Hermosa Beach City Council
July 28, 2026

S-1
IN WITNESS WHEREOF, the Board of Supervisors of the County of Los Angeles has caused this Agreement to be subscribed by the Executive Director of the LACDA, and the City has subscribed the same through its duly authorized officers, on the day, month, and year first above written.

County Counsel Certification
The office of the County Counsel hereby certifies that the terms and provisions of this Agreement are fully authorized under state and local laws, and that the Agreement provides full legal authority for the County to undertake or assist in undertaking essential community development and housing assistance activities, specifically urban renewal and public-assisted housing.

By: ___________________________________ ___________________________ Principal Deputy County Counsel Date

COUNTY OF LOS ANGELES
By: ________________________________
EMILIO SALAS, Executive Director
Los Angeles County Development Authority
APPROVED AS TO FORM:

DAWYN R. HARRISON
County Counsel
By: ________________________________

BEHNAZ TASHAKORIAN
Principal Deputy County Counsel

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IN WITNESS WHEREOF, the Board of Supervisors of the County of Los Angeles has caused this Agreement to be subscribed by the Executive Director of the LACDA, and the City has subscribed the same through its duly authorized officers, on the day, month, and year first above written.

CITY OF HERMOSA BEACH
By: ________________________________
CITY MANAGER OR DESIGNEE (Signature)
_______________________________
Print Name, Title
ATTEST:

City Clerk
By: ________________________________
APPROVED AS TO FORM:

By: ________________________________

CITY ATTORNEY

City of Hermosa Beach | Page 1 of 5
Meeting Date: July 28, 2026
Staff Report No. 26-PW-049
Honorable Mayor and Members of the Hermosa Beach City Council

CONSIDERATION OF A RESOLUTION CORRECTING A CLERICAL ERROR IN

EXHIBIT A RELATED TO THE APPROVAL OF THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017 (SB 1) PROJECT LIST FOR FY 26-27 CEQA: The Project is exempt under CEQA pursuant to CEQA Guidelines section 15060(c)(3).
(Public Works Director Joe SanClemente)
ADOPT NUNC PRO TUNC RESOLUTION NO. 26-7552
Recommended Action:

Staff recommends City Council:

1. Adopt Nunc Pro Tunc Resolution No. 26-7552 (Attachment 1) correcting clerical error on Exhibit A (Attachment 2) by approving a revised Road Maintenance and Rehabilitation Account (“RMRA”) Project List identifying the specific project locations required by the California Transportation Commission (“CTC”), and adopting a list of projects for Fiscal Year (“FY”) 2026–2027 funded by Senate Bill 1 (“SB 1”).

Executive Summary:

SB 1 provides funding for the maintenance and repair of local streets and roads through a RMRA. To be eligible for FY 2026–2027 funding, the City of Hermosa Beach (“City”) must submit a project list to the CTC by July 1, 2026, with a resolution documenting the approval of the City’s project list.

Following the City's timely submission, CTC staff requested that Exhibit A be revised to identify specific project locations rather than referring generally to "Various Locations".

This item returns to the City Council solely to approve the revised Exhibit A through a nunc pro tunc resolution so the official record accurately reflects the Project List submitted to the CTC.

Background:

On April 28, 2017, the Governor of California signed SB 1 to address road maintenance, rehabilitation, and critical safety needs on both the state highway system and local street and road system. SB 1 provides funding from sources including fuel excise taxes, commercial vehicle weight fees, local transactions and use taxes, and Federal funds. A percentage of this funding is apportioned by formula to eligible cities and counties for road maintenance, rehabilitation, and critical safety projects on the local street and road system. The projected revenue for the City in FY 2026–2027 is $554,566.

City of Hermosa Beach | Page 2 of 5
On June 9, 2026, the City Council approved the FY 2026-2027 RMRA Project List and authorized its submission to the CTC. After the City timely submitted the Project List, CTC staff requested that Exhibit A be revised to identify specific project locations rather than referring generally to "Various Locations". The requested revisions do not add, remove, or modify any approved projects or funding allocations. Rather, they provide additional specificity consistent with CTC guidance.

SB 1 revenue is not intended to replace existing local discretionary funding, such as General Fund or Capital Improvement Funds, for road repair and maintenance projects.

Therefore, it requires cities and counties to maintain their existing commitment of local funds for street, road, and highway purposes in order to remain eligible for an RMRA funding apportionment as defined by the Maintenance of Effort (“MOE”) estimate. The MOE estimate establishes the minimum amount of funding that the City must continue to allocate on an annual basis toward street and highway projects from local discretionary funds.

SB 1 contains a local agency MOE requirement that applies to funds allocated through the RMRA. SB 1 states that the MOE requirement is to ensure that these new roads funds do not supplant existing levels of city and county general revenue spending on streets and roads. The MOE for the receipt of RMRA funds state that the City must maintain local fund spending for street, road, and highway purposes at no less than average of FYs 2009–2010, 2010–2011, and 2011–2012. Based on the review, the California State Controller's Office set the City’s MOE at $833,246.

The CTC requires the City to submit a list of projects (Attachment 2) each FY. The FY 2026–27 list is due to the CTC by July 1, 2026. The CTC also requires the City to develop and submit a project expenditure report by October 1, 2026 for the FY 2025–2026 expenditures and comply with all requirements including reporting requirements for RMRA funding.

RMRA funding may be used for road maintenance, rehabilitation, and critical safety projects on the local street and road system. California Streets and Highways Code (“SHC”) Section 2030 provides a number of example projects and uses for RMRA funding that include, but are not limited to, the following:
 Road maintenance and rehabilitation
 Safety projects
 Railroad grade separations
 Complete Streets components including active transportation purposes, pedestrian and bicycle safety projects, transit facilities, and drainage and stormwater capture projects in conjunction with any other allowable project  Traffic control devices

City of Hermosa Beach | Page 3 of 5
Additionally, RMRA projects may incorporate, where feasible, the following project elements:
 Technologies and material recycling techniques that lower greenhouse gas emissions and reduce the cost of maintaining local streets and roads through material choice and construction method.
 Systems and components in transportation infrastructure that recognize and accommodate technologies including but not limited to Zero Emissions Vehicle (“ZEV”) fueling or charging and infrastructure-vehicle communications for transitional or fully autonomous vehicles.
 Project features that increase resilience to the impacts of climate change, fires, floods, and sea level rise.
 Complete Streets elements that improve the quality of bicycle and pedestrian facilities and that improve safety for all users of transportation facilities.

The City may spend its apportionment of RMRA funds on transportation priorities other than those outlined in SHC Section 2030 if the City’s average pavement condition index (“PCI”) meets or exceeds 80. The City currently has an average PCI below 80; therefore, the City must spend the available funds on the types of projects listed above.

RMRA funds may also be used to satisfy a match requirement in order to obtain state or federal funds for eligible projects.

Discussion:

Based on the expected revenues available for Fiscal Year 2026–27, staff has identified projects that meet the eligibility requirements of the California Streets and Highways Code. The recommended projects are described below and in (Attachment 2).

Capital Improvement Project (“CIP”) 423—Annual Sewer Improvements Total FY 2026–2027 Budget: $3,300,000
CIP 423 would provide expanded pavement rehabilitation following trenching performed for sewer main rehabilitation at various locations in the City.

CIP 106—Annual Street Improvements
Total FY 2026–2027 Budget: $4,155,000
CIP 106 would provide pavement rehabilitation of streets at various locations including Monterey Boulevard from Pier Avenue to Manhattan Avenue. The project would also address limited quantities of deteriorated concrete sidewalks, curb and gutter, and curb ramps in combination with CIP 115.

City of Hermosa Beach | Page 4 of 5
CIP 115—Annual Sidewalk Improvements
Total FY 2026–2027 Budget: $245,000
CIP 115 would provide removal, replacement, and other improvements to sidewalks throughout the City to maintain and improve safety in combination with CIP 106.

CIP 143—Pacific Coast Highway/Aviation Mobility Improvement Project Total FY 2026–2027 Budget: $43,375
CIP 143 would improve accessibility, mobility, and safety along the Pacific Coast Highway corridor.

FY 2026-2027 Sidewalk Grinding and Repairs (Street Maintenance Division Budget) Total FY 2026–2027 Budget: $150,000
Environmental Analysis:

The proposed action is not a “project” within the meaning of CEQA under CEQA Guidelines Section 15060(c)(3). Further, even if deemed a project, the action is categorically exempt pursuant to CEQA Guidelines section 15301, Existing Facilities, subdivisions (b) and (c), because it consists of the approval of maintenance, repair, rehabilitation, and minor alterations of existing public streets, sidewalks, and related transportation facilities with negligible or no expansion of existing use.

Options for Council Consideration:

Option 1: Adopt Nunc Pro Tunc Resolution No. 26-7552 approving the revised Exhibit A for FY 2026-2027 RMRA Project List (Recommended)  Preserves the City's eligibility to receive $554,566 in FY 2026-2027 SB 1 funding while ensuring the Project List complies with CTC requirements.

Fiscal Impact:

Approval of the revised Exhibit A does not increase the amount of funding previously approved by the City Council or change the projects authorized for RMRA funding. Rather, it clarifies the Project List to comply with CTC requirements and preserves the City's eligibility to receive the approved SB1 RMRA apportionment for the current FY 2026-27 budget year.

Attachments:

1. Nunc Pro Tunc Resolution No. 26-7552

2. Exhibit A - Hermosa Beach Fiscal Year 2026-2027 RMRA Project List Respectfully Submitted by: Briana Aube, Assistant Engineer Concur: Andrew Nguyen, Associate Engineer

City of Hermosa Beach | Page 5 of 5
Concur: Saad Malim, City Engineer
Concur: Joe SanClemente, Public Works Director
Noted for Fiscal Impact: Henry Chao, Finance Manager
Reviewed by: Brandon Walker, Administrative Services Director Legal Review: Jason Baltimore, Interim City Attorney
Approved: Steve Napolitano, City Manager

CITY OF HERMOSA BEACH
NUNC PRO TUNC RESOLUTION NO. 26-7552

CONSIDERATION OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF HERMOSA BEACH, CALIFORNIA, NUNC PRO TUNC ADOPTING A
REVISED LIST OF PROJECTS FOR FISCAL YEAR 2026-2027 FUNDED BY THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017
WHEREAS, the City of Hermosa Beach (“City”) is authorized to maintain and improve public streets, sidewalks, and transportation infrastructure pursuant to the California Constitution (Section 7 of Article XI) and Government Code section 37350; and WHEREAS, Senate Bill 1 (“SB 1”), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017), added Chapter 2 (commencing with Section 2030) to Division 3 of the California Streets and Highways Code (“SHC”) establishing the Road Maintenance and Rehabilitation Account ("RMRA") and providing funding for eligible local street and road projects; and
WHEREAS, the City is required to annually adopt by resolution a list of projects proposed to receive RMRA funding and submit such list to the California Transportation Commission (“CTC”) pursuant to SHC section 2034(a); and WHEREAS, the City Council finds that the projects identified in Exhibit A (attached hereto and incorporated herein by reference) (“Project List”) are eligible uses of RMRA funds under SHC sections 2030 and 2032 because they consist of roadway maintenance, rehabilitation, pedestrian safety improvements, accessibility improvements, and related transportation infrastructure improvements; and
WHEREAS, the City will receive an estimated five hundred fifty-four thousand, five hundred sixty-six dollars ($554,566) in RMRA funding in Fiscal Year (“FY”) 2026-2027; and WHEREAS, the Project List includes roadway, sidewalk, accessibility, mobility, and related transportation infrastructure improvements designed to preserve and maintain the City's transportation system; and

WHEREAS, adoption of the Project List is necessary for the City to remain eligible to receive FY 2026-2027 RMRA funding pursuant to SHC section 2034; and WHEREAS, the City Council adopted Resolution No. 26-7552 dated June 9, 2026, approving the FY 2026-2027 RMRA Project List; and
WHEREAS, this Resolution is adopted nunc pro tunc (meaning "now for then") solely to correct clerical and non-substantive errors in Resolution No. 26-7552 so that the official record accurately reflects the City Council's original action, findings, and intent without modifying the substance or legal effect of that action; and WHEREAS, the City desires to adopt the FY 2026-2027 RMRA Project List, and authorize staff to submit the Project List and supporting documentation to CTC in accordance with applicable law.

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

SECTION 1. Incorporation of Recitals. The recitals above are true and correct, and are hereby incorporated herein by reference.

SECTION 2. Adoption of Project List. The City Council hereby adopts the Project List.

SECTION 3. Authorization to Submit. The Director of Public Works, or designee, is authorized and directed to submit the adopted Project List and all supporting documentation required by CTC for FY 2026-2027 RMRA funding.

SECTION 4. Use of RMRA Funds. The City Council finds that projects identified on the adopted Project List are eligible for funding from the RMRA pursuant to SHC sections 2030 et seq. Previously approved projects listed therein may continue to receive RMRA funding as permitted by applicable law and CTC guidelines.

SECTION 5. California Environmental Quality Act (“CEQA”). The City Council finds that adoption of the Project List is not a “project” within the meaning of CEQApursuant to CEQA Guidelines section 15060(c)(3). Further, even if deemed a project, the action is

categorically exempt pursuant to CEQA Guidelines sections 15301(b) and 15301(c) because the listed projects consist of the operation, repair, maintenance, rehabilitation, and minor alteration of existing public facilities, streets, sidewalks, and related transportation infrastructure with negligible or no expansion of existing use.

SECTION 6. Severability. If any section or provision of this Resolution is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, the remaining sections and/or provisions of this Resolution shall remain valid. The City Council hereby declares that it would have adopted this Resolution, and each section or provision thereof, regardless of the fact that any one or more section(s) or provision(s) may be declared invalid or unconstitutional or contravened via legislation.

SECTION 7. Certification. The City Clerk shall certify to the passage and adoption of this Resolution; cause the same to be entered among the original resolutions of the City; and make a minute of the passage and adoption thereof in the records of the proceedings of the City Council in the minutes of the meeting at which time same is passed and adopted.

SECTION 8. Effective Date. This Resolution is effective immediately upon adoption.

PASSED, APPROVED, and ADOPTED on this 28th day of July 2026.

Mayor Mike Detoy
PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, CA ATTEST: APPROVED AS TO FORM:
________________________________ ________________________________ Martha Alvarez Jason Baltimore
City Clerk Interim City Attorney

Agency Contact:

Saad Malim
(310) 318-0268
LoCode: 5155 [email protected]
Pre- Construction Construction Min. Max.

CIP 423 Annual Sewer Improvements
This project proposes full roadway pavement restoration following trenching performed for sewer main rehabilitation.
5th St between PCH & Prospect Ave; Hopkins Ave between 5th St & 3rd St; 3rd St between PCH & Hopkins Ave; 2nd St between PCH & Prospect Ave; 1st St between PCH & Meyer Ct; Hollowell Ave between Prospect Ave & 6th St; Barney Ct between 1st Pl & 1st St; Hollowell Ave between Prospect Ave & 3rd St; Massey Ave between 5th St & Prospect Ave; Culper Ct between 2nd St & 4th St; 4th St between Cochise St & Ardmore Ave; 2nd St between PCH & Valley Dr; 1st Pl between Ardmore Ave & PCH
9/30/2027 4/30/2028 10 20
CIP 106 Annual Street Improvements
This project proposes pavement rehabilitation of streets at various locations.

The project will also address limited quantities of deteriorated concrete sidewalk, curb and gutter, curb ramps and drainage deficiencies.

Project locations include but not limited to: Monterey Blvd. from Manhattan Ave. to Pier Ave.; Bayview Dr. from 19th St to Pier Ave.; Bayview Dr. from 8th St to 10th St.; Marlita Pl. and La Carlita Pl. from 30th St to end.; 2nd St from Hermosa Ave. to Valley Dr.; Lyndon St. from Hermosa Ave. to Monterey Blvd.; Cypress Ave. from 6th St. to end.; Bard St. from 8th St to end; Aviation Blvd. from PCH to Harper Ave.; Owosso Ave. from Aviation Blvd. to 14th St.; Corona St. from Aviation Blvd. to 14th St.; Campana St. and Joy St. from Prospect Ave. to Bonnie Brae St.; 2nd St. from Prospect Ave. to PCH;
Ocean Ave. from 8th Pl to Aviation Blvd.
11/30/2026 3/31/2027 10 20
CIP 115 Annual City Sidewalk Improvements
This project will provide grinding, replacement, and other improvements to sidewalks throughout the City to maintain and
improve safety.

Project locations include but not limited to: Ardmore Ave from Longfellow Ave to 1st St; Valley Dr from Longfellow Ave to Herondo St.
11/30/2026 3/31/2027 10 20
CIP 143 PCH/Aviation Mobility Improvement
Project
This project is to improve accessibility, mobility, and safety along the Pacific Coast Highway Corridor.

Pacific Coast Highway within City limits. 1/31/2028 1/31/2029 10 20 FY 26-27 Sidewalk Grinding
This project will provide grinding and repairs to sidewalk to address trip hazards and improve safety.
33rd St between Hermosa Ave & Morningside Dr; 34th St between Hermosa Ave & Morningside Dr; 35th St between Hermosa Ave & Manhattan Ave; Gould Ave between Morningside Dr & PCH; 27th St between Hermosa Ave & Morningside Dr; 26th St between Hermosa Ave & Morningside Dr; 25th St between Hermosa Ave & S Park Ave; S Park Ave between 25th St & Monterey Blvd; Pier Ave between Hermosa Ave & PCH
3/31/2027 7/31/2027 10 20
STATE OF CALIFORNIA • CALIFORNIA TRANSPORTATION COMMISSION Senate Bill (SB) 1 Proposed Project List Form
Local Streets and Roads Program
Agency Name: FY
Hermosa Beach
26/27

NEWLY PROPOSED PROJECTS

PREVIOUSLY PROPOSED AND ADOPTED PROJECTS
Summary of Proposed Project List
Project
No.

Project Title Project Description Project Location Estimated Completion Date (mm/dd/yyyy)
Estimated
Useful Life (# of
yrs)

City of Hermosa Beach | Page 1 of 4
Meeting Date: July 28, 2026
Staff Report No. 26-PR-054
Honorable Mayor and Members of the Hermosa Beach City Council

CONSIDERATION OF REQUEST TO ESTABLISH MEMORANDUM OF

UNDERSTANDING WITH BARK FOR A PARK
CALIFORNIA ENVIRONMENTAL QUALITY ACT (“CEQA”): Determine that approval of the memorandum of understanding (“MOU”) is not a "project" within the meaning of CEQA Guidelines section 15378(b)(5) because it constitutes organizational and administrative activity that will not result in a direct or reasonably foreseeable indirect physical change in the environment. Alternatively and independently, determine that the action is not a commitment to any specific project and therefore is not a "project" under CEQA Guidelines section 15378(b)(4). Any future Dog Park proposal will be subject to separate CEQA review prior to project approval.
(Parks and Recreation Manager Brian J Sousa)

APPROVE
Recommended Action:

Staff recommends City Council:

1. Consider approval of the Memorandum of Understanding with Bark for a Park, the community organization advocating for the establishment of a Dog Park, to advance a comprehensive feasibility report to be funded by Bark for a Park; and

2. Authorize the City Manager to execute the Memorandum of Understanding, approve minor non-substantive modifications if necessary, and the City Clerk attesting to the agreement subject to approval by the City Attorney.

Executive Summary:

At its May 12, 2026, City Council meeting, City Council directed staff to proceed with a comprehensive feasibility analysis of Valley Park (East) as the primary location and the Greenbelt as a secondary location; and to return with information on a potential ballot measure regarding the Greenbelt location. The proposed Memorandum of Understanding (MOU) establishes the framework for Bark for a Park (BFAP) to fund and advance the next phase of feasibility analysis. Any future design, environmental review, permitting, construction, or implementation would require additional City Council approvals; and for any Greenbelt proposal, voter approval of any required ballot measure.

Background:

During the Park Master Plan development process, members of the community expressed a desire for an off-leash Dog Park in Hermosa Beach. These improvements were identified through community feedback gathered during workshops and via the multimodal survey. In response to community interest, City Council directed staff on

City of Hermosa Beach | Page 2 of 4
March 11, 2025, to evaluate the feasibility of establishing an off-leash Dog Park facility within the City, alongside BFAP. The Parks and Recreation Advisory Commission subsequently established a Community Dog Park Subcommittee to work with staff and BFAP on the Dog Park proposal.

On May 12, 2026, the City Council reviewed the initial feasibility analysis and directed staff to proceed with a comprehensive feasibility analysis of Valley Park (East) as the primary location and the Greenbelt as a secondary location, and to return with information regarding a potential Greenbelt ballot measure. The proposed MOU defines BFAP's responsibilities and financial obligations for the next phase of feasibility analysis.

Past Commission and Council Actions
Meeting Date Description
City Council:

March 11, 2025
City Council directed staff to prepare a feasibility report regarding the off-leash dog park proposal submitted by BFAP, and to provide such report to the Commission prior to City Council review.

Commission:

September 2, 2025
Commission approved the creation of the Community Dog Park subcommittee consisting of Chair Ellman and Commissioner Worner.

Commission:

March 03, 2026
Commission recommended advancing the review of the
feasibility for an off-leash dog park to City Council with the Commission’s preference to further explore a location in Valley Park (East) and the portion of Greenbelt, and the City explore the possibility of placing a public ballot measure to consider amending Ordinance No. 89-1001.

City Council:

May 12, 2026
City Council directed staff to proceed with a comprehensive feasibility analysis of Valley Park (East) as the primary location and the Greenbelt as a secondary location, and to return with information on a potential ballot measure regarding the Greenbelt location.

Discussion:

The initial feasibility review determined that neither Valley Park (East) nor the Greenbelt should advance to construction without additional site-specific analysis and comprehensive review including community input. Each location presents different opportunities and constraints. Due to financial investment and responsibilities required to advance the project proposal, a MOU between the City of Hermosa Beach and BFAP is needed since the project would be fully funded and advanced by BFAP. The secondary location, the Greenbelt, is subject to a proposed election resolution which would place a ballot measure before City voters at the November 3, 2026 General Municipal Election to consider potential off-leash Dog Park on a limited designated section of the Greenbelt.

City of Hermosa Beach | Page 3 of 4
The MOU is limited to pre-development activities, including feasibility analysis, conceptual design, environmental review, permitting, and related planning. It does not approve a Dog Park, authorize construction, create land use entitlements, or obligate the City to proceed with the Project. Construction, operations, maintenance, funding, and implementation would require additional City Council approvals and separate agreements if the City ultimately elects to move forward.

Because the Project requires multi-disciplinary review, BFAP will retain qualified licensed professionals to prepare the necessary studies and plans; while the City will review those materials through its normal approval processes.

Although BFAP will manage and fund the feasibility work, City staff will provide project oversight and technical review. Accordingly, the MOU requires BFAP to reimburse the City for actual Project-related staff, legal, engineering, environmental review, consultant, administrative, project management, and plan check costs.

Because the level of City involvement cannot be determined in advance, the MOU provides for reimbursement of actual costs incurred. This approach ensures that the Project sponsor (not the City) bears the costs associated with evaluating and administering this non-Capital Improvement Program project.

BFAP has requested approval of the MOU before expending significant funds on the feasibility analysis and fundraising efforts. The phased approach provides flexibility while preserving future City discretion regarding Project implementation.

The proposed MOU is consistent with the City's direction that Valley Park (East) continue as the primary location for comprehensive feasibility analysis, and that the Greenbelt remain subject to separate voter authorization and future legislative action before any project implementation may occur.

Environmental Analysis:

Approval of the proposed MOU is not a "project" under CEQA Guidelines sections 15378(b)(4) and 15378(b)(5) because it constitutes organizational and administrative activity, authorizes only pre-development feasibility and planning activities, and does not commit the City to any definite course of action regarding a physical project. Any future Dog Park proposal (whether located within Valley Park (East) or the Greenbelt) will remain subject to separate CEQA review before the City considers any project approval, construction authorization, or implementation.

