Hermosa Beach City Council
September 9, 2025

HBTID Management District Plan 22
August 14, 2025

(6) A statement that the improvements, maintenance, and activities to be conferred on businesses and properties in the district will be funded by the levy of the assessments. The revenue from the levy of assessments within a district shall not be used to provide improvements, maintenance, or activities outside the district or for any purpose other than the purposes specified in the resolution of intention, as modified by the city council at the hearing concerning establishment of the district.

Notwithstanding the foregoing, improvements and activities that must be provided outside the district boundaries to create a special or specific benefit to the assessed parcels or businesses may be provided, but shall be limited to marketing or signage pointing to the district. (7) A finding that the property or businesses within the area of the property and business improvement district will be benefited by the improvements, maintenance, and activities funded by the proposed assessments, and, for a property-based district, that property within the district will receive a special benefit.
(8) In a property-based district, the total amount of all special benefits to be conferred on the properties within the property-based district.
(b) The adoption of the resolution of formation and, if required, recordation of the notice and map pursuant to Section 36627 shall constitute the levy of an assessment in each of the fiscal years referred to in the management district plan.
36627. Notice and assessment diagram

Following adoption of the resolution establishing district assessments on properties pursuant to Section 36625, the clerk shall record a notice and an assessment diagram pursuant to Section 3114. No other provision of Division 4.5 (commencing with Section 3100) applies to an assessment district created pursuant to this part. 36628. Establishment of separate benefit zones within district; Categories of businesses

The city council may establish one or more separate benefit zones within the district based upon the degree of benefit derived from the improvements or activities to be provided within the benefit zone and may impose a different assessment within each benefit zone. If the assessment is to be levied on businesses, the city council may also define categories of businesses based upon the degree of benefit that each will derive from the improvements or activities to be provided within the district and may impose a different assessment or rate of assessment on each category of business, or on each category of business within each zone. 36628.5. Assessments on businesses or property owners

The city council may levy assessments on businesses or on property owners, or a combination of the two, pursuant to this part. The city council shall structure the assessments in whatever manner it determines corresponds with the distribution of benefits from the proposed improvements, maintenance, and activities, provided that any propertybased assessment conforms with the requirements set forth in paragraph (2) of subdivision (k) of Section 36622. 36629. Provisions and procedures applicable to benefit zones and business categories

All provisions of this part applicable to the establishment, modification, or disestablishment of a property and business improvement district apply to the establishment, modification, or disestablishment of benefit zones or categories of business. The city council shall, to establish, modify, or disestablish a benefit zone or category of business, follow the procedure to establish, modify, or disestablish a property and business improvement district. 36630. Expiration of district; Creation of new district

If a property and business improvement district expires due to the time limit set pursuant to subdivision (h) of Section 36622, a new management district plan may be created and the district may be renewed pursuant to this part.

CHAPTER 3. Assessments
36631. Time and manner of collection of assessments; Delinquent payments

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The collection of the assessments levied pursuant to this part shall be made at the time and in the manner set forth by the city council in the resolution levying the assessment. Assessments levied on real property may be collected at the same time and in the same manner as for the ad valorem property tax, and may provide for the same lien priority and penalties for delinquent payment. All delinquent payments for assessments levied pursuant to this part may be charged interest and penalties.
36632. Assessments to be based on estimated benefit; Classification of real property and businesses; Exclusion of residential and agricultural property

(a) The assessments levied on real property pursuant to this part shall be levied on the basis of the estimated benefit to the real property within the property and business improvement district. The city council may classify properties for purposes of determining the benefit to property of the improvements and activities provided pursuant to this part.
(b) Assessments levied on businesses pursuant to this part shall be levied on the basis of the estimated benefit to the businesses within the property and business improvement district. The city council may classify businesses for purposes of determining the benefit to the businesses of the improvements and activities provided pursuant to this part.
(c) Properties zoned solely for residential use, or that are zoned for agricultural use, are conclusively presumed not to benefit from the improvements and service funded through these assessments, and shall not be subject to any assessment pursuant to this part. 36633. Time for contesting validity of assessment

The validity of an assessment levied under this part shall not be contested in an action or proceeding unless the action or proceeding is commenced within 30 days after the resolution levying the assessment is adopted pursuant to Section 36625. An appeal from a final judgment in an action or proceeding shall be perfected within 30 days after the entry of judgment.
36634. Service contracts authorized to establish levels of city services

The city council may execute baseline service contracts that would establish levels of city services that would continue after a property and business improvement district has been formed. 36635. Request to modify management district plan

The owners’ association may, at any time, request that the city council modify the management district plan. Any modification of the management district plan shall be made pursuant to this chapter. 36636. Modification of plan by resolution after public hearing; Adoption of resolution of intention

(a) Upon the written request of the owners’ association, the city council may modify the management district plan after conducting one public hearing on the proposed modifications. The city council may modify the improvements and activities to be funded with the revenue derived from the levy of the assessments by adopting a resolution determining to make the modifications after holding a public hearing on the proposed modifications. If the modification includes the levy of a new or increased assessment, the city council shall comply with Section 36623. Notice of all other public hearings pursuant to this section shall comply with both of the following:
(1) The resolution of intention shall be published in a newspaper of general circulation in the city once at least seven days before the public hearing.
(2) A complete copy of the resolution of intention shall be mailed by first class mail, at least 10 days before the public hearing, to each business owner or property owner affected by the proposed modification.
(b) The city council shall adopt a resolution of intention which states the proposed modification prior to the public hearing required by this section. The public hearing shall be held not more than 90 days after the adoption of the resolution of intention.
36637. Reflection of modification in notices recorded and maps

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Any subsequent modification of the resolution shall be reflected in subsequent notices and maps recorded pursuant to Division 4.5 (commencing with Section 3100), in a manner consistent with the provisions of Section 36627. 36638. Assessment as government imposed fee on Civ C § 1770 transaction [Operative July 1, 2024]

(a) A business assessment pursuant to this part is a fee imposed by a government on the transaction for purposes of paragraph (29) of subdivision (a) of Section 1770 of the Civil Code. (b) This section shall become operative on July 1, 2024.

CHAPTER 3.5. Financing
36640. Bonds authorized; Procedure; Restriction on reduction or termination of assessments

(a) The city council may, by resolution, determine and declare that bonds shall be issued to finance the estimated cost of some or all of the proposed improvements described in the resolution of formation adopted pursuant to Section 36625, if the resolution of formation adopted pursuant to that section provides for the issuance of bonds, under the Improvement Bond Act of 1915 (Division 10 (commencing with Section 8500)) or in conjunction with Marks-Roos Local Bond Pooling Act of 1985 (Article 4 (commencing with Section 6584) of Chapter 5 of Division 7 of Title 1 of the Government Code). Either act, as the case may be, shall govern the proceedings relating to the issuance of bonds, although proceedings under the Bond Act of 1915 may be modified by the city council as necessary to accommodate assessments levied upon business pursuant to this part. (b) The resolution adopted pursuant to subdivision (a) shall generally describe the proposed improvements specified in the resolution of formation adopted pursuant to Section 36625, set forth the estimated cost of those improvements, specify the number of annual installments and the fiscal years during which they are to be collected. The amount of debt service to retire the bonds shall not exceed the amount of revenue estimated to be raised from assessments over 30 years.
(c) Notwithstanding any other provision of this part, assessments levied to pay the principal and interest on any bond issued pursuant to this section shall not be reduced or terminated if doing so would interfere with the timely retirement of the debt.

CHAPTER 4. Governance
36650. Report by owners’ association; Approval or modification by city council

(a) The owners’ association shall cause to be prepared a report for each fiscal year, except the first year, for which assessments are to be levied and collected to pay the costs of the improvements, maintenance, and activities described in the report. The owners’ association’s first report shall be due after the first year of operation of the district. The report may propose changes, including, but not limited to, the boundaries of the property and business improvement district or any benefit zones within the district, the basis and method of levying the assessments, and any changes in the classification of property, including any categories of business, if a classification is used.
(b) The report shall be filed with the clerk and shall refer to the property and business improvement district by name, specify the fiscal year to which the report applies, and, with respect to that fiscal year, shall contain all of the following information:
(1) Any proposed changes in the boundaries of the property and business improvement district or in any benefit zones or classification of property or businesses within the district. (2) The improvements, maintenance, and activities to be provided for that fiscal year. (3) An estimate of the cost of providing the improvements, maintenance, and activities for that fiscal year.
(4) The method and basis of levying the assessment in sufficient detail to allow each real property or business owner, as appropriate, to estimate the amount of the assessment to be levied against his or her property or business for that fiscal year.
(5) The estimated amount of any surplus or deficit revenues to be carried over from a previous fiscal year.

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(6) The estimated amount of any contributions to be made from sources other than assessments levied pursuant to this part.
(c) The city council may approve the report as filed by the owners’ association or may modify any particular contained in the report and approve it as modified. Any modification shall be made pursuant to Sections 36635 and 36636.

The city council shall not approve a change in the basis and method of levying assessments that would impair an authorized or executed contract to be paid from the revenues derived from the levy of assessments, including any commitment to pay principal and interest on any bonds issued on behalf of the district.
36651. Designation of owners’ association to provide improvements, maintenance, and activities

The management district plan may, but is not required to, state that an owners’ association will provide the improvements, maintenance, and activities described in the management district plan. If the management district plan designates an owners’ association, the city shall contract with the designated nonprofit corporation to provide services.

CHAPTER 5. Renewal
36660. Renewal of district; Transfer or refund of remaining revenues; District term limit

(a) Any district previously established whose term has expired, or will expire, may be renewed by following the procedures for establishment as provided in this chapter. (b) Upon renewal, any remaining revenues derived from the levy of assessments, or any revenues derived from the sale of assets acquired with the revenues, shall be transferred to the renewed district. If the renewed district includes additional parcels or businesses not included in the prior district, the remaining revenues shall be spent to benefit only the parcels or businesses in the prior district. If the renewed district does not include parcels or businesses included in the prior district, the remaining revenues attributable to these parcels shall be refunded to the owners of these parcels or businesses. (c) Upon renewal, a district shall have a term not to exceed 10 years, or, if the district is authorized to issue bonds, until the maximum maturity of those bonds. There is no requirement that the boundaries, assessments, improvements, or activities of a renewed district be the same as the original or prior district.

CHAPTER 6. Disestablishment
36670. Circumstances permitting disestablishment of district; Procedure

(a) Any district established or extended pursuant to the provisions of this part, where there is no indebtedness, outstanding and unpaid, incurred to accomplish any of the purposes of the district, may be disestablished by resolution by the city council in either of the following circumstances:
(1) If the city council finds there has been misappropriation of funds, malfeasance, or a violation of law in connection with the management of the district, it shall notice a hearing on disestablishment.
(2) During the operation of the district, there shall be a 30-day period each year in which assessees may request disestablishment of the district. The first such period shall begin one year after the date of establishment of the district and shall continue for 30 days. The next such 30-day period shall begin two years after the date of the establishment of the district. Each successive year of operation of the district shall have such a 30-day period. Upon the written petition of the owners or authorized representatives of real property or the owners or authorized representatives of businesses in the district who pay 50 percent or more of the assessments levied, the city council shall pass a resolution of intention to disestablish the district. The city council shall notice a hearing on disestablishment.
(b) The city council shall adopt a resolution of intention to disestablish the district prior to the public hearing required by this section. The resolution shall state the reason for the disestablishment, shall state the time and place of the public hearing, and shall contain a proposal to dispose of any assets acquired with the revenues of the assessments levied within the property and business improvement district. The notice of the hearing on disestablishment required by this section shall be given by mail to the property owner of

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each parcel or to the owner of each business subject to assessment in the district, as appropriate. The city shall conduct the public hearing not less than 30 days after mailing the notice to the property or business owners. The public hearing shall be held not more than 60 days after the adoption of the resolution of intention.
36671. Refund of remaining revenues upon disestablishment or expiration without renewal of district; Calculation of refund; Use of outstanding revenue collected after disestablishment of district

(a) Upon the disestablishment or expiration without renewal of a district, any remaining revenues, after all outstanding debts are paid, derived from the levy of assessments, or derived from the sale of assets acquired with the revenues, or from bond reserve or construction funds, shall be refunded to the owners of the property or businesses then located and operating within the district in which assessments were levied by applying the same method and basis that was used to calculate the assessments levied in the fiscal year in which the district is disestablished or expires. All outstanding assessment revenue collected after disestablishment shall be spent on improvements and activities specified in the management district plan. (b) If the disestablishment occurs before an assessment is levied for the fiscal year, the method and basis that was used to calculate the assessments levied in the immediate prior fiscal year shall be used to calculate the amount of any refund.

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APPENDIX 2 – ASSESSED BUSINESSES*

BUSINESS NAME SITE ADDRESS
Holiday Inn Express Hotel & Suites 125 Pacific Coast Hwy Hotel Hermosa (Pacifica Hotels) 2515 Pacific Cast Hwy
Sea Sprite Hotel 1016 The Strand
SW Beach Hotel 66 11th St
Hampton Suites 1539 Pacific Coast Hwy
Quality Inn & Suites 901 Aviation Blvd
Grandview Inn 55 14th St
Beach House Hotel 1300 The Strand
H20 Hotel 1429 Hermosa Ave
*Jurisdiction list as of June 16, 2025

65270.00001\44121224.1

NOTICE OF PUBLIC MEETING AND PUBLIC HEARING CONCERNING THE

ESTABLISHMENT OF THE HERMOSA BEACH TOURISM IMPROVEMENT DISTRICT (HBTID) AND LEVY OF AN ASSESSMENT ON CERTAIN LODGING BUSINESSES

WITHIN THE HBTID
NOTICE IS HEREBY GIVEN that on September 9, 2025, the City Council (Council) of the City of Hermosa Beach (City) adopted a Resolution of Intention to establish the HBTID and to levy an assessment on certain lodging businesses within the HBTID as set forth in the Resolution of Intention.

NOTICE IS HEREBY FURTHER GIVEN that at 6:00 PM on September 30, 2025, at the City Council Chambers, 1315 Valley Drive, Hermosa Beach, CA 90254, a public meeting shall be held pursuant to Government Code section 54954.6 to allow public testimony regarding the establishment of the HBTID and the levy of assessments on certain lodging businesses therein as set forth in the Resolution of Intention and pursuant to Government Code section 54954.6.

NOTICE IS HEREBY FURTHER GIVEN that 6:00 PM on October 28, 2025, at the City Council Chambers, 1315 Valley Drive, Hermosa Beach, CA 90254, has been set as the time and place for a public hearing at which time the Council proposes to establish the HBTID and to levy the proposed assessment as set forth in the Resolution of Intention.

Location: The HBTID includes all lodging businesses with eight (8) rooms or more, existing and in the future, available for public occupancy located within the boundaries of the City.

Services: The HBTID is designed to provide specific benefits directly to payors by increasing awareness and demand for room night sales. The Activities, including Sales and Marketing programs, and Improvements, including Destination Development programs, will increase demand for overnight tourism and market payors as tourist, meeting and event destinations, thereby increasing demand for room night sales.

Budget: The total HBTID annual assessment budget for the initial year of its five (5) year operation is anticipated to be approximately $727,517. A similar budget is expected to apply to subsequent years, but this budget is expected to fluctuate as room sales do and as businesses open and close.

Cost: The annual assessment rate is two percent (2%) of gross short-term sleeping room rental revenue. Based on the benefit received, assessments will not be collected on: stays of more than thirty (30) consecutive days; stays by any person as to whom, or any occupancy as to which, it is beyond the power of the City to impose the assessment herein provided; stays by any federal or state of California officer or employee when on official business; and stays by any officer or employee of a foreign government who is exempt by reason of express provision of federal law or international treaty; and stays pursuant to contracts executed prior to November 1, 2025.

Collection: The City will be responsible for collecting the assessment on a quarterly basis (including any delinquencies, interest and overdue charges) from each assessed lodging business.

65270.00001\44121224.1
The City shall take all reasonable efforts to collect the assessments from each assessed lodging business.

Duration: The proposed HBTID will have a five (5) year life, beginning November 1, 2025, or as soon as possible thereafter, and ending five (5) years from its start date. After five (5) years, the HBTID may be renewed for up to ten (10) years pursuant to the Property and Business Improvement District Law of 1994, if assessed business owners support continuing the HBTID programs.

Management:The Hermosa Beach Chamber of Commerce and Visitor Bureau (HBCCVB) shall serve as the HBTID’s Owners’ Association. The Owners’ Association must provide annual reports to the City Council. The Tourism Committee of the HBCCVB Board will implement and oversee HBTID programs. The Tourism Committee will be responsible for determining the management of HBTID funds and expenditures, and shall possess the authority to manage HBTID assessment funds and full decision-making authority regarding HBTID programs.

Protest: Any owner of a lodging business within the proposed HBTID that will be subject to the assessment may protest the establishment of the HBTID. If written protests are received from the owners of lodging businesses in the proposed HBTID who represent fifty percent (50%) or more of the estimated annual assessments to be levied, the HBTID shall not be established, and the assessment shall not be imposed.

You may mail a written protest to:

Office of the City Clerk
City of Hermosa Beach
1315 Valley Drive, 2nd Floor
Hermosa Beach, CA 90254
You may also appear at the public meeting or hearing and submit a written protest at that time.

Information: Should you desire additional information about this proposed HBTID or assessment contact:

Hermosa Beach Chamber of Commerce and Visitor Bureau
Michelle Crispin, President/CEO
120 Pier Avenue
Hermosa Beach, CA 90254
(310) 427-5010

City of Hermosa Beach
Civic Center, 1315 Valley Drive, Hermosa Beach, CA 90254IIn-3885 Supplemental Item
For Agenda Item 17a
City Council meeting of September 9, 2025
Transient Occupancy Tax Rates for Surrounding Agencies:

El Segundo - 12%
Hawthorne - 12%
Hermosa Beach - 14%
Inglewood - 15.5%
Los Angeles – 14%
Manhattan Beach - 14%
Rancho Palos Verdes - 10%
Redondo Beach 12% + 1% - Travel and Tourism Marketing District fee Torrance - 11%

Hermosa Beach
Tourism Improvement District
Formation

What is a Tourism Improvement District?
TIDs are a stable source of funding for
marketing efforts designed to increase
occupancy and room rates for lodging
businesses.

