City Council

Regular Meeting Tuesday, April 2, 2013 6:00 PM City Council Chambers

Mayor David J. Lesser Mayor Pro Tem Amy Howorth Councilmember Wayne Powell Councilmember Mark Burton Councilmember Tony D'Errico

Executive Team

David N. Carmany, City Manager

Jim Arndt, Public Works Director Quinn Barrow, City Attorney Robert Espinosa, Fire Chief Richard Gill, Parks & Recreation Director Cathy Hanson, Human Resources Director Eve R. Irvine, Police Chief Bruce Moe, Finance Director Liza Tamura, City Clerk Richard Thompson, Community Development Director

MISSION STATEMENT: The City of Manhattan Beach is dedicated to providing exemplary municipal services, preserving our small beach town character and enhancing the quality of life for our residents, businesses and visitors.

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City Council Meeting Agenda Packet

Agenda Item No. Starting Page Ending Page AGENDA 1 10 1 11 12 2 13 16 3 17 20 4 21 24 5 25 28 6 29 32 7 33 38 8 39 78 9 79 94 10 95 112 11 113 162 12 163 174 13 175 220 14 221 372 15 373 378

City Council Agenda Final April 2, 2013

MANHATTAN BEACH’S CITY COUNCIL WELCOMES YOU!

Your presence and participation contribute to good city government .

By your presence in the City Council Chambers, you are participating in the process of representative government. To encourage that participation, the City Council has specified a time for citizen comments at two places on the agenda - once following the “Consent Calendar” under “Community Announcements,” at which time citizens may address the City Council concerning any brief item of community interest not on the agenda and not-to-exceed one minute in duration for any speaker; and again directly following “Community Announcements,” under “Audience Participation,” at which time citizens may address the City Council on any matter of City business not on the agenda with each speaker limited to three minutes.

Copies of staff reports or other written documentation relating to each item of business referred to on this agenda are available for review on the City's website at www.citymb.info, at the County Library located at 1320 Highland Avenue, the Police Department located at 420 15th Street, and are also on file in the Office of the City Clerk for public inspection. Any person who has any question concerning any agenda item may call the City Clerk's office at (310) 802-5056 to make an inquiry concerning the nature of the item described on the agenda.

All Public Hearing and General Business agenda items which have not been introduced by 10:30 p.m. will be continued to the next Regular City Council meeting, or to such other time set by the City Council prior to adjournment, unless the City Council votes to suspend this rule.

In compliance with the Americans With Disabilities Act, if you need special assistance to participate in this meeting, you should contact the Office of the City Clerk at (310) 802-5056 (voice) or (310) 546-3501 (TDD). Notification 36 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting.

BELOW ARE THE AGENDA ITEMS TO BE CONSIDERED. THE RECOMMENDED COUNCIL ACTION IS LISTED IMMEDIATELY AFTER THE TITLE OF EACH ITEM IN BOLD CAPITAL LETTERS.

A. PLEDGE TO THE FLAG

B. ROLL CALL

C. CERTIFICATION OF MEETING NOTICE AND AGENDA POSTING

I, Liza Tamura, City Clerk of the City of Manhattan Beach, California, state under penalty of perjury that this notice/agenda was posted on Friday, March 29, 2013, on the City's Website and on the bulletin boards of the City Hall and the Library. Date: 03/29/2013 Signature: /s/ Liza Tamura

D. CLOSED SESSION ANNOUNCEMENT

E. APPROVAL OF AGENDA AND WAIVER OF FULL READING OF ORDINANCES

By motion of the City Council this is the time to notify the public of any changes to the agenda and/or rearrange the order of the agenda.

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F. CEREMONIAL CALENDAR 1. Proclamation Declaring the Week of April 14-20, 2013 as National 13-0155 Library Week PRESENT Attachments: Attachment 1 - Proclamation of National Library Week

G. COMMUNITY ANNOUNCEMENTS (One Minute Per Person)

This portion of the meeting is to provide an opportunity for citizens to address the City Council regarding community announcements. The duration for an individual speaking under " Community Announcements" is limited to one minute. A second, extended opportunity to speak is provided under "Audience Participation." While all comments are welcome, the Brown Act does not allow City Council to take action on any item not on the agenda. Please complete the "Request to Address the City Council" card by filling out your name, city of residence, and returning it to the City Clerk. Thank you!

H. AUDIENCE PARTICIPATION (Three Minutes Per Person)

Speakers may comment on any item of interest to the public that is within the subject matter jurisdiction of the legislative body, including items on the agenda. The Mayor may determine whether an item is within the subject matter jurisdiction of the City. While all comments are welcome, the Brown Act does not allow City Council to take action on any item not on the agenda. Please complete the “Request to Address the City Council” card by filling out your name, city of residence, and returning it to the City Clerk. Thank you!

I. CONSENT CALENDAR

NOTICE TO THE PUBLIC - The “Consent Calendar” adopting the printed Recommended City Council Action will be enacted with one vote. The Mayor will ask the City Councilmembers, the public, and the staff if there is anyone who wishes to remove any item from the “Consent Calendar” for discussion and consideration. The matters removed from the “Consent Calendar” will be considered individually at the end of this Agenda under “Items Removed from the Consent Calendar.” At that time, any member of the audience may comment on any item pulled from the “Consent Calendar.” The entire “Consent Calendar,” with the exception of items removed to be discussed under “Items Removed from the Consent Calendar,” is then voted upon by roll call under one motion. 2. Award of Bid for the Purchase of Five Budgeted Ford Replacement 13-0147 Vehicles for the Public Works and Police Departments from South Bay Ford ($26.313.37), Villa Ford ($61,248.64) and North County Ford ($65,997.99); and Award of Order to South Bay Regional Public Communications Authority to Equip the Vehicles ($67,231). APPROVE Attachments: Attachment 1 - Bid Comparison Ford Vehicles (5)

3. Award of Bid for the Purchase of Two Replacement Honda Vehicles for 13-0148 the Police Department from Norm Reeves Honda ($32,289.20) and Honda of Downtown Los Angeles ($30,892.00). APPROVE Attachments: Attachment 1 - Bid Comparison Honda Vehicles (2)

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4. Award of Bid for the Purchase of Seven Budgeted Ford F250 13-0156 Replacement Trucks for the Public Works Department from Fairview Ford ($181,291.10) and Frontier Ford ($125,838.25). APPROVE Attachments: Attachment 1 - Comparison for Ford Trucks (7)

5. Purchase of One Replacement Dial-A-Ride Paratransit Vehicle from 13-0123 Hoglund Bus Company in the Amount of $69,240; Transfer of $75,000 from Unreserved Measure R Fund Balance to Proposition A Fund; Appropriate $75,000 from Proposition A Fund. APPROVE; TRANSFER; APPROPRIATE 6. Purchase of One Budgeted Replacement Vac-Con Combination Sewer 13-0167 Truck for the Public Works Department from Atlantic Machinery, Inc. in the Amount of $381,304.89. APPROVE 7. Resolution Ordering Plans, Specifications, Cost Estimates and Engineer’ RES 13-0013 s Report for Annual Street Lighting Assessments ADOPT RESOLUTION NO. 13-0013 Attachments: Attachment 1 - Resolution No. 13-0013 Attachment 2 - Lighting and Landscape Assessment Districts Map

8. Financial Reports: 13-0164 a) Schedule of Demands: March 12, 2013. RATIFY b) Payroll Register: March 14, 2013. RATIFY c) Investment Portfolio for the Month Ending February 28, 2013. RECEIVE AND FILE d) Financial Reports for the Month Ending February 28, 2013. RECEIVE AND FILE Attachments: Attachment 1 - Warrant Register for March 2, 2013 Attachment 2 - Payroll Register for March 14, 2013 Attachment 3 - Investment Portfolio for the Month Ending February 28, 2013 Attachment 4 - Financial Reports for the Month Ending February 28, 2013

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9. Introduction of Ordinance No. 13-0002 amending the City’s Municipal ORD 13-0002 Code regarding banners and decorations in the Public Right Of Way and adoption of banner policy. a) WAIVE FURTHER READING b) INTRODUCE Attachments: Attachment 1 - Chapter 9.60 Attachment 2 - Banner List 2012 Attachment 3 - Proposed Ordinance Attachment 4 - Legislative Digest Attachment 5 - Proposed Banner Policy

10. Minutes 13-0150 This item contains minutes of City Council meetings which are presented for approval and minutes from City Council subcommittees and from other City commissions and committees which are presented to be received and filed by the City Council. Staff recommends that the City Council, by motion, take action to approve the minutes of the: a) City Council Closed Session Minutes of March 6, 2013. APPROVE b) City Council Minutes of March 6, 2013. APPROVE c) Draft Finance Subcommittee Minutes of March 15, 2013. RECEIVE AND FILE d) Planning Commission Meeting of March 27, 2013. RECEIVE AND FILE Attachments: Attachment 1 - City Council Closed Session Meeting of March 6, 2013 Attachment 2 - City Council Meeting of March 6, 2013 Attachment 3 - Draft Finance Subcommittee Meeting of March 15, 2013 Attachment 4 - Planning Commission Meeting of March 27, 2013

J. PUBLIC HEARINGS

K. GENERAL BUSINESS

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11. Annual Fee Waiver Requests Associated with Non-Profit Special Events 13-0165 (American Martyrs Parish Fair; American Martyrs 5K Run/Walk; Grandview 5K; Holiday Fireworks Festival; Manhattan Beach 10K Run; Manhattan Beach Education Foundation Wine Auction; Manhattan Beach Grand Prix Bike Race; Manhattan Beach Hometown Fair; Manhattan Beach Little League Opening Day Parade; Richstone Pier-to-Pier Jog/Walk; and Robinson School Fun Run) APPROVE Attachments: Attachment 1- Legacy Special Event Applications Attachment 2 - Proposed Fee Waivers FY 2013-2014

12. Scope of Work for the Parks Open Space, Activity and Landscape 13-0139 Master Plan APPROVE Attachments: Attachment 1 - RFP Parks Open Space, Activity and Landscape Master Plan

13. Progress Report on the Agreement with the Chamber of Commerce to 13-0138 Provide Economic Services RECEIVE AND FILE Attachments: Attachment 1 - FY 2012-2013 Agreement Attachment 2 - Chamber of Commerce presentation

14. Award of Contract for Three-Year Citywide Street Tree Inventory Services 13-0129 and Tree Trimming to West Coast Arborists (WCA), Inc. in the Amount Not-to-Exceed $390,000 (Estimated $130,000 Annually). APPROVE Attachments: Attachment 1 - West Coast Arborists agreement Attachment 2 - WCA agreement Exhibit A attachment

15. Update of Strategic Plan Goals and Objectives. 13-0153 RECEIVE AND FILE Attachments: Attachment 1 - Strategic Plan Monitoring Matrix of 04/02/2013

L. ITEMS REMOVED FROM THE CONSENT CALENDAR

Prior to the Council’s consideration of each item removed from the consent calendar , speakers may comment on any or all of those items for up to three minutes per item.

M. CITY MANAGER REPORT(S)

N. OTHER COUNCIL BUSINESS, COMMITTEE AND TRAVEL REPORTS

O. ADJOURNMENT

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P. FUTURE MEETINGS

CITY COUNCIL MEETINGS

Apr. 16, 2013 – Tuesday – 6:00 PM – City Council Meeting May. 7, 2013 – Tuesday – 6:00 PM – City Council Meeting May. 9, 2013 – Thursday – 6:00 PM – City Council Budget Study Session #1 (Tentative) May. 14, 2013 – Tuesday – 6:00 PM – City Council Budget Study Session #2 (Tentative) May. 16, 2013 – Thursday – 6:00 PM – City Council Budget Study Session #3 (Tentative) May. 21, 2013 – Tuesday – 6:00 PM – City Council Meeting Jun. 4, 2013 – Tuesday – 6:00 PM – City Council Meeting Jun. 18, 2013 – Tuesday – 6:00 PM – City Council Meeting Jul. 2, 2013 – Tuesday – 6:00 PM – City Council Meeting Jul. 10, 2013 – Wednesday – 8:30 AM – City Council Strategic Plan Meeting Jul. 16, 2013 – Tuesday – 6:00 PM – City Council Meeting Aug. 6, 2013 – Tuesday – 6:00 PM – City Council Meeting Aug. 20, 2013 – Tuesday – 6:00 PM – City Council Meeting Sep. 3, 2013 – Tuesday – 6:00 PM – City Council Meeting Sep. 17, 2013 – Tuesday – 6:00 PM – City Council Meeting Oct. 1, 2013 – Tuesday – 6:00 PM – City Council Meeting Oct. 15, 2013 – Tuesday – 6:00 PM – City Council Meeting Nov. 5, 2013 – Tuesday – 6:00 PM – City Council Meeting Nov. 19, 2013 – Tuesday – 6:00 PM – City Council Meeting Dec. 3, 2013 – Tuesday – 6:00 PM – City Council Meeting Dec. 17, 2013 – Tuesday – 6:00 PM – City Council Meeting

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BOARDS, COMMISSIONS AND COMMITTEE MEETINGS

Apr. 3, 2013 – Wednesday – 6:00 PM – North Manhattan Beach Business Improvement District Apr. 8, 2013 – Monday – 6:30 PM – Library Commission Apr. 9, 2013 – Tuesday – 6:00 PM – Cultural Arts Commission Apr. 10, 2013 – Wednesday – 6:30 PM – Planning Commission Apr. 22, 2013 – Monday – 6:30 PM – Parks & Recreation Commission Apr. 24, 2013 – Wednesday – 6:30 PM – Planning Commission Apr. 25, 2013 – Thursday – 6:30 PM – Parking & Public Improvements Commission May. 1, 2013 – Wednesday – 6:00 PM – North Manhattan Beach Business Improvement District May. 8, 2013 – Wednesday - 6:30 PM - Planning Commission May. 13, 2013 – Monday - 6:30 PM – Library Commission May. 14, 2013 – Tuesday - 6:00 PM - Cultural Arts Commission May. 22, 2013 – Wednesday - 6:30 PM - Planning Commission May. 23, 2013 – Thursday - 6:30 PM - Parking & Public Improvements Commission Jun. 5, 2013 – Wednesday – 6:00 PM – North Manhattan Beach Business Improvement District Jun. 10, 2013 – Monday- 6:30 PM - Library Commission Jun. 11, 2013 – Tuesday - 6:00 PM - Cultural Arts Commission Jun. 12, 2013 – Wednesday- 6:30 PM - Planning Commission Jun. 24, 2013 – Monday - 6:30 PM - Parks & Recreation Commission Jun. 26, 2013 – Wednesday - 6:30 PM - Planning Commission Jun. 27, 2013 – Thursday - 6:30 PM - Parking & Public Improvements Commission

Q. CITY HOLIDAYS

CITY OFFICES CLOSED ON THE FOLLOWING DAYS:

May. 27, 2013 – Monday – Memorial Day Jul. 4, 2013 – Thursday – Independence Day Sep. 2, 2013 – Monday – Labor Day Oct. 14, 2013 – Monday – Columbus Day Nov. 11, 2013 – Monday – Veterans Day Nov. 28-29, 2013 – Thursday & Friday – Thanksgiving Holiday Dec. 25, 2013 – Wednesday – Christmas Day Jan. 1, 2014 – Wednesday – New Years Day Jan. 20, 2014 – Monday – Martin Luther King Day Feb. 17, 2014 – Monday – President's Day May. 26, 2014 – Monday – Memorial Day

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CITY OF MANHATTAN BEACH CLOSED SESSION AGENDA TUESDAY, APRIL 2, 2013 - 5:00 P.M. CITY COUNCIL CHAMBERS 1400 HIGHLAND AVENUE MANHATTAN BEACH, CA 90266

A. CALL MEETING TO ORDER

B. ROLL CALL

C. PUBLIC COMMENT ON CLOSED SESSION AGENDA

D. ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS:

1. CONFERENCE WITH LEGAL COUNSEL (EXISTING LITIGATION) (Government Code Section 54956.9(a)) Armato v. City of Manhattan Beach LASC Case No. BS142266

2. CONFERENCE WITH LEGAL COUNSEL (ANTICIPATED LITIGATION) (Government Code Section 54956.9(c)) The City Council will consider initiating litigation (1 potential case).

E. RECESS INTO CLOSED SESSION

F. RECONVENE INTO OPEN SESSION

G. CLOSED SESSION ANNOUNCEMENT

H. ADJOURNMENT

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Page 10 of 378 Agenda Date: 4/2/2013

TO: Members of the City Council

FROM: Mayor Lesser

SUBJECT: Proclamation Declaring the Week of April 14-20, 2013 as National Library Week PRESENT

______

The City Council of the City of Manhattan Beach Proclaims April 14-20, 2013, as National Library Week And Does Hereby Proudly Recognize Librarians and Library Workers For Making Information Accessible to All

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TO: Honorable Mayor and Members of the City Council

THROUGH: David N. Carmany, City Manager

FROM: Jim Arndt, Public Works Director Bruce Moe, Finance Director Gwen Eng, General Services Manager

SUBJECT: Award of Bid for the Purchase of Five Budgeted Ford Replacement Vehicles for the Public Works and Police Departments from South Bay Ford ($26.313.37), Villa Ford ($61,248.64) and North County Ford ($65,997.99); and Award of Order to South Bay Regional Public Communications Authority to Equip the Vehicles ($67,231). APPROVE

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RECOMMENDATION: Staff recommends that the City Council: a) Split the award of Bid #917-13 to South Bay Ford ($26,313.37) for the purchase of one Explorer; Villa Ford ($61,248.64) for two Police Interceptor Explorers; and North County Ford ($65,997.99) for two C-Max Energi plug-in electric vehicles; b) Waive formal bidding per Municipal Code Section 2.36.140 (waivers) for equipping the five vehicles; and c) Award an order in the amount of $67,231 to South Bay Regional Public Communications Authority for the equipping the five vehicles.

FISCAL IMPLICATIONS: Funds totaling $236,000 are budgeted in the fiscal year (FY) 2012-2013 Fleet Management Fund for the purchase and outfitting of these vehicles. The cost to purchase these vehicles is $153,560. Outfitting the vehicles with the necessary electronics and equipment costs $67,231. The total cost for the vehicles and equipment is $220,791.

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The list represents several “catch-up” years when the fleet was not actively replaced due to budget constraints. Where possible and practical, alternative fuel vehicles have been selected.

Vehicles Those vehicles being recommended for purchase at this time include: 1. Two replacement Police K-9 vehicles. The new units will be Police Interceptor Explorers; 2. One replacement vehicle, an Explorer, for the Police Department’s Detective Bureau; 3. One replacement vehicle, C-Max electric, for the Police Department’s Parking and Animal Control; 4. One replacement vehicle, C-Max electric, for the Public Works Department’s Maintenance Superintendent.

A total of nine bid responses were received. The bid comparison in Attachment 1 shows the aggregate price, including sales tax, payment discounts and other fees, for each of the models indicated. The low bid is in bold lettering. Based on these bids, staff recommends that the City Council split the award of Bid #917-13 to the lowest responsible bidder for each model: South Bay Ford ($26,313.37) for one Explorer; Villa Ford ($61,248.64) for two Police Interceptor Explorers; and North County Ford ($65,997.99) for two C-Max Energi plug-in electric vehicles. If this purchase is approved, the existing units will be retired and sent to auction. The new units will arrive in approximately 3-4 months.

Vehicle Equipment The City is a member agency of the South Bay Regional Public Communications Authority (RCC). In addition to providing 9-1-1 emergency dispatching, they also outfit City vehicles with the necessary electronics and equipment. As a member agency, no labor is charged and parts are at cost. Consequently, the cost of having RCC perform service is less expensive than outside contractors.

Another benefit to using RCC is that their staff stays current with new innovations that occur in the industry and products are field tested before a recommendation is made. The standardized installation of components in the City’s vehicles benefits City staff as they move from one car to the next, since the equipment is always in the same location (using other installers may result in different configurations and variations from the standardized set up). It also aids our fleet maintenance staff with troubleshooting since each vehicle is set up exactly the same. Finally, RCC’s staff maintains and repairs this equipment until it is retired, performs on-site service, and keeps backup components, which lessens vehicle downtime.

For these reasons, staff recommends that the City Council waive formal bidding and award an order to RCC in the amount of $67,231to outfit the five Ford vehicles recommended for purchase. The equipment will be installed when the ordered vehicles arrive.

CONCLUSION Staff recommends that the City Council: a) Split the award of Bid #917-13 to South Bay Ford ($26,313.37) for the purchase of one Explorer; Villa Ford ($61,248.64) for two Police Interceptor Explorers; and North County Ford ($65,997.99) for two C-Max Energi plug-in electric vehicles; b) Waive formal bidding per Municipal Code Section 2.36.140 (waivers) for equipping the

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five vehicles; and c) Award an order in the amount of $67,231 to South Bay Regional Public Communications Authority for the equipping the five vehicles.

Attachment: 1. Bid #917-13 Comparison for Ford Vehicles (5)

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Page 15 of 378 Attachment 1 - Bid #917-13 Ford Vehicles (5)

Vendor Explorer Utility Interceptor (2) C-Max Energi (2) 1. South Bay Ford $26,313.37 $61,569.89 No Bid 2. Fairview Ford $26,491.39 $61,925.14 No Bid 3. Wondries Fleet Group $26,981.89 $63,507.82 $67,895.05 4. Raceway Ford $27,187.90 $62,594.40 No Bid 5. Frontier Ford $26,649.75 $62,237.50 No Bid 6. Villa Ford $27,155.56 $61,248.64 No Bid 7. North County Ford $27,001.00 $62,508.01 $65,997.99 8. Ford of Orange $26,901.89 $62,648.04 $69,336.28 9. Berge Ford $27,114.03 $62,623.24 No Bid

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TO: Honorable Mayor and Members of the City Council

THROUGH: David N. Carmany, City Manager

FROM: Jim Arndt, Public Works Director Bruce Moe, Finance Director Gwen Eng, General Services Manager

SUBJECT: Award of Bid for the Purchase of Two Replacement Honda Vehicles for the Police Department from Norm Reeves Honda ($32,289.20) and Honda of Downtown Los Angeles ($30,892.00). APPROVE

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RECOMMENDATION: Staff recommends that the City Council split the award of Bid #916-13 to Norm Reeves Honda ($32,289.20) for the purchase of one Pilot EX (SUV), and Honda of Downtown Los Angeles ($30,892.00) for one Accord EX-L sedan.

FISCAL IMPLICATIONS: Funds totaling $79,000 are budgeted in the Fiscal Year (FY) 2012-2013 Fleet Management Fund for the purchase and equipping of these vehicles. The vehicles cost $63,181.20. The remaining budgeted funds of $15,818.80 will be used to outfit the vehicle with customary electronics and any other necessary equipment.

BACKGROUND: The FY 2012-2013 budget includes the replacement of 61 vehicles in the City’s fleet. The list includes a wide variety of vehicles that need to be replaced in order to maintain service levels, reduce repair costs and provide for cost-effective fleet operations. The list represents several “catch-up” years when the fleet was not actively replaced due to budget constraints. Where possible and practical, alternative fuel vehicles have been selected. There are no practical alternative fuel vehicles that meet the need. Staff will continue to evaluate our options for future purchases.

DISCUSSION:

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The Honda Accord sedan and Pilot are designated for use by the Police Department’s Detective Bureau. Both vehicles will be outfitted with customary equipment necessary for the detectives to perform their duties.

A total of three bid responses were received. The bid comparison (Attachment 1) shows the aggregate price, including sales tax and fees. The low bid for each vehicle is in bold lettering. Based on these bids, staff recommends that the City Council split the award of Bid #916-13 to the lowest responsive bidder for each model: Norm Reeves Honda ($32,289.20) for a Pilot EX, and Honda of Downtown Los Angeles ($30,892.00) for an Accord EX-L sedan.

If this purchase is approved, the existing units will be retired and sent to auction. The auction amount will be determined by vehicle and market conditions. The new vehicles will arrive in approximately 30 days.

CONCLUSION Staff recommends that the City Council split the award of Bid #916-13 to Norm Reeves Honda ($32,289.20) for the purchase of one Pilot EX (SUV), and Honda of Downtown Los Angeles ($30,892.00) for one Accord EX-L sedan.

Attachment: 1. Bid #916-13 Comparison for Honda Vehicles (2)

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Page 18 of 378 Attachment 1 - Bid #916-13 Honda Vehicles (2)

Vendor Pilot EX Accord Sedan 1. Norm Reeves Honda $32,289.20 $31,171.10 2. Honda of Downtown Los Angeles $32,565.25 $30,892.00 3. Fladeboe Automotive Group $32,955.09 $31,346.25

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TO: Honorable Mayor and Members of the City Council

THROUGH: David N. Carmany, City Manager

FROM: Jim Arndt, Public Works Director Bruce Moe, Finance Director Gwen Eng, General Services Manager

SUBJECT: Award of Bid for the Purchase of Seven Budgeted Ford F250 Replacement Trucks for the Public Works Department from Fairview Ford ($181,291.10) and Frontier Ford ($125,838.25). APPROVE

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RECOMMENDATION: Staff recommends that the City Council split the award of Bid #919-13 to Fairview Ford for the purchase of four Ford F250 trucks ($181,291.10), and to Frontier Ford for three compressed natural gas Ford F250 trucks ($125,838.25).

FISCAL IMPLICATIONS: Funds totaling $355,000 are budgeted in the fiscal year (FY) 2012-2013 Fleet Management Fund for the purchase and equipping of these trucks. The cost to purchase these vehicles is $307,129.35. Equipping the trucks with the customary equipment (fuel system receiver, radios, safety lighting, etc.) is $17,500, which will be provided by other suppliers separately from this purchase. The total cost of the vehicles including equipment is $324,629.35.

DISCUSSION: The FY 2012-2013 budget includes the replacement of 61 vehicles in the City’s fleet. The list includes a wide variety of vehicles and equipment that need to be replaced in order to maintain service levels, reduce repair costs and provide for cost-effective fleet operations. The list represents several “catch-up” years when the fleet was not actively replaced due to budget constraints. Where possible and practical, alternative fuel vehicles have been selected.

This purchase is for seven Ford F250 trucks for the Public Works Department, each with

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varying equipment levels and configurations. In keeping with the City’s efforts to purchase environmentally friendly vehicles where practical, three trucks are powered with compressed natural gas (CNG), which will be used by the Streets Division. The City has the ability to fuel CNG vehicles at the Public Works facility.

A total of nine bid responses were received. The bid comparison in Attachment 1 shows the aggregate price, including sales tax, payment discounts and other fees, for each of the models indicated. Based on these bids, staff recommends that the City Council split the award of Bid #919-13 to the lowest responsible bidder for each model: Fairview Ford ($181,291.10) for the purchase of four Ford F250 trucks and Frontier Ford ($125,838.25) for three CNG Ford F250 trucks. If this purchase is approved, the existing units will be retired and sent to auction. The new units will arrive in approximately 5-6 months.

