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HomeMy WebLinkAbout02/11/14 1 “There is no shortcut to life. To the end of our days, life is a lesson imperfectly learned.” - Harrison E. Salisbury AGENDA HERMOSA BEACH CITY COUNCIL Tuesday, February 11, 2014 - Council Chambers, City Hall 1315 Valley Drive 6:00 p.m. - STUDY SESSION: See attached Agenda 7:00 p.m. - REGULAR MEETING MAYOR Michael DiVirgilio CITY CLERK Elaine Doerfling MAYOR PRO TEM Peter Tucker CITY TREASURER Karen Nowicki COUNCIL MEMBERS Nanette Barragan Hany Fangary Carolyn Petty CITY MANAGER Tom Bakaly CITY ATTORNEY Michael Jenkins All council meetings are open to the public. PLEASE ATTEND. The Council receives a packet with detailed information and recommendations on nearly every agenda item. City Council agendas and staff reports are available for your review on the City's web site located at www.hermosabch.org. Complete agenda packets are also available for public inspection in the Police Department, Hermosa Beach Public Library and the Office of the City Clerk. During the meeting, a packet is also available in the Council Chambers foyer. Written materials distributed to the City Council within 72 hours of the City Council meeting are available for public inspection immediately upon distribution in the City Clerk's office at 1315 Valley Drive, Hermosa Beach, California, during normal business hours. All written communications from the public included in the agenda will be posted with the agenda on the City’s website To comply with the Americans with Disabilities Act of 1990, Assistive Listening Devices (ALD) will be available for check out at the meeting. If you require special assistance to participate in this meeting, you must call or submit your request in writing to the Office of the City Clerk at (310) 318-0203 at least 48 hours prior to the meeting. Your participation in this meeting is in the public domain. Meetings are both cablecast and streamed live over the Internet. Minutes of this meeting will reflect your participation in this meeting and are posted on the city’s website 2 CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL CLOSED SESSION REPORT ANNOUNCEMENTS PRESENTATIONS GOVERNMENT FINANCE OFFICERS ASSOCIATION DISTINGUISHED BUDGET PRESENTATION AWARD OIL PROJECT STATUS REPORT CITY MANAGER PUBLIC PARTICIPATION: Although the City Council values your comments, the Brown Act generally prohibits the Council from taking action on any matter not listed on the posted agenda as a business item. 1. ORAL AND WRITTEN COMMUNICATIONS This is the time for members of the public to address the City Council on any items within the Council's jurisdiction not on this agenda, on items on this agenda as to which public comment will not be taken, or to request the removal of an item from the consent calendar. Comments on public hearing items are heard only during the public hearing. Members of the audience may also speak: 1) during discussion of items removed from the Consent Calendar; 2) during Public Hearings; and, 3) during discussion of items appearing under Municipal Matters. Comments from the public are limited to three minutes per speaker. The City Council acknowledges receipt of the written communications listed below. No action will be taken on matters raised in written communications. The Council may take action to schedule issues raised in oral and written communications for a future agenda. Citizens with comments regarding City management or departmental operations are requested to submit those comments to the City Manager. NO WRITTEN COMMUNICATIONS 3 2. CONSENT CALENDAR: The following more routine matters will be acted upon by one vote to approve with the majority consent of the City Council. There will be no separate discussion of these items unless a Council member removes an item from the Consent Calendar. Items removed will be considered under Agenda Item 4, with public comment permitted at that time. (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: 1) Minutes of the Regular meeting held on November 12, 2013; and, 2) Minutes of the Regular meeting held on November 26, 2103. (b) RECOMMENDATION TO RATIFY CHECK REGISTERS: (1) 12/26/13. (was inadvertently left out of item 2b for the January 14, 2014 Council Meeting). (2) RECOMMENDATION TO RATIFY CHECK REGISTERS DATED 1/23/14 & 1/30/14 AND TO APPROVE CANCELLATION OF CERTAIN CHECKS AS RECOMMENDED BY THE CITY TREASURER. (c) RECOMMENDATION TO RECEIVE AND FILE TENTATIVE FUTURE AGENDA ITEMS. (d) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF DECEMBER 3, 2013 (e) RECOMMENDATION TO DENY THE FOLLOWING CLAIM AND REFER IT TO THE CITY’S LIABILITY CLAIMS ADMINISTRATOR. Memorandum from Assistant to the City Manager Diane Strickfaden dated February 4, 2014. CLAIMANT: KING, ALECIA DATE OF LOSS: 01-07-14 DATE FILED: 11-22-14 ALLEGATION: PROPERTY DAMAGE (f) RECOMMENDATION TO APPROVE INSTALLATION OF TWO NEW ELECTRICAL VEHICLE CHARGING STATIONS AT NORTH PIER PARKING STRUCTURE; AND, EXECUTE AN AGREEMENT WITH NRG EVGO FOR THE INSTALLATION OF TWO ELECTRIC VEHICLE CHARGING STATIONS AND ACCOMMODATION FOR AN ADDITIONAL INSTALLATION OF A FUTURE CHARGING STATION. Memorandum from Public Works Director Frank Senteno dated February 4, 2014. (g) RECOMMENDATION TO ADOPT RESOLUTION SUPPORTING SENATE BILL 405 (PADILLA) THAT WOULD PROHIBIT CERTAIN RETAIL ESTABLISHMENTS FROM PROVIDING FREE SINGLE-USE PLASTIC BAGS TO CONSUMERS, AND REQUIRE THESE STORES TO HAVE REUSABLE BAGS AVAILABLE FOR PURCHASE. Memorandum from Community Development Director Ken Robertson dated February 4, 2014. 4 3. CONSENT ORDINANCES NONE 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION  Public comments on items removed from the Consent Calendar. 5. PUBLIC HEARINGS - TO COMMENCE AT 7:30 P.M. NONE 6. MUNICIPAL MATTERS a. SECOND RESTATED CONCERT SERIES PRODUCER AGREEMENT BETWEEN THE CITY OF HERMOSA BEACH AND PHILIA GROUP LLC dba SAINT ROCKE. Memorandum from Assistant to the City Manager Diane Strickfaden dated February 6, 2014. RECOMMENDATION: Approve the Second Restated Concert Series Agreement between the City of Hermosa Beach and Philia Group LLC, dba Saint Rocke. 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER NONE 8. MISCELLANEOUS ITEMS AND MEETING ATTENDANCE REPORTS - CITY COUNCIL a. VACANCIES – BOARDS AND COMMISSIONS CIVIL SERVICE BOARD – UNEXPIRED TERM ENDING JULY 15, 2015. Memorandum from City Clerk Elaine Doerfling dated February 5, 2014. RECOMMENDATION: Direct the City Clerk to advertise a Civil Service Board vacancy inviting applications from persons interested in being appointed to fill an unexpired term ending July 15, 2015. 9. OTHER MATTERS - CITY COUNCIL Requests from Council members for possible future agenda items. No discussion or debate of these requests shall be undertaken; the sole action is whether to schedule the item for consideration on a future agenda. No public comment will be taken. NONE ADJOURNMENT 5 AGENDA STUDY SESSION HERMOSA BEACH CITY COUNCIL Tuesday, February 11, 2014 - Council Chambers, City Hall 1315 Valley Drive 6:00 p.m. CALL TO ORDER ROLL CALL 1. PUBLIC COMMENT: This time has been set aside for members of the public to address the City Council on Closed Session items. 2. DIRECTION ON COMMUNITY DIALOGUE PRESENTATION AND DECISION MAKING TOOLS. Memorandum from City Manager Tom Bakaly dated February 6, 2014. RECOMMENDATION: City Council should participate in the presentation made by the Community Dialogue group and provide direction as indicated under “Focus on Overall Policy Direction and Guidelines” in the staff report. ADJOURNMENT 12/26/2013 Check Register CITY OF HERMOSA BEACH 1 4:59:03PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 2880 12/26/2013 14008 YORK SCRMA 122313 W/Comp Claims - 12-14 to 12-20-13 705-1217-4324 12,626.31 Total : 12,626.31 72720 12/26/2013 00029 A 1 COAST RENTALS 0064715 Equip Rental/ Compressor 001-3104-4309 100.80 Total : 100.80 72721 12/26/2013 17588 A AND A READY MIXED 2066288 Concrete 001-3104-4309 475.11 Total : 475.11 72722 12/26/2013 04715 ADMINSURE 6736 LIABILITY & AUTO CLAIMS ADMIN/ JAN 14 705-1209-4201 1,300.00 Total : 1,300.00 72723 12/26/2013 06421 ALL STAR FIRE EQUIPMENT INC 170012 Helmets 001-2201-4350 995.78 Total : 995.78 72724 12/26/2013 17442 ALMANZA, EDWARD P 15 Project Mgr-Enviro Rpt/ 10-5 to 12-18-13 001-2109 32,094.24 Total : 32,094.24 72725 12/26/2013 16501 ALVAREZ, MARIANO 03067 2013 Assessment Tax Rebate 105-3105 24.61 Total : 24.61 72726 12/26/2013 14898 AOKI, ELAYNE 03095 Edu Exp Reimb/ Tuition - Spring 2014 001-2101-4317 3,075.25 Total : 3,075.25 72727 12/26/2013 13361 AT AND T MOBILITY 287247228942 Cell Phone Usage - PD & CSO/ Nov 13 001-2101-4304 861.42 001-3302-4304 339.94 Total : 1,201.36 1Page: 12/26/2013 Check Register CITY OF HERMOSA BEACH 2 4:59:03PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 72728 12/26/2013 16660 ATHENS SERVICES 4040181113-1 CITYWIDE SWEEPING & CLEANING/ NOV 13 001-3104-4201 12,024.23 001-3301-4201 6,494.01 001-3304-4201 1,675.33 001-6101-4201 1,330.49 Total : 21,524.06 72729 12/26/2013 08482 BOUND TREE MEDICAL LLC 81279604 Medical Supplies - Dec 13 001-2201-4309 495.63 Total : 495.63 72730 12/26/2013 00262 CALIFORNIA MARKING DEVICE 4082 Date/Time Stamps 001-1121-4305 200.56 4084 Nameplates & Name Tags 001-1101-4305 111.18 001-1201-4305 21.80 Total : 333.54 72731 12/26/2013 11393 CARTER, TRACEY 03094 Edu Exp Reimb/ Tuition - Spring 2014 001-2101-4317 1,515.52 Total : 1,515.52 72732 12/26/2013 05970 COLLINS, DENNIS 03035 Instructor Pymt/ # 19331, 334, 337 001-4601-4221 630.00 Total : 630.00 72733 12/26/2013 18070 COME LAND MAINTENANCE CO INC 77981 JANITORIAL SERVICES/ OCT 13 001-4204-4201 8,385.00 78142 JANITORIAL SERVICES/ NOV 13 001-4204-4201 8,385.00 Total : 16,770.00 72734 12/26/2013 18038 CZB LLC 2013-037 Comm Dialogue & Desicsion Tools/ Oct 13 705-4106-4201 39,867.56 Total : 39,867.56 72735 12/26/2013 11449 DEWEY PEST CONTROL 8256136 PEST CONTROL SERVICES/ DEC 13 001-4204-4201 961.00 2Page: 12/26/2013 Check Register CITY OF HERMOSA BEACH 3 4:59:03PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount (Continued)Total : 961.00 72735 12/26/2013 11449 DEWEY PEST CONTROL 72736 12/26/2013 14567 DOGS BEST FRIEND 03032 Instructor Pymt/ # 19322, 325 001-4601-4221 294.00 Total : 294.00 72737 12/26/2013 00122 DUNCAN PARKING TECHNOLOGIES PAM0017984 Cites Issued & Online Pymts/ Oct 13 001-1204-4201 4,767.65 PAM0018368 Cites Issued & Online Pymts/ Nov 13 001-1204-4201 4,542.56 Total : 9,310.21 72738 12/26/2013 15059 EVANS, MARLIN 03033 Instructor Pymt/ # 19286 001-4601-4221 483.00 Total : 483.00 72739 12/26/2013 17824 EXSEL PROMOTIONS INC 8038 Service Plaques/ Bobko, Duclos, Fishman 001-1101-4319 55.59 Total : 55.59 72740 12/26/2013 16932 FAMILY THEATRE INC 02962 Instructor Pymt/ # 19182, 190 - 92 001-4601-4221 613.20 Total : 613.20 72741 12/26/2013 16259 FIONA HUTTON AND ASSOCIATES 111712 Public Relations Services/ Nov 13 705-1209-4201 10,003.95 Total : 10,003.95 72742 12/26/2013 14812 GOODLIN, RON 244598 Gym Security Deposit Refund 001-2111 100.00 Total : 100.00 72743 12/26/2013 14589 GRANICUS INC 50507 STREAMING VIDEO & OPEN PLATFORM SRVS/ JA 715-1206-4201 5,657.04 001-2021 174.96 001-2022 -174.96 Total : 5,657.04 3Page: 12/26/2013 Check Register CITY OF HERMOSA BEACH 4 4:59:03PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 72744 12/26/2013 00065 HERMOSA BEACH CAR WASH 113013 City Car Washes/ Nov 13 715-2201-4311 55.90 715-4202-4311 10.90 715-4201-4311 4.95 715-3302-4311 5.95 715-2101-4311 213.60 Total : 291.30 72745 12/26/2013 16630 HO, CLINTON 244591 Gym Security Deposit Refund 001-2111 100.00 Total : 100.00 72746 12/26/2013 18346 HODGES, REGINA 244560 Damage Deposit Refund 001-2111 250.00 Total : 250.00 72747 12/26/2013 12859 INTERSTATE ALL BATTERY CENTER 24697261 Replacement Battery 001-2101-4305 297.46 Total : 297.46 72748 12/26/2013 18340 JMJK INC 03075 Citation Refund/ # 200074969 001-3302 53.00 Total : 53.00 72749 12/26/2013 16632 KALTSAS, JIM 244595 Gym Security Deposit Refund 001-2111 100.00 Total : 100.00 72750 12/26/2013 18345 KATANCHAROEN, CRYSTAL 03021 Citation Refund/ # 200064190 001-3302 112.00 Total : 112.00 72751 12/26/2013 18339 KING FENCE INC 03084 Deposit/ Radio Project Enclosure 153-2106-5402 716.00 Total : 716.00 72752 12/26/2013 00151 LA CO SHERIFFS DEPARTMENT 142049WC Prisoner Meals/ Nov 13 001-2101-4306 139.10 4Page: 12/26/2013 Check Register CITY OF HERMOSA BEACH 5 4:59:03PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount (Continued)Total : 139.10 72752 12/26/2013 00151 LA CO SHERIFFS DEPARTMENT 72753 12/26/2013 08200 LINNELL, MONICA 244512 Damage Deposit Refund 001-2111 50.00 Total : 50.00 72754 12/26/2013 13288 LONGACRE, HOWARD 03068 2013 Assessment Tax Rebate 105-3105 24.61 Total : 24.61 72755 12/26/2013 18336 MANHATTAN BEACH SAND AND SURF 244416 Class Refund 001-2111 40.00 Total : 40.00 72756 12/26/2013 15643 MARCHESE, SONDRA 244594 Theatre Security Deposit Refund 001-2111 250.00 Total : 250.00 72757 12/26/2013 18122 MARINE RESEARCH SPECIALISTS 514-2013-05 EIR Serv - Oil Project/ Oct 13 001-2109 89,604.95 Total : 89,604.95 72758 12/26/2013 17324 MARTIN, JULIE 244565 Theatre Security Deposit Refund 001-2111 250.00 Total : 250.00 72759 12/26/2013 13658 MBF CONSULTING INC 900-649 ENGINEERING SER-SEWERS/ 7-1 TO 12-17-13 160-3102-4201 14,900.00 Total : 14,900.00 72760 12/26/2013 10653 NORMAN A TRAUB ASSOCIATES INC 13089-1 Independent IA Investigation 001-2101-4201 3,858.00 Total : 3,858.00 72761 12/26/2013 13114 OFFICE DEPOT 685373349001 Office Supplies/ Dec 13 001-4601-4305 73.02 685626816001 Office Supplies/ Dec 13 001-1203-4305 82.14 5Page: 12/26/2013 Check Register CITY OF HERMOSA BEACH 6 4:59:03PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 72761 12/26/2013 (Continued)13114 OFFICE DEPOT 685666253001 Office Supplies/ Dec 13 001-1202-4305 16.19 685666625001 Office Supplies/ Dec 13 001-1208-4305 42.65 Total : 214.00 72762 12/26/2013 00093 OLYMPIC AUTO CENTER 13180 Replacement Windshield/ 06 Ford Ranger 715-3302-4311 272.50 Total : 272.50 72763 12/26/2013 11314 PALM SPRINGS FOLLIES, THE 03080 Deposit/ Excursion 001-4601-4201 260.00 Total : 260.00 72764 12/26/2013 04573 PARKER, FRANCES 244390 Class Refund 001-2111 60.00 Total : 60.00 72765 12/26/2013 18348 PATEL, MEETA 244514 Damage Deposit Refund 001-2111 50.00 Total : 50.00 72766 12/26/2013 13838 PITNEY BOWES INC 2196402-DC13 Postage Meter Rental/ 2nd Quarter 715-1208-4201 455.18 Total : 455.18 72767 12/26/2013 13255 REDMOND, GEORGE DAVID 29276 Locksmith Services/ Oct 13 001-4204-4309 326.06 29467 Keys Made/ Dec 13 001-4204-4309 24.53 Total : 350.59 72768 12/26/2013 17964 ROMA DESIGN GROUP 131106 STRATEGIC PLAN-ECON DEV CIV CTR/ 10-1 T 001-8609-4201 43,627.00 Total : 43,627.00 72769 12/26/2013 03353 S.B.C.U. VISA 484276 CC Working Lunch/ Econ-Finance Prep 6Page: 12/26/2013 Check Register CITY OF HERMOSA BEACH 7 4:59:03PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 72769 12/26/2013 (Continued)03353 S.B.C.U. VISA 001-1201-4305 55.05 TR 318 CC Regis/ T Bakaly - League CM Conf 001-1201-4317 625.00 TR 328 CC Regis/ N Barragan - League Cities Conf 001-1101-4317 763.80 Total : 1,443.85 72770 12/26/2013 16568 SHAW, MARILYN 244506 Class Refund 001-2111 60.00 Total : 60.00 72771 12/26/2013 09737 SOLYMOSI, MARIE 565934 Bee Removal/ Dec 13 001-3302-4201 180.00 Total : 180.00 72772 12/26/2013 10232 SPICERS PAPER INC 819489 Paper 001-1208-4305 1,257.12 001-2021 11.64 001-2022 -11.64 Total : 1,257.12 72773 12/26/2013 10098 SPRINT NEXTEL COMMUNICATIONS 397572146-088 Cell Phone Usage - CD/ Nov 13 001-4201-4304 95.78 Total : 95.78 72774 12/26/2013 09532 STAPLES ADVANTAGE 8027979894 Office Supplies/ Dec 13 001-2101-4305 83.23 Total : 83.23 72775 12/26/2013 18347 SUTHERLIN, SORAYA 244516 Damage Deposit Refund 001-2111 50.00 Total : 50.00 72776 12/26/2013 17882 TIDAL MARINE CONSTRUCTION INC 7281 Photograph Underside of Pier 122-8659-4201 2,495.00 Total : 2,495.00 7Page: 12/26/2013 Check Register CITY OF HERMOSA BEACH 8 4:59:03PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 72777 12/26/2013 08207 UNDERGROUND SERVICE ALERT 1120130311 