Funds raised through a small assessment
on lodging stays are used to provide
services desired by and directly
benefiting the businesses in the district.
• 220 TIDs nationwide
across 25 states
• Collectively raise
$300M+ for tourism
promotion
• TID services must
benefit the payor

Tourism Improvement Districts
o Level playing field —no free riders
o Transparency
o Reliability
Collected by the
government
And managed
by non -profit
Hotel pay s an
assessment

Background
Date Action
May 2025 Hermosa Beach Chamber of
Commerce created Steering
Committee
May – June 2025 Crafted TID parameters
Outreach & Consensus Building
June – July 2025 Management District Plan
August 2025 Petition Drive

TID Parameters
• Includes 9 hotels
• Assessment of 2% of gross short -
term room rental revenue
• City may collect along with TOT –
approx. $7K collection fee
• Managed by Hermosa Chamber

TID Services
• Advertising & Promotion : digital, print,
broadcast, and social media campaigns
• Sales & Partnerships : trade shows,
sales missions, collaborations with
tourism groups
• Visitor Materials : guides, maps,
collateral, and signature promotions
• Destination Development :
beautification, lighting, and visitor
experience enhancements
• Accountability & ROI : marketing plans,
lead generation, and measurable
outcome

Next Steps
Date Action
September 9, 2025 Resolution of Intention
By September 12, 2025 Notice of Public Meeting & Hearing September 30, 2025 Public Meeting
October 28, 2025 Public Hearing & Resolution of Formation

TID Q & A
Q: Can the Chamber provide their Form 990s for the last 5 years, including noting any that are not finalized? Can the City access them via the IRS? A: The 2023 return is currently being amended due to errors made by our former accounting firm. The 2024 filing is being worked on by our new CPA. All finalized 990s are publicly accessible via the IRS website, Guidestar, or upon request from the Chamber.

Q: Can we review the Chamber’s 2025 financials to assess their ability to manage TID funds?
A: While we’re happy to provide a financial overview and governance statement, raw financials like internal balance sheets or P&Ls reflect day-to-day Chamber operations and are not representative of how TID funds would be managed. TID funds will be segregated, governed by the Tourism Committee under the Chamber board, and used only for purposes outlined in the TID District Plan. The Chamber will not have unilateral spending authority over these funds.

Our Vice Chair of Finance, Lenny LaRocca, is prepared to provide a financial overview of the Chamber’s current financials. All TID expenditures will be public via the annual report and subject to Brown Act and Public Records Request.

Hotel Information and Support
Q: What is the expected revenue from each of the nine hotels? A: Revenue projections are based on publicly available TOT data. We cannot provide a general estimate per hotel, however the City has access to historical, individual TOT data, which would be a direct reflection of individual assessment contributions. Specific revenue contributions are subject to change based on seasonality and occupancy fluctuations. The total annual assessment budget for the initial year of the five year TID is anticipated to be approximately $727,517.
1

Q: Has the Chamber identified hotel owners and their reps? A: Yes. All nine properties have been contacted multiple times, and most have designated a point of contact for TID discussions. This information can be shared directly with the City and/or publicly if permitted by the participating hotels.

Q: Why haven’t hotel owners signed a public statement or petition of support? A: We continue to engage in outreach and education and collecting signed petitions.

Petition signatures are legally required and must meet a threshold (representing over 50% of assessments) for the process to advance and continue with the public hearing process. We’ve received 4 signed petitions and continue to have one-on-one meetings to obtain more.

Q: Can the hotel ownership list be made public before the City Council meeting? A: Yes, pending hotel permission.

Purpose and Scope of the TID
Q: Why is more funding needed for tourism, and is this just subsidizing existing Chamber programs like the magazine?
A: The TID provides dedicated, sustainable funding to market Hermosa Beach as a destination - something that benefits the entire destination, not just Chamber members. The Chamber’s current efforts are limited by its budget. The TID ensures larger-scale, year-round campaigns and new initiatives - not just existing ones - are possible. Legally, TID funds cannot be used to subsidize general Chamber operations, and all spending must align with the District Plan and be approved by the Tourism Committee, comprised of assessed hotels. Assessment funds must provide a specific benefit to payors, the hotels. The specific benefit is generating room nights for assessed hotels.

Q: Why focus on summer, when hotels are already full?
A: Actually, the focus will be on off seasons and weekdays, when occupancy drops. Summer efforts may include visitor experience or destination branding, but marketing will target slow periods to create year-round economic benefit.

Q: Why aren’t the ITH Hostel and Vurpillat Hotel included? A: The ITH Hostel has a unique business model and ownership structure, and the Vurpillat Hotel is currently inactive. The TID proposal includes only currently operating, lodging businesses with 8 rooms or more. Any new hotels that open in the future that meet the TID’s definition of a lodging business will be subject to the assessment. 2

Q: Should short-term rentals be included?
A: They are not currently included because STRs are not fully legal or regulated in Hermosa Beach. Once the City formalizes STR policies and licensing, the TID can be amended to include them.

Assessment and Opt-Out Options
Q: Can hotels opt out of the assessment?
A: No. If the TID is formed by City Council, all qualifying properties within the district are required to participate. This avoids free riders and ensures fairness and a level playing field.

Q: How will the assessment affect potential new hotels? A: Any newly constructed or licensed hotels within the district boundary that meets the TID’s definition of a lodging business, would be assessed once they begin operations, ensuring all lodging businesses benefit and contribute equitably.

Proposal Flexibility and Accountability
Q: Can the City Council revise the proposal? (e.g., raise the approval threshold, revise the governing committee, reduce the term, etc.)
A: The City may modify or reduce TID parameters upon the public hearing. Any increases to the TID parameters (e.g, increasing the assessment or adding services) would restart the process, including re-securing support and re-submitting materials.

Specific to your examples:
● Raising the petition threshold to 80% would go beyond state law requirements and could make formation unfeasible.
● Revising the governance structure is possible. The proposal already allows for hoteliers to serve on the board and Tourism Committee. The City could request more formal representation.
● Requiring more reporting is absolutely feasible, however the TID is already required to produce an annual report.
● Reducing the term to 1–2 years would undermine long-term planning but could be discussed prior to TID formation.
● Adding STRs would require restarting the formation process or modifying the district after STRs are legalized and licensed.
3

Q: If changes are made, does the process have to restart? A: Yes. Any additions or increases to the plan after petitions are signed requires new signatures, a revised plan, and restarting the formal process—which is why changes must be finalized before petition collection begins. Reductions and modifications can be made upon the final public hearing.

Competitive Impact
Q: Will a 2% fee make our hotels less competitive with neighboring cities? A: Very unlikely. Most surrounding cities - including Manhattan Beach, Redondo Beach, and Santa Monica - already have Improvement Districts, TOTs or TIDs that result in higher guest costs. Hermosa will remain competitively priced. Guests do not typically base lodging decisions on minor tax differences.

Q: Can the City provide a comparison of hotel assessments and taxes in neighboring cities?
A: Yes. Civitas has already compiled this data and given it to the City for easy comparison. Most cities in the region already have higher TOTs and/or active TIDs in place.

Accountability and Financial Stability
Q: How can we trust the Chamber to be accountable for TID funds? A: TID funds will be:
● Held in a restricted, separate account
● Controlled by the Tourism Committee, with hotel representation ● Mandatory annual reporting to the City
● Administered under a contract, with defined responsibilities and expectations, which may include auditing
● Subject to Brown Act and Public Records Request
Chamber operations and TID administration are two separate functions. The Chamber’s role in producing events and supporting local businesses is distinct from its responsibility to administer the TID, which is governed by a structured framework with third-party oversight, legal accountability, and clearly defined financial controls.

For more information on TIDs, visit the Civitas website:
https://civitasadvisors.com/the-tourism-improvement-district-revolution/ 4

“The 2024 impact numbers underscore the importance of Colorado’s tourism industry as a vital economic engine, fueling communities across the state and supporting over 188,000 jobs. A thriving tourism industry translates to strong local economies across Colorado,” said Eve Lieberman, Executive Director of OEDIT.

To promote Colorado’s strong tourism economy, the CTO utilizes the landmark Destination Stewardship Strategic Plan (/press-release/colorado-tourism-office-unveils-landmark-destination-stewardship-strategic-plan-to) and Do Colorado Right messaging to balance quality of life for residents with the visitor experience while safeguarding the state's natural resources, cultural heritage and vibrant communities. Leading travel and market research company SMARI found that Colorado’s 2024 winter marketing campaign earned the highest return on investment ever for a winter campaign when compared to all destinations they evaluate across the United States.

At the same time, competition for travelers and the associated traveler spending is increasing across the U.S. While travel-related spending increased 0.3% in Colorado in 2024, the same metric increased 4.2% nationally. Colorado’s market share has also decreased in recent years, dropping from a high of 2.3% in 2019 to 1.8% in 2024. And visitors who stayed overnight in a hotel, motel, or short-term vacation rental spent a combined $17.6 billion in 2024, a decrease of 0.4% compared to 2023. Additionally, federal policy changes in 2025 have created uncertainty related to the tourism industry .

So far, 2025 numbers indicate that the increasing competition and uncertainty are impacting the tourism industry. Year to date through June 2025, hotel occupancy has declined 2%, while total hotel revenues have decreased 2.7%. Short-term rental occupancy also decreased nearly 10% during the first quarter of the year. "Colorado's 2024 tourism numbers demonstrate the strength of our industry and its importance to our economy," said Timothy Wolfe, CTO Director. "However, we recognize that increased competition and uncertainty are impacting communities across our state in varied ways. We are committed to bringing forward innovative ways to mitigate these changes while continuing to inspire the world to explore Colorado responsibly and respectfully.” Other notable results from the Longwoods International and Dean Runyan Associates studies included:

Every $1 million in traveler spending led to the creation of seven jobs for the industry.

For 2024 overnight visitors, the average length of stay was 3.4 nights.

The top activities and experiences for overnight visitors were outdoor and entertainment activities, followed by cultural and sporting activities.
23% of travel parties had a member that required accessibility services, notably above the U.S. norm of 18%.

Direct travel-generated earnings grew from $9.7 billion in 2023 to $10.4 billion in 2024, an increase of 7.2%.

Earnings from Accommodation & Food Services grew from $4.4 billion to $4.6 billion, an increase of 4.4%.

Travelers spent approximately $13.9 billion in the Denver region alone in 2024, making up 48.8% of the statewide total.
20% of visitors used electric vehicles to get to the state, double the U.S. average of 10%.

To view the full reports for Colorado Travel Impacts 2024 (Dean Runyan Associates) and Colorado Travel Year Report 2024 (Longwoods International), visit the Colorado Tourism Office Research webpage (/tourism-research).

Related Tags:
• Tourism and Hospitality (/category/tourism-and-hospitality) • Colorado Tourism Office (/category/colorado-tourismoffice) 9/9/25, 1:52 PM Tourism Industry Contributes $28.5 Billion to Colorado Economy and Supports Over 188,000 Jobs | Colorado Office of Economic De… https://oedit.colorado.gov/press-release/tourism-industry-contributes-285-billion-to-colorado-economy-and-supports-over-188000 2/5

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DRAFT
Fort Collins Music Tourism Strategy
Detailed Rationale Report
Executive Summary
Visit Fort Collins (VFC) was selected to participate in the Colorado Tourism Office’s Destination Development Mentor Program for Winter–Spring 2025. This initiative, facilitated by Colorado-based Mission2Market, aimed to enhance music tourism in Fort Collins while engaging 18 music and tourism stakeholders throughout the process.

Why Now?
Fort Collins needs a unified strategy to develop music tourism and support the growth of its local music scene. For decades, the city’s efforts have focused inward—nurturing local talent and cultivating a supportive music ecosystem. These thoughtful, patient investments have built a strong foundation, positioning Fort Collins to now share its vibrant music culture with the world.

Fort Collins is ready to raise its profile as a dynamic music hub by uniting tourism, economic growth, and cultural identity in a strategic way.

From a Statewide Level:

Colorado’s music industry is at a pivotal moment with an opportunity to rebuild post-pandemic and maximize its global music tourism potential. ● In 2018, the industry generated $1.4 billion in revenue and supported 16,000 jobs ● In 2019, Denver, Boulder, Fort Collins, and Steamboat Springs ranked among the top U.S. "Music Havens"
● Global music tourism spending is projected to double by 2032, making now the time to act
Strategic Goals & Priorities

The Fort Collins Music Tourism Strategy is built around three interconnected goals that reflect the city’s readiness to elevate its music scene as a core driver of cultural vibrancy and economic development. These goals were shaped through extensive stakeholder engagement and are grounded in data, local momentum, and statewide opportunity.

Goal 1: Brand Fort Collins as a Music Destination
Objective: Position Fort Collins as a distinctive and welcoming music city through a unified brand identity, targeted marketing, and music export strategies.

Strategic Priorities:
● Define and align on the Fort Collins music brand with local stakeholders. ● Analyze tourism data to identify and target priority music tourism markets. ● Leverage existing platforms and grants (e.g., CTO Marketing Matching Grant) to promote the city’s music scene.
● Partner with CSU and other institutions to amplify music messaging across audiences. ● Prototype export strategies to position local artists as ambassadors and build national visibility.

Goal 2: Enhance the Fort Collins Music Scene
Objective: Improve the accessibility, quality, and visibility of the music scene for residents and visitors alike—supporting artists, venues, and music-forward businesses.

Strategic Priorities:
● Develop content (e.g., guides, microsites) that connects people to Fort Collins music experiences.
● Increase awareness and use of the Visit Fort Collins events calendar. ● Engage residents and tourism stakeholders through programs like the CTO Blueprint to shape a community-driven music tourism plan.
● Survey and incentivize businesses—especially outside downtown—to host more live music.
● Evaluate and Elevate FoCoMX as Fort Collins’ Signature Music Festival, aligning with the 2020 Fort Collins Destination Master Plan.
● Measure the music economy’s impact through a recurring economic study. ● Invest in key infrastructure (sound systems, equipment sharing, venue improvements). ● Strengthen connections with the Denver music scene to expand opportunities and audience crossover.
● Expand transportation options to improve access to shows and late-night events.

Goal 3: Strengthen the Daytime and Nighttime Economy
Objective: Activate a thriving 24-hour music economy that supports local jobs, boosts spending, and reflects the culture Fort Collins wants to grow.

Strategic Priorities:
● Launch a branded nightlife microsite to help visitors and locals navigate after-dark experiences.
● Establish a framework for a Nighttime Economy Office or "Night Mayor" to lead coordination and planning.
● Identify and address barriers for venues, artists, and attendees—ranging from licensing costs to access to transportation.
● Use data to validate demand and inform decision-making around infrastructure, safety, and community needs.

Next Steps
● Establish leadership to oversee implementation
● Launch key initiatives
● Secure funding through public-private partnerships and grants Table of Contents
Introduction 5
Overview 6
Background 6
Why Now? 6
Strategy Overview 8
Process of Creating the Strategic Plan 8
Fort Collins Music Tourism Strategy 9
GOAL #1: Brand Fort Collins as a Music Destination 9
GOAL #2: Develop and Enhance the Fort Collins Music Scene 12 GOAL #3: Strengthen the nighttime and Daytime Economy 15 APPENDIX 19
Survey Findings 19
RESOURCES 19

Colorado Music Survey Results 19
Music Strategy and Opportunity Research 20
Visit Fort Collins Brand Architecture 20
Fort Collins’ Participating Music Stakeholders 20
Music Tourism Glossary 21
Introduction
Overview
Fort Collins is poised to elevate its profile as a vibrant music destination by strategically aligning tourism, economic development, and cultural identity.

Visit Fort Collins, with support from a Destination Development Mentor Program (for Winter–Spring 2025) from the Colorado Tourism Office (CTO), is leading an initiative to enhance music tourism in Fort Collins. Over 4 months, Mission2Market, a Colorado-based destination consulting firm, facilitated the process, gathering insights from local music and tourism stakeholders. The result is a strategic action plan designed to position Fort Collins as a premier music destination, foster industry collaboration, and strengthen the city’s music economy.

The initiative brought together music and tourism industry stakeholders across the destination, organizing an online meeting, in-person workshop, survey, and stakeholder interviews to provide input. A key outcome of this effort has been bringing organization to the stakeholders’ priorities, which will continue to drive collaboration beyond the plan’s launch.

The Music Tourism Strategy outlines a phased approach to brand Fort Collins as a leading music town, enhance the visitor and resident music experience, and strengthen the city's daytime and nighttime economies. The first priority focuses on branding Fort Collins as a music destination, beginning with stakeholder-driven brand definition, market analysis, and promotional efforts that align with state grant opportunities. The supporting priorities build regional relationships, launch music export pilots, and address infrastructure gaps. The strategy aims to position Fort Collins on national tour routes and develop a sustainable music tourism ecosystem. This plan lays the groundwork for collaboration between local leaders, artists, businesses, and institutions—driving forward music as a powerful driver of culture and community in Fort Collins.

Background
Fort Collins, Colorado, has cultivated a rich and eclectic music scene rooted in its classical beginnings and shaped by decades of creative evolution. Long before these modern influences, Indigenous peoples such as the Arapaho, Cheyenne, and Ute expressed their rich musical traditions on these lands. From the founding of the Fort Collins Symphony in the early-20th century to the rise of punk rock through The Blasting Room in the 1990s, music has long been woven into the city’s modern cultural fabric. Today, the city supports a thriving community of musicians through organizations like Fort Collins Musicians Association (FoCoMA) and events such as the Fort Collins Music eXperiment (FoCoMX).

A significant contributor to this vibrant scene is the Bohemian Foundation, established by philanthropist Pat Stryker in 2001. The foundation supports various music initiatives, including the Music District—a five-building campus offering programs and creative spaces designed to educate and empower musicians at every career stage . Additionally, the foundation backs venues like Washington’s and The Armory, which host local, regional, and national acts, enriching the downtown Fort Collins music experience.

Complementing these efforts, the city's new Visitor Center has embraced live music, providing a welcoming space for performances and enhancing the cultural experience for tourists and residents alike. Additionally, Fort Collins has invested further in music marketing through a $75,000 Colorado Tourism Office state marketing matching grant and Visit Fort Collins’ new focus on promoting the city’s vibrant music scene.