Attachment: 1. Bid #919-13 Comparison for Ford Trucks (7)

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Page 22 of 378 Attachment 1 - Bid #919-13 Ford Trucks (7)

C. F250 XL SD D. F250 XL SD E. F250 XL SD A. F250 CNG (2) B. F250 SD CNG with crane (2) with gate Vendor [Streets] [Utilities-Electrical] [Streets-Irrigation] [Water] [Fleet] TOTAL 1. Frontier Ford $ 71,611.50 $ 49,165.88 $ 54,226.75 $ 81,203.50 $ 54,782.65 $ 125,838.25 2. Fairview Ford No Bid $ 48,182.39 No Bid $ 79,365.14 $ 53,743.57 $ 181,291.10 3. South Bay Ford $ 71,994.91 $ 50,262.73 $ 55,372.41 $ 83,910.31 $ 56,208.26 4. Fritts Ford $ 76,145.28 $ 49,911.13 $ 55,471.22 $ 82,676.56 $ 55,380.75 5. Raceway Ford $ 75,641.70 $ 50,117.14 $ 55,879.97 $ 82,739.78 $ 55,521.36 6. Villa Ford $ 73,185.97 $ 49,567.26 No Bid $ 82,788.87 $ 55,491.41 7. Fairway Ford No Bid $ 49,955.79 No Bid $ 84,001.94 $ 56,043.44 8. Ford of Orange $ 74,934.96 $ 50,376.35 $ 59,761.25 $ 83,624.44 $ 55,854.69 9. Theodore Robins Ford No Bid $ 49,594.18 No Bid $ 83,376.81 $ 55,730.87

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TO: Honorable Mayor and Members of the City Council

THROUGH: David N. Carmany, City Manager

FROM: Richard Gill, Parks & Recreation Director Bruce Moe, Finance Director Eve Kelso, Recreation Services Manager Gwen Eng, General Services Manager

SUBJECT: Purchase of One Replacement Dial-A-Ride Paratransit Vehicle from Hoglund Bus Company in the Amount of $69,240; Transfer of $75,000 from Unreserved Measure R Fund Balance to Proposition A Fund; Appropriate $75,000 from Proposition A Fund. APPROVE; TRANSFER; APPROPRIATE

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RECOMMENDATION: Staff recommends that the City Council: a) Waive formal bidding per Municipal Code Section 2.36.150 (cooperative purchasing); b) Authorize the City Manager to purchase one replacement Dial-A-Ride paratransit vehicle in the amount of $69,240 from Hoglund Bus Company; c) Approve a transfer of $75,000 from Unreserved Measure R Fund balance to the Proposition A Fund; d) Appropriate $75,000 from Proposition A in order to purchase and equip the vehicle.

FISCAL IMPLICATIONS: Funds totaling $65,000 were budgeted in the fiscal year (FY) 2012-2013 Fleet Management Fund to purchase and equip this vehicle. However, this allocation more appropriately should come from the Proposition A Fund which is the source of funding for Dial-A-Ride operations. As a result, staff is recommending that the City Council appropriate the necessary funds ($75,000) from Proposition A. However, existing service level coupled with flat revenues have caused the Proposition A Fund to be in a deficit position with no fund balance upon which to draw for this needed purchase. In fact, the FY 2012-2013 budget already includes a fund transfer of $70,092 from the Measure R Fund to support Proposition A activities including Dial-A-Ride operations.

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Measure R funding is the result of a countywide transportation sales tax measure approved by the voters in 2008. It can be used for such purposes as street maintenance and repairs. It can also be used for many of the same purposes for which Proposition A funds are utilized , including Dial-A-Ride services. As a result, and due to the shortfall of Proposition A funds, staff is recommending that Measure R funds be transferred to Proposition A to complete the purchase. The transfer is necessary so that expenditures for Dial-A-Ride are appropriately captured in the Proposition A Fund even if the source of funds is elsewhere.

Staff considered other funding sources, including exchanging with another city, General Fund monies for discounted Proposition A funds (a common, allowable practice); however, staff was not able to locate any agencies interested in such an exchange at this time . As a result, staff is recommending the use of Measure R funds for this purchase.

The total cost to purchase and equip this unit is $75,000; $69,240 for the vehicle and $5,760 for equipment. The current balance in the Measure R fund is $779,789. This transfer will reduce that amount to $704,789.

DISCUSSION: The FY 2012-2013 budget includes the replacement of 61 vehicles in the City’s fleet. The list includes a wide variety of vehicles that need to be replaced in order to maintain service levels, reduce repair costs and provide for cost-effective fleet operations. The list represents several “catch-up” years when the fleet was not actively replaced due to budget constraints. Where possible and practical, alternative fuel vehicles have been selected. For this requirement, there are no practical alternative fuel vehicles that meet our paratransit needs.

This recommended purchase is for one replacement Dial-A-Ride vehicle, an 8-passenger paratransit vehicle. The City maintains a fleet of three Dial-A-Ride buses and one van. Three units are typically in operation during peak periods. If a vehicle is in for scheduled maintenance, or for unscheduled repairs, service may be affected. This unit will replace the existing van.

The current unit, purchased in 2004, has accumulated over 120,000 miles. It is in need of a replacement wheelchair lift due to mechanical problems, and is no longer economically feasible to maintain due to age and mileage.

Staff reviewed the various models of small paratransit vehicles available in the market . This vehicle from the Hoglund Bus Company was selected based on the following criteria: side entry for wheelchair users, which is safer than rear; adequate seating capacity to meet ridership demands; a vehicle size suitable to navigate narrow streets and parking lots with weight and/or height restrictions; an effective layout that maximizes access, headroom and legroom for passengers; and local service facilities for repairs and warranty work.

Whenever practical, the City “piggybacks” onto contracts which are economically advantageous. Piggybacking is the extension of pricing, terms, and conditions to other governmental agencies at the mutual consent of all parties. This is permissible under the City’s Municipal Code, section 2.36.150. In this case, Hoglund Bus Company has offered the City pricing from the Minnesota Department of Transportation (MnDOT) Cooperative Purchasing Venture (CPV). MnDOT is a state transit agency that competitively solicits bids

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on a wide variety of transit vehicles. As the lead agency on the bid, MnDot, solicited bids and made multiple awards for accessible paratransit vehicles on behalf of 1,000 member agencies nationwide. The awards were based on varying models and specifications.

Hoglund Bus Company was the lowest bidder for the model specified by the City of Manhattan Beach. Because of the pricing and structure of the competitive bid and resulting contracts, staff believes that the MnDOT CPV pricing is the best attainable that meets the City’s needs. As a result staff recommends purchasing the paratransit vehicle from Hoglund Bus Company.

The original budgeted amount of $65,000 (incorrectly allocated in the Fleet Fund) is not sufficient to effect the purchase. That amount was based upon replacing the existing unit with the same make and model vehicle; however, that van is no longer available. In addition, a new seat belt law is in effect which reduces seating capacity in this size van , requiring a larger vehicle to obtain adequate seating capacity. These issues resulted in a total cost above the original budget (in the Fleet Fund) of $10,000 ($4,240 for the vehicle and $5,760 for graphics and back-up camera). In order to effect the purchase the required funds ($75,000) need to be transferred from Measure R (to Proposition A) and appropriated from Proposition A.

The requested vehicle was selected as the best solution for the City’s needs. Based on this available piggyback opportunity, staff recommends City Council authorize the City Manager to purchase one paratransit vehicle from Hoglund Bus Company in the amount of $69,240. If this purchase is approved, the existing unit will be retired and sent to auction. The new vehicle will arrive in approximately three months.

CONCLUSION Staff recommends that the City Council: a) Waive formal bidding per Municipal Code Section 2.36.150 (cooperative purchasing); b) Authorize the City Manager to purchase one replacement Dial-A-Ride paratransit vehicle in the amount of $69,240 from Hoglund Bus Company; c) Approve a transfer of $75,000 from Unreserved Measure R Fund balance to the Proposition A Fund; d) Appropriate $75,000 from Proposition A in order to purchase and equip the vehicle.

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Page 27 of 378 Page 28 of 378 Agenda Date: 4/2/2013

TO: Honorable Mayor and Members of the City Council

THROUGH: David N. Carmany, City Manager

FROM: Jim Arndt, Public Works Director Bruce Moe, Finance Director Gwen Eng, General Services Manager

SUBJECT: Purchase of One Budgeted Replacement Vac-Con Combination Sewer Truck for the Public Works Department from Atlantic Machinery, Inc. in the Amount of $381,304.89. APPROVE

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RECOMMENDATION: Staff recommends that the City Council: a) Waive formal bidding per Municipal Code Section 2.36.150 (cooperative purchasing); and b) Award an order to Atlantic Machinery, Inc. for one replacement Vac-Con Combination Sewer truck in the amount of $381,304.89.

FISCAL IMPLICATIONS: The Fiscal Year (FY) 2012-2013 budget anticipates the lease/purchase of this vehicle, with an estimated total cost (including vehicle and necessary equipment) of $418,000. Because it will be approximately four months before delivery will take place, staff will obtain bids on the lease/purchase financing and will return to the City Council prior to delivery with the costs and recommendation for award.

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This recommended purchase is for a replacement combination sewer truck (e.g. high pressure water jets and vacuum), which will be used by the Public Works Department for routine sewer and storm drain maintenance. There are 88 miles of sewer pipe in the City that are scheduled to be cleaned twice per year. Proper maintenance reduces the occurrence of sewer backups. The combination sewer truck is utilized daily by City crews to clean sewer pipes through the use of high pressure water streams which scour the inside of pipes, cuts roots and removes debris blockages.

The City’s storm water permit from the State Water Board requires that the City control the bacteria levels and trash levels at all storm system outfalls. The only method to meet this requirement is to clean the storm pipes of all debris and sediment that create bacteria and that convey trash to the ocean. This new unit will be used for this purpose. There are 14.25 miles of storm drain pipe in the City, which will be placed on a maintenance schedule consistent with National Pollution Discharge Elimination System (NPDES) requirements.

The current unit, purchased in 2005, has worn to the point that the pressurized holding tank has deteriorated and requires replacement, and the suction ability is less than its peak efficiency. In addition, the truck’s engine requires constant maintenance and repairs, and is no longer economically feasible to maintain.

Staff reviewed the various models of combination sewer trucks available in the market . Vac-con was selected based on the following criteria: dual engines, which allow independent and simultaneous operation of the truck’s jetter and vacuum systems; high pressure pump, which easily cuts through grease clogs; centrifugal compressor, which allows vacuuming under water without special attachments; telescoping boom, which offers a long reach, necessary when the vehicle cannot park directly adjacent to the sewer access point; and articulating hose reel, which allows for service entry points in sidewalks, street islands and easements. These features offer less wear and tear on the major components, increase production and provides easier truck placement necessary for the City’s narrow streets . Whenever practical, the City “piggybacks” onto contracts which are economically advantageous. Piggybacking is the extension of pricing, terms, and conditions to other governmental agencies at the mutual consent of all parties. This is permissible under the City’s Municipal Code, section 2.36.150In this case, Atlantic Machinery, Inc. has offered the City pricing from a competitively bid contract from the National Joint Powers Alliance (NJPA). NJPA is a public agency service cooperative with over 50,000 members throughout the nation. This cooperative solicited bids and made multiple awards for combination sewer trucks. The awards were based on varying models and specifications, with the agreement that the vendors awarded contracts may not offer lower pricing to other agencies than the stated contract amounts. Atlantic Machinery, Inc. was the lowest bidder form the model specified by the City of Manhattan Beach. Because of the pricing and structure of the competitive bid and resulting contracts, staff believes that the NJPA pricing is the best attainable that meets the City’s needs, and that independently bidding the requirement would not result in lower pricing. As a result, staff recommends purchasing the Combination Sewer truck from Atlantic Machinery, Inc. Based on this available piggyback opportunity, staff recommends City Council award an order to Atlantic Machinery, Inc. in the amount of $381,304.89 for the purchase of one combination sewer truck. If this purchase is approved, the existing unit will be retired and

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sent to auction. The new vehicle will be placed into service in approximately four months. Staff will obtain bids on the lease/purchase financing and will return to the City Council prior to delivery with the costs and recommendation for award.

CONCLUSION: Staff recommends that the City Council: a) Waive formal bidding per Municipal Code Section 2.36.150 (cooperative purchasing); and b) Award an order to Atlantic Machinery, Inc. for one replacement Vac-Con Combination Sewer truck in the amount of $381,304.89.

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Page 31 of 378 Page 32 of 378 Agenda Date: 4/2/2013

TO: Honorable Mayor and Members of the City Council

THROUGH: David N. Carmany, City Manager

FROM: FROM: Bruce Moe, Finance Director Henry Mitzner, Controller

SUBJECT: Resolution Ordering Plans, Specifications, Cost Estimates and Engineer’s Report for Annual Street Lighting Assessments ADOPT RESOLUTION NO. 13-0013

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RECOMMENDATION: Staff recommends that the City Council adopt Resolution No. 13-0013, ordering the preparation of plans, specifications, cost estimates and the engineer’s report pursuant to the Landscaping and Lighting Act of 1972 for the annual renewal of the Landscaping and Lighting District for fiscal year (FY) 2013-2014.

FISCAL IMPLICATIONS: The assessment engineering cost for the Landscaping and Lighting District is $7,000 and is budgeted in the Public Works department.

It is important to note that because assessments have been fixed for many years, and costs continue to rise and exceed the revenue generated by the assessments, the Street Lighting and Landscape Fund has depleted its fund balance. As a result, the General Fund subsidizes the fund. The projected subsidy in the current fiscal year (2012-2013) is $195,555. A Proposition 218 vote is required to raise the assessments.

BACKGROUND: The City provides for the operations and maintenance of Street Lighting and the Downtown Streetscape via the Street Lighting and Landscaping Assessment District. The District, which was formed pursuant to the Landscaping and Lighting Act of 1972, is comprised of separate street lighting districts for the majority of the City, and the lighting and landscaping services provided for the Downtown.

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Page 33 of 378 File Number: RES 13-0013

DISCUSSION: The District must be renewed annually through a series of City Council resolutions, culminating with a public hearing. The public hearing and adoption of a final resolution are scheduled for the July 2, 2013 City Council meeting.

In order to renew the districts, an assessment engineer must review and develop the benefit assessments for each parcel. Those assessments are based on the proposed budget for the upcoming fiscal year commencing July 1. For FY 2013-2014, the preliminary total assessment remains unchanged at $379,000 (the assessments cannot be increased without a Proposition 218 vote). Based on preliminary analysis, the annual subsidy provided by the General Fund to the Street Lighting in fiscal year 2013-2014 will be the same as estimated in the fiscal year 2012-2013 adopted budget, $195,555. The FY 2013-2014 opening fund balance of the Street Lighting Fund will be $-0- and a General Fund subsidy is required to match the excess of expenditures over revenues.

CONCLUSION: The first step in this annual process is for City Council to adopt a resolution which authorizes the preparation of an Engineer’s Report for the District. On May 7, 2013, the report will be submitted to City Council, along with a Resolution of Intention, which authorizes proceedings for the annual levy and collection of assessments. Finally, on July 2, 2013, a public hearing will be conducted at which time City Council will consider adoption of a resolution providing for the levy and collection of street lighting assessments for FY 2013-2014, which will then appear on the consolidated property tax bills issued in Fall 2013.

Attachment: 1. Resolution No. 13-0013 2. Lighting and Landscape Assessment Districts Map

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Page 34 of 378 Page 35 of 378 Page 36 of 378 Page 37 of 378 Page 38 of 378 Agenda Date: 4/2/2013

TO: Honorable Mayor and Members of the City Council

THROUGH: David N. Carmany, City Manager

FROM: Bruce Moe, Finance Director

SUBJECT: Financial Reports: a) Schedule of Demands: March 12, 2013. RATIFY b) Payroll Register: March 14, 2013. RATIFY c) Investment Portfolio for the Month Ending February 28, 2013. RECEIVE AND FILE d) Financial Reports for the Month Ending February 28, 2013. RECEIVE AND FILE

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RECOMMENDATION: Staff recommends that the City Council ratify the attached schedules of demands, and receive and file these reports.

FISCAL IMPLICATIONS: The financial reports included herein are designed to communicate fiscal activity based upon adopted and approved budget appropriations. No further action of a fiscal nature is requested as part of this report.

The value of the warrant register for the March 12, 2013, check run is $627,297.82. The value of the payroll register, including payroll related disbursements, for the March 14, 2013, check run is $1,318,553.76.

BACKGROUND: Finance staff prepares a variety of financial reports for City Council and Finance Subcommittee. A brief discussion of the enclosed reports follows.

DISCUSSION:

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Ratification of Demands: Every two weeks staff prepares a comprehensive listing of all disbursements (warrant and payroll registers) with staff certification that the expenditure transactions listed have been reviewed and are within budgeted appropriations. Staff recommends that the City Council ratify the attached schedules of demands.

Investment Portfolio: Detailed investment reports are provided to the Finance Subcommittee with summary reporting to City Council. The month end portfolio includes a certification by the Finance Director that all investments comply with established Financial Policies (or with Finance Subcommittee approved exceptions) and provide sufficient liquidity to support projected expenditures.

Please note that while the percentage of the investment portfolio deposited in LAIF (52.18%) exceeds the policy maximum of 50%, the Finance Subcommittee approved the extension of a temporary policy waiver until December 31, 2013. The waiver to the 50% limitation accommodates additional liquidity while investment decisions are determined in the current volatile market conditions.

Financial Reports: This package includes summary level financial reports for the month ending February 28, 2013. These reports mark the eighth month of Fiscal Year 2012-2013 and reflect the annual budget adopted by City Council.

These reports provide monthly and year-to-date activity for all funds and departments presenting a snapshot of budget performance. A report highlighting the performance of key revenue sources is also included.

CONCLUSION: Staff recommends that the City Council ratify the attached schedules of demands, and receive and file these reports.

Attachments: 1. Warrant Register for March 12, 2013 2. Payroll Register for March 14, 2013 3. Investment Portfolio for the Month Ending February 28, 2013 4. Financial Reports for the Month Ending February 28, 2013

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Page 40 of 378 Page 41 of 378 Page 42 of 378 Page 43 of 378 Page 44 of 378 Page 45 of 378 Page 46 of 378 Page 47 of 378 Page 48 of 378 Page 49 of 378 Page 50 of 378 Page 51 of 378 Page 52 of 378 Page 53 of 378 Page 54 of 378 Page 55 of 378 Page 56 of 378 Page 57 of 378 Page 58 of 378 Page 59 of 378 Page 60 of 378 Page 61 of 378 Page 62 of 378 Page 63 of 378 Page 64 of 378 Page 65 of 378 Page 66 of 378 Page 67 of 378 Page 68 of 378 Page 69 of 378 Page 70 of 378 Page 71 of 378 Page 72 of 378 Page 73 of 378 City of Manhattan Beach

Month End Financial Reports February 2013 Fiscal Year 2012-2013

Page 74 of 378 Data Date 3/21/2013 City of Manhattan Beach Percent Year 66.67 Month End Financial Report General Fund Expenditures By Department Fiscal Year 2013 Month February Period 8 Annual Current YTD YTD Available Percent Budget Month Expend. Encumb. Budget Utilized Department Name

59.76 11 Management Services 2,481,473 215,093 1,482,817 0 998,655

64.48 12 Finance 2,680,888 208,817 1,718,985 9,700 952,203

63.49 13 Human Resources 897,705 54,916 538,107 31,818 327,781

56.34 14 Parks and Recreation 6,060,182 299,314 3,397,288 16,735 2,646,159

65.92 15 Police 22,732,854 1,635,175 14,979,734 6,210 7,746,910

67.39 16 Fire 10,516,034 795,277 7,032,932 54,343 3,428,759

60.55 17 Community Development 3,558,905 228,201 2,015,113 139,772 1,404,020

64.05 18 Public Works 6,994,742 496,416 4,430,468 49,916 2,514,358

100 General Fund 55,922,783 3,933,209 35,595,445 308,493 20,018,845 64.20

F:\FinanceApps\Eden Serina\Council Monthend Reports\05 Expenditure General Fund Dept Summary.rpt

Page 75 of 378 City of Manhattan Beach % of Year Fiscal Year 2013 Statement of Revenues & Expenditures 66.667% February 28, 2013

Current Year Activity

Fund Title Fund Budgeted YTD % Budgeted YTD % No. Revenue Revenues Realized Expenditures Expenditures Expended General Fund 100 $53,306,230 $33,217,230 62.31% $55,922,783 $35,595,445 63.65% Street Lighting & Landscaping Fund 201 398,844 236,274 59.24% 597,899 367,752 61.51% Gas Tax Fund 205 1,487,617 558,275 37.53% 4,152,075 784,247 18.89% Asset Forfeiture 210 18,862 19,255 102.08% 275,698 82,866 30.06% Police Safety Grants 211 1,502 77,250 5143.13% 168,957 137,258 81.24% Federal & State Grants 220 - - n/a - - n/a Prop A Fund 230 552,201 383,916 69.52% 750,874 458,368 61.04% Prop C Fund 231 8,554,416 339,628 3.97% 10,517,694 107,158 1.02% AB 2766 Fund 232 44,915 21,974 48.92% 373,806 5,632 1.51% Measure R 233 295,131 205,180 69.52% - - n/a Capital Improvements Fund 401 2,459,845 1,739,672 70.72% 7,640,811 1,202,686 15.74% Underground Assessment District Construction 403 219 887 404.89% - - n/a Water Fund 501 14,874,414 9,866,446 66.33% 18,511,215 8,555,635 46.22% Storm Drain Fund 502 359,350 196,259 54.62% 1,358,105 520,454 38.32% Wastewater Fund 503 3,377,186 2,242,462 66.40% 6,952,405 3,136,201 45.11% Refuse Fund 510 4,566,324 2,974,725 65.14% 4,495,444 2,446,666 54.43% Parking Fund 520 2,357,884 1,467,775 62.25% 13,116,434 11,775,109 89.77% County Parking Lots Fund 521 531,000 438,881 82.65% 457,627 116,186 25.39% State Pier & Parking Lot Fund 522 500,363 333,317 66.61% 1,570,589 378,768 24.12% Insurance Reserve Fund 601 4,541,130 3,081,857 67.87% 4,605,986 3,273,120 71.06% Information Systems Reserve Fund 605 1,506,483 812,128 53.91% 1,705,890 733,744 43.01% Fleet Management Fund 610 3,077,925 1,337,603 43.46% 6,045,754 1,237,816 20.47% Building Maintenance & Operation Fund 615 1,550,806 868,991 56.03% 1,554,344 868,340 55.87% Special Assessment Debt Service 710 968,248 644,547 66.57% 962,612 962,033 99.94% City Pension Fund 801 139,150 8,371 6.02% 189,000 131,152 69.39% $105,470,045 $61,072,902 57.91% $141,926,000 $72,876,634 51.35%

3/21/2013 2:24 PM

Page 76 of 378 City of Manhattan Beach Percent of Year Fiscal Year 2013 General Fund Major Revenue Trends 66.67% February 28, 2013

. ------2013------3 4 5 6 7 8 Adjusted Major Revenue Accounts Fund Year-To-Date Actuals Budgeted No. 2008 2009 2010 2011 2012 2013 Revenue Realized Property Taxes 100 10,385,469 11,173,568 11,249,282 11,044,173 11,294,848 12,312,875 20,270,305 60.74% Sales & Use Tax 100 5,177,335 5,177,559 4,472,883 5,236,511 5,593,981 5,837,188 8,756,000 66.67% Franchise Tax 100 481,236 399,585 532,752 581,563 615,219 665,103 1,290,000 51.56% Hotel Tax 100 2,287,538 2,159,493 1,816,166 1,849,456 1,805,149 2,217,251 2,864,820 77.40% Business License Tax 100 345,481 287,045 374,586 516,095 723,382 697,487 2,844,000 24.52% Real Estate Transfer Tax 100 403,688 225,460 232,362 242,001 312,926 372,957 525,000 71.04% Building Permits 100 576,463 452,599 467,546 527,898 517,793 544,843 880,000 61.91% Parking Citations 100 1,184,902 1,353,381 1,670,583 1,715,757 1,826,119 1,500,790 2,703,000 55.52% Interest Earnings 100 1,162,035 1,172,962 327,484 327,949 324,081 382,706 550,000 69.58% Marriott Hotel Rent 100 911,966 871,086 680,662 696,831 576,182 827,157 974,000 84.92% Vehicle in Lieu 100 117,801 76,583 63,246 80,265 95,915 18,887 - - Building Plan Check Fees 100 499,122 399,654 356,687 504,762 621,694 663,186 990,000 66.99% Total Major Revenue Accounts 23,533,036 23,748,977 22,244,239 23,323,263 24,307,287 26,040,429 42,647,125 61.06% Over/(Under) Prior Year 215,942 (1,504,738) 1,079,023 984,025 1,733,142 Percent Change From Prior Year 0.92% (6.34%) 4.85% 4.22% 7.13%

Other Revenues 6,786,502 6,528,812 6,825,931 7,426,305 7,995,178 7,176,801 10,659,105 67.33% Total General Fund Revenues 30,319,537 30,277,789 29,070,170 30,749,567 32,302,465 33,217,230 53,306,230 62.31%

General Fund Major Revenue Sources Fiscal Year 2013 February 28, 2013 Fiscal Year 2012

Property Taxes

Sales & Use Tax

Franchise Tax

Hotel Tax

Business License Tax

Real Estate Transfer Tax

Building Permits

Parking Citations

Interest Earnings

Marriott Hotel Rent

Vehicle in Lieu

Building Plan Check Fees

$0 $2,500,000 $5,000,000 $7,500,000 $10,000,000 $12,500,000

Page 77 of 378 Page 78 of 378 Agenda Date: 4/2/2013

TO: Honorable Mayor and Members of the City Council

THROUGH: David N. Carmany, City Manager

FROM: Richard Gill, Parks and Recreation Director

SUBJECT: Introduction of Ordinance No. 13-0002 amending the City’s Municipal Code regarding banners and decorations in the Public Right Of Way and adoption of banner policy . a) WAIVE FURTHER READING b) INTRODUCE

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RECOMMENDATION: Staff recommends that City Council introduce Ordinance No. 13-0002 amending the Manhattan Beach Municipal Code regarding banners and decorations in the public right of way, and adopt the attached policy.

FISCAL IMPLICATIONS: There is no fiscal impact on the City’s General Fund associated with the proposed ordinance and policy. All costs for the hanging of banners for non-City sponsored events are fully paid for by the organizations that are hanging the banners.

BACKGROUND: In 1963, the City adopted Municipal Code Chapter 9.60 to regulate the placement of banners and other items in the City’s public right of way. The Chapter was amended several times with the last modification occurring in 1988. Chapter 9.60 (Attachment 1) states that it is unlawful to place or affix a banner in the City’s public right of way without obtaining a permit from the City Manager or his designee. The Chapter states that permits will only be issued to “non-profit organizations for the purpose of publicizing non-commercial ventures and events or commercial events of an area-wide or general community interest for the benefit of organizations or citizens of the City of Manhattan Beach (such as Hometown Fair, Downtown Business Association or North End Sales).”

Attachment 2 lists the City sponsored and outside organizations that hung banners in the City public right of way during 2012.

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DISCUSSION: Banners placed on street poles are an important medium for providing notice to Manhattan Beach residents, as well as those who work in and visit Manhattan Beach, about City-sponsored events, area-wide business promotional events, and recreational activities open to the public.

The City does not intend to create public fora on street poles or in the public right of way. The public right of way is not a traditional public forum and the City has never intended to open this property to use by others for communicative purposes. The proposed ordinance (Attachment 3) and policy (Attachment 5) will govern the type of privately-owned banners and decorations that may be affixed to street poles and displayed in the public right of way and the manner in which such items may be affixed. The ordinance and policy have been drafted to allow for banners that promote City-sponsored or co-sponsored events, community-wide economic development events, and community-wide recreational activities. Encouraging the physical well-being of City residents is a significant component of the City’s efforts to comply with the objectives and goals of the Vitality City initiative.

The proposed ordinance both updates the Chapter and expands the Chapter to allow pole banners. Since the original Ordinance was written in 1963 and amended in 1988, there have been changes regarding how municipalities regulate banners. The attached Ordinance and policy clarify the City’s rules for hanging banners in the City’s public right of way . Adopting these implementing administrative regulations will ensure that the City’s regulations are applied in a viewpoint-neutral manner and that the posting of banners and decorations will not result in signage clutter that distracts drivers or has a negative aesthetic impact.

The attached legislative digest (Attachment 4) shows the proposed amendment to Chapter 9.60.

CONCLUSION: Staff recommends that City Council introduce Ordinance No. 13-0002 and adopt the attached policy.