City of Hermosa Beach | Page 4 of 4
Options for Council Consideration:

City Council may:

1. Approve the proposed MOU;

2. Approve the proposed MOU with modifications that do not materially alter its purpose as a pre-development feasibility agreement;

3. Decline to approve the proposed MOU; or

4. Provide alternative direction to staff.

Fiscal Impact:

BFAP would be responsible for all fundraising associated with the planning, design, and permitting of the proposed work. The MOU requires BFAP to reimburse the City for full cost recovery for all staff time incurred, standard plan check fees including the cost of any third-party consultants retained by the City to facilitate the review. The amount of City staff and consultant costs cannot be determined at this time because the scope of review will depend on the complexity of the feasibility analysis and subsequent submittals.

No direct appropriation is requested as part of this action. BFAP will be responsible for fundraising associated with the planning, design, permitting, and related feasibility work and will reimburse the City for actual Project-related staff, legal, engineering, environmental review, consultant, administrative, project management, and plan check costs in accordance with the MOU. Any future City funding commitment for design, construction, operation, or maintenance of a Dog Park would require separate City Council approval.

BFAP has requested that reimbursement of City staff costs be capped at 10% of its current Project Budget ($14,000 based on a $140,000 budget). Staff does not recommend this request because it could prevent the City from recovering its actual Project costs. BFAP's request is included as Attachment 2 for Council consideration.

Attachments:

1. Draft MOU

2. BFAP Side Letter Request for Billable Hours
Respectfully Submitted by: Brian Sousa, Parks and Recreation Manager Concur: Lisa Nichols, Parks and Recreation Director
Noted for Fiscal Impact: Henry Chao, Finance Manager
Reviewed by: Brandon Walker, Administrative Services Director Legal Review: Jason Baltimore, Interim City Attorney
Approved: Steve Napolitano, City Manager

City of Hermosa Beach
Civic Center, 1315 Valley Drive, Hermosa Beach, CA 90254-3885 BBK (2026) Page 1 of 20 MEMORANDUM OF UNDERSTANDING

MEMORANDUM OF UNDERSTANDING

BETWEEN

THE CITY OF HERMOSA BEACH
AND

BARK FOR A PARK
This memorandum of understanding (“MOU”) is made and entered into as of [ ], 2026 (“Effective Date”), by and between the City of Hermosa Beach (a municipal corporation organized and operating under the laws of the State of California with its principal place of business at 1315 Valley Drive, Hermosa Beach, California 90254) (“City”) and Bark for a Park (a non-profit 501(c)(3) corporation also doing business as Hermosa Beach Dog Park with its principal place of business at 40 21st Street, Hermosa Beach, California 90254) (“BFAP”).

City and BFAP are hereinafter sometimes referred to individually as “Party” and collectively as the “Parties”.

RECITALS
A. City owns and operates public parks, open spaces, and recreational facilities for the benefit of residents and visitors (including Valley Park and the Greenbelt); and
B. City’s electorate approved local ballot measure Proposition D on June 7, 1988, authorizing setting aside funds so the City could purchase the Santa Fe Railroad right-of-way (“Santa Fe Railroad”) for conversion to open space and recreational use; and
C. The City Council adopted Ordinance No. 89-1001 dated November 7, 1989, which renamed the purchased Santa Fe Railroad property to the Greenbelt Area (“Greenbelt”), preserved the Greenbelt for parkland and open space purposes, and mandated that all dogs be on a leash within the Greenbelt; and
D. The City Council adopted Resolution No. 89-5329 dated November 28, 1989, implementing Ordinance No. 89-1001 following certification of its passage by a majority of the City’s electorate; and
E. BFAP is a community organization advocating for the establishment of an off-leash dog park (“Dog Park”) within the City and has submitted conceptual proposals and supporting materials regarding potential locations, design concepts, operational considerations, and funding opportunities; and

BBK (2026) Page 2 of 20 MEMORANDUM OF UNDERSTANDING

F. The City Council directed staff to evaluate the feasibility of establishing a Dog Park within the City in response to BFAP’s proposal at its March 11, 2025 meeting; and
G. The Parks and Recreation Advisory Commission established a Community Dog Park Subcommittee, and recommended that the City Council further evaluate Valley Park (East) and a portion of the Greenbelt as potential locations for a future Dog Park on March 3, 2026 (“Feasibility Review”); and H. The Feasibility Review included best-practice research, evaluation of comparable dog parks in neighboring jurisdictions, review of operational and maintenance obligations, analysis of grading, drainage, and Americans with Disabilities Act of 1990 (“ADA”) accessibility requirements, community outreach, and conceptual site evaluation; and
I. The Feasibility Review identified a portion of the Greenbelt as a potentially feasible location due to its central location, minimal residential impacts, and open-space configuration; however, the review also identified legal, environmental, infrastructure, ADA compliance, and operational constraints including restrictions imposed by Ordinance No. 89-1001 and Chapter

17.32 of the Hermosa Beach Municipal Code; and
J. The Feasibility Review identified Valley Park (East) as a potentially feasible location due to existing irrigation, lighting, drainage infrastructure, and nearby parking; while also identifying significant concerns relating to grading, exposed tree roots, ADA compliance, playground proximity, and operational conflicts with existing park programming; and
K. BFAP represented a willingness to fund all pre-development, design, environmental review, community outreach and surveying, and construction and capital costs including operations and maintenance associated with a future Dog Park proposal (subject to future City approval and written agreements); and L. The City Council determined that additional comprehensive feasibility analysis is necessary before determining whether any Dog Park location is appropriate or feasible (“Project”); and
M. The Parties desire to establish the terms governing preliminary feasibility, planning, design, environmental review, permitting, and potential future implementation of the proposed Project; and

BBK (2026) Page 3 of 20 MEMORANDUM OF UNDERSTANDING

N. Any future construction, maintenance, operational, funding, or implementation obligations shall require separate written agreements approved by the City Council (including separate agreements governing construction responsibilities, maintenance obligations, indemnification, risk allocation, insurance, and operational control); and
O. The Parties acknowledge that the timing of design and permitting will be contingent upon successful fundraising and consistent progress in design by BFAP, and that BFAP shall present annual updates on progress towards the proposed Improvements to the Public Works Commission and the Parks and Recreation Advisory Commission during the term of this MOU; and P. The Parties acknowledge that (1) no final location has been selected; (2) no project has been approved; (3) no vested rights are created by this MOU; and (4) any Greenbelt project remains contingent upon voter approval and future legislative action.

NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

AGREEMENT

1. Incorporation of Recitals. The recitals above are true and correct, and are hereby incorporated herein by this reference.

2. Term. This MOU shall commence on the Effective Date and remain in effect until [_______], unless extended by written agreement of the Parties. City may terminate this MOU at any time for convenience, infeasibility, failure of funding, adverse environmental findings, lack of progress, or failure of any required legislative approval.

3. MOU Purpose and Nature. This MOU is solely a pre-development feasibility, planning, design, and permitting agreement. a. Disclaimer. Nothing in this MOU constitutes project approval, authorizes construction, creates land use entitlements, obligates the City to proceed with the Project, obligates the City to place a ballot measure before voters, obligates the City to operate or maintain any Dog Park; or creates vested rights in BFAP or any third party. Nothing in this MOU shall be interpreted as limiting the City’s legislative, discretionary, or police power authority. b. City Discretion. City retains sole and absolute discretion regarding site selection, environmental review, legislative approvals, zoning

BBK (2026) Page 4 of 20 MEMORANDUM OF UNDERSTANDING

determinations, ballot measure placement, project approval, funding requirements, construction authorization, and operational decisions. City further retains sole discretion to modify, suspend, relocate, reduce, phase, or terminate the Project at any time.
c. Conditions Precedent. No construction of a Dog Park shall proceed unless and until (1) City Council authorizes continuation of feasibility review; (2) environmental review is completed; (3) all required permits and approvals are obtained; (4) final plans and specifications are approved by City; and (5) full funding is demonstrated to City’s satisfaction. The Project shall also not proceed to a construction phase for any Greenbelt location unless and until a ballot measure is approved by voters, Ordinance No. 89-1001 is amended, and any required zoning amendments are adopted. Failure of any condition automatically terminates any obligation relating to the affected site without liability to City. BFAP expressly assumes all risk associated with approved expenditures made prior to final project approval. Following completion of sufficient feasibility analysis, the City Council shall determine whether to advance a preferred Dog Park location for further environmental review, design, permitting, or legislative action. Nothing herein obligates the City to continue evaluation of multiple locations simultaneously.
d. Greenbelt-Specific Provisions. For any Greenbelt proposal, BFAP acknowledges: (1) Ordinance No. 89-1001 currently requires dogs to remain on leash and restricts construction of new facilities within the Greenbelt; (2) implementation may require ballot measure approval, ordinance amendments, zoning amendments, and environmental review (3) the City shall bear only those election costs required by law or expressly approved by the City Council and nothing herein obligates the City to fund BFAP's public outreach, advocacy, campaign, consultant, or related expenses associated with any proposed ballot measure; (4) failure of any ballot measure automatically terminates all Greenbeltrelated obligations without liability to City; (5) any Greenbelt Dog Park must preserve the Greenbelt’s open-space character and visual continuity; and (6) any Greenbelt Dog Park proposal may be denied if environmental, operational, accessibility, or legal constraints cannot be adequately mitigated. e. Design Standards. All proposed improvements shall be subject to City review and approval including, but not limited to, fencing, surfacing, irrigation, drainage, landscaping, signage, seating, shade structures, lighting, and operational layout. Design shall be developed by BFAP’s licensed design professional(s) in accordance with all applicable rules, regulations, and standards, to the satisfaction of the City. Design shall minimize impacts to nearby residences, open space character, existing programming, drainage, and vegetation. Design shall also minimize impacts relating to tree/root preservation,

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grading and erosion, visual impacts, noise, pedestrian circulation, public safety, and ADA accessibility.
f. Operations and Maintenance. Prior to any construction approval, BFAP (in consultation with the City) shall prepare separate Operations and Maintenance Plans. The Operations Plan shall address operating hours, opening and closing procedures, staffing or volunteer responsibilities, public complaints, enforcement, emergency response, and operational policies. The Maintenance Plan shall address cleaning schedules, waste removal, irrigation, surfacing, fencing, repairs, inspection schedules, replacement cycles, and longterm maintenance responsibilities. City retains sole discretion regarding whether it will assume maintenance obligations, require maintenance funding, require a maintenance endowment, or require a separate maintenance agreement. BFAP acknowledges that ongoing maintenance and operation obligations may be substantial and may require daily operational staffing and recurring maintenance expenditures.
g. Construction Requirements. Construction shall not commence unless the City Council separately approves construction, and the Parties execute a separate construction agreement. Prior to construction, BFAP shall provide final approved plans and specifications, proof of funding, performance bonds, payment bonds, construction schedule, and insurance acceptable to City. All construction shall comply with applicable public works laws. BFAP shall be solely responsible for all cost overruns, change orders, delays, defects, and construction-related liabilities unless otherwise expressly agreed in writing by City.

4. Responsibilities
a. Obligations of City. Any review or comment by City shall not relieve BFAP of responsibility for code compliance, design adequacy, constructability, safety, or legal compliance. City shall:
(1) Provide reasonable access to City property and
appropriate City staff for feasibility analysis and conceptual design activities, subject to scheduling, staff availability, and City approval. (2) Provide available background materials, if any.
(3) Review plans and materials through normal processes. (4) Retain sole discretion to approve, deny, modify,
suspend, or terminate the Project at any time.

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(5) Serve as final review authority for environmental review and conduct final review of all environmental documents, studies, mitigation measures, and Project alternatives. City may deny, modify, or suspend the Project based on environmental findings.
(6) Serve as the final authority regarding public outreach, hearing scheduling, legislative actions, and future operational determinations.

City shall designate the Parks and Recreation Department project manager to administer this MOU as the primary City Liaison for project communications and coordination. Public Works staff may participate in a review and advisory capacity as determined by City.
b. Obligations of BFAP. BFAP acknowledges that Valley Park may require substantial ADA and grading improvements, and the Greenbelt implementation may require voter approval and zoning amendments. BFAP shall (at its sole cost and expense):
(1) Fund and prepare all feasibility studies, conceptual design, surveys, geotechnical analysis, ADA analysis, California Coastal Commission requirements, environmental review pursuant to the California Environmental Quality Act (“CEQA”), grading and drainage analysis, environmental studies and impact report, plan check fees, permitting documents and costs, agency coordination, permit application materials, plan check fees, legal notices, and consultant costs through licensed professionals possessing demonstrated experience in public park design and (where applicable) prior experience designing public Dog Park facilities. The lead design professional shall retain qualified subconsultants whenever additional disciplines are necessary to complete the required work. If additional disciplines are required, BFAP shall retain qualified subconsultants possessing the expertise necessary to complete the applicable work.
(2) Reimburse City for all actual staff costs, legal review, outside consultants, engineering review, environmental review consultants, administrative costs, project management, and other direct and indirect costs associated with the Project. City shall provide BFAP with reasonable advance written notice before retaining extraordinary third-party consultants or incurring extraordinary third-party Project costs not reasonably contemplated by this MOU.

Routine staff time, legal review, engineering review, environmental review, plan check fees, and normal Project administration shall not require prior written approval by BFAP. Nothing herein limits the City's discretion to determine the personnel or consultants necessary to review the Project or otherwise administer this MOU.

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(3) Demonstrate adequate funding prior to any
construction authorization.
(4) Coordinate all activities with City staff.
(5) Fully fund and prepare all environmental technical
studies including biological studies, noise analysis, traffic analysis, sanitation analysis, tree/root impacts, drainage analysis, and operational impacts. (6) Fund and prepare all accessibility and path-of-travel analysis required (by the ADA, California Building Commission, and applicable accessibility laws).
(7) Retain and fund qualified environmental consultants to prepare all CEQA technical studies and draft environmental documents required by the City. The City shall remain the CEQA lead agency and retain sole authority over environmental review, circulation, findings, certification, and approval of all environmental documents.
(8) Fund any required grading, pathway reconstruction,
restroom accessibility improvements, or related work.
(9) Fund and prepare all permitting documents and
supporting technical studies.
(10) Participate in community outreach efforts directed by City including public meetings, surveys, presentations, and stakeholder coordination.
(11) Comply with all applicable prevailing wage, public works, and labor compliance requirements.
(12) Comply with the indemnification obligations set forth in Section 6 of this MOU.
(13) Serve as the lead for coordinating preparation of all environmental technical studies and supporting documentation, subject to the City's sole authority as CEQA lead agency.

5. Insurance. BFAP shall not commence work under this MOU until it has provided evidence satisfactory to City that it has secured all insurance required of BFAP under this section. BFAP shall separately require all retained design professionals, consultants, and subconsultants to maintain insurance appropriate to their professional services (including professional liability coverage where

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applicable). BFAP shall maintain (during the term of this MOU) commercial general liability insurance, automobile liability insurance (if vehicles are used in connection with MOU activities), workers’ compensation and employer’s liability insurance if required by law, and cyber liability insurance if applicable. In addition, all licensed design professionals, environmental consultants, engineers, surveyors, geotechnical consultants, and other professional consultants retained by BFAP shall maintain insurance appropriate to their services (including professional liability (errors and omissions) insurance in amounts acceptable to City). Evidence of consultant insurance shall be provided to City upon request. a. Additional Insured. City (its officials, officers, employees, agents, and volunteers) shall be named as additional insureds on BFAP’s and its consultants’ or subcontractors’ policies of commercial general and automobile liability insurance (as applicable) using the endorsements and forms specified herein or exact equivalents.
b. Commercial General Liability
(i) BFAP shall take out and maintain (during the
performance of all work under this MOU, in amounts not less than specified herein) Commercial General (“CG”) Liability Insurance in a form and with insurance companies reasonably acceptable to the City.
(i) Coverage for CG Liability insurance shall be at least as broad as Insurance Services Office (“ISO”) CG Liability coverage (Occurrence Form CG 00 01) or exact equivalent.
(ii) Coverage for CG Liability insurance shall be at least as broad as Insurance Services Office (“ISO”) CG Liability coverage (Occurrence Form CG 00 01) or exact equivalent.
(iii) Commercial General Liability Insurance must include coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse, and Underground (UCX)
exclusion deleted
(7) Contractual Liability with respect to this MOU
(8) Property Damage
(9) Independent BFAPs Coverage

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(iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the MOU. (v) The policy shall give City (its elected and appointed officials, officers, employees, agents, and City-designated volunteers) additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage.
(vi) The general liability program may utilize either
deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City; and provided that such deductibles shall not apply to the City as an additional insured.
c. Automobile Liability
(i) At all times during the performance of the work under this MOU, the BFAP shall maintain Automobile Liability Insurance for bodily injury and property damage (including coverage for owned, non-owned, and hired vehicles in a form and with insurance companies acceptable to the City). (ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
(iii) The policy shall give City (its elected/appointed officials, officers, employees, agents, and City-designated volunteers) additional insured status.
(iv) Subject to written approval by the City, the automobile liability program may utilize deductibles; provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention. d. Workers’ Compensation/Employer’s Liability
(i) BFAP certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code; and he/she will comply with such provisions before commencing work under this MOU.
(ii) To the extent BFAP has employees at any time during the term of this MOU (at all times during the performance of the work), the BFAP shall

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maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this MOU (all in accordance with the “Workers’ Compensation and Insurance Act”, Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein). BFAP shall require all consultants and subcontractors with employees to obtain and maintain (for the period required by this MOU) workers’ compensation coverage of the same type and limits as specified in this section.
e. Professional Liability (Errors and Omissions). At all times during the performance of professional services under this MOU, each licensed design professional or consultant retained by BFAP shall maintain professional liability or Errors and Omissions insurance appropriate to its profession; in a form and with insurance companies acceptable to the City and in an amount indicated herein.

This insurance shall be endorsed to include contractual liability applicable to this MOU and shall be written on a policy form coverage specifically designed to protect against acts, errors, or omissions of the BFAP. “Covered Professional Services” as designated in the policy must specifically include work performed under this MOU. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend.
f. Privacy/Network Security (Cyber). At all times during the performance of the work under this MOU, the BFAP shall maintain privacy/network security insurance for: (1) privacy breaches; (2) system breaches; (3) denial or loss of service; and (4) the introduction, implantation, or spread of malicious software code in a form and with insurance companies acceptable to the City. g. Minimum Policy Limits Required
(i) The following insurance limits are required:

Combined Single Limit
Commercial General Liability $2,000,000 per occurrence / $4,000,000 aggregate for bodily
injury, personal injury, and property
damage
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage
Employer’s Liability $1,000,000 per occurrence

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Professional Liability $1,000,000 (applicable to retained design professionals and consultants)
per claim and aggregate (errors and
omissions)
Cyber Liability $1,000,000 per occurrence and
aggregate
(ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement; or a waiver of any coverage normally provided by any insurance.

Any available coverage shall be provided to the Parties required to be named as Additional Insured pursuant to this MOU.
(iv) Builder’s Risk and construction-phase insurance
requirements, if applicable, shall be addressed in a future construction agreement approved by City Council.
(v) All insurance policies shall be primary and noncontributory and include waiver of subrogation in favor of the City. h. Evidence Required. Prior to execution of the MOU, the BFAP shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds (where appropriate) the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance. i. Policy Provisions Required
(i) BFAP shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this MOU; except that the BFAP shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of the premium. If any of the required coverage is cancelled or expires during the term of this MOU, the BFAP shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration.

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(ii) The Commercial General Liability and Automobile Policy shall each contain a provision stating that BFAP’s policy is primary insurance and that any insurance, self-insurance, or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss. (iii) The retroactive date (if any) of each policy is to be no later than the effective date of this MOU. BFAP shall maintain such coverage continuously for a period of at least three (3) years after the completion of the work under this MOU. BFAP shall purchase a one (1) year extended reporting period (a) if the retroactive date is advanced past the effective date of this MOU; (b) if the policy is cancelled or not renewed; or (c) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this MOU.
(iv) All required insurance coverages (except for the
professional liability coverage) shall contain or be endorsed to provide waiver of subrogation in favor of the City (its officials, officers, employees, agents, and volunteers) or shall specifically allow BFAP or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. BFAP waives its own right of recovery against City; and shall require similar written express waivers and insurance clauses from each of its subcontractors. (v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the BFAP from liability in excess of such coverage, nor shall it limit the BFAP’s indemnification obligations to the City and preclude the City from taking such other actions available to the City under other provisions of the MOU or law. j. Qualifying Insurers. All policies required shall be issued by acceptable insurance companies (as determined by the City) which satisfy the following minimum requirements: Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any Federal law. k. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by BFAP; and any approval of said insurance by the City is not intended to and shall not in any manner limit or qualify

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the liabilities and obligations otherwise assumed by the BFAP pursuant to this MOU (including but not limited to the provisions concerning indemnification). (ii) If at any time during the life of the MOU, any policy of insurance required under this MOU does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by BFAP or City will withhold amounts sufficient to pay premium from BFAP payments. In the alternative, City may cancel this MOU. (iii) The City may require the BFAP and its retained
consultants to provide complete copies of all insurance policies in effect for the duration of the Project.
(iv) The City (City Council, any member of the City Council, officials, officers, employees, agents, or volunteers) shall not be personally responsible for any liability arising under or by virtue of this MOU. l. Subcontractor Insurance Requirements. BFAP shall not allow any contractors or subcontractors to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or subcontractors shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by BFAP, the City may approve different scopes or minimum limits of insurance for particular subcontractors or consultants.

6. Indemnification. To the fullest extent permitted by law, BFAP shall defend (with counsel reasonably approved by the City), indemnify, and hold the City (its elected and appointed officials, officers, employees, agents, and authorized volunteers) free and harmless from any and all claims (demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind in law or equity to property or persons including wrongful death (“Claims”)) in any manner arising out of, pertaining to, or incident to any alleged acts (errors, omissions, or willful misconduct) of BFAP (its officials, officers, employees, subcontractors, BFAP’s, or agents) in connection with the performance of the BFAP’s services, the Project, or this MOU (including without limitation the payment of all damages, expert witness fees, attorneys’ fees, and other related costs and expenses). BFAP’s duty to defend arises immediately upon tender by the City and exists regardless of any ultimate determination of fault. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City. BFAP's obligation

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to indemnify shall not be restricted to insurance proceeds, if any, received by the City (the City Council, members of the City Council, its employees, or authorized volunteers). BFAP’s indemnification obligation shall survive the expiration or earlier termination of this MOU.

7. California Labor Code Requirements
a. BFAP is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq. (as well as California Code of Regulations, Title 8, Section 16000, et seq.) ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project as defined by the Prevailing Wage Laws, BFAP agrees to fully comply with such Prevailing Wage Laws if applicable. BFAP shall defend, indemnify, and hold the City (its elected officials, officers, employees, and agents) free and harmless from any claims (liabilities, costs, penalties, or interest) arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the BFAP and any consultants performing services to comply with all California Labor Code provisions which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815), and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.
b. If the Services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, BFAP and any consultants performing services subject to applicable DIR registration requirements must be registered with the Department of Industrial Relations. BFAP shall maintain registration for the duration of the Project and require the same of any consultants performing services subject to DIR registration requirements, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be BFAP’s sole responsibility to comply with all applicable registration and labor compliance requirements. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.

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8. Verification of Employment Eligibility. By executing this MOU, BFAP verifies that it fully complies with all requirements and restrictions of state and Federal law respecting the employment of undocumented aliens (including but not limited to the Immigration Reform and Control Act of 1986 as may be amended from time to time), and shall require all consultants and subconsultants retained under this MOU to comply with the same.

9. Laws and Venue. This MOU shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this MOU, the action shall be brought in a state or Federal court situated in the County of Los Angeles, State of California.

10. Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work under this MOU by giving ten (10) calendar days’ written notice to BFAP.