Just outside the city, the Mishawaka Amphitheatre offers a unique outdoor concert experience along the Poudre River, further solidifying Fort Collins' reputation as a dynamic music destination. Across Northern Colorado, venues like the Rialto Theater in Loveland, the Moxi Theater in Greeley, and outdoor concerts in Estes Park contribute to a vibrant regional music scene that celebrates creativity, diversity, and live performance.

Fort Collins’ affordability relative to other Colorado cities such as Denver and Boulder, combined with its outstanding quality of life, makes it an attractive destination for musicians, creative entrepreneurs, and visitors. Access to outdoor recreation, a welcoming community, and a growing cultural scene strengthen Fort Collins’ competitive position as a music city where artists can live, work, and thrive sustainably.

Despite a thriving local music scene, Fort Collins lacks a unified strategy to promote music tourism. For decades, the city’s efforts have focused inward—nurturing local talent and cultivating a supportive music ecosystem. These thoughtful, patient investments have built a strong foundation, positioning Fort Collins to now share its vibrant music culture with the world.

The time is right to shift outward. By aligning civic leaders, non-profits, economic development, and tourism stakeholders, Fort Collins can develop a strategic initiative to grow music tourism.

Without such a coordinated effort, the city risks missing a valuable opportunity to showcase its cultural assets and capture the economic benefits that a strong music tourism program can deliver.

Why Now?
Fort Collins is at a pivotal moment to elevate its music scene as a cornerstone of the city’s cultural and economic future. With strong community investment, support from Colorado State University, new initiatives from Visit Fort Collins, and a deeply engaged local audience, the city is poised to capitalize on its musical strengths. Fort Collins offers an affordable, welcoming environment compared to other parts of Colorado, attracting musicians, students, and entrepreneurs who are passionate about building a vibrant cultural life. The community’s commitment to live music signals that Fort Collins is ready to lead in the next chapter of music tourism and development.

Statewide momentum adds to this opportunity. Before the pandemic, former Governor John Hickenlooper noted that Denver hosted more live music than Austin, the self-proclaimed "Live Music Capital of the World." A 2018 study commissioned by Colorado Creative Industries found Colorado’s music industry responsible for more than 16,000 jobs and $1.4 billion in revenue. A national study in 2019 further ranked Denver, Boulder, Fort Collins, and Steamboat Springs among the top U.S. “Music Havens” featuring the most live music events per resident.

More recently, a 2024 Colorado Music Survey conducted by the Colorado Music Hall of Fame revealed challenges across the state, including a decline in live music events — but also strong public support for revitalization, with music tourism identified as a strategic investment opportunity. (The survey gathered input from 1,300+ Colorado industry leaders, residents, and visitors, and a 50-member industry task force.)
In this survey, over 200 Northern Colorado (NoCo) residents, visitors, and music industry professionals revealed that locals are more likely to have attended a concert in the past year compared to the rest of Colorado. However, the NoCo music industry also reports greater challenges with venue availability and a higher incidence of music events that have ended or are at risk. Despite these hurdles, there is strong alignment around the value of partnering with the tourism industry to showcase local talent, with many identifying music tourism as a strategic investment. Developing a stronger regional music experience is considered a top priority among stakeholders.

Now is the time for Fort Collins to implement a unified strategy to grow its music scene into a major driver of cultural vitality and economic growth. Global music tourism spending is projected to double by 2032, and 84% of residents surveyed believe that more live music events would enhance their community’s quality of life. With local leadership and commitment, Fort Collins has everything it needs to build a thriving, resilient music ecosystem

for the future.
“Music venues are keepers of our culture. From Red Rocks to the Grand Ole Opry, and hundreds of small venues across our country, millions visit Colorado and all our states to hear world class musicians and connect with each other,” said Senator Hickenlooper in a 2024 press release. “Our bipartisan American Music Tourism Act will support these venues by helping our music tourism industry grow and expand.” While Visit Fort Collins, with support from the Colorado Tourism Office, initiated this plan, its success depends on ongoing leadership from both the music and tourism industries to drive these initiatives forward.

Strategy Overview
Fort Collins’ live music scene is a powerful cultural and economic asset, yet its full potential as a music tourism destination remains untapped. With venues like Washington’s and the Mishawaka, a strong local artist community, unique and intimate venues and thriving festivals, the city has the foundation to become a top-tier music destination.

This strategy, shaped by music and tourism leaders, outlines a plan to:
✔ Brand Fort Collins as a Music Destination – Define and promote Fort Collins’ unique music identity to attract music fans
✔ Enhance the Fort Collins Music Scene – Build a connected, accessible, and vibrant music ecosystem in Fort Collins
✔ Strengthen the Nighttime and Daytime Economy – Activate a thriving 24/7 music economy
Process of Creating the Strategic Plan
The Fort Collins Music Tourism Strategy was developed through a collaborative, data-driven process involving research, stakeholder engagement, and strategic planning. The process included the following key steps:

1. Research
a. Reviewed existing research, data, and plans related to music tourism at a local and statewide level
b. Developed local stakeholder group

2. Surveying and Interviews

a. Conducted kick-off survey for music stakeholders about the present state and future of music tourism in Fort Collins
b. Analyzed Northern Colorado data (133 participants) from the statewide Colorado Music Survey that gathered input on Colorado’s music future from visitors, stakeholders, and residents
c. Conducted 4 key stakeholder interviews to further investigate each goal

3. Workshops
a. Facilitated discussion related to Fort Collins music tourism in one online meeting and one in-person workshop
i. Discussed Colorado Music Survey findings
ii. Discussed Fort Collins Stakeholder Survey findings
iii. Conducted visioning exercise about the future of Fort Collins music

4. Identify Priorities
a. Identified top three priorities for the next three years for the Fort Collins’ music and tourism industries
b. Identified potential parties who can oversee the priorities c. Identified timeline

5. Create Action Plan
a. Created an action plan to advance music tourism across Fort Collins and present the plan to stakeholders for digital feedback. Refine into final version based on feedback.
i. Improve the quality of life for residents
ii. Enhance the visitor experience
Objectives:
● Uniting stakeholders to create a shared vision for music tourism ● Addressing community needs and understanding resident sentiment towards music and tourism
● Developing a three-year music tourism plan to enhance music as a cornerstone of Fort Collins’ culture and economy
Results:

The result of this collaboration will be a strategic three-year music tourism plan, including:
● A vision for the Fort Collins music scene in 2035
● Defined roles for partners involved
● A detailed action plan for VFC and its collaborators, with leadership roles assigned for each key initiative

Fort Collins Music Tourism Strategy
GOAL #1: Brand Fort Collins as a Music Destination
Rationale
A strong music tourism brand will drive visitor engagement, support local artists and venues, and position Fort Collins as a music-visit destination for music fans. The CMHOF Colorado Music Survey data shows that 84% of Fort Collins residents believe more live music events would improve their quality of life, and 65% of all 1,300 survey respondents would travel overnight for a music event—demonstrating the untapped potential of music tourism.

Key Takeaways Related to This Goal
-There is new energy and support for marketing Fort Collins as a music destination -The Colorado Tourism Office has new interest and investment in Fort Collins, the NoCo region and the state of Colorado as music destinations in the past year -Residents, visitors and stakeholders strongly support increased live music opportunities in Fort Collins
Priority Initiative: Define the Fort Collins Music Brand (Year 1) Activations:
● Develop a unified message that promotes Fort Collins as a music town ● Convene stakeholders to align on brand identity
○ Ensure brand is genre agnostic and inclusive
● Review VFC’s brand architecture. Integrate music as a core pillar Use design charrettes or collaborative workshops
● Ensure brand clarity before attending industry conferences or launching campaigns ● Identify local music influencers, artists, businesses, and champions ● Share the “Music for All” story
Visit Fort Collins: Lead/Partner
Partners:
● CSU (Marketing & Communications )
● FoCoMA
● DDA

● City (Cultural Services)
● Downtown Creative District
Priority Initiative: Analyze and Align on Primary and Secondary Music Tourism Markets (Year 1)
Activations:
● Review VFC’s short and long term visitor data
● Start with known well-performing markets, including messaging locally and then move into developing new markets
● Use student population and event attendance data to inform strategy ● Share known audiences with partners to help align targeting Visit Fort Collins Role: Lead
Partners:
● Partners that promote Fort Collins - Align on target audiences Priority Initiative: Leverage Partnerships to Promote Music (Year 1) Activations:
● Partner with CSU to market the breadth of music offerings in Fort Collins ○ Coordinate with high-traffic campus moments (e.g., Homecoming, Graduation) ● Leverage CTO Marketing Matching Grant (In-Progress)
○ Use funds for campaign development and execution
● Align future tourism marketing campaigns with new music-integrated brand strategy Visit Fort Collins Role: Lead
Partners:
● VFC Music Tourism Business Partners
● Colorado Tourism Office
● CSU
Priority Initiative: Begin Prototyping Export Strategies (Year 1-2) Activations:

● Identify 1–2 events to send select artists as “music ambassadors” ● Think of bands as influencers/content creators and offer stipends to cover travel/showcase costs in exchange for bands promoting Fort Collins as music destination and supportive of developing bands.
● Test and refine approach based on early learnings
Visit Fort Collins Role: Partner
Partners:
● Bohemian Foundation
● FoCoMa
● The Mishawaka
GOAL #2: Enhance the Fort Collins Music Scene
Rationale
Fort Collins should enhance its music scene to capitalize on its vibrant music offerings and attract music tourism, which contributes significantly to local economies. The city's diverse venues, festivals like FoCoMX, and institutions such as The Music District provide a strong foundation for growth. By investing in music infrastructure and programming, Fort Collins can boost tourism, support local artists, and strengthen its cultural identity. This approach not only enriches the community's quality of life but also stimulates economic development through increased visitor spending and job creation in the arts sector.

Key Takeaways Related to This Goal
-The Northern Colorado data from the CMHOF Colorado Music Survey indicated developing the music scene is a top priority for residents and stakeholders. -Residents perceive a loss of music events according to the same CMHOF Music Survey.

Priority Initiative: Create Content that Connects Residents and Visitors with their Best Music Experience (Year 1)
Activations:
● Create music guide that highlights music experiences and pairs them with other experiences that best fit the target audiences
● Distribute music guide to: hotels, Welcome Centers, vacation rentals, local businesses, etc.

○ Focus on visitors and locals in Max Bus line areas
● Include public transportation and “How can I enjoy music here?” messaging ● NOTE: This initiative supports the marketing and branding initiative of creating a microsite and focuses on maximizing the experience
Visit Fort Collins Role: Lead
Partners:
● VFC Music Tourism Businesses - For Content
● VFC Promotional Partners - For Distribution
Priority Initiative: Drive Traffic to the VFC Events Calendar (Year 1) Activations:
● Incentivize businesses to submit their events
● Continue to implement strategies to increase traffic on events calendar from locals and visitors
Visit Fort Collins Role: Lead
Partners:
● VFC Music Tourism Businesses - For Content
● VFC Promotional Partners - For Distribution
Priority Initiative: Engage broader community and stakeholders in music tourism development process
Activations:
● Apply for Colorado Tourism Office Blueprint Program
● Utilize program to engage residents and tourism stakeholders in vision and action plan for Fort Collins Music Scene
● Utilize outcome from CTO Mentor and Blueprint programs to develop music tourism master plan for Fort Collins
Visit Fort Collins Role: Lead
Partners:
● Broad partner and community inclusion

Priority Initiative: Capture, Cultivate or Create Music-Related Events, Meetings, Conferences, Festivals (Year 3+)
Activations:
● Research potential music industry events to support and grow locally, create from scratch or capture/recruit from other communities (e.g. Sundance) ○ Potential music industry events for capture include SERFA, IBMA, Folk Alliance, etc.
● Identify and assemble partner committee needed to successfully create, capture or cultivate events
● Determine top events and pursue with available resources Visit Fort Collins: Lead/Partner
Partner:
● FoCoMA
● DDA
● City
● Bohemian Foundation
Priority Initiative: Survey Local Businesses on Potential for New or Expanded Live Music Opportunities (Year 1)
Activations:
● Determine interest in integrating music or expanding music into business models ○ Include areas outside Downtown (e.g., SOPRO, SE FoCO) ● Determine incentives that would increase live music in Fort Collins ○ Create focused effort to expand live music beyond Downtown ● Investigate funding options to create appropriate incentives, if applicable Visit Fort Collins Role: Partner/Advocate
Partners:
● Bohemian Foundation
● City
● DDA
● Economic Health at the City

Priority Initiative: Evaluate and Elevate FoCoMX as Fort Collins’ Signature Music Festival (Year 1-2)
Activations:
● Position FoCoMX more prominently as a flagship music event in Fort Collins, differentiating it from other NoCo music festivals. Explore ways Visit Fort Collins and local partners can help maximize exposure and partnership opportunities through marketing, branding, and cross-sector coordination.
○ Use tools such as Localify.org and the FoCoMA Music Directory to create strategic marketing partnerships that create new offerings for attendees’ and their ability to discover personalized music.
● Conduct a comprehensive evaluation of the festival’s timing, economic impact (e.g., hotel stays, local spending), and growth potential—aligned with strategic goals outlined in the 2020 Fort Collins Destination Master Plan.
● Analyze and package key data to demonstrate the festival’s value to potential funders and stakeholders. Collaborate with community partners—including hotels, venues, transportation providers, and cultural leaders—to encourage shared investment in the festival’s long-term success.
○ Utilize CMHOF Colorado Music Survey data (statewide and NoCo-specific) to address concerns over the decline of live music events and build community momentum to sustain and grow FoCoMX.

Visit Fort Collins Role: Lead/Partner
Lead Partner(s):
● FoCoMA
● City of Fort Collins
● Bohemian Foundation
● CSU
● Local venues and businesses
● Downtown Development Authority
Priority Initiative: Measure Music's Economic Impact Over Time Activations:
● Identify potential grants to support economic impact study including Colorado Tourism Office Tourism Management Grant

● Implement an annual or biennial measurement of the local music sector’s economic impact
○ Key indicators could include employment figures, wages, event attendance, visitor spending tied to music events, and new business formation in the music sector.
○ A baseline survey could be developed in collaboration with Colorado State University or a third-party research partner, with subsequent updates tied to major initiatives or funding cycles.

Visit Fort Collins Role: Partner
Lead Partner(s):
● Bohemian Foundation
● City
● Economic Development
● DDA
Priority Initiative: Expand Public Transportation (Routes/Hours) to Support Attendance at Shows (Year 1-3)
Activations:
● Conduct feasibility and financial study to see if this is a community priority and viable option
● Take appropriate action based on results of survey
Visit Fort Collins Role: Advocate
Partners:
● City
● DDA
Priority Initiative: Strengthen Relationships with the Denver Music Scene (Year 1-2)
Activations:
● Build pipelines between Fort Collins artists and regional industry leaders ● Position Fort Collins as a contributor to the broader Colorado music culture ● Initiate and influence entrance of major promoters (Live Nation, AEG, etc.) into Fort Collins market

Visit For Collins Role: Advocate
Partners:
● The Mishawaka; Talent Buyer
● Bohemian Foundation
● Fort Collins Musicians Association
Priority Initiative: Position Fort Collins as a Stop on National Tour Routes (Year 3+)
Activations:
● Engage with major promoters (AEG, Live Nation, etc.) to understand barriers ● Use data to show audience demand and economic viability ● Identify venue ladder gaps; explore solutions
Visit Fort Collins Role: Advocate
Partners:
● CSU
● Cultural Services
● Day/Night Economy Team
● DDA
Priority Initiative: Improve Sound Systems at Venues (Year 1-3) Activations:
● Understand need with professional assessment of need and cost to upgrade venues ● Develop program to support venues in need
Visit Fort Collins Role: Advocate
Partner:
● Bohemian Foundation
GOAL #3: Strengthen the Nighttime and Daytime
Economy

Rationale
Music is a proven economic driver, yet its impact in Colorado remains both understudied and underfunded. Prior to the pandemic, Colorado’s live music industry generated $1.4 billion in 2018. However, its current economic value is unknown. Meanwhile, music tourism spending is projected to double by 2032—presenting a major opportunity to invest in infrastructure, artist support, and destination development.

At the same time, the nighttime economy—of which live music is a major part—remains one of the least understood sectors. In the UK, research shows that about one in nine people are employed at night, contributing over 4% of GDP. In contrast, Colorado and Fort Collins lack data on how many people are employed in nighttime industries or how large the sector is locally.

Conducting a study of the size and impact of the nighttime economy could help quantify its value and inform strategic investment.

Fort Collins already boasts a vibrant and growing nightlife. But just how large—and how impactful—it is remains to be determined. Sustaining and shaping this growth into the kind of nighttime scene the city aspires to requires deliberate investment by the City and its partners. A thriving live music ecosystem—from small venues to large outdoor events—not only drives visitation and supports local businesses but also helps establish Fort Collins as a cultural destination.

By investing in both live music and the broader nighttime economy, Fort Collins can create a seamless, 24-hour music tourism experience that fosters economic growth and builds community pride.

The key question now is: how do we begin? According to stakeholders interviewed for this plan, a nighttime governance initiative could be launched by one organization or champion. However, to be successful, it must involve a cross-section of city and economic leaders to ensure a collaborative, community-led approach from the outset.

Key Takeaways Related to This Goal
-Momentum towards a nighttime mayor and/or management plan are underway in Fort Collins -Fort Collins already has underlying organic support for the nighttime economy from its University, residents and visitors
-nighttime economy management has proven to be an economic and social improvement for other European and American cities as seen in this 2024 UrbAct article. The article also looks at multiple models for governance of a nighttime economy.

