dr./Pier
Ave./Hermosa
Valley School
7:15 – 8:30 A.M.
2:30 – 3:45 P.M.
7:15 – 8:30 A.M.
2:30 – 3:45 P.M.
7:15 – 8:30 A.M.
2:30 – 3:45 P.M.
7:15 – 8:30 A.M.
2:30 – 3:45 P.M.
7:15 – 8:30 A.M.
2:30 – 3:45 P.M.

Valley
Dr./Gould Ave.
7:15 – 8:30 A.M.
2:30 – 3:45 P.M.
7:15 – 8:30 A.M.
2:30 – 3:45 P.M.
7:15 – 8:30 A.M.
2:30 – 3:45 P.M.
7:15 – 8:30 A.M.
2:30 – 3:45 P.M.
7:15 – 8:30 A.M.
2:30 – 3:45 P.M.

Ardmore/
Gould Ave.
7:15 – 8:30 A.M.
2:30 – 3:45 P.M.
7:15 – 8:30 A.M.
2:30 – 3:45 P.M.
7:15 – 8:30 A.M.
2:30 – 3:45 P.M.
7:15 – 8:30 A.M.
2:30 – 3:45 P.M.
7:15 – 8:30 A.M.
2:30 – 3:45 P.M.

Pacific Coast
Hwy./16th St.
7:15 – 8:30 A.M.
2:30 – 3:45 P.M.
7:15 – 8:30 A.M.
2:30 – 3:45 P.M.
7:15 – 8:30 A.M.
2:30 – 3:45 P.M.
7:15 – 8:30 A.M.
2:30 – 3:45 P.M.
7:15 – 8:30 A.M.
2:30 – 3:45 P.M.
27th St./
Morningside
7:15 – 8:30 A.M.
2:30 – 3:45 P.M.
7:15 – 8:30 A.M.
2:30 – 3:45 P.M.
7:15 – 8:30 A.M.
2:30 – 3:45 P.M.
7:15 – 8:30 A.M.
2:30 – 3:45 P.M.
7:15 – 8:30 A.M.
2:30 – 3:45 P.M.
25th St./
Myrtle/
Hermosa Vista
School
7:30 – 8:45 A.M.
1:55 – 3:25 P.M.
7:30 – 8:45 A.M.
1:55 – 3:25 P.M.
7:30 – 8:45 A.M.
1:55 – 3:25 P.M.
7:30 – 8:45 A.M.
1:55 – 3:25 P.M.
7:30 – 8:45 A.M.
1:55 – 3:25 P.M.
21st St./Pacific
Coast Hwy.
7:30 – 8:45 A.M.
1:55 – 3:25 P.M.
7:30 – 8:45 A.M.
1:55 – 3:25 P.M.
7:30 – 8:45 A.M.
1:55 – 3:25 P.M.
7:30 – 8:45 A.M.
1:55 – 3:25 P.M.
7:30 – 8:45 A.M.
1:55 – 3:25 P.M.

Prospect
Ave./Aviation
Blvd.
7:30 – 8:45 A.M.
2:00 – 3:30 P.M.
7:30 – 8:45 A.M.
2:00 – 3:30 P.M.
7:30 – 8:45 A.M.
2:00 – 3:30 P.M.
7:30 – 8:45 A.M.
2:00 – 3:30 P.M.
7:30 – 8:45 A.M.
2:00 – 3:30 P.M.

Prospect
Ave./Massey
Ave.
7:15 – 8:30 A.M.
2:15 – 3:45 P.M.
7:15 – 8:30 A.M.
2:15 – 3:45 P.M.
7:15 – 8:30 A.M.
2:15 – 3:45 P.M.
7:15 – 8:30 A.M.
2:15 – 3:45 P.M.
7:15 – 8:30 A.M.
2:15 – 3:45 P.M.

RFP 25-002 City of Hermosa Beach

• Note: Assignment start/end times may change due to school schedule changes.

Assignment locations may change due to construction projects, signal failures, traffic collisions, or other unanticipated events.

Employees:
• Proposer agrees that all individuals employed as a crossing guard or crossing guard supervisor will be employees of Proposer.
• Proposer must complete a background check for each crossing guard prior to deployment that complies with all federal and state employment laws. Applicants must have the ability to pass a background check and be found to have no criminal conviction that renders an applicant unsuitable for the position for which he or she is intended. The determination regarding the suitability of any crossing guard assignment at a City location shall be based on guidance provided by the U.S. Equal Opportunity Commission regarding the use of criminal conviction history in employment decisions which requires a weighing of the nature and gravity of offense; the time that has passed since the offense, or the completion of any sentence given as a result of the offense; and the nature of the job held or sought. • Proposer must have a written policy regarding a drug and alcohol-free work environment that is available to the City, when requested. All crossing guards shall undergo a drug- screening test prior to deployment.
• Proposer shall be responsible for ensuring that all crossing guards hired for the services shall have the ability to read, write, and speak English with sufficient proficiency such that they can communicate quickly and accurately with children and emergency services personnel.

Training and Orientation
• All employees hired for the service shall receive training and orientation to safely accomplish the assignment prior to deployment. Training and orientation shall be provided by the Proposer prior to deploying any crossing guard or crossing guard supervisor. Training must include both traffic and pedestrian safety. • Training and orientation shall consist of a minimum of three (3) hours of training for each employee hired as a crossing guard or crossing guard supervisor. • All training and orientation procedures and training materials shall be provided by the Proposer, and certification of training shall be provided to the City. The certification of training shall be signed and dated by the employee that received training and the Proposer’s instructor.
• The City invites proposers to recommend additional training classes or subjects that exceed the minimum requirement or represent industry best practices.

RFP 25-002 City of Hermosa Beach

Equipment
• Proposers shall provide a list of all safety equipment to be used by crossing guards.

The City requires that the Proposer provide safety equipment to all crossing guards.

At a minimum, the City requires the use of a stop paddle and reflectorized safety vest, whistle, identification badge, and the placement of three (3) cones per crosswalk. The Proposer and City shall determine, prior to the service start date, where cones shall be placed at each crosswalk identified in the service locations.

Payroll and Billing Services
• Proposer shall be solely responsible for complying with all applicable state and federal requirements.
• Invoices shall be sent to the City within two weeks following the last day of the month. Invoices shall provide the following detail, at a minimum: total hours worked; hourly rate billed; crossing guard names, assignment locations, shift start/end time, and date worked.

4. Proposal Submittal Instructions

4.1 Proposal Format
Proposes shall submit one copy of the proposal and one copy of the fee schedule in PDF format on the PlanetBids Portal.

4.2 Proposal Content
Proposals must be concise, but with sufficient detail to allow accurate evaluation and comparative analysis. Proposals should be straightforward and provide "layman" explanations of technical terms that are used. Emphasis should be concentrated on conforming to the RFP instructions, responding to the RFP requirements, and on providing a complete and clear description of the offer. Proposals should include the sections as described in greater detail below. Do NOT include marketing brochures or other promotional material not connected with this RFP.

4.2.1 Cover Letter
Proposal must be accompanied by a cover letter, signed by an individual authorized to bind the proposing entity. An unsigned proposal is grounds for rejection. The cover letter should include an introduction of the firm, contact information, summary statement of professional qualifications, and statement of understanding of the scope of work. The cover letter also shall acknowledge receipt of any addendums that were issued for this RFP.

RFP 25-002 City of Hermosa Beach

4.2.2 Firm Profile
Proposers should provide a brief profile of the prime contractor and any sub-contractors.

Information should include, but is not limited to the following information:
• Official name and address.
• Name, address, email, and telephone number of the contractor’s primary point of contact.
• Type of business entity of contractor (corporation, company, joint venture, etc.). Please enclose a copy of the Joint Venture Agreement if entity is a joint venture.
• Federal Employer I.D. Number.
• Address, telephone numbers and fax numbers of each of the proposing firm’s locations.
• Indication whether firm is totally or partially owned by another business organization (parent company) or individual.
• Number of years contractor has been in business under the present business name.
• Number of years of experience the contractor has had in providing required, equivalent, or related services.
• Any failures or refusals to complete a contract, and explanation.

4.2.3 Understanding and Approach to Scope of Work
Proposers should include in this section a statement of understanding, organizational chart, approach to work program and summary of deliverables, described in greater detail below.

Statement of Understanding
Contractor must include in this section its understanding of the service and understanding of the Scope of Services noted herein. Contractor should be able to articulate a thorough understanding of the State, County and Local requirements, and other industry standards applicable to the project or services to be provided.

Organizational Chart
Contractor shall include an organizational chart that reflects key staff and roles/responsibilities of each individual assigned to provide services under this Proposal.

Any roles or topics in which the proposer anticipates utilizing the expertise of subcontractors should be clearly identified.

RFP 25-002 City of Hermosa Beach

Approach to Work Program (Required and Optional Tasks)
The City is seeking an effective, efficient and creative approach to preparing work products and meeting the City’s goals and timelines. In this section, proposers should include their recommended approach to providing the requested professional services and tasks noted in the Scope of Services in the RFP. The approach to the work plan shall be of such detail to demonstrate the proposer’s ability to accomplish objectives. This section should also include proposed approaches and techniques to engagement of community and stakeholders.

The proposer’s approach should provide detail on both the required and optional tasks identified in the scope of work, as well as any additional tasks or services performed by the proposer.

Additional Services
Contractor shall provide the City with any additional services that the firm can provide.

Contractor may additionally itemize those services which are further beneficial but are not noted in the aforementioned paragraphs as requirements.

Roles and Responsibilities for City Staff
Proposer should summarize any services NOT provided by their firm that are listed in the Scope of Work. Contractor shall also list any resources, City assistance or other items expected to be provided by City, “Work to be Performed or Provided by the City”.

4.2.4 Management Plan
Key to a creative, effective, and efficient delivery of services is close coordination and communication between the City, community, and the selected contractor. In this section, proposers should provide information on scheduling, and describe the firm or manager’s approach to communications and quality assurance/quality control.

Schedule
Proposers must provide a schedule with anticipated timeframe for key deliverables outlined in the scope of work.

Communications Approach
Proposers should describe their recommended or preferred approach to communications between the City and Contractor Team. This should include detail on the frequency of check-ins, progress updates, and meeting locations (i.e. phone, email, in-person). Communications protocols for coordinating with other City departments, agencies, and the community can be established during kick-offs. Contractor should have the capability to run virtual meetings during COVID-19.

Quality Assurance/Quality Control Approach

RFP 25-002 City of Hermosa Beach

Describe the firm’s QA/QC processes that will be adhered to during the term of the agreement. Describe the Contractor’s method of ensuring that the assigned personnel ’s quality of work is high.

4.2.5 Experience and Qualifications
Proposers should include in this section a summary of relevant services, contracts, contact information for references, and information about the experience, qualifications, and availability of key personnel, described in greater detail below.

Summary of Relevant Services
Proposers should highlight representative services/contracts that are similar in scope to the services requested to demonstrate the firm’s depth of experience and familiarity with similar services or contracts. For each contract, please include the following information, at a minimum:
• Year started and completed (if relevant)
• Contracting Agency + Department
• Description
• Key Personnel Assigned
• Contract Value
References
Contractor must provide at least three (3) references for which contractor has provided services similar in scope as set forth in the RFP within the last five (5) years. Reference information should include:
• Name of agency
• Name of agency project manager
• Email address and telephone number of contact person
• Description of project or services provided
Experience and Qualifications of Key Personnel
The contractor shall provide resumes indicating the experience and qualifications for the key personnel identified in the organization chart. Contractor shall also include the number and type of additional support personnel who will be providing services. At a minimum, the resume for each team member should include:
• Name

RFP 25-002 City of Hermosa Beach

• Position and Role for This Project
• Degrees and Certifications
• Professional Memberships/Registrations
• Summary of Experience
• Work on Representative Project Similar in Scope
If sub-contractors are to be used as part of this proposal, a resume of the sub-contractor and relevant experience is to be included in the same format.

Assignment of Key Personnel
It is the City’s preference to have the key personnel identified in the Organizational Chart remain with the contract during its duration. In this section, please indicate the availability of key personnel to pursue completion of projects.

After contract execution the Contractor should not substitute key personnel (project manager and others listed by name in the proposal) or sub-contractors without prior written approval from the local agency. The contractor must request and justify the need for the substitution and obtain approval from the agency prior to use of a different subcontractor on the contract. The proposed substituted person must be as qualified as the original, and at the same or lower cost for geotechnical types of contractor contracts, the Contractor’s project manager shall have all the necessary credentials to qualify him/her as a project manager for this project.

In the event there are proposed changes in key personnel, including sub-contractors, during the term of the agreement that are outside of the consulting firm’s control, the contractor shall prepare a transition plan that is presented to the City’s project manager for review.

4.2.6 Required Forms
Contractor shall review, acknowledge and submit the following forms:
• Certification of Proposal. Contractor is required to sign and submit the Certification of Proposal including acknowledgement that they have received and considered any addendums issued by the City of Hermosa Beach in connection with this RFP. (See section 7.2.1)
• Non-Collusion Affidavit.Contractor is required to sign and submit the NonCollusion Affidavit. (See section 7.2.2) • Compliance with Insurance Requirements. Contractor shall demonstrate the willingness and ability to submit proof of the required insurance coverage as set forth in the Sample Professional Services Agreement. (See section 7.2.3)

RFP 25-002 City of Hermosa Beach

• Acknowledgement of Professional Services Agreement. Contractor shall demonstrate willingness and ability to comply with the City’s Sample Professional Services Agreement and/or indicate any exceptions to the Professional Services Agreement. (See section 7.2.4)
• Covid Vaccination Certification. Contractor agrees to certify in writing to CITY that all employees, agents, officers and subcontractors who will be physically present in the City and have contact with City officials and employees or with the public shall be fully vaccinated from COVID-19. (See section 7.2.5)

4.2.7 Cost Proposal
The cost proposal shall be submitted through PlanetBids Portal as a separate file, labeled “Cost Proposal” and indicate the firm’s name. The cost proposal shall detail costs broken down by project phase, task, hourly rates, and key personnel.

Contractor should provide the cost proposal for the duration of the agreement to successfully fulfill the Scope of Work detailed in this RFP. Required and optional tasks should be consistent with the tasks listed in the Scope of Services and be clearly marked in the cost proposal to facilitate consistent comparison of costs between proposals. The Cost Proposal should identify project team members, and hourly billing rates and break costs by task and phase. The fee schedule should also include any direct costs such as travel, equipment, printing/materials.

The method of payment shall be primarily at Specified Rates of Compensation but may include Cost per Unit of Work. The proposal should include hourly rates for all types of personnel required to perform the services described in this RFP.

Other direct costs, intended to be charged to the City, need to be stated. No mark-ups will be allowed for other direct costs.

5. Proposal Evaluation and Selection

5.1 Proposal Review Process
The City will evaluate all proposals received in accordance with the evaluation criteria.

The City shall not be obligated to accept the lowest priced fee schedule, but the City may make award(s) in the best interests of the City after all factors are considered, including, but not limited to, the demonstrated competence, experience and professional qualifications of the Proposer. Evaluation scores will not be released until after award of proposal, if one is made.

Following the review of RFPs by the City’s team, the City may, if it chooses to do so, invite short-listed contractors to be interviewed by a panel of City staff, which may include noncity personnel at the City’s discretion. Discussions may, at the City's option, be conducted with the most qualified Proposers. Discussions may be for the purpose of clarification to assure full understanding of, and responsiveness to the solicitation requirements.

RFP 25-002 City of Hermosa Beach

Proposers shall be accorded fair and equal treatment with respect to any opportunity for discussion and written revision of proposals. In conducting discussions, the City will not disclose information derived from proposals submitted by competing Proposers.