Attachments: 1. Existing Manhattan Beach Municipal Code 9.60 2. Banner List of City Sponsored and Outside Organizations 2012 3. Proposed Ordinance No. 13-0002 4. Legislative Digest 5. Proposed Banner Policy

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Page 80 of 378 Page 81 of 378 Page 82 of 378 Page 83 of 378 BANNER LIST OF CITY SPONSORED AND OUTSIDE ORGANIZATIONS 2012

Customer Month American Martyrs 10K January American Martyrs Fair October American Martyrs Home Tours April Catalina Classic August Downtown Business Sidewalk Sales January Downtown Sidewalk Sale April Downtown Sidewalk Sale August Farmers Market May Grand View Gator Run May Growing Great May Hometown Fair October Jewish Community Center High Holiday Activities August/Sept. Jimmy Miller Foundation Volleyball Tournament October Meadows Camp Expo PTA Summer Camp Info March Montessori Carnival May No. End Business Summer Stroll July Pancreatic Cancer Walk June Richstone Pier to Pier Walk April Sandpipers Home Tours April & November Skechers Friendship Walk October Temple Shalom High Holiday Activities September Tikvat Jacob High Holiday Activities September Vistamar – Open House October Vitality Cities – BCHD April Walk with Sally June

CITY BANNERS

City Activity Registration Composting (Anna Luke) Earth Day Health Fair Holiday Pier Lighting/Open House Landscape Check Up MB Open Volleyball Municipal Water District (Anna Luke) Pumpkin Races Surf Festival Tennis Tournament Waste Management: Composting

Page 84 of 378

ORDINANCE NO. 13-0002

AN ORDINANCE OF THE CITY OF MANHATTAN BEACH REGARDING BANNERS AND DECORATIONS IN THE PUBLIC RIGHT-OF-WAY, AND AMENDING CHAPTER 9.60 OF THE MANHATTAN BEACH MUNICIPAL CODE

THE MANHATTAN BEACH CITY COUNCIL HEREBY ORDAINS AS FOLLOWS:

Section 1. The City Council hereby amends Chapter 9.60 of Title 9 of the Manhattan Beach Municipal Code in its entirety to read as follows:

“Chapter 9.60 - BANNERS IN THE PUBLIC RIGHT-OF-WAY

9.60.010 - Permit required to place decorations or banners in the public right-of- way.

It shall be unlawful for any person to hang or suspend any banner, flag, pennant, or decoration (hereinafter collectively “Banner”) over any street or other portion of the public right-of-way, or cause the same to be done, without first obtaining a permit from the City Manager or the City Manager’s designee. Banner permits shall be issued only for the purpose of publicizing City-sponsored events, area-wide business promotional events, and recreational activities open to the public.

9.60.020 - Application for permit.

Any organization desiring a permit shall file an application with the City’s Department of Parks and Recreation. Such application shall include all the information required by the City pursuant to its banner policy, as it currently exists or may be amended in the future. The application shall be signed by the applicant and shall contain a statement that the applicant agrees to conform to and obey all of the provisions of this chapter and all regulations and policies of the Council relative to the installation of Banners in the public right-of-way.

9.60.030 - Permit fees.

The schedule of fees for permits issued pursuant to the provisions of this Chapter shall be established by resolution of the Council.

9.60.040 - Granting or denial of permit.

The application shall be presented to the City Manager or designee. If the application complies with the provisions of this chapter and the City’s related regulations and policies, the application shall be granted subject to such conditions that may be necessary to preserve the public health, safety, and welfare. Such decision shall be

Page 85 of 378

subject to appeal to the City Council. Upon approval of an application, a permit shall be issued by the City Manager or designee.

9.60.050 - Insurance and indemnity.

Any person receiving a permit pursuant to this chapter shall indemnify the City and provide all necessary insurance, as deemed appropriate by the City’s Risk Manager.

9.60.060 - Permittee to comply with all laws.

The permit authorized by the provisions of this chapter shall be in addition to all permits required by the City. Each Banner authorized by the permit shall be subject to the inspection of the Chief Building Inspector and the Parks and Recreation Director and shall conform to all requirements of the Building Code, Sign Code, and other codes, laws, policies, and regulations relating to decorations, banners, and signs.

9.60.070 - Suspension and revocation of permit.

A. Cause. In the event any person holding a Banner permit violates any condition of the permit, any provision of this chapter, or any of the City’s policies and regulations, the Parks and Recreation Director may suspend or revoke such permit. If such a permit is revoked, the City Manager or designee may refuse to grant a future permit for a Banner to such person.

B. Notice to abate and remove. Upon the termination, suspension, or revocation of such permit, the permittee shall, upon demand of the City, remove the Banner and any related cables or cable attachments. In the event the permittee fails to remove the Banner, any cables and cable attachments, or portions thereof, the City may remove such items, and the permittee shall reimburse the City for its costs of removal.

C. Appeal. The permittee may appeal a decision to suspend or revoke a permit to the City Manager by filing a notice of appeal to the City Clerk within 10 days of the decision. The City Manager shall conduct a hearing on the appeal and render a decision within 10 days of the date the appeal has been duly filed with the City Clerk. The City Manager’s decision is final.”

Section 2. CEQA Finding. The City Council hereby finds that it can be seen with certainty that there is no possibility that the adoption of this Ordinance will have a significant effect on the environment. It is therefore exempt from California Environmental Quality Act review pursuant to 14 California Code of Regulations Section 15061(b)(3).

Section 3. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this

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Ordinance, or its application to any other person or circumstance. The City Council declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.

Section 4. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause this Ordinance to be published within 15 days after its passage, in accordance with Section 36933 of the Government Code.

Section 5. This Ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the 31st day after its passage.

PASSED, APPROVED AND ADOPTED this _____ of ______, 2013.

AYES: NOES: ABSENT: ABSTAIN:

Mayor

ATTEST:

LIZA TAMURA City Clerk

APPROVED AS TO FORM:

QUINN M. BARROW City Attorney

Page 87 of 378

LEGISLATIVE DIGEST

ORDINANCE REGARDING BANNERS AND DECORATIONS IN THE PUBLIC RIGHT OF WAY

(Additions are shown in double underline; deletions are shown in strikeout)

Section 1. Municipal Code Chapter 9.60 is amended as follows:

“Chapter 9.60 - BANNERS IN THE PUBLIC RIGHT-OF-WAY

9.60.010 - Permit required to suspendplace decorations or banners overin the public right-of-way.

It shall be unlawful for any person to hang, sustain, or suspend any street banner, flag, pennant, or street decoration (hereinafter collectively “Banner”) over and above any street or other portion of the public thoroughfareright-of-way, or cause the same to be done, without first obtaining a permit in writing from the City Manager or his designated representative so to do; provided, however, such street banner, flag, pennant, or street decoration shall be safely sustained not less than twenty (20′) feet above such public thoroughfare, and provided, further, that the advertising made upon such signs shall not contain the name or designation of any individual, firm, or corporation as an advertisement for private gain, and provided, further, that such sign shall be dated in legible letters and shall not remain in place for a period longer than thirty (30) days from the date of the permit given by the City Manager or his designated representative. Permitsthe City Manager’s designee. Banner permits shall be issued only to non-profit organizations for the purpose of publicizing non-commercial ventures and events or commercial events of an area-wide or general community interest for the benefit of organizations or citizens of the City of Manhattan Beach (such as the City Fair or Downtown, Boulevard, or North End sales)City-sponsored events, area- wide business promotional events, and recreational activities open to the public.

9.60.020 - Application for permit.

Any non-profit organization desiring a permit as required pursuant to the provisions of Section 9.60.010 of this chapter shall file an application with the City’s Department of Public Works. Such application shall set forth the name and address of the applicant, the description of the location and area of the proposed installation or suspension, and a statement of the purpose for which such installation or suspension is to be

Page 88 of 378

maintained.Parks and Recreation. Such application shall include all the information required by the City pursuant to its banner policy, as it currently exists or may be amended in the future. The application shall be signed by the applicant and shall contain a statement that the applicant agrees to conform to and obey all of the provisions of this chapter and all regulations and policies of the Council relative to the installation of such devices. Said application shall also contain a certification by the applicant that no individual personal or corporate profit shall result from the banner publicity other than as a participating merchant in an area-wide sale or general community eventBanners in the public right-of-way.

9.60.030 - Permit fees.

The schedule of fees for permits issued pursuant to the provisions of this Chapter shall be established by resolution of the Council under separate resolution.

9.60.040 - Granting or denial of permit.

The application shall be presented to the City Manager or his designated representative for consideration. The City Manager or his designated representative may take such application under advisement pending its consideration thereof and may grantdesignee. If the application complies with the provisions of this chapter and the City’s related regulations and policies, the application shall be granted subject to such conditions as considered appropriate or refuse to grant any such permit. Saidthat may be necessary to preserve the public health, safety, and welfare. Such decision shall be subject to appeal to the City Council. When the Upon approval of an application shall have been approved by the City Manager or his designated representative, the, a permit shall be issued jointly by the Chief Building Inspector and the Public Works Directorby the City Manager or designee.

9.60.050 - Insurance.– Insurance and Indemnity.

The permittee shall assume the defense of, and indemnify and save harmless, the City and the Council and each member of the Council and their officers and agents from any suits, claims, or losses of any kind brought by any persons for or on account of any injuries or damages arising out of or which may be attributable to or in any manner connected with, the installation, replacement, repair, or maintenance of cables or other devices and the installation and maintenance of such banners, flags, pennants, or street decorations pursuant to the permit required or from the negligence of the permittee or his agents in the performance of such permit. The permittee shall obtain

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and, at all times during the life of the permit, have and maintain in full force and effect public liability and property damage insurance with the following limits of liability: A. One Hundred Thousand and no/l00ths ($100,000.00) Dollars for death or bodily injury or loss sustained by one person in any one occurrence; B. Three Hundred Thousand and no/l00ths ($300,000.00) Dollars for death or bodily injury sustained by more than one person in any one occurrence; and C. Fifty Thousand and no/l00ths ($50.000.00) Dollars for loss occasioned by damage or injury to property in any one occurrence. The insurance policy shall contain either a broad form of contractual liability, including permits, or it shall have attached thereto an endorsement providing for the coverage required pursuant to the provisions of this section. Policies shall be approved as to form and carrier by the City Attorney. Duplicate policies or other proof of coverage satisfactory to the City Attorney shall at all times be filed with the City Clerk during the effective date or dates of the permit required. Any person receiving a permit pursuant to this chapter shall indemnify the City and provide all necessary insurance, as deemed appropriate by the City’s Risk Manager.

9.60.060 - Permittee to comply with all laws.

The permit authorized by the provisions of this chapter shall be in addition to all permits required by any other law of the City, and all such devices. Each Banner authorized by the permit shall be subject to the inspection of the Chief Building Inspector and the Public WorksParks and Recreation Director and shall conform to all requirements of the Building Code, Sign Code, and other codes or, laws or, policies, and regulations relating to the necessary installations incident theretodecorations, banners, and signs.

9.60.070 - Suspension and revocation of permit.

A. Cause. In the event any person holding a permit to hang, sustain, or suspend any street banner, flag, pennant, or street decoration over and above any street or other public thoroughfare in the City shall violate any condition of such permit, orBanner permit violates any condition of the permit, any provisionsprovision of this chapter, the City Manager or his designated representative, in their discretion, may suspend for a stated periodor any of the City’s policies and regulations, the Parks and Recreation Director may suspend or revoke such permit issued to such person. If thesuch a permit shall beis revoked, the City Manager or his designated representative, in their discretion, may thereafterdesignee may refuse to grant a future permit for a Banner to such person a permit for such person in the City.

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B. Hearing required. No permit shall be suspended or revoked until a hearing shall have been held by the City Manager or his designated representative in the matter of the revocation of such permit upon not less than ten (10) days written notice to the applicant or permittee. C. Nontransferable. The permittee shall not assign his permit, or any interest thereto, without first obtaining the written consent of the City Manager or his designated representative, nor shall such permit, or any interest therein, be transferred by operation of law. Any such assignment or transfer shall be void and shall confer no right of occupancy upon the assignee or transferee. In the event the permittee shall be adjudicated a bankrupt or become insolvent, or in the event possession of any interest in such permit shall be taken by virtue of any writ, the City Manager or his designated representative may terminate such permit. D. Notice to abate and remove. Upon the termination, suspension, or revocation of such permit, the permittee shall, upon demand of the City, remove the Banner and any related cables andor cable attachments. Upon revocation of the permit with respect to specific cable locations, the permittee shall, upon demand of the City, remove such cable and attachments from such specific locations. In the event the permittee shall fails to remove the Banner, any cables and cable attachments, or portions thereof, upon demand of the City, the City may remove such cables and cable attachmentsitems, and the permittee shall reimburse the City for its costs of removal. C. Appeal. The permittee may appeal a decision to suspend or revoke a permit to the City Manager by filing a notice of appeal to the City Clerk within 10 days of the decision. The City Manager shall conduct a hearing on the appeal and render a decision within 10 days of the date the appeal has been duly filed with the City Clerk. The City Manager’s decision is final.

Page 91 of 378 CITY OF MANHATTAN BEACH POLICY REGARDING BANNERS AND DECORATIONS IN THE PUBLIC RIGHT-OF-WAY

The City of Manhattan Beach owns certain property, such as street light poles and other poles located in the public right-of-way from which the City and others may hang decorations, flags, pennants, or banners promoting special events.

Banners placed on street poles are an important medium for providing notice to Manhattan Beach residents, as well as those who work in and visit Manhattan Beach, about City-sponsored events, area-wide business promotional events, and recreational activities open to the public.

By adopting this policy, the City does not intend to create public fora on street poles or in the public right-of-way. The public right-of-way is not a traditional public forum and the City has never intended to open this property to use by others for communicative purposes. The street poles and public right-of- way are not designated public fora. As a consequence, the street poles and public right-of-way are non-public fora.

The City wishes to establish a policy that governs the type of privately- owned banners and decorations that may be affixed to street poles and displayed in the public right-of-way and the manner in which such items may be affixed. The purpose of these administrative regulations is to implement Chapter 9.60 of the Manhattan Beach Municipal Code, which prohibits the posting of any banner, flag, pennant, or decoration over any street or other portion of the public right-of- way without a City permit. Adopting these implementing administrative regulations will ensure that the provisions of Chapter 9.60 are applied in a viewpoint-neutral manner and that posting of banners and decorations will not result in signage clutter that distracts drivers or has a negative aesthetic impact. This policy does not apply to City-owned banners or decorations.

Except as provided in this policy, no privately-owned banner shall be affixed to a street pole or over or in the public right-of-way. Nothing in this policy exempts a person from obtaining City approval before installing banners or decorations over or in the public right-of-way.

Permit Requirements and Regulations

Application and Permit

Pursuant to Chapter 9.60 of the Manhattan Beach Municipal Code, it is unlawful for any person to hang or suspend any banner, flag, pennant, or decoration (hereinafter collectively “Banner”) over any street or other portion of the public

12100-0001\1491885v2.doc - 1 -

Page 92 of 378 right-of-way, or cause the same to be done, without first applying for, and obtaining a permit from the City Manager or City Manager’s designee.

A permit application shall set forth the name and address of the applicant, the description of the location and area of the proposed installation or suspension, a description of the event that is the subject of the Banner, and a photographic copy of the proposed Banner.

Regulations

1. No banner or decoration shall be hung from a street tree.

2. No banner or decoration shall be hung from any street pole unless that pole has been specifically designed or equipped to accommodate such banners or decorations.

3. Material, location and dimensions of banners shall be subject to the review and approval of the City.

4. No decorative flags or any other moving objects may be attached to the ties or cords used to secure banners hung over a street.

5. Banners advertising an event shall be hung no earlier than 14 days before the event and shall be removed within one business day after the event. If any banner is not removed within this time frame, City personnel shall remove the banner and the owner of the banner shall be billed for the City’s costs associated with such removal.

6. Banners shall be removed if they become torn, tattered, faded or are otherwise not maintained in a first-class condition.

7. All banners shall be affixed in accordance with safety requirements established by the City.

8. The City shall limit its review and approval of banners to whether the banners meet the criteria of Municipal Code Chapter 9.60 and this policy and whether the posting of the banner would conflict with the scheduled posting of any other banner. The City shall render its decision within 10 days after an application for a banner has been filed.

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Page 93 of 378 Page 94 of 378 Agenda Date: 4/2/2013

TO: Honorable Mayor and Members of the City Council

THROUGH: David N. Carmany, City Manager

FROM: Liza Tamura, City Clerk Terri Aliabadi, Senior Deputy City Clerk

SUBJECT: Minutes This item contains minutes of City Council meetings which are presented for approval and minutes from City Council subcommittees and from other City commissions and committees which are presented to be received and filed by the City Council. Staff recommends that the City Council, by motion, take action to approve the minutes of the: a) City Council Closed Session Minutes of March 6, 2013. APPROVE b) City Council Minutes of March 6, 2013. APPROVE c) Draft Finance Subcommittee Minutes of March 15, 2013. RECEIVE AND FILE d) Planning Commission Meeting of March 27, 2013. RECEIVE AND FILE

______

RECOMMENDATION: Staff recommends that the City Council, by motion, take action to approve the minutes of the City Council and receive and file the minutes of the City Council subcommittees, City commissions, and other committees.

Attachments: 1. City Council Closed Session Minutes of March 6, 2013. 2. City Council Minutes of March 6, 2013. 3. Draft Finance Subcommittee Minutes of March 15, 2013. 4. Planning Commission Meeting of March 27, 2013.

City of Manhattan Beach Page 1 Printed on 3/29/2013

Page 95 of 378 Page 96 of 378 City of Manhattan Beach

1400 Highland Avenue Manhattan Beach, CA 90266

Meeting Minutes - Draft

Wednesday, March 6, 2013 4:30 PM

Closed Session Meeting

City Council Chambers

City Council

Mayor David J. Lesser Mayor Pro Tem Amy Howorth Councilmember Richard P. Montgomery Councilmember Nicholas W. Tell, Jr. Councilmember Wayne Powell

Page 97 of 378 City Council Meeting Minutes - Draft March 6, 2013

A. CALL MEETING TO ORDER

The Closed Session Meeting of March 6, 2013 was called to order at 4:34 pm.

B. ROLL CALL

Present: 3 - Councilmember Powell, Mayor Lesser and Mayor Pro Tem Howorth

Absent: 2 - Councilmember Montgomery and Councilmember Tell

C. PUBLIC COMMENT ON CLOSED SESSION AGENDA (Three Minutes Per Person) There were no requests to speak on this item.

D. ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: City Attorney Barrow read into the record the following Closed Session items :

1. CONFERENCE WITH LEGAL COUNSEL (EXISTING LITIGATION) (Government Code Section 54956.9) Sanders v. City of Manhattan Beach, Los Angeles Superior Court Case Number YC067811

E. RECESS INTO CLOSED SESSION

The City Council recessed into Closed Session at 4:36 p.m.

F. RECONVENE INTO OPEN SESSION

G. CLOSED SESSION ANNOUNCEMENT IN OPEN SESSION

City Attorney Barrow provided this announcement during the Closed Session Announcement in Open Session.

H. ADJOURNMENT

The March 6, 2013 City Council Closed Session Meeting was adjourned to the March 6, 2013 6:00 p.m. Regular City Council Meeting.

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Page 98 of 378 City of Manhattan Beach

1400 Highland Avenue Manhattan Beach, CA 90266

Meeting Minutes - Draft

Wednesday, March 6, 2013 6:00 PM

Regular Meeting

City Council Chambers

City Council

Mayor David J. Lesser Mayor Pro Tem Amy Howorth Councilmember Richard P. Montgomery Councilmember Nicholas W. Tell, Jr. Councilmember Wayne Powell

Page 99 of 378 City Council Meeting Minutes - Draft March 6, 2013

BELOW ARE THE AGENDA ITEMS TO BE CONSIDERED. THE RECOMMENDED COUNCIL ACTION IS LISTED IMMEDIATELY AFTER THE TITLE OF EACH ITEM IN BOLD CAPITAL LETTERS.

A. PLEDGE TO THE FLAG

JP Rivas, a senior from Mira Costa High School, led the Pledge of Allegiance.

B. ROLL CALL

Present: 5 - Mayor Lesser, Mayor Pro Tem Howorth, Councilmember Montgomery, Councilmember Tell and Councilmember Powell

C. CERTIFICATION OF MEETING NOTICE AND AGENDA POSTING

City Clerk Tamura confirmed the meeting was properly posted.

D. CLOSED SESSION ANNOUNCEMENT

City Attorney Barrow announced that the City Council met in Closed Session earlier this evening to discuss a conference with Legal Counsel on the litigation matter of Sanders versus City of Manhattan Beach. The City Council gave direction to Special Counsel and no other actions were taken.

E. APPROVAL OF AGENDA AND WAIVER OF FULL READING OF ORDINANCES No changes were made to the agenda at this time.

F. CEREMONIAL CALENDAR

1. Recognition of Jean McMillan for Her Outstanding Community Service 13-0115 PRESENT The City Council recognized Jean McMillan for her outstanding community service.

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G. COMMUNITY ANNOUNCEMENTS (One Minute Per Person)

Don McPherson thanked City Clerk Tamura and her staff for a successful election.

Don Gould Manhattan Beach Library Manager, spoke about upcoming library events.

Viet Ngo spoke of alleged public corruption and alleged election fraud .

Robert Bush spoke about the service of our military veterans and his disappointment with the low election turnout.

Councilmember Powell spoke of the upcoming Community Emergency Response Team Class and Graduation, the Seniors Teaching Seniors Program; thanked everyone for the congratulatory e-mails on his election win; and recognized the two Councilmembers elect Mark Burton and Tony D'Errico who were in attendance.

Mayor Lesser spoke about several upcoming public meetings.

H. AUDIENCE PARTICIPATION (Three Minutes Per Person)

Nate Hubbard, 1300 Block of Ardmore Avenue spoke about the 2010 Shade Conditional Use Permit (CUP).

Don McPherson spoke about the 2010 Shade CUP.

Peter Goodwin spoke about voting and distributed a letter to the City Council, City Attorney Barrow and City Manager Carmany regarding the possible removal of a public parking space adjacent to 217 4th Place.

Robert Bush spoke about utility undergrounding.

Kathy McCune from Metro spoke about the new Metro Express Lanes on the I-10 and I-110 freeways.

Bill Fahey spoke about the benefits of the proposed Marine Avenue Park Synthetic Turf Installation Project.

Viet Ngo spoke about alleged public corruption and alleged election fraud .

Public Works Director Jim Arndt verified that the City is not currently taking applications for any new utility undergrounding districts.

City Attorney Barrow responded that there is nothing that should prevent the City Council from considering the labor negotiations on tonight's agenda and that there is no merit to the alleged election fraud mentioned.

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I. CONSENT CALENDAR

A motion was made by Mayor Prop Tem Howorth, seconded by Councilmember Montgomery, that this item be approved, with the exception of Item No. 7 (Update of Strategic Plan Goals and Objectives), which will be considered under Items Removed From the Consent Calendar. The motion carried by the following vote:

Aye: 5 - Tell, Montgomery, Howorth, Lesser and Powell

2. Audited Financial Statements and Management Report of the South 13-0066 Bay Regional Public Communications Authority for the Year Ended June 30, 2012. RECEIVE AND FILE

The recommendation for this item was approved on the Consent Calendar.

3. Planning Commission Approval of a Use Permit for an Eating and 13-0094 Drinking Establishment / Restaurant (Leafy Greens) at 308 Manhattan Beach Boulevard. RECEIVE AND FILE

The recommendation for this item was approved on the Consent Calendar.

4. Award of Construction Contract to Ramona, Inc. ($307,830) for the 13-0111 FY2012-2013 Gravity Sewer Main Rehabilitation Project Including Sewer Spot Repairs at 34 locations in Areas 1, 2, and 3 (bounded by Manhattan Beach Boulevard, Ardmore Avenue, Aviation Boulevard and the Southerly City Limit) and Sewer Main Replacement in 11th Place from Ardmore Avenue to Highview Avenue; and Approve an Agreement with Willdan Engineering ($105,888) for Construction Inspection Services. APPROVE

The recommendation for this item was approved on the Consent Calendar.

5. Plans and Specifications for the Section 1 (Manhattan Beach 13-0107 Boulevard to Boundary Place, Ardmore Avenue to Sepulveda Boulevard) Concrete Repair Project. APPROVE

The recommendation for this item was approved on the Consent Calendar.

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6. Award of Construction Contract to T.E. Roberts, Inc. ($982,785) for 13-0108 the 2011-2012 Water Main Replacement Project, Phase 2 (Area 7 - south Sand Section; including Highland Ave, 7th Street, 6th Street and Morningside Drive). APPROVE

The recommendation for this item was approved on the Consent Calendar.

8. Financial Reports: 13-0095 a) Ratification of Demands: February 12, 2013. RATIFY b) Payroll Register: February 14, 2013. RATIFY c) Investment Portfolio for the Month Ending January 31, 2013. RECEIVE AND FILE d) Financial Reports for the Month Ending January 31, 2013. RECEIVE AND FILE

The recommendation for this item was approved on the Consent Calendar.

9. Minutes 13-0096 This item contains minutes of City Council meetings which are presented for approval and minutes from City Council subcommittees and from other City commissions and committees which are presented to be received and filed by the City Council. Staff recommends that the City Council, by motion, take action to approve the minutes of the: a) City Council Regular Meeting of February 19, 2013. APPROVE b) Cultural Arts Commission Meeting of November 13, 2012. REVEIVE AND FILE c) Cultural Arts Commission Meeting of November 13, 2012. REVEIVE AND FILE d) Planning Commission Meeting of February 27, 2013. REVEIVE AND FILE

The recommendation for this item was approved on the Consent Calendar.

J. PUBLIC HEARINGS

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Page 103 of 378 City Council Meeting Minutes - Draft March 6, 2013

10. Appeal of Planning Commission’s Decision of a Height Determination 13-0099 for a Coastal Permit (CA 12-25) for a New Single Family Residence at 301/303 25th Street CONDUCT PUBLIC HEARING, DISCUSS AND PROVIDE DIRECTION Mayor Lesser opened the Public Hearing

The following representatives spoke on this item:

Leonard Armato, Esq on behalf of the Appellant

Applicant Joe Paunovich Fred Gaines, Gaines & Stacy, LLP (Applicant's Attorney)

In addition, the following persons spoke:

Marty Lang David Quick Tom Sturgess Sam Sturgess Stephanie (last name inaudible) Diane (last name inaudible) Teddy Sears Mark Abramson Tim Price Thomas Sturgess Louis Scaduto Ellie Armato Crystal Armato Jack Alloco Holly McPeak Antonina Armato Bunny Srour Tom Courtney Shawn (last name inaudible) Nancy Armado Bruce Bolander Dr. Rosario Armado Karol Wahlberg Anthony Armado Mark (last name inaudible) Nora Fong

The Mayor provided an opportunity for rebuttal to Leonard Armato and John Franklin , Geo Soils also spoke on behalf of the appeal.

The Mayor provided an opportunity for Applicant Joe Paunovich and Fred Gaines , Applicant's Attorney to speak.

Mayor Lesser closed the Public Hearing

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A motion was made by Councilmember Montgomery, seconded by Mayor Powell, uphold the decision of the Planning Commission and deny the appeal. The motion carried by the following vote:

Aye: 3 - Montgomery, Lesser and Powell

Nay: 2 - Tell and Howorth

11. Appeal of the Parking and Public Improvements Commission Decision 13-0069 to Deny the Request to Remove One Public On-Street Parking Space Adjacent to 217 4th Place HOLD PUBLIC HEARING, DISCUSS AND PROVIDE DIRECTION Mayor Lesser opened the Public Hearing

The following individuals spoke on this item:

Applicant Peter Goodwin

Whitney Greeves Larry Shoenfeld Mrs. Shoenfeld Robin Michael Rita Michael

Mayor Lesser closed the Public Hearing

A motion was made by Councilmember Tell, seconded by Councilmember Montgomery, that this item be approved. The motion carried by the following vote:

Aye: 5 - Tell, Montgomery, Howorth, Lesser and Powell

K. GENERAL BUSINESS

12. Memoranda of Understanding with the Manhattan Beach Police RES 13-0017 Officers’ Association, California Teamsters Local 911, and the Manhattan Beach Firefighters’ Association. APPROVE, ADOPT RESOLUTION NO. 13-0017 The following individual spoke on this item:

Gerry O'Connor

A motion was made by Councilmember Tell, seconded by Mayor Pro Tem Howorth, that that Resolution No. 13-0017 be adopted. The motion carried by the following vote:

Aye: 5 - Tell, Montgomery, Howorth, Lesser and Powell

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13. Resolution No. 13-0018 Amending Resolution 6066 to Eliminate the RES 13-0018 reporting of the value of Employer Paid Member Contributions for the Manhattan Beach Police Officers’ Association effective March 9, 2013. APPROVE, ADOPT RESOLUTION NO. 13-0018 There were no requests to speak from the public to speak on this item.