In such event, at its option and upon reimbursement to BFAP of its out-of-pocket costs therefore, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports, and other documents produced or developed for that portion of the work completed and/or being abandoned (but in no event shall this be construed to mean that the City shall be entitled to the BFAP name or logo). BFAP acknowledges and agrees that City shall have no obligation to reimburse BFAP for pre-development, feasibility, design, fundraising, or related costs unless expressly approved in writing by City or as otherwise provided in this MOU. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be only those reimbursable amounts expressly authorized in writing by City (based on an amount mutually agreed to by the Parties of the portion of such task completed but not paid prior to said termination). The City shall not be liable for any costs other than the charges or portions thereof which are specified herein. BFAP waives all claims for lost opportunity, anticipated profits, reliance damages, or consequential damages arising from termination of this MOU or denial of the Project. b. BFAP may terminate its obligation to provide further services under this MOU upon written notice to the City if BFAP determines, in good faith, that it no longer wishes to continue the feasibility process. c. If the MOU is terminated prior to its completion for any reason, BFAP shall pay any owed amounts that it has previously approved in writing.

11. Responsibility for Errors. BFAP shall be responsible for its work and results under this MOU; and shall furnish clarification and/or explanation as may

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be required by the City’s representative regarding any services rendered under this MOU at no additional cost to City. In the event an error or omission attributable to the professional services performed by either party’s retained professionals or consultants occurs, such party shall make commercially reasonable efforts to cause such design professional or consultant to provide, at no cost to the other party, such corrective services as are reasonably necessary to remedy the error or omission.

12. Prohibited Employment. BFAP shall not employ any current employee of City to perform the work under this MOU while this MOU is in effect.

13. Costs. Each Party shall bear its own costs and fees incurred in the preparation and negotiation of this MOU; and in the performance of its obligations hereunder except as expressly provided herein.

14. Ownership of Documents and Confidential Information a. All deliverables and other documents generated by BFAP in the performance of the Services (including all work papers, work-in-progress, designs, drawings, documents, data, computations, specifications, studies and reports prepared by BFAP as a part of the Services or authorized Additional Services (“BFAP Work Product”)) shall belong to and be subject to the sole ownership and use of City. City shall have unrestricted rights to use, reproduce, modify, and distribute such materials for governmental purposes. b. During the course of the performance of this MOU, either Party may disclose to the other written or verbal information that is not in the public domain and that the disclosing Party considers proprietary or confidential, including know-how, trade secrets, and other confidential business or technical information ("Confidential Information"). To the extent reasonably practicable, written Confidential Information shall be clearly identified or labeled as "Confidential" at the time of disclosure. If Confidential Information is disclosed verbally, the disclosing Party shall identify it as confidential at the time of disclosure and, upon request, confirm such designation in writing within a reasonable time thereafter. Each Party agrees that neither it nor its officers, employees, representatives, agents, successors, or assigns shall disclose the other Party's Confidential Information to any third party or use such Confidential Information for any purpose other than performance of this MOU without the prior written consent of the disclosing Party. Each Party shall protect the other Party's Confidential Information using the same degree of care it uses to protect its own confidential information, but in no event less than a reasonable standard of care.

Nothing in this Section shall require either Party to treat as Confidential Information any information that (i) is or becomes publicly available through no wrongful act

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of the receiving Party, (ii) was lawfully known to the receiving Party prior to disclosure, (iii) is lawfully received from a third party without restriction, or (iv) is independently developed without use of the disclosing Party's Confidential Information. If disclosure of Confidential Information is required by applicable law, including the California Public Records Act or other legal process, the receiving Party shall, to the extent legally permitted, promptly notify the disclosing Party to allow it an opportunity to seek any available exemption or protective order prior to disclosure.

15. Organization. BFAP shall assign Carla Buck as Project Manager. BFAP shall provide City fifteen (15) days written notice before removing or reassigning the Project Manager from the Project. City shall designate the Parks and Recreation Department project manager assigned to administer this MOU as the primary staff contact for communications and Project administration.

16. Limitation of MOU. This MOU is limited to and includes only the work included in the Project described above.

17. Approval of Costs. Notwithstanding anything to the contrary in this MOU, BFAP shall not be obligated to reimburse the City for any third-party consultant fees, legal fees, engineering fees, or other extraordinary Projectrelated costs unless (a) the City has provided BFAP with a written estimate of such costs, and (b) BFAP has approved such costs in writing prior to the City incurring the expense. Mutually approved plan check fees expressly required under this MOU shall not require separate approval. Routine City staff review, legal review, engineering review, environmental review, project management, administrative costs, and plan check fees incurred in the ordinary administration of this MOU shall not constitute extraordinary Project-related costs for purposes of this Section.

18. Project Planning Process. The Parties acknowledge that the Project is expected to proceed in multiple phases. While the precise scope, timing, and sequencing of such phases may be modified by mutual agreement based on Project needs, the Parties currently anticipate that: (a) the initial phase will generally include conceptual design alternatives, preliminary cost estimates, operational and maintenance analyses, and community outreach sufficient to allow the City Council to evaluate potential Project locations; (b) following City Council's identification of a preferred location, a subsequent phase may include preparation of detailed design documents, environmental review, permitting, and other technical studies for that location; and (c) upon completion of such work, BFAP may present the completed feasibility analysis, together with its proposed funding plan, for City Council consideration. Nothing in this Section shall obligate the City to approve any Project, select any location, proceed to any subsequent phase, or otherwise limit the City's discretion under this MOU.

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19. Notice. Any notice or instrument required to be given or delivered by this MOU may be given or delivered by depositing it in any United States Post Office (certified mail, return receipt requested, postage prepaid, and addressed to the following addresses) and shall be effective upon receipt thereof:

CITY
City of Hermosa Beach
1315 Valley Drive
Hermosa Beach, California 90254
Attn: City Manager
BFAP
Bark for a Park
40 21st Street
Hermosa Beach, California 90254
Attn: Carla Buck

20. Third Party Rights. Nothing in this MOU shall be construed to give any rights or benefits to anyone other than the City and the BFAP.

21. Equal Opportunity Employment. BFAP represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age, or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include but not be limited to all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination.

22. City’s Right to Employ Other Contractors. City reserves its right to employ other contractors, including engineers, in connection with this Project or other projects.

23. Successors and Assigns. This MOU shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators, and assigns of each Party to this MOU. However, BFAP shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties, or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.

24. Prohibited Interests. BFAP maintains and warrants that it has neither employed nor retained any company or person (other than a bona fide employee working solely for BFAP) to solicit or secure this MOU. Further, BFAP warrants that it has not paid nor has it agreed to pay any company or person (other than a bona fide employee working solely for BFAP) any fee, commission, percentage, brokerage fee, gift, or other consideration contingent upon or resulting from the award or making of this MOU. For breach or violation of this

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warranty, City shall have the right to rescind this MOU without liability. No official, officer, or employee of City (during the term of his or her service with City) shall have any direct interest in this MOU; or obtain any present or anticipated material benefit arising therefrom for the term of this MOU.

25. Non-Waiver. The delay or failure of either Party at any time to require performance or compliance by the other Party of any of its obligations shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this MOU shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. The waiver of any right or remedy with respect to any occurrence or event shall not be deemed a waiver of any right or remedy with respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.

26. Severability. If any provision of this MOU is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance; and the remaining provisions of this MOU shall remain in full force and effect.

27. Time of Essence. Time is of the essence for each and every provision of this MOU.

28. Headings. Paragraphs and subparagraph headings contained in this MOU are included solely for convenience and are not intended to modify, explain, or to be a full or accurate description of the content thereof; and shall not in any way affect the meaning or interpretation of this MOU.

29. Amendments. Only a writing executed by all of the Parties hereto or their respective successors and assigns may amend this MOU.

30. Authority. The persons executing this MOU on behalf of the Parties hereto warrant that they are duly authorized to execute this MOU on behalf of said Parties; and that by doing so, the Parties hereto are formally bound to the provisions of this MOU.

31. Entire MOU. This MOU (including the Exhibits) represents the entire understanding of the Parties as to those matters contained herein; and supersedes and cancels any prior or contemporaneous oral or written understanding, promises, or representations with respect to those matters covered hereunder. Each Party acknowledges that no representations, inducements, promises, or MOUs have been made by any person which are not incorporated herein, and that any other MOUs shall be void. This is an integrated

BBK (2026) Page 20 of 20 MEMORANDUM OF UNDERSTANDING

MOU. This MOU shall be construed narrowly as a feasibility and planning agreement only and shall not be interpreted as granting any entitlement, approval, or expectation of future approval.

32. Counterparts. This MOU may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one single MOU.

33. Electronic Signature. Each Party acknowledges and agrees that this MOU may be executed by electronic or digital signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature.

IN WITNESS WHEREOF, the Parties hereto have executed this MOU on the Effective Date.

CITY OF HERMOSA BEACH
APPROVED BY:

Steve Napolitano
City Manager
ATTESTED BY:

Martha Alvarez
City Clerk
APPROVED AS TO FORM:

Jason Baltimore
Interim City Attorney

BARK FOR A PARK
Carla Buck
President

City of Hermosa Beach | Page 1 of 2
Meeting Date: July 28, 2026
Staff Report No. 26-PR-047
Honorable Mayor and Members of the Hermosa Beach City Council

APPROVAL OF LICENSE AGREEMENT WITH THE HERMOSA BEACH LAWN

BOWLING CLUB AND ADOPTION OF RESOLUTION MAKING FINDINGS OF

PUBLIC PURPOSE AND PUBLIC BENEFIT
(Parks and Recreation Director Lisa Nichols)

A) APPROVE

B) ADOPT RESOLUTION BY TITLE
Recommended Action:

Staff recommends City Council:

1. Adopt a Resolution making findings of public purpose and public benefit regarding use of City of Hermosa Beach property by the Hermosa Beach Lawn Bowling Club;

2. Approve the License Agreement between the City and Hermosa Beach Lawn Bowling Club for continued use of portions of the Clark Complex;

3. Authorize the City Manager to execute the License Agreement, subject to nonsubstantive revisions approved as to form by the City Attorney.

Executive Summary:

The Hermosa Beach Lawn Bowling Club (HBLBC) has operated lawn bowling activities at the Clark Complex for many decades without a formal written agreement. The proposed License Agreement establishes a one-year framework governing HBLBC's continued use of the Clark Complex. The accompanying Resolution makes findings regarding public purpose and public benefit pertaining to HBLBC’s use of the facility.

Background:

The Hermosa Beach Lawn Bowling Club (HBLBC) has operated lawn bowling activities at the Clark Complex for many decades without a formal written agreement governing public access, maintenance responsibilities, insurance requirements, indemnification obligations, operational responsibilities, accessibility obligations, or other riskmanagement provisions.

The accompanying Resolution makes findings regarding public purpose, public benefit, adequate consideration, and risk allocation supporting approval of the Agreement.

City of Hermosa Beach | Page 2 of 2
Discussion:

The proposed License Agreement establishes a formal framework governing HBLBC's continued use of the Clark Complex and clarifies the respective responsibilities of the City and HBLBC.

Key provisions include: (1) a one-year initial term with potential month-to-month extensions; (2) public access and programming; (3) insurance, indemnification, and riskmanagement protections; (4) maintenance, operational, and accessibility obligations; (5) requirements governing third-party events and rentals; and (6) provisions addressing future utility allocation, maintenance allocation, and capital improvement cost recovery.

The accompanying Resolution makes findings regarding public purpose, public benefit, adequate consideration, public access, and risk allocation supporting approval of the Agreement.

This item is separate from the broader review of HBLBC operations that will be considered by the Parks and Recreation Advisory Commission and Council at a future date.

Fiscal Impact:

The Agreement establishes an annual license fee of one dollar.

Attachments:

1. Draft Resolution

2. License Agreement with HBLBC
Respectfully Submitted by: Lisa Nichols, Parks and Recreation Director Noted for Fiscal Impact: Henry Chao, Finance Manager
Reviewed by: Brandon Walker, Administrative Services Director Legal Review: Jason Baltimore, Interim City Attorney
Approved: Steve Napolitano, City Manager

CITY OF HERMOSA BEACH
RESOLUTION NO. 26-XXXX

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

MAKING FINDINGS OF PUBLIC PURPOSE AND PUBLIC BENEFIT

REGARDING THE USE OF CITY PROPERTY BY THE HERMOSA BEACH LAWN BOWLING CLUB; APPROVING LICENSE AGREEMENT; AND

IMPLEMENTING PUBLIC ACCESS, RISK ALLOCATION, AND OPERATIONAL

REQUIREMENTS
WHEREAS, the City of Hermosa Beach (“City”) City Council adopted Resolution No. 1016 dated March 7, 1933, authorizing the acquisition of real property for expansion of Cypress Park for public park and recreational purposes (“Recreational Purposes”); and
WHEREAS, former Mayor John Clark donated funds to the City for the construction of a lawn bowling green to be held in trust for Recreational Purposes (“Clark Complex”), which constitutes public recreational property owned and maintained by the City (and the facility was dedicated on June 15, 1935); and WHEREAS, the Hermosa Beach Lawn Bowling Club (“HBLBC”) has operated lawn bowling activities at the Clark Complex providing recreational programming, instruction, tournaments, public access opportunities, and community events; and
WHEREAS, the City has historically supported HBLBC through provision of facilities, maintenance services, and utilities (“City Services”) without a formal written agreement allocating financial terms, liability, indemnification, insurance coverage, regulatory compliance, public access obligations, accessibility compliance obligations, or maintenance and operational responsibilities (“Operational Responsibilities”); and
WHEREAS, the Clark Complex must remain available for public recreational use in consideration of support by City Services, and may not be unlawfully delegated to private entities without adequate safeguards ensuring continued public benefit and access pursuant to the California Constitution (Section 6 to Article XVI); and

WHEREAS, the City may elect to complete certain capital improvements to the Facilities, including roof replacement work, through the City’s Capital Improvement Program, in order to ensure compliance with City standards and public procurement requirements; and
WHEREAS, the City has prepared a License Agreement which establishes the Operational Responsibilities governing HBLBC’s use of the Clark Complex to ensure safeguards by requiring: (1) ongoing public access; (2) compliance with applicable laws including accessibility requirements; (3) City oversight of events, rentals, and third-party uses; (4) indemnification and defense obligations in favor of the City; (5) insurance requirements including additional insured and primary/non-contributory provisions; (6) maintenance, safety, and operational obligations; and (7) regulation of third-party activities and use of City property; and
WHEREAS, the License Agreement is intended to operate as a temporary one-year arrangement, subject only to possible month-to-month extensions upon mutual agreement of the Parties; and does not create any leasehold, tenancy, easement, vested right, or other property interest in favor of HBLBC.

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

SECTION 1. Incorporation of Recitals. The recitals above are true and correct, and are hereby incorporated herein by reference.

SECTION 2. Findings. The City Council hereby finds the following, and such findings set forth in this Resolution are legislative determinations entitled to deference and shall be used to interpret and support the validity of any agreement approved by the City Council. In addition, the findings contained herein shall apply to and support the validity and enforceability of the License Agreement, and all related operational requirements approved pursuant thereto:
a. Public Purpose. The continued use of the Clark Complex by HBLBC serves a valid and substantial public purpose including: (1) providing recreational opportunities to the public consistent with the City’s park and recreation mission; (2) promoting health, wellness, and social engagement through accessible recreational programming; (3) preserving a historically significant community recreational activity within the City; (4) supplementing City recreational services through volunteer-based programming; and (5) ensuring

continued activation and stewardship of a portion of the Clark Complex for Recreational Purposes.
b. Public Benefit. HBLBC provides direct and quantifiable public benefits including: (1) offering free or low-cost lawn bowling instruction open to the public; (2) providing community access to recreational facilities and programming; (3) supporting community events and activities accessible to residents; (4) maintaining and activating a portion of the Clark Complex for recreational use that might otherwise require additional City resources; (5) providing structured programming, event oversight, and facility activation subject to City review and approval as required under the License Agreement; and (6) providing publicly accessible recreational opportunities and instruction consistent with the public recreational purpose of the Clark Complex (regardless of its current organizational form; provided that HBLBC complies with the operational, public access, insurance, maintenance, and other requirements imposed by the License Agreement).
c. Adequate Consideration. The public benefits described herein constitute adequate consideration in exchange for the use of City property and the provision of limited City resources, and therefore do not constitute a gift of public funds in violation of the California Constitution; and such consideration is further supported by the obligations imposed under the License Agreement including maintenance responsibilities, accessibility compliance obligations, risk transfer provisions, insurance obligations, operational requirements, and financial terms (including the annual license fee, fees, and/or revenue sharing). Such consideration may also include reimbursement obligations or cost-sharing arrangements associated with City-funded capital improvements benefiting HBLBC facilities.
(1) The City Council finds the public benefits provided by HBLBC under the License Agreement constitute substantial additional consideration supporting the City's authorization of continued use of the Facilities. (2) The City Council expressly finds that the License
Agreement serves a valid public purpose and does not constitute a gift of public funds or public resources in violation of the California Constitution (Section 6 of Article XVI), and that the consideration received by the City is reasonably related to and supports the public purposes identified herein.
(3) The City Council further finds that the annual
license fee, public access obligations, recreational programming, maintenance obligations, insurance requirements, indemnification obligations, operational

responsibilities, and other commitments undertaken by HBLBC collectively constitute adequate consideration supporting the License Agreement; and that such consideration is not dependent upon whether HBLBC is presently incorporated as a nonprofit public benefit corporation. d. Formal Agreement. The current informal arrangement is insufficient to adequately protect the City’s legal and financial interests, and the License Agreement approved herein is necessary to ensure compliance with applicable law and risk management practices.
(1) Such agreement must include provisions
addressing indemnification, insurance, maintenance responsibilities, public access, accessibility obligations, public-benefit obligations, and financial terms. (2) The City Council finds that formal allocation of
operational, maintenance, insurance, indemnification, and public access obligations is necessary to reduce legal exposure and ensure continued compliance with applicable law and public policy.
(3) The City Council further finds that the License
Agreement shall appropriately require HBLBC to pursue formal nonprofit incorporation and organizational documentation as part of the City's ongoing risk-management and governance objectives.
e. Preservation of Public Use. Any agreement with HBLBC must preserve the public nature of the Clark Complex, ensure reasonable and ongoing public access to the premises, and prevent exclusive private control inconsistent with public park purposes; and the License Agreement includes enforceable provisions to ensure such public access and prevent exclusive private use (including publicly available instruction and participation opportunities, periodic public programming, and reasonable opportunities for community participation in Lawn Bowling Activities).
f. Risk Allocation and Legal Compliance. The License
Agreement appropriately allocates risk and addresses legal concerns identified by the City Attorney by: (1) requiring indemnification and defense of the City; (2) establishing insurance requirements including additional insured and primary/non-contributory provisions; (3) assigning maintenance and safety responsibilities; (4) requiring compliance with accessibility, safety, maintenance, and other legal requirements; (5) regulating third-party use of City property; (6) requiring oversight and compliance obligations for third-party users, renters, tournaments, and events conducted at the Clark Complex; (7) establishing

mechanisms for future maintenance allocation, utility allocation, and cost-sharing for major capital improvements and shared facilities; and (8) preserving the City's ability to periodically review, modify, renew, extend, or terminate the arrangement based upon public benefit, operational performance, risk management, public policy considerations, and compliance with organizationalstatus requirements imposed by the License Agreement.

SECTION 3. Approval of License Agreement. The City Council hereby approves the License Agreement (including Exhibits B and C) in substantially the form presented, and authorizes the City Manager to execute the same subject to modification by the City Attorney.
a. The City Manager is authorized to approve nonsubstantive revisions consistent with the intent of this Resolution and subject to approval as to form by the City Attorney.
b. The City Council acknowledges the License Agreement
is intended as a temporary one-year arrangement for purposes of evaluating operational performance, public benefit, risk allocation, long-term use of the Facilities, and the effectiveness of the License Agreement in addressing the legal and risk-management concerns identified by the City (including evaluation of HBLBC's progress toward formal organizational and governance requirements established by the License Agreement); and that any future renewal, extension, replacement agreement, or material modification shall remain subject to future City approval requirements.

SECTION 4. California Environmental Quality Act (“CEQA”). The City Council finds the following:
a. CEQA Guidelines section 15061(b)(3) (Common Sense
Exemption). Approval of the License Agreement and adoption of this Resolution are exempt from CEQA because it can be seen with certainty that there is no possibility that approval of the License Agreement and the actions authorized by this Resolution may have a significant effect on the environment. b. CEQA Guidelines section 15301 (Existing Facilities). The action is exempt from CEQA because the License Agreement authorizes the continued operation, maintenance, and use of existing public recreational facilities involving negligible or no expansion of existing use. c. CEQA Guidelines section 15304 (Minor Alterations to
Land). To the extent applicable, the action is exempt from CEQA because the License Agreement authorizes only minor operational activities associated with

the continued use of the existing Facilities and does not authorize any substantial physical alteration of the site.
d. Future Capital Improvement Project. Approval of the
License Agreement does not approve any future capital improvement project, roof replacement project, physical expansion, construction activity, or other action that may require separate environmental review under CEQA. Any such future project shall be evaluated independently for CEQA compliance, if required by law.

SECTION 5. Severability. If any section or provision of this Resolution is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, the remaining sections and/or provisions of this Resolution shall remain valid. The City Council declares that it would have adopted this Resolution, and each section or provision thereof, regardless of the fact that any one or more section(s) or provision(s) may be declared invalid or unconstitutional or contravened via legislation.

SECTION 6. Certification. The City Clerk shall certify to the passage and adoption of this Resolution; cause the same to be entered among the original resolutions of the City; and make a minute of the passage and adoption thereof in the records of the proceedings of the City Council in the minutes of the meeting at which time same is passed and adopted.

SECTION 7. Effective Date. This Resolution is effective immediately upon adoption.
a. Approval Survival. The findings contained herein shall survive approval of the License Agreement and shall continue to apply to any month-to-month extension authorized pursuant to the terms of the License Agreement, unless the City Council determines that additional or modified findings are necessary.
b. No Vested Right. Nothing in this Resolution shall be construed as creating any vested right to renewal, extension, continued occupancy, or continued use of the Facilities beyond the term authorized by the License Agreement.

PASSED, APPROVED and ADOPTED on this [__]th day of [____] 2026. ______________________________________________________________________________ Mayor Mike Detoy
PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, CA ATTEST: APPROVED AS TO FORM:
_______________________________ ________________________________ Martha Alvarez Jason Baltimore
City Clerk Interim City Attorney

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

LICENSE AGREEMENT

BETWEEN

THE CITY OF HERMOSA BEACH
AND

THE HERMOSA BEACH LAWN BOWLING CLUB
This License Agreement (“Agreement”) is made and entered into as of August 1, 2026 (“Effective Date”), by and between the City of Hermosa Beach (a municipal corporation organized and operating under the laws of the State of California with its principal place of business at 1315 Valley Drive, Hermosa Beach, California 90254) (“City”) and the Hermosa Beach Lawn Bowling Club (an unincorporated association, or such other legal entity as may hereafter be established, with its principal place of business at P.O. Box 132, Hermosa Beach, California 90254) (“Licensee”). City and Licensee are hereinafter sometimes referred to individually as “Party” and collectively as the “Parties”.

RECITALS
A. City owns the Clark Complex, including the lawn bowling green and clubhouse depicted on Exhibit A ("Facilities").

B. Licensee is a volunteer-operated lawn bowling organization that has historically conducted lawn bowling activities at the Facilities.

C. The Parties desire to establish a temporary agreement governing Licensee's continued use of the Facilities.

D. The Parties acknowledge that this Agreement is supported by the public recreational benefits provided by Licensee together with Licensee's obligations regarding public access, maintenance, insurance, indemnification, and operation of the Facilities.

NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

AGREEMENT

1. Incorporation of Recitals. The recitals above are true and correct, and are hereby incorporated herein by this reference.

2. Term. This Agreement shall commence on the Effective Date and continue until one year from the Effective Date, unless the Agreement is previously terminated as provided for herein (“Term”). Upon expiration of the initial Term, this

BBK (2026) Page 2 of 12 LICENSE AGREEMENT
Agreement may continue on a month-to-month basis upon the mutual written agreement of the Parties. Any such month-to-month extension shall automatically renew for successive thirty (30) day periods unless terminated by either Party pursuant to this Agreement.