The City will verify references of short-listed contractors, which may include persons not listed as references, and this will help inform the City’s decisions. The City will select a contractor to negotiate for the performance of work. In negotiating the contract the City may request modifications to the proposed scope or to the technical team or other elements of the proposal. If negotiations fail, the City will commence negotiations with the next qualified candidate. Work will promptly commence following contract award and satisfaction of contract requirements.

5.2 Evaluation Criteria
Evaluation criteria will typically include RFP understanding, demonstrated expertise, relevant experience, availability of the firm’s team, and other factors. Task orders resulting from this contract will be negotiated and executed between the City and the selected firm.

Proposals will be evaluated on the basis of their response to all provisions of this RFP. The City of Hermosa Beach will use the following criteria in its evaluation of proposals, interviews may be required with selected contractors, or verification of references. The categories will be weighted approximately as follows.

Approach and Methods (30%):
• A well thought-out and tailored approach to the technical work that responds to the City’s particular issues and needs.
• Evidence of the team’s ability to work collaboratively with other members of a multi-disciplinary team in a complex and dynamic working environment. • Demonstration of the team’s commitment to accurate and superior work and services as detailed in the project management project management plan.

Relevant Experience & Expertise (35%):
• Recent experience providing similar services for jurisdictions. • Familiarity and experience with applicable industry standards and any relevant federal, state, or local requirements.
• The contractor team’s ability to dedicate a strong manager/supervisor that will serve as a single point of contact for the duration of the agreement.

Timeframe and Costs (25%):

RFP 25-002 City of Hermosa Beach

• Display of responsive timeframe to assign tasks.
• Evidence of the team’s ability to successfully manage and staff locations within the identified project budget and minimize cost overruns.

Administration (10%):
• Ability to comply with the timeline terms, and billing procedures. • The extent and nature of any proposed amendments to the City’s Professional Services Agreement.

6. Contract Expectations

6.1 Contract Period
The City anticipates the contract term would begin the end of August 2025.

6.2 Professional Services Agreement
The selected contractor will be expected to comply with and sign the City’s Professional Services Agreement. Proposers should identify and/or indicate any exceptions to the Sample Professional Services Agreement included in Section 7.1. The City Attorney or their designee retains the discretion to accept or reject proposed exceptions or modifications to the City’s Professional Services Agreement.

6.3 Standards of Work
In case of conflicts, ambiguities, discrepancies, errors, or omissions, Contractor shall submit the matter to City for clarification. Any work affected by such conflicts, ambiguities, discrepancies, errors or omissions which is performed by Contractor prior to clarification by City shall be at Contractor's risk and expense.

6.4 Invoicing and Payment
Each invoice shall contain a progress report describing the work completed during the billing period and shall also include cost information by task regarding: previous work billed to date, work billed during the reporting period, percent of task completed and amount remaining by task.

Invoices are to be submitted monthly. The invoices shall reference the project title, and list charges by task, worker classification, hours, billing rate, and totals.

RFP 25-002 City of Hermosa Beach

Each invoice shall contain a progress report describing the work completed during the billing period and the following summary information:

Contract
Amount
Total Prior
Contract Billings
Contract Work
Performed this
Period
Total Contract
Amount
Performed To
Date
Contract
Percent
Complete
Total Amount
Remaining for the
Contract

RFP 25-002 City of Hermosa Beach

7. Attachments and Required Forms

7.1 Sample Professional Services Agreement

CONTRACT FOR PROFESSIONAL SERVICES TO
________________________________________________________________ BETWEEN THE CITY OF HERMOSA BEACH AND ___________________________ This AGREEMENT is entered into this day of , 2025, by and between the CITY OF Hermosa Beach, a general law city a municipal corporation (“CITY”) and _, a limited liability company (“CONTRACTOR”).

R E C I T A L S
A. The City desires to __________________________________________.

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 Contractor 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 Contractor to perform the services as described in Exhibit A of this Agreement.

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

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

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

As additional consideration, CITY agrees to pay CONTRACTOR for the services rendered pursuant to this Agreement the per hour rate for crossing guards services as set forth in Exhibit A. Any annual increases to the per hour cost shall be based on (INSERT CPI INDICATOR) and it shall not exceed a 5% increase in the hourly rate. It is understood and agreed that the total cost for the first year of services shall not exceed amount of $ . In the event that the City extends the term of the Agreement, each subsequent annual not to exceed amount shall not increase more than the percentage increase in the per hour cost.

RFP 25-002 City of Hermosa Beach

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

CONTRACTOR 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 CONTRACTOR all uncontested amounts set forth in CONTRACTOR’s invoice within 30 days after it is received.

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

Except as herein otherwise expressly specified to be furnished by CITY, CONTRACTOR 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 CONTRACTOR by this Agreement.

PAYMENTS. For CITY to pay CONTRACTOR as specified by this Agreement, CONTRACTOR 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, CONTRACTOR represents that CONTRACTOR 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. CONTRACTOR’s key person assigned to perform work under this Agreement is ________________. CONTRACTOR 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 __________, 20___, 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

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and the contract time will be adjusted accordingly. All such changes must be authorized in writing, executed by CONTRACTOR 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. CONTRACTOR 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.

CONTRACTOR 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 CONTRACTOR shall, at CITY’s option, become CITY’s property, and CONTRACTOR will receive just and equitable compensation for any work satisfactorily completed up to the effective date of notice of termination.

Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated.

INDEMNIFICATION. To the extent permitted by law, CONTRACTOR shall indemnify, and hold harmless CITY, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation) of every nature to the extent caused by CONTRACTOR's negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this AGREEMENT. CONTRACTOR shall promptly pay any final judgment rendered against CITY (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of the CONTRACTOR’s negligence, recklessness or willful misconduct. CONTRACTOR shall reimburse the CITY its costs of defense, including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation to the extent such fees, costs and all other costs are determined by the court of competent jurisdiction to have been caused by the actual negligence, recklessness or willful misconduct of the Contractor. 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 CONTRACTOR 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

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obligations otherwise assumed by CONTRACTOR pursuant to this Agreement, including, without limitation, to the provisions concerning indemnification.

ASSIGNABILITY. This Agreement is for CONTRACTOR’s professional services.

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

AUDIT OF RECORDS. CONTRACTOR agrees that CITY, or designee, has the right to review, obtain, and copy all records pertaining to the performance of this Agreement. CONTRACTOR 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. CONTRACTOR further agrees to maintain such records for a period of three (3) years following final payment under this Agreement.

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

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

INSURANCE REQUIREMENTS.

A. The CONTRACTOR, at the CONTRACTOR’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 Contractor 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

RFP 25-002 City of Hermosa Beach

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

3. Automobile Liability Coverage. The CONTRACTOR shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the CONTRACTOR 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 CONTRACTOR shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors, or omissions which may arise from the CONTRACTOR’S operations under this Agreement, whether such operations be by the CONTRACTOR or by its employees, subcontractors, or sub-contractors. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single-limit-peroccurrence basis. When coverage is provided on a “claims made basis,” CONTRACTOR 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 CONTRACTOR for all claims made by CITY arising out of any errors or omissions of CONTRACTOR, 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.

CONTRACTOR also agrees to require all contractors, and subcontractors to do likewise.

1. “The CITY, its elected or appointed officers, officials, employees, agents, and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the CONTRACTOR, 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.

RFP 25-002 City of Hermosa Beach

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. CONTRACTOR 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 CONTRACTOR shall demonstrate financial capability for payment of such deductibles or self-insured retentions.

E. The CONTRACTOR 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 CONTRACTOR 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 Contractor (as the named insured) should Contractor 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. Contractor understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by Contractor as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should City pay the SIR or deductible on Contractor’s behalf upon the Contractor’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 Contractor for breach of this Agreement in addition to any other damages incurred by City due to the breach.

USE OF OTHER CONTRACTORS. CONTRACTOR must obtain CITY’s prior written approval to use any sub-contractors while performing any portion of this Agreement.

RFP 25-002 City of Hermosa Beach

Such approval must include approval of the proposed contractor and the terms of compensation.

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

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

NON-APPROPRIATION OF FUNDS. Payments to be made to CONTRACTOR 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 CONTRACTOR’S services beyond the current fiscal year, the Agreement shall cover payment for CONTRACTOR’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 CONTRACTOR
City of Hermosa Beach
1315 Valley Drive
Hermosa Beach, CA 90254
ATTN: ATTN:

RFP 25-002 City of Hermosa Beach

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. CONTRACTOR maintains and warrants that it has not employed nor retained any company or person, other than CONTRACTOR’s bona fide employee, to solicit or secure this Agreement. Further, CONTRACTOR warrants that it has not paid nor has it agreed to pay any company or person, other than CONTRACTOR’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 CONTRACTOR 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 CONTRACTOR and CITY and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of CONTRACTOR’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

RFP 25-002 City of Hermosa Beach

signature of a party is delivered by facsimile transmission or scanned and delivered via electronic mail. Such facsimile or electronic mail copies will be treated in all respects as having the same effect as an original signature.

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

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

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

STATEMENT OF EXPERIENCE. By executing this Agreement, CONTRACTOR represents that it has demonstrated trustworthiness and possesses the quality, fitness and capacity to perform the Agreement in a manner satisfactory to CITY. CONTRACTOR represents that its financial resources, surety and insurance experience, service experience, completion ability, personnel, current workload, experience in dealing with private contractors, and experience in dealing with public agencies all suggest that CONTRACTOR 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 Contractor, except the Contractor’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 Contractor, but any re-use of such documents by the City on any other project without prior written consent of the Contractor shall be at the sole risk of the City.

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

DISCLOSURE REQUIRED. (City and Contractor initials required at one of the following paragraphs)

RFP 25-002 City of Hermosa Beach

By their respective initials next to this paragraph, City and Contractor hereby acknowledge that Contractor is a “contractor” for the purposes of the California Political Reform Act because Contractor’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 Contractor employed by the City. Contractor 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 contractor commencing services hereunder, the City’s Manager shall prepare and deliver to contractor a memorandum detailing the extent of Contractor’s disclosure obligations in accordance with the City’s Conflict of Interest Code.

City Initials ______
Contractor Initials ______
OR
By their initials next to this paragraph, City and Contractor hereby acknowledge that Contractor is not a “contractor” for the purpose of the California Political Reform Act because Contractor’s duties and responsibilities are not within the scope of the definition of contractor 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 ______
Contractor Initials ______
COMPLIANCE WITH COVID-19 VACCINATION POLICY. All CONTRACTOR’S employees, agents, officers and subcontractors who will be physically present in the City and have contact with City officials and employees or with the public shall be fully vaccinated from COVID-19. CONTRACTOR 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 CONTRACTOR
[MAYOR/CITY MANAGER] By: NAME/TITLE

RFP 25-002 City of Hermosa Beach

ATTEST:

Myra Maravilla, City Clerk Taxpayer ID No.

APPROVED AS TO FORM:

Patrick Donegan, City Attorney

RFP 25-002 City of Hermosa Beach

7.2 Required Forms

7.2.1 Certification of Proposal
RFP #: _________
The undersigned hereby submits its proposal and agrees to be bound by the terms and conditions of this Request for Proposal (RFP).

1. Proposer declares and warrants that no elected or appointed official, officer or employee of the City has been or shall be compensated, directly or indirectly, in connection with this proposal or any work connected with this proposal. Should any agreement be approved in connection with this Request for Proposal, Proposer declares and warrants that no elected or appointed official, officer or employee of the City, during the term of his/her service with the City shall have any direct interest in that agreement, or obtain any present, anticipated or future material benefit arising therefrom.

2. By submitting the response to this request, Proposer agrees, if selected to furnish services to the City in accordance with this RFP.

3. Proposer has carefully reviewed its proposal and understands and agrees that the City is not responsible for any errors or omissions on the part of the Proposer and that the Proposer is responsible for them.

4. It is understood and agreed that the City reserves the right to accept or reject any or all proposals and to waive any informality or irregularity in any proposal received by the City. It is understood the City reserves the right to award the services to a single firm, to award portions of the Services to more than one firm, or to not award any portion of the services to any firm. Any selected firm will be required to comply with any directives issued by the City and any school district the services relate to relating to background checks for individuals performing the services, consistent with section 45100 et seq. of the Education Code, and any other applicable law.

5. The proposal response includes all of the commentary, figures and data required by the Request for Proposal

6. The proposal shall be valid for 90 days from the date of submittal.

7. Proposer acknowledges that the City may issue addendums related to this RFP and that the proposer has reviewed the following addendums which have been issued:

Addendum: _____________________________
Addendum: _____________________________

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Addendum: _____________________________
Addendum: _____________________________

8. Proposer further acknowledges the provisions of any addendums issued have been incorporated into their proposal.

Signature of Authorized Representative:
____________________________________________
Printed Name and Title:
____________________________________________

RFP 25-002 City of Hermosa Beach

7.2.2 Non-Collusion Affidavit
RFP #: _________
The undersigned declares states and certifies that:

1. This proposal is not made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization or corporation.

2. This proposal is genuine and not collusive or sham.

3. I have not directly or indirectly induced or solicited any other Proposer to put in a false or sham proposal and I have not directly or indirectly colluded, conspired, connived, or agreed with any other Proposer or anyone else to put in a sham proposal or to refrain from submitting to this RFP.

4. I have not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price or to fix any overhead, profit or cost element of the proposal price or to secure any advantage against the City of Hermosa Beach or of anyone interested in the proposed contract.

5. All statements contained in the Proposal and related documents are true.

6. I have not directly or indirectly submitted the proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any person, corporation, partnership, company, association, organization, RFP depository, or to any member or agent thereof, to effectuate a collusive or sham proposal.

7. I have not entered into any arrangement or agreement with any City of Hermosa Beach public officer in connection with this proposal.

8. I understand collusive bidding is a violation of State and Federal law and can result in fines, prison sentences, and civil damage awards.

Signature of Authorized Representative:
____________________________________________
Printed Name and Title:
____________________________________________

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7.2.3 Compliance with Insurance Requirements
RFP #: _________
The selected contractor will be expected to comply with the City s insurance requirements contained within this RFP.

The undersigned declares states and certifies that:

1. Proposer agrees, acknowledges and is fully aware of the insurance requirements as specified in the Request for Proposal.

2. If selected, proposer agrees to accept all conditions and requirements as contained therein.

Signature of Authorized Representative:
____________________________________________
Printed Name and Title:
____________________________________________

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7.2.4 Acknowledgement of Professional Services Agreement RFP #: _________
The selected contractor will be expected to comply with and sign the City s Professional Services Agreement. Proposers should identify and/or indicate any exceptions to the Sample Professional Services Agreement included in Section 6.2. The City Attorney or their designee retains the discretion to accept or reject proposed exceptions or modifications to the City s Professional Services Agreement.

1. Proposer agrees, acknowledges and is fully aware of the conditions specified in the City’s Sample Professional Services Agreement.

2. Proposer agrees to accept all conditions and requirements as contained therein with exceptions noted as follows:
______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ________________________________________________
Signature of Authorized Representative:
____________________________________________
Printed Name and Title:
____________________________________________

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7.2.5 COVID Vaccination Certification

PLEASE PLACE LETTER ON OFFICIAL COMPANY LETTERHEAD
(Insert Date)
Suja Lowenthal, City Manager
City of Hermosa Beach
1315 Valley Drive
Hermosa Beach, CA 90254
RE: Mandatory COVID-19 Vaccination for City of Hermosa Beach Contractors

Dear Ms. Lowenthal:

Per this letter, (Insert Company Name) certifies that all of its officers, agents, employees, subcontractors, representatives and volunteers servicing the City of Hermosa Beach on-site within the City pursuant to the (Insert Agreement Title) dated (Insert Agreement Date), are or will be fully vaccinated or covered by an approved medical or religious exemption prior to the implementation of the scope of work located within the above referenced agreement.

