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HomeMy WebLinkAbout03/11/14 From: Laura Fisher [mailto:daisystardust@gmail.com] Sent: Thursday, March 06, 2014 12:33 PM To: Michael DiVirgilio; Peter Tucker; Nanette Barragan; Carolyn Petty; Hany Fangary; Diane Strickfaden; Tom Bakaly; Frank Senteno; Elaine Doerfling Subject: Please Make South Park a 2014 Priority Dear Council members, Thank you for your support for the South Park Universally Accessible and Natural Playground plan. The park is in such need of a facelift and Design Option 1 will offer our community a beautiful oasis to spend time in. I am writing to ask that you include the plans for the park in your strategic priorities for 2014. Best regards, Laura Fisher From: Andrea Valcourt [mailto:avalcourt7781@roadrunner.com] Sent: Thursday, March 06, 2014 2:39 PM To: Nanette Barragan; Michael DiVirgilio; Hany Fangary; Carolyn Petty; Peter Tucker Cc: Elaine Doerfling Subject: South Park Project Dear City Council Members, I hope that you will give a top priority to this long-in-the-making project. It will be good for citizens young and old, and meet one of our goals to be a caring, health conscious city. Thank you, Andrea Valcourt 7th Street resident Make HB Fecal-Free By Bob Couture Hermosa Beach has become the Afghanistan of the West. Although instead of being peppered with landmines left behind by the Soviet occupation it is peppered with land mines of dog feces left behind by our own occupants. I can’t travel anywhere in our small community without dodging a pile of dog poo. Run the Strand and you are guaranteed a fresh batch waiting for you. Take your kids to the park (South or Valley) and dare to venture into the grass and you will find some not-so-hidden gems. Try to drop off the kids at either Valley or View Schools and you are forced to circumnavigate the doggie landmines on the sidewalk, tree belt or curb. The palm tree boxes along Pier Ave have been converted into doggie litter boxes. The chip trail might be the most dangerous as the dog chips gets camouflaged amongst the actual wood chips. I think you get my point. Can it be that so many resident dog owner’s are this inconsiderate and quite frankly lazy? I have yet to spot a single offender though. Many a time an owner will do the sheepish 360- degree scan, but as soon as they spot some eyeballs on them the bust out their little baggie and do the right thing. The Hermosa Beach Municipal Code, Section 6.04.100: “The owner of any dog must curb said dog and immediately remove the feces and dispose of same in such a manner approved by the County Health Dept. Owner of the dog shall have in his/her possessions, carried in full view, a suitable wrapper, bag or container (other than articles of personal clothing) for the purpose of complying with the requirements of this section.” I have presented a problem; so let’s explore some solutions. 1. Start a campaign with a snazzy catch phrase like “Don’t Be Cruel, Pick Up Your Dog’s Stool”, “Curb Your Dog’s Enthusiasm”, or “Keep HB Fecal Free” and get the resident’s behind doing the right thing. Maybe it is as simple as awareness to remedy this problem. 2. Take some unique ideas from Cesar Millan the Dog Whisperer (http://www.cesarsway.com/dog- care/housebreaking/Unique-Solutions-to-Dog-Poop-Problems) Special Delivery for You - In a small town in Spain, the local government was so tired of people neglecting to clean up their dogs’ mess that they found volunteers willing to patrol the streets and watch for them. When they notice an owner who doesn’t pick up after their pet, they immediately head over and talk to the person, making sure to ascertain the dog’s name and breed. Then, when the owner leaves, they scoop the mess up in a special government-branded box. By learning the name and breed of the dog, they can figure out the name and address of the owner using the town’s registered pet database. The box is labeled “Lost Property,” and a courier delivers it right back to the guilty pet