3. Compensation
a. Use Charges. Licensee shall pay the City applicable fees for the use of the Facilities in the amount of one dollar ($1) annually, commencing on the date of execution of this Agreement and on each anniversary of such date of execution. The Parties acknowledge and agree that the monetary license fee does not represent the sole consideration supporting this Agreement. The City has determined that Licensee's obligations under this Agreement (including public access requirements, recreational programming, maintenance obligations, insurance requirements, indemnification obligations, operational responsibilities, and other public benefits provided by Licensee) constitute substantial additional consideration supporting the City's decision to grant this License. b. Future Capital Improvements. The Parties acknowledge that the City may undertake future capital improvements affecting the Facilities.

Any future cost-sharing, reimbursement, or capital improvement obligations shall be addressed through a separate agreement or amendment approved by the City.
c. Public Benefit. The Parties acknowledge that the Facilities are located on City-owned property dedicated to public recreational purposes and that this Agreement serves a valid public purpose through recreational programming, public access, and community use of the Facilities.

4. Use of Facilities
a. Facilities Subject to License. Subject to the terms and conditions of this Agreement, the City hereby agrees to allow Licensee to use the Facilities for the purpose of conducting the Activities consistent with the public recreational purposes of the Clark Complex and the public-benefit findings supporting this Agreement.
b. Terms of License. With this License, the City grants the Licensee the limited right to use the Facilities for the specific purpose named herein. Any License or permission granted hereunder is subject to the discretion, approval, and direction of the City throughout the term and duration of the License; and the City retains the authority to supervise, control, and/or terminate any activities conducted pursuant to this Agreement (including without limitation activities determined by the City to create unsafe conditions, interfere with public access,

BBK (2026) Page 3 of 12 LICENSE AGREEMENT
or violate applicable law or City policy). The City hereby designates the Parks and Recreation Director or his or her designee, to act as its representative for the performance of this Agreement ("City's Representative"). Licensee shall not accept direction or orders from any person other than the City's Representative or his or her designee.
c. Rules and Regulations for Use of Facilities. Licensee shall comply with the rules and regulations for use of the Facilities as set forth on Exhibit B, attached hereto and incorporated herein by reference. In the event of any inconsistency between the terms of Exhibit B and this Agreement, the terms of this Agreement shall govern.
d. Care and Maintenance of Facilities. Licensee shall be responsible for the care and maintenance of the Facilities as set forth on Exhibit C, attached hereto and incorporated herein by reference.

5. Terms
a. Non-assignment of License. The permission, rights, and privileges granted hereunder are nonexclusive and nontransferable. Licensee shall not (either voluntarily or by action of law) assign or transfer this License or any obligation, right, title, or interest assumed by Licensee herein without the prior written consent of the City. If Licensee attempts an assignment or transfer of this License or any obligation, right, title or interest herein, City may at its option terminate the License; and shall thereupon be relieved from any and all obligations to Licensee or its assignee or transferee.
b. Surrender and Repair of Damage. Upon the cancellation, expiration, or termination of this License, Licensee shall surrender the Facilities within thirty (30) days following notice of termination (or earlier if required by this Agreement) in the same condition as received free from hazards and clear of all debris and of all property of Licensee (or its agents or invitees). Licensee shall promptly, at its sole cost, repair any and all damage to the Facilities and any personal property located thereon caused by Licensee (or its agents or invitees).

Licensee shall obtain City’s prior approval of any party to be used by Licensee to conduct such repair work. If Licensee damages Facilities or any personal property, the final repair costs owed by Licensee shall be determined by the City, and shall be paid by Licensee within five (5) days of City’s demand therefor. Licensee’s obligations under this Section shall survive the cancellation, expiration, or termination of this Agreement.
c. Compliance with Laws; Regulatory Approvals. Licensee shall (at its sole expense) conduct and cause to be conducted all activities on the

BBK (2026) Page 4 of 12 LICENSE AGREEMENT
Facilities in compliance with all laws, regulations, codes, ordinances, and orders of any governmental or other regulatory entity; and whether or not in the contemplation of the Parties. Such laws shall include but are not limited to local, state, and Federal laws prohibiting discrimination in employment and public accommodations. Licensee agrees to conduct the Activities at all times in a safe and prudent manner with full regard to the public safety, and to observe all applicable regulations and requests of the City (and other government agencies responsible for public safety). Licensee shall, at its sole expense, procure and maintain in force at all times during its use of the Facilities any and all licenses or approvals necessary to conduct the Activities. In addition, Licensee shall ensure that all programs, services, and activities conducted pursuant to this Agreement comply with applicable accessibility requirements including reasonable accommodations and programmatic access obligations under state and Federal law.
d. Utilities. The City may continue providing utility services to the Facilities during the term of this Agreement. The City reserves the right to implement utility cost recovery, reimbursement, allocation, sub-metering, or separate utility service requirements upon written notice to Licensee. e. City’s Right to Cure Defaults by Licensee. If Licensee defaults in the performance of any of its obligations under this Agreement, City may (at its sole option) remedy such failure for Licensee’s account and at Licensee’s expense by providing Licensee with three (3) days prior written or oral notice of City’s intention to cure such default (except that no such prior notice shall be required in the event of an emergency as determined by City). Licensee shall pay to City upon demand all costs, damages, expenses, or liabilities incurred by City (including without limitation reasonable attorneys’ fees and costs) in remedying or attempting to remedy such default. Licensee’s obligations under this Section shall survive the cancellation, expiration, or termination of this Agreement. f. As Is Condition of Facilities; Disclaimer of Representations.

Licensee accepts the use of the Facilities in its “As Is” condition without representation or warranty of any kind by City (its officers, agents, or employees) including without limitation the suitability or safety of the Facilities or any Facilities on the Facilities for Licensee’s use; except that nothing herein shall relieve the City of obligations imposed by non-waivable provisions of law. g. No Assignment. Neither this Agreement nor any duties or obligations hereunder may be assigned, conveyed, or delegated by the Licensee unless first approved by the City by written instrument executed and approved in the same manner as this Agreement.

BBK (2026) Page 5 of 12 LICENSE AGREEMENT
h. No Joint Ventures or Partnership; Independent Licensee. This Agreement does not create a partnership or joint venture between the Parties.

Licensee shall be solely responsible for all matters relating to payment of its employees (including without limitation compliance with any and all Federal, state, or local law and regulations).
i. Impossibility of Performance. If for any reason an unforeseen event occurs which is beyond the control of the Parties which event renders impossible the fulfillment of any term of this Agreement, the Parties shall have no right to nor claim for damages against the other.
j. Possessory Interest Taxes. Licensee recognizes and understands that this Agreement may create a possessory interest subject to property taxation and that Licensee may be subject to the payment of property taxes levied on such interest under applicable law. Licensee agrees to pay taxes of any kind (including possessory interest taxes, if any) that may be lawfully assessed on Licensee’s interest under this Agreement or use of the Facilities pursuant hereto; and to pay any other taxes, excises, licenses, permit charges, or assessments based on Licensee’s usage of the Facilities that may be imposed upon Licensee by applicable law.
k. Organizational Status. Licensee shall take the following actions:
(1) apply for incorporation as a California nonprofit public benefit corporation within ninety (90) days following the Effective Date of this Agreement; (2) diligently pursue such incorporation and shall provide documentation reasonably requested by the City demonstrating compliance with this Section; (3) obtain and maintain California nonprofit public benefit corporation status within twelve (12) months following the Effective Date, unless the City Manager grants a written extension for good cause shown; and (4) promptly notify the City of any material change in its organizational status, good standing, tax status, or authority to conduct business in the State of California.

6. Waiver of Claims
a. Except as otherwise provided by law, neither City (nor the City Council or any of its commissions, departments, boards, officers, agents, or employees) shall be liable for any damage to the property of Licensee (its officers, agents, employees, invitees, Licensees, or subcontractors or their employees) or for any bodily injury or death to such persons; or for any other loss resulting or arising from the condition of the Facilities or its use by Licensee. b. Licensee fully releases, waives, and discharges forever any and all claims, demands, rights, and causes of action against (and covenants not to

BBK (2026) Page 6 of 12 LICENSE AGREEMENT
sue) City (its departments, commissions, officers, directors, and employees; and all persons acting by, through, or under each of them under any present or future laws, statutes, or regulations): (1) for any claim or event relating to the condition of the Facilities or Licensee’s use thereof; and (2) in the event that City exercises its right to suspend, revoke, or terminate this Agreement. c. In connection with the foregoing release, Licensee
acknowledges that it is familiar with Section 1542 of the California Civil Code which reads: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” _______
Initials
d. Licensee acknowledges that the releases contained herein include all known and unknown, disclosed and undisclosed, and anticipated and unanticipated claims. Licensee realizes and acknowledges that it has agreed upon this Agreement in light of this realization and, being fully aware of this situation, it nevertheless intends to waive the benefit of Civil Code Section 1542; or any statute or other similar law now or later in effect. The releases contained herein shall survive any cancellation or termination of this Agreement.

7. Ownership. It is expressly understood and agreed that this Agreement does not represent or give Licensee any additional right or interest of title in or to the Property whatsoever, but only grants a license for the License Area. a. Public Access. Licensee shall provide reasonable public access and recreational opportunities consistent with the public recreational purpose of the Clark Complex. Licensee shall not restrict access in a manner inconsistent with the public recreational purpose of the Clark Complex. Licensee shall also maintain and publish a schedule of public instruction and access hours, and shall provide such schedule to the City upon request. b. Failure to provide Public Access. The public access
requirements set forth herein are material terms of this Agreement and constitute a significant component of the public benefit and consideration supporting the City's approval of this License. Failure to maintain such public access may constitute grounds for termination pursuant to Section 12.

8. Insurance. Licensee shall not occupy, use, operate, manage, conduct activities at, or permit third-party use of the Facilities until it has provided

BBK (2026) Page 7 of 12 LICENSE AGREEMENT
evidence satisfactory to the City demonstrating compliance with all insurance required under this section. In addition, Licensee shall not allow any contractor, vendor, event operator, tournament organizer, renter, or other third-party user to utilize the Facilities until it has secured all insurance required under this section. a. Licensee shall maintain the following minimum coverages:
(1) Commercial General Liability: $2,000,000 per
occurrence/$4,000,000 aggregate.
(2) Automobile Liability (including hired and non-owned automobiles): $1,000,000 per occurrence.
(3) Directors and Officers Liability: $1,000,000 per claim and aggregate.
(4) Workers' Compensation: Statutory limits, if Licensee employs paid employees.
(5) Employer's Liability: $1,000,000 per occurrence, if Licensee employs paid employees.
b. If requested, Licensee may satisfy electronic data security obligations through a Data Breach or Cyber Privacy endorsement with limits of not less than $50,000.
c. The City (its officers, officials, employees, agents, and volunteers) shall be named as additional insureds on the Commercial General Liability, Automobile Liability, and Umbrella Liability policies. d. All required insurance shall be primary and non-contributory to any insurance maintained by the City.
e. Licensee shall obtain a waiver of subrogation in favor of the City to the extent commercially available.
f. Prior to occupancy or use of the Facilities, Licensee shall provide certificates of insurance and endorsements demonstrating compliance with this Section.
g. All required insurance shall be issued by insurers authorized to transact business in California with an A.M. Best rating of not less than A, unless otherwise approved by the City.
h. Licensee shall provide at least thirty (30) days' prior written

BBK (2026) Page 8 of 12 LICENSE AGREEMENT
notice of cancellation, non-renewal, or material reduction in coverage, except ten (10) days' notice for cancellation due to non-payment of premium. i. Failure to maintain required insurance shall constitute a material breach of this Agreement.

9. Indemnification. To the fullest extent permitted by law, Licensee shall defend (with counsel reasonably approved by the City), indemnify, and hold the City (its elected and appointed officials, officers, employees, agents, and authorized volunteers) free and harmless from any and all claims (demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind in law or equity to property or persons including wrongful death (“Claims”)) in any manner arising out of, pertaining to, or incident to any alleged acts (errors, omissions, or willful misconduct) of Licensee (its officials, officers, employees, subcontractors, consultants, or agents) in connection with the performance of the Licensee’s services, the Project, or this Agreement (including without limitation the payment of all damages, expert witness fees, attorneys’ fees, and other related costs and expenses). This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City. Licensee's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City (the City Council, members of the City Council, its employees, or authorized volunteers).

Licensee’s indemnification obligation shall survive the expiration or earlier termination of this Agreement. In addition, Licensee’s duty to defend arises immediately upon tender by the City and is separate from and independent of the duty to indemnify.

10. Compliance with Law; Laws and Venue
a. Compliance with Law. Licensee shall comply with all
applicable laws, ordinances, codes, and regulations of the Federal, state, and local government (including California Division of Occupational Safety and Health Administration requirements).
b. Laws and Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or Federal court situated in the County of Los Angeles, State of California.

11. Termination. City reserves the right to suspend all activities or to cancel or terminate this Agreement upon the happening of the following conditions, and the City shall incur no liability or obligation upon exercising any of the termination rights listed herein:

BBK (2026) Page 9 of 12 LICENSE AGREEMENT
a. Termination Without Cause. Either Party may terminate this Agreement, with or without cause, upon thirty (30) days' prior written notice to the other Party. Upon expiration of such notice period, this Agreement shall terminate and Licensee shall surrender the Facilities in accordance with this Agreement. b. Immediate Termination Rights. Notwithstanding subsection (a), City reserves the right to immediately suspend activities or terminate this Agreement upon the occurrence of any of the events set forth below. c. Failure to Pay. Licensee fails to promptly pay all fees or charges under this Agreement when due.
d. Failure to Cure. Licensee fails to cure any non-compliance of any of the terms or conditions of this Agreement within ten (10) days of receiving City’s notification of such failure, if such failure cannot be reasonably cured within ten (10) days, or if Licensee fails to commence to cure such failure within such ten (10) day period and to diligently pursue such cure to completion; provided that in no event shall such period allowed to cure extend beyond sixty (60) days from the date of notification of such failure.
e. Emergency. The City determines in its sole discretion that there is an emergency requiring cancellation or termination of this Agreement. f. Safety. The City determines in its sole discretion that there are safety concerns requiring cancellation or termination of this Agreement. g. Public Access, Insurance, and Legal Compliance. Licensee fails to maintain required public access, insurance coverage, compliance with applicable laws or accessibility obligations, or compliance with Section 5(l) regarding organizational status requirements.

12. Notice. Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office (certified mail, return receipt requested, postage prepaid, and addressed to the following addresses) and shall be effective upon receipt thereof:

CITY
City of Hermosa Beach
1315 Valley Drive
Hermosa Beach, California 90254
Attn: Parks and Recreation Director
Email: [email protected]
Licensee
Hermosa Beach Lawn Bowling Club
P.O. Box 132
Hermosa Beach, California 90254
Attn: Lawn Bowling Club President
Email: [email protected]

BBK (2026) Page 10 of 12 LICENSE AGREEMENT

13. Third Party Rights. Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the Parties.

14. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators, and assigns of each Party to this Agreement. However, Licensee shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties, or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.

15. Non-Waiver. The delay or failure of either Party at any time to require performance or compliance by the other Party of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. The waiver of any right or remedy with respect to any occurrence or event shall not be deemed a waiver of any right or remedy with respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.

16. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance; and the remaining provisions of this Agreement shall remain in full force and effect.

17. Time of Essence. Time is of the essence for each and every provision of this Agreement.

18. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain, or to be a full or accurate description of the content thereof; and shall not in any way affect the meaning or interpretation of this Agreement.

19. Amendments. Only a writing executed by all of the Parties hereto or their respective successors and assigns may amend this Agreement.

20. Authority. The persons executing this Agreement on behalf of the Parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said Parties; and that by doing so, the Parties hereto are formally bound to the provisions of this Agreement.

BBK (2026) Page 11 of 12 LICENSE AGREEMENT

21. Entire Agreement. This Agreement (including the Exhibits) represents the entire understanding of the Parties as to those matters contained herein; and supersedes and cancels any prior or contemporaneous oral or written understanding, promises, or representations with respect to those matters covered hereunder. Each Party acknowledges that no representations, inducements, promises, or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This is an integrated Agreement.

22. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one single Agreement.

23. Electronic Signature. Each Party acknowledges and agrees that this Agreement may be executed by electronic or digital signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature.
[SIGNATURES ON FOLLOWING PAGE]

BBK (2026) Page 12 of 12 LICENSE AGREEMENT

SIGNATURE PAGE
FOR

LICENSE AGREEMENT

BETWEEN

THE CITY OF HERMOSA BEACH
AND

THE HERMOSA BEACH LAWN BOWLING CLUB
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.

CITY OF HERMOSA BEACH
APPROVED BY:

Steve Napolitano
City Manager
ATTESTED BY:

Martha Alvarez
City Clerk
APPROVED AS TO FORM:

Jason Baltimore
Interim City Attorney

HERMOSA BEACH LAWN BOWLING CLUB

Tony Crutchfield
Hermosa Beach Lawn Bowling Club
President

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

EXHIBIT A

FACILITIES
Lawn Bowling Green
Clubhouse Patio
Storage
: Approximate Limit of Licensee Area

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

EXHIBIT B

RULES AND REGULATIONS FOR USE OF FACILITIES
A. Licensee may only use the Facilities during the hours of [7:00 a.m. to 10:00 p.m.]; provided that Licensee may use the Facilities at other times with the written consent of Licensor. Licensor reserves the right from time to time to notify Licensee of times when the Facilities will be unavailable for use by Licensee (whether due to public safety, repair and maintenance activities, special events, or any other reason).

B. Licensee shall allow public access for use of the Facilities consistent with the public recreational purpose of the Hermosa Beach Clark Complex (“Clark Complex”). Licensee acknowledges that public access and public recreational programming constitute material consideration supporting this Agreement and a significant component of the public benefit findings adopted by the City of Hermosa Beach (“City”) in connection with Licensee's use of the Facilities.

1. Licensee shall provide reasonable public access and
recreational opportunities consistent with the public recreational purpose of the Clark Complex and shall maintain publicly available information regarding participation opportunities and scheduled activities.

2. Nothing herein shall require unrestricted access to operational, storage, maintenance, administrative, or safety-restricted areas of the Facilities.

The City reserves the right to determine whether Licensee’s public access obligations are being reasonably satisfied.

C. Licensee may conduct events, tournaments, instructional programs, and similar recreational activities at the Facilities consistent with the Agreement and applicable City requirements.

D. Licensee shall be responsible for ensuring that all third-party users comply with applicable laws, permits, insurance requirements, and operational requirements imposed by the Agreement.

E. Upon request, Licensee shall provide documentation reasonably requested by the City relating to events, tournaments, rentals, insurance, permits, or public-access activities conducted at the Facilities.

F. Licensee shall comply with the organizational-status requirements set forth in Section 5(k) of the Agreement, and shall provide documentation

BBK (2026) Page 2 of 2 EXHIBIT B
reasonably requested by the City demonstrating compliance with those requirements.".

G. Licensee shall not construct or place any permanent structures, signs or improvements on the Facilities, nor shall Licensee alter any existing structures, signs or improvements on the Facilities, without the prior written consent of the City, which may be granted or withheld in City’s sole and absolute discretion. Any unauthorized alteration or improvement may be removed by the City at Licensee’s sole cost and expense.

H. Licensee shall not conduct any unauthorized, unlawful, or hazardous activities on or about the Facilities that constitute waste or nuisance.

I. Licensee shall be responsible for damage to the Facilities caused by Licensee (its officers, members, agents, contractors, invitees, participants, or authorized users).

J. Licensee shall not cause any Hazardous Material (defined as follows) to be brought upon, kept, used, stored, released, generated, or disposed of in, on, or about the Facilities; or transported to or from the Facilities. Licensee shall immediately notify Licensor of any release or suspected release of Hazardous Material. Licensee shall comply with all laws requiring notice of such releases or threatened releases to governmental agencies, and shall take all action necessary to mitigate the release or minimize the spread of contamination. In the event of a release of Hazardous Material, Licensee shall (without cost to Licensor and in accordance with all laws and regulations) return the Facilities to the condition immediately prior to the release. Licensee shall allow Licensor to participate in any discussion with governmental agencies regarding any settlement agreement, cleanup or abatement agreement, consent decree, or other compromise proceeding involving Hazardous Material. Licensee shall bear all costs associated with remediation, cleanup, restoration, investigation, monitoring, and compliance arising from any release of Hazardous Material caused by Licensee or its operations.

K. For purposes of this Agreement, “Hazardous Material” includes without limitation the following: any material defined as a “hazardous substance, pollutant, or contaminant” pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 as amended (Sections 9601 et seq. to Title 4 of the U.S. Code) or pursuant to Section 25316 of the California Health and Safety Code; a “hazardous waste” listed pursuant to Section 25140 of the California Health and Safety Code; any asbestos and asbestos containing materials; and any petroleum including without limitation crude oil or any fraction thereof, natural gas, or natural gas liquids.

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

EXHIBIT C

CARE AND MAINTENANCE OF FACILITIES
A. Licensee understands and acknowledges that the Facilities are being licensed for use in “as-is” condition. Licensee shall be responsible for all repairs, maintenance, and replacement resulting from its use of the Facilities (including those arising from ordinary wear and tear, and including prompt correction of unsafe or hazardous conditions) arising from or related to Licensee’s activities, operations, invitees, guests, contractors, or third-party users. Licensee further acknowledges that it has independently inspected the Facilities, and accepts responsibility for identifying and reporting unsafe conditions associated with Licensee’s use and operations.

B. Licensee shall be solely responsible (at its own cost and expense) for the ongoing operation, maintenance, and upkeep of the Facilities associated with Licensee’s use and activities as part of the operational responsibilities and public benefits supporting the Agreement and constituting part of the consideration supporting Licensee's continued use of the Facilities (including but not limited to janitorial services (all trash, recyclables, and green waste, collection and disposal associated with Licensee’s operations, activities, rentals, tournaments, and events, landscaping); landscaping; routine maintenance of restroom facilities and irrigation systems; event-related cleanup; operational supervision; and ongoing upkeep necessary to maintain the Facilities in a safe and sanitary condition.

C. Licensee shall have access and control of the irrigation control box for the Facilities’ irrigation systems. The City shall retain a key for access when necessary.

D. Licensee acknowledges that the City of Hermosa Beach (“City”) does not guarantee or provide ongoing maintenance services for the Facilities beyond baseline municipal services provided at the City’s discretion under the Agreement.

1. Any request for City assistance shall be subject to City approval and, if approved, may be billed to Licensee at the City’s full cost of service.

Nothing herein shall obligate the City to provide maintenance, staffing, repair, or operational support beyond such services (if any) expressly approved by the City in writing. Licensee acknowledges that existing trash collection services and utility services may currently be partially provided through shared City operations or infrastructure.

BBK (2026) Page 2 of 4 EXHIBIT C

2. Nothing herein obligates the City to continue providing such services without reimbursement or cost allocation in the future.

E. The City may (in its discretion) undertake capital improvements affecting the Facilities. Any future cost-sharing, reimbursement, or capital improvement obligations shall be governed by a separate agreement or amendment approved by the City. Nothing contained herein shall obligate the City to undertake any capital improvement project or create any right to continued occupancy based upon Licensee's contribution toward any improvement.

F. Licensee will immediately report all vandalism, property damage, criminal activity, unsafe conditions, or suspected unlawful activity occurring at the Facilities to the City designated liaison upon discovery.

G. Licensee confirms its acknowledgement that all City properties are smoke-free facilities.

H. Licensee shall not mark, drill, or deface any walls, ceilings, floors, wood, or iron work without City's written consent.

I. Licensee confirms its acknowledgment that no signs, banners, or awning shall be erected or maintained upon or attached to the outside of the facility, building, fencing, walls, or placed in any windows without prior approval of the City. All window treatments must receive prior approval of the City.

Temporary signage associated with approved events shall comply with all City requirements and shall be removed immediately following the applicable event.

J. Licensee agrees to restore the Facilities and surrounding affected areas upon termination, expiration, or non-renewal of the Agreement to the same or better condition as existing as of the date of execution of the Agreement (excepting any repairs or alterations which were approved in writing by City, and reasonable wear and tear excepted), and in the event Licensee fails to restore the Facilities as provided herein, agrees to pay City upon demand the reasonable cost to restore the Facilities in accordance with this provision. City shall have sole discretion to determine whether restoration is satisfactory and whether additional remediation or repair is required.