Priority Initiative: Create and Market a Microsite for Fort Collins’ Nightlife (Year 1)
Activations:

● Create specific content that features events, experiences and music scene focused around the after-dark experience
● Target current visitors with night time experience suggestions to expand stays and spending
● Help visitors and residents navigate between nighttime experiences safely and efficiently Visit Fort Collins Role: Lead
Partners:
● VFC Promotional Partners
Priority Initiative: Launch the Framework for a Nighttime Economy Office (“Night Mayor”) (Year 1)
Activations:
● Establish a process to kick-off the initiative with clear roles and responsibilities defined for the leading organizations
● Survey community to determine who is represented in the community committee ○ Recommended vendor/partner:
● Create a committee, gather available data and stories on economy/safety/transportation ● Establish office structure and leadership
● Identify underserved communities (especially youth)
Visit Fort Collins Role: Support/Partner
Partner Role(s): Initiate process, form committee, hire consultancy, establish office ● City
● Bohemian
● Downtown Development Authority
● Community Nighttime Committee (Yet to be formed)
Priority Initiative: Address Barriers for Venues, Artist and Patrons(Year 1-3)
Activations:
● Identify barriers through surveying, focus groups, stakeholder interviews ○ Ideas from Stakeholders included:

■ Incentivize Venues to Offer Live Music Regularly
● Consider underwriting, licensing subsidy program, and marketing support
■ Explore challenges around ASCAP Licensing
■ Explore Access to Equipment through a Community "Music Closet" ■ Provide Venues and Businesses with Data that Proves Demand for Live Music
● Identify data and data vendor needed to track nighttime spending and movement
● Include growth strategies and success metrics
■ Explore Bringing Back the Free Night Bus Program
● Determine if ridership will return if bus returns through surveying ● Identify funding sources (sponsorships, public funds, etc.) ● Promote use of bus
■ Support Under-$20 Music Events for Increased Affordability ● Create round-up content of music offerings and highlight under $20 events
● Develop programs to address barriers through surveying, focus groups, stakeholder interviews and ideas provided in this report
Visit Fort Collins Role: Support (Marketing and visitor management) Partner(s) Role(s):
● City
● Downtown Development Authority
● Bohemian Foundation

APPENDIX
Survey Findings
CMHOF Colorado Music Survey Key Findings
1,300 surveys, 805 Residents, 250 Visitors, 245 Industry Professionals ● 84% say: Increasing music in my community will positively impact my quality of life

● 8 out of 10 say it is important to feature local musicians ● 64% said there are music events in their region that have ended or are threatened to end (Perception vs Reality?)
● 55% optimistic about growth of CO music industry in next 12 months ● Top experiences enjoyed when attending CO music event:
○ Local cuisine, breweries/distilleries/wineries
○ Outdoor recreation
○ Road trips
Northern Colorado Key Findings from CMHOF Colorado Music Survey ● 133 NoCo survey responses
● NoCo Residents are more likely to...
○ have attended a concert in past year than rest of CO
○ report Music Fans/Crowds as part of what makes experience special than rest of CO
● NoCo Music Industry is more likely to report...
○ venue availability as a challenge than rest of CO
○ there are music events that have ended or threatened to end (perception vs reality?)
○ partnering with the tourism industry to showcase local artists as a key advantage of investing in music tourism
○ developing the music experience is a top priority

RESOURCES

1. Colorado Music Survey Results
Between December 2024 and February 2025, approximately 1,300 surveys were collected from Colorado residents, visitors and music/tourism industry professionals. The purpose was to gather a broad input of ideas and provide direction to the CO music and tourism industries in the priorities and opportunities of developing music tourism in Colorado. The most up-to-date results of those surveys can be found via the link above.

Note, this was a smart survey, where participants answered key questions, while there were targeted questions for each group (residents, visitors and industry). Click the link to view the results, you can double click the slide to expand the view of each question.

2. Music Strategy and Opportunity Research
The document provides an overview of music tourism's economic impact, highlighting national and state-level trends, with a focus on Colorado's music industry. It compares

Colorado's current impact with leading states like Tennessee, Texas, and Louisiana, and presents successful initiatives that have boosted music economies through legislation, grants, partnerships, and tourism campaigns. Case studies, including Austin City Limits, Tennessee Music Pathways, and the Rock & Roll Hall of Fame, demonstrate how strategic investment in music tourism infrastructure and branding can drive economic growth, job creation, and cultural enrichment.

3. Visit Fort Collins Brand Architecture
Fort Collins’ Participating Music Stakeholders
● Clapp, Justin, Executive Director, KRFC 88.9 FM
● Cornett, Greta, Co-Founder and President, Fort Collins Musicians Association ● Donaldson, Cheryl, Executive Co-Director, Fort Collins Museum of Discovery ● Eichler, Cynthia, President & CEO, Visit Fort Collins ● Brackett, Stephen, Executive Director, Foundation Music School ● Grant, Dani, Owner & General Manager, Mishawaka Amphitheatre; Professor of Music Business Marketing, Colorado State University
● Henley, Kyle, Vice President for Marketing and Communications, Colorado State University
● Jacobs, Fred, Senior Manager of Media Relations and Sponsorships, Ent Credit Union ● Long, Bri, Talent Buyer, Mishawaka Amphitheatre
● Lyle, Peggy, Executive Director, Downtown Fort Collins Creative District ● Marr, Tyler, Legislative Staff, City of Fort Collins
● Merrill, Bryce, Music Programs Director, Bohemian Foundation ● Palmer, Erin, General Manager of Live Music Operations, Bohemian Foundation ● Reese, Melissa, Head of the Music District
● Robenalt, Matt, Project Manager, Fort Collins Downtown Development Authority ● Schneider, Katy, VP of Marketing, Visit Fort Collins
● Skinner, Jamal, Founder & Executive Director, Cultural Enrichment Center of Fort Collins
● Zimlich, Cheryl, President and CEO, Bohemian Foundation Music Tourism Glossary
● Live Music Economy – The financial impact of concerts, festivals, and performances, including ticket sales, venue revenue, and related tourism spending (hotels, restaurants, transportation).

● Music Tourism – Traveling to a destination, usually defined as 50+ miles away from your primary residence, to experience live music, such as concerts, festivals, or historic music sites.
● Cultural Tourism – A broader term that includes music tourism, referring to travel that focuses on experiencing a location’s cultural assets (art, history, food, music, etc.). ● Destination Marketing – Promotional efforts to attract visitors to a specific place, often led by tourism organizations, government agencies, or local businesses. ● Venue Booking – The process of scheduling artists to perform at a concert venue, which includes securing dates, negotiating fees, and handling contracts. ● Multi-City Tour – A coordinated effort to book an artist or band at multiple venues across different cities, often with logistical and financial support. ● Incubator Rebate Program – A financial incentive designed to help music venues and events offset costs, similar to programs that exist for film and television industries. ● Economic Impact Study – A research analysis that quantifies how much revenue an industry (like live music) generates for a state or community, including visitor spending and job creation.
● Destination Management Organization (DMO) – An entity responsible for promoting tourism in a specific area, often working with government and business stakeholders to increase visitor engagement.
● Music Trail – A curated route connecting music venues, historic sites, and festivals to encourage visitors to explore a region’s music culture. ● Live Music District – A designated area within a city or town that encourages and supports live music through zoning policies, funding, and venue-friendly regulations. ● Brand Identity – The unique image and messaging that differentiates Colorado’s music scene from other destinations.
● Digital Interactive Map – An online tool that helps visitors explore music-related locations, such as historic sites, venues, and festivals. ● Localify.org – A digital platform designed to help music fans discover local artists, venues, and events based on their interests.

City of Hermosa Beach | Page 1 of 4
Meeting Date: September 9, 2025
Staff Report No. 25-CCO-039
Honorable Mayor and Members of the Hermosa Beach City Council

ADOPT RESOLUTION APPROVING CHANGES TO THE ESTABLISHED RULES

FOR THE CONDUCT OF CITY COUNCIL MEETINGS AND SUBSIDIARY BOARDS

AND COMMISSIONS
(City Clerk Myra Maravilla)
Recommended Action:

Staff recommends City Council:

1. Discuss whether the draft resolution establishing the rules for the conduct of City Council meetings should apply to subsidiary boards and commissions;

2. To delay implementation of accepting and displaying visual aid for agenda items until a policy is drafted; and

3. Adopt the draft resolution, as amended, to include Section 8.2 adopting Rosenberg’s Rules of Order for subsidiary boards and commissions (Attachment 1).

Executive Summary:

At its August 26, 2025, meeting, the City Council approved changes to the resolution establishing rules for the conduct of City Council meetings and subsidiary boards and commissions. The general public comment period reverted to three minutes per speaker, allows for remote participation, and eliminates the 30-minute time limit. Other changes were made to the categories on the agenda.

The City Council also approved allowing for the use of visual aid by members of the public for agenda items only. Staff is drafting the Audio and Visual Presentation Guidelines for Meetings Policy and expects to begin accepting visual aid for agenda items starting at their September 30, 2025, regular meeting.

Background:

Remote Participation
The City implemented the use of remote participation via Zoom in response to the COVID19 pandemic under AB 361. After the City was no longer required to provide a remote participation option, the City opted to continue holding hybrid meetings to ensure those unable to attend meetings in person were still able to attend meetings virtually.

Visual Aid Provision

City of Hermosa Beach | Page 2 of 4
The adoption of Resolution No. RES-24-7414 (Attachment 2) on February 15, 2024, removed the option for members of the public to use visual aid. Prior to Resolution No.

RES-24-7414, Resolution No. 15-6988 was in place.

As a result of the implementation of Zoom during the COVID-19 pandemic, the City Clerk’s office began accepting graphics and videos from members of the public for items on and not on the agenda.

During the COVID-19 pandemic, the Council Chambers underwent an Audio/Visual upgrade. This upgrade led to the discontinued use of the projector at the podium because the images displayed by the projector in the Chambers were not viewable to online participants.

The visual aid that was received by the Clerk’s office was primarily used by a limited number of people to primarily target sitting councilmembers with manipulated videos.

When Resolution No. RES-24-7414 was adopted, staff recommended that City Council discontinue accepting and displaying videos and other graphics on City devices to limit the City’s exposure to possible cyberattacks, ransomware, and malware.

South Bay Cities—Public Comment Survey
Staff conducted a survey of South Bay cities to gather more information about their rules governing public comment (Attachment 4). The survey found that a majority of South Bay cities allow public comment in person only and do not allow the use of visual aid, except during hearings and appeals. The rationale provided includes concerns about First Amendment challenges, disruptions to meetings, and general concerns about malicious cyber incidents.

Zoombombing Attack
On September 26, 2024, the City Council was the target of a coordinated attack where multiple members of the public flooded the City’s Zoom meeting requesting to comment.

These commenters proceeded to make hateful, bigoted, antisemitic, and sexist remarks intended to disrupt the meeting. These comments were not related to City business in any way and instead were vile attempts to stoke a reaction from City officials and disrupt the City Council’s public meeting. City staff was unable to immediately detect this incident was a coordinated attack until several commenters had been called and unmuted.

Past Council Actions
Meeting Date Description
August 10, 2021 City Council authorized the continuation of a hybrid (in-person and virtual) format for meetings conducted by the City.

December 12, 2023 City Council approved changes to the agenda and meeting procedures to limit general public comments to two minutes per speaker for a total of thirty minutes for general public

City of Hermosa Beach | Page 3 of 4
Meeting Date Description
comment, removed the remote participation option for general public comment, and requested that the same changes apply to subsidiary boards and commissions.

February 15, 2024 City Council approved Resolution No. RES-24-7414, effectuating the changes made at their December 12, 2023, meeting.

May 27, 2025 Councilmember Keegan requested a future agenda item to revert the general public comment period to three minutes per speaker and allow for virtual participation.

August 26, 2025 City Council directed changes to the resolution establishing rules for the conduct of City Council meetings and subsidiary boards and commissions.

Discussion:

Subsidiary Boards and Commissions – Visual Aid
The City Council should consider whether boards and commissions should continue to follow the rules for the conduct of City Council meetings. Resolution No. RES-24-7414 aligned boards and commissions to follow the City Council meeting layout and its rules for the conduct of meetings. Prior to Resolution No. RES-24-7414, board and commission meetings operated differently from each other, which posed challenges when the City transitioned its agenda management system to eScribe. Additionally, there are concerns with challenges posed by the proposal to accept visual aid submitted at the board and commission level.

Recently, the City Attorney’s office stopped attending subsidiary board and commission meetings, except for the Planning Commission. Should staff be advised by the City Attorney’s office that certain visual aid should be denied at a board or commission meeting, the City Attorney’s office would not be available to provide additional information to questions presented at a meeting. Should the City Council move forward with the provision to allow the use of visual aid for agenda items, it is recommended that this provision not apply to boards and commissions, except for use during a hearing or appeal, as applicable by law.

Subsidiary Boards and Commissions – Rosenberg’s Rules of Order Robert’s Rules of Order is highly complex and was primarily written for chairing or running a parliament. The complexity of Robert’s Rules poses challenges for staff and subsidiary boards and commissions to navigate its provisions, many of which do not apply to running a meeting with only five members. Rosenberg’s Rules of Order is outlined in a ten-page document that is easy for staff, appointed officials, and members of the public to navigate (Attachment 5). It is a simplified version of Robert’s Rules of Order and contains only the provisions that are relevant for subsidiary boards and commissions. Staff recommends

City of Hermosa Beach | Page 4 of 4
City Council adopt the draft resolution with the inclusion of Section 8.2, making Rosenberg’s Rules of Order applicable to its subsidiary boards and commissions.

Implementation of Visual Aids for Agenda Items
The City’s GIS/IT Analyst is reviewing best practices for handling content and files provided by the public on the City’s network and will provide the Clerk’s office with a recommended Audio and Visual Presentation Guidelines for Meetings Policy in the coming weeks. It is recommended that City Council allow the delayed implementation of accepting and displaying visual aid until the policy is fully developed by staff.

Fiscal Impact:

There is no fiscal impact associated with the associated recommendation.

Attachments:

1. Draft Resolution

2. Resolution No. RES-24-7414

3. Resolution No. 15-6988

4. South Bay Cities Public Comment Survey

5. Rosenberg’s Rules of Order
Respectfully Submitted by: Myra Maravilla, City Clerk
Concur: Alexandria Hildebrand, GIS/IT Analyst
Legal Review: Todd Leishman, Interim City Attorney
Approved: Steve Napolitano, Interim City Manager

CITY OF HERMOSA BEACH
RESOLUTION NO. RES-25-

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

CALIFORNIA, ESTABLISHING RULES FOR THE CONDUCT OF CITY COUNCIL

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

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

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

SECTION 1. SCOPE.

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

1.1 Resolution No. RES-24-7414 is hereby rescinded and the rules of order and decorum for City Council meetings and other City Boards and Commissions are hereby adopted.

SECTION 2. MEETINGS.

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

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

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

2.3 Quorum. Three members of the City Council shall constitute a quorum and shall be sufficient to transact business. If fewer than three Councilmembers appear at a Regular meeting, any member, or if all members are absent, the City Clerk, shall adjourn the meeting to a stated day and hour.

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

SECTION 3. POSTING NOTICE AND AGENDA.

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

SECTION 4. WRITTEN COMMENTS.

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

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

SECTION 5. ORDER OF BUSINESS.

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

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

2. PLEDGE OF ALLEGIANCE
The Presiding Officer shall designate a person to lead the Pledge of Allegiance.

3. ROLL CALL
The City Clerk shall call the roll of the City Council beginning with Councilmembers, the Mayor Pro Tempore called fourth and the Mayor called last. Members present and absent shall be entered into the minutes.

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

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

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

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

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

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

10. CITY COUNCILMEMBER COMMENTS

Councilmembers may briefly respond to public comments, ask a question for clarification or make brief announcements or report on activities or meetings attended.

11.UPDATES FROM CITY COUNCIL AD HOC SUBCOMMITTEES AND STANDING

COMMITTEE DELEGATES/ALTERNATES

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

12. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION The Council shall conduct all public hearings as set forth in Section 7.

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

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

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

17. PUBLIC COMMENT

17. INFORMATIONAL ITEMS
Items that do not require City Council action shall be provided under this section and shall not be discussed. Council may request a future agenda item to discuss an information item.

18. ADJOURNMENT
SECTION 6. PUBLIC COMMENT.

6.1 General Public Comment. During the first general Public Comment section of the

agenda, any member of the public may address the City Council on items appearing on the Consent Calendar. Comments concerning other items on the agenda will be heard at the time the item is considered during the course of the meeting; however, they may be offered at this time if the member of the public cannot be in attendance later in the evening. At this time, members of the public may also comment upon any other items of interest that are within the subject matter jurisdiction of the City Council. Any Councilmember may request that matters addressed under Public Comment be placed for information or action on a subsequent agenda under FUTURE AGENDA ITEMS; however, no action shall be taken on items not appropriately placed on the agenda except upon a majority determination that an “emergency situation” exists as defined by State law.

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

Further, this first Public Comment section shall be limited to a total of thirty (30) minutes.

The Presiding Officer also may allow additional time for the spokesperson of a group if doing so will limit the number of persons speaking and avoid repetitious presentations. Unless required by law, pPublic Ccomment will also only be taken by those physically in City Council Chambersavailable via remote participation. Those viewing the meeting via remote public participation options or listening in telephonically will not be allowed to make general public comments.

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

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

listening in telephonically and will similarly be limited to three (3) minutes. Unless mandated by law, this remote participation is done as a courtesy only and is not guaranteed. The City reserves the right to terminate this medium at any time and for any reason.

Speakers wishing to have visual aid displayed during their public comment must submit it to the City Clerk at least 24 hours in advance of the meeting and in the format set forth by the City Clerk in its audio/visual policy for Brown Act meeting bodies.

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

SECTION 7. PUBLIC HEARINGS.

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

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

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

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

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

7.5 Definition of "Ex Parte" Communication. "Ex parte communication" shall mean any oral or written communication between a member of the Council and any person, which meets all of the following requirements: (i) it is directed toward the merit or outcome of a quasi-judicial matter within the Council's jurisdiction; (ii) an application, recommendation or appeal on the matter has been submitted to the Council; (iii) the communication imparts substantive factual information which constitutes the basis of or otherwise influences the Councilmember's deliberation or decision on the matter; (iv) the information is not included in the staff report or

other written materials contained in the agenda of the meeting at which the matter is to be heard or otherwise on the official record of the proceeding on the matter; and (v) the communication does not occur in a public meeting as defined in the Ralph M. Brown Act (California Government Code Section 54950, et seq.).

SECTION 8. PROCEDURES FOR THE CONDUCT OF MEETINGS.

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

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

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

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

SECTION 9. DECORUM.

9.1 Rules for City Councilmembers. Members of the City Council shall conduct themselves in an orderly and businesslike manner to ensure that the business of the City shall be attended to efficiently and thoroughly and to ensure that the integrity of the deliberative process of the City Council is maintained at all times. Members of the Council shall maintain a polite, respectful and courteous manner when addressing one another, City staff and members of the public during meetings.