Underground Service Alert/ Nov 13 160-3102-4201 46.50 Total : 46.50 72778 12/26/2013 04768 UPTIME COMPUTER SERVICE 23548 Printer Maintenance/ Jan 14 715-1206-4201 692.60 Total : 692.60 72779 12/26/2013 01938 V AND V MANUFACTURING 38652 REFURBISH & RENUMBER BADGES/ PD 001-2101-4314 211.34 38653 REFURBISH & RENUMBER BADGES/ CSO 001-3302-4314 413.66 Total : 625.00 72780 12/26/2013 00015 VERIZON CALIFORNIA 310 318-6379 041029 Phone Charges/ Nov 13 001-1121-4304 4.75 001-1132-4304 2.51 001-1141-4304 1.21 001-1201-4304 3.65 001-1202-4304 15.39 001-1203-4304 15.64 001-1208-4304 0.62 001-2101-4304 118.05 001-2201-4304 69.59 001-4101-4304 10.57 001-4201-4304 17.86 001-4202-4304 55.51 001-4601-4304 27.12 001-1204-4304 16.57 001-3302-4304 1.68 715-1206-4304 5.27 310 372-6186 890831 Phone Charges/ Dec 13 001-1202-4304 42.78 Total : 408.77 72781 12/26/2013 09056 VERIZON ONLINE 1160742236 Fiber Optic Line - Dec 13 715-1206-4201 164.99 8Page: 12/26/2013 Check Register CITY OF HERMOSA BEACH 9 4:59:03PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount (Continued)Total : 164.99 72781 12/26/2013 09056 VERIZON ONLINE 72782 12/26/2013 18282 VISION ELECTRIC WHOLESALE INC 2898 ELECTRIC VEHICLE CHARGER RFID READER 715-4204-4201 837.95 Total : 837.95 72783 12/26/2013 13359 WITTMAN ENTERPRISES LLC 13010062 AMB TRANSPORT BILLING SER/ OCT 13 001-1202-4201 3,357.55 Total : 3,357.55 72784 12/26/2013 14188 YARY PHOTOGRAPHY 9488 PHOTOS/ PD STAFF 001-2101-4305 54.50 Total : 54.50 72785 12/26/2013 17569 ZGRAY SPORTS LLC 03034 Instructor Pymt/ # 19175, 177, 200 001-4601-4221 709.80 Total : 709.80 72786 12/26/2013 10505 ZOLL MEDICAL CORP 2076036 Medical Supplies/ Dec 13 001-2201-4309 457.80 Total : 457.80 Bank total : 329,853.89 68 Vouchers for bank code :boa 329,853.89Total vouchers :Vouchers in this report 68 9Page: 12/26/2013 Check Register CITY OF HERMOSA BEACH 10 4:59:03PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount "I hereby certify that the demands or claims covered by the checks listed on pages 1 to 10 inclusive, of the check register for 12/26/13 are accurate funds are available for payment, and are in conformance to the budget." . . . By ______________________________________________ Finance Director . . Date: February 4, 2014 10Page: 01/23/2014 Check Register CITY OF HERMOSA BEACH 1 4:09:38PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 72970 1/23/2014 18388 840 THE STRAND LLC 03189 Citation Refund/ # 200044750 001-3302 30.00 Total : 30.00 72971 1/23/2014 18386 ADAMS, KATHRYN 03186 Citation Refund/ # 200046680 001-3302 53.00 Total : 53.00 72972 1/23/2014 04715 ADMINSURE 6782 LIABILITY & AUTO CLAIMS ADMIN/ FEB 14 705-1209-4201 1,300.00 Total : 1,300.00 72973 1/23/2014 06290 AIR SOURCE INDUSTRIES INC 00609035 Oxygen Refill/ Dec 13 001-2201-4309 396.60 Total : 396.60 72974 1/23/2014 12143 ALTEC INDUSTRIES INC 5083575 ANNUAL INSPECTION & TESTING/ HI-LIFT 715-2601-4311 887.92 5083576 Repairs/ Hi-Lift Truck 715-2601-4311 1,358.76 Total : 2,246.68 72975 1/23/2014 05179 AT AND T 0193608382001 Long Dist Charges/ Dec 13 1Page: 01/23/2014 Check Register CITY OF HERMOSA BEACH 2 4:09:38PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 72975 1/23/2014 (Continued)05179 AT AND T 001-1121-4304 0.11 001-1132-4304 0.03 001-1141-4304 0.08 001-1201-4304 0.57 001-1202-4304 0.37 001-1203-4304 0.12 001-1208-4304 0.25 001-2101-4304 8.99 001-2201-4304 1.11 001-4101-4304 0.47 001-4201-4304 0.25 001-4202-4304 0.51 001-4601-4304 0.67 001-1204-4304 0.69 715-1206-4304 0.17 001-3302-4304 0.27 Total : 14.66 72976 1/23/2014 13361 AT AND T MOBILITY 287016141723 Cell Phone Usage - PW/ Dec 13 001-4202-4304 227.43 Total : 227.43 72977 1/23/2014 18042 ATOM ENGINEERING CONSTRUCTION 3 Protective Bollards - Plaza/ Retention 146-2024 3,250.00 147-2024 1,048.10 147-8139-4201 413.83 146-8139-4201 376.95 Total : 5,088.88 72978 1/23/2014 13270 BANK OF NEW YORK MELLON 252-1759884 Safekeeping Fees/ 2nd Quarter 001-1141-4201 875.00 Total : 875.00 72979 1/23/2014 17271 BARROWS, PATRICK 03202 Instructor Pymt/ # 19260, 267 001-4601-4221 308.00 Total : 308.00 2Page: 01/23/2014 Check Register CITY OF HERMOSA BEACH 3 4:09:38PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 72980 1/23/2014 18381 BAUMANN, FRED 03181 Citation Refund/ # 200057020 001-3302 53.00 Total : 53.00 72981 1/23/2014 08482 BOUND TREE MEDICAL LLC 81299833 Medical Supplies - Dec 13 001-2201-4309 577.88 Total : 577.88 72982 1/23/2014 18378 BOYLE, KATHRYN 03178 Citation Refund/ # 200034472 001-3302 53.00 Total : 53.00 72983 1/23/2014 15663 CALIFORNIA BUILDING STANDARDS 03215 Bldg Standards Admin Fee Report/ 2nd Qtr 001-3204 358.20 Total : 358.20 72984 1/23/2014 16526 COSTALES, THOMAS M 03206 2013 Assessment Tax Rebate 105-3105 24.61 Total : 24.61 72985 1/23/2014 08855 D AND D SERVICES INC 52216 Dead Animal Disposal/ Dec 13 001-3302-4201 319.00 Total : 319.00 72986 1/23/2014 00642 DAILY BREEZE, THE 153499 Employment Ad/ Rec Leader 001-1203-4201 622.25 Total : 622.25 72987 1/23/2014 14171 DAVOODIAN, MICHAEL 110602 Printing/ Spring 2014 Brochures 001-4601-4302 1,564.12 Total : 1,564.12 72988 1/23/2014 00049 DEPARTMENT OF CONSERVATION 03212 Strong Motion Mapping Fee/ 2nd Qtr 001-3204 843.64 Total : 843.64 72989 1/23/2014 11449 DEWEY PEST CONTROL 8317728 PEST CONTROL SERVICES/ JAN 14 001-4204-4201 961.00 3Page: 01/23/2014 Check Register CITY OF HERMOSA BEACH 4 4:09:38PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount (Continued)Total : 961.00 72989 1/23/2014 11449 DEWEY PEST CONTROL 72990 1/23/2014 18379 DODSON, RICK 03179 Citation Refund/ # 200053979 001-3302 53.00 Total : 53.00 72991 1/23/2014 18371 DOTEMOTO, SHARON 03077 Business Lic Fee Refund/ # 01125041 001-3115 27.00 Total : 27.00 72992 1/23/2014 00122 DUNCAN PARKING TECHNOLOGIES DPT016389 AutoCite Maint Agreement/ Handhelds 715-3302-4201 6,100.00 Total : 6,100.00 72993 1/23/2014 18391 DUNIGAN, JAMES 03174 Citation Refund/ # 200052363 001-3302 53.00 Total : 53.00 72994 1/23/2014 17120 EAN SERVICES LLC 03167 Citation Refund/ # 200077572 001-3302 106.00 Total : 106.00 72995 1/23/2014 07853 EMPIRE PIPE CLEANING AND EQUIP 9397 Clean & Video Inspect Sewers/ Dec 13 160-3102-4201 11,790.00 Total : 11,790.00 72996 1/23/2014 18390 ENTERTAINMENT LIGHTING SRVS 0000100570 Equip Rental/ Light Board/1-8 to 1-14-14 001-4601-4201 400.00 Total : 400.00 72997 1/23/2014 18384 EPP, TANYA 03184 Citation Refund/ # 200047181 001-3302 53.00 Total : 53.00 72998 1/23/2014 16932 FAMILY THEATRE INC 245383 Theatre Damage Deposit Refund 001-2111 500.00 Total : 500.00 4Page: 01/23/2014 Check Register CITY OF HERMOSA BEACH 5 4:09:38PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 72999 1/23/2014 15573 FONTIS SOLUTIONS INV166663 Notice of Illegal Parking Postcards 001-1204-4305 816.03 Total : 816.03 73000 1/23/2014 10306 GAGLIA, MICK 03228 Per Diem/ FTO Update 001-2101-4312 24.00 Total : 24.00 73001 1/23/2014 10836 GRAINGER 9328199550 MECHANICS CLEANING SUPPLIES 715-4206-4311 73.25 Total : 73.25 73002 1/23/2014 11509 HENGES, PAULA E E45979 EMBROIDERY/ CITY SEAL ON UNIFORM SHIRTS 001-4202-4314 73.25 Total : 73.25 73003 1/23/2014 00065 HERMOSA BEACH CAR WASH 123113 City Car Washes/ Dec 13 715-2101-4311 283.75 715-4202-4311 10.90 715-2201-4311 17.85 Total : 312.50 73004 1/23/2014 18289 INDUSTRIAL SAFETY SUPPLY 414239 Patrol Car Supplies 001-2101-4305 81.22 Total : 81.22 73005 1/23/2014 02458 INGLEWOOD WHOLESALE ELECTRIC 243888-00 Electrical Supplies - Nov 13 105-2601-4309 262.59 243897-00 Electrical Supplies - Nov 13 105-2601-4309 9.97 Total : 272.56 73006 1/23/2014 09139 IRON MOUNTAIN JWG4498 Off Site Storage/ Jan 14 001-1121-4201 150.12 Total : 150.12 73007 1/23/2014 18377 JAMA AUTO HOUSE INC 03177 Citation Refund/ # 200062616 001-3302 106.00 5Page: 01/23/2014 Check Register CITY OF HERMOSA BEACH 6 4:09:38PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount (Continued)Total : 106.00 73007 1/23/2014 18377 JAMA AUTO HOUSE INC 73008 1/23/2014 10820 JENKINS AND HOGIN LLP 22106 Legal, RE: General/ Dec 13 001-1131-4201 10,397.20 22107 Legal, RE: E & B Oil/ Dec 13 001-2109 1,346.40 22108 Legal, RE: Land Use/ Dec 13 001-1131-4201 841.50 22109 Legal, RE: Pitchess Motions/ Dec 13 001-1131-4201 784.80 22110 Legal, RE: Code Enforcement/ Dec 13 001-1132-4201 25,889.56 Total : 39,259.46 73009 1/23/2014 18373 KADISH, ALEX 03165 Citation Refund/ # 200065561 001-3302 38.00 Total : 38.00 73010 1/23/2014 15397 KILDEBECK, JOHN 010614 Legal Services/ Oct 13 001-1132-4201 9,760.00 01062014 Legal Services/ Nov 13 001-1132-4201 7,320.00 10614 Legal Services/ Sep 13 001-1132-4201 9,760.00 1614 Legal Services/ Aug 13 001-1132-4201 9,760.00 Total : 36,600.00 73011 1/23/2014 14519 KLOSTERMAN, KENNETH 03205 2013 Assessment Tax Rebate 105-3105 24.61 Total : 24.61 73012 1/23/2014 15782 LA CO METRO TRANSPORTATION 800057458 TAPS Bus Pass Sales/ Nov 13 145-3403-4251 198.00 Total : 198.00 73013 1/23/2014 15574 LANDPORT SYSTEMS INC 2014-6180 Service Request System Support/ Jan 14 6Page: 01/23/2014 Check Register CITY OF HERMOSA BEACH 7 4:09:38PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 73013 1/23/2014 (Continued)15574 LANDPORT SYSTEMS INC 715-1206-4201 195.00 Total : 195.00 73014 1/23/2014 18372 LINDEBAUM, GEORGE OR ELEANOR 03157 Business Lic Fee Refund/ # 00019100 001-3115 100.00 Total : 100.00 73015 1/23/2014 18376 LOUGHAN, CHRISTOPHER 03173 Citation Refund/ # 200052809 001-3302 53.00 Total : 53.00 73016 1/23/2014 18122 MARINE RESEARCH SPECIALISTS 514-2013-07 EIR Serv - Oil Project/ Dec 13 001-2109 147,659.47 Total : 147,659.47 73017 1/23/2014 18382 MARSDEN, DAVID 03182 Citation Refund/ # 200016298 001-3302 53.00 Total : 53.00 73018 1/23/2014 17431 MICROSOFT CORPORATION C10005DKHU Office 365 Hosted Email-Kiosk Lic/Dec 13 715-1206-4201 4.50 C10005J60V Office 365 Hosted Email/ Dec 13 715-1206-4201 600.00 C10005NITH Office 365 Hosted Email-Kiosk Lic/Jan 14 715-1206-4201 7.27 Total : 611.77 73019 1/23/2014 18375 MYERS, PAMELA 03172 Citation Refund/ # 1712007818 001-3302 53.00 Total : 53.00 73020 1/23/2014 18374 NIJJAR, PARBINDER P 03166 Citation Refund/ # 200081015 001-3302 28.00 Total : 28.00 73021 1/23/2014 13114 OFFICE DEPOT 690590696001 Office Supplies/ Dec 13 001-1203-4305 61.06 7Page: 01/23/2014 Check Register CITY OF HERMOSA BEACH 8 4:09:38PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount (Continued)Total : 61.06 73021 1/23/2014 13114 OFFICE DEPOT 73022 1/23/2014 02954 ORANGE CO SHERIFF'S DEPT.03227 Regis/ FTO Update - Gaglia 001-2101-4317 55.00 Total : 55.00 73023 1/23/2014 14693 PARS PUBLIC AGENCY RETIREMENT, U.S. BANK27331 PARS/ARS Admin - 6746022400/ Sep 13 001-2201-4185 106.59 001-3302-4185 48.45 001-4101-4185 1.05 001-4204-4185 51.36 001-4601-4185 92.55 Total : 300.00 73024 1/23/2014 17313 POWELL, GEARY 03204 2013 Assessment Tax Rebate 105-3105 24.61 Total : 24.61 73025 1/23/2014 18288 PRO DRYERS 20701 Drinking Fountain/ Pier Restrooms 001-6101-4309 850.43 Total : 850.43 73026 1/23/2014 11539 PROSUM TECHNOLOGY SERVICES 147211 IT SUPPORT/ DEC 13 715-1206-4201 12,659.00 Total : 12,659.00 73027 1/23/2014 01911 PROVIDENCE MEDICAL INSTITUTE 600000285 Pre-employment Physicals/ Nov & Dec 13 001-1203-4320 3,164.00 Total : 3,164.00 73028 1/23/2014 17676 PRUDENTIAL OVERALL SUPPLY 40739303 Mat & Shop Towel Rental/ Dec 13 001-2201-4309 27.18 40739304 Mat Rental/ Dec 13 001-4204-4309 46.28 40739305 Mat Rental/ Dec 13 001-3302-4309 26.78 40739306 Mat Rental/ Dec 13 001-4204-4309 33.68 8Page: 01/23/2014 Check Register CITY OF HERMOSA BEACH 9 4:09:38PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 73028 1/23/2014 (Continued)17676 PRUDENTIAL OVERALL SUPPLY 40739307 Shop Towel Rental/ Dec 13 715-4206-4309 19.68 40739308 Uniforms/ Dec 13 001-4202-4314 39.92 40739309 Mat Rental/ Dec 13 001-2101-4309 33.08 40739310 Mats & Shop Towel Rental/ Dec 13 001-3104-4309 24.18 40743495 Mat & Shop Towel Rental/ Dec 13 001-2201-4309 27.18 40743496 Mat Rentals/ Dec 13 001-4204-4309 46.28 40743497 Mat Rental/ Dec 13 001-3302-4309 26.78 40743498 Mat Rental/ Dec 13 001-4204-4309 33.68 40743499 Shop Towel Rental/ Dec 13 715-4206-4309 19.68 40743500 Uniform Rental/ Dec 13 001-4202-4314 39.92 40743501 Mat Rental/ Dec 13 001-2101-4309 33.08 40743502 Mat & Shop Towel Rental/ Dec 13 001-3104-4309 24.18 Total : 501.56 73029 1/23/2014 18385 ROBERTS, QUINN 03185 Citation Refund/ # 200043987 001-3302 48.00 Total : 48.00 73030 1/23/2014 03353 S.B.C.U. VISA 00338636 CC HPO Training Refreshments 001-1201-4201 11.18 00498858 CC HPO Training Refreshments 001-1201-4201 16.77 9Page: 01/23/2014 Check Register CITY OF HERMOSA BEACH 10 4:09:38PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 73030 1/23/2014 (Continued)03353 S.B.C.U. VISA 03242 CC Lodging/ HPO Training Facilitator 001-1201-4201 498.48 043392 CC Strategic Planning Meeting 001-1201-4305 43.50 122102 CC Community Dialogue Lunch 001-1201-4305 45.33 122613 CC ICMA Internet 001-1202-4201 200.00 144 CC HPO Training Lunch 001-1201-4201 370.60 278499 CC Pulic Relations Meeting with L Mecoy 001-1201-4305 44.95 335036 CC Closed Session Refreshments/ Dec 13 001-1101-4305 35.00 496232 CC HPO Training Lunch 001-1201-4201 339.75 701501 CC Breakfast Meeting/ Police Issues 001-1201-4305 23.37 TR 329 CC Regis/ C Petty - League Academy 001-1101-4317 550.00 TR 330 CC Regis/ H Fangary - League Academy 001-1101-4317 550.00 Total : 2,728.93 73031 1/23/2014 18383 SCHUMACHER, MATTHEW 03183 Citation Refund/ # 1112006103 001-3302 48.00 Total : 48.00 73032 1/23/2014 07158 SIEMENS INDUSTRY INC 400117737 Signal Maint/ Dec 13 001-3104-4201 303.00 Total : 303.00 73033 1/23/2014 10764 SOUTH BAY CENTER FOR 123113 Dispute Resolution/ 2nd Quarter 001-1132-4201 950.00 Total : 950.00 10Page: 01/23/2014 Check Register CITY OF HERMOSA BEACH 11 4:09:38PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 73034 1/23/2014 00159 SOUTHERN CALIFORNIA EDISON CO 2-00-989-6911 Electrical Billing - Dec 13 105-2601-4303 216.97 2-00-989-7315 Electrical Billing - Dec 13 105-2601-4303 13,398.16 2-01-836-7458 Electrical Billing - Dec 13 105-2601-4303 17.79 2-02-274-0542 Electrical Billing - Dec 13 001-6101-4303 27.32 2-08-629-3669 Electrical Billing - Dec 13 001-4204-4303 115.41 2-09-076-5850 Electrical Billing - Dec 13 105-2601-4303 264.90 2-19-024-1604 Electrical Billing - Dec 13 001-4204-4303 2,300.92 2-20-128-4825 Electrical Billing - Dec 13 001-3304-4303 1,400.64 2-20-128-5475 Electrical Billing - Dec 13 001-4204-4303 54.62 2-20-984-6179 Electrical Billing - Dec 13 105-2601-4303 26.65 2-20-984-6369 Electrical Billing - Dec 13 105-2601-4303 144.27 2-21-400-7684 Electrical Billing - Dec 13 105-2601-4303 37.55 2-21-964-8003 Electrical Billing - Dec 13 105-2601-4303 26.13 2-22-267-0663 Electrical Billing - Dec 13 001-3301-4303 29.58 2-26-686-5930 Electrical Billing - Dec 13 105-2601-4303 588.30 2-31-250-3303 Electrical Billing - Dec 13 001-4204-4303 34.32 2-33-095-1989 Electrical Billing - Dec 13 105-2601-4303 26.65 Total : 18,710.18 11Page: 01/23/2014 Check Register CITY OF HERMOSA BEACH 12 4:09:38PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 73035 1/23/2014 00146 SPARKLETTS 4472788 010914 Drinking Water - Dec 13 001-4601-4305 88.73 Total : 88.73 73036 1/23/2014 09532 STAPLES ADVANTAGE 8028138241 Office Supplies Returned/ Dec 13 715-1206-4305 41.87 8028255475 Office Supplies/ Jan 14 715-1206-4305 4.89 Total : 46.76 73037 1/23/2014 00707 STATE BOARD OF EQUALIZATION 12214 Sales & Use Tax Return/ 2013 001-2023 3,493.17 001-2122 1.76 001-1101-4319 2.43 001-1121-4305 0.55 001-1203-4305 1.76 001-1204-4305 24.96 001-2101-4201 0.43 001-2101-4305 4.61 001-2101-4306 2.53 001-2101-4314 1.81 001-2101-4317 0.14 001-2201-4305 3.04 001-2201-4309 1.23 001-2201-4314 0.59 001-2201-5401 2.77 001-2201-5402 14.04 001-3104-4309 5.94 001-3302-4305 13.82 001-3302-4309 5.30 001-4204-4309 4.59 001-4601-4308 2.10 001-6101-4309 4.81 715-2023 28.80 715-2201-4311 0.49 715-4206-4310 0.33 12Page: 01/23/2014 Check Register CITY OF HERMOSA BEACH 13 4:09:38PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount (Continued)Total : 3,622.00 73037 1/23/2014 00707 STATE BOARD OF EQUALIZATION 73038 1/23/2014 14019 SUNSTATE EQUIPMENT COMPANY 5613152-001 EQUIP