A motion was made by Councilmember Powell, seconded by Mayor Pro Tem Howorth, that Resolution No. 13-0018 be adopted. The motion carried by the following vote:

Aye: 5 - Tell, Montgomery, Howorth, Lesser and Powell

14. Resolution No. 13-0019 Amending Resolution 6067 to Eliminate the RES 13-0019 reporting of the value of Employer Paid Member Contributions for the California Teamsters Local 911 effective March 9, 2013. ADOPT RESOLUTION NO. 13-0019 There were no requests to speak from the public to speak on this item.

A motion was made by Mayor Pro Tem Howorth, seconded by Councilmember Powell, that Resolution No. 13-0019 be adopted. The motion carried by the following vote:

Aye: 5 - Tell, Montgomery, Howorth, Lesser and Powell

15. Resolution No. 13-0020 Amending Resolution 6065 to Eliminate the RES 13-0020 reporting of the value of Employer Paid Member Contributions for the Manhattan Beach Firefighters’ Association effective March 23, 2013. ADOPT RESOLUTION NO. 13-0020 There were no requests to speak from the public to speak on this item.

A motion was made by Mayor Pro Tem Howorth, seconded by Councilmember Powell, that Resolution No. 13-0020 be adopted. The motion carried by the following vote:

Aye: 5 - Powell, Lesser, Howorth, Montgomery and Tell

16. Resolution No. 13-0021 Allowing Employee Paid Member Pension RES 13-0021 Contributions to be Processed on a Pre-Tax Basis in Accordance with Internal Revenue Code Section 414(h)(2) ADOPT RESOLUTION NO. 13-0021 There were no requests to speak from the public to speak on this item.

A motion was made by Councilmember Powell, seconded by Councilmember Tell, that Resolution No. 13-0021 be adopted. The motion carried by the following vote:

Aye: 5 - Powell, Lesser, Howorth, Montgomery and Tell

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17. Plans and Specifications for the Marine Avenue Park Synthetic Turf 13-0015 Installation Project and Appropriation of $1,353,000 from the Unappropriated General Fund CIP Fund Balance APPROVE, APPROPRIATE The following individual spoke on this item:

Ross Kay, American Youth Soccer Organization Commissioner

A motion was made by Councilmember Tell, seconded by Mayor Pro Tem Howorth, that this item be approved. The motion carried by the following vote:

Aye: 5 - Tell, Montgomery, Howorth, Lesser and Powell

L. ITEMS REMOVED FROM THE CONSENT CALENDAR

7. Update of Strategic Plan Goals and Objectives. 13-0113 RECEIVE AND FILE The following individual spoke on this item:

Gerry O'Connor

A motion was made by Councilmember Montgomery, seconded by Councilmember Tell, that this item be approved. The motion carried by the following vote:

Aye: 5 - Tell, Montgomery, Howorth, Lesser and Powell

M. CITY MANAGER REPORT(S)

City Manager Carmany provided an update on the Shade Hotel conditional use permit, announced the Volunteer Recognition dinner is this Friday, March 8th, reported that Police Chief Eve Irvine recently attended the annual California Police Chiefs’ Association annual training conference, and noted that a press release outlining increased enforcement of Strand and Bike Path violations. City Manager Carmany also stated that he will provide a status report on the Rite Aid store and the Chalk School at the next City Council meeting.

N. OTHER COUNCIL BUSINESS, COMMITTEE AND TRAVEL REPORTS

Mayor Lesser reported that he attended the South Bay Council of Governments’ General Assembly on February 22nd and that he received a letter urging City Council action regarding the Proposition 8 case currently under review by the U.S. Supreme Court.

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18. City-School Cooperative Agreement Update. 13-0118 RECEIVE AND FILE Councilmember Tell provided an update on the draft City/School Cooperative Agreement attached to the agenda. The City Council directed staff to schedule a joint public meeting with the City Council and the school board to discuss the draft agreement, with April 15th mentioned as a possible date.

The following individual spoke on this item:

Gerry O'Conner

O. ADJOURNMENT

At 12:05 am the Regular City Council Meeting of March 6, 2013, was duly adjourned to the City Council Closed Session Meeting at 4:30 p.m. on March 19, 2013 in the City Council Chambers.

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Page 108 of 378 Finance Subcommittee Meeting Draft Action Minutes

Meeting Date: March 15, 2013 Recording Secretary: Helga Foushanes

In Attendance: Tim Lilligren, Treasurer Wayne Powell, City Council Member Bruce Moe, Finance Director Henry Mitzner, Controller Steve Charelian, Revenue Services Manager Jeanne O’Brien, Accountant

Called to Order: 9:02 A.M. by Tim Lilligren, City Treasurer

Agenda Item #1 – Approval of Minutes from December 20, 2012 Finance Subcommittee Meetings

The Finance Subcommittee unanimously approved the minutes of December 20, 2012.

Agenda Item #2- Consideration of Accounts Receivable Report for February 2012

The Finance Subcommittee received and filed the report.

Agenda Item #3 – Financial Reports for January 2013

The Finance Subcommittee received and filed the report.

Agenda Item #4 - Investment Portfolio for January 2013

The Finance Subcommittee received and filed the report.

Agenda Item #5 - Consideration of Bad Debt Write-Off’s for Referral to Collections

The Finance Subcommittee received and filed the report.

Agenda Item #6 – Extension of Authorization to Exceed fifty Prcent Limitation of City’s Investment Portfolio in the State Local Agency Investment Fund (LAIF) until December 31, 2013

The Finance Subcommittee approved the extension of the authorization to exceed the fifty percent limitation of the City’s Investment Portfolio in the State Local Agency Investment Fund (LAIF) until December 31, 2013.

Agenda Item #7 – Appointment of Wedbush Securities as Additional City Investment Broker

The Finance Subcommittee approved the appointment of Don Collins, Wedbush Securities.

Subcommittee member Wayne Powell and Treasurer Tim Lilligren directed staff to prepare a Council report appointing Don Collins of Wedbush Securities as an additional City investment broker, as well as reaffirming the two standing brokers Tony Garcia of Wells Fargo, and Bill Blackwill of Citibank.

Agenda Item #8 – Public Comments

None

Agenda Item #9 - Adjournment

The meeting was adjourned at 9:32 A.M.

Page 109 of 378 Page 110 of 378 CITY OF MANHATTAN BEACH PLANNING COMMISSION MEETING ACTION MINUTES March 27, 2013 Council Chambers – 1400 Highland Avenue 6:30 P.M. Final Decisions Made Tonight Will be Scheduled for City Council Review on April 16, 2013 (Unless otherwise stated at the meeting)

1. CALL MEETING TO ORDER 6:30 P.M. 2. PLEDGE TO FLAG 3. ROLL CALL CHAIRPERSON ANDREANI, CONAWAY, GROSS, ORTMANN, PARALUSZ 4. REORGANIZATION

03/27/13-1. Reorganization of Commission Officers PRESENTED CERTFICATE TO OUTGOING CHAIRPERSON ANDREANI; CONAWAY ROTATED TO NEW CHAIRPERSON AND GROSS AS NEW VICE-CHAIRPERSON

5. APPROVAL OF MINUTES

03/27/13-2. Regular meeting – March 13, 2013 APPROVED WITH CORRECTIONS (5:0)

6. AUDIENCE PARTICIPATION a. Viet Ngo b. Bill Victor

7. PUBLIC HEARING

03/27/13-3. Consideration of Use Permit, Coastal Development Permit and Lot Line Adjustment, and Related Utility Easement, to Allow Demolition of the Existing Library and Construction of a New Public County Library and Related Improvements at 1320 Highland Avenue. CONDUCTED PUBLIC HEARING, ADOPTED RESOLUTION APPROVING PROJECT (5:0)

8. DIRECTOR’S ITEMS a. Joint meeting with Planning Commission and City Council – Scheduled for 4/30/13

9. PLANNING COMMISSION ITEMS

10. TENTATIVE AGENDA April 10, 2013 a. 508 3rd Street – Height variance b. Housing Element

11. ADJOURNMENT TO April 10, 2013 MEETING ADJOURNED AT 8:40 P.M.

April 10, 2013 April 24, 2013 April 30, 2013 (Joint Meeting) May 8, 2013 May 22, 2013

Meetings are broadcast live through Manhattan Beach Local Community Cable Channels (Time Warner Channel 8 and Verizon Channel 35), and Live Webcast via the City's website. Most meetings are rebroadcast at 12:00 PM and 8:30 PM on the Friday and Sunday following the Wednesday meeting on the Community Cable Channels and Live Webcast. If a City Council meeting falls in the same week as a Planning Commission meeting, the Commission meeting will be replayed the next week on Thursday at Noon. Meetings are archived at www.citymb.info .

Page 111 of 378 Page 112 of 378 Agenda Date: 4/2/2013

TO: Honorable Mayor and Members of the City Council

THROUGH: David N. Carmany, City Manager

FROM: Richard Gill, Parks and Recreation Director

SUBJECT: Annual Fee Waiver Requests Associated with Non-Profit Special Events (American Martyrs Parish Fair; American Martyrs 5K Run/Walk; Grandview 5K; Holiday Fireworks Festival; Manhattan Beach 10K Run; Manhattan Beach Education Foundation Wine Auction; Manhattan Beach Grand Prix Bike Race; Manhattan Beach Hometown Fair; Manhattan Beach Little League Opening Day Parade; Richstone Pier-to-Pier Jog/Walk; and Robinson School Fun Run) APPROVE

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RECOMMENDATION: Staff recommends that the City Council approve a 100% fee waiver for the Manhattan Beach 10K Run, the Holiday Fireworks Festival, Little League Opening Day Parade, the Manhattan Beach Education Foundation (Wine Auction) and events associated with the Manhattan Beach Unified School District listed in this report and recommends charging 25% to all other “legacy” organizations.

FISCAL IMPLICATIONS: The following billing rates were utilized to calculate departmental costs for non-profit special events, with any related equipment charged at the prevailing rental fee:

Community Services Officer: $100.30/hr. Police Sergeant: $192.18/hr. Police Officers: $142.23/hr. Fire/Paramedics (2): $93.41/hr. ($186.82 for 2 hrs.) Fire Marshal: $251.96/hr. Engine Company: $356.71/hr. Public Works/Maintenance: $63.00/hr. Recreation Leaders II: $20.66/hr. Parking: $1.50/hr. pier lot; $.75/hr. lots other than pier lots; $1.25/hr. street meters

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Per past City Council direction, staff used fully burdened rates when determining the true costs associated with each special event request. Fully burdened rates include City overhead. These are the rates adopted by City Council in the annual resolution of fees. The funds to provide these services are budgeted annually within each of the affected City departments. The recommended fee waivers represent $205,574. BACKGROUND: Due to requests for waivers of City fees/service charges by non-profit organizations conducting special events in Manhattan Beach, the City developed and initiated a yearly application process. In January, a Special Event Application was sent to each “legacy” organization that conducted an event during the 2012-2013 fiscal year. The deadline to submit completed applications to the Parks and Recreation Department was February 15, 2013 with all requests submitted by the established deadline.

In their meeting of April 7, 2009, City Council approved charging 25% of all “legacy” organizations (except the Manhattan Beach 10K Run, the Holiday Fireworks Festival and Little League Opening Day Parade, as discussed below) and approved waiving all fees for the events associated with the Manhattan Beach Unified School District, including the Manhattan Beach Wine Auction, with the stipulation that the request for the Manhattan Beach Wine Auction be revisited each year.

DISCUSSION: Staff forwarded each special event application to the various City departments for operational review and requested that each department calculate its costs based on last year’s actual costs and any additional requests for services for that year’s event .

Copies of the actual application packets submitted by each organization are attached for the Council’s review (Attachment 1).

The Proposed Special Event Fee Waiver chart (Attachment 2) lists the name of the organizations in the first column; the second column lists the proposed fee/service charges associated with each event using last year’s actual costs. The third column represents staff’ s recommendation. The total costs are estimates based on last year’s event and should the event grow or change, requiring additional staff, then those costs are passed on to the agencies with a 75% fee waiver.

Prior to 2003, City Council made a decision to exempt three events from paying City fees. The Fireworks Festival, Hometown Fair 10K Run and the Little League Parade were considered special events of a community-wide interest and too valuable to lose and too expensive for the City to implement by itself.

In 2009, the City Council directed staff to waive all fees for Manhattan Beach Education Foundation (MBEF) events, but requested that MBEF waivers be revisited each year. Staff is again recommending a full waiver for the Wine Auction and the Grandview and Robinson running races which are associated with the MBEF.

In addition to the legacy special events, staff received a special event application from the Beach Cities Health District Blue Zones Project (not associated with past legacy events) for

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a street festival and family walking/biking event along Valley Drive from Live Oak Park to the Redondo Beach pier in October 2013. Because the application was just recently submitted, staff was not able to circulate the application to all effected City departments for costs and concerns. Beach Cities Health District is asking for a 100% fee waiver. Staff will have to return at a later date to Council to consider their fee waiver request.

CONCLUSION: Staff recommends that the City Council approve a 100% fee waiver for the Manhattan Beach 10K Run, the Holiday Fireworks Festival, Little League Opening Day Parade, the Manhattan Beach Education Foundation (Wine Auction) and events associated with the Manhattan Beach Unified School District listed in this report and recommends charging 25% to all other “legacy” organizations.

Attachments: 1. Legacy Special Event Applications 2. Proposed Fee Waivers FY 2013-2014

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Page 115 of 378 Page 116 of 378 Page 117 of 378 Page 118 of 378 Page 119 of 378 Page 120 of 378 Page 121 of 378 Page 122 of 378 Page 123 of 378 Page 124 of 378 Page 125 of 378 Page 126 of 378 Page 127 of 378 Page 128 of 378 Page 129 of 378 Page 130 of 378 Page 131 of 378 Page 132 of 378 Page 133 of 378 Page 134 of 378 Page 135 of 378 Page 136 of 378 Page 137 of 378 Page 138 of 378 Page 139 of 378 Page 140 of 378 Page 141 of 378 Page 142 of 378 Page 143 of 378 Page 144 of 378 Page 145 of 378 Page 146 of 378 Page 147 of 378 Page 148 of 378 Page 149 of 378 Page 150 of 378 Page 151 of 378 Page 152 of 378 Page 153 of 378 Page 154 of 378 Page 155 of 378 Page 156 of 378 Page 157 of 378 Page 158 of 378 Page 159 of 378 Page 160 of 378 Page 161 of 378 PROPOSED SPECIAL EVENT FEE WAIVERS FY 2013-2014

Proposed Services Based on Prior year’s Actuals Proposed Fee Fees Organization (fully burdened rates) Waivers to be paid American Martyrs Parish Fair Fire - $769 10/19 & 10/20/13 TOTAL - $769 $577 $192 American Martyrs 5K Run Police - $4,839 2/22/14 Public Works-$2,662 $5,626 $1,875 TOTAL - $7,501 Grandview 5K Run Police - $5,006 05/31/14 Public Works-$1,397 $6,403 $0 TOTAL - $6,403 Police – $33,408 Holiday Fireworks Festival Fire - $1,717 $55,773 $0 12/08/13 Public Works – $17,492 Parks & Recreation - $1,488 Parking - $1,668 TOTAL - $55,773 Police - $18,254 Manhattan Beach 10K Run Fire - $1,153 10/05/13 Public Works - $12,793 $32,850 $0 Parking - $650 TOTAL - $32,850 Manhattan Beach Permits - $769 Wine Auction Police - $3,647 $4,416 $0 06/14/13 TOTAL - $4,416 Manhattan Beach Grand Prix Police - $11,045 Bike Race Fire - $1,495 $15,666 $5,222 07/06 & 07/07/13 Public Works - $8,348 TOTAL - $20,888 Police - $59,682 Manhattan Beach Fire - $1,495 Hometown Fair Public Works - $27,542 $68,708 $22,903 10/05 & 10/06/13 Parks & Recreation -$2,892 TOTAL - $91,611 Manhattan Beach Little League Police - $3,156 Opening Day Parade Fire - $2,373 $7,634 $0 03/01/14 Public Works - $2,105 TOTAL - $7,634 Police - $502 Richstone Pier-to-Pier Public Works - $198 $1,123 $374 Jog/Walk 04/26/14 Parking - 797 TOTAL - $1,497 Police - $4,248 Robinson School Fun Run Public Works- $2,550 $6,798 $0 03/15/14 TOTAL – $6,798 TOTALS $236,140 $205,574 $30,566

Page 162 of 378 Agenda Date: 4/2/2013

TO: Honorable Mayor Lesser and Members of the City Council

THROUGH: David N. Carmany, City Manager

FROM: Richard Gill, Parks and Recreation Director Idris J. Al-Oboudi, Recreation Services Manager

SUBJECT: Scope of Work for the Parks Open Space, Activity and Landscape Master Plan APPROVE

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RECOMMENDATION: Staff recommends that the City Council approve the scope of work for the Parks Open Space, Activity, and Landscape Master Plan.

FISCAL IMPLICATIONS: There is $100,000 budgeted in the fiscal year 2012-2013 for the Parks Open Space, Activity and Landscape Master Plan.

BACKGROUND: One of the goals of the City’s Strategic Plan for 2012-2013 is to develop a Parks Open Space, Activity and Landscape Master Plan for all park open space. The purpose of the plan is to develop long term goals and strategies for outdoor recreational activities, amenities and infrastructure. The City’s Strategic Plan directed that park buildings not be included in the Parks Open Space, Activity and Landscape Master Plan.

DISCUSSION: The goal of the outdoor Parks Open Space, Activity and Landscape Master Plan is to evaluate the condition of existing park amenities and infrastructure and look at the entire park open space for new and future activities and amenities. Staff is also proposing that the chosen consultant review the 2008 Facility Strategic Plan to see if there are ideas from that study that can be included in an updated Parks Open Space, Activity and Landscape Master Plan. The main components of the Request for Proposal for the Parks Open Space, Activity and Landscape Master Plan are:

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1. Site Analysis and Evaluation of Existing Park Amenities & Infrastructure; 2. Recommendations for Locations of Future Park Amenities and Activities; 3. Coordinated Landscape Policy for all City Parks; 4. Americans with Disabilities Act accessibility evaluation; 5. Review of 2008 Facility Strategic Plan for Areas of Incorporation into the Parks Open Space, Activity and Landscape Master Plan; 6. Community Meetings and Consensus Building; and 7. Cost Estimates for the Proposed Improvements.

1. Site Analysis and Assessment of Existing Park Amenities and Infrastructure This phase will include an extensive analysis of all current park amenities and infrastructure for code compliance, accessibility improvements, maintenance needs, replacement, repair and upgrades. This includes, but is not limited to, the City’s ball courts, play equipment, picnic pads, exercise equipment, shade structures, fencing, pathways/sidewalks, electrical and lighting, stairs, security, irrigation, drainage, signage, and parking. A review of park buildings is excluded from this report.

2. Assessment of Park Open Space for Future Park Amenities and Activities It is recommended that the Consultant assess the existing open space for areas where future amenities and activities can be implemented. The Consultant will conduct community meetings to determine the interests and needs of the residents and assess where those amenities/activities can be added without impacting nearby neighbors.

The Consultant will meet with staff, community interest groups, and review the activities and attendances at each existing community center (Manhattan Heights/Joslyn) to identify and quantify the current activities in each community center and identify future outdoor needs that complement and add to the existing programs in each community center.

Some of the user groups that the Consultant will be working with to identify needs are the teens, older adults, dog owners, and youth. The Consultant will also be working with and through the Parks and Recreation Commission. Some of the activities and amenities that have been discussed previously by the Parks and Recreation Commission are: skateboard park, dog runs, petanque, shuffleboard, and outdoor shade and picnic areas for seniors.

3. Coordinated Landscape and Irrigation Policy for All City Parks Turf: The City has committed to a policy of ongoing sustainability and is desirous of a comprehensive review of all turf areas and identification of candidate sites for turf removal, replacement, or reduction as identified through the use of the principles of xeriscape gardening. The use of native and climate-appropriate plantings or alternate surfaces will reduce water and maintenance expenditures. Applied surfaces could include synthetic turf, permeable PCC, pavers, decomposed granite, recycled rubber paving, or other recommended materials. The integration of turf reduction and surface treatments into path of travel for maintenance crews should also be considered to reduce soil compaction and ease maintenance of irrigation equipment, controllers, and any site amenities and furnishings.

Trees and Shrub Planting:

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Trees should be identified for appropriate placement, proximity to travelled pathways/potential risk, proximity to hardscape, and any root related damage noted. Additionally, City’s integrated sustainability approach requires little or no pesticide use .

Irrigation: A review of current irrigation systems and recommendations for potential expansion of central control, rehabilitation, irrigated zone changes, or replacement should be included in the Master Plan. The irrigation recommendations should be comprehensively developed in conjunction with drainage and planting plans.

4. ADA (accessibility evaluation) The Consultant will analyze and evaluate all park and open spaces in the City for areas where the City can improve accessibility. It is the City’s intent to improve accessibility above and beyond the ADA code requirements for all open space and activities where feasibly possible.

5. Review 2008 City Facility Strategic Plan (FSP) for Recommendations that can be Incorporated into the Parks Open Space, Activity and Landscape Master Plan The City completed a two year facility strategic plan which was a comprehensive review, analysis, and community process for all City parks, programs, and facilities in 2008. The 2008 FSP focused on replacing, consolidating, and building new buildings, swimming pools, senior center, and scout house for all community programs. While the focus of this Request for Proposal/Master Plan is outdoor amenities and activities, the FSP should be analyzed for the ideas, programs and amenities that were developed as part of that process.

6. Community Outreach and Public Process Staff will be engaging the community in the development and execution of the Parks Open Space, Activity and Landscape Master Plan. As such, it is estimated that there will be at least six public/community meetings (two Parks and Recreation Commission meetings, two community-wide evening meetings, and two City Council meetings). In addition, it is anticipated that the consultant must plan at least two meetings with the Older Adults Program, one meeting with the teens/youth participants, and one meeting with the dog owner community.

7. Cost Estimates The final Parks Open Space, Activity and Master Plan presented to the City must contain professional cost estimates for each major category in the Master Plan (i.e., play equipment, exercise equipment, irrigation, landscaping, lighting, and ADA improvements, etc.)

City’s General Plan The results of the Parks Open Space, Activity and Landscape Master Plan will be incorporated into the City’s General Plan mobility section update.

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Veterans Parkway The attached draft scope of services in the Request for Proposal does not include Veterans Parkway. City Council recently approved the scope of services for the Veterans Parkway Request for Proposal. The scope of services approved by City Council for Veterans Parkway will develop a landscaping policy. It does not contemplate or address activities or amenities for programs such as shuffleboard, horseshoes, petanque, or dog run locations. Staff believes City Council does not wish to pursue locations for any active programs such as the aforementioned.

CONCLUSION: Staff recommends that the City Council discuss and approve the scope of services for the RFP for a Parks Open Space, Activity and Landscape Master Plan. If approved, staff will return to City Council in March for the award of contract. It is anticipated that the site analysis and assessment, community outreach and the Master Plan will take approximately six months to complete. When completed, the Consultant will make a presentation to City Council.

Attachment 1. Request for Proposal Parks Open Space, Activity and Landscape Master Plan Services

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Request for Proposal Parks Open Space, Activity and Landscape Master Plans Services for City of Manhattan Beach Parks Open Space

The City of Manhattan Beach (“City”) is soliciting proposals from qualified firms who specialize in landscaping, and parks master planning to work with City staff and the community to provide a Parks Open Space, Activity and Landscape Master Plan for all outdoor park open spaces. The Master Plan excludes all park buildings.

The City’s parks open space to be master planned are: Live Oak Park, Sand Dune Park, Larsson Street Park, Bruce’s Beach, 8th Street Parquet, Marine Avenue Park, Marine Sports Park, Manhattan Heights Park, Polliwog Park, and Manhattan Village Park.

The overall goal of the Master Plan is to provide:

1) Site Analysis, and Evaluation of Existing Park Amenities and Infrastructure; 2) Recommendations for Locations of Future Park Amenities and Activities; 3) Coordinated Landscape Policy for all City Parks; 4) ADA (accessibility evaluation); 5) Review of 2008 (FSP) for Areas of Incorporation into the Parks Open Space, Activity and Landscape Master Plan; 6) Community Meetings and Consensus Building; and 7) Cost Estimates for the Proposed Improvements.

The City has three related projects that could potentially affect the results of this project. They are the General Plan Update – Mobility Section, Veterans Park Master Plan (landscaping, lighting, and irrigation only), and Roundabout Analysis. The City will be updating its General Plan – Mobility Section with Iteris, Inc. The Mobility Section will provide goals and policies for a balanced, multi-modal transportation system for the movement of people and goods within Manhattan Beach. The consultants for the Veterans Park Master Plan and Roundabout Analysis have not yet been determined.

Manhattan Beach History The City of Manhattan Beach, with a population of approximately 35,000, is located within the southwestern coastal portion of Los Angeles County in what is commonly referred to locally as the “South Bay” area. The City is bounded on the north by El Segundo, on the east and south by Redondo Beach, on the south by Hermosa Beach, and on the west by the Pacific Ocean. The City is a beach community with approximately 2.1 miles of beachfront. The City has a total land area of 1,788 acres (3.88 square miles). The City is generally bounded by Rosecrans Avenue on the north, Aviation Boulevard on the east, Artesia Boulevard on the south and the Pacific Ocean on the west. Sepulveda Boulevard (State Highway 1) runs north-south through the middle of the City. There are approximately 48 acres of parks and open space in Manhattan Beach.

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The population breakdown for Manhattan Beach is:

Persons under 5 years: 5.8% Persons under 18 years: 24.8% (this includes 5 years and under) Persons 19-64: 62.5% Persons 65 and over: 2.7% The City of Manhattan Beach parks have experienced a substantial increase in its daytime population and density of use. This has resulted in an increased demand for recreational services within the City and more specifically at parks and fields. This increase in demand is more than likely beyond the parks’ intended original design capacity at most, if not all, of its facilities. Consequently, many of the parks’ infrastructure systems (such as irrigation, electrical, and lighting) are in need of upgrades in order to bring the parks system to the standards of current and future park users. The City is also interested in developing a long sought after skateboard park, recently reviewed by the Parks and Recreation Commission. In addition, much of the parks’ equipment (such as play equipment), exercise equipment, benches, ball courts, and barbecues) are out of date and require constant maintenance by City personnel. Finally, new standards and requirements that have been placed on public parks (especially American with Disabilities Act requirements) have created deficiencies in existing park facilities.

The Parks Open Space, Activities and Landscape Master Plan is intended as a management tool which focuses on updating the existing elements of the City’s outdoor park system.

Technical and Fee Proposal Information The contents of the proposal shall be submitted in the order as specified below. The proposal shall include, at a minimum, the following information listed below in the same order as requested, and shall not exceed ten double-sided pages (excluding references, resumes, work examples, and cover letter).