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

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

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

9.3 Rules for City Staff.
a. Decorum. City staff shall not engage in public dialogue or debate with members of the public during public meetings. When addressed by the Council, staff shall respond in a polite and respectful manner,

b. Role of the City Manager. The City Manager's duties during City Council meetings include keeping a record of concerns raised by the Council regarding staff matters and directions for future staff action.

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

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

9.4 of this resolution, the procedure to enforce the rules is as follows:
1) Warning. The Presiding Officer shall request that a person who is violating the rules of decorum cease such conduct. If after receiving a warning from the Presiding Officer, the person persists in the violation, the Presiding Officer shall order the person to leave the City Council meeting. If the person does not leave the meeting, the Presiding Officer may order any law enforcement officer who

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

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

SECTION 11. The City Clerk shall certify to the passage and adoption of this Resolution, shall enter the same in the book of original Resolutions of said city; and shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted.

PASSED, APPROVED and ADOPTED this 9
th Day of September 2025.

Mayor Rob Saemann
PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, CA ATTEST: APPROVED AS TO FORM:
__________________________________ __________________________________ Myra Maravilla Todd Leishman
City Clerk Interim City Attorney

CITY OF HERMOSA BEACH
RESOLUTION NO. RES-24-7414

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

CALIFORNIA, ESTABLISHING RULES FOR THE CONDUCT OF CITY COUNCIL

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

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

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

SECTION 1. SCOPE.

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

SECTION 2. MEETINGS.

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

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

DocuSign Envelope ID: B60C4A40-6BF4-4CCC-8A64-ED22B36DBC88

2.3 Quorum. Three members of the City Council shall constitute a quorum and shall be sufficient to transact business. If fewer than three Councilmembers appear at a Regular meeting, any member, or if all members are absent, the City Clerk, shall adjourn the meeting to a stated day and hour.

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

SECTION 3. POSTING NOTICE AND AGENDA.

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

SECTION 4. WRITTEN COMMENTS.

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

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

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

SECTION 5. ORDER OF BUSINESS.

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

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

2. PLEDGE OF ALLEGIANCE
The Presiding Officer shall designate a person to lead the Pledge of Allegiance.

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3. ROLL CALL
The City Clerk shall call the roll of the City Council beginning with Councilmembers, the Mayor Pro Tempore called fourth and the Mayor called last. Members present and absent shall be entered into the minutes.

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

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

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

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

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

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

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

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

12. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE

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

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

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

15. FUTURE AGENDA ITEMS
Two Councilmembers may direct staff to bring back an informational item and a majority of the Council may direct staff to bring back an action item.

No discussion, action or public comments shall be taken at this time.

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

17. ADJOURNMENT
SECTION 6. PUBLIC COMMENT.

6.1 General Public Comment. During the first general Public Comment section of the agenda, any member of the public may address the City Council on items appearing on the Consent Calendar. Comments concerning other items on the agenda will be heard at the time the item is considered during the course of the meeting; however, they may be offered at this time if the member of the public cannot be in attendance later in the evening. At this time, members of the public may also comment upon any other items of interest that are within the subject matter jurisdiction of the City Council. Any Councilmember may request that matters addressed under DocuSign Envelope ID: B60C4A40-6BF4-4CCC-8A64-ED22B36DBC88

Public Comment be placed for information or action on a subsequent agenda under FUTURE AGENDA ITEMS; however, no action shall be taken on items not appropriately placed on the agenda except upon a majority determination that an “emergency situation” exists as defined by State law.

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

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

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

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

6.3 Procedure. Upon addressing the City Council, each speaker may choose to state his or her name and city of residence and then identify the subject or subjects DocuSign Envelope ID: B60C4A40-6BF4-4CCC-8A64-ED22B36DBC88

upon which he or she intends to speak. Speakers shall address their comments or questions to the City Council as a whole, and not to any particular Council or staff member or to the audience.

SECTION 7. PUBLIC HEARINGS.

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

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

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

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

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

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

SECTION 8. PROCEDURES FOR THE CONDUCT OF MEETINGS.

8.1 Robert's Rules. Unless otherwise specified in this Resolution or by other ordinance or resolution, meetings of the City Council will be conducted to the extent practicable in accordance with the most recently revised edition of Robert's Rules of Order. In the event of any conflict between Robert's Rules and this Resolution, the DocuSign Envelope ID: B60C4A40-6BF4-4CCC-8A64-ED22B36DBC88

Municipal Code or of State law, the latter three sources of authority shall govern.

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

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

SECTION 9. DECORUM.

9.1 Rules for City Councilmembers. Members of the City Council shall conduct themselves in an orderly and businesslike manner to ensure that the business of the City shall be attended to efficiently and thoroughly and to ensure that the integrity of the deliberative process of the City Council is maintained at all times. Members of the Council shall maintain a polite, respectful and courteous manner when addressing one another, City staff and members of the public during meetings. a. Role of the Presiding Officer. The Presiding Officer of the City Council, who shall be the Mayor, or in the Mayor's absence the Mayor Pro Tempore, or in their absence any other member designated by the City Council, shall be responsible for maintaining the order and decorum of meetings. It shall be the duty of the Presiding Officer to ensure that the rules of operation and decorum contained herein are observed. The Presiding Officer shall maintain control of communication between Councilmembers and between the Council, staff and the public.
b. Communication with Councilmembers.
1) Councilmembers should request the floor of the Presiding Officer before speaking.
2) A Councilmember who is speaking shall attempt to avoid repetition and shall endeavor to limit his or her comments to the subject matter at hand. Councilmembers should endeavor to express their views without engaging in lengthy debates.

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3) When one Councilmember is speaking, other Councilmembers shall not interrupt or otherwise disturb the speaker.

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

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

9.4 Rules for the Public.
a. Members of the Audience. Members of the audience shall not engage in disorderly or boisterous conduct, including the utterance of loud, threatening or abusive language, whistling, stamping of feet or other acts which disturb, disrupt, impede or otherwise render the orderly conduct of the City Council meeting unfeasible. A member of the audience repeatedly or continuously engaging in any such conduct shall, at the discretion of the Presiding Officer or a majority of the City Council, be subject to ejection from that meeting.
b. Persons Addressing the City Council.
1) Any person wishing to speak shall approach the speaker podium when called upon by the Presiding Officer.
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by the Presiding Officer.
3) Each person addressing the City Council shall do so in an orderly manner and shall not make repetitious, slanderous or irrelevant remarks, or engage in any other disorderly conduct which disrupts, disturbs or otherwise impedes the orderly conduct of the Council meetings. Any person who so disrupts the meeting may, at the discretion of the Presiding Officer or a majority of the City Council, be subject to ejection from that meeting.
4) Persons addressing the City Council shall adhere to the time limit established for public comment and conclude their comments when requested to do so by the Presiding Officer.

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

9.4 of this resolution, the procedure to enforce the rules is as follows:
1) Warning. The Presiding Officer shall request that a person who is violating the rules of decorum cease such conduct. If after receiving a warning from the Presiding Officer, the person persists in the violation, the Presiding Officer shall order the person to leave the City Council meeting. If the person does not leave the meeting, the Presiding Officer may order any law enforcement officer who is on duty at the City Council meeting as sergeant-at-arms to remove the person from the City Council chambers.
2) Removal. Any law enforcement officer who is serving as sergeant-atarms at the City Council meeting shall carry out the orders and instructions given by the Presiding Officer for the purpose of maintaining order and decorum. Upon instruction of the Presiding Officer, it shall be the duty of the sergeant-at-arms to remove from the City Council meeting any person who is disturbing the proceedings of the City Council.
3) Resisting Removal. Any person who resists removal by the sergeant-atarms may be charged with any applicable ordinance or law. 4) Motion to Enforce. If the Presiding Officer of the City Council fails to enforce the rules of order and decorum set forth above, any member of the City Council may move to require the Presiding Officer to do so, and an affirmative vote of a majority of the City Council shall require the Presiding Officer to do so. If the Presiding Officer fails to carry out the will of the majority of the City Council, the majority may designate another DocuSign Envelope ID: B60C4A40-6BF4-4CCC-8A64-ED22B36DBC88

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

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

SECTION 11. The City Clerk shall certify to the passage and adoption of this Resolution, shall enter the same in the book of original Resolutions of said city; and shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted.

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

Mayor Justin Massey
PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, CA ATTEST: APPROVED AS TO FORM:
__________________________________ __________________________________ Myra Maravilla, Patrick Donegan,
City Clerk City Attorney
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State of California )
County of Los Angeles ) ss
City of Hermosa Beach )
February 29, 2024
Certification of Council Action
RESOLUTION NO. RES-24-7414

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA

BEACH, CALIFORNIA, ESTABLISHING RULES FOR THE CONDUCT OF CITY

COUNCIL MEETINGS AND SUBSIDIARY BOARDS AND COMMISSIONS
I, Myra Maravilla, City Clerk of the City of Hermosa Beach do hereby certify that the above and foregoing Resolution No. RES-24-7414 was duly approved and adopted by the City Council of said City at its special meeting thereof held on the 15th day of February, 2024, and passed by the following vote:

AYES: MAYOR MASSEY, MAYOR PRO TEMPORE FRANCOIS,
COUNCILMEMBERS SAEMANN, DETOY and JACKSON
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
________________________________
Myra Maravilla,
City Clerk
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South Bay Cities Public Comment Survey
Survey Conducted 9/2/25–9/3/25
City Are meetings in
person only or
hybrid? Hybrid
means the
public can also
join via Zoom.

What is the time limit
for each speaker for
general public
comment?
What is the time
limit for each
speaker for items
on the agenda?
Are speakers allowed to
request that the City
Clerk's office share
graphics or videos when
providing public
comment?
If yes, does the Clerk's
office vet graphics or
videos prior to the
meeting? How are they
shared?
Are speakers able to
share images through a
projector in person
(without the Clerk's
office vetting them
ahead of time)?
Do boards
and
commissions
follow the
same rules as
City Council?
Carson In person only 3 minutes 3 minutes No N/A No Unsure El Segundo In person only 5 minutes Does not allow No N/A No Yes Gardena In person only 3 minutes 3 minutes No N/A No Yes Hawthorne In person only 3 minutes No time limit No N/A No Unsure Inglewood In person only 3 minutes 3 minutes No N/A No Yes Lawndale In person only 3 minutes 3 minutes No N/A No Yes Lomita In person only 3 minutes 3 minutes No N/A No Yes Manhattan Beach Hybrid 3 minutes 2 minutes Yes, for general public comment & items on the
agenda. No policy in
writing.

Yes Yes Most do
Rolling Hills In person only No time limit No time limit No N/A No Yes Torrance In person only 1 minute 2 minutes No N/A No Yes No responses were provided by Palos Verdes Estates, Rancho Palos Verdes, and Redondo Beach, and Rolling Hills Estates Page 245 of 731 Rosenberg’s Rules of Order
REVISED 2011
Simple Rules of Parliamentary Procedure for the 21st Century By Judge Dave Rosenberg

ii
MISSION and CORE BELIEFS
To expand and protect local control for cities through education and advocacy to enhance the quality of life for all Californians.

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

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

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

About the Author
Dave Rosenberg is a Superior Court Judge in Yolo County. He has served as presiding judge of his court, and as presiding judge of the Superior Court Appellate Division. He also has served as chair of the Trial Court Presiding Judges Advisory Committee (the committee composed of all 58 California presiding judges) and as an advisory member of the California Judicial Council. Prior to his appointment to the bench, Rosenberg was member of the Yolo County Board of Supervisors, where he served two terms as chair. Rosenberg also served on the Davis City Council, including two terms as mayor. He has served on the senior staff of two governors, and worked for 19 years in private law practice. Rosenberg has served as a member and chair of numerous state, regional and local boards. Rosenberg chaired the California State Lottery Commission, the California Victim Compensation and Government Claims Board, the Yolo-Solano Air Quality Management District, the Yolo County Economic Development Commission, and the Yolo County Criminal Justice Cabinet. For many years, he has taught classes on parliamentary procedure and has served as parliamentarian for large and small bodies.

1 Table of Contents
About the Author............................................................................................................ii Introduction....................................................................................................................2 Establishing a Quorum...................................................................................................2 The Role of the Chair......................................................................................................2 The Basic Format for an Agenda Item Discussion........................................................2 Motions in General.........................................................................................................3 The Three Basic Motions................................................................................................3 Multiple Motions Before the Body.................................................................................4 To Debate or Not to Debate............................................................................................4 Majority and Super-Majority Votes ...............................................................................5 Counting Votes................................................................................................................5 The Motion to Reconsider..............................................................................................6 Courtesy and Decorum ..................................................................................................7 Special Notes About Public Input..................................................................................7

2 Establishing a Quorum
The starting point for a meeting is the establishment of a quorum.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

4. Rules should enforce the will of the majority while protecting the rights of the minority. The ultimate purpose of rules of procedure is to encourage discussion and to facilitate decision making by the body. In a democracy, majority rules. The rules must enable the majority to express itself and fashion a result, while permitting the minority to also express itself, but not dominate, while fully participating in the process.

3 Ninth, the chair takes a vote. Simply asking for the “ayes” and then asking for the “nays” normally does this. If members of the body do not vote, then they “abstain.” Unless the rules of the body provide otherwise (or unless a super majority is required as delineated later in these rules), then a simple majority (as defined in law or the rules of the body as delineated later in these rules) determines whether the motion passes or is defeated.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

This is done in one of three ways:

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

2. The chair can repeat the motion; or

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

Eighth, the chair should now invite discussion of the motion by the body. If there is no desired discussion, or after the discussion has ended, the chair should announce that the body will vote on the motion. If there has been no discussion or very brief discussion, then the vote on the motion should proceed immediately and there is no need to repeat the motion. If there has been substantial discussion, then it is normally best to make sure everyone understands the motion by repeating it.

4 First, the chair would deal with the third (the last) motion on the floor, the substitute motion. After discussion and debate, a vote would be taken first on the third motion. If the substitute motion passed, it would be a substitute for the basic motion and would eliminate it. The first motion would be moot, as would the second motion (which sought to amend the first motion), and the action on the agenda item would be completed on the passage by the body of the third motion (the substitute motion). No vote would be taken on the first or second motions.

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

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

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

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

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

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

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

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

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

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

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

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

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

When there are two or three motions on the floor (after motions and seconds) at the same time, the vote should proceed first on the last motion that is made. For example, assume the first motion is a basic “motion to have a five-member committee to plan and put on our annual fundraiser.” During the discussion of this motion, a member might make a second motion to “amend the main motion to have a 10-member committee, not a five-member committee to plan and put on our annual fundraiser.” And perhaps, during that discussion, a member makes yet a third motion as a “substitute motion that we not have an annual fundraiser this year.” The proper procedure would be as follows:

5 Motion to close nominations. When choosing officers of the body (such as the chair), nominations are in order either from a nominating committee or from the floor of the body. A motion to close nominations effectively cuts off the right of the minority to nominate officers and it requires a two-thirds vote to pass.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Motion to limit debate. Whether a member says, “I move the previous question,” or “I move the question,” or “I call the question,” or “I move to limit debate,” it all amounts to an attempt to cut off the ability of the minority to discuss an item, and it requires a two-thirds vote to pass.

6 Now, exactly how does a member cast an “abstention” vote? Any time a member votes “abstain” or says, “I abstain,” that is an abstention. However, if a member votes “present” that is also treated as an abstention (the member is essentially saying, “Count me for purposes of a quorum, but my vote on the issue is abstain.”) In fact, any manifestation of intention not to vote either “yes” or “no” on the pending motion may be treated by the chair as an abstention. If written ballots are cast, a blank or unreadable ballot is counted as an abstention as well.

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

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

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

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

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

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

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

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

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

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

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

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

7 Appeal. If the chair makes a ruling that a member of the body disagrees with, that member may appeal the ruling of the chair. If the motion is seconded, and after debate, if it passes by a simple majority vote, then the ruling of the chair is deemed reversed.

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

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

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

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

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

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

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

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

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

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

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

Order. The proper interruption would be, “point of order.” Again, the chair would ask the interrupter to “state your point.” Appropriate points of order relate to anything that would not be considered appropriate conduct of the meeting. For example, if the chair moved on to a vote on a motion that permits debate without allowing that discussion or debate.

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RESOLUTION APPROVING

CHANGES TO ESTABLISHED

RULES FOR THE CONDUCT

OF CITY COUNCIL

MEETINGS AND SUBSIDIARY

BOARDS AND

COMMISSIONS

Recommended Action
Staff recommends City Council:

1. Discuss whether draft Resolution applies to
boards and commissions;

2. Delay implementation of accepting and
displaying visual aid for agenda items until a
policy is drafted; and

3. Adopt a Resolution adding Section 8.2,
adopting Rosenberg’s Rules of Order for
subsidiary boards and commissions.

On September 26, 2024,
the City was the target of
a coordinated
zoombombing attack.

Staff was unable to
immediately detect the
incident. Many cities
reverted to in-person
participation only due to
complications with virtual
platforms.

During COVID-19, the City
began accepting visual
aid and it was discontinued
when Resolution RES-24-
7414 was adopted.

This feature was often used
by the same individuals to
target sitting
Councilmembers and
without a formal IT policy, it
exposed the City to
possible cyberattacks,
ransomware, and
malware.

What are South Bay
cities doing now?
Remote participation
(Zoom) was
implemented in
response to the
COVID-19
pandemic.

Background

South Bay Cities Survey
• Most cities do not allow the public to
participate via Zoom (in-person only)
• Most cities limit comments to 3 minutes per
speaker.
• Only Manhattan Beach accepts visual aid to
be shared live by the Clerk’s office. The
process involves the IT department scanning
submissions for cyber security purposes.

South Bay Cities Survey Continued
• Most cities have subsidiary boards and
commissions follow the same rules as City Council.
• Responses were received from Carson, El Segundo,
Gardena, Hawthorne, Inglewood, Lomita,
Manhattan Beach, Rolling Hills, and Torrance.
• No responses were received from Palos Verdes
Estates, Rancho Palos Verdes, Redondo Beach,
and Rolling Hills Estates.