K. Licensee is prohibited from making any alterations performing any construction whatsoever on the Facilities without the express written approval of City. Any such approval shall include provisions to protect City from potential liens of labor and material persons. Any unauthorized alteration or construction may be removed or corrected by the City at Licensee’s sole cost and expense.

BBK (2026) Page 3 of 4 EXHIBIT C
L. Licensee acknowledges and agrees that City may access the Facilities at any time for inspection, maintenance, repair, emergency response, code compliance, public safety purposes, or to verify compliance with this Agreement. City agrees to make reasonable efforts to contact the Licensee designated emergency contact prior to access to Facilities during off hours.

Licensee agrees to provide any door and alarm code access and instructions if applicable.

M. Licensee shall provide emergency contact information for a party responsible for Licensee should the City require immediate correspondence.

Contact may occur at any time. Licensee shall update such emergency contact information promptly upon any change.

N. The City shall be responsible for the installation of the winter tarp on the roof of the clubhouse. The City’s installation of the winter tarp shall not create any continuing maintenance obligation or assumption of liability by the City for roof conditions or water intrusion.

O. Licensee agrees to inform the City immediately of any and all identified potential safety hazards, accessibility concerns, structural deficiencies, environmental concerns, or risks associated with the Facilities.

P. Licensee shall ensure that all programs, services, and activities conducted at the Facilities comply with applicable Americans with Disabilities Act of 1990 (“ADA”) accessibility requirements including provision of reasonable accommodations, auxiliary aids, and programmatic access as required by applicable Federal and state law.

1. Licensee acknowledges that because the Facilities are located on City-owned public property, the City retains responsibility for City-wide ADA transition planning, barrier inventory obligations, and structural accessibility compliance required by law (subject to available funding, prioritization, and applicable legal requirements).

2. Nothing herein shall relieve Licensee of responsibility for operational or programmatic accessibility obligations arising from Licensee’s activities, events, or operations.

3. Licensee shall promptly notify the City of any known accessibility complaint, claim, barrier, or requested accommodation relating to the Facilities or Licensee’s activities.

Q. Licensee shall implement appropriate safety procedures and shall be responsible for supervision and control of all participants, guests, invitees,

BBK (2026) Page 4 of 4 EXHIBIT C
contractors, volunteers, vendors, renters, tournament participants, and third-party users. Licensee shall maintain incident reporting procedures and shall promptly provide written notice to the City of any accident, injury, claim, or safety-related incident occurring at the Facilities.

R. Licensee shall be responsible for ensuring that all third-party users of the Facilities comply with the requirements of this Agreement and applicable City policies including maintenance, cleanup, safety, insurance, and indemnification requirements.

S. Any inspection, approval, maintenance assistance, review, or oversight by the City shall not relieve Licensee of its obligations under this Agreement; nor constitute an assumption of duty by the City with respect to the condition, operation, or safety of the Facilities.

T. Licensee acknowledges that its use of the Facilities is temporary and subject to the term and termination provisions of the Agreement. Nothing contained in this Exhibit shall create any right to renewal, extension, continued occupancy, continued maintenance support, future capital improvements, or reimbursement for improvements made by Licensee.

City of Hermosa Beach | Page 1 of 3
Meeting Date: July 28, 2026
Staff Report No. 26-CDD-066
Honorable Mayor and Members of the Hermosa Beach City Council

ADOPT A RESOLUTION TO APPROVE A FINAL PARCEL MAP
CEQA: Determine that the project is exempt from the California Environmental Quality Act
SUBJECT: FINAL MAP NO. 84286 (CUP NO. 24-10, PDP NO. 24-03) LOCATION: 138 1st Street
APPLICANT: Maria Islas
(Community Development Director Alison Becker)

A) DETERMINE EXEMPT FROM CEQA

B) ADOPT RESOLUTION BY TITLE
Recommended Action:

Staff recommends City Council:

1. Determine that the project is categorically exempt from the California Environmental Quality Act;

2. Adopt a Resolution (Attachment 1) approving Final Parcel Map No. 84286 for a 2- unit residential condominium project located at 138 1st Street, (Attachment 2) which is consistent with the approved Vesting Tentative Parcel Map; and

3. Authorize the City Clerk to endorse the certificate for said map.

Executive Summary:

At its October 15, 2024 meeting, the Planning Commission approved a new two-unit condominium project at 138 1st Street. The applicant, Maria Islas, filed a request for a final map within two years of the tentative map approval. Upon review of Final Map No. 84286, staff recommended that the City Council adopt a resolution to approve the final map.

Background:

The Planning Commission approved a Conditional Use Permit, and Vesting Tentative Parcel Map No. 84286 for a two-unit residential condominium, of a previously approved Precise Development Plan (PDP24-03) for a duplex project at its October 15, 2024 meeting.

City of Hermosa Beach | Page 2 of 3
Past Commission Action
Meeting Date Description
Planning
Commission
October 15, 2024
Planning Commission approved Conditional Use Permit, (CUP 24-10), and Vesting Tentative Parcel Map No. 84286 for a 2- unit condominium at 138 1st Street.

Planning
Commission
July 16, 2024
Planning Commission approved Precise Development Plan
(PDP 24-03) to allow a three-story duplex.

Discussion:

Once a map has been tentatively approved by the Planning Commission, copies of the tentative map must be submitted to the Los Angeles County Engineer, who is contracted by the City, to review the map for its technical correctness, pursuant to Section 66442(a)(4) of the State Subdivision Map Act. The parcel map was reviewed and approved by the Los Angeles County Engineer on May 6, 2026 (Attachment 3).

An applicant has two years from the date of tentative map approval to submit for final map approval. Typically, applicants do not submit for final map approval until the project is near completion and ready to be sold. The applicant filed a timely request for a final map on June 10, 2026.

Final maps must be submitted to the City Council and must be approved by the City Council, “…if it conforms to all the requirements of [Subdivision Map Act] and any local subdivision ordinance applicable at the time of approval or conditional approval of the tentative map and any rulings made thereunder….” Pursuant to Section 66458(a) of the State Subdivision Map Act. (Cal. Gov Code § 66410 et seq.).

Staff reviewed the Final Parcel Map and found it substantially consistent with the Vesting Tentative Parcel Map approved by the Planning Commission and in conformance with the State Subdivision Map Act.

Environmental Analysis:

Pursuant to the California Environmental Quality Act (CEQA), the proposed project is Categorically Exempt from the California Environmental Quality Act as defined in Section 15303(b), Class 3 Exemption, New Construction or Conversion of Small Structures, because the proposal pertains to final map approval for the construction of a limited number of new, small structures. More specifically, the project comprises two new detached condominium units in an urbanized area. Moreover, none of the exceptions to the Categorical Exemption apply, nor would the project result in a significant cumulative impact of successive projects of the same type in the same place over time or have a

City of Hermosa Beach | Page 3 of 3
significant effect on the environment due to unusual circumstances or damage a scenic highway or scenic resources within a state scenic highway.

Fiscal Impact:

There is no fiscal impact associated with the recommended actions.

Attachments:

1. Draft Resolution

2. Final Parcel Map No.84286

3. Los Angeles County Engineer Review
Respectfully Submitted by: Johnny Case, Assistant Planner Concur: Alexis Oropeza, Planning Manager
Concur: Alison Becker, AICP, Community Development Director Noted for Fiscal Impact: Henry Chao, Finance Manager
Concur: Brandon Walker, Administrative Services Director Legal Review: Jason Baltimore, Interim City Attorney
Approved: Steve Napolitano, City Manager

CITY OF HERMOSA BEACH
RESOLUTION NO. 26-XXXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING FINAL PARCEL MAP NO. 84286 FOR A TWO-UNIT RESIDENTIAL CONDOMINIUM PROJECT LOCATED AT 138 1ST STREET AND DETERMINING THAT THE PROJECT IS

CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT
WHEREAS, the City of Hermosa Beach (“City”) Planning Commission approved a conditional use permit, precise development, and vesting tentative Parcel Map No. 84286 (“Tentative Parcel Map”) submitted by Maria Islas (“Applicant”) for a two-unit residential condominium project (located at 138 1st Street, Hermosa Beach, California) at its public hearing on October 15, 2024; and
WHEREAS, the County of Los Angeles Department of Public Works (“County”) approved the final Parcel Map No. 84286 (“Final Parcel Map”) for mathematical accuracy, survey analysis, title information, and compliance with California Government Code section 66442(a)(4) of the Subdivision Map Act (“Map Act”) on May 6, 2026; and WHEREAS, the Applicant timely submitted the Final Parcel Map to the City for approval pursuant to Section 66458(a) of the Map Act.

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

SECTION 1. Incorporation of Recitals. The foregoing recitals are true and correct, and are incorporated herein by this reference.

SECTION 2. Findings. The City Council finds and determines as follows:
a. The Final Parcel Map is technically correct and substantially conforms to the Tentative Parcel Map approved by the Planning Commission on October 15, 2024 (including all applicable conditions of approval). b. The Final Parcel Map complies with the Map Act and all applicable provisions of Title 16 of the Hermosa Beach Municipal Code (“HBMC”).

c. The County has reviewed and approved the Final Parcel Map for mathematical accuracy, survey analysis, title information, and compliance with the Map Act.
d. The City has satisfied all conditions precedent to approval of the Final Parcel Map pursuant to Section 66458 of the Map Act. e. The City Council has reviewed the Final Parcel Map and finds that it conforms to the approved Tentative Parcel Map, complies with the Map Act, and all applicable provisions of the HBMC.
f. Because the Final Parcel Map conforms to the approved Tentative Parcel Map and all applicable laws, the City Council is required to approve the Final Parcel Map pursuant to Section 66458 of the Map Act.

SECTION 3. California Environmental Quality Act (“CEQA”). The City Council finds as follows:
a. The approval of the Final Parcel Map is categorically exempt from CEQA pursuant to CEQA Guidelines section 15303(b) (Class 3 – New Construction or Conversion of Small Structures) because the project consists of two residential condominium units within an urbanized area.
b. None of the exceptions set forth in CEQA Guidelines section 15300.2 apply. Specifically, the project will not result in a significant cumulative impact of successive projects of the same type in the same place over time, there are no unusual circumstances creating a reasonable possibility of a significant environmental effect, and the project will not damage scenic resources within a designated state scenic highway or other scenic resources protected by CEQA.

SECTION 4. Severability. If any section or provision of this Resolution is held invalid or unconstitutional by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.

SECTION 5. Certification. The City Clerk shall certify to the passage and adoption of this Resolution; cause the same to be entered among the original resolutions of the City; and make a minute of the passage and adoption thereof in the records of the proceedings of the City Council in the minutes of the meeting at which time same is passed and adopted.

SECTION 6. Effective Date. This Resolution shall take effect immediately upon adoption.

PASSED, APPROVED, and ADOPTED on the 28th day of July 2026 Mayor Mike Detoy
PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, CA ATTEST: APPROVED AS TO FORM:
________________________________ ________________________________ Martha Alvarez Jason Baltimore
City Clerk Interim City Attorney

COUNTY OF LOS ANGELES

DEPARTMENT OF PUBLIC WORKS
“To Enrich Lives Through Effective and Caring Service”
900 SOUTH FREMONT AVENUE
ALHAMBRA, CALIFORNIA 91803-1331
Telephone: (626) 458-5100
http://dpw.lacounty.gov
May 6, 2026
Mr. Lucho Rodriguez
City Engineer
City of Hermosa Beach
1315 Valley Drive
Hermosa Beach, CA 90254-3884
Dear Mr. Rodriguez:

PARCEL MAP 84286
Parcel Map 84286 has been reviewed and approved by Public Works for mathematical accuracy, survey analysis, title information, and for compliance with the Subdivision Map Act. It is ready for your examination and certification as to compliance with the conditions of approval and applicable City ordinances.

The City Council or Advisory Agency should make the findings required by the California Environmental Quality Act and the Subdivision Map Act.

After your approval and the approval of the City Council or Advisory Agency, the final map should be returned to Los Angeles County Public Works, Land Development Division, for filing with the Registrar-Recorder/County Clerk's office.

If you have any questions, please contact Ms. Anait Pogosyan of Public Works, Land Development Division, at (626) 458-4915 [email protected].

Very truly yours,

MARK PESTRELLA, PE
Director of Public Works

YONAH HALPERN, PE
Assistant Division Engineer
Land Development Division
AP:ta
P:\LDPUB\SUBMAP\LETTERS\CITY LETTERS - PARCEL MAPS 84286 PARCEL MAP-CITY LETTER (HERMOSA BEACH).DOC MARK PESTRELLA, Director
ADDRESS ALL CORRESPONDENCE TO:

P.O. BOX 1460
ALHAMBRA, CALIFORNIA 91802-1460

IN REPLY PLEASE
REFER TO FILE: LD-2

City of Hermosa Beach | Page 1 of 3
Meeting Date: July 28, 2026
Staff Report No. 26-CDD-060
Honorable Mayor and Members of the Hermosa Beach City Council

APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH CSG
CONSULTANTS, INC. FOR ON-CALL STAFF AUGMENTATION SERVICES CEQA: Determine that the approval is not a project under the California Environmental Quality Act or, in the alternative, that the approval is exempt under CEQA. (Community Development Director Alison Becker)

A) DETERMINE EXEMPT FROM CEQA

B) APPROVE
Recommended Action:

Staff recommends City Council:

1. Determine the approval is not a project under the California Environmental Quality Act (“CEQA”) and is exempt from CEQA;

2. Approve a professional services agreement (“PSA”) with CSG Consultants, Inc. (”CSG”) for continued on-call staff augmentation services for a term through June 30, 2028 (Attachment 1); and
Authorize the City Manager to execute and the City Clerk to attest the attached PSA subject to approval by the City Attorney.

Click or tap here to enter text.

Executive Summary:

At its July 22, 2025 meeting, the City Council approved the third amendment to an agreement with CSG (“2024 Agreement”) to increase the not-to-exceed limit to the original two-year term ending June 30, 2026.

Because the 2024 Agreement expired on June 30, 2026, it cannot be extended by amendment. Accordingly, staff recommends approval of a new PSA with CSG through June 30, 2028 (Attachment 1). The new PSA will allow the Department to maintain access to qualified on-call professional planning staff as needed.

Background:

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

City of Hermosa Beach | Page 2 of 3
On June 27, 2024, the City Council approved a contract with CSG with a not-to-exceed limit of $30,000 and a term ending June 30, 2026, for immediate on-call staff augmentation services (Attachment 5).

At its August 13, 2024, meeting, the City Council approved the first amendment to increase the not-to-exceed compensation by $85,000 resulting in a total not-to-exceed (“NTE”) amount of $115,000 (Attachment 4).

At its January 14, 2025, meeting, the City Council approved the second amendment to increase the NTE compensation by $122,176 for a total NTE amount of $237,176 (Attachment 3).

At its July 22, 2025, meeting, the City Council approved the third amendment to increase the NTE limit by $114,990, resulting in a total NTE amount of $352,166 under the original two-year term ending June 30, 2026 (Attachment 2).

The 2024 Agreement expired on June 30, 2026. Because the 2024 Agreement was not extended before its expiration, staff is recommending approval of a new PSA rather than an amendment. Entering into a new PSA provides a clear and legally enforceable contractual framework for any future services without increasing the previously authorized NTE compensation.

Past Council Actions
Meeting Date Description
City Council
June 27, 2024
City Council approved the contract with CSG with a NTE limit of $30,000 and a term ending June 30, 2026.

City Council
August 13, 2024
City Council approved the first amendment to increase the NTE limit by $85,000 for a total NTE amount of $115,000.

City Council
January 14, 2025
City Council approved the second amendment to increase the NTE limit by $122,176 for a total NTE amount of $237,176.

City Council
July 22, 2025
City Council approved the third amendment to increase the NTE limit by $114,990, for a total NTE amount of $352,166.

Discussion:

CSG provided staffing augmentation between June 2024 and February 2026. There is currently a remaining contract balance of $47,043.25.

Staff request approval of a new two-year PSA to maintain the Department's access to qualified professional planning staffing services. The Planning Division periodically needs supplemental staffing, primarily due to staff turnover. Maintaining an on-call professional services agreement helps avoid delays in project review and permit processing.

City of Hermosa Beach | Page 3 of 3
Approval of the proposed agreement would establish a new contract term through June 30, 2028.

Environmental Analysis:

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

There is no additional fiscal impact associated with this action. The PSA does not increase the previously authorized not to exceed compensation amount of $352,166. The remaining balance of $47,043.25 will be funded through the current FY 2026-27 Community Development Planning Division Budget.

Agreement Request
Agreement FY 2026-27 Budget Dept.

Account #
Total Remaining
Contract Amount
CSG Consultants 001-4101-4201 $47,043.25
Attachments:

1. Proposed PSA with CSG Consultants, INC.

2. Fourth Amendment with CSG

3. Third Amendment to Agreement with CSG

4. Second Amendment to Agreement with CSG

5. First Amendment to Agreement with CSG

6. Agreement with CSG

7. Work Plan and Fee Schedule
Respectfully Submitted by: Holly Honma, Administrative Assistant Concur: Alexis Oropeza, Planning Manager
Concur: Alison Becker, Community Development Director
Noted for Fiscal Impact: Henry Chao, Finance Manager
Reviewed by: Brandon Walker, Administrative Services Director Legal Review: Jason Baltimore, Interim City Attorney
Approved: Steve Napolitano, City Manager

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

PROFESSIONAL SERVICES AGREEMENT

BETWEEN

THE CITY OF HERMOSA BEACH
AND
CSG CONSULTANTS, INC.

This professional services agreement (“Agreement”) is made and entered into as of July ___ 2026 (“Effective Date”), by and between the City of Hermosa Beach (a municipal corporation organized and operating under the laws of the State of California with its principal place of business at 1315 Valley Drive, Hermosa Beach, California 90254) (“City”) and CSG Consultants, Inc. (a corporation with its principal place of business at 3707 West Garden Grove Boulevard, Suite 100, Orange, California 92868) (“Consultant”). City and Consultant are hereinafter sometimes referred to individually as “Party” and collectively as the “Parties”.

RECITALS
A. The Parties entered a professional services agreement dated June 27, 2024 (“2024 Agreement”) for Consultant to provide professional staff augmentation services (“Services”); and
B. The Parties amended the 2024 Agreement three times (on August 13, 2024; January 14, 2025; and July 22, 2025) to increase the not-to-exceed compensation amount; and
C. The 2024 Agreement expired on June 30, 2026; and
D. The Parties desire to enter into this Agreement to establish the terms under which Consultant will continue to provide the Services described herein; and E. The Parties acknowledge that this Agreement is a new and independent agreement; and is not intended to amend, extend, or revive the expired 2024 Agreement.

NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

AGREEMENT

1. Incorporation of Recitals. The recitals above are true and correct, and are

City of Hermosa Beach
Civic Center, 1315 Valley Drive, Hermosa Beach, CA 90254-3885 BBK (March 2026) Page 2 of 13 PROFESSIONAL SERVICES AGREEMENT (SHORT FORM) hereby incorporated herein by this reference.

2. Services. Consultant shall provide City with the Services as set forth in the Fee Schedule dated July 1, 2026, at Exhibit A (attached hereto and incorporated herein by reference). In the event of any inconsistency between Exhibit A and this Agreement, this Agreement shall govern.

3. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel identified in Exhibit A or otherwise approved by the City. Consultant warrants that Consultant is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant’s performance of this Agreement.

Consultant further represents that no City employee will provide any services under this Agreement.

4. Compensation. The City shall pay for the Services listed in Exhibit A. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of three-hundred-fifty-two-thousand-one-hundred-sixty-six ($352,166). This amount is to cover all related costs for the duration of the term, and City will not pay any additional fees for printing expenses. Consultant may submit invoices to City for approval. Said invoice shall be based on the total of all Consultant’s services which have been completed to City’s sole satisfaction. City shall pay Consultant’s invoice within forty-five (45) days from the date City receives said invoice. The invoice shall describe in detail the services performed and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of the authorized change order, where applicable, on all invoices.

5. Term. This Agreement shall commence on the Effective Date and continue until June 30, 2028, unless terminated as provided herein (“Term”).

6. Maintenance of Records. Records of Consultant’s services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City for inspection and/or audit at mutually convenient times for a period of four (4) years from the Effective Date. Books, documents,

BBK (March 2026) Page 3 of 13 PROFESSIONAL SERVICES AGREEMENT (SHORT FORM) papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City.

7. Time of Performance. Consultant shall perform its services in a prompt and timely manner and shall commence performance upon receipt of written notice from the City to proceed. Consultant shall complete the services required hereunder within Term.

8. Delays in Performance. Neither Party shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Consultant’s performance and is one or more of the following: (a) Acts of God or other natural disasters occurring at the project site; (b) terrorism or other acts of a public enemy; (c) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); and (d) pandemics, epidemics, or quarantine restrictions. “Orders of governmental authorities” includes ordinances; emergency proclamations and orders; and rules to protect the public health, welfare, and safety. Should a Force Majeure Event occur, the non-performing Party shall (within a reasonable time of being prevented from performing) give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance. Delays shall not entitle Consultant to any additional compensation regardless of the Party responsible for the delay.

9. Compliance with Law. Consultant shall comply with all applicable laws, ordinances, codes, and regulations of the Federal, state, and local government (including California Division of Occupational Safety and Health Administration requirements).

10. Standard of Care. Consultant’s services will be performed in accordance with generally accepted professional practices and principles; and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. Consultant’s performance shall conform in all material respects to the requirements of the Scope of Services.

11. Conflicts of Interest. During the term of this Agreement, Consultant shall at

BBK (March 2026) Page 4 of 13 PROFESSIONAL SERVICES AGREEMENT (SHORT FORM) all times maintain a duty of loyalty and a fiduciary duty to the City; and shall not accept payment from or employment with any person or entity which will constitute a conflict of interest with the City.

12. Assignment and Subconsultant. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City (which may be withheld for any reason). Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder.

13. Independent Consultant. Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided. Any personnel performing the work governed by this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Agreement and as required by law.

Consultant shall be responsible for all reports and obligations respecting such personnel (including but not limited to social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance).

14. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Additional Insured. The City (its officials, officers, employees, agents, and volunteers) shall be named as additional insureds on Consultant’s and its subconsultants’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents. b. Commercial General Liability

BBK (March 2026) Page 5 of 13 PROFESSIONAL SERVICES AGREEMENT (SHORT FORM) (i) The Consultant shall take out and maintain (during the performance of all work under this Agreement, in amounts not less than specified herein) Commercial General (“CG”) Liability Insurance in a form and with insurance companies acceptable to the City.
(ii) Coverage for CG Liability insurance shall be at least as broad as Insurance Services Office (“ISO”) CG Liability coverage (Occurrence Form CG 00 01) or exact equivalent.
(iii) Commercial General Liability Insurance must include coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse, and Underground (UCX)
exclusion deleted
(7) Contractual Liability with respect to this Agreement (8) Property Damage
(9) Independent Consultants Coverage
(iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
(v) The policy shall give City (its elected and appointed officials, officers, employees, agents, and City-designated volunteers) additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage.
(vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by City; and provided that such deductibles shall not apply to the City as an additional insured. c. Automobile Liability

BBK (March 2026) Page 6 of 13 PROFESSIONAL SERVICES AGREEMENT (SHORT FORM) (i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage (including coverage for owned, non-owned, and hired vehicles in a form and with insurance companies acceptable to the City). (ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
(iii) The policy shall give City (its elected and appointed officials, officers, employees, agents, and City-designated volunteers) additional insured status. (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles; provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention. d. Workers’ Compensation/Employer’s Liability
(i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code; and he/she will comply with such provisions before commencing work under this Agreement.
(ii) To the extent Consultant has employees at any time during the term of this Agreement (at all times during the performance of the work under this Agreement), the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement (all in accordance with the “Workers’ Compensation and Insurance Act”, Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein). Consultant shall require all subconsultants to obtain and maintain (for the period required by this Agreement) workers’ compensation coverage of the same type and limits as specified in this section. e. Professional Liability (Errors and Omissions). At all times during the performance of the work under this Agreement, the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession in a form and with insurance companies acceptable to the City and in an amount indicated

BBK (March 2026) Page 7 of 13 PROFESSIONAL SERVICES AGREEMENT (SHORT FORM) herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors, or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement.