owner. Result was a 70 percent reduction in abandoned dog waste. Poo-Fi - In Mexico City, where the Mexican internet portal Terra is encouraging people to pull out those pooper-scoopers by offering free Wi-Fi. They equipped parks around the city with special boxes where people could throw away their dog poop. The higher the weight of the poop in the box, the more minutes of free Wi-Fi available to everyone in the park. Kids Do the Darndest Things- In Bristol, England had campaign to get people to clean up after pets. They feature signs with toddlers picking up dog poop, smearing it all over themselves, and even eating it. A stunt for shock value? Maybe. But if you have a toddler, you know it’s not out of the realm of possibility. And if that’s not enough to make parents remember to clean up after their dogs, I don’t know what is. 3. In Southern France the French handled the issue by a hired motorcycled pooper-scooper. This guy would drive around with a vacuum cleaner type gizmo attached to his motorcycle and suck up the piles around town. I am not a big fan of this approach as it excuses the behavior and makes the City responsible for picking it up. 4. My favorite is, how a Braintree, Massachusetts condo complex tackled the poop problem. The complex now required owners to pay $50 to have their dog submit a DNA sample to the database. When residents report finding dog poo on the grounds, a maintenance worker can send off a kit using a service called Poo Prints, run by a company called BioPet. Lab techs then test it against the doggie DNA database. If there’s a match, the owner pays a $150 fine. Just the threat of accountability seems to have people cleaning up (their act.) I am not affiliated with Poo Prints or BioPet in any way, but I surely see a way to make that application work. By making it the cost of owning a dog in Hermosa Beach, the pet owner would have a pre- determined time, say 6 months, to pay for and submit their pets DNA sample. Boxes would be available at City Hall for anyone to turn in a pet owner’s “lost property” for testing. Hermosa Beach would have to foot the initial cost to mail and test, but would recoup that from fines levied on the perpetrators. Hermosa Beach has done some amazing work to protect the environment, create, a “green” city, promote healthy lifestyles, and curb smoking. Creating a fecal-free city nests within all these initiatives/campaigns. Bob Couture is a homeowner and resident of Hermosa Beach. He runs, walks and dodges throughout the city with his wife and two young children. He loves dogs, but enjoys a fecal-free environment even more. He envisions a city where you can have both. The letter below was emailed to the City Clerk from Jack Jenken > > From: "Jumbo Jack" <jumbojax@hotmail.com<mailto:jumbojax@hotmail.com>> > To: "City Clerk" <cityclerk@hermosabch.org<mailto:cityclerk@hermosabch.org>> > Cc: "CAROLYN PETTY" <carolyn@carolynpetty.com<mailto:carolyn@carolynpetty.com>>, "HANY FANGARY" <hany@velascolawgroup.com<mailto:hany@velascolawgroup.com>>, "Nanette Barragan" <nbarragan@hermosabch.org<mailto:nbarragan@hermosabch.org>>, "Peter Tucker - External" <peter@electpetertucker.com<mailto:peter@electpetertucker.com>>, "Tom Bakaly" <tbakaly@hermosabch.org<mailto:tbakaly@hermosabch.org>> > Subject: COMPLAINT: CITY VIOLATIONS OF THE CALIFORNIA PUBLIC RECORDS ACT > > CITY CLERK: PLEASE SUBMIT THIS LETTER TO THE CITY COUNCIL TO BE PUT ON THE AGENDA FOR THE NEXT CITY COUNCIL MEETING. > > ---------------------------------------------------------- > > I AM FILING A FORMAL COMPLAINT WITH THE CITY COUNCIL REGARDING WHAT I BELIEVE ARE CLEAR AND CERTAIN CITY VIOLATIONS OF THE CALIFORNIA PUBLIC RECORDS ACT "CPRA" (ATTACHMENT 3), AND REQUESTING THE FOLLOWING: > > 1) IMMEDIATE CITY COMPLIANCE WITH MY PUBLIC RECORDS REQUEST DATED 10-21-13 (ATTACHMENT 1) > > 2) A CITY INVESTIGATION OF THESE ALLEGED VIOLATIONS TO ASCERTAIN THE EXTENT OF THE VIOLATIONS AND IDENTIFY THOSE RESPONSIBLE, WITH THE CITY COUNCIL TAKING OF APPROPRIATE