Respectfully,
(Insert Name)
(Insert Title)

10440 Pioneer Blvd. Ste 5Santa Fe Springs, Ca 90670800-540-9290 FAX 310-202-8325 Proposed Hourly Rate
As a full service contractor, the hourly rate quoted is a fully loaded rate, meaning all of our costs are included in the proposed hourly billing rate. This would include but be not limited to; recruitment, background clearance, training, equipment, insurance, supervision and management of The City of Hermosa Beach, CA Crossing Guard Program.
2025-2026 Proposed Hourly Rate: Thirty-five Dollars and Seventy-five Cents ($35.75) per hour, per guard. This pricing is based upon 14 crossing guard compensated an average of 3.5 hours per day for 180 school days annually. Local field supervision and substitute guards are also included in the rate, as are all other costs except as noted below. Based upon 8,820 hours, we project a Not to Exceed price of $315,315.00.
2026-2027 Billing Rate: Thirty-six Dollars and Eighty-two Cents ($36.82). Not to Exceed price of $324,752.00
Invoices for services are mailed every two weeks. Included with each invoice is a Work Summary, which details each site, each day and the hours worked at that site. The City of Hermosa Beach would only be billed for Crossing Guard services rendered on designated “school days” unless otherwise requested by the City.

The hourly rate does not include additional safety equipment, crosswalk delineators, or safety devices. If the City should desire any such additional equipment the additional cost would be billed to the City.

ACMS Contact Information
Business Address: 10440 Pioneer Blvd, Suite 5 Santa Fe Springs, CA 90670 Phone numbers: 310.202.8284 or 800.540.9290
Fax number: 310.202.8325
Website address: www.thecrossingguardcompany.com
24 Hour Emergency Dispatch: 877.363.2267
General Manager: Brian Brooks: [email protected] Marketing Manager: David Mecusker: [email protected] Contract Administrator: Claudia Than: [email protected] Comptroller: John Varner [email protected] This pricing is valid for a period of 90 days.

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

CONTRACT FOR PROFESSIONAL SERVICES TO PROVIDE CROSSING GUARD SERVICES BETWEEN THE CITY OF HERMOSA BEACH AND ALL CITY MANAGEMENT, INC.

This AGREEMENT is entered into this 1st day of July , 2025, by and between the CITY OF HERMOSA BEACH, a California general law city and municipal corporation (“CITY”) and All City Management Services Inc., a limited liability company (“CONTRACTOR”).

R E C I T A L S
A. The City desires to provide crossing guard services.

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 CONTRACTOR 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 CONTRACTOR to perform the services as described in Exhibit A of this Agreement.

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

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

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

As additional consideration, CITY agrees to pay CONTRACTOR for the services rendered pursuant to this Agreement the per hour rate for crossing guards services as set forth in Exhibit A. Any annual increases to the per hour cost shall not exceed a 5% increase in the hourly rate.

It is understood and agreed that the total cost for the first year of services shall not exceed the amount of $315,315. In the event that the City extends the term of the Agreement, each subsequent annual not to exceed amount shall not increase more than the percentage increase in the per hour cost.

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

CONTRACTOR 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 CONTRACTOR all uncontested amounts set forth in CONTRACTOR’s invoice within 30 days after it is received.

City of Hermosa Beach

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

Except as herein otherwise expressly specified to be furnished by CITY, CONTRACTOR 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 CONTRACTOR by this Agreement.

PAYMENTS. For CITY to pay CONTRACTOR as specified by this Agreement, CONTRACTOR 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, CONTRACTOR represents that CONTRACTOR 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. CONTRACTOR’s key person assigned to perform work under this Agreement is DAVID MECUSKER. CONTRACTOR 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 July 1, 2028, 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 CONTRACTOR 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. CONTRACTOR 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.

CONTRACTOR 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 CONTRACTOR shall, at CITY’s option, become CITY’s property, and

City of Hermosa Beach

CONTRACTOR will receive just and equitable compensation for any work satisfactorily completed up to the effective date of notice of termination.

Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated.

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

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

AUDIT OF RECORDS. CONTRACTOR agrees that CITY, or designee, has the right to review, obtain, and copy all records pertaining to the performance of this Agreement. CONTRACTOR 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. CONTRACTOR further agrees to maintain such records for a period of three (3) years following final payment under this Agreement.

CONTRACTOR 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. CONTRACTOR will promptly implement any corrective measures required by CITY regarding the requirements and obligations of this Agreement.

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

INSURANCE REQUIREMENTS.

A. The CONTRACTOR, at the CONTRACTOR’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 CONTRACTOR 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 CONTRACTOR 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 CONTRACTOR shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the CONTRACTOR 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 CONTRACTOR shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors, or omissions which may arise from the CONTRACTOR’S operations under this Agreement, whether such operations be by the CONTRACTOR or by its employees, subcontractors, or subCONTRACTORs. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single-limit-per-occurrence basis. When coverage is provided on a “claims made basis,” CONTRACTOR 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 CONTRACTOR for all claims made by CITY arising out of any errors or omissions of CONTRACTOR, 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. CONTRACTOR 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

City of Hermosa Beach

performed by or on behalf of the CONTRACTOR, 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. CONTRACTOR 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 CONTRACTOR shall demonstrate financial capability for payment of such deductibles or self-insured retentions.

E. The CONTRACTOR 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 CONTRACTOR 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 CONTRACTOR (as the named insured) should CONTRACTOR 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.

CONTRACTOR understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by CONTRACTOR as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement.

Should City pay the SIR or deductible on CONTRACTOR’s behalf upon the CONTRACTOR’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 CONTRACTOR for breach of this Agreement in addition to any other damages incurred by City due to the breach.

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

City of Hermosa Beach

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

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

NON-APPROPRIATION OF FUNDS. Payments to be made to CONTRACTOR 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 CONTRACTOR’S services beyond the current fiscal year, the Agreement shall cover payment for CONTRACTOR’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 CONTRACTOR
City of Hermosa Beach
1315 Valley Drive
Hermosa Beach, CA 90254
ATTN: Lieutenant Mick Gaglia
ATTN:

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.

City of Hermosa Beach

A. SOLICITATION. CONTRACTOR maintains and warrants that it has not employed nor retained any company or person, other than CONTRACTOR’s bona fide employee, to solicit or secure this Agreement. Further, CONTRACTOR warrants that it has not paid nor has it agreed to pay any company or person, other than CONTRACTOR’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 CONTRACTOR 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 CONTRACTOR and CITY and not for the benefit of any other party.

There will be no incidental or other beneficiaries of any of CONTRACTOR’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

City of Hermosa Beach

therewith except that, in the event any action is brought by any party hereto to enforce this Agreement, the prevailing party in such action shall be entitled to reasonable attorneys' fees and costs in addition to all other relief to which that party or those parties may be entitled.

STATEMENT OF EXPERIENCE. By executing this Agreement, CONTRACTOR represents that it has demonstrated trustworthiness and possesses the quality, fitness and capacity to perform the Agreement in a manner satisfactory to CITY. CONTRACTOR represents that its financial resources, surety and insurance experience, service experience, completion ability, personnel, current workload, experience in dealing with private CONTRACTORs, and experience in dealing with public agencies all suggest that CONTRACTOR 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 CONTRACTOR, except the CONTRACTOR’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 CONTRACTOR, but any re-use of such documents by the City on any other project without prior written consent of the CONTRACTOR shall be at the sole risk of the City.

DISCLOSURE REQUIRED. (City and CONTRACTOR initials required at one of the following paragraphs)
By their respective initials next to this paragraph, City and CONTRACTOR hereby acknowledge that CONTRACTOR is a “CONTRACTOR” for the purposes of the California Political Reform Act because CONTRACTOR’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 CONTRACTOR employed by the City. CONTRACTOR 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 CONTRACTOR commencing services hereunder, the City’s Manager shall prepare and deliver to CONTRACTOR a memorandum detailing the extent of CONTRACTOR’s disclosure obligations in accordance with the City’s Conflict of Interest Code.

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

City of Hermosa Beach

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

CITY OF HERMOSA BEACH CONTRACTOR
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
Scope of Services

1. All City Management Services, Inc. will handle the Crossing Guard services for the City of Hermosa Beach for a one (1) year period; to commence on: August 20, 2025, ending on June 12, 2026.

2. ACMS will provide fourteen (14) personnel equipped and trained in appropriate procedures for crossing pedestrians in marked crosswalks. Such personnel shall be herein referred to as a Crossing Guard. ACMS is an independent CONTRACTOR and the Crossing Guards to be furnished by it shall at all times be its employees and not those of the City of Hermosa Beach.

3. Crossing Guard Services shall be provided by ACMS at designated locations, identified by the City of Hermosa Beach and ACMS shall provide coverage at the school crossings as required. ACMS shall be flexible and provide guards for the hours and locations needed on the instructions of appropriate City personnel.

4. ACMS and all persons who are employed for assignment to this contract shall undergo background checks to ensure they have not been convicted of any offense involving moral turpitude, a felony for a violent crime, or a felony for crimes against children. ACMS understands no one registered as a sex offender or narcotics offender will be hired as a crossing guard.

5. All persons who are employed for assignment shall undergo a drug testing prior to deployment. ACMS will maintain a written policy regarding a drug and alcoholfree work environment that can be made available to the City upon request.

6. Crossing Guards assigned to the City of Hermosa Beach Crossing Guard program shall have the ability to read, write and speak English with sufficient proficiency such that they can communicate quickly and accurately with children and emergency service personnel.

7. ACMS designated Trainer will conduct training for Crossing Guards. ACMS shall provide personnel properly trained as herein specified for the performance of duties as a Crossing Guard.

8. In the performance of their duties ACMS and its employees shall conduct themselves in accordance with the conditions of this Agreement and the laws and codes of the State of California pertaining to general pedestrian and school crossing safety.

9. ACMS understands all crossing guards shall also receive training pertaining to general traffic safety for pedestrians, motorists and themselves while serving as crossing guards.

10. ACMS employees shall work to the highest professional standards and act in a courteous, respectable manner and shall conduct themselves in a manner that is befitting a public servant. They shall present a professional appearance, that is neat, clean, well-groomed and be properly uniformed.

11. ACMS shall provide all Crossing Guards with apparel by which they are readily visible and easily recognized as Crossing Guards. Such apparel shall be uniform for

City of Hermosa Beach

all persons performing the duties of Crossing Guards and shall be worn at all times while performing said duties. The apparel must be appropriate for weather conditions.

12. ACMS shall provide three (3) Traffic Cones per crosswalk and shall be responsible for the replacement of Traffic Cones.

13. ACMS shall provide supervisory personnel to see that Crossing Guard activities are taking place at the required places and times, and in accordance with all items of this agreement.

14. ACMS shall maintain adequate reserve personnel to be able to furnish alternate Crossing Guards in the event that any person fails to report for work at the assigned time and location and agrees to provide immediate replacement. ACMS shall provide its employees a 24-hour answering service and shall establish its own callout procedures.

15. ACMS shall invoice the City of Hermosa Beach bi-weekly, invoices shall provide the following detail, at a minimum: total hours worked, hourly rate billed, crossing guard names, assignment locations, shift start/end times and date worked.

City of Hermosa Beach | Page 1 of 4
Meeting Date: April 8, 2025
Staff Report No. 25-CMO-029
Honorable Mayor and Members of the Hermosa Beach City Council

CONSIDERATION OF A RESOLUTION EXPRESSING OPPOSITION FOR SENATE BILL 79 (WIENER)
(Deputy City Manager Angela Crespi)
Recommended Action:

Staff recommends City Council:

1. Consider adopting by title a resolution expressing opposition to Senate Bill 79 (Attachment 1); and

2. Authorize the Mayor to send a letter (Attachment 2) expressing the City’s position.

Executive Summary:

The City of Hermosa Beach regularly expresses its support or opposition regarding legislative matters that would have an impact on the City. As requested by Mayor Francois, staff presents this item to consider adoption of a resolution expressing opposition to Senate Bill 79 (Wiener).

Background:

The legislature of the State of California each year proposes, passes, and has signed into law various bills addressing a range of housing and other land use issues. Many of these bills usurp the authority of local jurisdictions to determine for themselves the land use policies and practices that best suit each city and its residents and instead impose mandates that do not consider the needs and differences of jurisdictions throughout the State of California.

Past Council Actions
Meeting Date Description
May 25, 2021 City Council approved the adoption of a Resolution expressing support for actions to further strengthen local authority and control as related to local zoning and housing issues.

November 23, 2021 City Council adopted a resolution expressing support for the “Brand-Huang-Mendoza Tri-partisan Land Use Initiative” to Amend Article XI of the Constitution of the State of California to make zoning and land use community affairs, and not of State interest, submitted to the Attorney General of
California.

City of Hermosa Beach | Page 2 of 4
Meeting Date Description
July 11, 2023 City Council directed Staff to prepare a Resolution expressing support to further strengthen local democracy, authority, and control as related to local zoning and housing issues.

March 26, 2024 Councilmember Detoy requested, and Mayor Pro Tem Francois and Councilmember Jackson supported, a future
agenda item to consider adoption of a resolution expressing opposition to Assembly Bill 2560 and other similar bills.

April 9, 2024 City Council adopted a resolution expressing opposition to Assembly Bill 2560, Senate Bill 1077, Senate Bill 1092, and Senate Bill 951.

Discussion:

Senate Bill 79 (Wiener)
On January 15, 2025, Senator Wiener introduced Senate Bill 79, which requires cities to approve higher-density residential projects up to seven stories near public transit-oriented development (TOD) stops ministerially regardless of local zoning codes, limits the use of local development standards on the proposed project, and allows transit agencies full land authority over residential and commercial development on property they own or lease.

In the California Public Resources Code, Section 21064.3 defines a "major transit stop" as a site with an existing rail or bus rapid transit station, a ferry terminal served by bus or rail, or the intersection of two or more major bus routes with a frequency of service interval of 20 minutes or less during peak commute periods. Section 21155 defines a "high-quality transit corridor" as a bus corridor with fixed-route service and service intervals no longer than 15 minutes during peak commute hours. The City does not have any “high-quality transit corridors” stops, therefore this proposed bill would not have a direct impact as it stands today.

The League of California Cities has taken a position of opposition to the proposed bill.

Staff recommends City Council consider adopting by title a resolution (Attachment 1) of the City Council of the City of Hermosa Beach, California expressing opposition to Senate Bill 79 and authorize the Mayor to send a letter (Attachment 2) expressing the City’s position.

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

City of Hermosa Beach | Page 3 of 4
Goal 1. A high degree of transparency and integrity in the decision-making process.

Policies:
 1.1 Open meetings. Maintain the community’s trust by holding meetings in which decisions are being made, that are open and available for all community members to attend, participate, or view remotely.
 1.2: Strategic planning. Regularly discuss and set priorities at the City Council and management level to prioritize work programs and staffing needs.  1.3 Priority-based budgeting. Utilize priority-based budgeting to ensure funding allocations are consistent with the priorities set by the community and City Council.

Land Use Element
Goal 1. Create a sustainable urban form and land use patterns that support a robust economy and high quality of life for residents.

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

Goal 3. A series of unique, destination-oriented districts throughout Hermosa Beach.

Goal 4. A variety of corridors throughout the city provide opportunities for shopping, recreation, commerce, employment, and circulation.

Goal 5. Quality and authenticity in architecture and site design in all construction and renovation of buildings.

Goal 6. A pedestrian-focused urban form that creates visual interest and a comfortable outdoor environment.