The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend.
f. Privacy/Network Security (Cyber). At all times during the performance of the work under this Agreement, the Consultant shall maintain privacy/network security insurance for: (1) privacy breaches; (2) system breaches; (3) denial or loss of service; and (4) the introduction, implantation, or spread of malicious software code in a form and with insurance companies acceptable to the City. g. Minimum Policy Limits Required
(i) The following insurance limits are required:

Combined Single Limit
Commercial General Liability $2,000,000 per occurrence / $4,000,000 aggregate for bodily injury, personal injury, and
property damage
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage
Employer’s Liability $1,000,000 per occurrence
Professional Liability $1,000,000 per claim and aggregate (errors and omissions)
Cyber Liability $1,000,000 per occurrence and
aggregate
(ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement; or a

BBK (March 2026) Page 8 of 13 PROFESSIONAL SERVICES AGREEMENT (SHORT FORM) waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the Parties required to be named as Additional Insured.

15. Indemnification. To the fullest extent permitted by law, Consultant shall defend (with counsel reasonably approved by the City), indemnify, and hold the City (its elected and appointed officials, officers, employees, agents, and authorized volunteers) free and harmless from any and all claims (demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind in law or equity to property or persons including wrongful death (“Claims”)) in any manner arising out of, pertaining to, or incident to any alleged acts (errors, omissions, or willful misconduct) of Consultant (its officials, officers, employees, subcontractors, consultants, or agents) in connection with the performance of the Consultant’s services, the Project, or this Agreement (including without limitation the payment of all damages, expert witness fees, attorneys’ fees, and other related costs and expenses). This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City (the City Council and its members, employees, or authorized volunteers). Consultant’s indemnification obligation shall survive the expiration or earlier termination of this Agreement.

16. California Labor Code Requirements. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq. (as well as California Code of Regulations, Title 8, Section 16000, et seq.) ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws if applicable. Consultant shall defend, indemnify, and hold the City (its elected officials, officers, employees, and agents) free and harmless from any claims (liabilities, costs, penalties, or interest) arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subcontractors to comply with all California Labor Code provisions which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815), and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to

BBK (March 2026) Page 9 of 13 PROFESSIONAL SERVICES AGREEMENT (SHORT FORM) submit certified payroll records directly to the Labor Commissioner shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.

17. Verification of Employment Eligibility. By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and Federal law respecting the employment of undocumented aliens (including but not limited to the Immigration Reform and Control Act of 1986 as may be amended, and shall require all subconsultants and sub-subconsultants to comply with the same.

18. Laws and Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or Federal court situated in the County of Los Angeles, State of California.

19. Termination or Abandonment. The City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days’ written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports, and other documents produced or developed for that portion of the work completed and/or being abandoned. The City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services (based on an amount mutually agreed to by the Parties of the portion of such task completed but not paid prior to said termination). The City shall not be liable for any costs other than the charges or portions thereof which are specified herein.

Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work.

20. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant (when requested) shall furnish clarification and/or explanation as may be required by the City’s representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant’s professional services occurs, Consultant shall (at no cost to City) provide all other services necessary to rectify and correct the matter to the sole satisfaction of the City and to participate in any meeting required with regard to the

BBK (March 2026) Page 10 of 13 PROFESSIONAL SERVICES AGREEMENT (SHORT FORM) correction.

21. Ownership of Documents and Confidential Information. All deliverables and other documents generated by Consultant in the performance of the Services (including all work papers, work-in-progress, designs, drawings, documents, data, computations, specifications, studies and reports prepared by Consultant as a part of the Services or authorized Additional Services (“Consultant Work Product”)) shall belong to and be subject to the sole ownership and use of City. Consultant may receive written or verbal information from City (its representatives or agents) not in the public domain during the course of the performance of this Agreement. Such information may include City’s know how, trade secrets, and other proprietary and confidential information; and Consultant agrees to treat such information as confidential information belonging to City. Consultant agrees that neither it (nor its officers, employees, representatives, agents, successors, or assigns) will disclose such information to any third party or use the same in any manner without the prior written consent of City. Consultant further agrees to safeguard such proprietary and confidential information from unauthorized disclosure and/or use using the same degree of care it uses to protect its own proprietary and confidential information, but not less than a reasonable standard of care. In the event that disclosure of such information is sought pursuant to any law or regulation, Consultant shall promptly notify City of such fact to allow City to assert whatever exclusions or exemptions may be available to it under applicable law or regulation.

22. Notice. Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office (certified mail, return receipt requested, postage prepaid, and addressed to the following addresses) and shall be effective upon receipt thereof:

CITY
City of Hermosa Beach
1315 Valley Drive
Hermosa Beach, California 90254
Attn: Alison Becker
Email: [email protected]

CONSULTANT
CSG Consultants, Inc.
3707 W. Garden Grove Blvd, Suite 100
Orange, California 92868
Attn: Gena L. Guisar
Email: [email protected]

BBK (March 2026) Page 11 of 13 PROFESSIONAL SERVICES AGREEMENT (SHORT FORM)

23. Third Party Rights. Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant.

24. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age, or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include but not be limited to all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination.

25. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators, and assigns of each Party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties, or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.

26. Non-Waiver. The delay or failure of either Party at any time to require performance or compliance by the other Party of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. The waiver of any right or remedy with respect to any occurrence or event shall not be deemed a waiver of any right or remedy with respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.

27. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance; and the remaining provisions of this Agreement shall remain in full force and effect.

28. Time of Essence. Time is of the essence for each and every provision of this Agreement.

BBK (March 2026) Page 12 of 13 PROFESSIONAL SERVICES AGREEMENT (SHORT FORM)

29. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain, or to be a full or accurate description of the content thereof; and shall not in any way affect the meaning or interpretation of this Agreement.

30. Amendments. Only a writing executed by all of the Parties hereto or their respective successors and assigns may amend this Agreement.

31. Authority. The persons executing this Agreement on behalf of the Parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said Parties; and that by doing so, the Parties hereto are formally bound to the provisions of this Agreement.

32. Entire Agreement. This Agreement (including the Exhibits) represents the entire understanding of the Parties as to those matters contained herein; and supersedes and cancels any prior or contemporaneous oral or written understanding, promises, or representations with respect to those matters covered hereunder. Each Party acknowledges that no representations, inducements, promises, or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This is an integrated Agreement.

33. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one single Agreement.

34. Electronic Signature. Each Party acknowledges and agrees that this Agreement may be executed by electronic or digital signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature.
[SIGNATURES ON FOLLOWING PAGE]

BBK (March 2026) Page 13 of 13 PROFESSIONAL SERVICES AGREEMENT (SHORT FORM)

SIGNATURE PAGE
FOR

PROFESSIONAL SERVICES AGREEMENT

BETWEEN

THE CITY OF HERMOSA BEACH
AND
CSG CONSULTANTS, INC.

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.

CITY OF HERMOSA BEACH
APPROVED BY:

Steve Napolitano
City Manager
ATTESTED BY:

Martha Alvarez
City Clerk
APPROVED AS TO FORM:

Jason Baltimore
Interim City Attorney
CSG CONSULTANTS, INC.

Cyrus Kianpour, PE, PLS
President

Civic Center, 1315 Valley Drive, Hermosa Beach, CA 90254-3885 65270.00001\44524032.1

FOURTH AMENDMENT
TO

PROFESSIONAL SERVICES

BETWEEN

THE CITY OF HERMOSA BEACH
AND
CSG CONSULTANTS, INC.

This Fourth Amendment to the Professional Services Agreement is made and entered into as of July __,2026 (“Effective Date”), by and between the City of Hermosa Beach (a municipal corporation organized and operating under the laws of the State of California with its principal place of business at 1315 Valley Drive, Hermosa Beach, California 90254) (“City”) and CSG Consultants, Inc. (a “Consultant” with its principal place of business at 3707 W. Garden Grove Blvd, STE 100, Orange, CA 92868) (“Consultant”). City and Consultant are hereinafter sometimes referred to individually as “Party” and collectively as the “Parties”.

RECITALS
A. The Parties entered an agreement dated June 27, 2024 (“Agreement”), for Consultant to provide staff augmentation services for a term of two years (set to expire on June 30, 2026) and a not-to-exceed amount of $30,000. (“Services”); and B. The Parties amended the Agreement on August 13, 2024, to increase the notto-exceed (NTE”) amount by $85,000 (for a total NTE amount of $115,000); and C. The Parties amended the Agreement a second time to increase the not-toexceed (“NTE”) amount by $122,176 (for a total NTE amount of $237,176); and D. The Parties amended the Agreement a third time to increase the not-to-exceed (“NTE”) limit by $144,990 (for a total NTE amount of $352,166); and E. The Parties now desire to amend the Agreement a fourth time in order to extend the term for an additional two (2) years set to expire on June 30, 2028, for the continued performance of the services.

NOW, THEREFORE, the Parties mutually agree as follows:

AGREEMENT

BBK (2026) Page 2 of 3 FOURTH AMENDMENT
65270.00021\44443112.1

1. Incorporation of Recitals. The recitals listed above are true and correct, and are hereby incorporated herein by this reference.

2. Amendment. The Agreement is hereby amended as follows:
a. TERM OF AGREEMENT. Section 7 is amended to read “The term of this Agreement shall commence upon execution by both parties and shall expire on June 30, 2028 unless earlier termination occurs under Section 11 of this Agreement, or this Agreement is extended in writing in advance by both parties.”

3. Continuing Effect of Agreement. Except as amended by this fourth Amendment, all provisions of the Agreement shall remain in full force and effect; and shall govern the actions of the Parties under this fourth Amendment. Whenever the term “Agreement” appears in the original Agreement from and after the date of this fourth Amendment, it shall mean the Agreement as amended by this fourth Amendment.

4. Electronic Transmission. A manually signed copy of this fourth Amendment which is transmitted by facsimile, electronic mail, or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this fourth Amendment for all purposes. This fourth Amendment may be signed using an electronic signature.

5. Counterparts. This fourth Amendment may be signed in counterparts, each of which shall constitute an original.

IN WITNESS WHEREOF, the Parties hereto have executed this fourth Amendment on the Effective Date.

BBK (2026) Page 3 of 3 FOURTH AMENDMENT
65270.00021\44443112.1

CITY OF HERMOSA BEACH
APPROVED BY:
__________________________
Steve Napolitano
City Manager
ATTESTED BY:
__________________________
Martha Alvarez
City Clerk
APPROVED AS TO FORM:
__________________________
Jason Baltimore
Interim City Attorney
CSG CONSULTANTS, INC.
________________________
Cyrus Kianpour, PE, PLS
President

THIRD AMENDMENT TO AGREEMENT BETWEEN THE CITY OF HERMOSA BEACH AND CSG CONSULTANTS, INC. TO PROVIDE STAFF AUGMENTATION

THIS THIRD AMENDMENT TO THE AGREEMENT TO PROVIDE STAFF AUGMENTATION ("Third Amendment") is made and entered into this 22nd day of July 2025, by and between the City of Hermosa Beach, a municipal corporation ("City'') and CSG Consultants, Inc. ("Consultant”).

RECITALS
A. On June 27, 2024, City entered into an agreement with Consultant to provide staff augmentation ("Agreement") for a term of two years and a not-to-exceed amount of $30,000.

B. On August 13, 2024, the City entered into a first amendment to an agreement with the Consultant to provide staff augmentation for a term expiring on June 30, 2026 and a not-to-exceed amount of $115,000 (“First Amendment”).

C. On January 14, 2025, the City entered into a second amendment to an agreement with the Consultant to provide staff augmentation for a term expiring on June 30, 2026 and a not to exceed amount of $237,176 (“Second Amendment”).

D. To continue current contract services currently being provided to fill a staff vacancy, the parties mutually desire to enter into this Third Amendment to increase the notto-exceed limit by $114,990 for a total of $352,166.

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

1. Section 1 is amended to read as follows:

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

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

As additional consideration, CITY agrees to pay CONSULTANT a not-to-exceed amount of $352,166in accordance with the rates listed in FEE SCHEDULE attached as EXHIBIT B, for CONSULTANT’s services, unless otherwise specified by written amendment to this Agreement. The rates listed in EXHIBIT B shall be subject to a 3.10% increase effective July 1, 2025.

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.

2. Continuing Effect of Agreement. Except as modified above, the Agreement and each and every term and provision thereof remain in full force and effect. From and after the date of this Third Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by the First Amendment, Second Amendment, and this Third Amendment.

IN WITNESS WHEREOF, the parties hereto
have executed this Third Amendment on the
22nd day of July 2025.CITY OF HERMOSA
BEACH
Rob Saemann, MAYOR

APPROVED AS TO FORM
Todd Leishman, INTERIM CITY ATTORNEY
CSG Consultants, Inc.

Cyrus Kianpour, PE, PLS, President
ATTEST
Myra Maravilla, CITY CLERK

CIT Y OF

HERMOSA BEACH

STATEMENT OF QUALIFICATIONS
FOR

SECOND AMENDMENT TO AGREEMENT BETWEEN THE CITY OF HERMOSA BEACH AND CSG CONSULTANTS, INC. TO PROVIDE STAFF AUGMENTATION

THIS SECOND AMENDMENT TO AGREEMENT TO PROVIDE STAFF AUGMENTATION ("Second Amendment") is made and entered into this 14th day of January 2025, by and between the City of Hermosa Beach, a municipal corporation ("City'') and CSG Consultants, Inc. ("Consultant”).

RECITALS
A. On June 27, 2024, City entered into an agreement with Consultant to provide staff augmentation ("Agreement") for a term of two years and a not-to-exceed amount of $30,000.

B. On August 13, 2024, the City entered into a first amendment to an agreement with the Consultant to provide staff augmentation for a term expiring on June 30, 2026 and a not-to-exceed amount of $115,000.

C. To continue current contract services currently being provided to fill a staff vacancy, the parties mutually desire to increase the not-to-exceed limit by $114,482, for a total of $229,482.

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

1. Section 1 is amended to read as follows:

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

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

As additional consideration, CITY agrees to pay CONSULTANT a not-to-exceed amount of $229,482 in accordance with the rates listed in FEE SCHEDULE, attached as EXHIBIT B, for CONSULTANT’s services, unless otherwise specified by written amendment to this Agreement.

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












 


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

IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment the 14th day of January, 2025.

CITY OF HERMOSA BEACH CSG Consultants, Inc.

By: _______________________________ By: _______________________________ Suja Lowenthal, City Manager Cyrus Kianpour, PE, PLS, President

APPROVED AS TO FORM ATTEST
By: _______________________________ By: _______________________________ Patrick Donegan, CLW\$WWRUQH\ 5HDQQD*X]PDQ, $FWLQJ&LW\&OHUN Page 











 


FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF HERMOSA BEACH AND CSG CONSULTANTS, INC. TO PROVIDE STAFF AUGMENTATION
THIS FIRST AMENDMENT TO AGREEMENT TO PROVIDE STAFF AUGMENTATION ("First Amendment") is made and entered into this 13th day of August 2024, by and between the City of Hermosa Beach, a municipal corporation ("City'') and CSG Consultants, Inc. ("Consultant”).

RECITALS
A. On June 27, 2024, City entered into an agreement with Consultant to provide staff augmentation ("Agreement") for a term of two years and a not-to-exceed amount of $30,000.

B. To continue current contract services currently being provided to fill a staff vacancy, the parties mutually desire to increase the not-to-exceed limit by $85,000, for a total of $115,000.

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

1. Section 1 is amended to read as follows:

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

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

As additional consideration, CITY agrees to pay CONSULTANT a not-to-exceed amount of $85,000 in accordance with the rates listed in FEE SCHEDULE, attached as EXHIBIT B, for CONSULTANT’s services, unless otherwise specified by written amendment to this Agreement.

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

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

Docusign Envelope ID: D7B26807-E6C1-496E-A133-E2CB67D6C4C2

IN WITNESS WHEREOF, the parties hereto have executed this First Amendment the 13th day of August, 2024.

CITY OF HERMOSA BEACH CSG Consultants, Inc.

By: _______________________________ By: _______________________________ Dean Francois, MAYOR Cyrus Kianpour, PE, PLS, President

APPROVED AS TO FORM ATTEST
By: _______________________________ By: _______________________________ Patrick Donegan, CITY ATTORNEY Myra Maravilla, CITY CLERK Docusign Envelope ID: D7B26807-E6C1-496E-A133-E2CB67D6C4C2

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

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

This AGREEMENT is entered into this 27th day of June, 2024, by and between the CITY OF HERMOSA BEACH, a California general law city and municipal corporation (“CITY”) and CSG Consultants, Inc, a California corporation (“CONSULTANT”).

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

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

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

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

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

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

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

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

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

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

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

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

Except as herein otherwise expressly specified to be furnished by CITY, CONSULTANT will, in a professional manner, furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, equipment, printing, vehicles, transportation, office DocuSign Envelope ID: 3FC673D4-DD05-4040-87E9-019A2D4C6165

City of Hermosa Beach

space, and facilities necessary or proper to perform and complete the work and provide the professional services required of CONSULTANT by this Agreement.

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

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

KEY PERSONNEL. CONSULTANT’s key person(s) assigned to perform work under this Agreement are Kaneca Pompey and Sophia Matheny. CONSULTANT shall not assign another person to be in charge of the work contemplated by this Agreement without the prior written authorization of the City.

TERM OF AGREEMENT. The term of this Agreement shall commence upon execution by both parties and shall expire on June 30, 2026, unless earlier termination occurs under Section 11 of this Agreement, or this Agreement is extended in writing in advance by both parties.

CHANGES. CITY may order changes in the services within the general scope of this Agreement, consisting of additions, deletions, or other revisions, and the contract sum and the contract time will be adjusted accordingly. All such changes must be authorized in writing, executed by CONSULTANT and CITY. The cost or credit to CITY resulting from changes in the services will be determined in accordance with written agreement between the parties.

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

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

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

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

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

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

DocuSign Envelope ID: 3FC673D4-DD05-4040-87E9-019A2D4C6165

City of Hermosa Beach

INDEMNIFICATION. CONSULTANT shall indemnify, defend with counsel approved by CITY, and hold harmless CITY, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, and cost (including without limitation reasonable attorneys’ fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with CONSULTANT's performance of work hereunder or its failure to comply with any of its obligations contained in this AGREEMENT, regardless of CITY’S passive negligence, but excepting such loss or damage which is caused by the sole active negligence or willful misconduct of the CITY. Should CITY in its sole discretion find CONSULTANT’S legal counsel unacceptable, then CONSULTANT shall reimburse the CITY its costs of defense, including without limitation reasonable attorneys’ fees, expert fees and all other costs and fees of litigation. The CONSULTANT shall promptly pay any final judgment rendered against the CITY (and its officers, officials, employees, and volunteers) covered by this indemnity obligation. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.

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

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

INDEPENDENT CONTRACTOR. CITY and CONSULTANT agree that CONSULTANT will act as an independent contractor and will have control of all work and the manner in which it is performed. CONSULTANT will be free to contract for similar service to be performed for other employers while under contract with CITY. CONSULTANT is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY provides for its employees. Any provision in this Agreement that may appear to give CITY the right to direct CONSULTANT as to the details of doing the work or to exercise a measure of control over the work means that CONSULTANT will follow the direction of the CITY as to end results of the work only.

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

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

CORRECTIVE MEASURES. CONSULTANT will promptly implement any corrective measures required by CITY regarding the requirements and obligations of this Agreement. CONSULTANT will be given a reasonable amount of time as determined by the City to implement said DocuSign Envelope ID: 3FC673D4-DD05-4040-87E9-019A2D4C6165

City of Hermosa Beach

corrective measures. Failure of CONSULTANT to implement required corrective measures shall result in immediate termination of this Agreement.

INSURANCE REQUIREMENTS.

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

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

2. General Liability Coverage. The CONSULTANT shall maintain commercial general liability insurance in an amount of not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit.

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

4. Professional Liability Coverage. The CONSULTANT shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors, or omissions which may arise from the CONSULTANT’S operations under this Agreement, whether such operations be by the CONSULTANT or by its employees, subcontractors, or subconsultants. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a 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 DocuSign Envelope ID: 3FC673D4-DD05-4040-87E9-019A2D4C6165

City of Hermosa Beach

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

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

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

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

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

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

D. Any deductibles or self-insured retentions must be declared to and approved by the CITY.

At the CITY’s option, the CONSULTANT shall demonstrate financial capability for payment of such deductibles or self-insured retentions.

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

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

G. The commercial general and automobile liability policies required by this Agreement shall allow City, as additional insured, to satisfy the self-insured retention (“SIR”) and/or deductible of the policy in lieu of the Consultant (as the named insured) should Consultant fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the City Attorney and the Finance Director. Consultant understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by Consultant as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should City pay the SIR or deductible on Consultant’s behalf upon the Consultant’s failure or refusal to do so in order to secure defense and indemnification as an additional insured under the policy, City may include such amounts as damages in any action against Consultant for breach of this Agreement in addition to any other damages incurred by City due to the breach.

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

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 DocuSign Envelope ID: 3FC673D4-DD05-4040-87E9-019A2D4C6165

City of Hermosa Beach

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

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

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

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

CITY CONSULTANT
City of Hermosa Beach
1315 Valley Drive
Hermosa Beach, CA 90254
ATTN: Community Development
Director
CSG Consultants, Inc.
3707 W. Garden Grove Blvd.

Orange, CA 92868
ATTN: Ethan Edwards / Gena Guisar
Any such written communications by mail will be conclusively deemed to have been received by the addressee upon deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph.

Courtesy copies of notices may be sent via electronic mail, provided that the original notice is deposited in the U.S. mail or personally delivered as specified in this Section.

A. SOLICITATION. CONSULTANT maintains and warrants that it has not employed nor retained any company or person, other than CONSULTANT’s bona fide employee, to solicit or secure this Agreement. Further, CONSULTANT warrants that it has not paid nor has it agreed to pay any company or person, other than CONSULTANT’s bona fide employee, any fee, commission, percentage, brokerage fee, gift or other consideration contingent DocuSign Envelope ID: 3FC673D4-DD05-4040-87E9-019A2D4C6165

City of Hermosa Beach

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

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

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

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

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

E. RULES OF CONSTRUCTION. Each Party had the opportunity to independently review this Agreement with legal counsel. Accordingly, this Agreement will be construed simply, as a whole, and in accordance with its fair meaning; it will not be interpreted strictly for or against either Party.

F. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written amendment with signatures of all parties to this Agreement. CITY’s city manager, or designee, may execute any such amendment on behalf of CITY.

ACCEPTANCE OF FACSIMILE OR ELECTRONIC SIGNATURES. The Parties agree that this Contract, agreements ancillary to this Contract, and related documents to be entered into in connection with this Contract will be considered signed when the signature of a party is delivered by facsimile transmission or scanned and delivered via electronic mail. Such facsimile or electronic mail copies will be treated in all respects as having the same effect as an original signature.

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

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

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

STATEMENT OF EXPERIENCE. By executing this Agreement, CONSULTANT represents that it has demonstrated trustworthiness and possesses the quality, fitness and capacity to perform the DocuSign Envelope ID: 3FC673D4-DD05-4040-87E9-019A2D4C6165

City of Hermosa Beach

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

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

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

City Initials ______
Consultant Initials ______
OR
By their initials next to this paragraph, City and Consultant hereby acknowledge that Consultant is not a “consultant” for the purpose of the California Political Reform Act because Consultant’s duties and responsibilities are not within the scope of the definition of consultant in Fair Political Practice Commission Regulation 18700.3(a) and is otherwise not serving in staff capacity in accordance with the City’s Conflict of Interest Code.

City Initials ______
Consultant Initials ______
COMPLIANCE WITH COVID-19 VACCINATION POLICY. All CONSULTANT’S employees, agents, officers and subcontractors who will be physically present in the City and have contact with City officials and employees or with the public shall be fully vaccinated from COVID19. CONSULTANT agrees to certify in writing to CITY that it complies with the foregoing.