DISCIPLINARY OR OTHER MEASURES AGAINST ALL CULPABLE PARTIES. > > I REQUEST THAT THIS INVESTIGATION SHALL SPECIFICALLY INCLUDE CITY ATTORNEY MICHAEL JENKINS, AND CITY COUNCILMAN MICHAEL DIVIRGILIO (AND FORMER COUINCILMAN PATRICK BOBKO), AND THEIR ROLE IN THESE ALLEGED VIOLATIONS OF THE "CPRA". > > COMPLAINT JUSTIFICATION (ATTACHMENT 2) > > 1) I HAVE CERTAIN KNOWLEDGE OF THE EXISTENCE OF THESE DOCUMENTS AS MANY WERE PRODUCED IN DISCOVERY ASSOCIATED WITH MY LITIGATION AGAINST THE OWNER AND CONTRACTOR, DEFENDANTS IN MY LITIGATION (FOR PROPERTY DAMAGE AND PERSONAL INJURY). > THEREFORE, ANY CLAIMS BY CITY ATTORNEY MICHAEL JENKINS, AND CITY COUNCILMAN MICHAEL DIVIRGILIO (AND FORMER COUNCILMAN PATRICK BOBKO) THAT THEY DO NOT EXIST IS FALSE. > > 2) SINCE THE CITY IS NOT A PARTY TO THE LITIGATION, ANY CLAIMS AS TO REASONS FOR NON PRODUCTION DUE TO "ATTORNEY CLIENT PRIVILEGE" ARE SPECIOUS AT BEST, AND MOSTLY (IF NOT TOTALLY) FALSE. > > PER THE "CPRA" (ATTACHMENT 3): > > "MOREOVER, UNLESS THE PUBLIC RECORDS OF A LOCAL AGENCY ARE EXEMPT FROM THE PROVISIONS OF THE CPRA, THEY MUST BE MADE AVAILABLE FOR PUBLIC INSPECTION. EXEMPTIONS MUST BE NARROWLY CONSTRUED, AND THE PUBLIC AGENCY BEARS THE BURDEN OF PROVING THAT AN EXEMPTION APPLIES." > > THEREFORE: > > 1) IN ACCORDANCE THEREWITH, I ASK THAT THE 2 CITY COUNCIL MEMBERS (NANETTE BARRAGAN, AND HANY FANGARY) REVIEW ANY DOCUMENTS WITHHELD BY THE CITY WITH CLAIMS OF ATTORNEY CLIENT PRIVILEGE. > > 2) DUE TO "CONFLICT OF INTEREST", I MUST INSIST THAT COUNCILMAN DIVIRGILIO RECUSE HIMSELF FROM ANY ASSOCIATED PROCEEDINGS (& CITY COUNCIL MEETING PROCEEDINGS), INCLUDING MY PREVIOUS REQUEST FOR CITY COUNCIL IMPLEMENTATION OF A CITY PERSONNEL COMPLAINT PROCESS/PROCEDURE. > <1 JANKEN - HERMOSA PUBLIC RECORDS REQUEST 10-21-13.pdf> > <2 11-21-13 CITY PRR RESPONSE.pdf> > <3 CALIFORNIA PUBLIC RECORDS ACT.pdf> 02/20/2014 Check Register CITY OF HERMOSA BEACH 1 4:48:04PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 73238 2/20/2014 00321 A T AND T 248134-9454 Circuit Billing - February 001-2101-4304 29.34 Total : 29.34 73239 2/20/2014 11437 ADMINISTRATIVE SERVICES CO-OP 215770 Taxi Voucher Program - Dec'13 145-3404-4201 5,401.49 316001 Taxi Voucher Program - Employees 001-1101-4319 37.55 Total : 5,439.04 73240 2/20/2014 06290 AIR SOURCE INDUSTRIES INC 611372 Oxygen Refill - January 001-2201-4309 396.60 Total : 396.60 73241 2/20/2014 06827 ALL CITY MANAGEMENT 34039 Crossing Guard Service/January 001-2101-4201 4,311.45 Total : 4,311.45 73242 2/20/2014 06421 ALL STAR FIRE EQUIPMENT INC 171185 Helmet Shields 001-2201-4350 177.59 Total : 177.59 73243 2/20/2014 06409 BLUE DIAMOND MATERIALS 221553 Asphalt - January 001-3104-4309 111.21 222675 Asphalt - February 001-3104-4309 203.30 Total : 314.51 73244 2/20/2014 08482 BOUND TREE MEDICAL LLC 81328949 Medical Supplies - January 001-2201-4309 16.80 Total : 16.80 73245 2/20/2014 07458 CALIF PUBLIC PARKING ASSOC 14-146 Membership Dues/Marcia Hall 001-1204-4317 135.00 14-156 Membership Dues/T. Fujisaki 001-3302-4315 135.00 1Page: 02/20/2014 Check Register CITY OF HERMOSA BEACH 2 4:48:04PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 73245 2/20/2014 (Continued)07458 CALIF PUBLIC PARKING ASSOC 14-157 Membership Dues/S. Tanabe 001-3302-4315 135.00 Total : 405.00 73246 2/20/2014 10666 CALIFORNIA CONF OF ARSON 2201-03353 Registration/J. Crawford/Arson Conf 001-2201-4315 65.00 Total : 65.00 73247 2/20/2014 00262 CALIFORNIA MARKING DEVICE 4169 Locker Name Plates 001-2201-4305 27.47 Total : 27.47 73248 2/20/2014 00016 CALIFORNIA WATER SERVICE 4286211111 Water Usage - January 105-2601-4303 2,211.35 001-6101-4303 11,995.06 001-4204-4303 825.93 001-3304-4303 211.60 Total : 15,243.94 73249 2/20/2014 11393 CARTER, TRACEY 2101-03357 Per Diem/Tracey Carter 001-2101-4313 40.78 Total : 40.78 73250 2/20/2014 09632 CDWG JK51049 Sonicwall TZ215 Firewall 001-2201-4305 782.75 JL19802 Sonicwall 3Y 24X7 Dynamic Sup TZ 215 001-2201-4305 439.00 Total : 1,221.75 73251 2/20/2014 18410 COMFORT SUITES 