Goal 7. Adequate space and appropriate integration of community and school facilities that support physical activity, civic life and social connections for residents of all ages and interests.

Goal 8. A range of coastal-dependent and visitor-serving uses available to serve a variety of income ranges and amenity desires.

Goal 9. Local energy independence through renewable energy generation.

Goal 10. A strong sense of cultural and architectural heritage.

Goal 11. A proud and visible identity as an arts and cultural community.

Goal 12. A mix of cultural facilities that support and encourage the community’s vibrant range of art creation and presentation.

Goal 13. Land use patterns that improve the health of residents.

Fiscal Impact:

There is no immediate fiscal impact associated with the recommended action.

Attachments:

1. Draft Resolution

2. Draft Letter

3. Senate Bill 79 Text

City of Hermosa Beach | Page 4 of 4
Respectfully Submitted by: Leo Zalyan, Management Analyst Concur: Angela Crespi, Deputy City 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
RES-25-XXXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA EXPRESSING OPPOSITION TO SENATE BILL 79 (WIENER)
WHEREAS, The legislature of the State of California each year proposes, passes, and has signed into law a number of bills addressing a range of housing issues; and WHEREAS, the legislature of the State of California does not allow sufficient time between each legislative cycle to determine if the legislation is successful in bringing about the change for the State of California’s housing issues; and WHEREAS, the majority of these bills usurp the authority of local jurisdictions to determine for themselves the land use policies and practices that best suit each city and its residents and instead impose mandates that do not take into account the needs and differences of jurisdictions throughout the State of California; and WHEREAS, the ability of local jurisdictions to determine for themselves which projects require review beyond a ministerial approval; what parking requirements are appropriate for various neighborhoods within their jurisdiction; what plans and programs are suitable and practical for each community rather than having these decisions imposed upon cities without regard to the circumstances of each individual city; and what zoning should be allowed for properties in the Coastal Zone is a matter of great importance of the City of Hermosa Beach among other items related to local zoning and housing issues;
WHEREAS, the City Council of the City of Hermosa Beach feels strongly that our local government is best able to assess the needs of our community and objects to the proliferation of State legislation that deprives us of that ability;

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

SECTION 1. The City of Hermosa Beach is opposed Senate Bill 79.

SECTION 2. The City of Hermosa Beach is opposed to the current practice of the legislature of the State of California of continually proposing and passing multitudes of bills that directly impact and interfere with the ability of cities to control their own destiny through use of the zoning authority that has been granted to them.

SECTION 3. The City of Hermosa Beach will explore various ways to protect the ability of cities to retain local control over zoning as each individual city within the State of California is best suited to determine how the zoning in their city should be allocated in order to meet the housing needs of the community- particularly in the Coastal Zone where coastal resources must be protected.

SECTION 4. The City Clerk shall email a copy of this adopted resolution to the League of California Cities at [email protected].

PASSED, APPROVED, and ADOPTED on this 8th day of April, 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

1315 Valley Drive, Hermosa Beach, CA 90254 | hermosabeach.gov | HermosaBeachCity HermosaBchCity

April 9, 2025
The Honorable Scott Wiener
Senator, California State Senate
1021 O St, Suite 8620
Sacramento, CA 95814
RE: SB 79 (Wiener) Transit-oriented Development
Notice of Opposition
Dear Senator Wiener,
The City of Hermosa Beach writes to express our opposition to your SB 79 (Wiener), which would disregard state-certified housing elements and bestow land use authority to transit agencies without any requirement that developers build housing, let alone affordable housing.

SB 79 doubles down on the recent trend of the state overriding its own mandated local housing elements. This latest overreaching effort forces cities to approve transit-oriented development projects near specified transit stops — up to seven stories high and a density of 120 homes per acre — without regard to the community's needs, environmental review, or public input.

Most alarmingly, SB 79 defies cities’ general plans and provides transit agencies unlimited land use authority on property they own or have a permanent easement, regardless of the distance from a transit stop. Transit agencies would have the power to determine all aspects of the development including height, density, and design, without any regard to local zoning or planning.

This broad new authority applies to both residential and commercial development. Transit agencies could develop 100% commercial projects — even at transit stops — and not provide a single new home, while simultaneously making the argument that more housing must be constructed around transit stops.

City of Hermosa Beach appreciates and respects your desire to pursue a housing production proposal. However, as currently drafted, SB 79 will not spur much-needed housing construction in a manner that supports local flexibility, decision-making, and community input. State-driven ministerial or by-right housing approval processes fail to recognize the extensive public engagement associated with developing and adopting zoning ordinances and housing elements.

California will never produce the number of homes needed with an increasingly state-driven, byright housing approval process. What we really need is a sustainable state investment that matches the scale of this decades-in-the-making crisis. For these reasons, the City of Hermosa Beach strongly opposes SB 79.

1315 Valley Drive, Hermosa Beach, CA 90254 | hermosabeach.gov | HermosaBeachCity HermosaBchCity

Sincerely,
Dean Francois, Mayor
City of Hermosa Beach

AMENDED IN SENATE MARCH 5, 2025
SENATE BILL No. 79
Introduced by Senator Wiener
January 15, 2025
An act to amend Section 54221 of, and to add Chapter 4.1.5 (commencing with Section 65912.155) to Division 1 of Title 7 of, the Government Code, and to add Section 21080.26.5 to the Public Resources Code, relating to land use.
legislative counsel’s digest
SB 79, as amended, Wiener. Planning and zoning: housing development: transit-oriented development.
(1)  Existing law prescribes requirements for the disposal of surplus land by a local agency. Existing law defines “surplus land” for these purposes to mean land owned in fee simple by any local agency for which the local agency’s governing body takes formal action declaring that the land is surplus and is not necessary for the agency’s use.

Existing law defines “agency’s use” for these purposes to include land that is being used for agency work or operations, as provided. Existing law exempts from this definition of “agency’s use” certain commercial or industrial uses, except that in the case of a local agency that is a district, except a local agency whose primary purpose or mission is to supply the public with a transportation system, “agency’s use” may include commercial or industrial uses or activities, as specified.

This bill would additionally include land leased to support public transit operations in the definition of “agency’s use,” as described above. The bill would also revise the definition of “agency’s use” with respect to commercial or industrial uses to instead provide that a district

98

or a public transit operator may use land for commercial or industrial uses or activities, as described above.
(2)  Existing law, the Planning and Zoning Law, requires each county and city to adopt a comprehensive, long-term general plan for the physical development of the county or city, and specified land outside its boundaries, that contains certain mandatory elements, including a housing element. Existing law requires that the housing element include, among other things, an assessment of housing needs and an inventory of resources and constraints that are relevant to the meeting of these needs, including an inventory of land suitable for residential development, as provided. Existing law, for the 4th and subsequent revisions of the housing element, requires the Department of Housing and Community Development to determine the existing and projected need for housing for each region, as specified, and requires the appropriate council of local governments, or the department for cities and counties without a council of governments, to adopt a final regional housing need plan that allocates a share of the regional housing need to each locality in the region.

Existing law, the Housing Accountability Act, among other things, requires a local agency that proposes to disapprove a housing development project, as defined, or to impose a condition that the project be developed at a lower density to base its decision on written findings supported by a preponderance of the evidence that specified conditions exist if that project complies with applicable, objective general plan, zoning, and subdivision standards and criteria in effect at the time that the application was deemed complete. The act authorizes the applicant, a person who would be eligible to apply for residency in the housing development project or emergency shelter, or a housing organization may bring an action to enforce, as provided, and provides for penalties if the court finds that the local agency is in violation of specified provisions of the act.

This bill would require that a residential development proposed within a specified distance of a transit-oriented development (TOD) stop, as defined, be an allowed use on any site zoned for residential, mixed, commercial, or light industrial development, if the development complies with applicable requirements, as specified. The bill would establish requirements concerning height limits, density, and floor area ratio in accordance with a development’s proximity to specified tiers of TOD stops, as provided. The bill would provide that a local government that denies a project meeting the requirements of these provisions located 98 SB 79 — 2 —

in a high-resource area, as defined, would be presumed in violation of the Housing Accountability Act, as specified, and liable for penalties, as provided. The bill would specify that the a development proposed pursuant to these provisions is eligible for streamlined, ministerial approval pursuant to specified law, except that the bill would exempt a project under these provisions from specified requirements under that law.

The bill would require a proposed development to comply with specified requirements under existing law relating to the demolition of existing residential units. The bill would also authorize a transit agency to adopt objective standards for both residential and commercial development proposed pursuant to these provisions if the development would be constructed on land owned by the transit agency or on which the transit agency has a permanent operating easement, provided that the objective standards allow for the same or greater development intensity as allowed by local standards or applicable state law.

The bill would require the Department of Housing and Community Development to oversee compliance with the bill’s provisions, including, but not limited to, promulgating specified standards relating to the inventory of land included within a county’s or city’s housing element.

The bill would permit a local government to adopt an ordinance to implement these provisions, as provided, and would require the local government to submit a copy of this ordinance to the department within 60 days of adoption and the department to review the ordinance for compliance, as specified. If the department finds an ordinance is out of compliance, and a local government does not take specified steps to address compliance, the bill would require the department to notify the local government in writing and authorize the department to notify the Attorney General, as provided.

The bill would define various terms for its purposes and make related findings and declarations.

The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities. (3)  Existing law, the California Environmental Quality Act (CEQA), requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires 98 — 3 — SB 79

a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. CEQA, until January 1, 2030, exempts from its requirements certain transportation-related projects if specified requirements are met, as provided. CEQA includes within these exempt transportation-related projects a public project for the institution or increase of bus rapid transit, bus, or light rail service, or other passenger rail service, that will be exclusively used by low-emission or zero-emission vehicles, on existing public rights-of-way or existing highway rights-of-way.

This bill would exempt from CEQA a public or private residential, commercial, or mixed-used project that, at the time the project application is filed, is located entirely or principally on land owned by a public transit agency, or fully or partially encumbered by an existing operating easement in favor of a public transit agency, and meets specified requirements. The bill would provide that, for a project that requires the construction of new passenger rail storage and maintenance facilities at a publicly or privately owned offsite location distinct from the principal project site, that project would be considered a wholly separate project from the project described in these provisions and shall not be exempt from CEQA.
(4)  By increasing the duties of local officials, this bill would impose a state-mandated local program.

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.

Existing law, the Planning and Zoning Law, requires each city, county, or city and county to prepare and adopt a general plan for its jurisdiction that contains certain mandatory elements, including a housing element.

Under existing law, a part of the housing element is an assessment of housing needs, which includes the locality’s share of the regional housing need. Under existing law, the appropriate council of local governments, or for cities without a council of governments, the Department of Housing and Community Development, adopts a final regional housing need plan that allocates a share of the regional housing 98 SB 79 — 4 —

need to each locality in the region. Existing law requires the Board of Directors of the San Francisco Bay Area Rapid Transit District to adopt by ordinance transit-oriented development (TOD) zoning standards for each station that establish minimum zoning requirements for height, density, parking, and floor area ratio that apply to an eligible TOD project, as provided, and authorizes developers of certain eligible TOD projects to submit an application for a development that is subject to a specified streamlined, ministerial approval process, as provided.

This bill would declare the intent of the Legislature to enact legislation that would make housing more affordable for California families, reduce greenhouse gas emissions, and enhance public transit systems by, among other things, requiring the upzoning of land near rail stations and rapid bus lines to encourage transit-oriented development. The bill would make related findings and declarations.

Vote: majority. Appropriation: no. Fiscal committee: no yes.

State-mandated local program: no yes.

The people of the State of California do enact as follows:
line 1 SECTION 1. Section 54221 of the Government Code is line 2 amended to read:
line 3 54221. As used in this article, the following definitions shall line 4 apply:
line 5 (a)  (1)  “Local agency” means every city, whether organized line 6 under general law or by charter, county, city and county, district, line 7 including school, sewer, water, utility, and local and regional park line 8 districts of any kind or class, joint powers authority, successor line 9 agency to a former redevelopment agency, housing authority, or line 10 other political subdivision of this state and any instrumentality line 11 thereof that is empowered to acquire and hold real property. line 12 (2)  The Legislature finds and declares that the term “district” line 13 as used in this article includes all districts within the state, line 14 including, but not limited to, all special districts, sewer, water, line 15 utility, and local and regional park districts, and any other political line 16 subdivision of this state that is a district, and therefore the changes line 17 in paragraph (1) made by the act adding this paragraph that specify line 18 that the provisions of this article apply to all districts, including line 19 school, sewer, water, utility, and local and regional park districts line 20 of any kind or class, are declaratory of, and not a change in, line 21 existing law.
98 — 5 — SB 79

line 1 (b)  (1)  “Surplus land” means land owned in fee simple by any line 2 local agency for which the local agency’s governing body takes line 3 formal action in a regular public meeting declaring that the land line 4 is surplus and is not necessary for the agency’s use. Land shall be line 5 declared either “surplus land” or “exempt surplus land,” as line 6 supported by written findings, before a local agency may take any line 7 action to dispose of it consistent with an agency’s policies or line 8 procedures. A local agency, on an annual basis, may declare line 9 multiple parcels as “surplus land” or “exempt surplus land.” line 10 (2)  “Surplus land” includes land held in the Community line 11 Redevelopment Property Trust Fund pursuant to Section 34191.4 line 12 of the Health and Safety Code and land that has been designated line 13 in the long-range property management plan approved by the line 14 Department of Finance pursuant to Section 34191.5 of the Health line 15 and Safety Code, either for sale or for future development, but line 16 does not include any specific disposal of land to an identified entity line 17 described in the plan.
line 18 (3)  Nothing in this article prevents a local agency from obtaining line 19 fair market value for the disposition of surplus land consistent with line 20 Section 54226.
line 21 (4)  Notwithstanding paragraph (1), a local agency is not required line 22 to make a declaration at a public meeting for land that is “exempt line 23 surplus land” pursuant to subparagraph (A), (B), (E), (K), (L), or line 24 (Q) of paragraph (1) of subdivision (f) if the local agency identifies line 25 the land in a notice that is published and available for public line 26 comment, including notice to the entities identified in subdivision line 27 (a) of Section 54222, at least 30 days before the exemption takes line 28 effect.
line 29 (c)  (1)  Except as provided in paragraph (2), “agency’s use” line 30 shall include, but not be limited to, land that is being used, or is line 31 planned to be used pursuant to a written plan adopted by the local line 32 agency’s governing board, for agency work or operations, line 33 including, but not limited to, utility sites, property owned by a port line 34 that is used to support logistics uses, watershed property, land line 35 being used for conservation purposes, land for demonstration, line 36 exhibition, or educational purposes related to greenhouse gas line 37 emissions, sites for broadband equipment or wireless facilities, line 38 land leased to support public transit operations, and buffer sites line 39 near sensitive governmental uses, including, but not limited to, line 40 waste disposal sites, and wastewater treatment plants. “Agency’s 98 SB 79 — 6 —