C.K
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City of Hermosa Beach

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

CITY OF HERMOSA BEACH CONSULTANT
Suja Lowenthal, City Manager By: Cyrus Kianpour, PE, PLS, President CSG Consultants, Inc.

ATTEST:
91-2053749
Myra Maravilla, City Clerk Taxpayer ID No.

APPROVED AS TO FORM:

Patrick Donegan, City Attorney
DocuSign Envelope ID: 3FC673D4-DD05-4040-87E9-019A2D4C6165

CITY OF

HERMOSA BEACH
Prepared By

CSG CONSULTANTS
3707 W. Garden Grove Blvd, STE 100 | Orange, CA 92868
TEL : 714.568.1010 | FAX : 714.568.1028
www.csgengr.com

STATEMENT OF QUALIFICATIONS FOR

ON-CALL PROFESSIONAL PLANNING SERVICES
JUNE 18, 2024
DocuSign Envelope ID: 3FC673D4-DD05-4040-87E9-019A2D4C6165

On-Call Professional Planning and Special Project Management i June 18, 2024
Carrie Tai, Community Development Director
City of Hermosa Beach
1315 Valley Drive
Hermosa Beach, California 90254
Subject: On-Call Professional Planning Services
Dear Ms. Tai,
Thank you for the opportunity for CSG Consultants (CSG) to present our Statement of Qualifications to the City of Hermosa Beach for On-Call Professional Planning Services. CSG understands the City is seeking assistance for current planning. Our firm offers specialized planning expertise, a depth and breadth of highly experienced staff, proven project “concierge” services, and flexibility to meet the City’s needs.

CSG is an employee-owned, California corporation and works solely for public agencies, serving as a seamless extension of municipal staff. We currently furnish planning, environmental, sustainability, building and safety, fire prevention, code enforcement, public works, and a host of additional services to over 250 municipal clients throughout California. We support numerous public agencies with our planning and related services.

For over 33 years, CSG has had a solutions-oriented approach to our work, leveraging our team’s extensive experience and technical expertise to address a wide range of client needs. Our staff can also be augmented by technical subconsultants with which we have teamed on prior projects, as well as specific personnel from CSG’s Building, Code Enforcement, Engineering, Fire Safety, and Construction Management staff. In this way, we can provide the City with comprehensive services for any planning and environmental project.

Ethan Edwards, AICP, CSG’s Vice President of Planning Services, will serve as Principal in Charge and will provide QA/QC for CSG’s work. Gena Guisar, AICP, Director of Development Services, will serve as Project Manager and primary contact for the City.

We look forward to providing the City of Hermosa Beach with Planning Services. Please do not hesitate to contact Gena Guisar should you have questions or require additional information.

Sincerely,
__________________________
Cyrus Kianpour, PE, PLS
President, CSG Consultants, Inc.

CONTACTS
Ethan Edwards, AICP
Vice President of Planning Services
714.699.4297
[email protected]
Gena Guisar, AICP
Director of Development Services
714.794-8027
[email protected]

A GLIMPSE INTO CSG
 Founded in 1991
 8 offices across California
 350+ employees
 100% employee-owned
 Multidisciplinary: planning,
environmental, sustainability,
building and safety, fire
prevention, code enforcement,
public works, plan check,
construction management,
and engineering services
DocuSign Envelope ID: 3FC673D4-DD05-4040-87E9-019A2D4C6165

On-Call Professional Planning and Special Project Management ii

TABLE OF CONTENTS

SECTIONS
Cover Letter ................................................................................................................................................................ i Firm Overview............................................................................................................................................................ 1 Current Planning ........................................................................................................................................................ 3 Relevant Projects....................................................................................................................................................... 6 Work Plan................................................................................................................................................................... 8 Project Staffing ........................................................................................................................................................ 12 Fee Schedule............................................................................................................................................................ 14

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FIRM OVERVIEW

COMPANY PROFILE
CSG Consultants, Inc. (CSG) is an employee-owned California company with over 350 employees. CSG’s Southern California office is in Orange and headquarters in Foster City, California. Additional support is available from our other offices in Pleasanton, Newman, Paso Robles, Fresno, Sacramento and San Jose. Founded in 1991, CSG performs work solely for public agencies, eliminating the potential for conflicts of interest between developers and agencies. In this way, we can focus exclusively on the specific needs of our municipal clients.

NAME OF FIRM: CSG Consultants, Inc.

CONTACTS: Gena Guisar, AICP, Director of Development Services, So Cal 714.794.8027 Office • [email protected]
Ethan Edwards, AICP, Vice President of Planning Services 714.699.4297 Mobile • [email protected]
LOCAL OFFICE: 3707 W. Garden Grove Boulevard, #100, Orange, California 92868 HEADQUARTERS: 550 Pilgrim Drive, Foster City, California 94404 (650) 522-2500 phone • (650) 522-2599 fax
www.csgengr.com • [email protected]
REGIONAL OFFICES: 5151 N. Palm Avenue, Suite 530, Fresno, California 93704 1303 J Street, #270, Sacramento, California 95814
3150 Almaden Expressway, #255, San Jose, California 95118 809 9th Street, Suite 2A, Paso Robles, California 93446 930 Fresno Street, Newman, California 95360
3875 Hopyard Road, #141, Pleasanton, California 94588
YEARS IN BUSINESS: 33+ • Founded in 1991
OWNERSHIP: Employee-Owned
EMPLOYEES: 350+
TYPE OF BUSINESS: California Corporation • Incorporated June 15, 2000 Our multi-disciplined municipal services staff consists of the following professionals:

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COMPREHENSIVE MUNICIPAL SERVICES
CSG provides a wide range of services to community development and public works departments, serving as an extension of agency staff. We are customer-centric and organized into the lines of business outlined below, each managed by highly experienced industry experts. Many of CSG’s personnel serve more than one line of business, which improves the quality of customer service and results in high employee retention.

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CURRENT PLANNING AND SPECIAL PROJECT MANAGEMENT
CSG’s Planning team provides contract staff support, entitlement services and special project management for a variety of project types. We excel at interfacing with public agencies and elected officials, tackling a wide range of current planning issues, and serve as case planners, applicant liaisons, or assist the public at the counter. Our staff planners perform daily planning activities, such as (but not limited to): zoning review and compliance, project entitlement services, Subdivision Map Act compliance, site plan review and design review, plan check, construction inspection services based on approved plans and conditions of approval, and other services as needed. Our planning staff also serve as extension of City staff in a number of jurisdictions, preparing staff reports, and making presentations to Planning Commissions, City Councils or Boards of Supervisors.

We understand the City's need for the management of several high profile priority projects. With our expertise and dedicated staff, we can seamlessly integrate with the existing planning staff and provide valuable support to meet the City's objectives.

Our capabilities in planning staff augmentation include, but are not limited to, the following services:

1. Project Management: Our team is experienced in project management for current planning projects. We have the ability to handle multiple projects simultaneously, effectively managing priorities, timelines, budgets and duties to ensure timely and successful project completion.

2. Land Use Entitlements Processing: We are proficient in processing various land use entitlements, including conditional use permits, general plan amendments, and zoning code amendments. Our team members act as project managers and have the necessary expertise to navigate the regulatory processes, manage timelines and budgets and ensure efficient processing of applications.

3. Compliance and Plan Review: Our experienced team can review application submittals for compliance with the City's General Plan policies, Zoning Code, specific plans, Subdivision Map Act, California Environmental Quality Act (CEQA), and other relevant regulatory statutes. We ensure that proposed developments align with the applicable requirements and regulations.

4. Plan Analysis and Corrections: CSG's experts can carefully analyze development plans and identify any necessary corrections or adjustments. We work closely with project applicants to communicate and address any required changes, ensuring adherence to planning standards and guidelines.

5. Project presentations: CSG can represent the City with high quality presentations before the Planning Commission and City Council. We possess strong communication and presentation skills, effectively conveying project details, recommendations, and addressing any inquiries or concerns.

6. Customer Service and Communication: CSG can provide coverage for the public counter, general planning phone, and general planning email. We excel in effectively communicating with customers, addressing inquiries, and providing assistance related to planning, zoning, and general development questions.

With CSG's planning staff augmentation services, the City can rely on our expertise to provide seamless support, maintain service continuity, and ensure the efficient processing of applications and projects. We are committed to assisting the City achieve its planning objectives while delivering high-quality results and excellent customer service.

ADVANCED PLANNING
CSG’s planners are well versed in the creation and management of long-range policy documents, and assist communities with visioning, goal setting and implementation, as well as project coordination for applicants and their consultant teams. Our team has prepared General Plans, Specific Plans as well as Community and Area Plans, Objective Design Standards, Design Guidelines, Zoning Code updates, and Economic Development Plans.

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With our extensive experience, we are well-equipped to handle city-initiated and applicant-driven advanced planning projects and special projects on behalf of the City. Our capabilities include managing a wide range of tasks and delivering successful outcomes.

Some of the specific services include:

1. General Plan Updates or Amendments: We have the expertise to assist the City in making updates or amendments to the general plan, ensuring alignment with the City's long-term vision and goals.

2. Specific Plans and Amendments: CSG is proficient in developing and modifying specific plans, tailored to specific areas or projects, to guide future development and land use.

3. Zoning Map and Text Amendments: We have the knowledge and experience to facilitate changes in the zoning map and zoning text, incorporating necessary updates or modifications to accommodate evolving requirements.

4. Focused Land Use Studies: CSG conducts in-depth land use studies to analyze specific sites or focused issues, providing valuable insights and recommendations for informed decision-making.

5. Objective Design Standards: Our team can develop objective design standards, ensuring consistency and quality in architectural and urban design for the City's projects.

6. Assessment of Legislative Requirements: We offer expert analysis of legislative requirements, ensuring compliance with applicable laws, regulations, and policies.

7. Policy/Procedure Memorandum: CSG is proficient in preparing policy and procedure memoranda, providing clear guidelines and frameworks for effective implementation.

8. Presentations and Public Engagement: We are skilled in presenting project proposals and findings before boards, committees, commissions, and the city council, effectively conveying information and garnering support.

9. Creation of Forms and Documents: CSG can develop customized forms and documents that streamline administrative processes and facilitate efficient project management.

CSG brings a wealth of experience and expertise enabling us to handle various advanced planning and special projects for the City. We are committed to delivering high-quality results and ensuring the City's vision and goals are realized.

CSG’S ENVIRONMENTAL PLANNING EXPERIENCE
CSG understands the City is seeking an experienced consultant with the expertise necessary to process environmental review applications and requests pursuant to CEQA, which may include facilitating, leading and/or assisting planning staff with environmental review of long-range planning initiatives. We understand the City may need assistance with following duties:
 Initial Studies with all applicable technical reports to support an adequate CEQA determination.  Negative Declaration.
 Mitigated Negative Declaration.
 Associated Mitigation Monitoring and Reporting Program (MMRP), if applicable.  Environmental exemptions.
 Addendums to previously approved and certified environmental analyses.  Environmental Impact Reports (EIRs).
 All notices required per CEQA such as Notices of Intent/Preparation/Determination.  Providing peer review of CEQA documents prepared by project applicants.  Conducting and/or supporting CEQA review for the following potential projects:
- Large and small-scale development applications such as zoning amendments, use permits, and vesting tentative maps.

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- Potential updates/amendments to the General Plan.
- Potential updates/amendments to Specific Plans.
- Potential updates to the Zoning Ordinance.
 Providing strong emphasis on the management of multiple projects and completing priorities while maintaining quality, meeting schedules, and staying within budget.
 Facilitation of special projects authorized by the City Council.

CSG views every assignment and project as a way to build long-lasting, meaningful working relationships with our clients. We always seek to excel in maintaining a clear line of communications with every client, stakeholder, agency, decisionmaker, and project team member to ensure assignments and projects are achieving and exceeding expectations. We work with positive attitudes, focus on teamwork, and have a shared determination in exhibiting professionalism in everything we do. Our mission is to consistently meet or exceed our client’s expectations in a responsible and efficient manner.

CSG has the environmental staff resources to manage and prepare clear, concise, and legally defensible environmental documents under the California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA) for projects of all types, including development, infrastructure improvements, ecological enhancements, and policy adoption documents, such as General Plans and Specific Plans. CSG will serve as an extension of El Segundo staff to ensure that the entire environmental review process is conducted in a comprehensive manner. CSG will consider recent legislation and court decisions pertaining to CEQA and NEPA, and agency requirements. Our objective is to provide premium services to our clients, along with highly accurate technical documentation and impact determinations. Our approach entails an efficient process to ensure that studies are comprehensive, objective, technically accurate, and complete, while maintaining a focus on the schedule established for the review. Our approach includes consistent and regular interaction and communications between staff, our team, and other interested/responsible governmental agencies and parties, as appropriate, allowing for frequent exchange of information without loss of time or resources.

Our range of types of CEQA studies includes Categorical Exemptions, Initial Studies, Negative Declarations, Mitigated Negative Declarations, Project/Program/Focused/Supplemental/Subsequent and Addendum Environmental Impact Reports (EIRs), consistency checklists, as well as mitigation monitoring and reporting programs. We can assist the City of El Segundo with recommendations and scoping for the appropriate CEQA and NEPA documentation and, should an EIR be the determined CEQA clearance, CSG can lead the preparation of response to comments and any required findings of facts/statement of overriding considerations. We are also ready to assist the City of Bell with project stakeholder coordination, filing of public notices, participation in public hearings, and complete project management services throughout the environmental review process.

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RELEVANT PROJECTS
Our record of success with our clients is outstanding. The following is a small sampling of CSG’s Environmental Consulting Services projects and clients. For each of these projects, CSG was able to maintain agreed upon budgets and processing timeframes. Additional examples and references are available upon request.

Planning Services | City of El Segundo, California. CSG staff provides project management and entitlement processing services for the City of El Segundo. We have managed several high-profile projects, including a ±140-acre mixed use site on the former Raytheon manufacturing site and a mixed-use media campus. Another noteworthy project is the Smoky Hollow Specific Plan Amendment and EIR for the Grand Kansas II Project.

CSG staff provides entitlement project management and conducted a peer review of the environmental documentation for this office and commercial development. Our services also include Site Plan Review, Specific Plan Amendments, Coastal Development Permits, public outreach and grant administration.

In order to develop the Los Angeles Chargers headquarters and training facility, CSG’s Planning team assumed a project manager role in working with the applicants to process the requisite entitlements which included an EIR Addendum, Development Agreement Amendment, Minor Amendment of the Smoky Hollow Specific Plan, Vesting Tentative Tract Map, and Site Plan Review. CSG successfully presented the entitlement package, staff reports, resolutions, and project presentation to both the Planning Commission and the City Council, and both were approved.

CSG’s team also assisted the City with the realignment of the Nash Street Extension. In this role, we are ensuring that the street design is consistent with the Specific Plan and incorporates the requisite median design and sidewalk and bike lane improvements.

Planning Services | City of Carson, California. CSG provides on-call planning and special project management to the City of Carson. As part of this process, our Planning Lead manages technical consultants, provides document review, conducts community outreach, and attends community and City Council meetings. Our staff is currently managing several high profile projects in the City, including Imperial Avalon, a high density mixed use project near the City’s gateway. Staff is also managing the District at South Bay Specific Plan amendment for a modification to the permitted land uses and development standards for a portion of its 157-acres. The site remains undeveloped, as it was used as a landfill site for the deposition of waste/refuse from areas throughout Los Angeles County between 1959 and 1965, prior to the incorporation of the City of Carson.

Planning Services | City of Norwalk, California. CSG staff is currently managing the Norwalk Transit Village project, a 32-acre Mixed Use Eco-District in the City of Norwalk. The property sits roughly 0.25 acres from a Metrolink Station and is immediately adjacent to a 9.4-acre public park. The project will include up to 770 dwelling units (40% affordable), ample open space, a 150-key hotel, and neighborhood commercial space. CSG’s responsibilities include drafting the Specific Plan, managing the CEQA compliance document (in this case, an EIR), Public Outreach, management of due diligence activities and a Remediation Action Plan, entitlement processing and Project Team management. This unique project will occupy the site of a former State-owned Youth Correctional Facility and is subject to the Surplus Land Act.

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Laguna Beach Downtown Specific Plan Program EIR | City of Laguna Beach, California. CSG is starting an assignment with the City of Laguna Beach, involving preparation and processing of the Downtown Specific Plan EIR, which proposes to introduce 200 to 400 residential units in the downtown area. In addition, CSG has been involved with various staff training programs with City staff and community groups to develop a better understanding of the practice of CEQA. The assignment was authorized in the fall of 2023 and the budget and schedule will be adhered to, with the contract citing completion by December 2025.

Janss Marketplace EIR | City of Thousand Oaks, California. CSG prepared an Environmental Impact Report (EIR) to evaluate the potential environmental impacts of the development of a hotel at 225 North Moorpark Road in Thousand Oaks. The proposed project included demolition of the current two-story retail building, to be replaced by a five-story dual hotel and retail pad, the creation of a map to designate airspace rights, and a zoning change to the footprint of the hotel to increase the building’s height limitation.

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WORK PLAN
APPROACH TO WORK – CURRENT AND LONG-RANGE PLANNING
At CSG, we act as project managers in most of our efforts, but we are first and foremost planners. Our goal is to always perform as a “partner planner” for our clients, providing additional support and services to existing agency staff members. CSG’s project managers bring decades of project management experience, implementing best practices, while delivering work products on time and within budget.

We believe that a comprehensive approach to project management includes attention to land planning, economic feasibility, urban design, and the environment. Our project management philosophy is built upon the anticipation of, and preparation for, all issues that may arise throughout the planning process. By constantly considering and developing the appropriate process and plan to address political, environmental, social, and design challenges/opportunities, we can better serve the City while delivering the highest quality product. Our management team of senior professionals will work in close partnership with City staff to ensure continuous coordination of our proposed services. They will assist the City in determining planning and environmental review requirements with support from additional City planners and technical staff that allow our team to provide a wide range of services in a cost-effective manner.

CSG junior planning personnel assist client jurisdictions with plan checks, use permits, design review, tentative maps, and General Plan and zoning amendments, as needed. As Planning staff augmentation, our planners regularly coordinate with project developers, property owners, contractors, engineers and architects; prepare staff reports, resolutions, ordinances and conditions of approval; and present to appointed Commissions, Planning Commission, City Council or Board of Supervisors.

CSG's approach to current and long-range planning is to “dig in” and become familiar with the City’s General Plan, zoning code, ongoing projects, and development trends so that we may best assist the City. Our approach includes:
 Analyzing a project’s compliance with the City’s plans, policies and regulations. Our staff is familiar with conducting plan checks and design review; evaluating Tentative Maps, development permits, conditional use permits, and other permits; and, conducting General Plan and zoning amendments;  Reviewing and processing both ministerial and discretionary applications;  Researching, compiling and analyzing social, economic, environmental and associated data;  Preparing necessary long-range planning documents and amendments;  Meeting with developers, their consultants and other project proponents, such as property owners and other interested groups, for any project. We recognize that these are important groups or individuals to any project; and  Providing public counter services, including but not limited to, answering general questions and processing Zoning Clearances, Accessory Dwelling Unit Zone Clearances, Temporary Use Permits, Home Occupation Permits, and/or Short-Term Rental permits.

Members of our staff are currently actively working in agency offices, holding regular office hours, and answering public inquiries by email, mail, or telephone. However, given current COVID-19 restrictions, we also provide services remotely for several jurisdictions. Our staff are available to attend community meetings and present at public hearings; prepare staff reports, resolutions, ordinances; and prepare oral and/or electronic presentations. CSG staff also has knowledge and experience in providing affordable housing support, preparing and administering grants, preparing parking studies, performing fiscal and economic analyses, as well as providing Geographic Information System (GIS) assistance.

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APPROACH TO WORK – ENVIRONMENTAL PLANNING/REVIEW SERVICES CSG Consultants, Inc. (CSG) brings specialized expertise, knowledgeable and highly experienced staff, and proximity which facilitates communication and rapid response. As a proud partner working with many of the local communities and industry associations, CSG has successfully contributed to the fabric of community development services in the region.

CSG recognizes that future agency projects, depending on their type, size, and issues of concern, may require several different types of CEQA processes. The work program will be initiated following completion and confirmation of the Project Description.

Additionally, and more specifically, we embrace the following steps in the review process:
 Establish a communications protocol and technical leads, including subconsultants and other key team members, to ensure project critical information is efficiently and accurately conveyed across the team.  Ensure roles/responsibilities are clear for efficient management of assignments and quality control of services and deliverables.
 Utilize experienced staff with extensive relevant experience who will do the job right the first time.  Agree on initial project schedule, budget, and protocol for updating status during all project phases.  Determine key project description details with the City early to facilitate accurate and consistent reviews and analysis.
 Verify that the technical approach/scope of services, as conveyed in the proposal, meet San Fernando’s expectations following completion of the Project Description.  Collaborate up front with the City on standard templates for project deliverables, including peer review technical memoranda and CEQA document components.

Communications and Techniques. As previously mentioned, CSG’s goal is to provide cost-effective, technically sound, and legally defensible environmental consulting and documentation services to our municipal clients. To this end, we emphasize frequent, informal communications with agencies and prepare concise verbal and written summaries of project information that can be readily shared with project participants and City staff. Our firm’s management style involves “no surprises”, which means that if we encounter a challenge or constraint, we will immediately notify the City and be prepared to provide proven, short and/or long-term strategies for remedying any situation we encounter. Our project management philosophy revolves around an infrastructure of effective communications and problem solving, resulting in effective results for a particular situation.

Developing Project Descriptions and Context. One of the most important factors in preparing a legally defensible environmental document is having a complete and accurate understanding of the proposed project/action prior to initiating environmental analysis or review. Taking the time to fully describe “the whole of the action” can result in significant time and cost savings. Further, initiating technical studies and starting the CEQA process at the appropriate time eliminates the need to backtrack and redo analysis due to new or changing project circumstances. CSG will assist City staff in defining the precise location and boundaries of all of the components, facilities, and associated infrastructure to be studied for a proposed project. CSG will also assist the City in identifying opportunities to keep a project moving forward, despite uncertainties. For example, if a specific utility alignment is not yet known, CSG can evaluate a larger area in the field in order to provide flexibility in the project design, while allowing the environmental studies to proceed.

Conducting Preliminary Environmental Compliance Review. CSG’s proposed approach to preparing environmental documentation is reflective of our experience in dealing with the preparation of documentation for a wide range of projects. After conducting a preliminary environmental compliance review to confirm whether and at what level a project is subject to CEQA, CSG will consider whether a statutory or categorical exemption may apply and provide the appropriate recommendation. CSG will also evaluate whether a project may be eligible to utilize one or more of the applicable CEQA streamlining provisions.

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Preparing Initial Studies. When it is determined that a project/action is subject to CEQA and no statutory or categorical exemptions/exclusions apply, CSG would recommend that an Initial Study be prepared to determine the level of CEQA clearance that is required. An Initial Study is the common supporting review documentation for a (mitigated) negative declaration determination. In certain instances, we know early on that a proposed activity may have the potential to result in significant impacts and that the preparation of an EIR will be required.

In these cases, depending upon a project’s circumstances, CSG can either bypass the preparation of an initial study and immediately proceed with preparing an EIR, or we may recommend that it is beneficial to prepare an Initial Study as a tool for scoping an EIR to only those topical areas that may result in a potentially significant impact.

Preparing EIRs. When there is substantial evidence that a proposed project or action may result in potentially significant impacts on the environment, CSG provides the technical capabilities and expertise to assist our agency clients in preparing an EIR, including, but not limited to: defining the project description, identifying stakeholders and affected agencies, maintaining the administrative record, preparing and distributing the notice of preparation for a 30 day review, conducting a scoping meeting, preparing supporting technical reports and Administrative Draft EIR for internal review, preparing and circulating the Public Review Draft EIR for a 45 day review period, drafting responses to comments, preparing the Final EIR and Mitigation Monitoring and Reporting Program, preparing Findings of Facts, and, as necessary, preparing a Statement of Overriding Considerations to support a lead agency’s final decision on a project.