324950418 Lodging/Y. Plata/STC Training 001-2101-4313 395.50 Total : 395.50 73252 2/20/2014 18410 COMFORT SUITES 324949874 Lodging/Y. Plata/ STC Training 001-2101-4313 395.50 Total : 395.50 2Page: 02/20/2014 Check Register CITY OF HERMOSA BEACH 3 4:48:04PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 73253 2/20/2014 18410 COMFORT SUITES 324950093 Lodging/Y. Plata/STC Training 001-2101-4313 395.50 Total : 395.50 73254 2/20/2014 18410 COMFORT SUITES 324950235 Lodging/Y. Plata/ STC Training 001-2101-4313 395.50 Total : 395.50 73255 2/20/2014 18410 COMFORT SUITES 324950570 Lodging/Y. Plata/STC Training 001-2101-4313 128.20 Total : 128.20 73256 2/20/2014 08855 D AND D SERVICES INC 52260 Dead Animal Disposal/January 001-3302-4201 319.00 Total : 319.00 73257 2/20/2014 00642 DAILY BREEZE, THE 10472932 Ad for Rec Specialist 001-1203-4201 576.00 Total : 576.00 73258 2/20/2014 13330 HAJOCA CORP S143103982.001 Supplies - February 001-3104-4309 235.09 Total : 235.09 73259 2/20/2014 03131 HDL COREN AND CONE 20017 Property Tax Audit Services-3rd. Qtr 001-1202-4201 1,375.00 Total : 1,375.00 73260 2/20/2014 00065 HERMOSA BEACH CAR WASH 013014 City Car Washes/January '14 715-2101-4311 266.15 715-3302-4311 9.90 715-2201-4311 5.95 715-4201-4311 4.95 715-4202-4311 21.80 Total : 308.75 73261 2/20/2014 00679 IAPMO 201402-412 IAPMO Membership Dues/B. Rollins 001-4201-4315 150.00 3Page: 02/20/2014 Check Register CITY OF HERMOSA BEACH 4 4:48:04PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount (Continued)Total : 150.00 73261 2/20/2014 00679 IAPMO 73262 2/20/2014 16742 INDEPENDENT STATIONERS 956000720 Office Supplies/February 001-2101-4305 48.53 001-3302-4305 28.45 Total : 76.98 73263 2/20/2014 17441 INTELLIBRIDGE PARTNERS, LLC 193436 TEMP SERVICES - THROUGH JAN 31, 2014 001-1202-4201 4,070.00 Total : 4,070.00 73264 2/20/2014 09139 IRON MOUNTAIN JYD9547 Off Site Storage/February '14 001-1121-4201 150.12 Total : 150.12 73265 2/20/2014 15574 LANDPORT SYSTEMS INC 2014-6433 February Service Request System Support/ 715-1206-4201 195.00 Total : 195.00 73266 2/20/2014 17861 LEXIPOL LLC 10485 Annual Subscription/Fire Policy Manual 001-2201-4201 4,250.00 Total : 4,250.00 73267 2/20/2014 00777 M AND K METAL CO 773051 Metal Supplies - January 001-3104-4309 43.09 773957 Metal Supplies - Febraury 001-3104-4309 5.12 Total : 48.21 73268 2/20/2014 18122 MARINE RESEARCH SPECIALISTS 514-2014-08 EIR Serv - Oil Project/Jan'14 001-2109 142,050.91 Total : 142,050.91 73269 2/20/2014 18071 MERCHANTS LANDSCAPE SERVICES 41809 Landscape Maintenance/Dec'13 001-6101-4201 16,490.00 41810 Landscape Maintenance/December'13 105-2601-4201 3,306.00 4Page: 02/20/2014 Check Register CITY OF HERMOSA BEACH 5 4:48:04PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount (Continued)Total : 19,796.00 73269 2/20/2014 18071 MERCHANTS LANDSCAPE SERVICES 73270 2/20/2014 06356 MUNICIPAL EQUIP MAINT ASSOC.03347 MEMA Membership Dues 001-4202-4315 275.00 Total : 275.00 73271 2/20/2014 13114 OFFICE DEPOT 1653570386 Office Supplies/Envelopes 001-1202-4305 43.58 692882159001 OFFICE SUPPLIES/JANUARY 001-4601-4305 14.16 692882284001 Office Supplies/January 001-4601-4305 2.39 692882285001 Office Supplies/January 001-4601-4305 62.70 692882286001 Office Supplies/January 001-4601-4305 18.52 Total : 141.35 73272 2/20/2014 18333 PAPA, SHARON 327 Per Diem CPCA Conference 001-2101-4317 40.00 Total : 40.00 73273 2/20/2014 17130 PH AND S PRODUCTS LLC 4503 Gloves 001-2201-4309 214.00 Total : 214.00 73274 2/20/2014 18411 PLATA, YUNUEN 03385 Per Diem/ Correctional Officer Training 001-2101-4313 1,100.00 Total : 1,100.00 73275 2/20/2014 11539 PROSUM TECHNOLOGY SERVICES 147438 IT Support Services - Feb'14 715-1206-4201 12,659.00 Total : 12,659.00 73276 2/20/2014 13255 REDMOND, GEORGE DAVID 29953 Deadbolts Purchase 001-4204-4309 68.67 Total : 68.67 5Page: 02/20/2014 Check Register CITY OF HERMOSA BEACH 6 4:48:04PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 73277 2/20/2014 08837 REDONDO BEACH, CITY OF 20124 Annual