line 1 use” by a local agency that is a district shall also include land line 2 disposed for uses described in subparagraph (B) of paragraph (2). line 3 (2)  (A)  “Agency’s use” shall not include commercial or line 4 industrial uses or activities, including nongovernmental retail, line 5 entertainment, or office development. Property disposed of for the line 6 sole purpose of investment or generation of revenue shall not be line 7 considered necessary for the agency’s use.
line 8 (B)  In the case of a local agency that is a district, excepting line 9 those whose primary mission or purpose is to supply the public line 10 with a transportation system, district or a public transit operator, line 11 “agency’s use” may include commercial or industrial uses or line 12 activities, including nongovernmental retail, entertainment, or line 13 office development or be for the sole purpose of investment or line 14 generation of revenue if the agency’s governing body takes action line 15 in a public meeting declaring that the use of the site will do one line 16 of the following:
line 17 (i)  Directly further the express purpose of agency work or line 18 operations.
line 19 (ii)  Be expressly authorized by a statute governing the local line 20 agency, provided the district complies with Section 54233.5 if line 21 applicable.
line 22 (d)  (1)  “Dispose” means either of the following:
line 23 (A)  The sale of the surplus land.
line 24 (B)  The entering of a lease for surplus land, which is for a term line 25 longer than 15 years, inclusive of any extension or renewal options line 26 included in the terms of the initial lease, entered into on or after line 27 January 1, 2024.
line 28 (2)  “Dispose” shall not mean either of the following:
line 29 (A)  The entering of a lease for surplus land, which is for a term line 30 of 15 years or less, inclusive of any extension or renewal options line 31 included in the terms of the initial lease.
line 32 (B)  The entering of a lease for surplus land on which no line 33 development or demolition will occur, regardless of the term of line 34 the lease.
line 35 (e)  “Open-space purposes” means the use of land for public line 36 recreation, enjoyment of scenic beauty, or conservation or use of line 37 natural resources.
line 38 (f)  (1)  Except as provided in paragraph (2), “exempt surplus line 39 land” means any of the following:
98 — 7 — SB 79

line 1 (A)  Surplus land that is transferred pursuant to Section 25539.4 line 2 or 37364.
line 3 (B)  Surplus land that is less than one-half acre in area and is line 4 not contiguous to land owned by a state or local agency that is line 5 used for open-space or low- and moderate-income housing line 6 purposes.
line 7 (C)  Surplus land that a local agency is exchanging for another line 8 property necessary for the agency’s use. “Property” may include line 9 easements necessary for the agency’s use.
line 10 (D)  Surplus land that a local agency is transferring to another line 11 local, state, or federal agency, or to a third-party intermediary for line 12 future dedication for the receiving agency’s use, or to a federally line 13 recognized California Indian tribe. If the surplus land is transferred line 14 to a third-party intermediary, the receiving agency’s use must be line 15 contained in a legally binding agreement at the time of transfer to line 16 the third-party intermediary.
line 17 (E)  Surplus land that is a former street, right-of-way, or line 18 easement, and is conveyed to an owner of an adjacent property. line 19 (F)  (i)  Surplus land that is to be developed for a housing line 20 development, which may have ancillary commercial ground floor line 21 uses, that restricts 100 percent of the residential units to persons line 22 and families of low or moderate income, with at least 75 percent line 23 of the residential units restricted to lower income households, as line 24 defined in Section 50079.5 of the Health and Safety Code, with line 25 an affordable sales price or an affordable rent, as defined in Section line 26 50052.5 or 50053 of the Health and Safety Code, for 55 years for line 27 rental housing, 45 years for ownership housing, and 50 years for line 28 rental or ownership housing located on tribal trust lands, unless a line 29 local ordinance or a federal, state, or local grant, tax credit, or other line 30 project financing requires a longer period of affordability, and in line 31 no event shall the maximum affordable sales price or rent level be line 32 higher than 20 percent below the median market rents or sales line 33 prices for the neighborhood in which the site is located. line 34 (ii)  The requirements of clause (i) shall be contained in a line 35 covenant or restriction recorded against the surplus land at the time line 36 of sale that shall run with the land and be enforceable against any line 37 owner who violates the covenant or restriction and each successor line 38 in interest who continues the violation.
line 39 (G)  (i)  Surplus land that is subject to a local agency’s open, line 40 competitive solicitation or that is put to open, competitive bid by 98 SB 79 — 8 —

line 1 a local agency, provided that all entities identified in subdivision line 2 (a) of Section 54222 will be invited to participate in the process, line 3 for a housing or a mixed-use development that is more than one line 4 acre and less than 10 acres in area, consisting of either a single line 5 parcel, or two or more adjacent or non-adjacent parcels combined, line 6 that includes not less than 300 residential units, and that restricts line 7 at least 25 percent of the residential units to lower income line 8 households, as defined in Section 50079.5 of the Health and Safety line 9 Code, with an affordable sales price or an affordable rent, as line 10 defined in Sections 50052.5 and 50053 of the Health and Safety line 11 Code, for 55 years for rental housing, 45 years for ownership line 12 housing, and 50 years for rental or ownership housing located on line 13 tribal trust lands, unless a local ordinance or a federal, state, or line 14 local grant, tax credit, or other project financing requires a longer line 15 period of affordability.
line 16 (ii)  The requirements of clause (i) shall be contained in a line 17 covenant or restriction recorded against the surplus land at the time line 18 of sale that shall run with the land and be enforceable against any line 19 owner who violates the covenant or restriction and each successor line 20 in interest who continues the violation.
line 21 (H)  (i)  Surplus land totaling 10 or more acres, consisting of line 22 either a single parcel, or two or more adjacent or non-adjacent line 23 parcels combined for disposition to one or more buyers pursuant line 24 to a plan or ordinance adopted by the legislative body of the local line 25 agency, or a state statute. That surplus land shall be subject to a line 26 local agency’s open, competitive solicitation process or put out to line 27 open, competitive bid by a local agency, provided that all entities line 28 identified in subdivision (a) of Section 54222 will be invited to line 29 participate in the process for a housing or mixed-use development. line 30 (ii)  The aggregate development shall include the greater of the line 31 following:
line 32 (I)  Not less than 300 residential units.
line 33 (II)  A number of residential units equal to 10 times the number line 34 of acres of the surplus land or 10,000 residential units, whichever line 35 is less.
line 36 (iii)  At least 25 percent of the residential units shall be restricted line 37 to lower income households, as defined in Section 50079.5 of the line 38 Health and Safety Code, with an affordable sales price or an line 39 affordable rent pursuant to Sections 50052.5 and 50053 of the line 40 Health and Safety Code, for a minimum of 55 years for rental 98 — 9 — SB 79

line 1 housing, 45 years for ownership housing, and 50 years for rental line 2 or ownership housing located on tribal trust lands, unless a local line 3 ordinance or a federal, state, or local grant, tax credit, or other line 4 project financing requires a longer period of affordability. line 5 (iv)  If nonresidential development is included in the line 6 development pursuant to this subparagraph, at least 25 percent of line 7 the total planned units affordable to lower income households shall line 8 be made available for lease or sale and permitted for use and line 9 occupancy before or at the same time with every 25 percent of line 10 nonresidential development made available for lease or sale and line 11 permitted for use and occupancy.
line 12 (v)  A violation of this subparagraph is subject to the penalties line 13 described in Section 54230.5. Those penalties are in addition to line 14 any remedy a court may order for violation of this subparagraph. line 15 A local agency shall only dispose of land pursuant to this line 16 subparagraph through a disposition and development agreement line 17 that includes an indemnification clause that provides that if an line 18 action occurs after disposition violates this subparagraph, the line 19 person or entity that acquired the property shall be liable for the line 20 penalties.
line 21 (vi)  The requirements of clauses (i) to (v), inclusive, shall be line 22 contained in a covenant or restriction recorded against the surplus line 23 land at the time of sale that shall run with the land and be line 24 enforceable against any owner who violates the covenant or line 25 restriction and each successor in interest who continues the line 26 violation.
line 27 (I)  A mixed-use development, which may include more than line 28 one publicly owned parcel, that meets all of the following line 29 conditions:
line 30 (i)  The development restricts at least 25 percent of the residential line 31 units to lower income households, as defined in Section 50079.5 line 32 of the Health and Safety Code, with an affordable sales price or line 33 an affordable rent, as defined in Sections 50052.5 and 50053 of line 34 the Health and Safety Code, for 55 years for rental housing, 45 line 35 years for ownership housing, and 50 years for rental or ownership line 36 housing located on tribal trust lands, unless a local ordinance or a line 37 federal, state, or local grant, tax credit, or other project financing line 38 requires a longer period of affordability.
98 SB 79 — 10 —

line 1 (ii)  At least 50 percent of the square footage of the new line 2 construction associated with the development is designated for line 3 residential use.
line 4 (iii)  The development is not located in an urbanized area, as line 5 defined in Section 21094.5 of the Public Resources Code. line 6 (J)  (i)  Surplus land that is subject to a valid legal restriction line 7 that is not imposed by the local agency and that makes housing line 8 prohibited, unless there is a feasible method to satisfactorily line 9 mitigate or avoid the prohibition on the site. A declaration of line 10 exemption pursuant to this subparagraph shall be supported by line 11 documentary evidence establishing the valid legal restriction. For line 12 the purposes of this section, “documentary evidence” includes, line 13 but is not limited to, a contract, agreement, deed restriction, statute, line 14 regulation, or other writing that documents the valid legal line 15 restriction.
line 16 (ii)  Valid legal restrictions include, but are not limited to, all of line 17 the following:
line 18 (I)  Existing constraints under ownership rights or contractual line 19 rights or obligations that prevent the use of the property for line 20 housing, if the rights or obligations were agreed to prior to line 21 September 30, 2019.
line 22 (II)  Conservation or other easements or encumbrances that line 23 prevent housing development.
line 24 (III)  Existing leases, or other contractual obligations or line 25 restrictions, if the terms were agreed to prior to September 30, line 26 2019.
line 27 (IV)  Restrictions imposed by the source of funding that a local line 28 agency used to purchase a property, provided that both of the line 29 following requirements are met:
line 30 (ia)  The restrictions limit the use of those funds to purposes line 31 other than housing.
line 32 (ib)  The proposed disposal of surplus land meets a use consistent line 33 with that purpose.
line 34 (iii)  Valid legal restrictions that would make housing prohibited line 35 do not include either of the following:
line 36 (I)  An existing nonresidential land use designation on the surplus line 37 land.
line 38 (II)  Covenants, restrictions, or other conditions on the property line 39 rendered void and unenforceable by any other law, including, but line 40 not limited to, Section 714.6 of the Civil Code. 98 — 11 — SB 79

line 1 (iv)  Feasible methods to mitigate or avoid a valid legal line 2 restriction on the site do not include a requirement that the local line 3 agency acquire additional property rights or property interests line 4 belonging to third parties.
line 5 (K)  Surplus land that was granted by the state in trust to a local line 6 agency or that was acquired by the local agency for trust purposes line 7 by purchase or exchange, and for which disposal of the land is line 8 authorized or required subject to conditions established by statute. line 9 (L)  Land that is subject to either of the following, unless line 10 compliance with this article is expressly required:
line 11 (i)  Section 17388, 17515, 17536, 81192, 81397, 81399, 81420, line 12 or 81422 of the Education Code.
line 13 (ii)  Part 14 (commencing with Section 53570) of Division 31 line 14 of the Health and Safety Code.
line 15 (M)  Surplus land that is a former military base that was line 16 conveyed by the federal government to a local agency, and is line 17 subject to Article 8 (commencing with Section 33492.125) of line 18 Chapter 4.5 of Part 1 of Division 24 of the Health and Safety Code, line 19 provided that all of the following conditions are met:
line 20 (i)  The former military base has an aggregate area greater than line 21 five acres, is expected to include a mix of residential and line 22 nonresidential uses, and is expected to include no fewer than 1,400 line 23 residential units upon completion of development or redevelopment line 24 of the former military base.
line 25 (ii)  The affordability requirements for residential units shall be line 26 governed by a settlement agreement entered into prior to September line 27 1, 2020. Furthermore, at least 25 percent of the initial 1,400 line 28 residential units developed shall be restricted to lower income line 29 households, as defined in Section 50079.5 of the Health and Safety line 30 Code, with an affordable sales price or an affordable rent, as line 31 defined in Sections 50052.5 and 50053 of the Health and Safety line 32 Code, for 55 years for rental housing, 45 years for ownership line 33 housing, and 50 years for rental or ownership housing located on line 34 tribal trust lands, unless a local ordinance or a federal, state, or line 35 local grant, tax credit, or other project financing requires a longer line 36 period of affordability.
line 37 (iii)  Before disposition of the surplus land, the agency adopts line 38 written findings that the land is exempt surplus land pursuant to line 39 this subparagraph.
98 SB 79 — 12 —

line 1 (iv)  Before disposition of the surplus land, the recipient has line 2 negotiated a project labor agreement consistent with the local line 3 agency’s project stabilization agreement resolution, as adopted on line 4 February 2, 2021, and any succeeding ordinance, resolution, or line 5 policy, regardless of the length of the agreement between the local line 6 agency and the recipient.
line 7 (v)  The agency includes in the annual report required by line 8 paragraph (2) of subdivision (a) of Section 65400 the status of line 9 development of residential units on the former military base, line 10 including the total number of residential units that have been line 11 permitted and what percentage of those residential units are line 12 restricted for persons and families of low or moderate income, or line 13 lower income households, as defined in Section 50079.5 of the line 14 Health and Safety Code.
line 15 A violation of this subparagraph is subject to the penalties line 16 described in Section 54230.5. Those penalties are in addition to line 17 any remedy a court may order for violation of this subparagraph line 18 or the settlement agreement.
line 19 (N)  Real property that is used by a district for an agency’s use line 20 expressly authorized in subdivision (c).
line 21 (O)  Land that has been transferred before June 30, 2019, by the line 22 state to a local agency pursuant to Section 32667 of the Streets line 23 and Highways Code and has a minimum planned residential density line 24 of at least 100 dwelling units per acre, and includes 100 or more line 25 residential units that are restricted to persons and families of low line 26 or moderate income, with an affordable sales price or an affordable line 27 rent, as defined in Sections 50052.5 and 50053 of the Health and line 28 Safety Code, for 55 years for rental housing, 45 years for ownership line 29 housing, and 50 years for rental or ownership housing located on line 30 tribal trust lands, unless a local ordinance or a federal, state, or line 31 local grant, tax credit, or other project financing requires a longer line 32 period of affordability. For purposes of this subparagraph, not line 33 more than 20 percent of the affordable units may be restricted to line 34 persons and families of moderate income and at least 80 percent line 35 of the affordable units must be restricted to lower income line 36 households as defined in Section 50079.5 of the Health and Safety line 37 Code.
line 38 (P)  (i)  Land that meets the following conditions:
line 39 (I)  Land that is subject to a sectional planning area document line 40 that meets both of the following:
98 — 13 — SB 79

line 1 (ia)  The sectional planning area was adopted prior to January line 2 1, 2019.
line 3 (ib)  The sectional planning area document is consistent with line 4 county and city general plans applicable to the land. line 5 (II)  The land identified in the adopted sectional planning area line 6 document was dedicated prior to January 1, 2019. line 7 (III)  On January 1, 2019, the parcels on the land met at least line 8 one of the following conditions:
line 9 (ia)  The land was subject to an irrevocable offer of dedication line 10 of fee interest requiring the land to be used for a specified purpose. line 11 (ib)  The land was acquired through a land exchange subject to line 12 a land offer agreement that grants the land’s original owner the line 13 right to repurchase the land acquired by the local agency pursuant line 14 to the agreement if the land will not be developed in a manner line 15 consistent with the agreement.
line 16 (ic)  The land was subject to a grant deed specifying that the line 17 property shall be used for educational uses and limiting other types line 18 of uses allowed on the property.
line 19 (IV)  At least 25 percent of the units are dedicated to lower line 20 income households, as defined in Section 50079.5 of the Health line 21 and Safety Code, at an affordable rent, as defined by Section 50053 line 22 of the Health and Safety Code, or an affordable housing cost, as line 23 defined by Section 50052.5 of the Health and Safety Code, and line 24 subject to a recorded deed restriction for a period of 55 years for line 25 rental units and 45 years for owner-occupied units, unless a local line 26 ordinance or a federal, state, or local grant, tax credit, or other line 27 project financing requires a longer period of affordability. line 28 (V)  The land is developed at an average density of at least 10 line 29 units per acre, calculated with respect to the entire sectional line 30 planning area.
line 31 (VI)  No more than 25 percent of the nonresidential square line 32 footage identified in the sectional planning area document receives line 33 its first certificate of occupancy before at least 25 percent of the line 34 residential square footage identified in the sectional planning area line 35 document has received its first certificate of occupancy. line 36 (VII)  No more than 50 percent of the nonresidential square line 37 footage identified in the sectional planning area document receives line 38 its first certificate of occupancy before at least 50 percent of the line 39 residential square footage identified in the sectional planning area line 40 document has received its first certificate of occupancy. 98 SB 79 — 14 —