Leveraging Knowledge of Local, State, and Federal Regulations. CSG regularly works with regulatory agencies through the CEQA process to identify, discuss, and resolve key environmental issues, as well as during the regulatory permitting phases of a project. We have professional working relationships with local, State, and Federal agency staff and can facilitate discussions and meetings as needed for items and issues for discussion. Our management and technical staff have excellent working relationships with Caltrans, California Department of Fish and Wildlife, the Regional Water Quality Control Boards, California Housing and Community Development, the Army Corps of Engineers, and other State and Federal agencies.

Public Input Processes and Dissemination of Information. CSG will help the City ensure that responses to public comments received on environmental documents are complete and accurate for the purposes of CEQA. CSG can assist the City in preparing robust community outreach plans that include ongoing public engagement opportunities, or we can attend public hearings and meetings either to answer questions on the City’s behalf or present our findings to the decision-making body. Should any additional/new public comments be raised at these hearings and meetings, CSG can assist the City in appropriately responding to these comments.

Ensuring Compliance with Processing and Legal Requirements. The CSG team has historically prepared CEQA documentation for low to highly controversial projects and we have an excellent record of legal defensibility for the documentation we prepare. We exercise particular care to ensure that CSG’s environmental documents contain thorough environmental analysis and explicitly document all data sources and research contacts. This approach reduces the potential for successful legal challenges and assists lead agencies in preparing the administrative record.

CSG staff are experienced in conducting environmental review for controversial projects and we have developed research and documentation techniques that can reduce the potential for legal challenges.

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Quality Assurance/Control. CSG is committed to providing high quality documentation that engenders client satisfaction, meets the needs of the project, and withstands legal scrutiny. Therefore, conducting in-house QA/QC reviews concurrently with the preparation of written technical documents is a critical part of our delivery of technically sound and legally defensible environmental documents. Our approach to achieving the envisioned level of quality includes the following steps: First, our QA/QC process begins with the assignment of staff members who have the appropriate technical expertise to complete the work. Second, all work products are prepared with oversight and reviewed by an assigned technical lead. Third, upon completion of the first internal draft of a technical document or report, it is reviewed by the project manager for consistency with the project description, compliance with the approved scope of work, and technical accuracy. Once the documentation has been revised and updated to the satisfaction of the project manager, it is sent to our technical editor for review of grammar, proper nomenclature, references, and methodology consistency. The last step before the document is submitted to the City is a thorough and complete word processing review that produces a correctly formatted document, with accurate references to tables, exhibits, appendices, and the table of contents. Only then is the document submitted to the City for review.

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PROJECT STAFFING
The majority of the 350+ individuals within our firm have provided public agency services throughout their entire careers. Our talented personnel, having held positions within communities facing similar development concerns as the City of El Segundo, bring a wealth of ideas, experience, and solutions. Depending upon the needs of our clients, we can serve in either a project-specific or on-call staff augmentation capacity.

KEY CSG TEAM MEMBERS
ETHAN EDWARDS | AICP | VICE PRESIDENT OF PLANNING SERVICES About Mr. Edwards is dedicated to ensuring resource availability and maintaining high-quality standards. As the Vice President of Planning Services at CSG, he oversees Planning, Environmental, and Sustainability divisions. With over 24 years of extensive experience in complex land use planning across California and Oregon, Mr. Edwards brings expertise in current and long-range planning, design strategies, coastal development review, CEQA compliance, and professional practice building.

Mr. Edwards served as a planner for several public and private sector organizations and has served in various management roles including Community Development Director, Planning Manager and Principal Planner. In his present role, Mr. Edwards manages staff and projects, ensuring quality assurance and control, effective scheduling, budget adherence, and the implementation of customer service strategies. Actively involved in guiding project success, he is dedicated to providing the highest level of service to CSG's clientele. With his unwavering commitment and extensive experience, Mr. Edwards plays a pivotal role in advancing CSG's mission to excel in delivering planning services
GENA GUISAR | AICP | DIRECTOR OF DEVELOPMENT SERVICES
About Ms. Guisar has over 24 years of planning expertise in both the private and public sectors. She has designed and managed a wide variety of development applications and led teams through the entitlement and environmental review process. Ms. Guisar’s experience includes working as a project manager leading large, interdisciplinary consultant teams in environmental planning efforts for a variety of residential, commercial, industrial and mixed-use land development projects throughout Southern California. Her thorough knowledge of the principles and practices of CEQA, urban and regional planning, zoning, development economics and designs makes her an asset to any development team.

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GLENN LAJOIE | AICP | PRINCIPAL, DIRECTOR OF ENVIRONMENTAL PLANNING About Mr. Lajoie has over 35 years of experience in the environmental planning profession. Mr. Lajoie’s diverse background includes a wide range of CEQA/ NEPA compliance studies, including policy, development, and infrastructure projects. He has served in various roles on projects, including Project Director, Project Manager, Quality Control and lead for navigating complex regulatory processes. Mr. Lajoie has an extensive background with agencies throughout California. The geographic context is wide ranging including: resort and destination projects in the Town of Mammoth Lakes; numerous infrastructure and desalination project reviews in the Community of Cambria; downtown high rise and mixed-use proposals in Long Beach; city center and neighborhood revitalization opportunities in Lancaster; buildout of the City’s Business Park Master Plan in Cypress; over two million square feet of expansion for the Raytheon Corporate facility in El Segundo; campus modernization and enhancement projects in the University of California, Riverside; and the master plan update for the Hotel del Coronado.

KANECA POMPEY| ASSOCIATE PLANNER
About Ms. Pompey serves as an Associate Planner for CSG Consultants. Ms. Pompey has over 6 years of experience in the planning industry, providing project management and high-quality customer service, reviewing discretionary planning applications and various environmental documents, providing oversight and preparation of staff reports and presentations performing plan checks for Zoning and Municipal Code compliance, and mentoring junior staff.

SOPHIA MATHENY | ASSISTANT PLANNER
About Ms. Matheney serves as an Assistant Planner II for CSG Consultants and is currently providing staff support to CSG clients. Ms. Matheny provides planning assistance to public agencies using her knowledge of administering municipal codes and her communication skills in providing information to the public and other City departments.

BRENNA WENGERT | AICP | ASSOCIATE PLANNER
About Ms. Wengert serves as an Associate Planner for CSG Consultants. Ms. Wengert has over 7 years of experience in the planning industry, providing project management and high-quality customer service, reviewing discretionary planning applications and various environmental documents, providing oversight and preparation of staff reports and presentations, and performing plan checks for Zoning and Municipal Code compliance.

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FEE SCHEDULE
CSG’s fee schedule is provided in Table 1 (CSG Hourly Rates) below.

Table 1
CSG Hourly Rates

PERSONNEL / ROLE HOURLY RATE
GIS Technician $133
GIS Analyst $145
GIS Manager $192
Planning Technician $125
Planning Technician $125
Assistant Planner $145
Associate Planner $166
Senior Planner $182
Principal Planner $197
Planning Manager $223
Planning Director $239
Assistant Environmental Planner $151
Associate Environmental Planner $171
Senior Environmental Planner $187
Environmental Director $223
Sustainability Programs Analyst $156
Sustainability Programs Manager $208
Principal-in-Charge $244
Notes: All hourly rates include overhead costs including, but not limited to, salaries, benefits, workers’ compensation insurance, travel and office expenses. Overtime services and services provided outside of normal business hours will be billed at 1.5x the applicable hourly rate.

On July 1 of each year following the contract start year, CSG will initiate a rate increase based on change in CPI for the applicable region. CSG will deliver an invoice every month for services rendered during the previous month.

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Ethan Edwards, AICP | Vice President of
Planning Services
CSG Consultants
3707 W Garden Grove Blvd, Ste 100
Orange, California, 92868
Tel: 714.568.1010
Fax: 714.568.1028
Email: [email protected]
Website: www.csgengr.com
Foster City • Orange • Sacramento • Pleasanton • San Jose • Newman • Fresno • Paso Robles

PROJECT CONTACT
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INSURER A :

INSURED INSURER B :

INSURER C :

INSURER D :

INSURER E :

INSURER F :

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

AUTOMOBILE LIABILITY

UMBRELLA LIAB

EXCESS LIAB WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

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

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

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

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

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

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

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

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

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

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

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

CERTIFICATE HOLDER CANCELLATION
ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
$
$
$
$
$
The ACORD name and logo are registered marks of ACORD
6/20/2024
License # 0C36861
(925) 280-4671
24414
CSG Consultants, Inc.
550 Pilgrim Dr
Foster City, CA 94404
27740
39217
37257
10046
A 1,000,000
X X CGA1414883 12/4/2023 12/4/2024 1,000,000
10,000
1,000,000
2,000,000
2,000,000
B 1,000,000
X X 161001088 12/4/2023 12/4/2024
C 5,000,000
191000608 12/4/2023 12/4/2024
10,000 5,000,000
D
X 152000753 12/4/2023 12/4/2024 1,000,000
1,000,000
1,000,000
E Professional Liab. X 83 OH 0489503-23 12/4/2023 Ea Claim/Agg 5,000,000 RE: Professional services for staff augmentation
The CITY, its elected or appointed officers, officials, employees, agents, and volunteers are to be covered as additional insureds on a Primary & Non-Contributory basis with respect to General liability, Professional Liability, & Auto 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. 30 day notice of cancellation and Waiver of Subrogation applies, with endorsement to follow.

City of Hermosa Beach
1315 Valley Drive
Hermosa Beach, CA 90254
CSGCONS-01 JPERRY3
Alliant Insurance Services, Inc.
560 Mission St 6th Fl
San Francisco, CA 94105
Julia Perry
[email protected]
General Casualty Co of WI (QBE)
North Pointe Insurance Company
QBE Insurance Corporation
Praetorian Insurance Company
Pacific Insurance Company, Limited
Aggregate
X
12/4/2024
X
X
X
X
X
X
X
DocuSign Envelope ID: 3FC673D4-DD05-4040-87E9-019A2D4C6165

COMMERCIAL AUTO
CA 80 02 05 12
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CA 80 02 05 12
Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1

ADDITIONAL INSURED BY CONTRACT OR AGREEMENT
This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM
A. ADDITIONAL INSURED BY CONTRACT OR

AGREEMENT
Paragraph A.1. Who Is an Insured of SECTION
II — LIABILITY COVERAGE is amended to include the following:

Any person or organization to whom you become
obligated to include as an additional insured under this policy, as a result of any contract or agreement you enter into which requires you to
furnish insurance to that person or organization of
the type provided by this policy, but only with respect to liability arising out of your operations or premises owned by or rented to you. However,
the insurance provided will not exceed the lesser
of:

1. The coverage and/or limits of this policy, or

2. The coverage and/or limits required by said
contract or agreement.

Policy Number: 161001088
DocuSign Envelope ID: 3FC673D4-DD05-4040-87E9-019A2D4C6165

CA-BA-2003 (12-20)
© , 2020
Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 6
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

COMMERCIAL AUTOMOBILE ENHANCEMENT
Name of Insured:

Policy Number:

Endorsement Number:

Effective Date of Endorsement:

Name of Insurer:

This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM
PRELIMINARY STATEMENT – This endorsement broadens coverage provided under the Coverage Form.

However, further limitations and exclusions may apply to these coverages. Read all provisions of this endorsement and the entire policy carefully to determine all rights, duties, coverages and limitations provided.

A. BROADENED WHO IS AN INSURED N. LOAN/LEASE PAYOFF COVERAGE B. NEWLY ACQUIRED OR FORMED

ORGANIZATIONS
O. CUSTOM SIGNS AND DECORATIONS
C. LIABILITY COVERAGE EXTENSIONS

SUPPLEMENTARY PAYMENTS
P. HIRED AUTO PHYSICAL DAMAGE
D. FELLOW EMPLOYEE COVERAGE Q. EXTENDED EMPLOYEE HIRED AUTO

PHYSICAL DAMAGE
E. POLLUTION LIABILITY – BROADENED

COVERAGE FOR COVERED AUTOS
R. EXTRA EXPENSE – STOLEN AUTOS
F. EXTENDED TOWING S. PARKED AUTO COLLISION WAIVER OF

DEDUCTIBLE
G. PHYSICAL DAMAGE COVERAGE

EXTENSIONS
T. DUTIES IN THE EVENT OF ACCIDENT, CLAIM,

SUIT OR LOSS
H. RENTAL REIMBURSEMENT U. WAIVER OF SUBROGATION
I. AIRBAG COVERAGE V. CANCELLATION CONDITION
J. AUDIO, VISUAL AND DATA ELECTRONIC

EQUIPMENT
W. UNINTENTIONAL FAILURE TO DISCLOSE

HAZARDS
K. TAPES, RECORDS AND DISCS COVERAGE X. POLICY PERIOD, COVERAGE TERRITORY L. PHYSICAL DAMAGE DEDUCTIBLE – SINGLE

DEDUCTIBLE AND GLASS REPAIR
Y. DEFINITION OF BODILY INJURY AMENDED
M. PERSONAL EFFECTS COVERAGE
CSG Consultants, Inc.
12/4/2023
North Pointe Insurance Company
161001088
DocuSign Envelope ID: 3FC673D4-DD05-4040-87E9-019A2D4C6165

CA-BA-2003 (12-20)
© , 2020
Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 6

PROVISIONS
A. BROADENED WHO IS AN INSURED
SECTION II — COVERED AUTOS LIABILITY
COVERAGE, A. Coverage, 1. Who Is An
Insured is amended by the addition of the
following:

Employees As Insureds
Any "employee" of yours is an "insured" while
using a covered "auto" you don't own, hire or
borrow in your business or your personal affairs.

Employee Hired Auto
Any "employee" of yours is an "insured" while
using an "auto" hired or rented under a contract
or agreement in that "employee's" name, with
your permission, while performing duties related
to the conduct of your business.

Additional Insured By Written Contract
Any person or organization to whom you are
required by a written contract or agreement to
provide additional insured status is an "insured"
under Covered Autos Liability Coverage, but only
to the extent that person or organization qualifies
as an "insured" under Section II.A.1. Who Is An
Insured of this Coverage Form. The written
contract or agreement must be in effect during the
policy period shown in the Declarations and must
have been executed prior to the "bodily injury" or
"property damage".

B. NEWLY ACQUIRED OR FORMED

ORGANIZATIONS
Throughout this policy, the words “you” and “your”
also refer to any subsidiary organization you newly
acquire or form and over which you maintain 50%
or more ownership interest, but only if there is no
similar insurance available to that organization.

However:

1. “Insured” does not include any subsidiary
organization where similar insurance is
unavailable because the organization has
exhausted that policy’s limits of insurance or
the other carrier has become insolvent.

2. The coverage does not apply to an "accident"
which occurred prior to your acquisition or
formation of the organization.

3. Unless you notify us to add coverage to your
policy, the coverage under this provision is
afforded only until:
a. The 180th day after you acquire or form
the organization, or
b. The end of the policy period, whichever
is earlier.

C. LIABILITY COVERAGE EXTENSIONS

SUPPLEMENTARY PAYMENTS
SECTION II — COVERED AUTOS LIABILITY
COVERAGE, A. Coverage, 2. Coverage
Extensions, a. Supplementary Payments,
Paragraphs (2) and (4) are replaced by the
following:
(2) Up to $5,000 for the cost of bail bonds
(including bonds for related traffic law
violations) required because of an "accident"
we cover. We do not have to furnish these
bonds.
(4) All reasonable expenses incurred by the
"insured" at our request, including actual loss
of earnings up to $500 a day because of time
off from work.

D. FELLOW EMPLOYEE COVERAGE
SECTION II — COVERED AUTOS LIABILITY
COVERAGE, B. Exclusions, 5. Fellow
Employee does not apply if the "bodily injury"
results from the use of a covered "auto" you own
or hire that is not a bus, motorcycle or van used
to transport “employees”.

This Fellow Employee Coverage is excess over
any other collectible insurance.

E. POLLUTION LIABILITY — BROADENED

COVERAGE FOR COVERED AUTOS

1. SECTION II – COVERED AUTOS
LIABILITY COVERAGE, B. Exclusions is
amended as follows:
a. 11. Pollution, Paragraph a. applies only
to liability assumed under a contract or
agreement.
b. With respect to the coverage afforded by
Paragraph 1.a. above, 6. Care, Custody
Or Control does not apply.

2. Changes in Definitions
For the purposes of this endorsement,
SECTION V — DEFINITIONS, Paragraph D.
is replaced by the following:

D. "Covered pollution cost or expense"
means any cost or expense arising out
of:

1. Any request, demand, order or
statutory or regulatory requirement
that any "insured" or others test for,
monitor, clean up, remove, contain,
treat, detoxify or neutralize, or in any
way respond to, or assess the effects
of "pollutants"; or
DocuSign Envelope ID: 3FC673D4-DD05-4040-87E9-019A2D4C6165

CA-BA-2003 (12-20)
© , 2020
Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 6

2. Any claim or "suit" by or on behalf of
a governmental authority for
damages because of testing for,
monitoring, cleaning up, removing,
containing, treating, detoxifying or
neutralizing, or in any way
responding to or assessing the
effects of "pollutants".
"Covered pollution cost or expense" does
not include any cost or expense arising
out of the actual, alleged or threatened
discharge, dispersal, seepage,
migration, release or escape of
"pollutants":
a. Before the "pollutants" or any
property in which the "pollutants"
are contained are moved from
the place where they are
accepted by the "insured" for
movement into or onto the
covered "auto"; or
b. After the "pollutants" or any
property in which the "pollutants"
are contained are moved from
the covered "auto" to the place
where they are finally delivered,
disposed of or abandoned by the
"insured".

Paragraphs a. and b. above do not
apply to "accidents" that occur away
from premises owned by or rented to
an "insured" with respect to
"pollutants" not in or upon a covered
"auto" if:
(1) The "pollutants" or any
property in which the
"pollutants" are contained
are upset, overturned or
damaged as a result of the
maintenance or use of a
covered "auto"; and
(2) The discharge, dispersal,
seepage, migration, release
or escape of the "pollutants" is
caused directly by such upset,
overturn or damage.

This Pollution Liability Coverage is subject to an
Annual Aggregate Limit of Liability of $100,000.

F. EXTENDED TOWING
SECTION III — PHYSICAL DAMAGE
COVERAGE, A. Coverage, 2. Towing And
Labor is replaced by the following:

2. Extended Towing And Labor
We will pay for towing and labor costs each
time a covered "auto" is disabled. All labor
must be performed at the place of
disablement.

The most we will pay under this Extended
Towing coverage is $750 per occurrence.

No deductible applies to this coverage.

G. PHYSICAL DAMAGE COVERAGE

EXTENSIONS
SECTION III — PHYSICAL DAMAGE
COVERAGE, A. Coverage, 4. Coverage
Extensions is amended as follows:
a. Transportation Expenses
The amount we will pay for temporary
transportation expense is increased to $75
per day to a maximum of $3,000.
b. Loss of Use Expenses
The amount we will pay for loss of use is
increased to $75 per day and to a maximum
limit of $1,000.

H. RENTAL REIMBURSEMENT

1. This coverage applies only to a covered
"auto" described or designated in the
Schedule or in the Declarations as carrying
physical damage coverage.

2. We will pay for rental reimbursement
expenses incurred by you for the rental of an
"auto" because of "loss" to a covered "auto".

Payment applies in addition to the otherwise
applicable amount of coverage you have on
each covered "auto".

3. We will pay only for those expenses incurred
during the policy period beginning 24 hours
after the "loss" and ending, regardless of the
policy's expiration, with the lesser of the
following number of days:
a. The number of days reasonably required
to repair or replace the covered "auto". If
"loss" is caused by theft, this number of
days is added to the number of days it
takes to locate the covered "auto" and
return it to you; or
b. 30 days.

4. Our payment is limited to the lesser of the
following amounts:
a. Necessary and actual expenses
incurred; or
b. $75 per day

5. This coverage does not apply while there are
spare or reserve "autos" available to you for
your operations.

6. If "loss" results from the total theft of a
covered "auto" of the private passenger type,
we will pay under this coverage only that
amount of your rental reimbursement
expenses which is not already provided for
DocuSign Envelope ID: 3FC673D4-DD05-4040-87E9-019A2D4C6165

CA-BA-2003 (12-20)
© , 2020
Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 6
under SECTION III — PHYSICAL DAMAGE
COVERAGE in Paragraph A.4. Coverage
Extensions.

No deductible applies to this coverage.

I. AIRBAG COVERAGE
SECTION III — PHYSICAL DAMAGE
COVERAGE, B. Exclusions, Paragraph 3.a. is
amended by the addition of the following:

This exclusion does not apply to the unintended
discharge of an airbag.

J. AUDIO, VISUAL AND DATA ELECTRONIC

EQUIPMENT
SECTION III – PHYSICAL DAMAGE
COVERAGE is amended as follows:

1. C. Limits Of Insurance, Paragraph 1.b. is
amended as follows:

The $1,000 limit is increased to $1,500.

2. D. Deductible does not apply to coverage
provided in C. Limits Of Insurance,
Paragraph 1.b.

K. TAPES, RECORDS AND DISCS COVERAGE
SECTION III — PHYSICAL DAMAGE
COVERAGE, B. Exclusions, Paragraph 4.a. is
replaced by the following:
a. Tapes, records, discs or other similar audio,
visual or data electronic devices designed for
use with audio, visual or data electronic
equipment except when the tapes, records,
discs or other similar audio, visual or data
electronic devices:
(1) Are your property or that of a family
member, and
(2) Are in a covered "auto" at the time of
"loss".

The most we will pay for "loss" under this
Tapes, Records and Discs Coverage is $200.

No Physical Damage Coverage deductible
applies to this coverage.

L. PHYSICAL DAMAGE DEDUCTIBLE — SINGLE

DEDUCTIBLE AND GLASS REPAIR
SECTION III — PHYSICAL DAMAGE
COVERAGE, D. Deductible is replaced by the
following:

D. Deductible
For each covered "auto", our obligation to pay
for, repair, return or replace damaged or
stolen property will be reduced by the
applicable deductible shown in the
Declarations prior to the application of the
Limit of Insurance. Any Comprehensive
Coverage deductible shown in the
Declarations does not apply to "loss" caused
by fire or lightning.

When two or more covered "autos" sustain
"loss" in the same occurrence, the total of all
the "loss" for all the involved covered "autos"
will be reduced by a single deductible, which
will be the largest of all the deductibles
applying to all such covered "autos."
No deductible applies to glass damage if the
glass is repaired rather than replaced.

M. PERSONAL EFFECTS COVERAGE

1. If you purchase Comprehensive Coverage on
this policy for a stolen owned "auto", we will
pay up to $1,000 for "personal effects" stolen
with the "auto".

2. "Personal effects" as used in this extension
means tangible property that is worn or
carried by the "insured". "Personal effects"
does not include tools, jewelry, money,
securities, radar or laser detectors, or tapes,
records, discs or similar audio, visual or data
electronic equipment.

No deductible applies to this coverage.

The insurance provided by this extension is
excess over any other collectible insurance.

N. LOAN/LEASE PAYOFF COVERAGE
SECTION III — PHYSICAL DAMAGE
COVERAGE is amended by the addition of the
following:

In the event of a total "loss" to a covered "auto"
shown in the Declarations, we will pay any unpaid
amount due on the lease or loan for a covered
"auto", less:

1. The amount paid under the Physical Damage
Coverage Section of the policy; and

2. Any:
a. Overdue lease/loan payments at the time
of the "loss";
b. Financial penalties imposed under a
lease for excessive use, abnormal wear
and tear or high mileage;
c. Security deposits not returned by the
lessor;
d. Costs for extended warranties, Credit
Life Insurance, Health, Accident or
Disability Insurance purchased with the
loan or lease; and
e. Carry-over balances from previous loans
or leases.

O. CUSTOM SIGNS AND DECORATIONS
In the event of a total “loss” to a vehicle insured
for auto physical damage coverage on this policy,
in addition to the ACV of the vehicle, we will pay
the actual cost to repair or replace signage or
custom paint details up to $5,000.

DocuSign Envelope ID: 3FC673D4-DD05-4040-87E9-019A2D4C6165