TMDL Monitoring 160-3102-4251 15,160.00 Total : 15,160.00 73278 2/20/2014 17781 RNL INTERPLAN INC 50581 Conceptual Drawings-Yard Relocate/Oct 13 001-2109 2,212.50 Total : 2,212.50 73279 2/20/2014 17964 ROMA DESIGN GROUP 140201 STRATEGIC PLAN-ECON DEV CIV CTR/ JAN 14 001-8609-4201 18,472.00 Total : 18,472.00 73280 2/20/2014 03353 S.B.C.U. VISA TR 338 - 343 Regis/ Firehouse Conf - 6 Attendees 001-2201-4317 1,893.00 Total : 1,893.00 73281 2/20/2014 12212 SB POLICE TRAINING COMMITTEE 03342 Membership Dues 001-2101-4315 340.00 Total : 340.00 73282 2/20/2014 00018 SIMS WELDING SUPPLY CO INC 00602219 Welding Supplies/ Feb 14 715-4206-4309 170.23 602218 Welding Supplies - February 001-3104-4309 89.30 Total : 259.53 73283 2/20/2014 00114 SMART AND FINAL IRIS COMPANY 120831 Strategic Planning Refreshments 001-1101-4201 56.00 121182 Strategic Planning Refreshments 001-1101-4201 16.16 122095 PARK Program Supplies - January 001-4601-4308 239.25 123617 Excursion Googy Bags 001-4601-4308 69.12 124734 Office Supplies - January 001-3302-4305 51.47 6Page: 02/20/2014 Check Register CITY OF HERMOSA BEACH 7 4:48:04PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 73283 2/20/2014 (Continued)00114 SMART AND FINAL IRIS COMPANY 128106 PARK Program Supplies/Feb 001-4601-4308 128.59 12995 Jail Supplies/January 001-2101-4306 202.90 130278 Sr. Ctr Cleaning Supplies/Jan 001-4601-4305 17.42 130934 Senior Ctr Supplies/Jan 001-4601-4328 51.01 130936 Break Room/Excursion Supplies 001-4601-4305 12.09 131343 Cleaning Supplies/January 001-4204-4309 187.82 Total : 1,031.83 73284 2/20/2014 08812 SOUTH BAY REGIONAL PUBLIC COMM 76 OUTFIT/ 2013 TAHOE - WATCH COMMANDER 715-2101-5403 9,923.51 78 MOTOROLA POWER SUPPLY MODULE/ PD RADIO 001-2101-4307 723.50 80 REPLACEMENT "RED" DISPATCH PHONE/ FD 001-2201-5401 51.32 86 FZ-G1 MOBILE DATA COMPUTERS/ FD 715-2201-5405 27,612.50 Total : 38,310.83 73285 2/20/2014 00159 SOUTHERN CALIFORNIA EDISON CO 2-00-989-6911 Electrical Billing - Jan 14 105-2601-4303 172.30 2-00-989-7315 Electrical Billing - Jan 14 105-2601-4303 12,516.02 2-01-836-7458 Electrical Billing - Jan 14 105-2601-4303 16.91 2-02-274-0542 Electrical Billing - Jan 14 001-6101-4303 25.85 2-08-629-3669 Electrical Billing - Jan 14 001-4204-4303 113.03 7Page: 02/20/2014 Check Register CITY OF HERMOSA BEACH 8 4:48:04PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 73285 2/20/2014 (Continued)00159 SOUTHERN CALIFORNIA EDISON CO 2-09-076-5850 Electrical Billing - Jan 14 105-2601-4303 214.58 2-19-024-1604 Electrical Billing - Jan 14 001-4204-4303 2,294.77 2-20-128-4825 Electrical Billing - Jan 14 001-3304-4303 1,207.58 2-20-128-5475 Electrical Billing - Jan 14 001-4204-4303 65.42 2-20-984-6179 Electrical Billing - Jan 14 105-2601-4303 26.21 2-20-984-6369 Electrical Billing - Jan 14 105-2601-4303 126.36 2-21-400-7684 Electrical Billing - Jan 14 105-2601-4303 35.09 2-21-964-8003 Electrical Billing - Jan 14 105-2601-4303 24.95 2-22-267-0663 Electrical Billing - Jan 14 001-3301-4303 26.25 2-23-687-8021 Electrical Billing - Jan 14 001-3104-4303 64.19 2-26-686-5930 Electrical Billing - Jan 14 105-2601-4303 495.93 2-31-250-3303 Electrical Billing - Jan 14 001-4204-4303 32.88 2-33-095-1989 Electrical Billing - Jan 14 105-2601-4303 25.96 Total : 17,484.28 73286 2/20/2014 10098 SPRINT NEXTEL COMMUNICATIONS 397572146-090 Cell Phone Usage - CD/ Jan 14 001-4201-4304 95.78 Total : 95.78 73287 2/20/2014 10412 STERICYCLE 3002509270 Medical Waste Disposal -January 001-2101-4201 192.51 8Page: 02/20/2014 Check Register CITY OF HERMOSA BEACH 9 4:48:04PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount (Continued)Total : 192.51 73287 2/20/2014 10412 STERICYCLE 73288 2/20/2014 04768 UPTIME COMPUTER SERVICE 23609 Printer Maintenance - January 715-1206-4201 704.60 Total : 704.60 73289 2/20/2014 00015 VERIZON CALIFORNIA 310 RT0-0181 Phone Charges - January 001-2101-4304 65.76 3103188751 Phone Charges - TAPS Line 001-1204-4304 56.61 3104062421 Phone Charges - January 001-2101-4304 57.32 3104062462 