line 1 (VIII)  No more than 75 percent of the nonresidential square line 2 footage identified in the sectional planning area document shall line 3 receive its first certificate of occupancy before at least 75 percent line 4 of the residential square footage identified in the sectional planning line 5 area document has received its first certificate of occupancy. line 6 (ii)  The local agency includes in the annual report required by line 7 paragraph (2) of subdivision (a) of Section 65400 the status of line 8 development, including the total square footage of the residential line 9 and nonresidential development, the number of residential units line 10 that have been permitted, and what percentage of those residential line 11 units are restricted for persons and families of low or moderate line 12 income, or lower income households, as defined in Section 50079.5 line 13 of the Health and Safety Code.
line 14 (iii)  The Department of Housing and Community Development line 15 may request additional information from the agency regarding line 16 land disposed of pursuant to this subparagraph. line 17 (iv)  At least 30 days prior to disposing of land declared “exempt line 18 surplus land,” a local agency shall provide the Department of line 19 Housing and Community Development a written notification of line 20 its declaration and findings in a form prescribed by the Department line 21 of Housing and Community Development. Within 30 days of line 22 receipt of the written notification and findings, the department line 23 shall notify the local agency if the department has determined that line 24 the local agency is in violation of this article. A local agency that line 25 fails to submit the written notification and findings shall be liable line 26 for a civil penalty pursuant to this subparagraph. A local agency line 27 shall not be liable for the civil penalty if the Department of Housing line 28 and Community Development does not notify the agency that the line 29 agency is in violation of this article within 30 days of receiving line 30 the written notification and findings. Once the department line 31 determines that the declarations and findings comply with line 32 subclauses (I) to (IV), inclusive, of clause (i), the local agency line 33 may proceed with disposal of land pursuant to this subparagraph. line 34 This clause is declaratory of, and not a change in, existing law. line 35 (v)  If the local agency disposes of land in violation of this line 36 subparagraph, the local agency shall be liable for a civil penalty line 37 calculated as follows:
line 38 (I)  For a first violation, 30 percent of the greater of the final line 39 sale price or the fair market value of the land at the time of line 40 disposition.
98 — 15 — SB 79

line 1 (II)  For a second or subsequent violation, 50 percent of the line 2 greater of the final sale price or the fair market value of the land line 3 at the time of disposition.
line 4 (III)  For purposes of this subparagraph, fair market value shall line 5 be determined by an independent appraisal of the land. line 6 (IV)  An action to enforce this subparagraph may be brought by line 7 any of the following:
line 8 (ia)  An entity identified in subdivisions (a) to (e), inclusive, of line 9 Section 54222.
line 10 (ib)  A person who would have been eligible to apply for line 11 residency in affordable housing had the agency not violated this line 12 section.
line 13 (ic)  A housing organization, as that term is defined in Section line 14 65589.5.
line 15 (id)  A beneficially interested person or entity. line 16 (ie)  The Department of Housing and Community Development. line 17 (V)  A penalty assessed pursuant to this subparagraph shall, line 18 except as otherwise provided, be deposited into a local housing line 19 trust fund. The local agency may elect to instead deposit the penalty line 20 moneys into the Building Homes and Jobs Trust Fund or the line 21 Housing Rehabilitation Loan Fund. Penalties shall not be paid out line 22 of funds already dedicated to affordable housing, including, but line 23 not limited to, Low and Moderate Income Housing Asset Funds, line 24 funds dedicated to housing for very low, low-, and line 25 moderate-income households, and federal HOME Investment line 26 Partnerships Program and Community Development Block Grant line 27 Program funds. The local agency shall commit and expend the line 28 penalty moneys deposited into the local housing trust fund within line 29 five years of deposit for the sole purpose of financing newly line 30 constructed housing units that are affordable to extremely low, line 31 very low, or low-income households.
line 32 (VI)  Five years after deposit of the penalty moneys into the line 33 local housing trust fund, if the funds have not been expended, the line 34 funds shall revert to the state and be deposited in the Building line 35 Homes and Jobs Trust Fund or the Housing Rehabilitation Loan line 36 Fund for the sole purpose of financing newly constructed housing line 37 units located in the same jurisdiction as the surplus land and that line 38 are affordable to extremely low, very low, or low-income line 39 households. Expenditure of any penalty moneys deposited into the line 40 Building Homes and Jobs Trust Fund or the Housing Rehabilitation 98 SB 79 — 16 —

line 1 Loan Fund pursuant to this subdivision shall be subject to line 2 appropriation by the Legislature.
line 3 (vi)  For purposes of this subparagraph, the following definitions line 4 apply:
line 5 (I)  “Sectional planning area” means an area composed of line 6 identifiable planning units, within which common services and line 7 facilities, a strong internal unity, and an integrated pattern of land line 8 use, circulation, and townscape planning are readily achievable. line 9 (II)  “Sectional planning area document” means a document or line 10 plan that sets forth, at minimum, a site utilization plan of the line 11 sectional planning area and development standards for each land line 12 use area and designation.
line 13 (vii)  This subparagraph shall become inoperative on January 1, line 14 2034.
line 15 (Q)  Land that is owned by a California public-use airport on line 16 which residential uses are prohibited pursuant to Federal Aviation line 17 Administration Order 5190.6B, Airport Compliance Program, line 18 Chapter 20 -- Compatible Land Use and Airspace Protection. line 19 (R)  Land that is transferred to a community land trust, and all line 20 of the following conditions are met:
line 21 (i)  The property is being or will be developed or rehabilitated line 22 as any of the following:
line 23 (I)  An owner-occupied single-family dwelling.
line 24 (II)  An owner-occupied unit in a multifamily dwelling. line 25 (III)  A member-occupied unit in a limited equity housing line 26 cooperative.
line 27 (IV)  A rental housing development.
line 28 (ii)  Improvements on the property are or will be available for line 29 use and ownership or for rent by qualified persons, as defined in line 30 paragraph (6) of subdivision (c) of Section 214.18 of the Revenue line 31 and Taxation Code.
line 32 (iii)  (I)  A deed restriction or other instrument, requiring a line 33 contract or contracts serving as an enforceable restriction on the line 34 sale or resale value of owner-occupied units or on the affordability line 35 of rental units is recorded on or before the lien date following the line 36 acquisition of the property by the community land trust. line 37 (II)  For the purpose of this clause, the following definitions line 38 apply:
line 39 (ia)  “A contract or contracts serving as an enforceable restriction line 40 on the sale or resale value of owner-occupied units” means a 98 — 17 — SB 79

line 1 contract described in paragraph (11) of subdivision (a) of Section line 2 402.1 of the Revenue and Taxation Code.
line 3 (ib)  “A contract or contracts serving as an enforceable restriction line 4 on the affordability of rental units” means an enforceable and line 5 verifiable agreement with a public agency, a recorded deed line 6 restriction, or other legal document described in subparagraph (A) line 7 of paragraph (2) of subdivision (g) of Section 214 of the Revenue line 8 and Taxation Code.
line 9 (iv)  A copy of the deed restriction or other instrument shall be line 10 provided to the assessor.
line 11 (S)  (i)  For local agencies whose primary mission or purpose is line 12 to supply the public with a transportation system, surplus land that line 13 is developed for commercial or industrial uses or activities, line 14 including nongovernmental retail, entertainment, or office line 15 development or for the sole purpose of investment or generation line 16 of revenue, if the agency meets all of the following conditions:
line 17 (I)  The agency has an adopted land use plan or policy that line 18 designates at least 50 percent of the gross acreage covered by the line 19 adopted land use plan or policy for residential purposes. The line 20 adopted land use plan or policy shall also require the development line 21 of at least 300 residential units, or at least 10 residential units per line 22 gross acre, averaged across all land covered by the land use plan line 23 or policy, whichever is greater.
line 24 (II)  The agency has an adopted land use plan or policy that line 25 requires at least 25 percent of all residential units to be developed line 26 on the parcels covered by the adopted land use plan or policy made line 27 available to lower income households, as defined in Section 50079 line 28 of the Health and Safety Code, at an affordable sales price or rented line 29 at an affordable rent, as defined in Sections 50052.5 and 50053 of line 30 the Health and Safety Code, for 55 years for rental housing and line 31 45 years for ownership housing, unless a local ordinance or the line 32 terms of a federal, state, or local grant, tax credit, or other project line 33 financing requires a longer period of affordability. These terms line 34 shall be included in the land use plan or policy and dictate that line 35 they will be contained in a covenant or restriction recorded against line 36 the surplus land at the time of disposition that shall run with the line 37 land and be enforceable against any owner or lessee who violates line 38 the covenant or restriction and each successor in interest who line 39 continues the violation.
98 SB 79 — 18 —

line 1 (III)  Land disposed of for residential purposes shall issue a line 2 competitive request for proposals subject to the local agency’s line 3 open, competitive solicitation process or put out to open, line 4 competitive bid by the local agency, provided that all entities line 5 identified in subdivision (a) of Section 54222 are invited to line 6 participate.
line 7 (IV)  Prior to entering into an agreement to dispose of a parcel line 8 for nonresidential development on land designated for the purposes line 9 authorized pursuant to this subparagraph in an agency’s adopted line 10 land use plan or policy, the agency, since January 1, 2020, must line 11 have entered into an agreement to dispose of a minimum of 25 line 12 percent of the land designated for affordable housing pursuant to line 13 subclause (II).
line 14 (ii)  The agency may exempt at one time all parcels covered by line 15 the adopted land use plan or policy pursuant to this subparagraph. line 16 (2)  Notwithstanding paragraph (1), a written notice of the line 17 availability of surplus land for open-space purposes shall be sent line 18 to the entities described in subdivision (b) of Section 54222 before line 19 disposing of the surplus land, provided the land does not meet the line 20 criteria in subparagraph (H) of paragraph (1), if the land is any of line 21 the following:
line 22 (A)  Within a coastal zone.
line 23 (B)  Adjacent to a historical unit of the State Parks System. line 24 (C)  Listed on, or determined by the State Office of Historic line 25 Preservation to be eligible for, the National Register of Historic line 26 Places.
line 27 (D)  Within the Lake Tahoe region as defined in Section 66905.5. line 28 (g)  “Persons and families of low or moderate income” has the line 29 same meaning as provided in Section 50093 of the Health and line 30 Safety Code.
line 31 SEC. 2. Chapter 4.1.5 (commencing with Section 65912.155) line 32 is added to Division 1 of Title 7 of the Government Code, to read:
line 33
line 34 Chapter 4.1.5. Transit-Oriented Development
line 35
line 36 65912.155. The Legislature finds and declares all of the line 37 following:
line 38 (a)  California faces a housing shortage both acute and chronic, line 39 particularly in areas with access to robust public transit line 40 infrastructure.
98 — 19 — SB 79

line 1 (b)  Building more homes near transit access reduces housing line 2 and transportation costs for California families, and promotes line 3 environmental sustainability, economic growth, and reduced traffic line 4 congestion.
line 5 (c)  Public transit systems require sustainable funding to provide line 6 reliable service, especially in areas experiencing increased density line 7 and ridership. The state does not invest in public transit service line 8 to the same degree as it does in roads, and the state funds a smaller line 9 proportion of the state’s major transit agencies’ operations costs line 10 than other states with comparable systems. Transit systems in line 11 other countries derive significant revenue from transit oriented line 12 development at and near their stations.
line 13 65912.156. For purposes of this chapter, the following line 14 definitions apply:
line 15 (a)  “Adjacent” means sharing a property line with a transit line 16 station or stop, including any parcels that serve a parking or line 17 circulation purpose related to the station or stop. line 18 (b)  “Department” means the Department of Housing and line 19 Community Development.
line 20 (c)  “Floor area ratio” means the ratio of net habitable square line 21 footage dedicated to residential use to the area of the lot. line 22 (d)  “High-frequency commuter rail” means a commuter rail line 23 service operating a total of at least six trains per hour during line 24 weekday peak periods at any point in the past three years, or with line 25 a service plan to implement that frequency in the next three years. line 26 (e)  “High-resource area” means a high-resource neighborhood line 27 opportunity area, as used in the opportunity area maps published line 28 annually by the California Tax Credit Allocation Committee and line 29 the department.
line 30 (f)  “Moderate-frequency commuter rail” means a commuter line 31 rail service with a total of at least 24 daily trains per weekday and line 32 service frequency below a total of 6 trains per hour during weekday line 33 peak periods at any point in the past three years, or with a service line 34 plan to implement that frequency in the next three years. line 35 (g)  “Net habitable square footage” means the finished and line 36 heated floor area fully enclosed by the inside surface of walls, line 37 windows, doors, and partitions, and having a headroom of at least line 38 six and one-half feet, including working, living, eating, cooking, line 39 sleeping, stair, hall, service, and storage areas, but excluding 98 SB 79 — 20 —

line 1 garages, carports, parking spaces, cellars, half-stories, and line 2 unfinished attics and basements.
line 3 (h)  “Rail transit” has the same meaning as defined in Section line 4 99602 of the Public Utilities Code.
line 5 (i)  “Tier 1 transit-oriented development stop” means a line 6 transit-oriented development stop served by rail transit, as defined line 7 in Section 99602 of the Public Utilities Code, including, but not line 8 limited to, high-frequency commuter rail and light rail transit that line 9 uses fixed guideway facilities immediately adjacent to the line 10 transit-oriented development stop, excluding those rail transit line 11 services defined as part of Tier 2 or 3.
line 12 (j)  “Tier 2 transit-oriented development stop” means a line 13 transit-oriented development stop served by light rail transit run line 14 by a public transit operator that uses fixed guideway facilities that line 15 are not grade separated immediately adjacent to the line 16 transit-oriented development stop, or fixed guideway or nonfixed line 17 guideway bus service with frequencies of 15 minutes or better that line 18 uses transit priority lanes for some or all of the route. line 19 (k)  “Tier 3 transit-oriented development stop” means a line 20 transit-oriented development stop served by moderate-frequency line 21 commuter rail service or ferry service.
line 22 (l)  “Transit-oriented development stop” means a major transit line 23 stop, as defined by Section 21155 of the Public Resources Code, line 24 excluding any stop served by rail transit with a frequency of fewer line 25 than 10 total trains per weekday.
line 26 65912.157. (a)  A residential development within one-half or line 27 one-quarter mile of a transit-oriented development stop shall be line 28 an allowed use on any site zoned for residential, mixed, line 29 commercial, or light industrial development, if the development line 30 complies with the applicable of all of the following requirements:
line 31 (1)  For a residential development within one-quarter mile of a line 32 Tier 1 transit-oriented development stop, all of the following apply:
line 33 (A)  A development may be built up to 75 feet high, or up to the line 34 local height limit, whichever is greater.
line 35 (B)  A local government shall not impose any maximum density line 36 of less than 120 dwelling units per acre. The development line 37 proponent may seek a further increased density in accordance line 38 with applicable density bonus law.
98 — 21 — SB 79