REVISED AGENDA CATEGORIES
• Updates from City Council Ad Hoc
Subcommittees and Standing Committee Delegates/Alternates was separated from City Councilmember Comments
• City Manager Report was moved
after Future Agenda Items
• Informational Items was added
before adjournment
• Second General Public Comment
category was removed
WHAT’S NEW?
• Visual aid was added for
comments on agenda
items pending
Audio/Visual Policy
• Rosenberg’s Rules of
Order is being
recommended for
subsidiary boards and
commissions
Main Changes of Draft Resolution

Recommended Action
Staff recommends City Council:

1. Discuss whether draft Resolution applies to
boards and commissions;

2. Delay implementation of accepting and
displaying visual aid for agenda items until a
policy is drafted; and

3. Adopt a Resolution adding Section 8.2,
adopting Rosenberg’s Rules of Order for
subsidiary boards and commissions.

City of Hermosa Beach | Page 1 of 7
Meeting Date: September 9, 2025
Staff Report No. 25-CDD-120
Honorable Mayor and Members of the Hermosa Beach City Council

APPROVAL OF PROFESSIONAL SERVICES AGREEMENTS FOR ON CALL

DEVELOPMENT PLAN REVIEW AND STAFF AUGMENTATION SERVICES TO TRB & ASSOCIATES, INC AND WILLDAN ENGINEERING.

CEQA: Determine the project is exempt from the California Environmental Quality Act. (Community Development Director Alison Becker)
Recommended Action:

Staff recommends City Council:

1. Award a contract for on-call development development plan review and staff augmentation services to TRB & Associates, Inc at a not-to-exceed amount of $200,000 per year for a five year term (Attachment 3);

2. Award a contract for on-call development plan review and staff augmentation services to Willdan Engineering at a not-to-exceed amount of $200,000 per year for a five year term (Attachment 7); and

3. Authorize the City Manager to execute the proposed agreement, approve minor modifications if necessary, and execute all related documents, with the City Clerk attesting the agreements subject to approval by the City Attorney.

Executive Summary:

The City of Hermosa Beach relies on third-party professional service providers to supplement development plan review and staff augmentation services, ensuring timely and technically proficient reviews to meet community expectations and maintain consistent compliance with the California Building Standards Code. The Community Development Department issued a competitive Request for Proposals (RFP 24-005) seeking qualified firms to provide on-call development plan review and staff augmentation services. Sixteen proposals were received and evaluated against the City’s established criteria.

Based on the evaluation, staff recommends the City Council award professional services agreements to TRB & Associates, Inc. and Willdan Engineering. Both firms demonstrated extensive municipal experience, cost-effectiveness within their established fee structures, and the technical resources necessary to deliver responsive, high-quality development plan review and community development staff augmentation services across multiple disciplines. The agreements will each establish a not-to-exceed annual contract amount

City of Hermosa Beach | Page 2 of 7
of $200,000 for a five-year term ending September 30, 2030, for a combined cumulative not-to-exceed amount of $1,000,000.

Approval of these agreements will ensure the City maintains flexibility to address fluctuating development plan review workloads and support needs, avoid permitting delays, and uphold its commitment to customer-friendly service and consistent code compliance.

Background:

The City of Hermosa Beach Community Development Department relies on the assistance of third-party professional service providers to ensure compliance with the California Building Standards Code and to meet community expectations for timely, technically proficient, and responsive services. Similar to many smaller jurisdictions, the Department does not employ in-house plan review engineers, fire life safety experts, or other specialists required to perform the full range of development plan review functions.

To remain flexible and manage fluctuating workloads, the Department contracts for oncall support that includes both development plan review and community development staff augmentation. Contracting with qualified firms allows the City to ensure the consistent application of standards while providing responsive services to residents, businesses, and developers.

The Department currently maintains plan review service agreements with Hayer Consultants and Willdan Engineering. In October 2020, City Council approved an agreement with Hayer Consultants through June 30, 2025. To address staffing vacancies and workload demands, the City subsequently entered into an agreement with Willdan Engineering in July 2022 for on-call staff augmentation and plan review services, which has since been amended multiple times and is now extended through August 31, 2025.

The budget for contract building plan review services is $200,000 annually, fully funded through plan check and permit fees, with allocations included the FY 2025–26 budget.

To ensure continuity of service, enhance flexibility, and respond to fluctuating volumes of permit activity, the City issued a Request for Proposals (Attachment 1) seeking qualified firms to provide on-call support that includes both development plan review and community development staff augmentation. Consistent with the City’s policy to periodically test the market for professional services, the solicitation generated sixteen proposals from experienced firms offering a wide range of technical expertise. Staff evaluated the proposals in accordance with the City’s established criteria, which emphasized approach and methodology, demonstrated experience, municipal qualifications, availability, cost-effectiveness, and responsiveness. Reference checks and, where appropriate, follow-up discussions were also conducted. Based on this comprehensive review, staff recommends awarding new on-call development plan review and community development staff augmentation contracts to TRB & Accociates, Inc and Willdan Engineering. These firms will provide development plan review and community

City of Hermosa Beach | Page 3 of 7
development staff augmentation across all major disciplines, including structural, electrical, mechanical, plumbing, fire/life safety, water-efficient landscape standards, energy compliance, and related staff augmentation services to help manage workload demands related to permit processing and administration on an as-needed basis.

On-call development plan review and staff augmentation contracts provide the City with the flexibility to adapt to changing service demands, maintain consistent code compliance, and reduce permit processing timelines. This approach supports Hermosa Beach’s mission of delivering first-class municipal services in a customer-friendly manner and aligns with strategic goals of operating as a high-performing organization committed to public safety and community responsiveness.

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

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

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

January 23, 2024 City Council approves third amendment for an agreement with Willan Engineering for on call staff augmentation.

September 24, 2024 City Council approves fourth amendment for an agreement with Willdan Engineering for on call staff augmentation.

February 25, 2025 City Council approves fifth amendment for an agreement with Willdan Engineering for on call staff augmentation.

June 24, 2025 City Council approves sixth amendment for an agreement with Willdan Engineering for on call staff augmentation.

Analysis:

On December 3, 2024, the City issued a Request for Proposals (Attachment 1) seeking qualified firms to provide on-call development plan review and staff augmentation services to support the Community Development Department. The RFP was publicly advertised through PlanetBids, consistent with the City’s competitive solicitation procedures. A total of sixteen proposals were received in response to the RFP.

The purpose of the solicitation was to identify firms with the expertise and resources to provide timely, technically proficient, and code-compliant development plan review across multiple disciplines including structural, electrical, mechanical, plumbing, fire/life safety, water-efficient landscape standards, and energy compliance, as well as related staff augmentation services on an as-needed basis. The Department required firms to demonstrate their ability to deliver services on an as-needed basis, ensuring

City of Hermosa Beach | Page 4 of 7
responsiveness to fluctuating workloads and maintaining the City’s target initial plan review timeframe.

The proposing firms are listed below in alphabetical order:
 4LEAF, Inc.
 Bureau Veritas North America, Inc.
 CSG Consultants, Inc.
 Gulati Construction Company, Inc.
 Hayer Consultants
 Interwest Consulting Group, Inc.
 J. Lee Engineering, Inc.
 JAS Pacific
 MNS Engineers
 Shums Coda Associates, Inc.
 The Code Group, Inc. (VCA Code)
 Transtech Engineers, Inc.
 TRB & Associates, Inc.
 True North Compliance Services, Inc.
 West Coast Code Consultants, Inc. (WC³)
 Willdan Engineering
The proposals were independently evaluated in detail by a staff review panel and scored against the City’s established evaluation criteria, weighted as follows:
 Relevant Experience and Expertise (35 percent)
o Demonstrated experience providing municipal building plan review services.
o Qualifications and appropriateness of key technical staff for the required scope.
o Ability to dedicate a strong project manager as a single point of contact.  Approach and Methods (30 percent)
o Ability to provide responsive and high-quality customer service. o Capacity to work collaboratively with City staff, applicants, and other agencies.
o Clear, tailored approach to plan review that addresses Hermosa Beach’s needs.
o Incorporation of innovative methods to improve efficiency and turnaround times.
 Timeframe and Costs (25 percent)
o Ability to meet City timeframes for plan review turnaround.

City of Hermosa Beach | Page 5 of 7
o Demonstrated cost-effectiveness within established fee structures.  Administration (10 percent)
o Compliance with billing requirements.
o Acceptance of the City’s Professional Services Agreement terms.

Following evaluation of written proposals and reference checks, staff determined that two firms best met the City’s needs: TRB & Associates, Inc (Attachment 2) and Willdan Engineering (Attachment 6). Both firms demonstrated exceptional qualifications, extensive municipal experience, and strong technical resources capable of ensuring uninterrupted service delivery.

The proposer rankings are as follows:

Ranking Company
1 Willdan Engineering
2 TRB & Associates, Inc.
3 Shums Coda Associates, Inc.
4 Bureau Veritas North America, Inc.
5 4LEAF, Inc.
6 CSG Consultants, Inc.
7 Interwest Consulting Group, Inc.
8 JAS Pacific
9 J. Lee Engineering, Inc.
10 MNS Engineers
11 The Code Group, Inc. (VCA Code)
12 Transtech Engineers, Inc.
13 True North Compliance Services, Inc.
14 West Coast Code Consultants, Inc. (WC³)
15 Gulati Construction Company, Inc.
16 Hayer Consultants
Staff recommends awarding professional services agreements to the top two ranked firms, with the scope of work identified in Exhibit A (Attachment 4). The proposals submitted by TRB & Associates, Inc. (Attachment 3) and Willdan Engineering (Attachment 7) demonstrated the greatest understanding of the City’s needs and the ability to provide on-call development plan review and community development staff augmentation services while ensuring the highest quality. Willdan Engineering, has provided on-call services for the City since 2023 and has provided exceptional service.

TRB & Associates, Inc. has the expertise and resources to provide timely, technically proficient, and code-compliant plan review across multiple disciplines, as well as related staff augmentation services, currently providing similar services for other municipalities

City of Hermosa Beach | Page 6 of 7
throughout Southern California. Both firms also demonstrated cost-effectiveness within their established fee structures, as outlined in their respective fee schedules (Attachments 5 and 7). Staff contacted references provided in the respective proposals and received positive comments about each firm’s work.

If approved, on-call development plan review and staff augmentation services would begin on October 1, 2025, with both firms. Staff recognized the need to have two on-call development plan review and staff augmentation teams for provide flexibility, respond to increases in workload, address staffing vacancies, and maintain best-practice timelines for development services. This approach improves timeliness and efficiency that meets the needs of the City and the community. Awarding contracts to TRB & Associates, Inc. and Willdan Engineering will ensure the City maintains continuity of operations, improves turnaround times, and upholds its commitment to customer-friendly service and consistent code compliance.

The proposed contract for each firm includes a not-to-exceed amount of $200,000 and a term of five years ending September 30, 2030. While the total not-to-exceed amount for the two contracts combined is substantive at $1,000,000, the contracts would be utilized on an as-needed basis over five years. On-call agreements do not guarantee any amount of work and offer the City flexibility.

Fiscal Impact:

The Fiscal Year 2025-26 Contract Services budget for building plan review services is $200,000. The City recovers costs through building plan review fees.

If approved, the professional services agreements will establish a not-to-exceed annual contract amount of $200,000 per fiscal year for on-call development plan review and community development staff augmentation services. The agreements are proposed for a five-year term, with a cumulative not-to-exceed amount of $1,000,000 over the contract period, as reflected in the attached table.

Staff intends to revisit the on-call service activity at Fiscal Year 2025-26 Midyear and budget the remainder of the on-call building plan review service contracts as part of the future City fiscal year budget cycles.

Agreement Request
On-Call Agreement Request
Amount
FY 2025-26 Budget
Dept. Account #
Total Contract
Amount
TRB & Associates, Inc. Up to $200,000 001-4201-4201 $200,000 per Willdan Engineering Up to $200,000 fiscal year
Total Over 5 Year Term $1,000,000

City of Hermosa Beach | Page 7 of 7
Attachments:

1. RFP24-005 for On Call Development Plan Review Services

2. TRB and Associates, Inc Proposal

3. TRB and Associates Inc PSA

4. Exhibit A – Scope of Services

5. Exhibit B – TRB and Associates, Inc Fee Schedule

6. Willdan Engineering Proposal

7. Willdan Engineering PSA

8. Exhibit B – Willdan Engineering Fee Schedule
Respectfully Submitted by: Guillermo Hobelman, Building and Code Enforcement Official
Concur: Alison Becker, Community Development Director
Noted for Fiscal Impact: Henry Chao, Finance Manager
Concur: Brandon Walker, Administrative Services Director Legal Review: Todd Leishman, Interim City Attorney
Approved: Steve Napolitano, Interim City Manager

REQUEST FOR PROPOSALS (RFP 24-005)

ON-CALL DEVELOPMENT PLAN REVIEW AND SUPPORT SERVICES

IN THE CITY OF HERMOSA BEACH, CALIFORNIA

CITY OF HERMOSA BEACH
Department of Community Development
1315 Valley Drive
Hermosa Beach, CA 90254
(310) 318-0235

RFP 24-005 City of Hermosa Beach

RFP 24-005 TITLE: ON-CALL DEVELOPMENT PLAN REVIEW AND SUPPORT

SERVICES
REQUESTING DEPARTMENT: Community Development Department RELEASE DATE: December 3, 2024
DUE DATE: Wednesday, January 8, 2025 @ 5:00 p.m. PST
Notice is hereby given that the Department of Community Development of the City of Hermosa Beach will receive proposals for:

RFP 24-005, ON-CALL DEVELOPMENT PLAN REVIEW AND SUPPORT SERVICES Proposals must be submitted as PDF via the PlanetBids Portal pbsystem.planetbids.com/portal/51313/portal-home. Proposals will be received until 5:00 p.m. PST, Monday, January 8, 2025.

Proposals will be evaluated by the Community Development Department for verification and to ensure compliance with Specifications, with a subsequent recommendation to City Council for award of a contract or rejection of the responses, as deemed appropriate. The City reserves the right to make no award.

Please direct any inquiries regarding this RFP to:

Guillermo Hobelman at [email protected].

All questions regarding the content of the proposal may be emailed to Guillermo Hobelman referenced above.

Dated: December 3, 2024
www.hermosabeach.gov

CITY OF HERMOSA BEACH
1315 Valley Drive, Hermosa Beach, CA, 90254
Phone: (310) 318-0235

RFP 24-005 City of Hermosa Beach

Table of Contents
1 Introduction............................................................................................................................4

1.1 Invitation for Proposals....................................................................................................4

1.2 RFP Timeline .....................................................................................................................4

1.3 Submittal Procedures......................................................................................................5

1.4 Contact............................................................................................................................5

1.5 General RFP Conditions ..................................................................................................5

2. Project Overview ..................................................................................................................9

2.1 City Location and Characteristics..................................................................................9

2.2 Objective and Goals.....................................................................................................10

2.3 Relevant Plans, Policies, Programs, or Projects...........................................................10

3. Scope of Services ...............................................................................................................11

4. Proposal Submittal Instructions ..............................................................................................

4.1 Proposal Format.............................................................................................................12

4.2 Proposal Content...........................................................................................................12

4.2.1 Cover Letter ............................................................................................................13

4.2.2 Firm Profile ...............................................................................................................13

4.2.3 Project Understanding and Approach to Scope of Work...................................13

4.2.4 Project Management Plan ....................................................................................14

4.2.5 Experience and Qualifications ..............................................................................15

4.2.6 Required Forms .......................................................................................................16

4.2.7 Cost Proposal ..........................................................................................................16

5. Proposal Evaluation and Selection....................................................................................18

5.1 Proposal Review Process ..............................................................................................18

6. Contract Expectations........................................................................................................20

6.1 Contract Period .............................................................................................................20

6.2 Professional Services Agreement.................................................................................20

6.3 Standards of Work .........................................................................................................20

6.4 Invoicing and Payment.................................................................................................20

7.2 Required Forms..............................................................................................................30

7.2.1 Certification of Proposal.........................................................................................31

7.2.2 Non-Collusion Affidavit...........................................................................................32

7.2.3 Compliance with Insurance Requirements..........................................................33

7.2.4 Acknowledgement of Professional Services Agreement....................................34

7.2.5 COVID Vaccination Certification..........................................................................35

RFP 24-005 City of Hermosa Beach

1 Introduction

1.1 Invitation for Proposals
The City of Hermosa Beach Community Development Department is seeking proposals from qualified individuals or firms to provide on-call development plan review services, and community development staff augmentation services. Proposer(s) must have the expertise and experience to perform these services and must demonstrate that they have the resources available to perform the work described in the RFP.

The primary responsibilities include the review and checking of construction documents, structural design calculations, and all other supplemental documents, system plans and design calculations. All reviews are to be completed electronically using Bluebeam. In addition, the firm is to provide on-call community development staff augmentation services.

The firm's staff will augment City staff on an as-needed basis to ensure the Community Development Department performs within the acceptable timeframes, according to City standards. Community Development staff augmentation services may include onsite plan review services, inspection services, code enforcement services, and other related staff that are needed to ensure compliance with the municipal codes, building codes, zoning codes, and other regulations of the City.

Should an award be made, the selected Consultant(s) will enter into a professional services agreement with the City of Hermosa Beach to provide these services. The City anticipates a contract start date within the first quarter of 2025.

1.2 RFP Timeline
RFP posted December 3, 2024
Deadline to submit written questions December 27, 2024
Responses to questions January 2, 2025
Deadline to submit proposals January 8, 2025 - 5 PM PST Tentative award First Quarter of 2025

RFP 24-005 City of Hermosa Beach

1.3 Submittal Procedures
Proposes shall submit one copy of the proposal and one copy of the fee schedule in PDF format on the PlanetBids Portal.

No proposals will be accepted after the listed date and time. The format, content, and procedures for submitting a proposal are provided in further detail within the RFP. (Check Section 4 for complete submittal procedures)

1.4 Contact
Please direct any inquiries regarding this RFP to Guillermo Hobelman at [email protected]. All questions regarding the content of the proposal may be emailed to Guillermo Hobelman referenced above.

1.5 General RFP Conditions
The following instructions and conditions apply to this RFP:

Pre-Contractual Expenses
The City of Hermosa Beach shall not, in any event, be liable for any pre-contractual expenses incurred by any consultant. In addition, no consultant shall include any such expenses as part of the price proposed. Pre-contractual expenses are defined as expenses incurred by bidders in:
• Preparing a proposal in response to this RFP.
• Submitting that proposal to the City of Hermosa Beach. • Negotiating with the City of Hermosa Beach any matter related to this RFP, proposal, and/or contractual agreement.
• Any other expenses incurred by the consultant prior to the date of an executed contract.