Phone Charges - January 001-2101-4304 52.47 Total : 232.16 73290 2/20/2014 03209 VERIZON WIRELESS LA 9718459983 Cell Phone Usage - Dec/Jan 001-1201-4304 532.92 Total : 532.92 73291 2/20/2014 16314 WESTWAY UNIFORMS 3398 Uniform Pants & Supplies/ S Strouse 001-2201-4314 235.28 3399 Uniforms/Fire 001-2201-4314 431.37 Total : 666.65 73292 2/20/2014 16785 WETIP INC 3219 Annual Membership FY 14/15 153-2106-4201 1,000.00 Total : 1,000.00 73293 2/20/2014 17675 WISE INC 1094104-01 REPLACEMENT SEWER CLEANING TOOL 160-3102-4309 412.26 Total : 412.26 73294 2/20/2014 13359 WITTMAN ENTERPRISES LLC 1312062 Amb Transport Billing Ser/December 001-1202-4201 2,534.57 Total : 2,534.57 9Page: 02/20/2014 Check Register CITY OF HERMOSA BEACH 10 4:48:04PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 73295 2/20/2014 01206 ZUMAR INDUSTRIES 015602 Street Sign Maint Material/January 001-3104-4309 312.26 150545 Street Sign Maint Material/November 001-3104-4309 736.40 150546 Street Sign Maint Material/January 001-3104-4309 752.10 150547 Street Sign Maint Material/January 001-3104-4309 255.50 150579 Street Sign Maint Material/December 001-3104-4309 714.15 150580 Street Sign Maint Material/December 001-3104-4309 621.50 150581 Street Sign Maint Material/January 001-3104-4309 621.50 150582 Street Sign Maint Material/dECEMBER 001-3104-4309 621.50 150601 Street Sign Maint Material/November 001-3104-4309 150.42 Total : 4,785.33 370265387 2/20/2014 00243 HERMOSA BEACH PAYROLL ACCOUNT 02202014 Payroll 2/01 - 15/14 150-1103 181.92 160-1103 3,038.20 705-1103 2,597.63 715-1103 4,323.10 001-1103 601,689.53 105-1103 3,443.57 115-1103 2,183.14 117-1103 1,803.94 125-1103 545.76 145-1103 98.82 147-1103 727.72 Total : 620,633.33 1422010649 2/20/2014 14008 YORK SCRMA 02202014 W/Comp Claims - 2/13 & 14/14 705-1217-4324 16,606.71 10Page: 02/20/2014 Check Register CITY OF HERMOSA BEACH 11 4:48:04PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount (Continued)Total : 16,606.71 1422010649 2/20/2014 14008 YORK SCRMA Bank total : 961,059.34 60 Vouchers for bank code :boa 961,059.34Total vouchers :Vouchers in this report 60 "I hereby certify that the demands or claims covered by the checks listed on pages 1 to 11 inclusive, of the check register for 2/20/14 are accurate funds are available for payment, and are in conformance to the budget." By Finance Director Date: 3/4/14 11Page: 02/27/2014 Check Register CITY OF HERMOSA BEACH 1 4:49:55PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 14227 2/27/2014 09187 BANC OF AMERICA LEASING R47830 Lower Pier Bond Payment 610-2252 4,225.00 Total : 4,225.00 21151 2/27/2014 14299 J P MORGAN 02272014 Beach Dr Bond Payment 611-2252 5,962.54 Total : 5,962.54 73296 2/27/2014 17339 3V SIGNS AND GRAPHICS LLC 3785 Dry erase board lettering/PD briefing 001-2101-4305 37.13 Total : 37.13 73297 2/27/2014 17203 ACOSTA, CAROLINA 03335 Instructor pymnt/ #19363 001-4601-4221 189.00 Total : 189.00 73298 2/27/2014 18415 ALBD ELECTIC AND CABLE 1048814 lights-Greenwwod Pk Dec 13 001-6101-4201 2,150.00 Total : 2,150.00 73299 2/27/2014 18408 BALTIMORE, BRENDAN 03315 Cash Key Deposit & bal/ #213458 001-2117 21.00 001-3851 33.50 Total : 54.50 73300 2/27/2014 11575 BANK OF NY MELLON TRUST CO NA, THE02/26/14 BONDS PYMT/LOMA DR - TAS#804549 618-2252 13,566.25 022614 Bond Pymt/Myrtle ave 617-2252 12,278.75 Total : 25,845.00 73301 2/27/2014 17271 BARROWS, PATRICK 03396 Instructor Pymt #19486-87 001-4601-4221 1,083.60 Total : 1,083.60 73302 2/27/2014 18261 BATCHELOR, CHRIS 02714 ELECTRIC SLIDING ENTRY GATES/ PD & YARD 001-8619-4201 16,250.00 1Page: 02/27/2014 Check Register CITY OF HERMOSA BEACH 2 4:49:55PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 73302 2/27/2014 (Continued)18261 BATCHELOR, CHRIS 2714 ELECTRIC SLIDING ENTRY GATES/ PD & YARD 001-8613-4201 6,995.00 Total : 23,245.00 73303 2/27/2014 16693 BMI 03419 License Renewal/Refund to City 001-3902 228.00 Total : 228.00 73304 2/27/2014 17206 BUCKNAM AND ASSOCIATES INC 228-01-10 PAVEMENT MGMT PROG ADMIN/NOV 13 