1) Understanding of Job Description and Scope of Work – Please describe your understanding of the scope of work to be performed. 2) Methodology and Work Plan – Please provide a brief description of the proposed work program and techniques to complete the scope of work. The work program should demonstrate your firm’s ability to conduct these services in a professional, timely, and efficient manner. 3) Experience and Qualification of Firm – Please provide a description of firm qualifications and relevant experience. 4) Qualifications and Experience for all Consultants and Sub-Consultants – Please provide a resume including qualifications and relevant experience for all of the individuals being proposed to work on this project. Experience under different companies can be included, however, please provide each company name with contact name and phone number. In addition, provide all current engagements and availability. Resumes are not included in the ten double-sided pages limitation. 5) Other Personnel – Specific project/task order work may be requested occasionally which will require the utilization of other personnel within your firm. Include a resume for each individual that may be proposed for project/task order work.

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6) References – Please provide a list of references where similar work of similar size and nature is currently in process or recently completed. Include name of firm, telephone, and name of contact person. These references will be checked and may affect the award of the contract. The City of Manhattan Beach reserves the right to contact any of the organizations or individuals listed or any others that may stem from the inquiry. 7) Contract Exceptions – Provide any proposed exceptions, additions, and/or deletions to the City’s request for proposal and/or Professional Services Agreement. Proposed exceptions will be considered on a case by case basis, but there is no guarantee that proposed exceptions will be accepted by the City. 8) Fee Proposal – The consultant shall provide a fee schedule for the proposed services. The fee shall schedule include the hourly rate for each personnel category, and any other additional charges to complete the services required of this contract. The City will use the fee proposal in the selection process and reserves the right to negotiate the final fee with the consultant.

Description of City Parks

Bruce’s Beach Park: Located at Highland Avenue and 27th Street and obtained in 1929, this is the oldest park site in Manhattan Beach. It is truly one of the most beautiful and scenic public properties in the area. Situated on a sloping terraced grassy hillside, the approximately three-acre park has one of the best ocean and sunset viewing areas away from the beach. A small basketball half-court is located in the center of the park and numerous shade trees and park benches are strategically located near the top of the park for resting and relaxation. Reservations are not accepted for this park. There is a dog-on-leash area on the lower west end of the park, just west of the basketball courts. There are restroom facilities operated and maintained by Los Angeles County nearby. Only the landscaping, irrigation and drainage for this park are included in the RFP.

8th Street Parquet: This lovely parquet is quietly situated between homes in the area and occupies four-tenths of an acre. It has picnic facilities for about 16 people, two picnic tables, and two barbecues. There is a wide open space and shaded area for rest and relaxation. It also includes play equipment for small children. Parquets are ideal for family picnics and social gatherings. Only the landscaping, irrigation, and review of the play equipment will be included in the RFP.

Larsson Street: The only park space in the City that is located west of Sepulveda Boulevard and south of Manhattan Beach Boulevard. This charming parquet occupies one city lot or two-tenths of an acre. Ideal for small children, the site includes play equipment, a basketball backboard and rim, and one picnic table which can accommodate 16 people. It is creatively landscaped providing shaded areas for relaxation and open areas for play. Parquets are ideal for family picnics and social gatherings. Only the landscaping, irrigation, and play equipment will be included in the RFP.

Live Oak Park: Six lighted tennis courts in the park are used frequently for classes, private matches, and several tennis tournaments sponsored by the City. Three lighted basketball courts and two large lighted multipurpose fields make this park a favorite destination for community members. Also,

Page 169 of 378 Attachment 1 there is a Tot’s Playground area, as well as several picnic areas that can accommodate from a dozen to 50 people and two barbecues. Restrooms and drinking fountains are available.

Several community buildings are located in this park, including the Tennis/Ceramics/Playground Center which houses a tennis office, ceramics studio and playground room. Joslyn Community Center is home to the Older Adults’ Program and is also available to the general public for meetings, parties or other gatherings. The facility includes an auditorium and stage, meeting rooms, kitchen, library, and dance and exercise studio. Live Oak Hall is a former WPA building that can accommodate group meetings and exercise classes. The Scout House is a rustic meeting room used for scouting activities only. The buildings are not included in this Master Plan.

Dogs are permitted in the Live Oak dog run.

Manhattan Heights: Located across the street from Polliwog Park, this park encompasses almost four acres and includes a large, lighted athletic field and community center. With its large shade trees, this is a popular site for social, informal family gatherings. The picnic facilities accommodate about 32 people. Other recreational facilities include two tennis courts, two paddle tennis courts, a basketball court (which can be converted into a mini-basketball court) and volleyball court, all of which are lighted, and a bouldering wall. The park also includes a horseshoe court and small children’s play area, restrooms, and drinking fountains.

Manhattan Village Park: Situated on three acres of land, the park consists of a full size soccer field, children's play area, picnic tables, and restrooms. Ample parking is located in front of the park, behind the Manhattan Village Shopping Center. This is a lovely quiet area well situated to the surrounding neighborhoods and shopping centers. Only the landscaping, irrigation, drainage, and play equipment will be included in the RFP.

Marine Avenue Park: Encompassing just over 7.5 acres, this park is a favorite spot for young children's birthday parties and family gatherings. Facilities in the park include a full-size baseball field, a soccer field, two outdoor basketball courts, an exercise area, picnic tables, children's play areas, and a small recreation activity building. The building is used for classes, meetings and social gatherings. The park also includes a four-court indoor racquetball building open to the public and privately operated by Pay-N-Play Company of America.

Marine Avenue Park also has a covered picnic area which can accommodate 64 people, includes eight picnic tables, and three barbecues. Restrooms and drinking fountains are also available in this park. Ample parking is available in a lot which borders the site along Marine Avenue.

Dogs are permitted in the Marine Avenue dog run located just east of the racquetball facility.

Marine Sports Park: Located just east of Marine Avenue Park, this sports park is a multi use sports facility with three little league fields that can be used as a regulation soccer field along with a snack shack and restrooms.

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Polliwog Park: Encompassing 18 acres, this is the largest and perhaps loveliest park in the South Bay area. The property belongs to the Manhattan Beach Unified School District and is leased to the City. The focal point of the site is a large pond bordered on one side by a natural wildlife refuge, home to migratory birds and an occasional raccoon or opossum. A favorite site for concerts, performances, weddings and other special events, the park's amphitheater looks out over the majestic pond as ducks and geese swim by providing one of the most idyllic and scenic backdrops for any occasion. A short distance from the Rose Garden is one of the City's oldest beach cottages which was moved to the site and refurbished. It houses the City's Historical Museum, is open to the public, and guided tours are offered by appointment.

The picnic area is comprised of a number of tables and six barbecues which can accommodate large groups.

Also adjacent to the park is Begg Pool which is open during the summer for classes and recreational swimming. Adjacent to Begg Pool is the Polliwog Park dog run.

On the southwest corner of the park is the Manhattan Beach Botanical Garden.

Sand Dune: This park acquired its name from the 100-foot high sand dune located there. It is a favorite destination for kids of all ages. Steps and switchbacks lead up into the nature area as a trail that provides different ways to reach the top. The trail winds through plant life and provides an interesting and educational nature walk. The top of the dune provides a panoramic east-facing view of the City.

This three-acre park also includes a fenced small children's play area with swings, merry-go- round, and climbing equipment. The dune is also fenced and requires adults to have reservations for use during specific operational periods. The park has a shaded picnic shelter with two picnic tables that can accommodate up to 50 people. The picnic shelter is available for reservations. Restrooms and drinking fountains are also available.

Dogs are permitted on leash along the designated walking area east of the tot lot and along cement walkways as posted.

Staff and the consultant will review irrigation, landscaping, technology improvements, play equipment, pathways.

Veterans Parkway: For informational purposes only; Veterans Parkway is not included in this RFP or the Parks Open Space, Activity and Landscape Master Plan. This 21 acre park crosses the City from north to south along Valley Drive and Ardmore Avenue from Sepulveda Boulevard to the border of Hermosa Beach.

Park benches and shade trees provide resting spots every quarter-mile along the path. There are also drinking fountains for dogs and their human companions.

Scope of Services The City is seeking a dynamic consulting team that has extensive experience in working with City staff and the community in preparing the Parks Open Space, Activity and Landscape

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Master Plan while a final scope of work will be crafted upon selection of a consultant team. The City anticipates that the scope of services submitted through this RFP will, at a minimum, address all of the following components. The City is also open to suggestions other than those listed below that the Consultant believes would be of value in producing the City’s Parks Open Space, Activities and Landscape Master Plan. The estimated timeframe for developing a master plan is six months.

The selected firm will need to be familiar with County and City codes, restrictions, and processes throughout the project. All deliverables must be submitted to the City in hard copy and original electronic format (e.g., Excel, Arts CAD, Word, etc.). All work produced by the Consultant for this project will become property of the City of Manhattan Beach, and it is expected that the information pertinent to this project will be shared freely with all City employees involved in the project. The scope of work includes, but is not limited to:

1) Site Analysis and Evaluation of Existing Park Amenities and Infrastructure; 2) Recommendations of Locations for Future Park Amenities and Activities; 3) Coordinated Landscape Plan for all City Parks; 4) ADA (accessibility evaluation); 5) Review 2008 (FSP) for Areas of Incorporation into the Parks Open Space, Activity and Landscape Master Plan; 6) Community Meetings and Consensus Building; and 7) Cost Estimates for the Proposed Improvements.

1. Site Analysis and Assessment of Existing Park Amenities and Infrastructure The phase will include an extensive analysis of all current park amenities and infrastructure for code compliance, accessibility improvements, maintenance needs, replacement, repair and upgrades. This includes, but it not limited to, the City’s ball courts, play equipment, picnic pads, exercise equipment, shade structures, fencing, pathways/sidewalks, electrical and lighting, stairs, security, irrigation, drainage, signage, and parking. A review of park buildings is excluded from this report.

Page 172 of 378 Attachment 1

3. Coordinated Landscape and Irrigation Plan for All City Parks

Turf: The City has committed to a policy of ongoing sustainability and is desirous of a comprehensive review of all turf areas and identification of candidate sites for turf removal, replacement, or reduction as identified through the use of native and climate appropriate plantings or alternate surfaces to reduce water and maintenance expenditures. Applied surfaces could include synthetic turf, permeable PCC, pavers, decomposed granite, recycled rubber paving, or other recommended materials. The integration of turf reduction and surface treatments into path of travel for maintenance crews should also be considered to reduce soil compaction and ease maintenance of irrigation equipment, controllers, and any site amenities and furnishings.

Trees and Shrub Planting: Trees should be identified for appropriate placement, proximity to travelled pathways/potential risk, proximity to hardscape, and any root related damage noted. Additionally, City’s integrated sustainability approach requires little or no pesticide use, and problematic trees such as Eucalyptus, Myoporum, etc., should be identified. Recommendations should include replacement and/or hazard mitigation. Please match reclaimed water compatibility with existing and any future suggested plantings.

Additional consideration and comment should be made as the use of plantings as site and noise barriers/screenings. Many of the City’s parks are immediately adjacent to residential properties. These considerations must be balanced with site security issues, current lighting schemes, and ease of park patrol.

Drainage: As part of the City’s integrated sustainability approach, on site water infiltration to address drainage is favored over conducting water to storm drain facilities. Current topography/elevation differential should be reviewed and recommendations to mitigate areas identified as problematic addressed. Areas of disparate soil types due to borrow fill when first developed create irrigation and drainage issues, irrigation zoning challenges, and should be identified and solutions suggested. Subsurface infiltration drains should be considered. Areas of high use create compaction problems, which in turn creates drainage and irrigation issues. These highly problematic areas should be identified and solutions identified. Other areas of concern are play areas containing fall attenuation materials such as sand, recycled rubber, or wood chips. These areas should be examined for proper drainage and addressed as necessary.

Irrigation: Several larger sites are centrally controlled through a Rainbird Maxicom control system complemented with an integrated weather station. Many of these sites are also irrigated through reclaimed water. A review of current irrigation systems and recommendations for potential expansion of central control, rehabilitation, irrigated zone changes, or replacement should be included in the Master Plan. Our integrated approach should include a zero runoff

Page 173 of 378 Attachment 1

plan. The irrigation recommendations should be comprehensively developed in conjunction with drainage and planting plans.

5. Review 2008 City Facility Strategic Plan (FSP) for Recommendations that can be Incorporated into the Parks Open Space, Activity and Landscape Master Plan The City completed a two year facility strategic plan which was a comprehensive review, analysis, and community process for all City parks, programs, and facilities in 2008. The 2008 FSP focused on replacing, consolidating, and building new buildings, swimming pools, senior center, and scout house for all community programs including seniors, scouts, teens, and youth. While the focus of this RFP/Parks Open Space, Activity and Landscape Master Plan is outdoor amenities and activities, the FSP should be analyzed for the ideas, programs and amenities that were developed as part of that process.

7. Cost Estimates The final Parks Open Space, Activity and Landscape Master Plan presented to the City must contain professional cost estimates for each major category in the Parks Open Space, Activity and Landscape Master Plan (i.e., play equipment, exercise equipment, irrigation, landscaping, lighting, and ADA improvements, etc.).

City’s General Plan The results of the Parks Open Space, Activity and Landscape Master Plan will be incorporated into the City’s General Plan mobility section update.

Page 174 of 378 Agenda Date: 4/2/2013

TO: Honorable Mayor and Members of the City Council

THROUGH: David N. Carmany, City Manager

FROM: Richard Thompson, Community Development Director

SUBJECT: Progress Report on the Agreement with the Chamber of Commerce to Provide Economic Services RECEIVE AND FILE

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RECOMMENDATION: Staff recommends that the City Council receive and file this report.

BACKGROUND: On June 5, 2012, the City Council allocated $75,000 in the Fiscal Year 2012-2013 budget as a placeholder for economic development. The City Council requested the Chamber meet with City staff to draft an agreement describing the services that will be performed in exchange for the funding. At its regular meeting on September 18, 2012, the City Council unanimously voted to approve an agreement with the Manhattan Beach Chamber of Commerce to provide certain economic services in exchange for $75,000 in funding and a lease agreement (Attachment 1) with the Chamber for the property located at 425 15th Street.

DISCUSSION: Three main tasks are identified in the agreement, followed by deliverables, timeline, and estimated cost. The three tasks are:

1. Create partnerships with the local business community to facilitate and enhance economic development. Work with the city and local businesses to increase business attraction and retention. a) Complete Leakage study. b) Host Economic Forum.

2. Develop Manhattan Beach Visitors Bureau to promote the city as the premier destination

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in Southern California. a) Design website. b) Design destination guide and promotional material.

3. Promote and implement economic development of Manhattan Beach by increasing visits from business travelers and visitors. a) Host trade show. b) Host concierge event.

As part of the agreement, the Manhattan Beach Chamber of Commerce is required to provide quarterly status reports to the City Council on the “Scope of Services” per Exhibit A of the subject agreement. James O'Callaghan, President/CEO of the Manhattan Beach Chamber of Commerce would like the opportunity to make a presentation and discuss the status report as provided in the attached Power Point presentation (Attachment 2).

CONCLUSION: Staff recommends that the City Council receive and file this report.

Attachments: 1. Agreement with the Chamber of Commerce FY2012-2013. 2. Chamber of Commerce Presentation

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Page 176 of 378 Page 177 of 378 Page 178 of 378 Page 179 of 378 Page 180 of 378 Page 181 of 378 Page 182 of 378 Page 183 of 378 Page 184 of 378 Page 185 of 378 Page 186 of 378 Page 187 of 378 Page 188 of 378 Manhattan Beach City Council April 2nd, 2013

Page 189 of 378  Create Partnerships with Local Community to Facilitate and Enhance Economic Development. ◦ Conduct town hall meetings to identify business development opportunities throughout city. ◦ Establish community programming focused on creating economic benefits for local business. ◦ Prepare leakage study and develop recommendations for properly aligning business needs. ◦ Host Economic Forum with business panels.

Page 190 of 378  In an effort to stream line communication met with individual groups rather than having large town halls. ◦ Working in ongoing manner with the Downtown Business Improvement District ◦ Met with North End Business Improvement District ◦ Offered to assist in the formation of Sepulveda BID ◦ Hosting Sepulveda open house April 11th at Manhattan Beach Country Club

Page 191 of 378  New site will have downtown shopping and dining features ◦ Calendar of events will pull from www.downtownmanhattanbeach.com ◦ Contain map and placement of downtown businesses  Preparing re-usable bags for Farmers Market. ◦ Will distribute 50 bags per week for ten consecutive weeks ◦ Bags will have logos and handouts for downtown businesses ◦ Assess effectiveness and establish program moving forward

Page 192 of 378  New site will have north end shopping and dining features ◦ Calendar of events will pull from www.northmb.info ◦ Contain map and placement of north end businesses  Help promote strolls and events  Assist with infrastructure ◦ Create efficiency ◦ Self managed finances

Page 193 of 378 Page 194 of 378 Page 195 of 378  Forums and Community Events ◦ Community Awareness Forum  Chevron, Manhattan Village, and LAWA will present information on proposed and current projects  May 8th Police and Fire Facility, 6:30-8:00 PM ◦ Business Development Workshops  Have held two and have two more scheduled  Economic Development Task Force ◦ Teams will go out quarterly and meet with 100 business  Series of questions focused on results and needs ◦ Chamber will deliver findings and recommendations to City Council  Formed the Hospitality Committee ◦ Initial meetings of the Art Walk Sub-committee ◦ Planning Dine Programming ◦ Exploring Movies on the Beach

Page 196 of 378  Gap Analysis Potential Taxable Sales ◦ Potential taxable sales $869,472,085 ◦ Total Taxable Sales $522,285,196  Retail Taxable Sales $387,403,657 Total Retail  Food & Drink Sales Gap $134,881,529 Sales ◦ Net Sales Gap $347,186,899  Retail Sales Gap $351,573,532 Food  Food & Drink Gap ($4,386,633) and Drink

Page 197 of 378 Leakage Surplus

 Auto Dealers  Full Service Restaurants $110,182,280 $21,165,265  Bldg. Materials & Garden  Clothing Stores $32,799,709 $15,603,851  Grocery Stores  Department Stores $31,937,721 $3,784,830  Gas Stations  Electronics & Appliance $47,780,232 $1,783,293   General Merchandise Books & Music $57,093,854 $1,372,807

Page 198 of 378  Working with Commercial Realtors recruit: ◦ Medium Box Supply Hardware such as:  Ace Hardware  Orchard Supply Hardware ◦ Small box grocers such as:  Sprouts  Fresh & Easy ◦ Encourage Development of Fuel Stations:  Redevelopment on Sepulveda  Engage Ralph’s about new fuel station model ◦ Support Re-development projects:  Manhattan Village  Educate Landlords on benefit of redevelopment zones  Develop pipeline of 20,000sq. Ft tenants  Explore additional city parking structures

Page 199 of 378  Recruit Commercial Realtors ◦ Discuss needs ◦ Develop plan of attack (types of retailers, open spaces)  Attend National and Regional Trade Shows ◦ National Retail Federation Convention  New York January 2014  Explore Potential Incentives ◦ Possible reduction in city tax for period ◦ Easing of restrictions ◦ Strengthening of zoning requirements in other areas

Page 200 of 378  Economic Forum ◦ September 25th, 2012 Manhattan Beach Marriott, moderated by Frank Mottek, KNX1070 ◦ Featured Panels:  Local Business Leaders:  Mike Simms, Simms Restaurant Group  Darrel Sperber, Manhattan Beach Toyota/Scion •Global Economic Leaders  Mike Zislis, Zislis Group •Don Mahoney, NAI Capital •Marty Shelton, NAI Capital •Rick Sowers, Bank of Manhattan

Page 201 of 378  Residential and Commercial Real Estate Leaders present on current trends and developments. ◦ June 6th, 2013 Manhattan Beach Marriott ◦ Two panels  Residential Real Estate, “Where are we headed”  Commercial Real Estate, “Finding THE location” ◦ Feature two keynote speakers  Nationally recognized developer  Local residential real estate leader

Page 202 of 378  Develop Manhattan Beach Visitors Bureau to promote the city as the premier destination in Southern California. ◦ Rebuild www.manhattanbeachchamber.com, to provide actionable information for visitors and businesses. ◦ Develop Manhattan Beach Destination Guide. ◦ Develop and distribute Manhattan Beach promotional material. ◦ Explore legal incorporation of Visitors Bureau.

Page 203 of 378  Total rebranding and redevelopment of website to include: ◦ One centralized community and events calendar ◦ Shopping and dining district maps ◦ Searchable online directory ◦ Shop, Play, and Dine sections ◦ Economic Development Tools ◦ One stop shop for how to open business in Manhattan Beach

Page 204 of 378 Page 205 of 378 Page 206 of 378

Page 207 of 378  Refreshed marketing piece used to sell the community and enhance visitor experience. ◦ Goes to print end of March ◦ Magazine feel to include advertorial vs. advertisement ◦ New fresh look targeted at consumers ◦ Wider distribution  20,000 copies vs. 12,500  Placed in:  LAX Hotels  California Welcome Centers  LAX

Page 208 of 378 Page 209 of 378  Promote and implement economic development of Manhattan Beach by increasing visits from business travelers and visitors. ◦ Increase transient occupancy tax revenues by attracting meeting and hotel business. ◦ Attend two or more industry trade shows. ◦ Host local concierge event to highlight local businesses and create partnerships with regional hotels. ◦ Develop welcome program as call to action for visitors.

Page 210 of 378  Los Angeles Small Business Expo ◦ November 8th, 2012, at California Market Center ◦ More than 300 vendors and presenters ◦ Developed over 100 leads ◦ Distributed more than 300 pieces of collateral  Pow Wow ◦ June 8-12, 2013 Las Vegas Convention Center ◦ More than 5,000 tour and travel professionals in attendance ◦ Over one hundred appointments scheduled ◦ Developed regional partnership of South Bay of LA, to include:  Hermosa Beach  Redondo Beach  Torrance

Page 211 of 378 Page 212 of 378  Spring Scavenger Hunt ◦ Bring area concierge in to discover new places ◦ Create buzz by visitation ◦ Partners include  Los Angeles Concierge Association  Gateway LA  Los Angeles Tourism and Convention Board  Hollywood Chamber of Commerce  Business Expo ◦ March 7th, at the Joslyn Center ◦ More than 40 local businesses ◦ More than 25 concierge and travel professionals in attendance ◦ 75+ Attendees from surrounding communities

Page 213 of 378 Page 214 of 378  Rebranding and Relocation of Women in Business Conference ◦ Now the Manhattan Beach Women in Business Conference ◦ Located at the Manhattan Beach Marriott ◦ Estimated 30% growth in Attendance ◦ Refocusing of Boutique  Now focused on business to business needs  Industry leading service providers ◦ Keynote Speakers to include:  Kathy Thomson, President and COO Los Angeles Times  Richelle Parhem, CMO EBay

Page 215 of 378  Started Manhattan Beach focused Business Expo ◦ First time in five years Manhattan Beach has held on their own ◦ Utilizing the Joslyn Center to highlight local business ◦ More than 40 local vendors and businesses ◦ 100 Attendees  25% from hospitality and DMO markets to attract business

Page 216 of 378  Broader Partnership with the city on Economic Development ◦ Assisting in revision of the master plan ◦ Serving as fiscal agents and administrative support for Business Improvement Districts ◦ Leading team of civic and private advocacy efforts on behalf of business ◦ Serve as clearing house and change agent for local business community ◦ Creation of Hospitality BID

Page 217 of 378  Develop 10 year collaborative plan ◦ Explore zoning and code enforcement  Economic Development Task Forces ◦ Assess and deliver recommendations to council  Regular discussion with City Council to include findings and recommendations ◦ From both task forces and community groups  Work with city and business community to prioritize public works projects ◦ Downtown Beautification Projects ◦ Sepulveda Corridor Improvements ◦ Seasonal Displays

Page 218 of 378  Serve as fiscal and administrative agent for: ◦ North End BID ◦ Sepulveda Corridor BID  Advantages ◦ Unites local business groups ◦ Reduces operational expense ◦ Keeps more focus on business development ◦ Removes Brown Act requirement ◦ Creates more focused city branding opportunities

Page 219 of 378 Page 220 of 378 Agenda Date: 4/2/2013

TO: Honorable Mayor and Members of the City Council

THROUGH: David N. Carmany, City Manager

FROM: Jim Arndt, Public Works Director Juan Price, Maintenance Superintendent

SUBJECT: Award of Contract for Three-Year Citywide Street Tree Inventory Services and Tree Trimming to West Coast Arborists (WCA), Inc. in the Amount Not-to-Exceed $390,000 (Estimated $130,000 Annually). APPROVE

______

RECOMMENDATION: Staff recommends that the City Council: a) Waive formal bidding per Municipal Code Section 2.36.150 (cooperative purchasing); b) Award a three-year contract for tree trimming and inventory services to West Coast Arborists, Inc. in the amount of $390,000 c) Authorize the City Manager to execute a contract with West Coast Arborists, Inc.

FISCAL IMPLICATIONS: Sufficient funds are budgeted in the Fiscal Year 2012-2013 Public Works budget for the remainder of current year expenses. Future annual costs will be incorporated into the annual budget development process.

BACKGROUND: During Fiscal Year 2011-2012, funds were allocated to perform an inventory of trees located within City maintained areas. City maintained areas include City facilities, parks, and street medians. City maintained trees do not include trees adjoining private property, commonly referred to as parkway trees. Per Municipal Code Section 7.32.50, the maintenance of parkway trees is the responsibility of the adjoining property owner.

Additionally, as part of the recently adopted City Council Strategic Plan, staff was directed to develop a tree master plan. A tree inventory is first phase of a tree master plan development. Information contained in tree inventories typically includes tree height,

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location, species, diameter, condition, and maintenance data. When fully developed, tree master plans contain a tree inventory, guidelines for tree trimming, tree removal, and tree replacement, a tree palette, a tree planting plan and a maintenance plan which would include regular updates to the tree inventory database. If approved, staff will return to City Council in July 2013 with the tree inventory for further discussion and direction.

The Public Works Department currently maintains City trees through two existing service contracts; Merchants Landscape Services, Inc. (landscaping) and CleanStreet, Inc. (plaza maintenance). Merchants Landscape maintains the majority of trees, while CleanStreet is responsible primarily for the Metlox Plaza, City Hall Plaza, and Streetscape areas. However, neither vendor’s services are tree specific nor are they tree maintenance specialists .

Within the specifications of our existing service contracts, the City may utilize Merchants Landscape and/or CleanStreet to trim trees less than 30 feet in height, once every two years. Their obligation is limited to addressing dead or damaged branches and disposal of fallen limbs within their respectively maintained areas. Neither contractor is required to provide a geocoded inventory nor do they report or track the historical condition nor maintenance history.

In addition, the City’s practice of trimming trees over 30 feet in height has always been separately negotiated with incumbent contractors and billed as a contract extra, which is done every three years. Currently, the City is overdue for year three trimming.

In order to comprehensively manage City maintained trees, staff was directed to develop an inventory of our tree stock. The resulting data would then be used to create maintenance schedules and corresponding budgets based upon tree species, growth rate, and reduce liability exposure. Once completed, the inventory can be integrated within our current GIS system and base maps.

DISCUSSION: Whenever practical, the City “piggybacks” onto contracts which are economically advantageous. Piggybacking is the extension of pricing, terms, and conditions to other governmental agencies at the mutual consent of all parties. This is permissible under the City’s Municipal Code, section 2.36.150. In this case, WCA has offered the City pricing from a 2010 City of Beverly Hills contract. They had solicited proposals from 20 tree service companies for comprehensive tree care services and received two responses. Tree care services include tree trimming, tree removal, new tree planting and establishment, and an online database-driven inventory. After thorough analysis, the contract was awarded to WCA based on their competitive pricing and professional reputation in this industry . While there are many tree service companies in Southern California, very few can provide the wide range of services required in the request for proposal. The benefits include comprehensive and cost-effective professional arbor care, experienced arborists, and an internet-based tree inventory providing historical details on dates of maintenance and the health of each tree.

WCA’s approach is to inventory all trees within the City’s maintenance scope, and submit tree information to their clients for further analysis and direction. The proposed contract with WCA will allow the City to essentially receive the tree inventory at no additional cost and allow application of current budget allocation to trimming. WCA estimates it will take them

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4-6 weeks to complete the inventory. After the inventory is complete, staff can return to the City Council with an extended tree maintenance plan based upon analysis of the provided inventory and recommendations of professional arborists versed in municipal tree maintenance.