line 1 (C)  A local government shall not enforce any other local line 2 development standard or combination of standards that would line 3 prevent achieving a floor area ratio of up to 3.5. line 4 (D)  A development that otherwise meets the eligibility line 5 requirements of Section 65915, including, but not limited to, line 6 affordability requirements, shall be eligible for three additional line 7 concessions pursuant to Section 65915.
line 8 (2)  For a residential development within one-half mile of a Tier line 9 1 transit-oriented development stop, all of the following apply:
line 10 (A)  A development may be built up to 65 feet high, or up to the line 11 local height limit, whichever is greater.
line 12 (B)  A local government shall not impose any maximum density line 13 standard of less of less than 100 dwelling units per acre. The line 14 development proponent may seek a further increased density in line 15 accordance with applicable density bonus law.
line 16 (C)  A local government shall not enforce any other local line 17 development standard or combination of standards that would line 18 prevent achieving a floor area ratio of up to 3. line 19 (D)  A development that otherwise meets the eligibility line 20 requirements of Section 65915, including, but not limited to, line 21 affordability requirements, shall be eligible for two additional line 22 concessions pursuant to Section 65915.
line 23 (3)  For a residential development within one-quarter mile of a line 24 Tier 2 transit-oriented development stop, all of the following apply:
line 25 (A)  A development may be built up to 65 feet high, or up to the line 26 local height limit, whichever is greater.
line 27 (B)  A local government shall not impose any maximum density line 28 standard of less than 100 dwelling units per acre. The development line 29 proponent may seek a further increased density in accordance line 30 with applicable density bonus law.
line 31 (C)  A local government shall not enforce any other local line 32 development standard or combination of standards that would line 33 prevent achieving a floor area ratio of up to 3. line 34 (D)  A development that otherwise meets the eligibility line 35 requirements of Section 65915, including, but not limited to, line 36 affordability requirements, shall be eligible for two additional line 37 concessions pursuant to Section 65915.
line 38 (4)  For a residential development within one-half mile of a Tier line 39 2 transit-oriented development stop, all of the following apply:
98 SB 79 — 22 —

line 1 (A)  A development may be built up to 55 feet high, or up to the line 2 local height limit, whichever is greater.
line 3 (B)  A local government shall not impose any maximum density line 4 standard of less than 80 dwelling units per acre. The development line 5 proponent may seek a further increased density in accordance line 6 with applicable density bonus law.
line 7 (C)  A local government shall not enforce any other local line 8 development standard or combination of standards that would line 9 prevent achieving a floor area ratio of up to 2.5. line 10 (D)  A development that otherwise meets the eligibility line 11 requirements of Section 65915, including, but not limited to, line 12 affordability requirements, shall be eligible for one additional line 13 concession pursuant to Section 65915.
line 14 (5)  For a residential development within one-quarter mile of a line 15 Tier 3 transit-oriented development stop, all of the following apply:
line 16 (A)  A development may be built up to 55 feet high, or up to the line 17 local height limit, whichever is greater.
line 18 (B)  A local government shall not impose any maximum density line 19 standard of less than 80 dwelling units per acre. The development line 20 proponent may seek a further increased density in accordance line 21 with applicable density bonus law.
line 22 (C)  A local government shall not enforce any other local line 23 development standard or combination of standards that would line 24 prevent achieving a floor area ratio of up to 2.5. line 25 (D)  A development that otherwise meets the eligibility line 26 requirements of Section 65915, including, but not limited to, line 27 affordability requirements, shall be eligible for one additional line 28 concession pursuant to Section 65915.
line 29 (6)  For a residential development within one-half mile of a Tier line 30 3 transit-oriented development stop, all of the following apply:
line 31 (A)  A development may be built up to 45 feet high, or up to the line 32 local height limit, whichever is greater.
line 33 (B)  A local government shall not impose any maximum density line 34 standard of less than 60 dwelling units per acre. The development line 35 proponent may seek a further increased density in accordance line 36 with applicable density bonus law.
line 37 (C)  A local government shall not enforce any other local line 38 development standard or combination of standards that would line 39 prevent achieving a floor area ratio of up to 2. 98 — 23 — SB 79

line 1 (b)  Notwithstanding any other law, a parcel that meets any of line 2 the eligibility criteria under subdivision (a) and is immediately line 3 adjacent to a Tier 1, Tier 2, or Tier 3 transit-oriented development line 4 stop shall be eligible for an adjacency intensifier to increase the line 5 height limit by an additional 20 feet, the maximum density standard line 6 by an additional 40 dwelling units per acre, and the floor area line 7 ratio by 1.
line 8 (c)  A development proposed pursuant to this section shall line 9 comply with the antidisplacement requirements of Section 66300.6. line 10 This subdivision shall apply to any city or county. line 11 (d)  A local government that denies a project meeting of the line 12 requirements of this section that is located in a high-resource area line 13 shall be presumed to be in violation of the Housing Accountability line 14 Act (Section 65589.5) and liable for penalties pursuant to line 15 subparagraph (B) of paragraph (1) of subdivision (k) of Section line 16 65589.5, unless the local government demonstrates substantial line 17 evidence that it has a health, life, or safety reason for denying the line 18 project.
line 19 65912.158. Notwithstanding any other provision of this chapter, line 20 a transit agency may adopt objective standards for both residential line 21 and commercial developments proposed to be constructed on land line 22 owned by the transit agency or on which the transit agency has a line 23 permanent operating easement, if the objective standards allow line 24 for the same or greater development intensity as that allowed by line 25 local standards or applicable state law.
line 26 65912.159. A development project proposed pursuant to Section line 27 65912.157 shall be eligible for streamlined ministerial approval line 28 pursuant to Section 65913.4 in accordance with both of the line 29 following:
line 30 (a)  The proposed project shall be exempt from subparagraph line 31 (A) of paragraph (4) of, paragraph (5) of, and clause (iv) of line 32 subparagraph (A) of paragraph (6) of, subdivision (a) of Section line 33 65913.4.
line 34 (b)  The project shall comply with all other requirements of line 35 Section 65913.4, including, but not limited to, the prohibition line 36 against a site that is within a very high fire hazard severity zone, line 37 pursuant to subparagraph (D) of paragraph (6) of subdivision (a) line 38 of Section 65913.4.
line 39 65912.160. (a)  The department shall oversee compliance with line 40 this chapter, including, but not limited to, promulgating standards 98 SB 79 — 24 —

line 1 on how to account for capacity pursuant to this chapter in a city line 2 or county’s inventory of land suitable for residential development, line 3 pursuant to Section 65583.2.
line 4 (b)  (1)  A local government may adopt an ordinance to line 5 implement the provisions of this chapter, which may include line 6 revisions to applicable zoning requirements on individual sites line 7 within a transit-oriented development zone, provided that those line 8 revisions maintain the average density allowed for the applicable line 9 tier, or up to a 100-percent increase, subject to review by the line 10 department pursuant to paragraph (3).
line 11 (2)  An ordinance adopted to implement this section shall not line 12 be considered a project under Division 13 (commencing with line 13 Section 21000) of the Public Resources Code.
line 14 (3)  (A)  A local government shall submit a copy of any ordinance line 15 adopted pursuant to this section to the department within 60 days line 16 of adoption.
line 17 (B)  Upon receipt of an ordinance pursuant to this paragraph, line 18 the department shall review that ordinance and determine whether line 19 it complies with this section. If the department determines that the line 20 ordinance does not comply with this section, the department shall line 21 notify the local government in writing and provide the local line 22 government a reasonable time, not to exceed 30 days, to respond line 23 before taking further action as authorized by this section. line 24 (C)  The local government shall consider any findings made by line 25 the department pursuant to subparagraph (B) and shall do one of line 26 the following:
line 27 (i)  Amend the ordinance to comply with this section. line 28 (ii)  Adopt the ordinance without changes. The local government line 29 shall include findings in its resolution adopting the ordinance that line 30 explain the reasons the local government believes that the line 31 ordinance complies with this section despite the findings of the line 32 department.
line 33 (D)  If the local government does not amend its ordinance in line 34 response to the department’s findings or does not adopt a line 35 resolution with findings explaining the reason the ordinance line 36 complies with this chapter and addressing the department’s line 37 findings, the department shall notify the local government and may line 38 notify the Attorney General that the local government is in violation line 39 of this section.
98 — 25 — SB 79

line 1 65912.161. The Legislature finds and declares that the state line 2 faces a housing crisis of availability and affordability, in large line 3 part due to a severe shortage of housing, and solving the housing line 4 crisis therefore requires a multifaceted, statewide approach, line 5 including, but not limited to, encouraging an increase in the overall line 6 supply of housing, encouraging the development of housing that line 7 is affordable to households at all income levels, removing barriers line 8 to housing production, expanding homeownership opportunities, line 9 and expanding the availability of rental housing, and is a matter line 10 of statewide concern and is not a municipal affair as that term is line 11 used in Section 5 of Article XI of the California Constitution. line 12 Therefore, this chapter applies to all cities, including charter cities. line 13 SEC. 3. Section 21080.26.5 is added to the Public Resources line 14 Code, to read:
line 15 21080.26.5. (a)  For the purposes of this section, “public line 16 project” means a project constructed by either a public agency or line 17 private entity, that, upon the completion of the construction, will line 18 be operated by a public agency.
line 19 (b)  This division shall not apply to a public or private line 20 residential, commercial, or mixed-used project that, at the time line 21 the project application is filed, is located entirely or principally line 22 on land owned by a public transit agency, or fully or partially line 23 encumbered by an existing operating easement in favor of a public line 24 transit agency, and that includes at least one of the following:
line 25 (1)  A project component identified in paragraphs (1) to (5), line 26 inclusive, or paragraph (7) of subdivision (b) of Section 21080.25. line 27 (2)  A public project for passenger rail service facilities, other line 28 than light rail service eligible under paragraph (5) of subdivision line 29 (b) of Section 21080.25, including the construction, line 30 reconfiguration, or rehabilitation of stations, terminals, rails, line 31 platforms, or existing operations facilities, which will be exclusively line 32 used by zero-emission or electric trains. The project shall be line 33 located on land owned by a public transit agency, or land fully or line 34 partially encumbered by an existing operating easement in favor line 35 of a public transit agency, at the time the project application is line 36 filed.
line 37 (3)  An agreement between the project applicant and public line 38 transit agency that owns the land or has the permanent operating line 39 easement to finance transit capital infrastructure, transit line 40 maintenance, or transit operations, including through a proposed 98 SB 79 — 26 —

line 1 public financing district, community financing district, or tax line 2 increment generated by the project.
line 3 (c)  If a project described in subdivision (b) requires the line 4 construction of new passenger rail storage and maintenance line 5 facilities at a publicly or privately owned offsite location distinct line 6 from the principal project site, then that project shall be considered line 7 a wholly separate project from the project described in subdivision line 8 (b) and shall not be exempt from this division. Any required line 9 environmental review shall not affect or render invalid the line 10 exemption provided in subdivision (b), regardless of whether the line 11 project described in subdivision (b) cannot proceed unless the line 12 offsite facilities are constructed.
line 13 SEC. 4. No reimbursement is required by this act pursuant to line 14 Section 6 of Article XIII B of the California Constitution because line 15 a local government or school district has the authority to levy line 16 service charges, fees, or assessments sufficient to pay for the line 17 program or level of service mandated by this act, within the line 18 meaning of Section 17556 of the Government Code. line 19 SECTION 1. (a)  It is the intent of the Legislature to enact line 20 legislation that makes housing more affordable for California line 21 families, reduces greenhouse gas emissions, and enhances public line 22 transit systems.
line 23 (b)  Specifically, it is the intent of the Legislature that the line 24 legislation described in subdivision (a) do all of the following:
line 25 (1)  Require the upzoning of land near rail stations and rapid bus line 26 lines to encourage transit-oriented development. line 27 (2)  Ensure that the degree of upzoning is proportional to the line 28 capacity of the adjacent transit network and the distance to transit line 29 stations, thereby maximizing the use of public transit infrastructure. line 30 (3)  Integrate upzoning provisions into local jurisdictions’ line 31 housing elements to align with statewide housing goals and line 32 promote compliance with the regional housing need allocation line 33 process.
line 34 (4)  Support transit agencies in increasing and diversifying their line 35 revenue sources beyond existing public subsidies and fare revenue line 36 either in this bill or in subsequent legislation, ensuring sustainable line 37 funding for operational and capital improvements necessary to line 38 meet increased demand resulting from upzoning initiatives. line 39 SEC. 2. (a)  The Legislature finds and declares the following:
98 — 27 — SB 79

line 1 (1)  California faces a housing shortage both acute and chronic, line 2 particularly in areas with access to robust public transit line 3 infrastructure.
line 4 (2)  Building more homes near transit access reduces housing line 5 and transportation costs for California families, and promotes line 6 environmental sustainability, economic growth, and reduced traffic line 7 congestion.
line 8 (3)  Public transit systems require sustainable funding to provide line 9 reliable service, especially in areas experiencing increased density line 10 and ridership. The state does not invest in public transit service to line 11 the same degree as it does in roads, and the state funds a smaller line 12 proportion of the state’s major transit agencies’ operations costs line 13 than other states with comparable systems.
line 14 (b)  Therefore, it is the intent of the Legislature to address these line 15 challenges by enacting legislation to do the following:
line 16 (1)  Establishing a framework for transit-based upzoning that is line 17 sensitive to the capacity of existing and planned transit line 18 infrastructure.
line 19 (2)  Supporting local jurisdictions in integrating these upzoning line 20 requirements into their housing elements as part of their general line 21 plans.
line 22 (3)  Allowing local jurisdictions to be exempt from the upzoning line 23 provisions if they adopt higher intensity or more permissive zoning line 24 standards than those set by state law.
line 25 (4)  Ensuring that all eligible parcels may also benefit from the line 26 streamlining provisions under Section 65913.4 of the Government line 27 Code, provided they meet the labor, environmental, and other line 28 relevant standards outlined in the statute.
line 29 (5)  Granting transit agencies the authority to set residential and line 30 commercial zoning standards on properties they own or have a line 31 permanent operating easement on, provided that the residential line 32 and commercial zoning standards are higher intensity and more line 33 permissive than the zoning standards set by the local government. line 34 SEC. 3. In enacting the legislation described in Section 1, it is line 35 further the intent of the Legislature to do the following:
line 36 (a)  Consult with local governments, regional planning agencies, line 37 transit operators, housing advocates, environmental groups, and line 38 other stakeholders to develop effective and equitable upzoning line 39 criteria.
98 SB 79 — 28 —

line 1 (b)  Require local jurisdictions to adopt and implement these line 2 transit-based upzoning policies in a timely and effective manner. line 3 (c)  Monitor and evaluate the outcomes of transit-based upzoning line 4 policies to ensure alignment with the state’s housing, line 5 environmental, and transportation goals.

O
98 — 29 — SB 79

CONSIDERATION OF A

RESOLUTION EXPRESSING

OPPOSITION FOR SENATE BILL
79 (WIENER)
City of Hermosa Beach
April 8, 2025 Page 691 of 702
Background
 Proposed bill requires cities to approve higher-density residential and commercial development near transit-oriented development (TOD) stops.  Per California Public Resources Code, Section 21064.3 defines a "major transit stop" as a site with an existing rail or bus rapid transit station, a ferry terminal served by bus or rail, or the intersection of two or more major bus routes with a frequency of service interval of 20 minutes or less during peak commute periods.  Per California Public Resources Code, Section 21155 defines "high-quality transit corridor" as a bus corridor with fixed-route service and service intervals no longer than 15 minutes during peak commute hours.
 Hermosa Beach does not have any “high-quality transit corridors” stops, therefore this proposed bill would not have a direct impact as it stands today.