146-4208-4201 2,379.38 228-01-11 PAVEMENT MGMT PROG ADMIN/DEC 13 146-4208-4201 4,170.00 228-01-12 PAVEMENT MGMT PROG ADMIN/JAN 14 146-4208-4201 775.00 Total : 7,324.38 73305 2/27/2014 18185 CERTAPRO PAINTERS 75 Painting Trash Receptacles 001-3301-4201 4,950.00 Total : 4,950.00 73306 2/27/2014 13304 CITY NATIONAL BANK 011514 Bond pymnt/ Bayview 609-2252 11,627.63 Total : 11,627.63 73307 2/27/2014 08533 CMTA TR 346 Regis/ K Nowicki - Annual Conf 001-1141-4317 305.00 Total : 305.00 73308 2/27/2014 05970 COLLINS, DENNIS 03338 Instructor pymnt/ # 19332,335,338 001-4601-4221 1,078.00 Total : 1,078.00 73309 2/27/2014 15425 DOG POOP BAGS COM LLC 5271 Handle bag Dispenser 105-2601-4309 299.70 Total : 299.70 73310 2/27/2014 14567 DOGS BEST FRIEND 03337 Instructor pymnt # 19323 2Page: 02/27/2014 Check Register CITY OF HERMOSA BEACH 3 4:49:55PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 73310 2/27/2014 (Continued)14567 DOGS BEST FRIEND 001-4601-4221 490.00 Total : 490.00 73311 2/27/2014 07853 EMPIRE PIPE CLEANING AND EQUIP 9427 Clean & Video Inspect Sewers/ Jan 14 160-3102-4201 21,400.05 Total : 21,400.05 73312 2/27/2014 18361 FISHER CONTRACTOR INC 011414 DEMO/REPLACE HALLWAY AREA COMMUN CTR 001-4204-4201 8,350.00 Total : 8,350.00 73313 2/27/2014 14713 GEOSYNTEC CONSULTANTS 1413747 STORMWATER & NPDES PROG ADMIN/OCT&NOV 13 160-3102-4201 18,256.44 Total : 18,256.44 73314 2/27/2014 06518 HAYER CONSULTANTS INC 3732 Plan Check Consult Svc 001-4201-4201 21,245.07 Total : 21,245.07 73315 2/27/2014 10820 JENKINS AND HOGIN LLP 22177 Legal, RE:Gen City Attorney Svc- Jan 14 001-1131-4201 12,903.40 22178 Legal, RE:E&B Oil - Jan14 001-2109 13,445.30 22179 LEGAL, RE: COMUNITY DEV LAND USE- JAN 14 001-1131-4201 1,196.80 22180 Legal, RE: Code Enforcement- Jan 14 001-1132-4201 36,612.50 Total : 64,158.00 73316 2/27/2014 13840 JOHN M CRUIKSHANK 12267 ENGINEERING SER - PIER REPAIRS/DEC 13 122-8659-4201 1,390.00 Total : 1,390.00 73317 2/27/2014 17780 KATHERINE SPITZ ASSOCIATES INC 13-3605 CONSULTANT-PCH/AVIATION IMPROVE/ OCT 13 115-8143-4201 8,724.40 146-8143-4201 34,897.60 3Page: 02/27/2014 Check Register CITY OF HERMOSA BEACH 4 4:49:55PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 73317 2/27/2014 (Continued)17780 KATHERINE SPITZ ASSOCIATES INC 13-3637 CONSULTANT-PCH/AVIATION IMPROVE/DEC 13 115-8143-4201 846.40 146-8143-4201 3,385.60 Total : 47,854.00 73318 2/27/2014 00151 LA CO SHERIFFS DEPARTMENT 142959WC Arrestee Processing Fee - Jan 14 001-2101-4306 149.80 Total : 149.80 73319 2/27/2014 11817 LINNELL, RICHARD 03339 INSTRUCTOR PYMNT19282,83,68,69,80,81,78 001-4601-4221 1,830.50 Total : 1,830.50 73320 2/27/2014 18403 MACIAS OVERHOLT, REGINA 123 City Council Strategic Planning 001-1201-4201 337.50 Total : 337.50 73321 2/27/2014 18312 MANIACI INSURANCE SERVICES 552 Benefits Connect Services/ Jan 14 001-1203-4201 575.28 Total : 575.28 73322 2/27/2014 17007 ORTLEY TRANSPORTATION 3163 Afterschool Shuttle to South Pk Feb 145-3411-4201 1,150.00 Total : 1,150.00 73323 2/27/2014 14693 PARS PUBLIC AGENCY RETIREMENT, U.S. BANK28011 PARS/ARS Admin - 6746022400/Dec 13 001-4101-4185 7.32 001-4204-4185 65.60 001-4601-4185 118.88 001-2201-4185 108.20 Total : 300.00 73324 2/27/2014 16650 PAYPAL INC 29256242 Credit Processing - Prkg Meters/Jan 14 001-3302-4201 182.63 001-3305-4201 661.56 001-3304-4201 944.24 001-3302-4201 3.83 4Page: 02/27/2014 Check Register CITY OF HERMOSA BEACH 5 4:49:55PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount (Continued)Total : 1,792.26 73324 2/27/2014 16650 PAYPAL INC 73325 2/27/2014 17202 PROJECT PARTNERS INC 6597 TEMP ENGINEERING STAFF/DEC 13 301-8127-4201 11,850.00 Total : 11,850.00 73326 2/27/2014 02715 PUBLIC SAFETY CENTER INC 5483056 Decon cleanse and soothe 001-2101-4305 53.05 5483557 Defense Tech MK 001-2101-4305 497.19 Total : 550.24 73327 2/27/2014 03353 SBCU VISA 000013 CC Refreshments-Closed Session-Jan 14 001-1101-4305 35.00 000020 CC Refeshments/Closed Session-Jan 14 001-1101-4305 37.00 02940 CC Replacement parts for paint