For the current fiscal year, staff estimates that there are sufficient funds currently allocated within corresponding budgets to trim all trees in street medians, parking lots, water sites, and a portion of City parks. Once the inventory is completed, the inventory data will be updated and maintained on a continuous basis throughout the contract period. This will be used to develop future budget recommendations for tree maintenance and replacement.

CONCLUSION: Because of the pricing and structure of the competitive bidding process and resulting contract, staff believes that the pricing from the City of Beverly Hills contract is the best attainable that meets the City’s needs. Based on this available piggyback opportunity, staff recommends City Council authorize the City Manager to execute a contract with WCA. The contract period is for three years with options for two additional one-year periods. Staff is requesting that the City Manager be given the authority to exercise the option years based upon staff’s recommendation. The City may cancel the contract at any time without cause if necessary.

Attachments: 1. Agreement with West Coast Arborists, Inc. 2. Tree Trimming Contract Exhibit A attachments

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AGREEMENT BETWEEN THE CITY OF MANHATTAN BEACH AND WEST COAST ARBORISTS, INC. FOR TREE SERVICES

THIS AGREEMENT is made by and between the City of Manhattan Beach (hereinafter called "City"), and West Coast Arborists, Inc., a California corporation (hereinafter called "Contractor").

RECITALS

A. City desires to have certain services and/or goods provided as set forth in Exhibit A (the "Scope of Work"), attached hereto and incorporated herein.

B. Contractor represents that it is qualified and able to perform the Scope of Work.

NOW, THEREFORE, the parties agree as follows:

Section 1. Contractor's Scope of Work.

(a) Contractor shall perform the Scope of Work described in Exhibit A in a manner satisfactory to City and consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions.

(b) City shall provide Contractor with a project schedule that sets forth the cycle of when the work described in the Scope of Work shall be performed (i.e. trees to be pruned every x months, etc.) ("Project Schedule"). Contractor shall adhere to the Project Schedule provided by City. City in its sole discretion may amend the Project Schedule at any time during the term of this Agreement.

Section 2. Term of Agreement.

(a) The term of this Agreement shall commence on March 16, 2013 and terminate on December 31, 2016, unless extended or terminated by the City as set forth herein.

(b) The City Manager or his designee may extend the term of this Agreement for up to three additional one-year terms pursuant to the same terms and conditions of this Agreement.

Section 3. Compensation.

(a) Compensation

For the term of this Agreement and any subsequent term approved by City, City agrees to compensate Contractor and Contractor agrees to accept in full satisfaction for the services performed and items provided (i.e. tree stock), compensation

Page 224 of 378 based on the unit prices set forth in Exhibit B. The maximum amount of compensation provided to Contractor for each calendar year shall not exceed $130,000.

(b) Expenses

The unit prices set forth in Exhibit B includes reimbursement for all actual and necessary expenditures reasonably incurred in the performance of this Agreement (including, but not limited to, all labor, materials, delivery, tax, assembly, and installation, as applicable). There shall be no claims for additional compensation for reimbursable expenses.

City shall have the right, in its sole discretion, to require Contractor to perform additional services not included in Exhibit A, Scope of Work, modify the Scope of Work, and omit portions of the Scope of Work. All additional work shall be performed at the same unit prices listed in Exhibit B. If the rate for such work is not listed in Exhibit B, Contractor shall submit a fair cost estimate for the work to be performed in writing, which is subject to City's prior written approval. Contractor may perform such work once City has approved a change order in writing.

Section 4. Method of Payment. Unless otherwise provided for herein, Contractor shall submit to City a detailed invoice, on a monthly basis, for the services performed pursuant to this Agreement. Each invoice shall itemize the services rendered during the billing period and the amount due. Within 30 days of receipt of each invoice, City shall pay all undisputed amounts included on the invoice. City shall receive a two percent discount for payments received by Contractor within 20 days of the invoice date, as described in Exhibit B.

Section 5. Independent Contractor. The Parties agree, understand, and acknowledge that Contractor is not an employee of the City, but is solely an independent contractor. Contractor expressly acknowledges and agrees that City has no obligation to pay or withhold state or federal taxes or to provide workers’ compensation or unemployment insurance or other employee benefits and that any person employed by Contractor shall not be in any way an employee of the City. As such, Contractor shall have the sole legal responsibility to remit all federal and state income and social security taxes and to provide for his/her own workers’ compensation and unemployment insurance and that of his/her employees or subcontractors. Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor’s employees. Contractor shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. Contractor shall indemnify and hold harmless City and its elected officials, officers and employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from Contractor’s personnel practices. City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor’s failure to promptly pay to City any reimbursement or indemnification arising under this Section 5.

Page 225 of 378 Section 6. Assignment. This Agreement shall not be assigned in whole or in part, by Contractor without the prior written approval of City. Any attempt by Contractor to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect.

Section 7. Responsible Principal(s).

(a) Contractor's Responsible Principal, Patrick Mahoney, shall be principally responsible for Contractor's obligations under this Agreement and shall serve as principal liaison between City and Contractor. Designation of another Responsible Principal by Contractor shall not be made without prior written consent of City.

(b) City's Responsible Principal shall be the City Manager or his designee who shall administer the terms of the Agreement on behalf of City.

Section 8. Personnel. Contractor represents that it has, or shall secure at its own expense, all personnel required to perform Contractor's Scope of Work under this Agreement. All personnel engaged in the work shall be qualified to perform such Scope of Work.

Section 9. Permits and Licenses. Contractor shall obtain and maintain during the term of this Agreement all necessary licenses, permits and certificates required by law for the provision of services under this Agreement, including a business license.

Section 10. Interests of Contractor. Contractor affirms that it presently has no interest and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of the Scope of Work contemplated by this Agreement. No person having any such interest shall be employed by or be associated with Contractor.

Section 11. Insurance.

(a) Contractor shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:

(1) A policy or policies of Comprehensive General Liability Insurance, with minimum limits of Two Million Dollars ($2,000,000) for each occurrence, combined single limit, against any personal injury, death, loss or damage resulting from the wrongful or negligent acts by Contractor.

(2) A policy or policies of Comprehensive Vehicle Liability insurance covering personal injury and property damage, with minimum limits of One Million Dollars ($1,000,000) per occurrence combined single limit, covering any vehicle utilized by Contractor in performing the Scope of Work required by this Agreement.

(3) Workers' compensation as required by the state of California.

(b) Contractor shall require each of its sub-contractors to maintain insurance coverage which meets all of the requirements of this Agreement.

Page 226 of 378 (c) The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least a B+;VII in the latest edition of Best's Insurance Guide.

(d) Contractor agrees that if it does not keep the aforesaid insurance in full force and effect City may immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may take out the necessary insurance and pay, at Contractor's expense, the premium thereon.

(e) At all times during the term of this Agreement, Contractor shall maintain on file with the City Clerk a certificate or certificates of insurance on a form acceptable to the City, showing that the aforesaid policies are in effect in the required amounts. Contractor shall, prior to commencement of work under this Agreement, file with the City Clerk such certificate or certificates. The general liability and auto liability shall contain an endorsement naming City as an additional insured. All of the policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty (30) days prior written notice to City, and specifically stating that the coverage contained in the policies affords insurance pursuant to the terms and conditions as set forth in this Agreement.

(f) The insurance provided by Contractor shall be primary to any coverage available to City. The policies of insurance required by this Agreement shall include provisions for waiver of subrogation.

(g) Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, Contractor shall either reduce or eliminate the deductibles or self-insured retentions with respect to City, or Contractor shall procure a bond guaranteeing payment of losses and expenses.

Section 12. Indemnification. Contractor shall defend, indemnify, and hold the City, its elected officials, officers, employees, volunteers, agents, and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees”) free and harmless from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, bid protests, stop notices, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney’s fees, disbursements and court costs) of every kind and nature whatsoever (individually, a “Claim,” collectively, “Claims”), in any manner arising out of or incident to the performance of the Agreement, including without limitation, the payment of all consequential damages and attorneys’ fees and other related costs and expenses, except for such claim, liability or financial loss or damage arising from the sole negligence or willful misconduct of the City, as determined by final arbitration or court decision or by the agreement of the Parties. Contractor shall defend City, with counsel of City’s choice, at Contractor’s own cost, expense, and risk, and shall pay and satisfy any judgment, award, or decree that may be rendered against City. Contractor shall reimburse City for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Contractor or City. All duties of Contractor under this Section shall survive termination of this Agreement.

Page 227 of 378 Section 13. Performance Bond. Contractor shall be required to furnish City with a Faithful Performance Bond in the amount of 100% of the annual contract amount. The Faithful Performance Bond shall be furnished to City upon execution of the Agreement. The surety(ies) who provides the bonds must be authorized by the Insurance Commissioner to transact the business of insurance in the State of California. The bond must be submitted on a form approved by the City Attorney.

Section 14. State Law regarding Workers’ Compensation and Prevailing Wages. Contractor acknowledges the provisions of the State Labor Code requiring every employer to be insured against liability for workers’ compensation, or to undertake self-insurance in accordance with the provisions of that code and certifies compliance with such provisions. Contractor further acknowledges the provisions of the State Labor Code requiring every employer to pay at least the minimum prevailing rate of per diem wages for each craft, classification, or type of workman needed to execute this contract.

Section 15. Contractor’s License. Contractor shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect the licenses required by state and local law to perform the work required by this Agreement.

Section 16. Termination.

(a) City shall have the right to terminate this Agreement for any reason or for no reason upon five calendar days' written notice to Contractor. Contractor agrees to cease all work under this Agreement on or before the effective date of such notice.

(b) In the event of termination or cancellation of this Agreement by City, due to no fault or failure of performance by Contractor, Contractor shall be paid based on the percentage of work satisfactorily performed at the time of termination. In no event shall Contractor be entitled to receive more than the amount that would be paid to Contractor for the yearly performance of the services required by this Agreement. Contractor shall have no other claim against City by reason of such termination, including any claim for compensation.

Section 17. City's Responsibility. City shall provide Contractor with all pertinent data, documents, and other requested information as is available for the proper performance of Contractor's Scope of Work.

Section 18. Information and Documents. All data, information, documents and drawings prepared for City and required to be furnished to City in connection with this Agreement shall become the property of City, and City may use all or any portion of the work submitted by Contractor and compensated by City pursuant to this Agreement as City deems appropriate.

Section 19. Records and Inspections. Contractor shall maintain full and accurate records with respect to all matters covered under this Agreement for a period of ten (10) year(s). City shall have access, without charge, during normal business hours to such records, and the right to examine and audit the same and to make copies of transcripts therefrom, and to inspect all program data, documents, proceedings and activities.

Page 228 of 378 Section 20. Changes in the Scope of Work. The City Council hereby authorizes the City Manager the right to order, in writing, changes in the Scope of Work (including any additions or deletions to or from the Scope of Work) as long as the cost for the Scope of Work and the cost of any work required by change orders in total does not exceed the maximum yearly compensation set forth herein. Any changes in the Scope of Work requested by Contractor must be made in writing and approved by both parties. The cost of any change in the Scope of Work (unless otherwise set forth herein) must be agreed to by both parties in writing.

Section 21. Notice. Any notices, bills, invoices, etc. required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during the receiving party’s regular business hours or by facsimile before or during the receiving party’s regular business hours; or (b) on the second business day following deposit in the United States mail, postage prepaid, to the addresses set forth below, or to such other addresses as the Parties may, from time to time, designate in writing pursuant to this section.

If to City: City of Manhattan Beach 1400 Highland Avenue Manhattan Beach, California 90266 Attn: City Manager

If to Contractor: West Coast Arborists, Inc. 220 East Via Burton Street Anaheim CA 92806 Attn: Patrick Mahoney

Section 22. Attorneys’ Fees. If a party commences any legal, administrative, or other action against the other party arising out of or in connection with this Agreement, the prevailing party in such action shall be entitled to have and recover from the losing party all of its attorneys’ fees and other costs incurred in connection therewith, in addition to such other relief as may be sought and awarded.

Section 23. Entire Agreement. This Agreement represents the entire integrated agreement between City and Contractor, and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by a written instrument signed by both City and Contractor.

Section 24. Exhibits; Precedence. All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail.

Section 25. Entire Agreement. This Agreement represents the entire integrated agreement between City and Contractor, and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement may be amended only by a written instrument signed by both City and Contractor.

Page 229 of 378 Section 26. Governing Law. The interpretation and implementation of this Agreement shall be governed by the domestic law of the State of California.

Section 27. Venue. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Manhattan Beach.

Section 28. City Not Obligated to Third Parties. City shall not be obligated or liable under this Agreement to any party other than Contractor.

Section 29. Severability. Invalidation of any provision contained herein or the application thereof to any person or entity by judgment or court order shall in no way affect any of the other covenants, conditions, restrictions, or provisions hereof, or the application thereof to any other person or entity, and the same shall remain in full force and effect.

Section 30. Penalties. Contractor and City agree that if completion of certain services to be provided by Contractor under this Agreement as specified in Exhibit A and Exhibit B are delayed, not performed or performed in a manner outside of the specifications set forth herein, a penalty as described herein will be assessed each day that the service is not properly performed or not provided as required under the Agreement. This is in addition to City's other remedies allowed by law. When a penalty is assessed by the City, the City may deduct the amount from the current invoice or the Contractor may remit payment to the City within ten days of notification.

Page 230 of 378 Page 231 of 378 EXHIBIT A SCOPE OF SERVICES

The CONTRACTOR shall perform and/or provide the following services in accordance with this Scope of Services when requested by the CITY or as set forth in the CITY's approved Project Schedule. The General Specifications apply and CONTRACTOR shall adhere to such terms when performing the specific services set forth in the Project Schedule. The specific services are described in Section B "Technical Specifications." CONTRACTOR shall adhere to the terms of the Technical Specifications when providing services.

SECTION A: GENERAL SPECIFICATIONS

1. CONTRACTOR shall provide all labor, expertise, materials, and equipment necessary for the provision of CITY tree care services specified herein, which includes, but is not limited to, tree trimming, tree removal, stump grinding, tree planting, watering of young trees, maintenance of tree basins, repair of irrigation systems damaged during the pruning, removal or planting of trees, establishment of grass seed, grading and preparation of parkway areas for seeding and tree installation, identification of utility locations, traffic control, notification of customers by mail, entry of data into and maintenance of web based tree inventory and work history tracking system. These services are part of the unit prices set forth in Exhibit B and unless otherwise provided, no additional compensation is provided to CONTRACTOR for such services. CONTRACTOR shall also be required to report any condition that could pose a threat to the public or result in a poor aesthetic such as, but not limited to, low or hanging limbs, blocked traffic control devices or signage, and dead, dying or structurally deficient trees. Water utilized for the services under the Agreement shall be furnished by CITY.

2. CONTRACTOR shall complete all work to the satisfaction of and under the supervision of the Maintenance Superintendent or designated representative.

3. CONTRACTOR shall deliver a level of quality that is compatible with International Society of Arboriculture (ISA) standards, American National Standards Institute criteria and the standards and requirements described herein in providing tree services to ensure that trees in CITY receive the best possible care that results in a neat, clean and attractive appearance to trees and associated sites serviced under the terms of the Agreement.

4. CONTRACTOR shall provide service that ensures the safety of employees and the public while minimizing inconvenience to the public and disruption of traffic while working in CITY.

5. CONTRACTOR shall endeavor to maintain good public relations at its worksites and shall conduct its work in a manner which will cause the least possible interference with or annoyance to, the public.

6. CONTRACTOR shall during the term of the Agreement, hold valid State California Contractor’s Licenses C-61/049 and C- 27.

Page 232 of 378 7. CONTRACTOR shall comply with CONTRACTOR’s Quality Control Plan, attached as Attachment 1 to Exhibit A, throughout the term of the Agreement. The Quality Control Plan shall provide CITY with an effective and efficient means of identifying and correcting problems throughout the entire scope of services.

8. CONTRACTOR shall comply with CONTRACTOR’s Safety Manual, attached as Attachment 2 to Exhibit A that meets SB 198 requirements for injury and illness prevention.

9. CONTRACTOR shall maintain a local office staffed by a representative during regular work hours, which for purposes of this Exhibit shall be defined as Monday through Friday from 8:00a.m. to 4:00 p.m. (excluding holidays). Such representative shall be authorized to discuss matters pertaining to the Agreement.

10. Upon commencement of the Agreement, CONTRACTOR shall provide a list of emergency numbers for after-hours work to the Maintenance Superintendent. "After hours work" shall be defined as work performed outside regular work hours. CONTRACTOR shall have a tree service supervisor available by telephone on a 24-hour basis who is assigned to provide prompt attention to requests from CITY for emergency and after- hours tree service requests. The response time for emergency and after- hours work requests shall not be greater than one (1) hour. Response” shall be defined as mobilization of an adequately equipped crew that can effectively respond to a request for emergency service. CONTRACTOR shall deal with any tree related emergency situation ranging from limbs down on single trees to storm related damage to a large number of trees requiring the commitment and focus of significant resources and manpower for several days. Failure to respond to tree emergency and after-hours work requests within the specified time limits shall subject CONTRACTOR to the penalties described in the Penalty Schedule, Exhibit B.

11. Staff Qualifications/Appearance: All persons performing tree work on CITY trees shall be trained according to tree care standards accepted by the International Society of Arboriculture.

a. CONTRACTOR shall employ personnel qualified by reason of education, training and experience to perform the services specified in this Agreement.

b. Any person employed under this Agreement who fails or refuses to carry out the directions set forth under this Agreement or in the opinion of the Maintenance Superintendent is incompetent, disorderly; or uses threatening or abusive language or is otherwise unsatisfactory while performing work under the Agreement, shall be immediately removed from performing work under this Agreement and shall not again perform services under the Agreement except by written consent of the Maintenance Superintendent.

c. CONTRACTOR shall staff each project work site with a Supervisor who holds a current ISA (International Society of Arboriculture) Certified Arborist credential. All worksite supervisors employed by CONTRACTOR shall be fluent in written and spoken English, and possess adequate technical background to ensure that all work is accomplished with the special provisions of this contract.

d. All CONTRACTOR personnel engaged in the actual trimming of CITY trees

Page 233 of 378 shall hold, at minimum, a current ISA Certified Tree Worker credential. All other personnel (e.g. ground workers, traffic control staff) shall have received sufficient training so as to be capable of performing their functions in a safe and proficient manner.

e. CONTRACTOR's employees shall have:

i. Proper licenses and/or current certifications to operate equipment.

ii. A b i l i t y to operate and maintain equipment in accordance with manufacturer recommendations.

iii. Mechanical ability to make required operator adjustments to the equipment being used.

iv. Knowledge of safety regulations as they relate to tree care and traffic control. Traffic control shall be in accordance but not limited to the standards contained within the WATCH traffic control handbook, latest edition.

v. American Red Cross Standard First Aid Certification (minimum of one member of each crew).

vi. Ability to communicate orally and in writing in English. vii. Knowledge of tree care and related operations. f. CONTRACTOR shall provide a standard uniform for its personnel consisting of at least a collar shirt with buttons, complimenting pants, a belt and boots appropriate to the work. All shirts, jackets or safety vests shall be clearly marked with company identification and the name of the employee wearing the uniform. CONTRACTOR employees shall appear neat and well-groomed. No portion of the uniform may be removed while working. Employees not in uniform shall be immediately removed from the work area. CONTRACTOR employees shall wear ANSI 107 compliant safety vests at all times. Violations of uniform and/or safety apparel requirements shall subject CONTRACTOR to penalties as described in Exhibit B.

12. Notification:

a. At least seven (7) working days prior to the commencement of any non-- emergency work at any tree site, CONTRACTOR shall, by mailing, notice the occupant(s) of that property of the type of work that shall be performed and the anticipated time frame during which the work shall be performed. CONTRACTOR shall maintain a log of those notified and provide them in Excel 2012 format upon demand. .

b. At least seventy two hours (72) in advance of work, CONTRACTOR shall supply and post standardized signage on the trunk of the tree at the site work at which work is to be performed, with the signage clearly stating what type of work is to be done and what affect the work will have on parking availability at that particular site. Posting shall be affixed to the tree trunk using materials that do not cause damage to the tree. In the event that a tree trunk is not available for posting, CONTRACTOR shall affix the posting to a standard size safety cone and place that cone in the center of the parkway where a tree is to be planted or atop a

Page 234 of 378 stump that is scheduled for grinding. c. The use of door hangers, while allowed, shall not constitute a substitution for notifications delivered via US Post

Page 235 of 378 d. Beginning non-emergency work without notification shall subject CONTRACTOR to the penalties described in the Penalty Schedule, Exhibit B.

e. Postings shall not be left in place once work has been completed. Leaving postings on trees once work has been completed shall subject CONTRACTOR to the penalties described in the Penalty Schedule of Exhibit B.

f. The routine watering of young trees shall be exempt from these notification and posting standards.

13. Traffic control:

a. At no time shall CONTRACTOR commence or carry on with work that presents a hazard to pedestrians or vehicular traffic.

b. Prior to the commencement of, and for the duration of, any work in any area, CONTRACTOR shall be responsible for traffic control and safety regulations as related to any city, state or county requirements while working on streets, highways, medians and/or roadside strips. The design and operation of work zone traffic controls must comply with US Department of Transportation/Federal highway Administrative guidelines. All operations shall be conducted by CONTRACTOR to provide maximum safety for the public according to the most recent edition of the Work Area Traffic Control Handbook.

c. CONTRACTOR shall display standardized warning signage when staging or working in any area that is subject to pedestrian or vehicular traffic.

d. CONTRACTOR shall be responsible for the placement of "Sidewalk Closed" signage at the perimeter of any sidewalk or pathway that leads pedestrian traffic into the work zone.

e. Any operation that results in a blockage of, or produces debris which could enter into, vehicular traffic zones will require the use of a flag person equipped with, and using, a SLOW/STOP traffic paddle. Work in two way traffic zones will require the use of two (2) flag persons. The placement of a traffic paddle into a safety cone shall not be considered a substitute for the required flag person(s).

f. Where CONTRACTOR's work is in progress, each street shall remain open to local traffic at all times unless prior arrangements have been made and approved by the Maintenance Superintendent or designated representative and CITY's Traffic Engineer.

g. Violations of traffic control standards defined herein shall be subject to the penalties described in the Penalty Schedule of Exhibit B.

14. Wildlife protection:

a. Prior to the commencement of any work in the vicinity of any tree, each tree shall be visually surveyed, from all sides, for the sole purpose of detecting the presence of nests or wildlife of any type.

Page 236 of 378 b. CONTRACTOR shall cease work in a tree if a nest is found and is determined to be active, unless given written permission by the Maintenance Superintendent or designated representative.

c. At no time shall any nest or wildlife be moved from its location.

d. In the event that wildlife is accidentally displaced and needs assistance, CONTRACTOR shall notify the Public Works Department and the nearest appropriate animal rescue facility for assistance, as described in CONTRACTOR's exhibit entitled "Protection of Wildlife plan", attached as Attachment 4 to Exhibit A, for assistance.

15. Pre-inspection:

a. Prior to the commencement of any work in the vicinity of any tree, CONTRACTOR shall identify the location of utilities, irrigation components and/or any private property element(s) that could be compromised by any work activity. If identified, CONTRACTOR shall take appropriate action to protect same.

b. If, during the course of pre-inspection, CONTRACTOR identifies damage to private property or CITY property that exists before the onset of work, CONTRACTOR shall digitally photo-document and report such damage to the Maintenance Superintendent prior to commencing work in that area. Digital photo- documentation shall be time and date embedded. Any claim of damage that cannot be refuted by photo-documentation and log of report to the Maintenance Superintendent shall be considered the responsibility of CONTRACTOR.

16. Utility Operations: CONTRACTOR shall adjust work schedules when utility operations prevent maintenance during a specified time frame. No additional compensation shall be allowed for complying with these requirements.

17. Work in the vicinity of aerial utilities: All persons performing tree work on CITY trees in or around primary electrical lines shall be trained to do so according to the "Electrical Safety Orders: of the State of California, including all amendments and revisions.

18. Setup, Operations, Equipment and Staging:

a. CONTRACTOR shall setup, operate and stage in a manner that presents the least amount of disruption to residents, businesses, the public and traffic flow.

b. Outside of an emergency situation, at no time will multiple setups or equipment staging be allowed on both sides of a street within the same block.

c. Equipment shall never be stored or left unattended on a public street, CITY facility or private property.

d. The staging of equipment shall be bound by the work hour restrictions defined herein.

Page 237 of 378 19. Identification and reporting of hazards: While performing work of any type, the tree worker should inspect for any obvious hazards related to trees. All hazardous situations should be corrected or promptly reported to CITY. Any defective or weakened trees shall be reported to the Maintenance Superintendent or designated representative.

20. Work Site Conditions: The work area shall be kept safe at all times until all operations are completed. Under no circumstances shall the accumulation of brush, limbs, logs or other debris be allowed to pose a hazard to the public.

21. Access to Private Property: No employee of CONTRACTOR shall enter a fenced or otherwise secured area of private property without the consent of the property owner.

22. Site Cleanup:

a. CONTRACTOR shall remove branches, limbs, logs or any other debris resulting from any tree operations and clean the work site and all areas associated with the work site promptly upon completion of each task.

b. CONTRACTOR shall endeavor to prevent spillage on streets over which work or hauling is done, and any such spillage or debris deposited on street due to CONTRACTOR operations shall be immediately cleaned up.

c. During production trimming and removals, debris shall be removed from public rights of way and private property within one (1) hour of the completion of work on the tree from which the debris was generated.

d. CONTRACTOR shall cease work immediately if clean up equipment ceases to function or is not available (e.g. loader, roll off equipment, staff).

e. Rights of way shall not be used to stage unattended debris generated during regular work hours.

f. All lawn areas shall be raked, all streets/sidewalks shall be swept, and all brush, branches.

g. Areas are to be left in a condition equal to or better than that which existed prior to the commencement of tree operations.

h. No material is to be allowed to enter any storm drain.

i. Debris staged in parkway(s) due to a night time emergency response shall be clearly coned off and emergency taped off and shall be cleaned up to in conformance with the standards described in this Exhibit prior to 10:00 am the first business day after the emergency call out occurred.

j. If the volume of debris from a night time emergency exceeds the storage capacity of the parkway(s), CONTRACTOR shall make arrangements to remove the debris immediately.

k. Debris shall not be stored unattended in any portion of a traffic lane at night.

Page 238 of 378 I. All debris generated by CONTRACTOR in the performance of work shall become the property of CONTRACTOR after the time of site clean-up. CONTRACTOR shall dispose of all generated debris at no additional cost to CITY and shall dispose of debris as is consistent with the requirements of AB 939.

m. Failure to comply with site cleanup requirements shall subject CONTRACTOR to the penalties described in Exhibit B.

23. Record keeping:

a. CONTRACTOR shall provide and operate, at no cost to CITY, a computerized tree inventory system that is capable of uploading historic data and that is compatible with the current CITY inventory system (web-based SQL Server 2008). This system shall be password accessible twenty four (24) hours each day of the year via the internet. Historic tree inventory and work history data, to be provided by CITY, shall be uploaded and operational within Contractor's tree inventory system prior to the commencement of any tree service work under the terms of this contract.

b. CONTRACTOR shall update and maintain the tree site specific, internet accessible, computerized tree inventory system to reflect changes in baseline data (e.g. species, height, DBH) and to record the date, cost and crew identity for any trimming, removal, planting or emergency response work that occurs at any tree site at which tree work is performed. The system shall be upgraded to reflect the removal and replacement of trees, as well as the addition of trees to the inventory. The system shall be capable of maintaining and displaying all past and future work histories for any and all tree sites in the inventory, both individually and collectively by query.

c. All aspects of the tree inventory system including, but not limited to, data entry, system maintenance, system hardware and/or software upgrades and server security and stability shall be the responsibility of CONTRACTOR and shall be provided at no cost to CITY. The system shall not be proprietary in the nature of its function and shall operate and interface with common computer software and web based applications, including the ability to export data into common spreadsheet applications. Failure to meet and maintain the requirements for the computerized tree inventory system shall be grounds for termination of the Agreement.

d. Tree site/task specific hardcopy backup data for any work that has occurred during a billing cycle shall accompany the invoicing for that period and shall be accessible for review on the internet based computerized tree inventory system prior to the submittal of invoicing for that work. Invoicing for work that does not meet the requirements defined herein will not be processed for payment until such time as the requirements have been satisfied.