Authority to Withdraw RFP and/or Not Award Contract
The City of Hermosa Beach reserves the right to withdraw this RFP at any time for any reason without prior notice. Further, the City makes no representations that any agreement will be awarded to any consultant responding to this RFP. The City expressly reserves the right to reject any and all proposals in response to this RFP without indicating any reasons for such rejection(s).

The release of this RFP does not obligate or compel the City to enter into a contract or agreement.

RFP 24-005 City of Hermosa Beach

Authority to Revise RFP and Request Additional Information The City reserves the rights to amend the RFP at any time, to determine the successful respondent(s), and to reject any or all Proposals or their components. Should it be necessary for the City to issue addendums to this RFP during the proposal period, the City will post addendums to the PlanetBids Portal. It is the responsibility of all prospective proposers to check PlanetBids regularly to see whether any addenda or supplemental materials have been issued. Proposals shall acknowledge that the consultant is aware of all addendums which have been issued and has incorporated their provisions in their proposal by completing the Certification of Proposal Form.

The City reserves the right, to request additional information or clarifications from consultants where it may serve the City’s best interest.

Other Conditions
• ADDITIONAL SERVICES. The Scope of Work describes the minimum work to be accomplished. Upon final selection of the firm(s), the Scope of Work may be modified and refined during negotiations with the City. Any proposer that provides additional services can include those services in the proposal and list them as additional services.
• AUTHORIZED SIGNATURES. Every proposal must be signed by the person or persons legally authorized to bind the consultant to a contract for the execution of the work. Upon request of the City, any agent submitting a proposal on behalf of a consultant shall provide a current power of attorney certifying the agent’s authority to bind the consultant.
• AWARD OF PROPOSAL. City reserves the right to negotiate final terms with the selected consultant, if any. Award may be made to the consultant offering the most advantageous proposal after consideration of all criteria. • COMPLIANCE WITH LAWS. All proposals shall comply with current federal, state, and other laws relative thereto.
• CONFLICT OF INTEREST. By signing the Certification of Proposal, the consultant 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 Qualifications, consultant 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.
• DISQUALIFICATION OF PROPOSER. If there is reason to believe that collusion exists among the consultants, the City may refuse to consider proposals from participants in such collusion. No person, firm, or corporation under the same or

RFP 24-005 City of Hermosa Beach

different name, shall make, file, or be interested in more than one proposal for the same work unless alternate proposals are called for. Reasonable grounds for believing that any consultant is interested in more than one Proposal for the same work will cause the rejection of all Proposals for the work in which a consultant is interested. Consultants shall submit as part of their Proposal documents the completed Non-Collusion Affidavit.
• EXAMINATION OF DOCUMENTS. It is the responsibility of the consultant to carefully and thoroughly examine and be familiar with these RFP documents, general conditions, all forms, specifications, drawings, plans, and addendums (if any).

Consultants shall satisfy themselves as to the character, quantity, and quality of work to be performed and materials, labor, supervision necessary to perform the work as specified by these documents. The failure or neglect of the consultant to examine documents shall in no way relieve the consultant from any obligations with respect to the solicitation for and subsequent contract that may be awarded.

The submission of a proposal shall constitute an acknowledgment upon which the City may rely that the consultant has thoroughly examined and is familiar with the RFP documents. The failure or neglect of a consultant to receive or examine any of the documents shall in no way relieve the consultant from any obligations with respect to the proposal. No claim will be allowed for additional compensation that is based upon a lack of knowledge of any solicitation document. • INTERPRETATION OF RFP DOCUMENTS. City reserves the right to make corrections or clarifications of the information provided in this RFP. If any person is in doubt as to the true meaning of any part of this RFP documents, or finds discrepancies or omissions in the document, the person may submit to the City a written request for an interpretation or correction. Oral statement(s), interpretations or clarifications concerning meaning or intent of the contents of this RFP by any person are unauthorized and invalid. Modifications to the RFP, including, but not limited to the scope of work, can be made only by written addendum issued by the City.

Proposers shall submit all questions in writing to the contact listed in the announcement or submitted on the PlanetBids Portal. Proposers may not contact any other staff members with questions. The requesting party is responsible for prompt delivery of any requests. When the City considers interpretations necessary, interpretations will be in the form of an addendum to the RFP documents, and when issued, will be sent as promptly as is practical to all parties recorded by the City as having received RFP documents. All such addenda shall become a part of the RFP document. It is the responsibility of each consultant to ensure the City has their correct business name, mailing address and e-mail address on file through the PlanetBids online portal. Any prospective consultants who obtained a set of RFP documents from the PlanetBids online portal are responsible for checking PlanetBids to verify if any subsequent Addendums were issued.
• IRREGULARITIES. City reserves the right to waive non-material irregularities if such would be in the best interest of the City as determined by the City Manager.

RFP 24-005 City of Hermosa Beach

• NON-DISCRIMINATION. Consultant represents and warrants that it does not and will not discriminate against any employee or applicant for employment because of race, religion, gender, color, national origin, sexual orientation, ancestry, marital status, physical condition, pregnancy or pregnancy-related condition, political affiliation or opinion, age or medical condition.
• NON-EXCLUSIVE. Should the City make an award, the successful consultant will enter into a NON-EXCLUSIVE professional services agreement and the City reserves the right to enter into agreements with other firms.
• OFFERS OF MORE THAN ONE PRICE. Consultants are NOT allowed to submit more than one cost proposal.
• OWNERSHIP. All data, documents and other products used or developed during the RFP process become the property of the City upon submission. All bid proposals and documents submitted in response to this RFP shall become the property of the City and a matter of public record pursuant to Government Code sections 6250 et seq. Proposals should not be marked as confidential or proprietary, and City may refuse to consider a proposal so marked. All Information contained within the proposals will become a matter of public record. It is the responsibility of each bidder to clearly identify any and all information contained within its bid proposal that it considers to be confidential and/or proprietary. To the extent that the City agrees with that designation, such information will be held in confidence whenever possible. All other information will be considered public. • PROFESSIONAL SERVICES AGREEMENT. Prior to awarding any work, the selected Consultant will be required to execute a professional services agreement (sample attached) with the City. Any proposed change to the agreement shall be identified in the response to the Request for Qualifications (RFP) and shall be subject to the sole approval of the City. The City requires the Consultant to obtain and maintain a policy of professional liability and other insurance as indicated in the agreement.
• NO PUBLIC BID PROPOSAL OPENING/PUBLIC RECORDS ACT. Proposals shall be opened and its contents secured by City staff to prevent disclosure during the evaluative process and the process of negotiating with competing consultants.

Adequate precautions shall be taken to treat each consultant fairly and to insure that information gleaned from competing proposals is not disclosed to other Consultants. Prices and other information concerning the proposals shall not be disclosed until a recommendation for award is made to the awarding authority. • PUBLIC RECORD. All proposals submitted in response to this RFP will become the property of the City upon submittal and a matter of public record when the City selects a proposer for recommendation to the City Council for its consideration pursuant to applicable law.
• REPRESENTATIONS. Consultant understands and acknowledges that the representations made in their submitted proposal are material and important, and

RFP 24-005 City of Hermosa Beach

will be relied on by the City in evaluation of the proposal. Consultant misrepresentation shall be treated as fraudulent concealment from the City of the facts relating to the proposal.
• SEVERABILITY. If any provisions or portion of any provision, of this Request for Qualifications are held invalid, illegal or unenforceable, they shall be severed from the Request for Qualifications and the remaining provisions shall be valid and enforceable.
• SUBCONTRACTOR INFORMATION. If the proposal includes the use of sub consultants, consultant must identify specific sub consultants and the specific requirements of this RFP for which each proposed sub consultant would perform services. All sub consultant 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. Consultants’ 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.

2. Overview

2.1 City Location and Characteristics
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 and east by the City of Manhattan Beach, on the south and east by the City of Redondo Beach, and on the west by the Pacific Ocean. Hermosa Beach strives to provide residents and visitors alike with the opportunity for a high quality of life that includes offering a range of safe and convenient transportation options. The city limits for Hermosa Beach encompass a relatively small land area, approximately 1.4 square miles and a shoreline of approximately two miles.

In 2020, the City of Hermosa Beach had an estimated population of 19,728. The City plays host to several major special events held throughout the year and visitors can increase the population to over 100,000 people on an average summer weekend.

Hermosa Beach includes nearly two miles of shoreline and varies in width between onehalf mile and approximately one mile inland. Elevations in the City range from sea-level and rise up to 250 feet in elevation. With a land area of 1.4 square miles, Hermosa Beach has a high population density, with approximately 13,900 people per square mile. There

RFP 24-005 City of Hermosa Beach

has been an increased level of residential and commercial developments throughout the City with the goal to maximize parcel utilization which has led to test/challenge the City’s existing public infrastructure and municipal code guidelines.

2.2 Objective and Goals
The City of Hermosa Beach Community Development Department is seeking proposals from qualified individuals or firms to provide on-call development plan review services, and community development staff augmentation services that achieve the following goals:
• Establish a pro-active approach to identifying, evaluating, documenting, and resolving development administration, permitting, plan review, building inspection, code enforcement and other related capacities to assist in achieving the goals identified by the City's General Plan, Municipal Code, and applicable codes, standards, documents, and reports.
• Consistent application of Community Development standards and timely review and responses to service requests
i. Standard Review period shall be two weeks
ii. Expedited Review period shall be one week
iii. Email responses within 8 hours or one business day • Conduct and document site visits to identify possible opportunities to improve plans and processes, and establish standard practices to expedite plan checking process
• Assist the Community Development Department, including the Building and Safety Division, Code Enforcement Division, and Planning Division staff with developing, and improving, handouts, guidelines, process improvements, and other related policy and procedure assistance.

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 website links are provided for your convenience:
• Community Development Department
o https://www.hermosabeach.gov/our-government/communitydevelopment • Community Development Plans and Programs
o https://www.hermosabeach.gov/our-government/communitydevelopment/programs-projects-plans • Building Division
o https://www.hermosabeach.gov/our-government/communitydevelopment/building-division

RFP 24-005 City of Hermosa Beach

• Code Enforcement Division
o https://www.hermosabeach.gov/our-government/communitydevelopment/code-enforcement • Planning Division
o https://www.hermosabeach.gov/our-government/communitydevelopment/planning-division • Hermosa Beach, CA Municipal Code
o https://online.encodeplus.com/regs/hermosabeach-ca/docviewer.aspx#secid--1 • Community Development Applications, Forms, and Handouts o https://www.hermosabeach.gov/our-government/communitydevelopment/applications-forms-handouts

3. Scope of Services
The City of Hermosa Beach Community Development Department is seeking proposals from qualified individuals or firms to provide on-call development plan review services, and community development staff augmentation services, with the expertise and capacity to review a variety of development related plans in accordance with applicable local municipal codes, and building codes, including the California Building Standards Code, inclusive, structural calculations, Title 24 reports, accessibility, and fire/life safety standards on a variety of plans, including commercial and residential development, as well as public facilities . These services also include preliminary review of discretionary applications (Conditional Use Permits) for significant building code issues in coordination with the Planning Division; assisting in improving plan checking procedures/practices/policy; advise on regulations at the counter or on the phone, attending coordination meetings with applicants as needed; coordinating responses to applicants submitted questions; and building submittal guidelines and handouts.

The City is looking for creativity from proposers to provide an approach that will result in the efficient and effective development or provision of services. The City is therefore open to proposers identifying a different scope of services, or recommending the addition or removal of items, so long as the project objectives are met, and the rationale for additions or removal are clearly articulated.

Hermosa Beach has a highly engaged community and anticipates that community engagement efforts on any policy or system changes will be a necessary component to the successful implementation of the responsibilities identified.

The City of Hermosa Beach is seeking consultants to assist the Community Development Department in managing the day-to-day needs of the City and its citizens and provide serval services including staff augmentation services that may include, but not limited to:
a. Provide in-house staff support as needed for plan check services. Provide at least 2-days a week at the City.

RFP 24-005 City of Hermosa Beach

b. Be available to meet with City Staff or answer City Staff emails and inquiries pertaining to plan check projects within 8-hours or one business day. c. Provide a process or digital platform for submitting plans and documents and tracking plan check progress.
d. Review plans submitted by developer applicants and provide written comments to the City. Reviews may include overall site design including notes on plans and plan check submittals for Structural, Architectural, Mechanical, Electrical, Plumbing, Framing, Demolition, Details, Best Management Practices, T24 documentations as well Energy Code compliance, Landscaping Plans and Solar submittals as needed, for the current code cycle, etc.
e. Review and provide written comments to the City.
f. Inspection services, code enforcement services, and other related staff augmentation that is needed to ensure compliance with the municipal codes, building codes, zoning codes, and other regulations of the City. g. Attend video conference calls, coordination, reporting, and follow up meetings with the Community Development Department, residents, applicants, and design engineers as needed.
h. Development of guidelines for the Community Development Department handouts (such as Typical wall designs, Retaining Walls, Patio Covers, HVAC typical details, pools, etc.), for trees and plantings, development of City standards plan and details, fees, processes improvements, easement policy, etc.

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.

RFP 24-005 City of Hermosa Beach

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.

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

Information should include, but is not limited to the following information:
• Official name and address.
• Name, address, email, and telephone number of the consultant’s primary point of contact.
• Type of business entity of consultant (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 consultant has been in business under the present business name.
• Number of years of experience the consultant has had in providing required, equivalent, or related services.
• Any failures or refusals to complete a contract, and explanation.

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

Statement of Project Understanding
Consultant must include in this section its understanding of the project and understanding of the Scope of Services noted herein. Consultant should be able to articulate a thorough

RFP 24-005 City of Hermosa Beach

understanding of the State, County and Local requirements, and other industry standards applicable to the project or services to be provided.

Organizational Chart
Consultant 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.

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 project objectives.

This section should also include proposed approaches and techniques to engagement of community and stakeholders in the process of developing projects.

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
Consultant shall provide the City with a list of any additional services that the firm can provide. Consultant 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. Consultant 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 Project Management Plan
Key to a creative, effective, and efficient delivery of projects is close coordination and communication between the City, community, and the selected consultant. In this section, proposers should provide information on scheduling, and describe the firm or project manager’s approach to communications and quality assurance/quality control.

Communications Approach
Proposers should describe their recommended or preferred approach to project communications between the City and Consultant Team. Communications protocols for coordinating with other City departments and staff as needed and with applicants as

RFP 24-005 City of Hermosa Beach

authorized by the Building Department. Consultant should have the capability to run virtual meetings.

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

Summary of Relevant Clients
Proposers should highlight representative projects that are similar in scope to the services requested to demonstrate the firm ’s depth of experience and familiarity with similar projects. For each project, please include the following information, at a minimum:
• Year started and completed (if relevant)
• Contracting Agency + Department
• Project Description
• Key Personnel Assigned - staffed FT/PT
• Contract Value
References
Consultant must provide at least three (3) references for which consultant 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 consultant shall provide resumes indicating the experience and qualifications for the key personnel identified in the organization chart. Consultant 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
• Position and Role for This Project
• Degrees and Certifications
• Professional Memberships/Registrations
• Summary of Experience
• Work on Representative Project Similar in Scope

RFP 24-005 City of Hermosa Beach

If sub-consultants are to be used as part of this proposal, a resume of the sub-consultant and relevant experience is to be included in the same format.

4.2.6 Required Forms
Consultant shall review, acknowledge and submit the following forms:
• Certification of Proposal. Consultant 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.Consultant is required to sign and submit the NonCollusion Affidavit. (See section 7.2.2) • Compliance with Insurance Requirements. Consultant 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) • Acknowledgement of Professional Services Agreement. Consultant 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. Consultant 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 the PlanetBids Portal as a separate file, labeled “Cost Proposal” and indicate the firm’s name. The cost proposal shall include a listing of hourly rates for services, by type of personnel and/or service.

Consultant 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.

The Cost Proposal must also state if the proposed hourly rate(s) for key personnel is guaranteed for the term of an agreement (if awarded) or if it is subject to adjustments. If

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subject to adjustments, consultant must state the frequency of adjustments and how adjustments are determined and include a rate sheet for each year of the contract term.

Other direct costs, intended to be charged to the City, need to be stated. Provide a proposed schedule of total fees proposed for the components of the scope that you are submitting a proposal for and a listing of estimated other direct costs. Provide a listing of hourly rates for services, by type of personnel and/or service. See sample below:

PLAN REVIEW HOURLY RATE COMMENTS
Building Plan Review $
MEP Plan Review $
Grading $
Spoils Reports Review $
Other $

TURN AROUND TIME COMMENTS
Regular working days
Expedited working days
Others working days

ONSITE STAFFING CAPABILITY &

RATE/HR COMMENTS
Building Inspector $
Plan Reviewer $
MEP Plan Reviewer $
Permit Technician $
Building Official $
Code Enforcement
Officer &
Others $

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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 consultants 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.

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 consultants, which may include persons not listed as references, and this will help inform the City’s decisions. The City will select a consultant 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 consultants, 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.

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• Incorporation of innovative and/or creative approaches for providing the services that will maximize efficient, cost-effective operations or increased performance capabilities.
• 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 products and services as detailed in the project management project management plan.

Relevant Experience & Expertise (35%):
• Recent experience preparing similar projects or providing similar services for jurisdictions.
• Familiarity and experience with applicable industry standards and any relevant federal, state, or local requirements.
• The depth and appropriateness of experience of individual members of the technical team as they relate to the specific technical tasks called for by the project.
• The consultant team’s ability to dedicate a strong project manager that will serve as a single point of contact for the duration of the plan check. • The team’s experience and ability to clearly communicate technical concepts and terminology with the community, architects, engineers and applicants.

Timeframe and Costs (25%):
• Display of responsive timeframe to assigned plan reviews and assignments. • Evidence of the team’s ability to successfully deliver project tasks and deliverables 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.

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6. Contract Expectations

6.1 Contract Period and Amount
The City anticipates selecting up to two (2) consultants, or consultant teams, and awarding each a five (5) year contract up to one million dollars ($1,000,000) each with terms beginning around February 1, 2025.

6.2 Professional Services Agreement
The selected consultant 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, Consultant shall submit the matter to City for clarification. Any work affected by such conflicts, ambiguities, discrepancies, errors or omissions which is performed by Consultant prior to clarification by City shall be at Consultant's risk and expense.