Senate Bill 79 (Wiener)
Requires cities to approve higher-density residential projects up to seven stories near public transit-oriented development (TOD) stops ministerially regardless of local zoning codes, limits the use of local development standards on the proposed project, and allows transit agencies full land authority over residential and commercial development on property they own or lease.

Overview

 The League of California Cities has taken a position of opposition to Senate Bill 79 (Wiener).
 Staff recommends City Council consider adopting by title a resolution of the City Council of the City of Hermosa Beach expressing opposition for Senate Bill 79 (Wiener).

Recommendation

CONSIDERATION OF A

RESOLUTION EXPRESSING

OPPOSITION FOR SENATE BILL
79 (WIENER)
City of Hermosa Beach
April 8, 2025 Page 695 of 702
City of Hermosa Beach | Page 1 of 1
Meeting Date: April 8, 2025
Staff Report No. 25-CMO-030
Honorable Mayor and Members of the Hermosa Beach City Council

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

The tentative future agenda provides a preliminary preview of topics planned for discussion at upcoming City Council meetings over a specified period, typically the next three months. The items listed in this document are "tentatively" scheduled, meaning they are subject to change and should not be considered final until the official agenda for each meeting is posted. This document is a work in progress and offers a glimpse into the City's priorities and planned discussions, allowing stakeholders to anticipate and prepare for potential topics of interest.

Key Features of a Tentative Future Agenda Document:

1. Tentative Schedule: Each agenda item is assigned a tentative date, indicating when it is expected to be discussed. These dates are provisional and may be adjusted based on various factors.

2. Work in Progress: The document is continuously updated as new items emerge, priorities shift, or additional information becomes available. This flexibility ensures City Council can address the most pressing issues in a timely manner.

3. Transparency and Communication: By publishing a tentative future agenda, the City aims to maintain transparency with residents, businesses, and other stakeholders. It helps the community stay informed about potential topics of discussion and provides an opportunity for public engagement and preparation.

4. Fluid Scheduling: The scheduling of agenda items is fluid until the official agenda for a specific City Council meeting is posted. Changes can occur due to various reasons, such as new developments, additional preparatory work required, or changes in workload or priority.

Attachment:

Tentative Future Agenda Items

April 3, 2025
Honorable Mayor and Members Regular Meeting of
of the Hermosa Beach City Council April 8, 2025

TENTATIVE FUTURE AGENDA ITEMS
TUESDAY, APRIL 22, 2025 @ 6:00 PM (EARTH DAY)

PRESENTATION WITH CONGRESSMAN TED LIEU
FY 2025–26 CAPITAL IMPROVEMENT PROGRAM STUDY SESSION
TUESDAY, APRIL 29, 2025 @ 6:00 PM

ELECTION OF MAYOR AND MAYOR PRO TEMPORE
MAY 13, 2025 @ 5:00 PM

INITIAL

DATE CLOSED SESSION
MAY 13, 2025 @ 6:00 PM

PRESENTATIONS

RECOGNIZING AMERICAN YOUTH SOCCER ORGANIZATION WESTERN STATE CHAMPIONS

RECOGNIZING MENTAL HEALTH AWARENESS MONTH

RECOGNIZING JEWISH AMERICAN HERITAGE MONTH

AND ASIAN AMERICAN & PACIFIC ISLANDER HERITAGE MONTH

CITY MANAGER REPORTS
Public Works Director Update
Police Chief Update

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

CONSENT CALENDAR
City Council Minutes City Clerk Ongoing
Revenue Report, Expenditure Report, and CIP Report by Project for February 2025
Administrative Services Director Ongoing
Check Registers Administrative Services Director Ongoing Los Angeles Fire and Ambulance Monthly Report for February and March 2025
Emergency Management
Coordinator
Monthly
Action minutes of the Parks, Recreation and Community Resources Advisory Commission Meeting of April 1, 2025
Community Resources Director Ongoing
Action minutes of the Planning Commission Meeting of April 15, 2025 Community Development Director Ongoing Hermosa Beach Landscaping and Street Lighting District 2024-2025 Adoption of Resolutions Regarding the Engineer’s Report and Setting June 10, 2025, for a Public Hearing
Public Works Director Annual
PUBLIC HEARINGS – 6:30 PM
Approval of Impact Level III New Special Event: LA Kings Smartwater and Coco-Cola Zero Hydration Zone
Community Resources Director Staff Request
Feb. 25, 2025

MUNICIPAL MATTERS
Award of Construction Contract for CIP 699 - Parking Lot C Structure Public Works Director Staff Request Mar. 4, 2025
Cost of Services Study and Fee Adjustments Administrative Services Director Staff Request Mar. 24, 2025
Revenue Study Administrative Services Director Staff Request Mar. 24, 2025
On-Sale Alcohol Review Process Community Development Director Staff Request Mar. 26, 2025
Purchase of Two Polaris Ranger XP 1000 Public Works Director Staff Request Mar. 26, 2025
FUTURE AGENDA ITEMS – CITY COUNCIL
Future Agenda Items City Manager Ongoing

2 MAY 27, 2025 @ 5:00 PM

INITIAL

DATE CLOSED SESSION
MAY 27, 2025 @ 6:00 PM

PRESENTATIONS

RECOGNIZING HERMOSA BEACH LEMONADE DAY PARTICIPANTS

RECOGNIZING HERMOSA BEACH SURFER MORGAN SLIFF

CITY MANAGER REPORTS
Police Chief Update

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

CONSENT CALENDAR
City Council Minutes City Clerk Ongoing
Check Registers Administrative Services Director Ongoing Cash Balance Report for March 2025 Administrative Services Director Ongoing Revenue Report, Expenditure Report, and CIP Report by Project for March 2025
Administrative Services Director Ongoing
City Treasurer’s Report for March 2025 City Treasurer Ongoing Action minutes of the Planning Commission Meeting of May 20, 2025 Community Development Director Ongoing Action minutes of the Public Works Commission Meeting of March 19, 2025 Public Works Director Ongoing

MUNICIPAL MATTERS
Capital Improvement Program Status Report Public Works Director Ongoing FUTURE AGENDA ITEMS – CITY COUNCIL
Future Agenda Items City Manager Ongoing
THURSDAY, MAY 29, 2025 @ 6:00 PM
FY 2025–26 BUDGET STUDY SESSION

3 JUNE 10, 2025 @ 5:00 PM

INITIAL

DATE CLOSED SESSION
JUNE 10, 2025 @ 6:00 PM

PRESENTATIONS
PROCLAMATION DECLARING JUNE 2025 AS PRIDE MONTH IN HERMOSA BEACH

CITY MANAGER REPORTS
Public Works Director Update
Police Chief Update

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

CONSENT CALENDAR
City Council Minutes City Clerk Ongoing
Check Registers Administrative Services Director Ongoing Los Angeles Fire and Ambulance Monthly Report for April 2025 Emergency Management Coordinator
Monthly
Action minutes of the Parks, Recreation and Community Resources Advisory Commission Meeting of May 6, 2025
Community Resources Director Ongoing
PUBLIC HEARINGS – 6:30 PM
Public Hearing on the Annual Levy of Sewer Charges on the Property Tax Roll
Public Works Director Annual
Public Hearing on the Hermosa Beach Landscaping and Street Lighting District Fiscal Year 2025–2026
Public Works Director Annual
Public Hearing to Review Delinquent Solid Waste Collection (Refuse) Charges for Consideration of Placing Said Charges on the Property Tax Rolls as a Special Assessment Affecting Only Those Properties with Refuse Bills Delinquent as of March 31, 2023
Environmental Program Manager Annual
FUTURE AGENDA ITEMS – CITY COUNCIL
Future Agenda Items City Manager Ongoing
JUNE 24, 2025 @ 5:00 PM

INITIAL

DATE CLOSED SESSION
JUNE 24, 2025 @ 6:00 PM

CITY MANAGER REPORTS
Police Chief Update

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

CONSENT CALENDAR
City Council Minutes City Clerk Ongoing
Check Registers Administrative Services Director Ongoing Cash Balance Report for April 2025 Administrative Services Director Ongoing Revenue Report, Expenditure Report, and CIP Report by Project for April 2025
Administrative Services Director Ongoing
City Treasurer’s Report for April 2025 City Treasurer Ongoing Action minutes of the Planning Commission Meeting of June 17, 2025 Community Development Director Ongoing FUTURE AGENDA ITEMS – CITY COUNCIL
Future Agenda Items City Manager Ongoing
NO MEETING JULY 8, 2025
(DARK)

4 PENDING NEW ITEMS

STATUS /

TENTATIVE MEETING DATE
(Updated 02/11/25)
Approval of the Municipal Lease Policy
Initiated by: Staff Request Jun. 12, 2018
Community Resources
Director
Awaiting professional building
assessment of the Kiwanis
Building, Rotary Building, and
Lawn Bowling Club to
determine the level of
maintenance, repairs, and
future upgrades that may be
needed and required by the
City.

Landscape and Street Lighting District Assessment Adjustment (mail-in election authorization)
Initiated by: Council Direction Jul. 9, 2019
Public Works Director Council approved $25,000 in
the FY 2023-2024 Budget to
study the District rates and to
consider creating a new
supplemental district. The
study will seek to address the
annual operating deficit, so that
no further subsidies from the
General Fund or other
discretionary funds would be
required. The study should
include District-related
recommendations from the
Parks Master Plan, thereby,
shifting completion of the study
to FY 2024-25. The study is
anticipated to take
approximately 4 to 6 months to
complete pending staff
availability. If council agrees to
then advance the adjustment, it
will need to go to a citywide
ballot in compliance with
Proposition 218. The earliest
ballot would be in November
2026.

Public Records Request Guidelines
Initiated by: Staff Request Oct. 14, 2019
City Clerk In process.

Emergency Services Municipal Code Chapter 2.56 Update Emergency Management
Coordinator
Waiting for State to review
proposed language changes
Return to Council to discuss a full ban on tobacco sales and to include all available data related to other communities who have adopted complete bans Initiated by: Council Direction Jan. 28, 2020
Community
Development Director
BCHD will connect with
Councilmembers over time to
determine timing to bring this
back.

Consideration of licensing agreement/fees for use of City logo Initiated by: Council Direction Jun. 9, 2020
City Attorney The City will develop a
licensing agreement for
commercial uses of the City
logo as part of a comprehensive
Administrative Memorandum
(AM) on City Branding and
Logo Use by City Staff. City
staff will begin drafting the
AM after finalizing the City’s
style guide and filing its “Intent
to Use” trademark application
for the City logo with the
USPTO. As part of developing
a Licensing Agreement for the
Commercial Use of the City
Logo, staff will establish a
process for reviewing and

5 handling these requests. This
process will likely include the
negotiation of royalties and as
well as the preparation of a
staff report to obtain Council
approval to enter into the
agreement. Only after the City
receives the issuance of a
Notice of Allowance from the
USPTO can it begin approving
applications for commercial
uses of the logo.

Parks, Recreation, and Community Resources Advisory Commission Volleyball Court Use Subcommittee was formed to review all aspects of the beach volleyball courts located in the residential area Initiated: 2021
Community Resources
Director
The project scope was
expanded in late 2022 to
include a review of all aspects
of beach volleyball courts in
the commercial zone, between
10th and 15th Street. This
includes, but is not limited to,
a review of court inventory and
placement, best practice
research of volleyball court use
policies in surrounding cities,
court use policy development,
review of maintenance
practices, and review of court
personalization. Staff formed a
stakeholder group to work
alongside the subcommittee
and staff. Staff will complete
the review of court inventory
and placement, best practice
research, and formed a draft
court use policy pending
review by the subcommittee
and stakeholder group in the
first half of 2025.

Ordinance to regulate nuisance Outdoor Lighting
Initiated by: Staff Request June 3, 2021
Community
Development Director
This will be folded into the
zoning code update for when
we address general
development standards.

PLAN Hermosa 5-year check-in on milestones
(Supported by Massey, Campbell, Armato, Jackson)
Initiated by: Council Direction October 26, 2021
Community
Development
Director/Environmental
Program Manager
The next update to City
Council will be in 2026
Consideration of Non-Profit Grant Program
Initiated by: Council Direction March 9, 2022
Deputy City Manager This item can be considered as
part of the City’s budget
development.

Consideration of rules that would govern operation of off-sale alcohol establishments in downtown and consideration of queuing for on-sale alcohol establishments. (supported by Massey, Saemann and Detoy) Initiated by: Council Direction June 13, 2023
Community
Development/Police
Chief/Deputy City
Manager
Ordinance to be established to
address items.

Citywide Engineering and Traffic Survey and review of provisions in California Assembly Bill 43 that are anticipated to become effective on or about June 30, 2024.

Initiated by: Unanimous Council Direction July 25, 2023 Public Works Director Pending staffing availability
and completion of other
previously requested future
agenda items.

Review of Los Angeles Metro C Line (Green) Extension to Torrance (supported by Jackson, Detoy and Francois)
Initiated by: Council Direction September 26, 2023
City Manager Metro will begin filed work
and investigations in the project
area to collect info needed to
respond to public comments.

This work will begin on 2/5.

Additionally, Metro is
preparing the Final EIR to be
released in second half of 2025.

Consideration of a Revocation Policy for Parking Permits Related to ShortTerm Rental Violations Initiated by: Council Direction April 9, 2024
Community
Development Director
City Attorney has opined that
the connection between
residential parking permits and
short-term vacation rentals is
strained, enforcement is tough
due to the way certain

6 properties are held via
corporate entities, and if a
property is used as a STVR and
gets caught, banning them from
getting a residential parking
permit in the future would
seemingly vitiate future legal
use as a long term rental.

Consideration of City to cover initial cost to establish Tourism Improvement District (TID) to be reimbursed by Chamber of Commerce (supported by Detoy, Francois, and Jackson)
Initiated by: Council Direction June 25, 2024
City Manager Staff will meet with Chamber
staff in early March to gain
clarity on the details of this
request—whether
loan/investment to be paid back
through TID proceeds if
successful on the ballot?
Request Public Works Commission to review fines and other consequences involved with illegal tree removal and return to Council as an action item for discussion and deliberation. (supported by Saemann, Francois, Detoy) Initiated by: Council Direction August 13, 2024
Public Works Director Pending staffing availability
and completion of other
previously requested future
agenda items.

Informational Item: Review process by which the Public Works Commission provides input and oversight of the CIP list. (supported by Detoy and Jackson)
Initiated by: Council Direction September 10, 2024
Public Works Director Pending staffing availability
and completion of other
previously requested future
agenda items.

Explore Best Practices for Undergrounding. (supported by: Detoy, Saemann, and Jackson)
Initiated by: Council Direction November 12, 2024
Public Works Director Pending staffing availability
and completion of other
previously requested future
agenda items. Staff will also
need to request funding in the
future budget cycle to support
bringing in appropriate
consulting expertise on this
item.

Position on Metro Green Line Extension. (supported by: Francois, Saemann, and Keegan)
Initiated by: Council Direction March 11, 2025
City Manager Metro is currently performing
additional C Line surveys along
the ROW for the revised
environmental impact report
(EIR) until approximately April
2025 and expecting the
finalized report to be released
in the second half of 2025.

Council directed on 3/25/25 to
wait for the revised EIR to be
released before considering a
position.

Informational Item on Builders Remedy. (supported by: Francois and Keegan)
Initiated by: Council Direction March 25, 2025
Community
Development Director
Request to Modify a Previously Approved Shared Parking Plan (Park 25-01) to Accommodate the 4 Consolidation of Four Retail Tenants at 1601 Pacific Coast Highway Located in the (SPA-8) Zone (pulled from PC Action Minutes by: Francois, Keegan and Saemann)
Initiated by: Council Direction March 25, 2025
Community
Development Director