24. Protecting the integrity and value of the urban forest. If, at any time, CONTRACTOR is unclear on what course of action to follow in the field, CONTRACTOR shall consult with an Urban Forest Inspector. CONTRACTOR shall never take an action that will result in the permanent disfigurement of structures or trees. Disfigurement of trees/structures shall subject CONTRACTOR to penalties as described in Exhibit B.

Page 239 of 378 25. Working Hours.

a. A "Normal Work Zone" shall be defined as a residential or low traffic volume street. CONTRACTOR’s regular work hours for Normal Work Zones shall be limited to the hours between 8:00AM and 4:00PM Monday through Friday, excluding recognized holidays. Deviation from regular work hours in Normal Work Zones shall not be allowed without prior written consent of the Maintenance Superintendent.

b. A "Special Work Zone" shall be defined as a business area or high volume traffic street such as Sepulveda Blvd, Manhattan Beach Blvd, Highland Ave, Rosecrans Ave and the Streetscape area or where night work is required. Work will only be allowed during the night or on Sundays in Special Work Zones during times set by the Maintenance Superintendent or designated representative.

26. Night Work.

a. When working at night CONTRACTOR shall provide adequate lighting which allows for safe and proper performance of work, as well as inspection of same.

b. While working at night, CONTRACTOR shall minimize the impact of noise upon neighbors.

c. CONTRACTOR shall not use chainsaws for work performed at night unless it is an emergency situation.

27. Contractor’s Equipment.

a. All equipment used and all maintenance practices employed shall be subject to the inspection of the Maintenance Superintendent or designated representative and shall meet safety and functional requirements. All equipment must be maintained in a good state of repair. All safety guards shall be in place. No equipment shall leak oil or fluids. Equipment drive belts and hoses shall be in good repair and show no sign of fraying. No equipment shall present any potential danger to the operator, co-workers, passing motorists or pedestrians. Failure to comply with this provision shall be cause to have the equipment removed from the job site.

b. CONTRACTOR shall maintain a sufficient inventory of equipment so as to complete work as specified. An inventory of CONTRACTOR's equipment is attached as Attachment 3 to this Exhibit A. This inventory shall include the brand name, model number, weight and capacities of all equipment to be used in the performance of the Agreement. All equipment shall be approved by CITY prior to commencement of services.

c. CONTRACTOR shall notify the Maintenance Superintendent or designated representative of any change in the equipment inventory during the performance of the Agreement. This notification shall be in the form of an updated equipment inventory list, presented in the form of a memorandum on dated company letterhead. When provided and approved by the CITY, it shall be made a part of this Agreement as if fully set forth herein and shall replace the previous inventory

Page 240 of 378 list. Failure to comply with this provision will be grounds to remove CONTRACTOR from the job site until such time as equipment inventory discrepancies are addressed to be compliant with the inventory list set forth in Attachment 3 or equivalent list approved by CITY.

d. CONTRACTOR shall not park or store equipment or materials overnight at any CITY work site.

e. All CONTRACTOR vehicles and equipment operating under this Agreement shall be clearly marked with CONTRACTOR’S identification.

f. CONTRACTOR shall make annual submissions of current OSHA certification of all aerial equipment and the most recent California Highway Patrol Commercial Vehicle Inspection report for equipment to be used throughout the term of the Agreement.

28. Authority and Inspections. The Maintenance Superintendent's authorized representatives shall at all times have access to the work site and shall be furnished with every reasonable facility for acquiring full knowledge with respect to the progress, workmanship and character of materials used in the work. Whenever CONTRACTOR varies the period during which work is carried out, CONTRACTOR shall give due notice to the Maintenance Superintendent so that property access for inspection may be provided. CONTRACTOR shall comply with any instructions given by the Maintenance Superintendent’s representative upon inspection of the work.

29. Questions. CONTRACTOR questions regarding the performance of the work shall be directed to the Maintenance Superintendent.

30. Alterations, modifications or deviations from the work described in the scope of services by CONTRACTOR shall be subject to the prior written approval of CITY. In such event, any necessary price adjustments shall be made by mutual consent of the parties.

31. Inspection of work. CITY's Public Works Department Maintenance Superintendent, shall inspect work during the performance of work or when deemed necessary. Any work found not to be acceptable will be noted in writing and shall be subject to the penalty provisions and schedule set forth in the Penalty Schedule of Exhibit B.

32. Work Deficiencies.

a. CITY shall notify CONTRACTOR in writing of any deficiencies in work. CONTRACTOR shall make a reasonable and good faith effort to correct the deficiencies within a reasonable period not to exceed three (3) days from notification. After this time period, if unacceptable conditions still exist, CITY has the right to terminate the Agreement or deduct payment as is proportionately appropriate for non-compliance with the specified provisions of the Agreement.

b. All work which CITY determines is defective or deficient shall be removed and replaced by CONTRACTOR in a manner acceptable to CITY at CONTRACTOR's own expense.

Page 241 of 378 c. If any portion of the work performed under the Agreement proves defective or not in accordance with the specifications, and the deficiency, as determined by CITY, does not make the work dangerous or undesirable, the Maintenance Superintendent shall have the right and authority to retain the work, but may make deductions in the payment due CONTRACTOR as is proportionately appropriate for the deficiency.

33. Risk Management.

a. Tree work is a controlled task. At no time shall CONTRACTOR perform work in a manner so as to result in a loss of control incident (e.g. free-falling large limbs or trunk sections, hinge cutting to avoid use of ropes/hoisting equipment, lack of safety apparatus/equipment guards, improper use/loading of equipment).

b. Failure to maintain such controls shall subject CONTRACTOR to penalties as described in Exhibit B. In addition to such penalties, CONTRACTOR shall be responsible for the mitigation of any damage related to a loss of control incident at CONTRACTOR’s sole cost and expense.

34. Accidents, Injuries.

a. CONTRACTOR shall conduct all work outlined in the Scope of Services in such a manner as to meet all accepted standards for safe practices during the maintenance operation and to safely maintain stored equipment, machines and materials or other hazards consequential or related to the work; and agrees to accept the sole responsibility for complying with all CITY County, State or other legal requirements including, but limited to, full compliance with the terms of the applicable OSHA and CAL EPA Safety Orders at all times so as to protect all persons, including Contractor employees, agents of CITY, vendors, members of the public or others from injury or damage to their property.

b. CONTRACTOR shall cooperate fully with CITY in the investigation of any accident, injury or death occurring on CITY property including a complete written report to the Maintenance Superintendent within 24 hours following the incident.

c. Property Damage.

i. Should any structure or property be damaged during tree operations, CONTRACTOR shall immediately notify CITY and owners or authorities.

ii. Repairs to property damaged by CONTRACTOR shall be made within forty eight (48) hours.

iii. In the event of damage to utility lines, CONTRACTOR shall report the damages to utility and make arrangements for the utility to make repairs.

iv. Repairs on private property shall be made in accordance with the appropriate building code under permits issued by CITY.

Page 242 of 378 v. Any damage caused by CONTRACTOR shall be repaired or restored at CONTRACTOR’s expense to a condition similar or equal to that existing before such damage, or CONTRACTOR shall repair such damage in a manner acceptable to the Maintenance Superintendent.

vi. CONTRACTOR shall repair any damage as directed by CITY that CONTRACTOR incurs to sprinkler systems in City parkways within 24 hours so as to minimize damage to affected lawns.

vii. CONTRACTOR shall notify the Maintenance Superintendent immediately of any utility that is disturbed or damaged.

35. Insecticides, Herbicides, Fungicides. At no time shall CONTRACTOR use, store or transport any insecticide, herbicide or fungicide in the City of Manhattan Beach without the prior written consent of the Maintenance Superintendent. Violation of this chemical use policy will be subject to penalties as described in Exhibit B and can result in the termination of the Agreement.

36. Gasoline Powered Blowers. The use of gasoline powered blowers (handheld, backpack) is prohibited at all times within CITY. Violation of this policy shall subject CONTRACTOR to penalties as described in Exhibit B.

SECTION B. TECHNICAL SPECIFICATIONS

The following Section contains descriptions and technical specifications for the detailed services and materials which will be necessary to provide services under this Agreement.

The following specifications shall be adhered to regardless of tree being serviced and/or the type of service being performed including, but not limited to, tree pruning, tree removal, stump grinding, tree planting, tree watering, repairs or record keeping related to any tree activity.

1. Hardwood Tree Pruning

Any tree work performed on a CITY tree must be done according to CITY's specification. The criterion for pruning varies based on the type or purpose of pruning.

a. Full Prune: A Full Prune is performed when conditions within the crown of a hardwood tree are such that the entire tree needs to be fully pruned. Complete pruning is recommended when the primary objective is to maintain or improve tree health and structure, and includes safety pruning. Full Pruning should consist of one or more of the following pruning types:

i. Crown Cleaning: Crown Cleaning or cleaning out is the removal of dead, diseased, crowded, weakly attached and low-vigor branches and water sprouts from the entirety of the tree crown. Care must be used to avoid stripping branches of all foliage at the interior of the tree crown. This practice, known as "lion tailing", disrupts the structurally integrity of the tree, making it subject to limb and branch failure, especially during high winds.

Page 243 of 378 ii. Crown Thinning: Crown Thinning includes crown cleaning and the selective removal of branches to increase light penetration and air movement into and through the crown. Increased light and air stimulates and maintains interior foliage, which in turn improves branch taper and strength. Thinning reduces the wind-sail effect of the crown and the weight of heavy limbs. Care must be used to avoid stripping branches of all foliage at the interior of the tree crown. Thinning the crown a can emphasize the structural beauty of trunk and branches as well as improve the growth of plants beneath the tree by increasing light penetration. When thinning the crown of mature trees, seldom should more than one- fourth of the live foliage be removed.

iii. Crown Reduction: Crown Reduction is used to reduce the height and/or spread of a tree. Crown reduction varies from topping, a destructive practice, in that cuts are not made indiscriminately, resulting in large stubbed off limbs that are subject to decay. While reducing a crown, tree workers must adhere to basic tree trimming practices involving limb/branch size relationships and use of the branch bark collar in avoiding the onset of decay at cut sites.

iv. Crown restoration: Crown Restoration is a corrective pruning used as a means to restore the form of crowns that have been previously damaged by storms or poor pruning practices. This treatment is best performed by tree workers who have a good understanding of the effects of pruning on the development of tree crowns.

b. Crown Raising/Safety Prune: A Crown Raising or Safety Prune is performed when conditions within the crown of a hardwood tree are such that a certain objective needs to be met or a certain condition needs attention. A crown raising or safety prune does not involve the detail of work found in a full prune. Crown raising or safety pruning may consist of one or more of the following pruning types:

i. Crown Raising: Crown Raising consists of removing the lower branches of a tree in order to provide clearance for buildings, vehicles and pedestrians. It is important that a tree have at least one-half of its foliage on branches that originate in the lower two-thirds of its crown to ensure a well-formed, tapered structure and to uniformly distribute stress within the tree.

ii. Safety Prune: Safety prune is employed as a means of eliminating potentially hazardous limbs (dead/dying) from the crown of a hardwood tree when an entire pruning of the tree is not warranted. Safety pruning does not involve the fine detail work described herein as "full prune".

2. Specifications for hardwood tree pruning: the specifications for the pruning of hardwood trees are as follows:

a. Consult with the Maintenance Superintendent before making any cut that would result in permanent disfigurement of the structure of a tree.

Page 244 of 378 b. Trees shall be pruned so as to prevent branch and foliage interference with safe public passage. Over-street clearance shall be kept to a minimum of thirteen feet six inches (13.5 ft.) above the paved surface of the street and six feet nine inches (6.75 ft.) above the curb and surface of a public sidewalk or pedestrian way. Exceptions are allowed for young trees, which would be irreparably damaged by such pruning action. If pruning to these standards would result in permanent disfiguration of a tree, CONTRACTOR shall not prune the tree until such time as direction is obtained from the Maintenance Superintendent or designee.

c. When removing a live branch, pruning cuts should be made in branch tissue just outside the branch bark ridge and collar, which are trunk tissue. If no collar is visible, the angle of the cut should approximate the angle formed by the branch bark ridge and the trunk.

d. When removing a dead branch, the final cut should be made outside the collar of live callus tissue. If the collar has grown out along the branch stub, only the dead stub should be removed, the live collar should remain intact and uninjured. e. Whenever pruning involves the removal of limbs that are too large to hold securely in one hand during the cutting operation, the limb shall be cut off first at a point several feet beyond the intended final cut. The final cut shall be made in a manner to prevent unnecessary tearing back of the bark and wood. Cuts that result in tearing of tissue on limbs below cuts shall be penalized as described within Part Seven (7). f. All final tree pruning cuts shall be made in such a manner so as to favor the earliest possible covering of the wound by natural callus growth. Excessively deep flush cuts, which produce large wounds or weaken the tree at the cut, shall not be made. The branch collar should not be removed. g. All dead and dying branches and branch stubs that are one-half (1/2) inch diameter or larger shall be removed. h. All broken or loose branches shall be removed. i. Those branches that are developing in such a manner as to become larger than the limbs they originate from shall be removed. j. When encountering limbs that are weighted with more foliage than the limb is likely to support, selectively prune branches toward the end of the limb in order to reduce end weight and thus decrease the likelihood of limb failure. k. Selectively prune branches that create sight line conflicts with traffic control signs and/or devices.

I. Selectively prune branches that are within five (5) feet of a structure. m. Clear trees of sprout or sucker growth to a minimum height of ten (10) feet above ground level. Exceptions are allowed for young trees, which would be irreparably damaged by such pruning action.

Page 245 of 378 n. Prune so as to maintain a balanced appearance when viewed from the opposite side of the street immediately opposite the tree, unless authorized by the Maintenance Superintendent to do otherwise.

o. Remove all vines entwined in trees and on tree trunks. Vine tendrils shall be removed without injury to trees.

p. Tree limbs shall be removed and controlled in such a manner as to cause no damage to other parts of the tree, or to other plants or property.

q. All tools used on a tree known to contain an infectious tree disease shall be properly disinfected immediately before and after completing work on such tree.

r. All major pest problems shall be promptly reported to CITY.

s. All cutting tools and saws used in tree pruning shall be kept sharpened to result in final cuts with an un-abrasive wood surface and secure bark remaining intact.

t. All trees four (4) inches in diameter or less shall be pruned with hand tools only.

u. Chain saws will not be permitted to remove any branches two (2) inches or less in diameter. This is to prevent any unnecessary abrasions to cambial tissue that may predispose a tree to insect and/or future disease/decay problems.

v. Any extraneous metal, wire, rubber or other material interfering with tree growth shall be removed when possible.

w. The use of climbing spurs or spike shoes in the act of pruning trees is prohibited, unless specifically directed by CITY to aid in the safety of climbers performing the removal of a tree.

x. Gas powered chainsaws shall only be used for emergency situations; pruning cuts over 4" in diameter and tree removals unless permission is granted, in writing, by the Maintenance Superintendent or designated representative.

3. Palm Tree Pruning

Any tree work performed on a CITY tree must be done according to CITY's specification. The criterion for pruning varies based on the type or purpose of pruning.

Palm Prune: Palm Pruning consists of maintaining the crowns and trunks of palm trees including the pruning of spent or declining fronds, seed pods and the skinning or shaping of spent petiole bases into a ball or nut as applicable by palm type.

4. Specifications for palm tree pruning: the specifications for the pruning of palm trees are as follows:

a. While making an approach to the palm crown for pruning, CONTRACTOR shall inspect the trunk of the palm tree for signs of decay, insect frass, bird nesting or any other condition suggestive of a structural abnormality. Upon finding any

Page 246 of 378 condition suggestive of a structural abnormality of the palm stem, CONTRACTOR shall report to the Maintenance Superintendent immediately.

b. Fronds shall be trimmed using a handsaw or pole saw that has been sterilized for no less than five (5) minutes by having the entirety of its cutting blade submersed in an equal solution of bleach and water before and after the handsaw is used to cut the fronds of any other palm tree. At no time shall a chainsaw be used to prune any frond from any palm tree in the City of Manhattan Beach. The use of chainsaws to prune any frond from any palm tree will result in the penalties described in Exhibit B. Live, healthy fronds, initiating at an angle of 90 degrees or greater from the horizontal plane, shall not be removed. Fronds removed should be cut close to the petiole base, taking into consideration the role of petiole bases in the formation and maintenance of the ornamental ball or nut, as applicable by species. Live trunk tissue should never be cut while pruning palm fronds. c. Using properly sterilized equipment as described herein, any fruit or flower structures in the crown of the palm shall be removed concurrently with frond pruning. At no time shall a chainsaw be used to cut any fruit or flower from any palm tree in CITY. Failure to adhere to this standard will result in the penalties described in Exhibit B. Care shall be taken in the handling of fruit and flowers as they are likely to release clear liquids that react with, can cause staining to, hardscape elements. CONTRACTOR shall be responsible for removing palm fruit related stains from private property hardscape elements. d. Maintenance of the ornamental ball or nut, located at the upper portion of the palm trunk, directly below the live fronds, shall be as described by species as follows:

Phoenix canadensis (Canary Island Date Palm): spent petiole bases shall be formed into an ornamental ball which begins directly below the lowest green fronds and acts to provide a base of support to the palm crown. This ornamental ball shall be uniform and smooth in appearance and shall extend no less than four (4) and no more than eight (8) feet below the lowest live frond in the crown. Ornamental balls with flattened or "stop sign" sides will not be accepted. The upper portion of the ornamental ball shall not taper in, resulting in a "pineapple" appearance as this treatment defeats the support capacity of the ball. The distal portion of the ball shall begin at a point flush with the periphery of the palm trunk and make a gradual taper upwards until it reaches the periphery of the shaped ornamental ball. While forbidden to use chainsaws for pruning fronds, fruit and flowers from any palm tree in the City of Manhattan Beach, CONTRACTOR may use a chainsaw in forming and/or shaping the ornamental ball of a Canary Island Date Palm. The use of a sharpened shovels in shaping and maintaining ornamental balls often results in ornamental balls which have flat, untapered bottoms that are likely to relax and collapse into pedestrian and vehicular traffic zones with grave consequences. CONTRACTOR shall use care not to cut into live trunk tissue while maintaining the ornamental ball. CONTRACTOR shall remove any foreign plant material that has sprouted in an ornamental ball. CONTRACTOR shall verify that the ornamental ball meets the standard described herein each time a Canary Island Date Palm is pruned.

Page 247 of 378 Phoenix dactylifera (Date Palm): spent petiole bases are left to form a supportive "nut" below the lowest green fronds of the crown. Unlike the ornamental ball of a Phoenix canariensis (Canary Island Date Palm), the nut does not require ornate shaping. Instead, spent petiole bases are left uniformly long to form the nut, which shall extend no less than four (4) and no more than six (6) feet below the lowest live frond in the crown. While forbidden to use chainsaws for pruning fronds, fruit and flowers from any palm tree in the City of Manhattan Beach, CONTRACTOR may use a chainsaw in forming and/or shaping the nut of a Date Palm by shortening a number of the lower petiole bases to bring the length of the nut to standard. CONTRACTOR shall use care not to cut into live trunk tissue while maintaining the nut. CONTRACTOR shall verify that the nut meets the standard described herein each time a Date Palm Island Date Palm is pruned.

Syagrus romanzoffianum (Queen Palm): loose petiole bases are to be removed each time the crown of a Queen Palm is serviced. Petiole bases that are attached to live trunk tissue shall be left undamaged.

Archontophoenix cunninghamiana (King Palm): loose petiole bases are to be removed each time the crown of a King Palm is serviced. Petiole bases that are attached to live trunk tissue shall be left undamaged.

Washingtonia robusta (Mexican Fan Palm): spent petiole bases are left uniformly long to form a nut which shall extend no more than four (4) feet below the lowest live frond in the crown. Using hand tools, CONTRACTOR shall skin the trunk area below the nut clean without causing damage to live trunk tissue. CONTRACTOR shall verify that the nut meets the standard described herein each time a Mexican Fan Palm is pruned.

Washingtonia filifera (California Fan Palm): spent petiole bases are left uniformly long to form a nut which shall extend no more than eight (8) feet below the lowest live frond in the crown. Using hand tools, CONTRACTOR shall skin the trunk area below the nut clean without causing damage to live trunk tissue. CONTRACTOR shall verify that the nut meets the standard described herein each time a California Fan Palm is pruned.

5. Tree Removal

Any tree work performed on a CITY tree must be done according to CITY's specification.

Tree Removal: Tree removal consists of the removal of the entirety of a hardwood tree or palm tree and the removal of its root system by grinding.

6. Specifications for tree removal: the specifications for tree removal are as follows:

a. CONTRACTOR shall comply with all general specifications standards described herein.

b. The diameter price given by CONTRACTOR for tree removals shall be inclusive of all staff, materials and equipment necessary to remove trees as described herein.

Page 248 of 378 c. As stated previously herein, CONTRACTOR shall identify the location of all utilities and private property landscape irrigation components prior to the removal of a tree and its root system. CONTRACTOR shall notify the Maintenance Superintendent or designated representative, in writing, of any condition that prevents the removal of a tree and/or the grinding of its root system. CONTRACTOR shall take all responsibility for any damage that occurs once the process of removing a tree and/or associated root grinding begins.

d. CONTRACTOR shall comply with wildlife protection standards described in Attachment 2.

e. CONTRACTOR shall not remove any tree without first confirming that the tree being considered is indeed the tree to be removed. Any confusion should be resolved by contacting the Maintenance Superintendent for assistance. The errant removal of trees shall be penalized as is described in Exhibit B.

f. During a tree removal, CONTRACTOR shall maintain control of the tree and its parts at all times, which shall include the selection and use of proper techniques and equipment. At no time shall branches, limbs or tree trunks be allowed to free-fall and create damage of any type. Loss of control incidents shall be penalized as is described in Exhibit B.

g. Cranes and other rigging equipment shall be properly certified, with evidence of such available for inspection prior to use of said equipment in CITY. Crane operators shall be certified by Commission for the Certification of Crane Operators (NCCCO) and shall be prepared to display current certification prior to operating a crane in CITY. The use of cranes and certified operators shall not result in additional charges to CITY and is part of the unit price set forth in Exhibit B for the specific service.

h. While loading and handling debris, CONTRACTOR shall maintain control at all times so as not to result in damage to the public rights or way or private property. In addition, CONTRACTOR shall not drop logs or trunks so as to create undue noise or impact shock related damages to public and/or private property. i. Stumps, including the root flare shall be ground to a depth of no less than eighteen (18) inches. Surface roots shall be traced and ground to a depth of no less than eight (8) inches. Debris generated by stump grinding and root removal shall be removed from the site and replaced with a topsoil mix. Chip shall not be used as a backfill material. j. Clean up after a tree removal and/or stump grinding shall include the repair of any barren areas or divots created during the tree removal by filling with topsoil and seeding with a fescue turf grass seed. Seed shall be covered by one quarter (1/4) inch topdressing of well decomposed organic fines. This is part of the unit price provided for the service and no additional compensation is provided. k. CONTRACTOR shall be responsible for the repair of any private property irrigation system components damaged during a tree removal or stump grinding. Repairs shall be made using components matching those that were damaged.

Page 249 of 378 I. CONTRACTOR shall inspect for, and correct, any settling that has occurred at any tree removal site for a period of no less than six (6) months after the tree removal/stump grinding has been completed. Correction is defined to include the restoration of a smooth and even grade to the parkway and the seeding and topdressing of barren areas related to the tree removal site as specified previously herein.

7. Tree Planting

Any tree work performed on a CITY tree must be done according to CITY's specification.

Tree Planting: Tree planting consists of the installation of nursery stock container or palm trees supplied by CONTRACTOR.

8. Specifications for tree planting: the specifications for tree planting are as follows:

a. CONTRACTOR shall comply with all general specifications standards described herein.

b. CONTRACTOR shall identify the location of all utilities and private property landscape irrigation components prior to the planting of any tree. CONTRACTOR shall assume full responsibility for any damage that occurs during the planting of any tree.

c. CONTRACTOR shall supply quality nursery stock which is fully rooted and representative of recognized standards for size and quality of the material being planted. Brown trunk height (BTH) for palm trees shall be measured from the top of root ball to the lowest green frond attached to the trunk at an angle of ninety (90) degrees.

d. Planting stock shall be well watered prior to shipping and covered for the duration of transport. Trees that are delivered uncovered, with a dry or fractured root ball or with broken scaffold limbs will be rejected. Root bound material will be rejected. Palms that are delivered uncovered, with a dry root ball or with a soilless root ball will be rejected.

e. CONTRACTOR shall not begin excavation for the planting of a tree without first confirming that the planting site being considered is indeed the site intended for the planting of a tree. Any confusion should be resolved by contacting th e Maintenance Superintendent for assistance. In excavating planting pits, CONTRACTOR shall not excavate deeper than the depth of the root ball of the tree being installed. The bottom of the planting pit shall be compacted sufficiently so that the planted tree will not settle below top of root ball grade standards defined herein. As the width of the parkway allows, CONTRACTOR shall excavate the planting pit to be two (2) times the width of the root ball of the nursery stock being planted.

f. All nursery containers and box sides shall be removed from tree root balls prior to planting. CONTRACTOR shall not install trees with box bottoms left on. All container debris (e.g. strapping, box fragments, nails) shall be removed from the planting pit prior to backfilling.

Page 250 of 378 g. CONTRACTOR shall install the tree or palm so that the top of root ball is two (2) inches above top of curb so that the trunk flare is completely exposed. In the event that there is no curb (i.e. park site), CONTRACTOR shall install the tree or palm so that the top of root ball is two (2) inches above surrounding grade. CONTRACTOR shall not resort to cutting or trimming the root ball as a means of meeting grade standards.

h. CONTRACTOR shall backfill hardwood tree plantings with an equal mix of excavated soil and topsoil. The topsoil portion of the backfill mix shall contain no more than ten (10) percent well decomposed organic fines.

i. CONTRACTOR shall backfill palm plantings with one hundred (100) percent washed mortar (plaster) sand.

j. While backfilling, CONTRACTOR shall cease backfilling when the planting pit is one half (1/2) full and apply water to remove air pockets from the backfill. Once the water has drained, CONTRACTOR shall resume backfilling the planting pit. A watering basin shall be constructed in a uniform circle and shall extend from the center of the tree trunk to six (6) inches beyond the edge of the root ball. The top of the watering basin shall be graded and maintained uniformly with the upper edge of the basin maintained at a grade of four (4) inches above the root flare of the tree.

k. CONTRACTOR shall be responsible for the stability of planted trees. The nursery stake stall be removed from the trunk of the tree (as applicable) and the tree shall be double staked using two (2), two (2) inch lodge pole stakes of a length sufficient to be installed beyond the depth of the planting stock root ball and to extend to the lowest branches of the installed tree's crown. The stakes shall be installed an equal distance from the trunk of the tree and shall be installed perpendicular to the street or sidewalk and shall be installed so that one stake is orientated to be one hundred eighty (180) degrees opposite the other. The root ball shall not be damaged by the installation of stakes. The stake shall not be in contact with any aerial part of the tree. The trunk of the tree shall be attached to the stakes using Century Universal Tree Ties (or CITY approved equivalent) installed as per manufacturer’s specifications.