RENTAL/ TOWABLE GENERATOR 001-4204-4201 1,433.27 5613152-003 Equip Rental/ Towable Generator 001-4204-4201 1,238.72 Total : 2,671.99 73039 1/23/2014 15277 TIME WARNER CABLE 8448300300049969 Cable - PD/ Dec 13 001-2101-4201 87.65 8448300300241673 Internet/Broadband - CR/ Dec 13 715-1206-4201 89.50 8448300300241681 Internet/Broadband - Yard/ Dec 13 715-1206-4201 178.77 8448300300241699 Internet/Broadband - City Hall/ Dec 13 715-1206-4201 84.75 Total : 440.67 73040 1/23/2014 16753 TORRANCE, CITY OF 03192 Regis/ Frilot, Gaglia - Driver Training 001-2101-4317 400.00 Total : 400.00 73041 1/23/2014 18380 TSE, MAN F 03180 Citation Refund/ # 200061854 001-3302 53.00 Total : 53.00 73042 1/23/2014 08207 UNDERGROUND SERVICE ALERT 1220130305 Underground Service Alert/ Dec 13 160-3102-4201 37.50 Total : 37.50 73043 1/23/2014 04768 UPTIME COMPUTER SERVICE 23572 Printer Maintenance/ Feb 14 715-1206-4201 704.60 Total : 704.60 73044 1/23/2014 00015 VERIZON CALIFORNIA 310 318-0200 880930 Phone Charges/ Dec 13 13Page: 01/23/2014 Check Register CITY OF HERMOSA BEACH 14 4:09:38PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 73044 1/23/2014 (Continued)00015 VERIZON CALIFORNIA 001-2101-4304 332.24 001-1121-4304 13.36 001-1132-4304 7.07 001-1141-4304 3.40 001-1201-4304 10.28 001-1202-4304 43.31 001-1203-4304 44.01 001-2201-4304 195.87 001-1208-4304 1.73 001-4101-4304 29.76 001-4601-4304 76.32 001-4201-4304 50.28 001-4202-4304 156.24 001-1204-4304 46.65 001-3302-4304 4.74 715-1206-4304 14.82 310 318-6379 041029 Phone Charges/ Dec 13 001-1121-4304 4.75 001-1132-4304 2.51 001-1141-4304 1.21 001-1201-4304 3.65 001-1202-4304 15.39 001-1203-4304 15.64 001-1208-4304 0.62 001-2101-4304 118.05 001-2201-4304 69.59 001-4101-4304 10.57 001-4201-4304 17.86 001-4202-4304 55.51 001-4601-4304 27.12 001-1204-4304 16.57 001-3302-4304 1.68 715-1206-4304 5.27 310 318-8751 090128 TAPS Line/ Jan 14 001-1204-4304 48.88 14Page: 01/23/2014 Check Register CITY OF HERMOSA BEACH 15 4:09:38PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 73044 1/23/2014 (Continued)00015 VERIZON CALIFORNIA 310 372-6373 040311 Personnel Fax Line/ Jan 14 001-2101-4304 40.18 310 376-6984 720712 Phone Charges/ Dec 13 001-1121-4304 32.27 001-1132-4304 5.38 001-1141-4304 8.07 001-1201-4304 73.95 001-1202-4304 71.27 001-1203-4304 14.79 001-1208-4304 5.38 001-2101-4304 431.62 001-2201-4304 149.26 001-4101-4304 72.62 001-4201-4304 64.54 001-4202-4304 137.15 001-4601-4304 106.23 001-1204-4304 99.50 001-3302-4304 47.07 715-1206-4304 25.55 310 406-2421 000725 Circuit Billing/ Jan 14 001-2101-4304 50.08 310 406-2462 060808 Circuit Billing/ Jan 14 001-2101-4304 45.25 310 RT0-0181 030724 Circuit Billing/ Jan 14 001-2101-4304 60.81 Total : 2,985.92 73045 1/23/2014 03209 VERIZON WIRELESS LA 9716750107 EPCR Program - FD/ Dec 13 001-2101-4304 38.00 9716750107a IPADS W RETINA DISPLAY-PATIENT CARE/ FD 001-2201-5405 2,675.95 Total : 2,713.95 73046 1/23/2014 15597 VORTEX INDUSTRIES 07-796031-1 Apparatus Bay Door Bracing 001-8606-4201 1,124.07 15Page: 01/23/2014 Check Register CITY OF HERMOSA BEACH 16 4:09:38PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount (Continued)Total : 1,124.07 73046 1/23/2014 15597 VORTEX INDUSTRIES 73047 1/23/2014 17971 WESTNET INC 22596 PROGRAMMING/ FD PAGING SYSTEM 001-8606-4201 495.00 Total : 495.00 73048 1/23/2014 15188 WILLDAN FINANCIAL SERVICES 010-22890 District Admin/ 2nd Quarter 137-1219-4201 476.74 138-1219-4201 543.21 136-1219-4201 313.75 139-1219-4201 363.47 135-1219-4201 398.89 Total : 2,096.06 73049 1/23/2014 18368 YEOMANS, MELITTA 03208 2013 Assessment Tax Rebate 105-3105 24.61 Total : 24.61 73050 1/23/2014 14181 YORK 500010005 Worker's Comp Claims Admin/ 3rd Qtr 705-1217-4201 12,350.00 Total : 12,350.00 73051 1/23/2014 14107 YOUNG, JOHN A 03207 2013 Assessment Tax Rebate 105-3105 24.61 Total : 24.61 73052 1/23/2014 18387 ZERWECK, LORIE 03188 Cash Key Deposit & Bal Refund/ # 161969 001-3851 6.50 001-2117 21.00 Total : 27.50 19333231 1/23/2014 14008 YORK SCRMA 01232014 W/Comp Claims - 1/17/14 705-1217-4324 51,908.36 Total : 51,908.36 Bank total : 384,000.29 84 Vouchers for bank code :boa 384,000.29Total vouchers :Vouchers in this report 84 16Page: 01/23/2014 Check Register CITY OF HERMOSA BEACH 17 4:09:38PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount "I hereby certify that the demands or claims covered by the checks listed on pages 1 to 17 inclusive, of the check register for 1/23/14 are accurate funds are available for payment, and are in conformance to the budget." . . . By ______________________________________________ Finance Director . . Date: February 5, 2014 17Page: 01/30/2014 Check Register CITY OF HERMOSA BEACH 1 4:13:28PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 41195 11/20/2013 00170 SOUTHERN CALIFORNIA GAS CO 01100457009 Gas Bill/ 10-7 to 11-5-13 001-4204-4303 45.68 Total : 45.68 44767 11/20/2013 00170 SOUTHERN CALIFORNIA GAS CO 09790459003 Gas Bill/ 10-7 to 11-5-13 001-4204-4303 104.63 Total : 104.63 44934 11/20/2013 00170 SOUTHERN CALIFORNIA GAS CO 10210459003 Gas Bill/ 10-7 to 11-5-13 001-4204-4303 39.98 Total : 39.98 45457 11/20/2013 00170 SOUTHERN CALIFORNIA GAS CO 11540469001 Gas Bill/ 10-7 to 11-4-13 001-4204-4303 29.96 Total : 29.96 46394 11/20/2013 00170 SOUTHERN CALIFORNIA GAS CO 13910446007 Gas Bill/ 10-8 to 11-5-13 001-4204-4303 25.23 Total : 25.23 46493 11/20/2013 00170 SOUTHERN CALIFORNIA GAS CO 14120446001 Gas Bill/ 10-8 to 11-5-13 001-4204-4303 20.46 Total : 20.46 73053 1/30/2014 17588 A AND A READY MIXED 2067185 Concrete/ Jan 14 001-3104-4309 470.88 Total : 470.88 73054 1/30/2014 00321 A T AND T 310 796-6526 991 3 Circuit Billing - Jan 14 001-2101-4304 108.71 331 254-6071 301 5 Circuit Billing - Jan 14 001-2101-4304 56.99 333 267-6155 686 9 Circuit Billing - Jan 14 001-2101-4304 186.16 333 267-6160 767 0 Circuit Billing - Jan 14 001-2101-4304 58.76 1Page: 01/30/2014 Check Register CITY OF HERMOSA BEACH 2 4:13:28PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 73054 1/30/2014 (Continued)00321 A T AND T 333 267-6161 416 3 Circuit Billing - Jan 14 001-2101-4304 58.76 333 267-6164 193 5 Circuit Billing - Jan 14 001-2101-4304 50.12 333 267-6165 717 0 Circuit Billing - Jan 14 001-2101-4304 50.12 Total : 569.62 73055 1/30/2014 12651 AIR CLEANING SYSTEMS 30771 Exhaust System Repairs/ Apparatus Bay 001-2201-4201 226.70 Total : 226.70 73056 1/30/2014 16660 ATHENS SERVICES 4040181013-1a Steam Cleaning - Fiesta/ Sep 13 001-6101-4201 190.26 Total : 190.26 73057 1/30/2014 17599 BAKALY, TOM TR 318 Per Diem/ League CM Meeting 001-1201-4317 125.00 Total : 125.00 73058 1/30/2014 08482 BOUND TREE MEDICAL LLC 81312023 Medical Supplies - Jan 14 001-2201-4309 185.91 Total : 185.91 73059 1/30/2014 17206 BUCKNAM AND ASSOCIATES INC 228-01-09 PAVEMENT MGMT PROG ADMIN/ SEP 13 146-4208-4201 615.00 Total : 615.00 73060 1/30/2014 00262 CALIFORNIA MARKING DEVICE 4117 Self Inking Stamp/ "Approved Building" 001-4201-4305 59.95 4119 Nameplate & Holder/ L Phillips 001-2101-4305 28.34 Total : 88.29 73061 1/30/2014 10838 CANON BUSINESS SOLUTIONS, INC 4011804566 Copier Maintenance-PD/ 10-8-13 to 1-7-14 715-2101-4201 373.90 2Page: 01/30/2014 Check Register CITY OF HERMOSA BEACH 3 4:13:28PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount (Continued)Total : 373.90 73061 1/30/2014 10838 CANON BUSINESS SOLUTIONS, INC 73062 1/30/2014 09632 CDWG JC07201 Toners/ Jan 14 715-1206-4305 570.25 JD38379 Toners/ Jan 14 001-2101-4305 1,435.92 JD90971 Printable DVD Discs 001-2101-4305 355.56 Total : 2,361.73 73063 1/30/2014 15182 COPP CONTRACTING INC 1804 Street Improve-Various Locales/ Pymt 5 147-8127-4201 22,015.86 Total : 22,015.86 73064 1/30/2014 00642 DAILY BREEZE, THE 148592 Public Notice Ad - St Patty's Day Parade 001-4601-4302 272.45 Total : 272.45 73065 1/30/2014 00267 DEPARTMENT OF TRANSPORTATION SL140394 Highway Maint/ 2nd Quarter 105-2601-4251 3,159.32 Total : 3,159.32 73066 1/30/2014 16932 FAMILY THEATRE INC 245429 Theatre Damage Deposit Refund 001-2111 500.00 Total : 500.00 73067 1/30/2014 04685 FIRST CHOICE FIRE PROTECTION 57154 EMERG REPAIRS/ HOSE CABINET - PRKG STRUC 001-3304-4201 1,556.79 Total : 1,556.79 73068 1/30/2014 05125 GHASSEMI PETTY CASH, MARIA 03264 Petty Cash Replenishment/ Jan 14 3Page: 01/30/2014 Check Register CITY OF HERMOSA BEACH 4 4:13:28PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 73068 1/30/2014 (Continued)05125 GHASSEMI PETTY CASH, MARIA 001-1101-4305 66.75 001-1101-4319 260.41 001-1141-4317 40.15 001-1201-4315 35.00 001-1201-4317 13.00 001-2101-4305 49.04 001-2101-4317 12.00 001-4101-4305 75.00 001-4101-4317 8.00 001-4601-4305 118.08 001-4201-4305 70.00 145-8143-4201 8.00 170-2105-4201 20.00 715-1206-4305 76.29 715-3102-4311 87.19 001-1203-4305 85.88 001-1201-4317 24.00 Total : 1,048.79 73069 1/30/2014 13330 HAJOCA CORP S142796972-001 Plumbing Supplies/ Dec 13 001-6101-4309 87.33 Total : 87.33 73070 1/30/2014 14204 HARTZOG AND CRABILL INC 13-1061 TRAFFIC ENGINEERING SERVICES/ NOV 13 001-3104-4201 1,189.50 Total : 1,189.50 73071 1/30/2014 06518 HAYER CONSULTANTS INC 3713 Plan Checks/ Oct 13 001-4201-4201 14,375.69 Total : 14,375.69 73072 1/30/2014 00372 INDEPENDENT CITIES ASSOCIATION TR 337 Regis/ S Papa - ICA Winter Seminar 001-2101-4317 450.00 Total : 450.00 73073 1/30/2014 16742 INDEPENDENT STATIONERS IN-000378095 Office Supplies/ Dec 13 001-4101-4305 17.89 4Page: 01/30/2014 Check Register CITY OF HERMOSA BEACH 5 4:13:28PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 73073 1/30/2014 (Continued)16742 INDEPENDENT STATIONERS IN-000378967 Office Supplies/ Jan 14 001-2101-4305 26.73 IN-000379766 Office Supplies/ Jan 14 001-1121-4305 49.74 IN-000380936 Office Supplies/ Jan 14 001-3302-4305 15.84 Total : 110.20 73074 1/30/2014 02458 INGLEWOOD WHOLESALE ELECTRIC 244074-00 Electrical Supplies - Dec 13 105-2601-4309 266.72 001-2021 4.75 001-2022 -4.75 244148-00 Electrical Supplies - Jan 14 105-2601-4309 214.00 001-2021 4.00 001-2022 -4.00 244207-00 Electrical Supplies - Jan 14 001-4204-4309 211.87 001-2021 3.96 001-2022 -3.96 Total : 692.59 73075 1/30/2014 13840 JOHN M CRUIKSHANK 12226 ENGINEERING SER - PIER REPAIRS/ NOV 13 122-8659-4201 6,255.00 Total : 6,255.00 73076 1/30/2014 00151 LA CO SHERIFFS DEPARTMENT 142502WC Prisoner Meals/ Dec 13 001-2101-4306 139.10 Total : 139.10 73077 1/30/2014 00167 LEARNED LUMBER B385301 Lumber Supplies/ Jan 14 001-3104-4309 53.71 B385365 Lumber Supplies/ Jan 14 001-3104-4309 66.12 B385428 Lumber Supplies/ Jan 14 001-3104-4309 24.87 5Page: 01/30/2014 Check Register CITY OF HERMOSA BEACH 6 4:13:28PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 73077 1/30/2014 (Continued)00167 LEARNED LUMBER B386328 Hardware Supplies/ Jan 14 001-4204-4309 53.16 B386363 Hardware Supplies/ Jan 14 001-4204-4309 18.15 B386398 Hardware Supplies/ Jan 14 001-3104-4309 76.25 Total : 292.26 73078 1/30/2014 02175 LIEBERT CASSIDY WHITMORE 175046 Legal, RE: Personnel Matter/ Dec 13 001-1203-4201 7,565.90 175047 Legal, RE: Personnel Matter/ Dec 13 001-1203-4201 964.00 Total : 8,529.90 73079 1/30/2014 00289 MARTIN AND CHAPMAN CO 2013357 Election Supplies 001-1121-4251 55.60 Total : 55.60 73080 1/30/2014 16541 MIDCITY MAILING SERVICES CORP 03250 Mailing Service/ Public Info Mailer 001-2109 1,907.00 20399 Public Meeting Notice Prep & Mailing 001-4601-4302 659.72 Total : 2,566.72 73081 1/30/2014 13791 MONTROSE AND ASSOCIATES INC 25113 AV Equip Maint/ Jan 14 715-4204-4201 540.00 Total : 540.00 73082 1/30/2014 11454 MOST DEPENDABLE FOUNTAINS INV30529 Drinking Fountain Parts 001-6101-4309 82.00 Total : 82.00 73083 1/30/2014 16999 OLSEN, KATHLEEN 246104 Excursion Refund 001-2111 50.00 Total : 50.00 6Page: 01/30/2014 Check Register CITY OF HERMOSA BEACH 7 4:13:28PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 73084 1/30/2014 17007 ORTLEY TRANSPORTATION 3139 Afterschool Shuttle/ 1-21 to 1-31-14 145-3411-4201 2,070.00 Total : 2,070.00 73085 1/30/2014 18333 PAPA, SHARON TR 337 Per Diem/ ICA Winter Seminar 001-2101-4317 100.00 Total : 100.00 73086 1/30/2014 14693 PARS PUBLIC AGENCY RETIREMENT, U.S. BANK27516 PARS/ARS Admin - 6746022400/ Oct 13 001-2201-4185 104.79 001-3302-4185 25.50 001-4204-4185 63.24 001-4601-4185 106.47 27820 PARS/ARS Admin - 6746022400/ Nov 13 001-2201-4185 111.57 001-3302-4185 13.80 001-4101-4185 7.80 001-4204-4185 57.21 001-4601-4185 109.62 Total : 600.00 73087 1/30/2014 16650 PAYPAL INC 27894114 Credit Processing - Prkg Meters/ Nov 13 001-3302-4201 174.11 001-3305-4201 688.51 001-3304-4201 897.34 001-3302-4201 315.98 28571723 Credit Processing - Prkg Meters/ Dec 13 001-3302-4201 148.70 001-3305-4201 648.64 001-3304-4201 804.82 001-3302-4201 102.14 Total : 3,780.24 73088 1/30/2014 13309 PEREZ, SHAWN 03203 Instructor Pymt/ # 19227, 234 001-4601-4221 539.00 Total : 539.00 7Page: 01/30/2014 Check Register CITY OF HERMOSA BEACH 8 4:13:28PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 73089 1/30/2014 00398 POSTMASTER 03249 Postage/ Public Info Mailer 001-2109 1,778.40 Total : 1,778.40 73090 1/30/2014 17202 PROJECT PARTNERS INC 6564 TEMP ENGINEERING STAFF/10-26 TO 11-22-13 301-8127-4201 10,512.00 Total : 10,512.00 73091 1/30/2014 18223 RAIMI AND ASSOCIATES INC 13-748 GEN & COASTAL PLAN UPDATE/ NOV 13 001-4104-4201 4,933.73 150-4104-4201 13,283.78 705-4106-4201 90.02 Total : 18,307.53 73092 1/30/2014 13255 REDMOND, GEORGE DAVID 29721 Locksmith Service/ Dec 13 001-4204-4201 100.00 29827 Locksmith Service/ Dec 13 001-4204-4201 145.00 29955 Door Locks 001-4204-4309 326.46 Total : 571.46 73093 1/30/2014 09870 RYDIN DECAL 290874 PARKING DECALS & HANGTAGS 001-1204-4305 6,557.20 Total : 6,557.20 73094 1/30/2014 18210 STANTEC CONSULTING 748234 DESIGN PLAN & SPEC-PCH IMPROVE/ NOV 13 147-8160-4201 5,318.78 Total : 5,318.78 73095 1/30/2014 14019 SUNSTATE EQUIPMENT COMPANY 5655719-001 Equip Rental/ Chipping Hammer 001-3104-4309 257.07 Total : 257.07 73096 1/30/2014 17540 SUPERIOR ALLIANCE ELEVATOR 48413 Emerg Repairs/Parking Structure Elevator 001-3304-4201 2,377.99 Total : 2,377.99 8Page: 01/30/2014 Check Register CITY OF HERMOSA BEACH 9 4:13:28PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 73097 1/30/2014 18393 SURBER, THOMAS 03225 Exp Reimb/ RX Lenses - SBCA Mask 001-2201-4350 280.49 Total : 280.49 73098 1/30/2014 17609 TAPCO INC I443852 Rubber Vehicle Stops - PW 001-3104-4309 566.83 Total : 566.83 73099 1/30/2014 18359 TOBEY, SAMANTHA 244689-690 Damage Deposit Refund 001-2111 50.00 Total : 50.00 73100 1/30/2014 06993 TORRANCE MEMORIAL MEDICAL CTR 4981743 Blood Alcohol Draw/ # 50014476 001-2101-4201 35.00 Total : 35.00 73101 1/30/2014 14528 UNION BANK OF CALIFORNIA, PARS #6746019200012714 PARS/OPEB Contributions - Jan 14 9Page: 01/30/2014 Check Register CITY OF HERMOSA BEACH 10 4:13:28PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 73101 1/30/2014 (Continued)14528 UNION BANK OF CALIFORNIA, PARS #6746019200 001-1101-4190 220.00 001-1121-4190 1,059.00 001-1141-4190 277.00 001-1201-4190 228.00 001-1202-4190 3,341.00 001-1203-4190 990.00 001-1204-4190 2,646.00 001-1208-4190 456.00 001-2101-4190 34,269.00 001-2201-4190 9,887.00 001-3104-4190 2,582.00 001-3301-4190 238.00 001-3302-4190 7,503.00 001-4101-4190 2,609.00 001-4202-4190 2,181.00 001-4204-4190 1,208.00 001-4601-4190 1,785.00 001-6101-4190 1,044.00 105-2601-4190 705.00 160-3102-4190 1,199.00 715-4206-4190 1,108.00 001-4201-4190 2,661.00 10Page: 01/30/2014 Check Register CITY OF HERMOSA BEACH 11 4:13:28PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 73101 1/30/2014 (Continued)14528 UNION BANK OF CALIFORNIA, PARS #6746019200 12714 PARS/OPEB Contributions - Dec 13 001-1101-4190 220.00 001-1121-4190 1,059.00 001-1141-4190 277.00 001-1201-4190 228.00 001-1202-4190 3,341.00 001-1203-4190 990.00 001-1204-4190 2,646.00 001-1208-4190 456.00 001-2101-4190 34,269.00 001-2201-4190 9,887.00 001-3104-4190 2,582.00 001-3301-4190 238.00 001-3302-4190 7,503.00 001-4101-4190 2,609.00 001-4201-4190 2,661.00 001-4202-4190 2,181.00 001-4204-4190 1,208.00 001-4601-4190 1,785.00 001-6101-4190 1,044.00 105-2601-4190 705.00 160-3102-4190 1,199.00 715-4206-4190 1,108.00 Total : 156,392.00 73102 1/30/2014 00015 VERIZON CALIFORNIA 310 167-1756 990511 Circuit