6.4 Invoicing and Payment
Each invoice shall contain a progress report describing the work completed during the billing period. The contract will be set up as a not to exceed rate to be billed monthly based on hours worked. Invoices are to be submitted monthly. The invoices shall reference the project title, and must list the charges by task, worker classification, hours, billing rate, and totals. Back up information must be submitted together with the invoices.

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.

7. Attachments and Required Forms

7.1 Sample Professional Services Agreement

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CONTRACT FOR PROFESSIONAL SERVICES TO
________________________________________________________________ BETWEEN THE CITY OF HERMOSA BEACH AND ___________________________ This AGREEMENT is entered into this day of , 2023, by and between the CITY OF Hermosa Beach, a general law city a municipal corporation (“CITY”) and _, a limited liability company (“CONSULTANT”).

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

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

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

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

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

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

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

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

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

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

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

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

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

TERM OF AGREEMENT. The term of this Agreement shall commence upon execution by both parties and shall expire on __________, 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 and the contract time will be adjusted accordingly. All such changes must be authorized in writing, executed by CONSULTANT and CITY. The cost or credit to CITY resulting from changes in the services will be determined in accordance with written agreement between the parties.

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

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

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

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

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

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

INDEMNIFICATION. To the extent permitted by law, CONSULTANT 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 CONSULTANT'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. CONSULTANT 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 CONSULTANT’s negligence, recklessness or willful misconduct. CONSULTANT shall reimburse the CITY its costs of defense, including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation 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 Consultant. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.

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

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

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

INDEPENDENT CONTRACTOR. CITY and CONSULTANT agree that CONSULTANT will act as an independent contractor and will have control of all work and the manner in which is it performed. CONSULTANT will be free to contract for similar service to be performed for other employers while under contract with CITY. CONSULTANT is not an agent or employee of CITY and is not entitled to participate in any pension plan,

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insurance, bonus or similar benefits CITY provides for its employees. Any provision in this Agreement that may appear to give CITY the right to direct CONSULTANT as to the details of doing the work or to exercise a measure of control over the work means that CONSULTANT will follow the direction of the CITY as to end results of the work only.

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

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

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

INSURANCE REQUIREMENTS.

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

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

2. General Liability Coverage. The CONSULTANT shall maintain commercial general liability insurance in an amount of not less than 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 CONSULTANT shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the CONSULTANT arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired, and

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non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence.

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

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

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

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

2. This policy shall be considered primary insurance as respects the CITY, its elected or appointed officers, officials, employees, agents, and volunteers.

Any insurance maintained by the CITY, including any self-insured retention the CITY may have, shall be considered excess insurance only and shall not contribute with this policy.

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

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

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.

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

D. Any deductibles or self-insured retentions must be declared to and approved by the CITY. At the CITY’s option, the CONSULTANT shall demonstrate financial capability for payment of such deductibles or self-insured retentions.

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

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

G. The commercial general and automobile liability policies required by this Agreement shall allow City, as additional insured, to satisfy the self-insured retention (“SIR”) and/or deductible of the policy in lieu of the Consultant (as the named insured) should Consultant fail to pay the SIR or deductible requirements.

The amount of the SIR or deductible shall be subject to the approval of the City Attorney and the Finance Director. Consultant understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by Consultant as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should City pay the SIR or deductible on Consultant’s behalf upon the Consultant’s failure or refusal to do so in order to secure defense and indemnification as an additional insured under the policy, City may include such amounts as damages in any action against Consultant for breach of this Agreement in addition to any other damages incurred by City due to the breach.

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

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

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by the CITY for any defect or error in the work prepared by the Consultant, its employees, sub-consultants and agents.

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

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

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

CITY CONSULTANT
City of Hermosa Beach
1315 Valley Drive
Hermosa Beach, CA 90254
ATTN: 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.

A. SOLICITATION. CONSULTANT maintains and warrants that it has not employed nor retained any company or person, other than CONSULTANT’s bona fide employee, to solicit or secure this Agreement. Further, CONSULTANT warrants that

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

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

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

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

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

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

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

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

City Initials ______
Consultant Initials ______
OR
By their initials next to this paragraph, City and Consultant hereby acknowledge that Consultant is not a “consultant” for the purpose of the California Political Reform Act

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because Consultant’s duties and responsibilities are not within the scope of the definition of consultant in Fair Political Practice Commission Regulation 18700.3(a) and is otherwise not serving in staff capacity in accordance with the City’s Conflict of Interest Code.

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

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

CITY OF HERMOSA BEACH CONSULTANT
[MAYOR/CITY MANAGER] By: NAME/TITLE
ATTEST:

Myra Maravilla, City Clerk Taxpayer ID No.

APPROVED AS TO FORM:

Pat Donegan, City Attorney

7.2 Required Forms

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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.

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: _____________________________
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:
____________________________________________

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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:
____________________________________________

RFP 24-005 City of Hermosa Beach

7.2.3 Compliance with Insurance Requirements
RFP #: _________
The selected consultant 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:
____________________________________________

RFP 24-005 City of Hermosa Beach

7.2.4 Acknowledgement of Professional Services Agreement RFP #: _________
The selected consultant 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:
____________________________________________

RFP 24-005 City of Hermosa Beach

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 Consultants

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)

Proposal to provide to the
City of
Hermosa
Beach
On-Call Development
Plan Review and
Support Services
[RFP No. 24-005]
Paul Armstrong, PE, CBO
Technical Director | Project Manager
562.566.4144
[email protected]
www.trbplus.com
January 8, 2025
Long Beach
San Ramon
Santa Clara
Sacramento
Las Vegas
CITY OF HERMOSA BEACH | ON-CALL DEVELOPMENT PLAN REVIEW AND SUPPORT SERVICES

PROPOSAL TO PROVIDE
On-Call Development Plan Review
and Support Services
RFP No. 24-005
January 8, 2024

PRESENTED TO:

The City of Hermosa Beach Via PlanetBids
CONTACT INFORMATION:

Paul Armstrong, P.E., CBO
Technical Director | Project Manager
Tel: 562-566-4144
Email: [email protected]
TRB and Associates, Inc.

Southern California Office
4182 N. Viking Way, Suite 213
Long Beach, CA 90808
Tel: 562-566-4144
www.trbplus.com

CITY OF HERMOSA BEACH | ON-CALL DEVELOPMENT PLAN REVIWE AND SUPPORT SERVICES TABLE OF CONTENTS table of contents

Table of Contents
SECTION 1 | Cover Letter .............................................................................................. 1-1

SECTION 2 | Firm Profile ............................................................................................... 2-1

SECTION 3 | Project Understanding and Approach to Scope of Work ................................. 3-1

SECTION 4 | Project Management Plan ........................................................................... 4-1

SECTION 5 | Experience and Qualifications ..................................................................... 5-1

SECTION 6 | Required Forms ......................................................................................... 6-1

SECTION 7 | Cost Proposal ..................................................................... Under Separate File

Southern California Office Corporate Office Silicon Valley Office Sacramento Office 4182 N Viking Way, Suite 213 3180 Crow Canyon Place, Suite 216 1265 El Camino Real, Suite 209 1900 Point West Way, Suite 261 Long Beach, CA 90808 San Ramon, CA 94583 Santa Clara, CA 95050 Sacramento, CA 95815 Tel: 562.566.4144 Tel: 925.866.2633 Tel: 408.642.1068 Tel: 916.384.0900 COVER LETTER section one
January 8, 2025
City of Hermosa Beach
1315 Valley Drive
Hermosa Beach, CA 90254
Via City’s PlanetBids
SUBJECT: TRB and Associates Proposal to Provide On-Call Development Plan Review and Support Services – RFP No. 24-005 TRB and Associates, Inc. (TRB) is pleased to present this Proposal to provide On-Call Development Plan Review and Support Services to the City of Hermosa Beach’s Department of Community Development for its consideration. In the documentation provided, we have included background information on the company, representative project experience, professional references, qualifications of our team members, our Building Services offerings, and a cost proposal for your review.

For this engagement, Paul Armstrong, P.E., CBO has been designated to serve as TRB’s Project Manager for this contract, responsible for ensuring timely delivery of quality plan review services. Paul will be managing all services provided to the City from TRB’s Long Beach office. Paul has extensive experience providing Building and Safety support services to municipalities throughout Southern California, including the Cities of Long Beach, West Hollywood, Burbank, Santa Ana, Huntington Beach, Fullerton, Santa Clarita, Corona, Lake Elsinore, and the Counties of Los Angeles and San Bernardino. The balance of our proposed staff are included in Sections 3 and 5 of our proposal.

Established in 2006, TRB is a Code Compliance Services California Corporation which provides Plan Review, Inspection, Permit Technician, Code Enforcement, Delegate Chief Building Official, and Disabled Access (CASp) services to municipal building and public works departments. Our company, which comprises over 75 team members, specializes and serves exclusively in the municipal code compliance role. We would like to highlight the following about the company:
 Our firm is engaged to provide as-needed Building Department, Engineering, and related services to over 75 municipalities throughout California, over 20 of which are located in Southern California.  The staff of TRB includes licensed Civil, Structural, Mechanical, Fire Protection, and Electrical Engineers; Architects; and ICC, CASp, LEED®, and SAP certified individuals who have an average 25 years of experience in the architecture-engineering-construction industry.  As a value-added service, Paul Armstrong will be available to provide code training to City staff and invited guests if desired by the City.  Our staff are active in industry organizations such as ICC, CALBO, CBOAC, ASCE, and SEAOC. Of note, TRB’s roster includes past ICC Chapter Presidents and a CBOAC Board Member – Paul Armstrong (Orange Empire Chapter), Todd Bailey (East Bay Chapter), and Shelley Loughran (CBOAC).
 Our firm was recognized as Industry Member of the Year by the County Building Officials Association of California (CBOAC) in 2019.  We have a strong track record of producing quality results and meeting turnaround goals, a track record to which our clients will attest.

Our firm looks forward to the opportunity to assist the City of Hermosa Beach as a Building Safety Services provider. The proposal will remain valid for ninety (90) days from the due date. If you have questions or need further information, please do not hesitate to contact Paul Armstrong by phone at (562) 270-4095 or by email at [email protected].

Sincerely,
TRB + ASSOCIATES, INC.

Paul Armstrong, P.E., CBO Todd Bailey, P.E., LEED AP, CASp, MBA Direct or of Code Compliance & Project Manager Principal & Founder

CITY OF HERMOSA BEACH | ON-CALL DEVELOPMENT PLAN REVIEW AND SUPPORT SERVICES 2-1 FIRM PROFILE section two
Company Overview
TRB and Associates, Inc. (TRB) is a California based building and fire life safety code compliance services Corporation with offices in Long Beach, San Ramon, Santa Clara, Sacramento, Burlingame, and Las Vegas. Our firm provides Plan Review, Inspection, Building Department Administration, Delegate Chief Building Official, Disabled Access (CASp) Consulting services to public agencies throughout Southern California, including Cities of West Hollywood, Burbank, Santa Ana, Huntington Beach, Fullerton, Santa Clarita, Norwalk, Corona, Lake Elsinore, and the Counties of San Bernardino and Los Angeles.

TRB was established in 2006 and has been a growing business since its founding. The firm is owned by its Principal-in-Charge Todd Bailey, PE, LEED AP, CASp, MBA who has over 25 years of experience working in the Building Safety field in California. Our over 75 team members have an average of 25 years of experience in the Architecture-Engineering-Construction industry, providing building safety code compliance services.

TRB and Associates’ Federal ID is 205865052.

Qualified Consulting Firm
TRB is a qualified consulting firm with experience providing Building Safety code compliance services. TRB has been providing these services to our clients since its founding. We would like to confirm that our firm has the qualifications and skills necessary to perform the requested services. Our firm and its employees are properly licensed, registered, and/or certified in accordance with applicable federal, state, and local laws, statutes, ordinances, rules, and regulations relating to services proposed.

Range of Services
 Building and Fire Plan Review
 Building and Fire Inspection
 Building Department Administration
 Code Enforcement Inspection
 Consulting Chief Building Official
 Disabled Access (CASp) Consulting
 Building Standards Codes Training
 Civil Plan Review and Inspection
Our Commitment
In our firm’s nearly 20 years in business, we have assembled a team of professionals that have been committed to the success of our clients. As the organization continues to grow, we have maintained our core belief in providing a welcoming environment, training, and promotional opportunities, and providing the best service possible to our clients. With TRB, the City of Hermosa Beach will receive an experienced team who understands the needs of public agencies and takes pride in delivering outstanding service. Consider us as your partner, and as such we are always on call and always available for everything from simple brainstorming sessions to representing you during meetings with stakeholders.

Contract History
To confirm, TRB has not failed or refused to complete any contracts.

CITY OF HERMOSA BEACH | ON-CALL DEVELOPMENT PLAN REVIEW AND SUPPORT SERVICES 2-2

FIRM PROFILE
Team Lead Contact Information & Local Office
All correspondence and questions related to this proposal may be directed to our Project Manager, Paul Armstrong, using email, telephone, and/or direct mail. TRB’s local office is in Long Beach. Mr. Armstrong and other necessary TRB staff are available to meet with applicants and City staff in-person at City Hall or virtually upon request. All proposed staff are included in Sections 3 and 5 of our proposal.

TRB Project Office Location – Long Beach
4182 North Viking Way
Suite 213
Long Beach, CA 90808
T: (562) 566-4141
Additional TRB Office Locations
Paul Armstrong, PE, CBO
Project Manager & Primary Point of Contact
T: (562) 566-4141
C: (562) 202-0918
Email: [email protected]
Todd Bailey, PE, LEED AP, CASp, MBA
Principal / Owner
T: (925) 866-2633
Email: [email protected]
Corporate Office
3180 Crow Canyon Place, Suite 216
San Ramon, CA 94583
T: (925) 866-2633
Silicon Valley Office
1265 El Camino Real, Suite 209
Santa Clara, CA 95050
T: (408) 642-1068
Sacramento Office
1900 Point West Way, Suite 261
Sacramento, CA 95815
T: (916) 384-0900
Las Vegas Office
5955 Edmond Street, 1st Floor
Las Vegas, NV 89118
Tel: (702) 760-5881
Burlingame Office
433 Airport Blvd, Suite 209
Burlingame, CA 94010
Tel: (650) 897-0014

CITY OF HERMOSA BEACH | ON-CALL DEVELOPMENT PLAN REVIEW AND SUPPORT SERVICES 3-1 PROJECT UNDERSTANDING & APPROACH TO SCOPE OF WORK section three Project Understanding
In brief, it is our understanding that the City of Hermosa Beach is seeking qualified consultants to assist with professional development plan review and community development staff augmentation services on an as-needed basis. It is presumed that all assigned projects are to be reviewed for adherence to the City of Hermosa Beach’s latest adopted Municipal Codes and Title 24 California Building Standards Codes covering structural, fire prevention, life safety, accessibility, energy conservation, green building, plumbing, mechanical, and electrical provisions; as well as zoning and grading compliance. We are ready to put our knowledge to work for the City.

To confirm, TRB understands and is equipped to fulfill the Scope of Services outlined in Section 3 of the City's RFP. TRB is prepared to provide all requested Plan Review and Staff Augmentation services to the Community Development Department including:
a. Provide in-house staff support as needed for plan check services. Provide at least 2-days a week at the City. b. Be available to meet with City Staff or answer City Staff emails and inquiries pertaining to plan check projects within 8- hours or one business day.
c. Provide a process or digital platform for submitting plans and documents and tracking plan check progress. d. Review plans submitted by developer applicants and provide written comments to the City. Reviews may include overall site design including notes on plans and plan check submittals for Structural, Architectural, Mechanical, Electrical, Plumbing, Framing, Demolition, Details, Best Management Practices, T24 documentations as well Energy Code compliance, Landscaping Plans and Solar submittals as needed, for the current code cycle, etc. e. Review and provide written comments to the City.
f. Inspection services, code enforcement services, and other related staff augmentation that is needed to ensure compliance with the municipal codes, building codes, zoning codes, and other regulations of the City. g. Attend video conference calls, coordination, reporting, and follow up meetings with the Community Development Department, residents, applicants, and design engineers as needed. h. Development of guidelines for the Community Development Department handouts (such as Typical wall designs, Retaining Walls, Patio Covers, HVAC typical details, pools, etc.), for trees and plantings, development of City standards plan and details, fees, processes improvements, easement policy, etc.

CITY OF HERMOSA BEACH | ON-CALL DEVELOPMENT PLAN REVIEW AND SUPPORT SERVICES 3-2

PROJECT UNDERSTANDING & APPROACH TO SCOPE OF WORK
Team Organizational Chart
The following Organization Chart identifies those individuals who are proposed for this assignment. Detailed information on our proposed project team is included in Section 4 of our proposal. Please also note that TRB maintains additional staff who also can be made available to assist on an as-needed basis.

Plan Review Services Field/Staff Augmentation
Services
Mike Williams
Supervising Combination Inspector

Multiple onsite staff available
upon request

Bing Young, RA
Plan Review Services Manager

STRUCTURAL

Jan Bear, SE, CBO
Sr. Plan Review Engineer

Karin Kuffel, SE
Sr. Plan Review Engineer

Thomas Hemenway SE
Sr. Plan Review Engineer
Bill Vaughn, SE
Sr. Plan Review Engineer
Deborah Sandercock, SE, CASp
Sr. Plan Review Engineer
Mike Kaszpurenko, SE
Sr. Plan Review Engineer

LIFE SAFETY & FIRE

Dan McLaughlin, PE, CASp
Sr. Plan Review Engineer
Jeff Brooks, CASp
Sr. Plans Examiner
Jay Griffin, CASp
Sr. Plans Examiner
Jim Begley, FPE, CFM
Fire Protection Engineer

CIVIL

Michael Osborn, PE, LEED AP
Sr. Civil Plan Review Engineer

ELECTRICAL

Steven Block, EE
Sr. Plan Review Engineer
James Johnson, EE
Sr. Plan Review Engineer

MECHANICAL/PLUMBING

Peter Kogan, ME
Sr. Plan Review Engineer
Chris Rose
Field Services Manager
Doug Armstrong, CAPM
Staff Augmentation Coordinator

Paul Armstrong, PE, CBO
Project Manager

Todd Bailey, PE, LEED AP, CASp, MBA
Principal
Julie Moss
Senior Permit Technician
Dominic Ma, SE, MPA
Quality Control Principal