I. Upon completion of the planting of a tree, CONTRACTOR shall seed and top dress any barren areas within ten (10) feet of the center of the trunk of the tree. The seed shall be a tall fescue turf grass type applied at a rate of one (1) pound per one hundred (100) square feet. The seed shall be top dressed with well- decomposed organic fines, spread evenly with a topdressing roller, at a depth of one eighth (.125) inch. Use of manure, native soil or chip topdressings shall not be allowed. CONTRACTOR shall include seed establishment information for the property owner in the mailed notification prior to every tree planting. This is part of the unit price for the service and no additional compensation is provided. m. CONTRACTOR shall not use hoses, equipment or water from private properties while installing or watering-in parkway trees.

Page 251 of 378

9. TREE WATERING

Tree Watering Any tree work performed on a CITY tree must be done according to CITY's specification.

Tree Watering: Tree watering consists of the irrigation of young trees which have been installed by CONTRACTOR and the irrigation of other trees as directed by CITY.

10. Specifications for tree watering: the specifications for tree planting are as follows:

a. CONTRACTOR shall comply with all general specifications standards described herein.

b. As stated previously herein, CONTRACTOR shall identify the location of all utilities and private property landscape irrigation components prior to the planting of any tree. CONTRACTOR shall take all responsibility for any damage that occurs during the planting of any tree.

c. CONTRACTOR shall not use hoses, equipment or water from private properties when watering parkway trees.

d. While performing tree watering, CONTRACTOR shall maintain the tree watering basin to include the removal of weeds and debris and the maintenance of the watering basin to size and grade standards defined herein.

e. Trees shall be watered in such a manner that does not result in erosion of the tree watering basin, splashing of parked vehicles or damage to any of the tree's surroundings. Haphazard riggings and/or watering out of the window from the cab of watering equipment will not be tolerated.

f. CONTRACTOR shall maintain a daily log of trees watered. The log shall list the tree watered by site (e.g. 0000 N. Any Street F-1). A printed copy of the log, which shall be maintained in digital format, must accompany invoicing for tree watering services by CONTRACTOR.

Page 252 of 378 ATTACHMENT 1 TO EXHIBIT A

QUALITY CONTROL PLAN

Page 253 of 378

ATTACHMENT 2 TO EXHIBIT A

CONTRACTOR'S SAFETY MANUAL

Page 254 of 378

ATTACHMENT 3 TO EXHIBIT A

EQUIPMENT INVENTORY

B0785-0001\1310148vl.doc

Page 255 of 378

ATTACHMENT 4 TO EXHIBIT A

CONTRACTOR'S WILDLIFE PROTECTION PLAN

Page 256 of 378

EXHIBIT B

SCHEDULE OF PAYMENT, RATES AND PENALTY SCHEDULE

A. SCHEDULE OF PAYMENT

1. CONTRACTOR shall submit an itemized invoice on a form approved by CITY for its services performed the prior month upon completion of the services required by this Agreement. CITY shall pay CONTRACTOR the undisputed amount of such billing within thirty (30) days of receipt of same. CONTRACTOR shall submit backup work records as required by CITY with the itemized invoice in hardcopy form and uploaded for internet accessible online review by CITY's Public Works Department. Failure to perform work as indicated in the Scope of Services may result in CITY exercising its right to withhold funds, subject CONTRACTOR to penalties as set forth in this Exhibit, deduct payment as is proportionately appropriate, or terminate the Agreement.

2. CITY shall receive a two (2) percent discount for payments received by CONTRACTOR within twenty (20) days of the invoice date.

B. RATES

CITY shall compensate CONTRACTOR for the satisfactory performance of services at the following rates:

Hardwood Tree Trimming: Unit Price in Figures

Full prune-hardwood tree 0-6 inch DBH (diameter breast height) $50.00

Full prune-hardwood tree 7-16 inch DBH $125.00

Full prune-hardwood tree 17-24 inch DBH $200.00

Full prune-hardwood tree over 24 inch DBH $400.00

Full prune-hardwood tree 0-6 inch DBH night/weekend Full $50.00 prune-hardwood tree 7-16 inch DBH night/weekend Full $150.00 prune-hardwood tree 17-24 inch DBH night/weekend Full $350.00 prune-hardwood tree over 24 inch DBH night/weekend $500.00

Crown Raising/Safety Prune-hardwood tree 0-6 inch DBH $25.00

Crown Raising/Safety Prune-hardwood tree 7-16" DBH $50.00

Crown Raising/Safety Prune-hardwood tree 17-24 inches DBH $50.00

Crown Raising/Safety Prune-hardwood tree over 24 inch DBH $50.00

Crown Raising/Safety Prune-hardwood tree 0-6 inch DBH night/weekend $25.00

Page 257 of 378 Crown Raising/Safety Prune-hardwood tree 7-16 inch DBH night/weekend $50.00

Crown Raising/Safety Prune-hardwood tree 17-24 inch DBH night/weekend $50.00

Crown Raising/Safety Prune-hardwood tree over 24 inch DBH night/weekend $50.00

Palm Tree Trimming:

Canary Island Date Palm prune $150.00

Canary Island Date Palm prune night/weekend $150.00

Mexican/California/Hybrid Fan Palm prune $50.00

Mexican/California/Hybrid Fan Palm prune night/weekend $50.00

King/Queen Palm prune $20.00

King/Queen Palm prune night/weekend $20.00

Tree Removal:

Tree and Stump removal per inch trunk DBH $21.00

Stump grinding per stump diameter inch at grade $6.00

Tree Stock:

24 inch Box $85.00

36 inch Box $325.00

48 inch Box $750.00

Mexican Fan Palm per foot 8TH (brown trunk height) $45.00

Tree Installation:

24 inch Box $100.00

36 inch Box $300.00

48 inch Box $750.00

Mexican Fan Palm 10-30 feet 8TH $300.00

Page 258 of 378 Tree Watering:

Watering of young trees, water trunk/operator-per day $400.00

Day Rate Crew:

Boom truck w/chip body, low decibel chipper, operator, and ground $800.00 person per eight (8) hour day

Call in Crew:

Per fully equipped per man, per hour, cost, crew called in for unscheduled service $50.00

Emergency Crew:

Per fully equipped cost per man, per hour, crew called in for emergency $75.00 service nights/weekends

Page 259 of 378 C. PENALTYSCHEDULE

CONTRACTOR and CITY agree that if completion of certain services to be provided by CONTRACTOR under this Agreement specified below are delayed, not performed or performed in a manner outside of specifications, a penalty as described herein will be assessed each day that the service is not properly performed or not provided as required under the Agreement. This is in addition to CITY's other remedies allowed by law, including the contractual requirement that the condition be remedied. The following penalties shall be assessed for the circumstances described:

Worker without proper uniform and/or safety $100.00 per occurrence apparel, vehicle without proper signage Failure to properly notice prior to the $100.00 per occurrence commencement of non-emergency work Use of gasoline powered handheld or $100.00 per occurrence backpack blower Debris or trash left in area that has been $100.00 per occurrence vacated by workers Postings left in place after work has been $100.00 per occurrence completed and area vacated by workers Staging debris in traffic lane(s) for more $100.00 per occurrence than one (1) hour after generation of same debris/unattended debris Failure to post warning signage when $200.00 per occurrence operating equipment in pedestrian/vehicular traffic area, violation of traffic control standards, lack of required flag person(s) Disposal of debris at unauthorized sites $500.00 per occurrence. (e.g. residential trash receptacles, commercial trash dumpsters, park site waste containers) Pruning in a manner that leaves tissue tears $500.00 per tree on remaining limbs Equipment leaking fluids $500.00 per occurrence +cost to mitigate damage Disfigurement/errant removal of CITY tree $500.00 per occurrence+ cost to mitigate value of loss in accordance with "Council of Tree and Landscape Appraisers, Guide for Plant Appraisal, current edition. Failure to respond to emergency or after $500.00 per occurrence hours tree service requests within one (1) hour Unauthorized use, transport and/or storage $1000.00 per occurrence+ possible of any chemical insecticide, herbicide, contract termination fungicide product in the City of Manhattan Loss of control incident $1000.00 per occurrence+ cost to mitigate damage + possible contract termination

Page 260 of 378

CITY OF MANHATTAN BEACH 1400 HIGHLAND AVENUE MANHATTAN BEACH, CALIFORNIA 90266 (310) 802-5300

INSURANCE ENDORSEMENT FORM #1 (GENERAL)

This endorsement is issued in consideration of the policy premium. Not-withstanding any inconsistent expression in the policy to which this endorsement is attached, or in any other endorsement now or hereafter attached thereto, or made a part thereof, the protection afforded by said policy shall include the following:

1. Additional Insured. With respect to such insurance as is afforded by this policy, the City of Manhattan Beach and its officers, employees, elected officials, volunteers, and members of boards and commissions shall be named as additional insured. This additional insured coverage only applies with respect to liability of the named insured or other parties acting on their behalf arising out of the activities of the undertaking specified in paragraph No. 5 below (Indemnification Clause).

2. Cross Liability Clause. The insurance afforded applies separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the company's liability.

3. Occurrence Based Policy. This policy shall be an "occurrence based policy."

4. Primary Insurance. For the risks covered by this endorsement this insurance shall provide primary insurance to the City to the exclusion of any other insurance or self-insurance program the City may carry with respect to claims and injuries arising out of activities of the Contractor or otherwise insured hereunder.

5. Indemnification Clause. The underwriters acknowledge that the named insured shall indemnify and save harmless the City of Manhattan Beach against any and all claims resulting from the wrongful or negligent acts or omissions of the named insured or other parties acting on their behalf in the undertaking specified as (list activity location and date(s) of event to include set-up and cleanup dates):

6. Investigation and Defense Costs. Said hold harmless assumption on the part of the named insured shall include all reasonable costs necessary to defend a lawsuit including attorney fees, investigators, filing fees, transcripts, court reporters, and other reasonable costs of investigation and defense.

7. Reporting Provisions. Any failure to comply with the reporting provisions of the policy shall not affect coverage provided to the City.

8. Cancellation. This policy shall not be cancelled except by written notice to the Risk Manager at: City of Manhattan Beach, 1400 Highland Avenue, Manhattan Beach, CA, 90266, at least thirty (30) days prior to the date of such cancellation.

9. Limits of Liability. This policy shall provide minimum limits of liability of $ 1,000,000.00, combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts or omissions by the named insured.

INSURANCE ENDORSEMENT FORM #1 (GENERAL) (Continued)

Page 261 of 378

10. Comprehensive Coverage. This policy shall afford coverage at least as broad as Commercial General Liability "Occurrences" Form CG0001 and shall include the following:

A. General Liability

(1) Comprehensive Form (2) Premises/Operations (3) Independent Contractors Liability (4) Broad Form Property Damage (5) Personal Injury (6) Products, Completed Operations (7) Contractual (8) Explosions, collapse, or underground property damage.

NOTE: If this is a Homeowner's Policy in lieu of Commercial General Liability, it shall afford coverage at least as broad as Homeowners ISO Form HO II (Ed 9-70) California and shall include comprehensive personal liability.

This policy shall provide the dollar limit specified in paragraph 9 with the following additional coverage where boxes below are checked:

11. Host Liquor Liability 12. Liquor Law Liability 13. Other

The limits of liability as stated in this endorsement apply to the insurance afforded by this endorsement notwithstanding that the policy may have lower limits of liability elsewhere in the policy.

This endorsement is effective at 12:01 a.m. and forms a part of Policy No. .

Named Insured

Name of Insurance Company

I, (print/type name), warrant that I have authority to bind the above listed insurance company, and by my signature hereon do so bind this company.

By Signature of Authorized Representative

Approved City Risk Manager Date

PLEASE ATTACH CERTIFICATE OF INSURANCE

Page 262 of 378 CITY OF MANHATTAN BEACH 1400 HIGHLAND AVENUE MANHATTAN BEACH, CALIFORNIA 90266 (310) 802-5300

INSURANCE ENDORSEMENT FORM #2 (AUTO)

2. Cross Liability Clause. The insurance afforded applies separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the company's liability.

3. Occurrence Based Policy. This policy shall be an "occurrence based policy."

7. Reporting Provisions. Any failure to comply with the reporting provisions of the policy shall not affect coverage provided to the City.

9. Limits of Liability. This policy shall provide minimum limits of liability of $1,000,000.00, combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts or omissions by the named insured.

INSURANCE ENDORSEMENT FORM #2 (AUTO) (CONTINUED)

Page 263 of 378

10. Scope of Coverage. This policy shall afford coverage at least as broad as Insurance Services Office Form No. CA0001 (Ed 1/78), Code 1 ("any auto") and shall include the following:

A. Auto Liability

(1) Any auto (2) All owned autos (Private Passengers) (3) All owned autos (other than Private Passengers) (4) Hired autos (5) Non-owned autos (for business purposes) (6) Other

The limits of liability as stated in this endorsement apply to the insurance afforded by this endorsement notwithstanding that the policy may have lower limits of liability elsewhere in the policy.

This endorsement is effective at 12:01 a.m. and forms a part of Policy No. .

Named Insured

Name of Insurance Company

I, (print/type name), warrant that I have authority to bind the above listed insurance company, and by my signature hereon do so bind this company.

By Signature of Authorized Representative

Approved City Risk Manager Date

PLEASE ATTACH CERTIFICATE OF INSURANCE

Page 264 of 378 CITY OF MANHATTAN BEACH PERFORMANCE BOND

KNOW ALL MEN BY THESE PRESENTS:

That we, as principal, and , a corporation, incorporated, organized, and existing under the laws of the State of and authorized to execute bonds and undertakings and to do a general surety business in the State of California, as Surety, are jointly and severally held and firmly bound unto the City of Manhattan Beach, a municipal corporation, located in the County of Los

Angeles, State of California, in the full and just sum of

Dollars ($ ), lawful money of the

United States of America, for the payment of which sum, well and truly to be made, we bind ourselves and our respective heirs, executors, administrators, representatives, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that:

WHEREAS, said principal has entered into, or is about to enter into, a certain written contract or agreement, dated as of the day of ,

20 , with the said City of Manhattan Beach for

all as is more specifically set forth in said contract or agreement, a full, true, and correct copy of which is hereunto attached, and hereby referred to and by this reference incorporated herein and made a part hereof.

NOW, THEREFORE, if the said Principal shall faithfully and well and truly do, perform and complete, or cause to be done, performed and completed, each and all of the covenants, terms, conditions, requirements, obligations, acts and things, to be met, done or performed by said Principal , as set forth in, or required by, said contract or agreement, all at and within the time or times, and in the manner as therein specified and contemplated, then this bond and obligation shall be null and void; otherwise it shall be and remain in full force, virtue and effect.

The said Surety, for value received, hereby stipulates and agrees that no amendment, change, extension of time, alteration or addition to said contract or agreement, or of any feature or item or items of performance required therein or thereunder, shall in any manner affect its obligations on or under this bond; and said Surety does hereby waive notice of any such amendment, change, extension of time, alteration, or addition to said contract or agreement, and of any feature or item or items of performance required therein or thereunder.

Page 265 of 378 PERFORMANCE BOND (Continued)

In the event any suit, action, or proceeding is instituted to recover on this bond or obligation, said Surety will pay, and does hereby agree to pay, as attorney's fees for said City, such sum as the Court in any such suit, action or proceeding may adjudge reasonable.

EXECUTED, SEALED, and DATED this day of , 20 .

(CORPORATE SEAL) Principal

(CORPORATE SEAL) Surety

The foregoing bond is hereby approved by me as to form

City Attorney

Page 266 of 378 Page 267 of 378 Page 268 of 378 Page 269 of 378 Page 270 of 378 Page 271 of 378 Page 272 of 378 Page 273 of 378 Page 274 of 378 Page 275 of 378 Page 276 of 378 Page 277 of 378 Page 278 of 378 Page 279 of 378 Page 280 of 378 Page 281 of 378 Page 282 of 378 Page 283 of 378 Page 284 of 378 Page 285 of 378 Page 286 of 378 Page 287 of 378 Page 288 of 378 Page 289 of 378 Page 290 of 378 Page 291 of 378 Page 292 of 378 Page 293 of 378 Page 294 of 378 Page 295 of 378 Page 296 of 378 Page 297 of 378 Page 298 of 378 Page 299 of 378 Page 300 of 378 Page 301 of 378 Page 302 of 378 Page 303 of 378 Page 304 of 378 Page 305 of 378 Page 306 of 378 Page 307 of 378 Page 308 of 378 Page 309 of 378 Page 310 of 378 Page 311 of 378 Page 312 of 378 Page 313 of 378 Page 314 of 378 Page 315 of 378 Page 316 of 378 Page 317 of 378 Page 318 of 378 Page 319 of 378 Page 320 of 378 Page 321 of 378 Page 322 of 378 Page 323 of 378 Page 324 of 378 Page 325 of 378 Page 326 of 378 Page 327 of 378 Page 328 of 378 Page 329 of 378 Page 330 of 378 Page 331 of 378 Page 332 of 378 Page 333 of 378 Page 334 of 378 Page 335 of 378 Page 336 of 378 Page 337 of 378 Page 338 of 378 Page 339 of 378 Page 340 of 378 Page 341 of 378 Page 342 of 378 Page 343 of 378 Page 344 of 378 Page 345 of 378 Page 346 of 378 Page 347 of 378 Page 348 of 378 Page 349 of 378 Page 350 of 378 Page 351 of 378 Page 352 of 378 Page 353 of 378 Page 354 of 378 Page 355 of 378 Page 356 of 378 Page 357 of 378 Page 358 of 378 Page 359 of 378 Page 360 of 378 Page 361 of 378 Page 362 of 378 Page 363 of 378 Page 364 of 378 Page 365 of 378 Page 366 of 378 Page 367 of 378 Page 368 of 378 Page 369 of 378 Page 370 of 378 Page 371 of 378 Page 372 of 378 Agenda Date: 4/2/2013

TO: Honorable Mayor and Members of the City Council

THROUGH: David N. Carmany, City Manager

FROM: Clay J. Curtin, Senior Management Analyst

SUBJECT: Update of Strategic Plan Goals and Objectives. RECEIVE AND FILE

______

RECOMMENDATION: Staff recommends that the City Council receive and file this report.

FISCAL IMPLICATIONS: There is no fiscal impact associated with this recommendation.

BACKGROUND: To help guide decision-making at all levels of the organization, and to focus the City's efforts on its core functions, the City developed a Strategic Plan in January 2012. The Strategic Plan consisted of a mission statement, core values, three-year goals, and six-month objectives.

The City Council's three-year goals state what the organization needs to accomplish (consistent with the Mission and moving the organization towards its Vision).

The City has identified four (4) three-year goals for 2012-2015 (not in priority order): 1. Maintain and enhance financial stability 2. Increase organizational effectiveness and efficiency 3. Maintain and enhance city facilities, programs and infrastructure 4. Encourage engagement and increase participation of residents and businesses

The City Council and Department Heads met most recently on January 23, 2013, to evaluate progress on the goals, identify core values for the City, and to develop objectives for the next six-month period.

City of Manhattan Beach Page 1 Printed on 3/29/2013

Page 373 of 378 File Number: 13-0153

The City Council will receive monthly updates to the Strategic Plan Monitoring Matrix (Attachment 1) in order to measure progress on the goals and objectives, and to allow for the revision of those objectives (add, amend, and/or delete), as needed.

DISCUSSION: At the meeting on January 23, 2013, the City Council added additional opportunities for public input as it met to evaluate progress on the three-year goals and to develop objectives for the next six-month period.

The new six-month strategic objectives identified at the January 23, 2013, Strategic Planning meeting and scheduled for completion during the next six-month period of January 23, 2013, to July 15, 2013, is included in Attachment 1. The list has been updated and yellow highlights show changes from the last update.

The City Council is scheduled to hold its next strategic planning retreat on Wednesday , July 10, 2013, 8:30 am to 4:00 pm, in the Police/Fire Conference Room.

CONCLUSION: Staff recommends that the City Council receive and file this report.

Attachment: 1. Strategic Plan Monitoring Matrix of 04/02/2013

City of Manhattan Beach Page 2 Printed on 3/29/2013

Page 374 of 378 CITY OF MANHATTAN BEACH SIX-MONTH STRATEGIC OBJECTIVES 23 January 2013 through 15 July 2013 Updated: April 2, 2013 THREE-YEAR GOAL: MAINTAIN AND ENHANCE FINANCIAL STABILITY STATUS WHEN WHO WHAT COMMENTS DONE ON TARGET REVISED 1. May 1, 2013 Community Development Recommend to the City Council the parameters of a To be discussed at the Joint Planning Commission/City Dir.– lead, Finance Dir., Sepulveda project and whether or not to proceed. X Council meeting on April 30, 2013. Public Works Dir. 2. At the March 6, 2013, Public Works Director and Present to the City Council for action plans and specs for the Report was approved by the City Council on March 6, City Council meeting Parks and Re Director AYSO (youth soccer) synthetic field. X 2013.

3. March 1, 2013 City Manager Request proposals from grant writing firms for development Staff has received proposals from several grant of a database and grant writing tracking system that will management firms and is currently evaluating the X help the city access federal, state and foundation grant proposed services. opportunities. 4. No later than the City Manager Present to the City Council for consideration, fiscally- Report was presented to the City Council on the March 6, March 6, 2013, City responsible multi-year labor agreements with the Police X 2013, agenda. Council meeting Assn., Fire Assn. and Teamsters. 5. April 16, 2013 City Manager Present to the City Council for action terms and conditions for employment of management and confidential employees X in connection with labor negotiations.

6. At the May 7, 2013, City Manager, working with Present to the City Council for consideration a balanced City Council meeting the Department Heads operating budget with a focus on operational efficiencies, X including additional CIP (Capital Improvement Program) allocations. 7. By the July 2, 2013, Finance Director –lead, City Present to the City Council for action alternative funding for City Council meeting Mgr., and Public Works Dir. existing Street Lighting and Landscaping District, X stormwater utility, and streets and sidewalks. 8. At the July 16, 2013, City Manager – lead, and Present a report to the City Council on the status of grant City Council meeting Department Heads funding. X

Page 375 of 378 CITY OF MANHATTAN BEACH SIX-MONTH STRATEGIC OBJECTIVES 23 January 2013 through 15 July 2013 Updated: April 2, 2013 THREE-YEAR GOAL: INCREASE ORGANIZATIONAL EFFECTIVENESS AND EFFICIENCY GOAL DATE WHO WHAT STATUS COMMENTS DONE ON TARGET REVISED 1. At the April 2, 2013, City Attorney Present to the City Council for action procedures and policies City Council meeting for City Council-appointed committees, including oversight, X This item is being rescheduled for a future date. direction and control. 2. By the April 16, 2013, HR Director, working with Present for City Council review the impact of reduced part- City Council meeting Dept. Heads time hours for the performance of city programs (960 hour X policy) as well as the financial impact of health care reform and benefits required by law. 3. April 16, 2013, City Finance Dir., with input Assess the city’s technology needs and develop and present Council meeting from a consultant, the public to the City Council for action an Information Technology X and department heads Master Plan, including funding

4. By the April 16, 2013, Community Dev. Dir., Provide a status report on the Mansionization Ordinance Planning Commission conducted hearings on January 23rd City Council meeting with input from the with recommended changes, if needed, to the City Council X and February 27th. To be discussed at the Joint Planning Planning Commission for consideration. Commission/City Council meeting on April 30, 2013.

5. By June 4, 2013 Fire Chief and Present to the City Council a recommendation for action City Manager regarding potential Fire Dept. resource sharing and cost X saving opportunities as provided in the Jan 15 White Paper.

6. By the June 18, 2013, Community Development Present to the City Council for consideration residential City Council meeting Director construction rules and potential improvements regarding X notices to workers and neighbors.

7. July 15, 2013 Finance Director Present to the City Council a report comparing contract vs. in- and City Manager house city attorney efficiencies and costs. X

Page 376 of 378 CITY OF MANHATTAN BEACH SIX-MONTH STRATEGIC OBJECTIVES 23 January 2013 through 15 July 2013 Updated: April 2, 2013 THREE-YEAR GOAL: MAINTAIN AND ENHANCE CITY FACILITIES, PROGRAMS AND INFRASTRUCTURE GOAL DATE WHO WHAT STATUS COMMENTS DONE ON TARGET REVISED 1. At the Apr. 2, 2013, Parks and Rec Director Present to the City Council for action a RFP for a Parks, Open This item is scheduled for the April 2, 2013, City Council City Council meeting Space and Landscape Master Plan. X agenda.

2. May 7, 2013 Public Works Dir. Recommend to the City Council for action a revision to the X CIP process to get City Council input earlier. 3. May 7, 2013 Parks and Rec Dir. Research the establishment of a Fab Lab, including components, budget and potential programs and present to X the City Council as a part of the budget process.

4. By May 7, 2013 City Manager Propose to the City Council for action an MOU regarding replacing the Scout House with a new facility serving older X adults and Scouts. 5. At the May 7, 2013, City Attorney and Present to the City Council for action an ordinance banning City Council meeting Public Works Director polystyrene food packaging. X

6. At the May 7, 2013, City Attorney and Lead a discussion with the City Council regarding Tobacco City Council meeting Public Works Director Control and the National Pollutant Discharge Elimination X System.

7. At the June 18, 2013, Public Works Dir. Present to the City Council for action the Veterans Parkway First of three public meetings was held to discuss the City Council meeting Master Plan. project, gather input from the community, and receive X comments on the planning documents.

8. April 5, 2013 City Attorney Provide reports to the City Council on 1) laws and best practices regarding locations for cellular sites and 2) removal X of abandoned utility wires and satellite dishes.

9. At the June 18, 2013, Public Works Dir. and Having inventoried the trees, funding, and timeline needed, The Tree Master Plan is dependent on the Tree Inventory. City Council meeting a consultant present to the City Council for action a Tree Master Plan. X The contract for the Tree Inventory was continued by the City Council to the April 2nd agenda for consideration.

10. At the May 21, 2013, Community Development Clarify with the City Council the tree requirements for walk Parking and Public Improvements Commission conducted City Council meeting Dir. streets, including view obstruction and grandfathering X a hearing on February 28th and continued discussion to issues. the March 28th PPIC meeting. 11. July 2, 2013 Public Works Dir. Assess the City’s facilities, including costs to maintain and The contract for a consultant to prepare the Facilities improve current facilities, and report results to the City X Assessment will be considered at the April 16th City Council. Council meeting. 12. FUTURE OBJECTIVE Public Works Dir. At a City Council work session, review with the City Council August 1, 2013 the Facilities Strategic Plan and identify the next steps to X update the Plan.

Page 377 of 378 CITY OF MANHATTAN BEACH SIX-MONTH STRATEGIC OBJECTIVES 23 January 2013 through 15 July 2013 Updated: April 2, 2013 THREE-YEAR GOAL: ENCOURAGE ENGAGEMENT AND INCREASE PARTICIPATION OF RESIDENTS AND BUSINESSES GOAL DATE WHO WHAT STATUS COMMENTS DONE ON TARGET REVISED 1. At the March 19, 2013, City Manager and Council Recommend to the City Council for action a proposed City Council meeting Member David Lesser collaboration with the Institute for Local Government on X This item is being rescheduled for a future date. public engagement capacity building. 2. On March 21, 2013 City Manager, working with Conduct a teambuilding and training workshop with the a facilitator City Council and department heads to increase engagement The teambuilding meeting was held March 21st in the X with each other and the public and effective meeting Police/Fire Conference Room. management. 3. July 15, 2013 Each City Council member, Hold at least one community meeting. working with their school(s) X

4. July 15, 2013 City Clerk – lead, Finance Implement E-Comment and CivicIdeas through Granicus Dir., City Attorney software to allow electronic public comment on City Council X issues. 5. July 15, 2013 Finance Dir., working with Identify social media sources (e.g., local cable, Facebook, Dept. Heads, the City Twitter) for the city to use to increase communication and Attorney, and Information interaction with residents and businesses and recommend to X System staff the City Council for action a Social Media Policy.

6. FUTURE OBJECTIVE Parks and Rec Dir., working Hold at least three classes for the community on Navigating with the City Clerk and the City of Manhattan Beach’s Website, including City X Finance Dir. Council agenda review.

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