Billing/ Jan 14 001-2101-4304 329.97 310 372-6186 890831 Phone Charges/ Jan 14 001-1202-4304 47.80 310 PL0-0346 030623 Circuit Billing/ Jan 14 001-2101-4304 50.56 310 PL0-0347 030623 Circuit Billing/ Jan 14 001-2101-4304 45.14 Total : 473.47 73103 1/30/2014 16294 VISION INTERNET PROVIDERS INC 26419 WEB HOSTING/ JAN 14 11Page: 01/30/2014 Check Register CITY OF HERMOSA BEACH 12 4:13:28PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 73103 1/30/2014 (Continued)16294 VISION INTERNET PROVIDERS INC 715-1206-4201 200.00 Total : 200.00 73104 1/30/2014 15188 WILLDAN FINANCIAL SERVICES 010-21403 District Admin/ 4th Quarter 12/13 137-1219-4201 417.25 138-1219-4201 489.94 136-1219-4201 302.48 139-1219-4201 342.19 135-1219-4201 358.83 010-23117 Annual Information Stmts/ Myrtle & Loma 137-1219-4201 1,500.00 138-1219-4201 1,500.00 Total : 4,910.69 73105 1/30/2014 13359 WITTMAN ENTERPRISES LLC 13110062 Amb Transport Billing Ser/ Nov 13 001-1202-4201 2,970.08 Total : 2,970.08 73106 1/30/2014 16729 ZAPPIA LAW FIRM 5029 Legal, RE: Personnel Matters/ Dec 13 001-1203-4201 19,919.19 Total : 19,919.19 73107 1/30/2014 10505 ZOLL MEDICAL CORP 2086636 Medical Supplies/ Jan 14 001-2201-4309 482.33 Total : 482.33 507384 12/23/2013 00170 SOUTHERN CALIFORNIA GAS CO 01100457009 Gas Bill/ 11-5 to 12-6-13 001-4204-4303 60.48 Total : 60.48 509882 12/23/2013 00170 SOUTHERN CALIFORNIA GAS CO 09790459003 Gas Bill/ 11-5 to 12-6-13 001-4204-4303 130.22 Total : 130.22 510006 12/23/2013 00170 SOUTHERN CALIFORNIA GAS CO 10210459003 Gas Bill/ 11-5 to 12-6-13 001-4204-4303 48.68 12Page: 01/30/2014 Check Register CITY OF HERMOSA BEACH 13 4:13:28PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount (Continued)Total : 48.68 510006 12/23/2013 00170 SOUTHERN CALIFORNIA GAS CO 510358 12/23/2013 00170 SOUTHERN CALIFORNIA GAS CO 11540469001 Gas Bill/ 11-4 to 12-5-13 001-4204-4303 58.51 Total : 58.51 511026 12/23/2013 00170 SOUTHERN CALIFORNIA GAS CO 13910446007 Gas Bill/ 11-5 to 12-6-13 001-4204-4303 33.95 Total : 33.95 511100 12/23/2013 00170 SOUTHERN CALIFORNIA GAS CO 14120446001 Gas Bill/ 11-5 to 12-6-13 001-4204-4303 21.18 Total : 21.18 909878 1/23/2014 00170 SOUTHERN CALIFORNIA GAS CO 11540469001 Gas Bill/ 12-5-13 to 1-8-14 001-4204-4303 107.61 Total : 107.61 930598 1/27/2014 00170 SOUTHERN CALIFORNIA GAS CO 01100457009 Gas Bill/ 12-6-13 to 1-9-14 001-4204-4303 110.84 Total : 110.84 931750 1/27/2014 00170 SOUTHERN CALIFORNIA GAS CO 09790459003 Gas Bill/ 12-6-13 to 1-9-14 001-4204-4303 182.89 Total : 182.89 931804 1/27/2014 00170 SOUTHERN CALIFORNIA GAS CO 10210459003 Gas Bill/ 12-6-13 to 1-9-14 001-4204-4303 244.95 Total : 244.95 932268 1/27/2014 00170 SOUTHERN CALIFORNIA GAS CO 13910446007 Gas Bill/ 12-6-13 to 1-9-14 001-4204-4303 105.83 Total : 105.83 932307 1/27/2014 00170 SOUTHERN CALIFORNIA GAS CO 14120446001 Gas Bill/ 12-6-13 to 1-9-14 001-4204-4303 25.78 Total : 25.78 13Page: 01/30/2014 Check Register CITY OF HERMOSA BEACH 14 4:13:28PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 1413004373 1/30/2014 14008 YORK SCRMA 01302014 W/Comp Claims - 1/21 & 1/24/14 705-1217-4324 37,711.19 Total : 37,711.19 Bank total : 347,334.19 74 Vouchers for bank code :boa 347,334.19Total vouchers :Vouchers in this report 74 "I hereby certify that the demands or claims covered by the checks listed on pages 1 to 14 inclusive, of the check register for 11/20/13 & 1/30/14 are accurate funds are available for payment, and are in conformance to the budget." . . . By Finance Director . . Date: February 5, 2014 14Page: February 6, 2014 Honorable Mayor and Members Regular Meeting of of the Hermosa Beach City Council February 11, 2014 TENTATIVE FUTURE AGENDA ITEMS ‘ FEBRUARY 25, 2014 @ 6:30pm INTERVIEW APPLICANTS FOR EMERGENCY PREPAREDNESS ADVISORY COMMISSION FEBRUARY 25, 2014 PRESENTATIONS LEADERSHIP HERMOSA BEACH POP ART PROJECT WASTE HAULING UPDATE - ATHENS CONSENT CALENDAR Recommendation to receive and file the action minutes of the Public Works Commission meeting of January 15, 2014 Public Works Director Recommendation to receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of February 4, 2014 Assistant to the City Manager Recommendation to receive and file the action minutes of the Planning Commission meeting of February 18, 2014 Community Development Director CIP No. 10-426, 11-401, & 12-401 Sewer Improvements Various Locations Completion of Contract and Acceptance of Work Public Works Director CIP No. 11-127 & 12-127 Street Improvements Various Locations Completion of Contract and Acceptance of Work Public Works Director MUNICIPAL MATTERS Mid-Year Budget Review Finance Director THURSDAY, FEBRUARY 27, 2014 @ 7:00PM PRE-BUDGET/GOAL REVIEW MEETING MARCH 7, 2014 @ 9:00AM – 5:00PM STRATEGIC PLANNING SESSION MARCH 11, 2014 @ 6:00PM STUDY SESSION: POLICE/FIRE STUDY PENDING ITEMS Discussion and Direction Concerning New Revenue Sources:  Demand pricing for parking meters  Convenience Fee  Grant Applications  Green Zone Recommendations and the Installation of Silver and Green Meters Downtown Finance Director Restaurant/Bar Definition - Policy Discussion Community Development Director Consideration of reduction of business license fee request from Carol G. Weiss, Ph.D.. Finance Director Procurement Policies - RFP City Manager Short-term Rentals Community Development Director Ethics Policy City Manager & Finance Director Carbon Neutrality Goals Community Development Director Food Trucks Community Development Director 2c PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MINUTES OF THE DECEMBER 3RD, 2013 MEETING The meeting was called to order by Commissioner Maxwell. Pledge of Allegiance Roll Call Present: Commissioners Jani Lange, Dylan Lauzon, Jeff Maxwell, Laura Raymond and Robert Rosenfeld Assistant to the City Manager Diane Strickfaden Senior Recreation Supervisor Kelly Orta Approval of Minutes: September 16th, 2013 and October 1st, 2013 Motion by Commissioner Lauzon to approve the Minutes of September 16th, 2013 Commissioner Rosenfeld seconded the motion All Ayes Motion by Commissioner Raymond to approve the Minutes of October 1st, 2013 Commissioner Lauzon seconded the motion All Ayes Public Comment Redondo Beach resident, David Dill, is part of the Special Olympics movements. As awareness rises for the Special Olympics in the South Bay Community, Dill wants to take advantage of the opportunity and work together with staff and the community, and asks for support and participation. Hermosa Beach resident and former Commissioner, Bill Sigler asked that the Special Event fees be reviewed for small-scale events. Because of the substantial fees, producers of smaller events consider not holding their event and current fees serve as a deterrent for those putting on non- permitted events from running their events with a permit. Ashley Cohen, Hermosa Beach Resident and member of Leadership Hermosa, discussed the Pop-Art project, which will incorporate art into the community that reflects the culture and history of Hermosa Beach. Currently the volleyball posts are in bad condition and the Pop-Art project will allow local artists to compete to design art for the posts, and the art will be revealed during a community “Paint Our Post” event in May of 2014. Motion by Commissioner Rosenfeld to revisit the Special Event fees for small-scale events at the next scheduled meeting Commissioner Lange seconded the motion All Ayes Correspondence None. Matters for Commission Consideration A. Volleyball Courts at 8th Street Strickfaden presented the Staff Report. Commissioner Maxwell invited the public to speak on this matter. John Mesko, 808 The Strand, Hermosa Beach, said that the courts were moved closer to the strand for a photo-shoot and when moved back they were re-positioned to be aligned with the other courts to improve the overall look of the beach. Since a majority of the courts lay 50 ft. to the strand, it looks odd to have the others farther from the strand. Commissioner Maxwell asked when this idea to move the courts closer to the strand surfaced, asking whether it was before or after the photo-shoot. Mesko stated that it was after the photo-shoot. Commissioner Lauzon asked if the courts were maintained by Mesko at his own cost. Mesko said yes, and the most recent poles were purchased himself. Comissioner Maxwell asked if there are any other advantages or disadvantages to the courts being in the new location. Mesko said only visual advantages but due to the City’s huge volleyball culture, the attention to such detail is appropriate. Commissioner Maxwell asked if anyone has approached Mesko in opposition to where the courts currently reside, which is at 50 ft. from the strand. Mesko stated that Fangary has. Andrew Welch, 702 Manhattan Avenue, said he has also used and maintained the courts for years prior to Mesko’s residency. There are not enough nets. The two courts being discussed were removed during summertime, which made it more of a problem. He mentions that due to damage done to the poles and replacements that have been done, the poles have moved on numerous occasions. Welch would like the courts back. Hany Fangary, Hermosa Beach Resident, opposes the application to re-install the courts at 50 ft. from the strand. Fangary acknowledges the Hermosa Beach volleyball culture and its importance to the Community, but the issue is how the application came forth and how a balance needs to be made between other beach activities and volleyball. Another concern is the rule adopted that there should be two courts at each block and that it should remain as so. If the courts are closer to the strand, it impairs those who live near the strand and their beach enjoyment, as well as others visiting because of profanity and drinking from some users of the volleyball courts. Much City Staff time was spent to address the issue of relocating these courts. Since the courts were grandfathered in at 80 ft. from the strand, it should remain as so. Jay Moriarty, 42 8th street, shared that the courts were pivotal to his view of the beach and votes they are put in back to where they originally were, at 80 ft. Ryan Tucker, 531 Pier Avenue, another 8th St. volleyball player, stated that only one court was in violation of the rules so both should not have been removed. Tucker just wants both courts back, whether it’s at 80 ft. or 50 ft. Dina Fangary, Hermosa Beach Resident, shared a letter from her 13-year-old daughter who does not support the courts at 50 ft. due to the profanity, and drinking from users, and supports the courts put back at their original location at 80 ft. Chris Carcany, 700 The Strand, received pictures from Frank Senteno, Public Works Director, of the courts at 80 ft. from 2006 and 2011. The City having to remove the courts at tax payer dollars is unfortunate. Carcany stated there should remain at 80 ft., as they were and any closer causes problems. Commissioner Maxwell closed the public forum and brought up the topic for discussion amongst the Commissioners. The general consensus is to have the courts but the question remains as to where. The profanity and alcohol is a separate issue, regardless of location. At 80 ft., as before, it seems to be acceptable by all. Commissioner Lauzon agreed and mentioned the courts being relocated would not change much other than aesthetics. Commissioner Raymond asked for clarification on the number of courts that are an issue. Strickfaden stated that when one of the two courts, originally at 80 ft., were moved, only one was put back at 80 ft. Still, notices were posted on the poles. The one court moved to 50 ft., as well as the other court still at 80 ft. that was originally aligned to it. Notices were ignored, so both courts were removed by the Public Works Department. Commissioner Maxwell asked that prior to the relocation of the courts, if there were any complaints of them visually displeasing at 80 ft., unaligned for the other courts. Strickfaden said no. Commissioner Lange questioned who holds ownership of the courts. Strickfaden noted that the City owns and maintains 16 volleyball courts within the commercial zone and that all others were installed by private parties. If there is an issue, notices are put on the poles Commissioner Maxwell stated if there was no opposition to moving them, there’d be no issue at 50 ft. Since there is, it’s probable that most would rather have the courts back at 80 ft. instead of not having the courts back at all. Commissioner Raymond said the issue of profanity and alcohol should be irrelevant to the decision on location because it is a separate issue. The Police Department should be contacted as these issues arise. The beach belongs to all for all activities, and no ownership of the beach, despite the location of residency, should matter in the discussion. It is agreed that the court needs to go back and the other grievances need to be addressed differently. Commissioner Maxwell asked what would have been the appropriate procedure to move from 80 ft. to 50 ft. Strickfaden stated there is an application to relocate and install a court, which goes to the Parks and Recreation Commission and City Council for a Public Hearing. This application process came about in the 80’s. Commissioner Rosenfeld stated that 2 courts are better than none and that the two courts need to be put back at 80 ft. Motion by Commissioner Rosenfeld to permit the installation of both courts back to 80 ft. Commissioner Raymond seconded the motion All Ayes B. 2014 Special Events Strickfaden presented the Staff Report. Also, a late Special Event Application was presented by TEDx that is not included in the report. Commissioner Maxwell opened a Public Hearing to discuss the Special Events. Chris Pollock, co-president of the Berkeley House Alumni Network, is working with ONEHOPE Foundation to put on a TEDx type of event. There is an application process to get the name TEDx incorporated, which cannot be completed until a venue is confirmed. No more than 100 individuals are permitted at the event unless someone is present that has attended a TEDx event prior, which they are working on having so they can achieve attendance for up to 400 individuals. The location desired is the south side of the pier with the pier as the backdrop for this non-profit speaker series. Commissioner Raymond asked if this event should be looked at tonight, despite not being on the agenda. Strickfaden said their application is not complete, but the event may be looked at tonight. Commissioner Lange asked for a description of the setup for this event. Pollock stated it will be similar to the concert series, with a stage built on the south side of the pier with the audience to the south of it. One tent located at one of the stage sides would be for V.I.P.s, consisting of the speakers, etc. Additional tents will be present for local companies providing coffee, lunch and dinner. Commissioner Lange asked who will be providing production and sound. Pollock said there are talks with VOX, and other South Bay Companies. Commissioner Rosenfeld asked if the event area will be partitioned off. Pollock said they would like to rope off the area with volunteers checking in attendees. Commissioner Raymond asked if there will be an entry fee and if any aspect of the event will be open to the public. Pollock stated there is an entry fee and that yes, the public is free to listen in since the speakers will be amplified. Those who pay the entry fee will receive a gift bag, coffee, lunch and dinner. Commissioner Rosenfeld stated that Commission has had an issue with any obstruction to public access on the beach. Commissioner Raymond agreed. Pollock said this aspect could be eliminated. Those who paid the entry fee could be given a wristband to determine those who should receive the gift bags and refreshments. Commissioner Lange asked the hours needed for the event. Pollock said setup would begin at 7am with a beach clean-up from 9-10am, and an hour break after. Once the event begins, there will be 10-15 speakers at 10-15 minutes each with a lunch and dinner break worked in. The event would end at 7pm, and clean up would be from 7-9pm. Commissioner Rosenfeld understands the desire to hold the event at the beach but wonders if other venues were considered, such as the Community Center. Pollock stated that if approved, this event will be the first TEDx event held outdoors, and feels that is special to Hermosa Beach. Commissioner Raymond asked if this event could be free. Pollock said if enough sponsors were obtained, then yes. Unfortunately the TEDx license prohibits too many sponsors. Will continue working with TEDx to make it as low cost as possible. Commissioner Rosenfeld and Raymond said more information is needed to approve the event. Strickfaden said it would be helpful to meet with the Special Event Team regarding issues such as the food service, obstruction of public access, and charging admission for a beach event. Pollock stated they will make it work with all restrictions but the biggest issue is setting the date to continue planning, in hopes of locking in March 22nd. Commissioner Lange suggested the event be open to the public, with charges only made to online users viewing the event. Pollock liked the idea. Commissioner Raymond noted that there are missing steps in the application process in order for Commission to make a decision, such as the issues brought up by Strickfaden needing to be discussed with the Special Events Team. Commissioner Maxwell asked if March 22nd was the only date proposed. Pollock stated that either the 22nd or 29th is desired to align with Beyond Yourself Month for Berkeley alumni. Since attendance is estimated at lower than 500, Pollock states he is surprised to have to take the event to Commission for approval. Commissioner Maxwell asked if Commission should motion to approve on theory after being vetted by staff with final approval given to City Council. Commissioner Raymond is not in favor. Commissioner Rosenfeld agreed. Commissioner Lauzon said more information is needed. Commissioner Rosenfeld asked how quickly the Special Event Team can meet to discuss the issues presented. Strickfaden said a meeting could be held in December. Commissioner Rosenfeld stated Commission can’t lock in the date because they cannot review or make recommendations on the application since it’s not complete. Rosenfeld suggests that between now and January City Staff work with the event producer on current issues, then go to Council without a formal recommendation, but with the consensus that a private event on beach is not in favor. Commissioner Raymond agreed. Strickfaden stated that when the event is taken to Council, Staff will make note of concerns. Pollock stated that they will work with staff on creating an acceptable event and will wait for Council’s decision. Commissioner Maxwell opened up the discussion regarding the rest of the event proposals and stated that of those on the list, the reoccurring events with no past issues are automatically approved. Commissioner Lauzon shared concern with the list of events and the multiple fee waivers despite their non-profit or commercial status. Strickfaden said the Municipal Code allows for fee-waiver approval for non-profits if the event provides benefit is provided to the City. Still, if a fee-waiver is requested, regardless of commercial or non-profit status, a form is required. Commissioner Raymond asked what events are still produced by the City. Staff mentioned there are few. The Summer Concert Series are co-sponsored by the City. And the City still produces events such as the Surfer’s Walk of Fame, Sand Snowman Contest, Coastal Clean-up, and Veteran’s Memorial. Commissioner Raymond asked if the events that are co-sponsored by the City are still required to pay fees. Orta stated that direct Staff time is charged based on the City Manager’s discretion. Strickfaden mentioned that those events are taken to City Council for approval since they approve the Master Fee Schedule. Commissioner Raymond stated that a standard application and fee process is desired, but due to the City’s limited number of self-produced events, Commission is more willing to approve events applying for fee-waivers, despite their status, because of the benefit of the events to the Community as a whole. Commissioner Maxwell asked which events are requesting fee-waivers that have not in the past. Strickfaden said commercial events, G.I. Joe Pier to Pier Walk/Run and The Endless Summer Car Show. The remainder of the events applying have not been charged fees in the past. Commissioner Maxwell began the discussion of fee-waivers starting with the St. Patrick’s Day Parade. Commissioner Raymond asked if the St. Patrick’s Day Parade is non-profit and if the fees have been historically waived. Strickfaden stated that yes, they are non-profit and fees have been waived in the past. Commissioner Rosenfeld asked if it’s the same for the Hearts of Hermosa, International Surf Festival and Art Walk. Staff said it is the same. Motion by Commissioner Raymond to approve the fee-waiver applications for non-profit groups, which includes Art Walk, The St. Patrick’s Day Parade, Hearts of Hermosa and International Surf Festival Commissioner Lauzon seconded the motion All Ayes Strickfaden noted that the Hermosa Beach 5K, Richstone Pier to Pier Walk, Summer Shape Up, and USAV High Performance Championships are all returning events, not requesting fee-waivers, and with no existing problems in the past. Motion by Commissioner Rosenfeld to approve the Hermosa Beach 5K, Richstone Pier to Pier Walk, Summer Shape Up, and USAV High Performance Championships Commissioner Raymond seconded the motion All Ayes Commissioner Maxwell asked what staff recommended for Snow Fest and Surf Fest. Strickfaden recommended approval for Snow Fest and Surf Fest. Commissioner Lange abstained from voting as he is an event producer for both events. Commissioner Lauzon shared his support for these events due to their benefits to the City, but still thinks fees should be charged for commercial events to support staff and city costs. Commissioner Raymond asked for a breakdown of the fees proposed for the Surf Fest. Staff said the fees consist of the Application Fee, the Category II fee, the Amplified Sound Permit, and parking spaces in Lot B. Category event fees include impact to city with fees such as cleaning of Pier Plaza, etc. Commissioner Raymond asked for the breakdown of the Snow Fest fees. Staff noted that it’s the same except less parking. Commissioner Rosenfeld asked if the fees for Snow Fest and Surf Fest have been waived in the past. Strickfaden said she was unsure if waived but knows that fees were not collected. Commissioner Lauzon noted that charging high fees for events reduces incentive, but still feels that the direct City costs should be collected. Commissioner Maxwell asked if there is any profit made from these events to the City. Strickfaden said no, and the fees just cover City costs. Motion by Commissioner Rosenfeld to deny the fee-waiver for both Snow Fest and Surf Fest Motion died for lack of second Motion by Commissioner Raymond to approve and waive fees for the Surf Fest and Snow Fest due to the benefit of these events provided to the community Commissioner Lauzon seconded the motion All Ayes Commissioner Maxwell opened up discussion for the Endless Summer Classic Car Show. Commissioner Lauzon stated that the attendance and community benefits need to be considered. Commissioner Maxwell noted there is a community benefit. Commissioner Lauzon noted that the impact to the City is smaller for this event. Motion by Commissioner Lange to approve and waive fees for the Endless Summer Classic Car Show. Commissioner Raymond seconded the motion. All Ayes Commissioner Maxwell opened up discussion for the G.I. Joe Pier to Pier Walk/Run. Commissioner Lauzon noted that the event producer has previously paid fees for this event and his suggestion is to reduce the fees. Commissioner Maxwell said that is not an option. Motion by Commissioner Maxwell to approve the G.I. Joe Pier to Pier Walk/Run and deny the fee-waiver Commissioner Lange seconded the motion Motion passed with three Ayes. C. Surfer’s Walk of Fame Voting Policy Commissioner Maxwell stated the recommendation is to approve option A or B for the proposed voting policy. Orta presented the Staff Report. Commissioner Raymond asked if option A was supported by the surfing community involved. Orta said the policy was created by Staff and former Commissioner Steve Canella, who was part of the vetting process of the original policy. Commissioner Rosenfeld asked if the option is now to induct only one a year. Orta said no. The policy doesn’t state there has to be more than one and it would be at the discretion of Staff and the Surfer’s Walk of Fame Committee. Motion by Commissioner Lange to approve option B, and include the surfing community in the decision process Commissioner Raymond seconded the motion All Ayes Staff Report(s) A. September Activity Report B. October Activity Report Orta provided an overview of the Activity Reports and shared each month’s financials. Also, all Fall/Winter Excursions are currently sold out. C. Hermosa Five-O Senior Center Calendar and Updates Commissioner Lauzon shared the December Calendar and noted that he ran into one of the Ping Pong Club Members who shared that they are getting a second table. D. City Upcoming Special Events Orta shared the upcoming special events, including the Chamber’s Tree Lighting Ceremony, the City’s Sand Snowman Contest, Snow Fest, and the New Year’s Eve Celebration. Commissioner’s Reports Community Garden Project This group is now merged with South Park Master Plan. Community Theatre – Commissioner Raymond Currently on hold. Friends of the Parks – Commissioner Rosenfeld and Lauzon Commissioner Lauzon said the last event, Pumpkins in the Park, was a success with a good time had by all. Currently working on year-end fundraising and next years’ plans. Hermosa Arts Foundation – Commissioner Maxwell No update. Historical Society/Museum – Commissioner Raymond and Lange Commissioner Lange shared the success of their last event, the Volleyball Induction Ceremony. Coming up is their holiday party. A jukebox is going to be added into the museum, which will include music originated from Hermosa Beach. Donations are being accepted in disc or vinyl form. Public Works Master Plan – Commissioner Raymond and Lange No update. South Park Master Plan/Community Garden Project – Commissioner Raymond and Lauzon Strickfaden stated a design contract has been awarded to MIG. A design should be completed by May. Once design is completed, a bid will go out for construction. Commissioner Lauzon shared there is a new gardener and 2 on the waitlist. Discussions are in the works to decide if two new spots will be added for those on the waitlist. The interest is growing. Surfer’s Walk of Fame – Commissioner Lange No update. Items Requested by Commissioners Commissioner Maxwell shared his resignation, as he will no longer be a Hermosa Beach resident. This will be his last meeting. Commissioner Raymond thanked Commissioner Maxwell for his service. Other Matters Commissioner Lange shared details on the upcoming Snow Fest and volunteered to act as a judge for the City’s Sand Snowman contest. Public Comment None. Motion by Commissioner Rosenfeld to adjourn the meeting Commissioner Lauzon seconded the motion All Ayes Page 1 of 11 SECOND RESTATED CONCERT SERIES PRODUCER AGREEMENT BETWEEN THE CITY OF HERMOSA BEACH AND PHILIA GROUP LLC dba SAINT ROCKE This SECOND RESTATED CONCERT SERIES PRODUCER AGREEMENT (“Second Restated Agreement” or “Agreement”) is made and entered into by and between the CITY OF HERMOSA BEACH ("City"), a municipal corporation, and Philia Group, LLC dba Saint Rocke, a California Limited Liability Corporation (“Producer”). R E C I T A L S A. On October 1, 2010 City and Producer entered into a Summer Beach Concert Series Producer Agreement (“Agreement”) under which Producer acting in its capacity as a qualified independent contractor has produced City’s 2011, 2012 and 2013 summer beach concert series (“Summer Concerts” or “beach concerts”). B. On ____________, City and Producer revised certain provisions of the Agreement in the form of a Restated Summer Beach Concert Series Producer Agreement (“Restated Agreement”). C. The parties now desire to extend the term of the Restated Agreement, add provisions authorizing the addition of off-season concerts (“off-season concerts”) and a New Years Eve event and otherwise revise certain provisions of the Restated Agreement and memorialize the modifications in the form of a second fully integrated restated agreement. NOW, THEREFORE, in consideration of the promises, covenants, and agreements set forth herein, the parties hereto agree and represent as follows: 1. TERM OF AGREEMENT The term of this Agreement shall commence on October 1, 2010 and shall terminate December 31, 2018 unless terminated in writing by the City prior to that date. 2. PRODUCER’S OBLIGATIONS AND RIGHTS A. Producer shall at its sole cost and expense organize, manage and conduct the City’s summer beach concert series for the term of this Agreement and do all of the following: (1) Secure and compensate performing artists, subject to City Manager approval, for the number of concerts on the dates and at the times approved by City. City Manager approval of performing artists shall be given within seven days of Producer’s delivery of names of proposed artists. The City-approved concert schedule each year this Agreement is in effect shall be considered an addendum to this Agreement. Page 2 of 11 (2) Provide a stage and sound system from a licensed production company, sound crew and stage crew. (3) Provide all staffing necessary to execute all aspects of the concerts relating to staging, sound and artist performances. (4) Provide stage specifications to the Building Department for review and approval prior to construction of the stage. (5) Provide perimeter security fencing for the stage. (6) Secure a banner permit, design and print at Producer’s expense and provide City with two banners that satisfy City’s regulations and specifications for installation by City at Pacific Coast Highway and 1st Street and the intersection at Pier and Hermosa Avenues. Banner content is subject to advance approval by the City Manager, which approval will not be unreasonably withheld. (7) Comply with all applicable laws and City ordinances in the performance of this Agreement. (8) Attend pre-operation and post-concert meetings with City staff. (9) Publicize the concerts on its website and otherwise in its discretion. Producer may at its sole cost and expense, and subject to concurrence by the Hermosa Beach Chamber of Commerce, erect street pole banners in accordance with the terms of an agreement, if one is executed, between the City and the Chamber. The content of such banners is subject to advance City written approval by the City Manager, which approval will not be unreasonably withheld. (10) Obtain and maintain in force for the duration of this Agreement a policy of commercial general liability and property damage insurance, insuring CITY its elected and appointed officers, agents, and employees from claims for damages for personal injury, including death, as well as from claims for property damage which may arise from Producer’s actions and performance under this Agreement, whether or not done by Producer or anyone directly or indirectly employed by Producer. Such insurance shall have a combined single limit of not less than $2,000,000. City, its elected and appointed officers, agents, and employees shall be named as additional insureds on the policy. Producer shall furnish CITY, prior to the execution of this Agreement, satisfactory evidence of the insurance required, issued by an insurer authorized to do business in California, and an endorsement to each such policy of insurance evidencing that each carrier is required to give CITY at least 10 days prior written notice of the cancellation during the term of the Agreement. All required insurance policies are subject to approval of the City Attorney. Failure on the part of Producer to procure or maintain said insurance in full force and effect shall constitute a material breach of this Agreement; in such event City may pay any premiums therefor at Producer’s expense. Producer shall also carry Worker’s Compensation Page 3 of 11 Insurance for all Producer’s employees to the extent required by the State of California. (11) The concerts shall be free to the public and no tickets will be sold or required to attend the concerts, except as provided in paragraph 2C(5) below regarding the VIP area. B. Producer shall at its sole cost and expense organize, manage and conduct not more than two off-season concerts in Parking Lot A on dates determined by City and do all of the following: (1) Perform the obligations set forth in and comply with subparagraphs 1 – 10 of paragraph A above. (2) The concerts will take place during the months of September through May on weekend dates determined by the City and may include both Saturday and Sunday as a single concert event. (3) The concerts will be of such duration as is approved by City and will take place within the following timeframes: Saturday: No earlier than 12:00 Noon and no later than 11:00 p.m. Sunday: No earlier than 12:00 Noon and no later than 7:00 p.m. (4) Producer shall give restaurants within the Hermosa Beach downtown (as defined in Hermosa Beach Municipal Code section 5.04.200(B)) a right of first refusal to sell food and beverages in the concert venue. Restaurants will be afforded ten calendar days within which to respond in writing to the invitation; failure to timely respond in writing will constitute a declination of the invitation. (5) At its election, Producer may at its sole expense offer shuttle transportation to concertgoers, subject to approval of a shuttle transportation plan by the City. (6) Producer will be responsible for procuring any required permits from the Alcohol Beverage Commission, the Los Angeles County Health Department and any other government agencies with jurisdiction. (7) Producer will secure the perimeter of the concert venue in accordance with a site map approved by City. (8) Producer will at its expense provide private security for the event with licensed personnel at the following ratio: 1 security personnel for each 150 attendees. Page 4 of 11 C. With regard to summer beach concerts, Producer shall have: (1) Sole and exclusive control over the production, presentation and performance of the concerts, including but not limited to the details, means and methods of the performances of the performing artists. (2) The exclusive right to photograph, record, cablecast, stream live or reproduce the performances, or any part thereof and use of recorded footage in perpetuity for promotional or other purposes. (3) The sole and exclusive right but not the obligation to sell souvenir programs or other souvenir items, including audio recordings in any and all formats and media in connection with and at the concerts, receipts from which shall belong exclusively to Producer. (4) The right to sell sponsorships for the concert series, provided that sponsors shall be subject to advance City written approval by the City Manager, which approval will not be unreasonably withheld. Sponsor advertising and displays will be permitted subject to City approval of location and manner of advertising and displays, which approval will not be unreasonably withheld. Sponsor tents must be not less than ten (10) feet from the Strand wall and interiors of tents shall be shielded from view from the Strand with opaque backing. Sales of food, non- alcoholic beverages and merchandise may only be made from within sponsor tents and only from the west-facing side of the tents. Producer shall give restaurants within the Hermosa Beach downtown (as defined in Hermosa Beach Municipal Code section 5.04.200(B)) a right of first refusal to sell food from a sponsor tent by way of an email invitation. Restaurants will be afforded ten calendar days within which to respond in writing to the invitation; failure to timely respond in writing will constitute a declination of the invitation. (5) The right to establish a secure VIP backstage area immediately behind the stage. Access to the backstage area is available to any person who purchases an annual donor pass, the price of which is subject to advance approval of the City Manager, and which will be valid for all or a portion of a single year concert series. Walk- up day-of-concert purchase of donor passes on a concert-by-concert basis is prohibited. Producer may serve food and beverages, excluding alcoholic beverages, in the backstage area. Producer may utilize the revenues from the sale of donor passes to offset the production costs of the concert series. (6) The exclusive right to produce summer beach concerts for the City during the term of this Agreement. D. With regard to off-season concerts, Producer shall have: (1) The rights set forth in subparagraphs (1), (2) and (3) in paragraph C above. Page 5 of 11 (2) The right to sell sponsorships for the concert series, provided that sponsors shall be subject to advance City written approval by the City Manager, which approval will not be unreasonably withheld. Sponsor advertising and displays will be permitted subject to City approval of location and manner of advertising and displays, which approval will not be unreasonably withheld. (3) The right to sell alcoholic beverages within the concert venue in accordance with a site plan approved by the City. (4) The exclusive right to produce off-season concerts for the City during the term of this Agreement. (5) The right to incorporate Producer’s name into the title of the concert. E. If requested by City as provided in Paragraph 3.G below, Producer will produce the City’s New Years Eve event at its sole cost and expense. 3. CITY’S OBLIGATIONS AND RIGHTS A. City shall be responsible for providing the following in connection with the summer beach concerts: (1) Publicity for the concert series by way of postings on the City’s Website calendar, posting on the marquee sign on Pacific Coast Highway/Pier Avenue, and installation of two banners (provided by Producer) across the public right-of-way at Pacific Coast Highway and 1st Street and at the intersection of Hermosa and Pier Avenues for the period commencing thirty days prior to the date of the first concert and ending on the day following the last concert. (2) General comprehensive liability insurance coverage in an amount not less than its usual limits through the ICRMA insurance pool to protect against any claim for personal injury or property damage brought by or on behalf of any person as a result of or in connection with the concerts. Producer will be named as an additional insured on City’s policy as regards City’s responsibilities under this Second Restated Agreement. (3) Services from its Public Works Department and Building & Safety Division; volleyball net removal and replacement; Amplified Sound Permit; portable toilet facilities; trash and recycling receptacles; and marking of beach quadrants and handicap access. Page 6 of 11 (4) Make a portion of the City beach and a 40’ x 40’ space in the far northwest corner of Pier Plaza, as described in Exhibit A attached hereto and incorporated herein by reference available for the concerts. City shall prepare, after consultation with Producer, a scaled plot plan showing the location of all structures, tents, seating areas, portable toilets, generators, waste and recycle bins and any other equipment to be used for the concerts. The 40’ X 40’ space on Pier Plaza will be made available to Producer commencing at 11:00 a.m. on the day of each concert. (5) Forty reserved parking spaces on the westerly portion of Lot A from 10:00 a.m. until 6:00 p.m. on the day of each concert. City will provide parking passes to Producer for its production staff for use of the reserved spaces. Any unused spaces will be made available for public use after 6:00 p.m. Producer may at its expense provide a monitor to manage the reserved spaces. (6) Crowd management, utilizing its usual and customary police and other staff resources and private security to the extent deemed necessary in City’s discretion. City will consider Producer’s recommendations regarding the need for additional security. B. City shall be responsible for providing the following in connection with the off- season concerts: (1) The items set forth in subparagraphs (1) and (2) of paragraph A above. (2) The items set forth in subparagraph (3) of paragraph A above, excluding volleyball net removal and replacement and marking of beach quadrants. (3) Provide necessary consents for the concerts to the Alcohol Beverage Commission and the Los Angeles County Health Department. C. City reserves all right, title and interest to the concert series described in this Agreement whether located on the beach, Parking Lot A , in a City park or on other City- owned property. Producer acknowledges the City’s exclusive right, title, and interest in and to the concert series and acknowledges that nothing herein shall be construed to accord to Producer any rights in the concert series or its name to Producer. Producer warrants and represents that it will not at any time challenge the City’s right, title, or interest in the concert series. The foregoing notwithstanding, City acknowledges Producer’s rights to its own name and agrees that upon expiration or other conclusion of this Agreement, City will not use Producer’s name in connection with City concerts. D. City reserves the right to approve the location and manner of sponsor advertising and displays, which approval will not be unreasonably withheld. Page 7 of 11 E. City reserves the right for the City Council at any time to cancel one or more of the summer beach concerts contemplated by this Agreement if it finds based on evidence that the concert(s) are detrimental to public safety. F. City reserves the right for the City Council, in its sole and absolute discretion after production of two off-season concerts to discontinue the off-season concert series. G. City may in its discretion direct Producer to produce at Producer’s expense a New Years Eve event on lower Pier Plaza within specific parameters determined by City substantially similar to the event that has occurred in the five years preceding this Agreement. The event will include live music, be family-friendly and free to the public. Producer may secure sponsors for the event. 4. COMPENSATION City shall have no obligation to compensate Producer for its services under this Agreement. Producer shall be compensated solely from sponsorship fees, revenues from souvenirs that it arranges pursuant to its rights under Section 2 of this Agreement and ticket revenues from the off-season concerts. Producer shall pay City for each off-season concert the greater of $10,000 or an amount equal to the sum of 10% of the gross sponsorship revenue plus 2% of net ticket sale revenue, but in no event more than $25,000. For purposes of this paragraph “net ticket sale revenue” means total ticket sales less credit card and ticketing transaction fees. Producer shall maintain accounts and records adequate to identify and account for all sponsorship revenues obtained pursuant to this Agreement. All records shall be made available at the request of City, with reasonable notice, during regular business hours, and shall be retained by Producer for a period of three years after the expiration of this Agreement. 5. DEFAULTS In the event that it is determined that either party has committed a material breach in the performance of any of the terms or conditions of this Agreement or fails to conform to the rules and regulations or any of the directions or instructions that may be properly made by the City in the exercise of its powers or becomes unable through corporate incapacity to fulfill its obligations under this agreement or defaults in the performance of any of the other terms or provisions therein required, the claiming party shall provide the defaulting party a written notice of such default. If the defaulting party does not cure said default within ten (10) days after such notice was first received or, make reasonable efforts to cure said default, it is mutually agreed and understood that this Agreement may be terminated. In the event of such termination, should the non-defaulting party be liable for the cost of services performed or acquired or expenses incurred by itself or the defaulting party , , the defaulting party shall pay to the non-defaulting party amounts due and owing prior to such termination. No waiver of any breach of this Agreement shall be held to be a waiver of any other or subsequent breach. Page 8 of 11 In the event of a default in the performance of this Agreement, the maximum damages which either party may seek to recover will be limited to out-of-pocket costs referenced in the paragraph above, taking into account any amounts that the non-defaulting party recovered or could have recovered using its best efforts to mitigate its damages. Notwithstanding the foregoing, neither party will be entitled to recover any alleged lost profits or similar damages. Under no circumstances will either party be liable to the other in contract, tort or otherwise for any indirect, incidental, special, consequential, punitive, exemplary or similar damages that result from its performance or nonperformance hereunder. 6. NOTICES All notices, requests, demands and other, communications between the parties shall be in writing and, unless specifically provided otherwise, shall be delivered personally, by email or mailed first class with postage prepaid and properly addressed as follows: If to Producer, to: Saint Rocke 142 Pacific Coast Highway Hermosa Beach, CA 90254 Attn.: Allen Sanford If to the City, to: Tom Bakaly, City Manager City of Hermosa Beach 1315 Valley Drive Hermosa Beach, Malibu CA 90254 All notices shall be deemed to have been received upon personal delivery, receipt of email or three (3) days after deposit in the U.S. Mail, whichever is earlier. 7. ASSIGNMENT AND DELEGATION Neither Producer nor the City shall assign or otherwise alienate any of its rights or delegate or otherwise transfer any of its duties hereunder except those duties and subcontracts reasonably anticipated under the Agreement. Any permitted assignment or delegation of a party's rights or duties hereunder shall not relieve such party of primary responsibility for the performance thereof. 8. EFFECTIVENESS OF AGREEMENT This Agreement shall not be of any force or effect unless and until it is executed by the authorized representatives of Producer, approved by the City Council of the City, and executed on behalf of the City by the City Manager. Each party represents and warrants that it has the right and authority to enter into this Agreement and that by entering into this Agreement it will Page 9 of 11 not violate, conflict with or cause a material default under any other contract, undertaking, judgment or encumbrance to which it is a party. 9. INDEMNITY City shall indemnify, protect, defend and hold harmless Producer from and against any and all losses, liabilities, damages, costs and expenses, including reasonable attorney’s fees and costs which arise out of, pertain to, or relate to the City’s negligent or wrongful performance of its obligations under this Agreement, provided such claims are not caused by negligence or misconduct of the Producer. Producer shall indemnify, protect, defend and hold harmless City, its officers, employees and agents, from and against any and all losses, liabilities, damages, costs and expenses, including reasonable attorney’s fees and costs which arise out of, pertain to, or relate to the Producer’s and Producer’s subcontractor’s negligent or wrongful performance of its obligations under this Agreement, provided such claims are not caused by negligence or misconduct of the City. These indemnity obligations shall survive termination or expiration of this Agreement. 10. NO WARRANTIES Producer makes no warranties of any kind, express of implied, in connection with the performances of the performing artists. Producer hereby expressly disclaims any implied warranties arising from a course of dealing of course of performance. Except as provided herein, no oral or written information given by Producer will create a warranty or representation and City expressly acknowledges that it has not entered into this Agreement in reliance upon any alleged representation or warranty of Producer. 11. FORCE MAJEURE A force majeure event under this Agreement is an event beyond the control of the Producer that makes performance of its obligations hereunder impossible, impracticable or unsafe, including fire; threats or acts of terrorism or other forms of civil disorder in or near the concert venue; strikes or lockouts or other labor strife; acts of God; absence of electrical power or other essential services; any act or rule of any court of governmental agency with jurisdiction; or other similar cause. If a force majeure event occurs, the parties’ obligations hereunder will be excused fully, without any additional obligation and each of the parties will bear its own costs incurred in connection with this Agreement. 12. GOVERNING LAW This Agreement shall be governed by and construed in accordance with the laws of the State of California and of the City. In the event of a dispute concerning the rights, duties, and obligations arising out of this Agreement, the parties agree that exclusive venue for all such disputes shall be in the State of California, County of Los Angeles. Page 10 of 11 13. NONDISCRIMINATION Producer shall not discriminate on the basis of race, national origin, gender, age, sexual orientation or religion in the performance of this Agreement. 14. AMENDMENT This Agreement may only be amended by a writing executed by all of the parties hereto. 15. ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the City and Producer on this subject matter and supersedes any and all oral or written agreements or understandings between the parties as to the subject matter of this Agreement. This Agreement may be changed only by a writing executed by both parties that expressly states that it is changing the provisions of this Agreement. 16. NO AGENCY. The parties hereto are separate and independent, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. Neither party shall make any warranties or representations on behalf of the other party. This Second Restated Agreement is executed on this day of , 2014, at Hermosa Beach, California, and effective as of _________ , 2014. CITY OF HERMOSA BEACH ___________________________________ Tom Bakaly, City Manager ATTEST: ___________________________________ Elaine Doerfling, City Clerk (seal) PHILIA GROUP, LLC dba SAINT ROCKE _______________________________ Allen Sanford Page 11 of 11 APPROVED AS TO FORM: ___________________________________ Michael Jenkins, City Attorney Page 1 of 11 SECOND RESTATED SUMMER BEACH CONCERT SERIES PRODUCER AGREEMENT BETWEEN THE CITY OF HERMOSA BEACH AND PHILIA GROUP LLC dba SAINT ROCKE This SECOND RESTATED SUMMER BEACH CONCERT SERIES PRODUCER AGREEMENT (“Second Restated Agreement or “Agreement”) is made and entered into by and between the CITY OF HERMOSA BEACH ("City"), a municipal corporation, and Philia Group, LLC dba Saint Rocke, a California Limited Liability Corporation (“Producer”). R E C I T A L S A. A. On October 1, 2010 City and Producer entered into a Summer Beach Concert Series Producer Agreement (“Agreement”) under which Producer acting in its capacity as a qualified independent contractor has produced City’s 2011, and 2012 and 2013 summer beach concert series (“Summer Concerts” or “beach concerts” or “concert series”). B. On ____________, City and Producer revised certain provisions of the Agreement in the form of a Restated Summer Beach Concert Series Producer Agreement (“Restated Agreement”). BC. The parties now desire to extend the term of the Restated Agreement, add provisions authorizing the addition of off-season concerts (“off-season concerts”) and a New Years Eve event and otherwise revise certain provisions of the Restated Agreement and memorialize the modifications in the form of a second fully integrated restated agreement. NOW, THEREFORE, in consideration of the promises, covenants, and agreements set forth herein, the parties hereto agree and represent as follows: 1. TERM OF AGREEMENT/RIGHT OF FIRST REFUSAL The term of this Agreement shall commence on October 1, 2010 and shall terminate December 31, 2018September 30, 2015 unless terminated in writing by the City prior to that date. On or before December 31 of each year this Agreement is in effect, City will decide, in its sole and absolute discretion, whether to present a concert series during that calendar year. If the City elects to present a concert series, Producer shall be offered the first right of refusal to produce the concerts in accordance with the terms and conditions set forth below in this Agreement. Producer shall reply to such offer within ten (10) days. In the event that Producer declines, City shall be free to contract with any other person or entity for production of the concerts for that calendar year. 2. PRODUCER’S OBLIGATIONS AND RIGHTS Formatted: Numbered + Level: 1 +Numbering Style: A, B, C, … + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Indent at: 1.27" Page 2 of 11 A. Producer shall at its sole cost and expense organize, manage and conduct the City’s summer summer concert series for the term of this Agreement and do all of the following: (1) Secure and compensate performing artists, subject to City Manager approval, for the number of concerts on the dates and at the times approved by City. City Manager approval of performing artists shall be given within seven days of Producer’s delivery of names of proposed artists. The City-approved concert schedule each year this Agreement is in effect shall be considered an addendum to this Agreement. (2) Provide a stage and sound system from a licensed production company, sound crew and stage crew. (3) Provide all staffing necessary to execute all aspects of the concerts relating to staging, sound and artist performances. (4) Provide stage specifications to the Building Department for review and approval prior to construction of the stage. (4)(5) Provide perimeter security fencing for the stage. (5)(6) Secure a banner permit, design and print at Producer’s expense and provide City with two banners that satisfy City’s regulations and specifications for installation by City at Pacific Coast Highway and 1st Street and the intersection at Pier and Hermosa Avenues. Banner content is subject to advance approval by the City Manager, which approval will not be unreasonably withheld. (6)(7) Comply with all applicable laws and City ordinances in the performance of this Agreement. (7)(8) Attend pre-operation and post-concert meetings with City staff. (8)(9) Publicize the concerts on its website and otherwise in its discretion. Producer may at its sole cost and expense, and subject to concurrence by the Hermosa Beach Chamber of Commerce, erect street pole banners in accordance with the terms of an agreement, if one is executed, between the City and the Chamber. The content of such banners is subject to advance City written approval by the City Manager, which approval will not be unreasonably withheld. (10) (9) Obtain and maintain in force for the duration of this Agreement a policy of commercial general liability and property damage insurance, insuring CITY its elected and appointed officers, agents, and employees from claims for damages for personal injury, including death, as well as from claims for property damage which may arise from Producer’s actions and performance under this Agreement, whether or not done by Producer or anyone directly or indirectly employed by Producer. Such Formatted: List Paragraph, Left, No bullets ornumbering, Adjust space between Latin andAsian text, Adjust space between Asian text andnumbers, Tab stops: Not at 0.88" Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 +Alignment: Left + Aligned at: 0.5" + Indent at: 0.75" Page 3 of 11 insurance shall have a combined single limit of not less than $2,000,000. City, its elected and appointed officers, agents, and employees shall be named as additional insureds on the policy. Producer shall furnish CITY, prior to the execution of this Agreement, satisfactory evidence of the insurance required, issued by an insurer authorized to do business in California, and an endorsement to each such policy of insurance evidencing that each carrier is required to give CITY at least 10 days prior written notice of the cancellation during the term of the Agreement. All required insurance policies are subject to approval of the City Attorney. Failure on the part of Producer to procure or maintain said insurance in full force and effect shall constitute a material breach of this Agreement; in such event City may pay any premiums therefor at Producer’s expense. Producer shall also carry Worker’s Compensation Insurance for all Producer’s employees to the extent required by the State of California. (11) The concerts shall be free to the public and no tickets will be sold or required to attend the concerts, except as provided in paragraph 2C(5) below regarding the VIP area. B. Producer shall at its sole cost and expense organize, manage and conduct not more than two off-season concerts in Parking Lot A on dates determined by City and do all of the following: (1) Perform the obligations set forth in and comply with subparagraphs 1 – 10 of paragraph A above. (2) The concerts will take place during the months of September through May on weekend dates determined by the City and may include both Saturday and Sunday. (3) The concerts will be of such duration as is approved by City and will take place within the following timeframes: Saturday: No earlier than 12:00 Noon and no later than 11:00 p.m. Sunday: No earlier than 12:00 Noon and no later than 7:00 p.m. (4) Producer shall give restaurants within the Hermosa Beach downtown (as defined in Hermosa Beach Municipal Code section 5.04.200(B)) a right of first refusal to sell food and beverages in the concert venue. Restaurants will be afforded ten calendar days within which to respond in writing to the invitation; failure to timely respond in writing will constitute a declination of the invitation. (5) At its election, Producer may at its sole expense offer shuttle transportation to concertgoers, subject to approval of a shuttle transportation plan by the City. Formatted: Numbered + Level: 1 + Numbering Style: A, B, C, … + Start at: 1 +Alignment: Left + Aligned at: 0.25" + Indentat: 0.5" Formatted: Indent: Left: 0.5" Formatted: Numbered + Level: 2 +Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.75" + Indentat: 1" Formatted: Numbered + Level: 2 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.75" + Indentat: 1" Formatted: List Paragraph, Left, No bullets or numbering, Adjust space between Latin andAsian text, Adjust space between Asian text andnumbers Formatted: Numbered + Level: 2 + Numbering Style: 1, 2, 3, … + Start at: 1 +Alignment: Left + Aligned at: 0.75" + Indentat: 1" Formatted: List Paragraph, Left, Indent: Left: 1", No bullets or numbering, Adjust spacebetween Latin and Asian text, Adjust spacebetween Asian text and numbers Formatted: Numbered + Level: 2 + Numbering Style: 1, 2, 3, … + Start at: 1 +Alignment: Left + Aligned at: 0.75" + Indentat: 1" Formatted: List Paragraph, Left, No bullets or numbering, Adjust space between Latin andAsian text, Adjust space between Asian text andnumbers Formatted: Numbered + Level: 2 +Numbering Style: 1, 2, 3, … + Start at: 1 +Alignment: Left + Aligned at: 0.75" + Indentat: 1" Formatted: List Paragraph, Left, No bullets ornumbering, Adjust space between Latin andAsian text, Adjust space between Asian text andnumbers Page 4 of 11 (6) Producer will be responsible for procuring any required permits from the Alcohol Beverage Commission, the Los Angeles County Health Department and any other government agencies with jurisdiction. (7) Producer will secure the perimeter of the concert venue in accordance with a site map approved by City. (8) Producer will at its expense provide private security for the event with licensed personnel at the following ratio: 1 security personnel for each 150 attendees. BC. With regard to summer beach concerts, Producer shall have: (1) Sole and exclusive control over the production, presentation and performance of the concerts, including but not limited to the details, means and methods of the performances of the performing artists. (2) The exclusive right to photograph, record, cablecast, stream live or reproduce the performances, or any part thereof and use of recorded footage in perpetuity for promotional or other purposes. (3) The sole and exclusive right but not the obligation to sell souvenir programs or other souvenir items, including audio recordings in any and all formats and media in connection with and at the concerts, receipts from which shall belong exclusively to Producer. (4) The right to sell sponsorships for the concert series, provided that sponsors shall be subject to advance City written approval by the City Manager, which approval will not be unreasonably withheld. Sponsor advertising and displays will be permitted subject to City approval of location and manner of advertising and displays, which approval will not be unreasonably withheld. Sponsor tents must be not less than ten (10) feet from the Strand wall and interiors of tents shall be shielded from view from the Strand with opaque backing. Sales of food, non- alcoholic beverages and merchandise may only be made from within sponsor tents and only from the west-facing side of the tents. Producer shall give restaurants within the Hermosa Beach downtown (as defined in Hermosa Beach Municipal Code section 5.04.200(B)) a right of first refusal to sell food from a sponsor tent by way of an email invitation. Restaurants will be afforded ten calendar days within which to respond in writing to the invitation; failure to timely respond in writing will constitute a declination of the invitation. (55) The right to establish a secure VIP backstage area immediately behind the stage. Access to the backstage area is available to any person who purchases an annual donor pass, the price of which is subject to advance approval of the City Manager, and which will be valid for all or a portion of a single year concert series. Formatted: Numbered + Level: 2 +Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.75" + Indentat: 1" Formatted: List Paragraph, Left, No bullets ornumbering, Adjust space between Latin and Asian text, Adjust space between Asian text andnumbers Formatted: Numbered + Level: 2 +Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.75" + Indentat: 1" Formatted: List Paragraph, Left, No bullets or numbering, Adjust space between Latin andAsian text, Adjust space between Asian text andnumbers Formatted: Numbered + Level: 2 + Numbering Style: 1, 2, 3, … + Start at: 1 +Alignment: Left + Aligned at: 0.75" + Indentat: 1" Formatted: Indent: Left: 0.75", First line: 0" Page 5 of 11 Walk-up day-of-concert purchase of donor passes on a concert-by-concert basis is prohibited. Producer may serve food and beverages, excluding alcoholic beverages, in the backstage area. Producer may utilize the revenues from the sale of donor passes to offset the production costs of the concert series. (6) The exclusive right to produce summer concerts for the City during the term of this Agreement. D. With regard to off-season concerts, Producer shall have: (1) The rights set forth in subparagraphs (1), (2) and (3) in paragraph C above. (2) The right to sell sponsorships for the concert series, provided that sponsors shall be subject to advance City written approval by the City Manager, which approval will not be unreasonably withheld. Sponsor advertising and displays will be permitted subject to City approval of location and manner of advertising and displays, which approval will not be unreasonably withheld. (3) The right to sell alcoholic beverages within the concert venue in accordance with a site plan approved by the City. (4) The exclusive right to produce off-season concerts for the City during the term of this Agreement. (5) The right to incorporate Producer’s name into the title of the concert. E. If requested by City as provided in Paragraph 3.G below, Producer will produce the City’s New Years Eve event at its sole cost and expense. 3. CITY’S OBLIGATIONS AND RIGHTS A. City shall be responsible for providing the following in connection with the summer concerts: (1) Publicity for the concert series by way of postings on the City’s Website calendar, posting on the marquee sign on Pacific Coast Highway/Pier Avenue, and installation of two banners (provided by Producer) across the public right-of-way at Pacific Coast Highway and 1st Street and at the intersection of Hermosa and Pier Avenues for the period commencing thirty days prior to the date of the first concert and ending on the day following the last concert. City will reimburse Producer the cost of printing the banners. Formatted: Indent: First line: 0" Formatted: Indent: Left: 0.75", First line: 0" Formatted: Indent: Left: 0.25" Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 +Alignment: Left + Aligned at: 0.5" + Indent at: 0.75" Formatted: Indent: Left: 0.75" Formatted: Numbered + Level: 1 +Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Indent at: 0.75" Formatted: List Paragraph, Left, No bullets ornumbering, Adjust space between Latin and Asian text, Adjust space between Asian text andnumbers Formatted: Numbered + Level: 1 +Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Indent at: 0.75" Formatted: List Paragraph, Left, No bullets or numbering, Adjust space between Latin and Asian text, Adjust space between Asian text andnumbers Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 +Alignment: Left + Aligned at: 0.5" + Indent at: 0.75" Formatted: List Paragraph, Left, No bullets or numbering, Adjust space between Latin andAsian text, Adjust space between Asian text andnumbers Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 +Alignment: Left + Aligned at: 0.5" + Indent at: 0.75" Formatted: Indent: Left: 0.13" Page 6 of 11 (2) General comprehensive liability insurance coverage in an amount not less than its usual limits through the ICRMA insurance pool to protect against any claim for personal injury or property damage brought by or on behalf of any person as a result of or in connection with the concerts. Producer will be named as an additional insured on City’s policy as regards City’s responsibilities under this Second Restated Agreement. (3) Services from its Public Works Department and Building & Safety Division; volleyball net removal and replacement; Amplified Sound Permit; portable toilet facilities; trash and recycling receptacles; and marking of beach quadrants and handicap access. (4) Make a portion of the City beach and a 40’ x 40’ space in the far northwest corner of Pier Plaza, as described in Exhibit A attached hereto and incorporated herein by reference available for the concerts. City shall prepare, after consultation with Producer, a scaled plot plan showing the location of all structures, tents, seating areas, portable toilets, generators, waste and recycle bins and any other equipment to be used for the concerts. The 40’ X 40’ space on Pier Plaza will be made available to Producer commencing at 11:00 a.m. on the day of each concert. (5) Forty reserved parking spaces on the westerly portion of Lot A from 10:00 a.m. until 6:00 p.m. on the day of each concert. City will provide parking passes to Producer for its production staff for use of the reserved spaces. Any unused spaces will be made available for public use after 6:00 p.m. Producer may at its expense provide a monitor to manage the reserved spaces. (6) Crowd management, utilizing its usual and customary police and other staff resources and private security to the extent deemed necessary in City’s discretion. City will consider Producer’s recommendations regarding the need for additional security. (7) Provide perimeter security fencing for the stage. B.City shall be responsible for providing the following in connection with the off-season concerts: (1)The items set forth in subparagraphs (1) and (2) of paragraph A above. (2) The items set forth in subparagraph (3) of paragraph A above, excluding volleyball net removal and replacement and marking of beach quadrants. (3)Provide necessary consents for the concerts to the Alcohol Beverage Commission and the Los Angeles County Health Department. Formatted: Indent: Left: 1", No bullets ornumbering Formatted: Indent: Left: 0.25" Formatted: Indent: Left: 0.75" Formatted: Indent: Left: 1" Formatted: Indent: Left: 0.75" Formatted: Indent: Left: 0.75" Page 7 of 11 BC. City reserves all right, title and interest to the summer concert series described in this Agreement whether located on the beach , Parking Lot A ,or in a City park or on other City-owned property. Producer acknowledges the City’s exclusive right, title, and interest in and to the summer concert series and acknowledges that nothing herein shall be construed to accord to Producer any rights in the concert series or its name to Producer. Producer warrants and represents that it will not at any time challenge the City’s right, title, or interest in the summer concert series. The foregoing notwithstanding, City acknowledges Producer’s rights to its own name and agrees that upon expiration or other conclusion of this Agreement, City will not use Producer’s name in connection with City concerts. DC. City reserves the right to approve the location and manner of sponsor advertising and displays, which approval will not be unreasonably withheld. E. City reserves the right for the City Council at any time to cancel one or more of the summer beach concerts contemplated by this Agreement if it finds based on evidence that the concert(s) are detrimental to public safety. F. City reserves the right for the City Council, in its sole and absolute discretion after production of two off-season concerts to discontinue the off-season concert series. G. City may in its discretion direct Producer to produce at Producer’s expense a New Years Eve event on lower Pier Plaza within specific parameters determined by City substantially similar to the event that has occurred in the five years preceding this Agreement. The event will include live music, be family-friendly and free to the public. Producer may secure sponsors for the event. 4. COMPENSATION City shall have no obligation to compensate Producer for its services under this Agreement. Producer shall be compensated solely from sponsorship fees, and revenues from souvenirs that it arranges pursuant to its rights under Section 2 of this Agreement and ticket revenues from the off-season concerts. Producer shall pay City for each off-season concert the greater of $10,000 or an amount equal to the sum of 10% of the gross sponsorship revenue plus 2% of net ticket sale revenue, but in no event more than $25,000. For purposes of this paragraph “net ticket sale revenue” means total ticket sales less credit card and ticketing transaction fees. Producer shall maintain accounts and records adequate to identify and account for all sponsorship revenues obtained pursuant to this Agreement. All records shall be made available at the request of City, with reasonable notice, during regular business hours, and shall be retained by Producer for a period of three years after the expiration of this Agreement.The concerts shall be free to the public and no tickets will be sold or required to attend the concerts. Page 8 of 11 5. DEFAULTS In the event that it is determined that either party has committed a material breach in the performance of any of the terms or conditions of this Agreement or fails to conform to the rules and regulations or any of the directions or instructions that may be properly made by the City in the exercise of its powers or becomes unable through corporate incapacity to fulfill its obligations under this agreement or defaults in the performance of any of the other terms or provisions therein required, the claiming party shall provide the defaulting party a written notice of such default. If the defaulting party does not cure said default within ten (10) days after such notice was first received or, make reasonable efforts to cure said default, it is mutually agreed and understood that this Agreement may be terminated. In the event of such termination, should the non-defaulting party be liable for the cost of services performed or acquired or expenses incurred by itself or the defaulting party , , the defaulting party shall pay to the non-defaulting party amounts due and owing prior to such termination. No waiver of any breach of this Agreement shall be held to be a waiver of any other or subsequent breach. In the event of a default in the performance of this Agreement, the maximum damages which either party may seek to recover will be limited to out-of-pocket costs referenced in the paragraph above, taking into account any amounts that the non-defaulting party recovered or could have recovered using its best efforts to mitigate its damages. Notwithstanding the foregoing, neither party will be entitled to recover any alleged lost profits or similar damages. Under no circumstances will either party be liable to the other in contract, tort or otherwise for any indirect, incidental, special, consequential, punitive, exemplary or similar damages that result from its performance or nonperformance hereunder. 6. NOTICES All notices, requests, demands and other, communications between the parties shall be in writing and, unless specifically provided otherwise, shall be delivered personally, by email or mailed first class with postage prepaid and properly addressed as follows: If to Producer, to: Saint Rocke 142 Pacific Coast Highway Hermosa Beach, CA 90254 Attn.: Allen Sanford If to the City, to: Tom Bakaly, City Manager City of Hermosa Beach 1315 Valley Drive Hermosa Beach, Malibu CA 90254 Page 9 of 11 All notices shall be deemed to have been received upon personal delivery, receipt of email or three (3) days after deposit in the U.S. Mail, whichever is earlier. 7. ASSIGNMENT AND DELEGATION Neither Producer nor the City shall assign or otherwise alienate any of its rights or delegate or otherwise transfer any of its duties hereunder except those duties and subcontracts reasonably anticipated under the Agreement. Any permitted assignment or delegation of a party's rights or duties hereunder shall not relieve such party of primary responsibility for the performance thereof. 8. EFFECTIVENESS OF AGREEMENT This Agreement shall not be of any force or effect unless and until it is executed by the authorized representatives of Producer, approved by the City Council of the City, and executed on behalf of the City by the City Manager. Each party represents and warrants that it has the right and authority to enter into this Agreement and that by entering into this Agreement it will not violate, conflict with or cause a material default under any other contract, undertaking, judgment or encumbrance to which it is a party. 9. INDEMNITY City shall indemnify, protect, defend and hold harmless Producer from and against any and all losses, liabilities, damages, costs and expenses, including reasonable attorney’s fees and costs which arise out of, pertain to, or relate to the City’s negligent or wrongful performance of its obligations under this Agreement, provided such claims are not caused by negligence or misconduct of the Producer. Producer shall indemnify, protect, defend and hold harmless City, its officers, employees and agents, from and against any and all losses, liabilities, damages, costs and expenses, including reasonable attorney’s fees and costs which arise out of, pertain to, or relate to the Producer’s and Producer’s subcontractor’s negligent or wrongful performance of its obligations under this Agreement, provided such claims are not caused by negligence or misconduct of the City. These indemnity obligations shall survive termination or expiration of this Agreement. 10. NO WARRANTIES Producer makes no warranties of any kind, express of implied, in connection with the performances of the performing artists. Producer hereby expressly disclaims any implied warranties arising from a course of dealing of course of performance. Except as provided herein, no oral or written information given by Producer will create a warranty or representation and City expressly acknowledges that it has not entered into this Agreement in reliance upon any alleged representation or warranty of Producer. Page 10 of 11 11. FORCE MAJEURE A force majeure event under this Agreement is an event beyond the control of the Producer that makes performance of its obligations hereunder impossible, impracticable or unsafe, including fire; threats or acts of terrorism or other forms of civil disorder in or near the concert venue; strikes or lockouts or other labor strife; acts of God; absence of electrical power or other essential services; any act or rule of any court of governmental agency with jurisdiction; or other similar cause. If a force majeure event occurs, the parties’ obligations hereunder will be excused fully, without any additional obligation and each of the parties will bear its own costs incurred in connection with this Agreement. 12. GOVERNING LAW This Agreement shall be governed by and construed in accordance with the laws of the State of California and of the City. In the event of a dispute concerning the rights, duties, and obligations arising out of this Agreement, the parties agree that exclusive venue for all such disputes shall be in the State of California, County of Los Angeles. 13. NONDISCRIMINATION Producer shall not discriminate on the basis of race, national origin, gender, age, sexual orientation or religion in the performance of this Agreement. 14. AMENDMENT This Agreement may only be amended by a writing executed by all of the parties hereto. 15. ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the City and Producer on this subject matter and supersedes any and all oral or written agreements or understandings between the parties as to the subject matter of this Agreement. This Agreement may be changed only by a writing executed by both parties that expressly states that it is changing the provisions of this Agreement. 16. NO AGENCY. The parties hereto are separate and independent, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. Neither party shall make any warranties or representations on behalf of the other party. This Second Restated Agreement is executed on this day of , 20134, at Hermosa Beach, California, and effective as of _________ , 20134. Page 11 of 11 CITY OF HERMOSA BEACH: ___________________________________ Tom Bakaly, City Manager ATTEST: ___________________________________ Elaine Doerfling, City Clerk (seal) PHILIA GROUP LLC dba SAINT ROCKE _______________________________ Allen Sanford APPROVED AS TO FORM: ___________________________________ Michael Jenkins, City Attorney NOTICE OF SPECIAL MEETING CITY COUNCIL CITY OF HERMOSA BEACH 1315 Valley Drive, Hermosa Beach, CA Council Chambers Tuesday, February 11, 2014 5:30pm PLEASE TAKE NOTICE that the Mayor of the City of Hermosa Beach has called a special meeting of the City Council to take place at 5:30pm on Tuesday, February 11, 2014, for the purpose of holding a closed session to discuss items on the agenda below: CALL TO ORDER ROLL CALL 1. PUBLIC COMMENT: This time has been set aside for members of the public to address the City Council on Closed Session items. 2. MINUTES: Approval of minutes of Closed Session meeting held on December 10, 2013. 3. CONFERENCE WITH LEGAL COUNSEL The City Council finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation. Initiation of Litigation: Government Code Section 54956.9(d)(4) Number of potential cases: 1 ADJOURNMENT