truck 715-3104-4311 481.55 02942 CC Station Boots Returned 001-2201-4314 -189.00 03164 CC Membership Renewal/ D Lantzer 001-2201-4315 156.00 03321 CC Lunch/ Management Meeting 001-1203-4201 59.93 03322 CC Refreshments/ Harassment Training 001-1203-4305 41.51 03426 CC Domain Name Renewal/ WiFi 715-1206-4201 113.97 123 CC Food- Strategic Planning 001-1201-4201 185.30 12414 CC Shuttle Service/ D Lantzer - TR 336 001-2201-4317 28.00 1741 CC Strategic Planning-Mayor 001-1201-4201 27.35 1951364 CC Uniform Shirts/ S Strouse 001-2201-4314 238.71 5Page: 02/27/2014 Check Register CITY OF HERMOSA BEACH 6 4:49:55PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 73327 2/27/2014 (Continued)03353 SBCU VISA 3218 CC 6 Mth-E-newsletter 001-1101-4319 297.00 327 CC 2014 CPCA Training 001-2101-4317 290.00 5100527 CC Station Boots 001-2201-4314 233.95 639891 CC Lunch Dept Heads Perfomance Measures 001-1201-4305 104.47 721157 CC Refreshments-Strategic Planning 001-1201-4201 41.85 730383 CC Refreshments-Strategic Planning 001-1201-4201 41.85 8099 CC Office Supplies/ Jan 14 001-1203-4305 63.20 871277 CC HPO Coaching 001-1201-4201 28.62 878319-CC Food-Strategic Planning 001-1201-4201 20.15 917370 CC Encrypted Offsite Storage/ Jan 14 715-1206-4201 350.00 929404 CC Food-Stragic Planning 001-1201-4201 20.15 999142 CC Parking/ D Lantzer - TR 336 001-2201-4317 30.00 TR 336 CC Airfare/ D Lantzer - League Cities Conf 001-2201-4317 258.00 VXYAB6680330 CC Membership Renewal Refund 001-2201-4315 -696.00 Total : 2,298.56 73328 2/27/2014 13761 SOURCE GRAPHICS INC 62452 Document Carrier Sheet 001-4202-4305 140.62 Total : 140.62 73329 2/27/2014 10098 SPRINT NEXTEL COMMUNICATIONS 269424317-146 Cell Phone Usage -Jan 2 - Feb 1 2014 6Page: 02/27/2014 Check Register CITY OF HERMOSA BEACH 7 4:49:55PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 73329 2/27/2014 (Continued)10098 SPRINT NEXTEL COMMUNICATIONS 153-2106-4201 387.99 551834312-145 Cell Phone Usage - Dec 2 - Jan 1 14 001-4601-4304 87.56 551834312-146 Cell Phone Usage - Jan - Feb 1 14 001-4601-4304 85.70 Total : 561.25 73330 2/27/2014 15373 ST ABRAAM CHURCH 5337 Security deposit return 001-2111 500.00 Total : 500.00 73331 2/27/2014 18210 STANTEC CONSULTING 757097 Design Improvements Pch/Aviation 147-8160-4201 1,799.00 Total : 1,799.00 73332 2/27/2014 14019 SUNSTATE EQUIPMENT COMPANY 5613152-004 Generator rental 1 wk 001-4204-4201 1,238.72 5663138-001 Light Tower rental New Year 2014 001-3301-4201 332.48 5663140-001 Light Tower Rental New Year 2014 001-3301-4201 221.72 5663141-001 Light Tower Rental New Year 2014 001-3301-4201 269.18 Total : 2,062.10 73333 2/27/2014 17540 SUPERIOR ALLIANCE ELEVATOR 49293 Repaired Elevator/1301 Hermosa Ave 001-4204-4201 1,068.75 Total : 1,068.75 73334 2/27/2014 10155 TRUGREEN CHEMLAWN 15245244 Root Fertilization -Pier Ave 001-3301-4201 992.00 15245975 Root Fertilization- Pier Plaza 105-2601-4201 646.00 Total : 1,638.00 Bank total : 300,351.90 41 Vouchers for bank code :boa 7Page: 02/27/2014 Check Register CITY OF HERMOSA BEACH 8 4:49:55PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 300,351.90Total vouchers :Vouchers in this report 41 "I hereby certify that the demands or claims covered by the checks listed on pages 1 to 8 inclusive, of the check register for 2/27/14 are accurate funds are available for payment, and are in conformance to the budget." By Finance Director Date: 3/4/14 8Page: March 11, 2014 Honorable Mayor and Members Regular Meeting of of the Hermosa Beach City Council March 11, 2014 TENTATIVE FUTURE AGENDA ITEMS MARCH 25, 2014 @ 6:00PM STUDY SESSION: POLICE/FIRE STUDY MARCH 25, 2014 ANNOUNCEMENTS CERTIFICATE OF SYMPATHY FOR SUSAN BLACO GIVEN TO HER HUSBAND, STEVE BLACO PRESENTATIONS PRESENTATION BY HERMOSA BEACH CITY SCHOOL DISTRICT SUPERINTENDENT PAT ESCALANTE ON LOCAL CONTROL FUNDING FORMULA AND FACILITIES PRESENTATION BY THE HERMOSA BEACH PARENTS AND PARENT EDUCATION TEACHERS TO HONOR KATHLEEN WHITEHEAD – ONE OF THE FIRST TEACHERS OF THE EDUCATION PROGRAM OVER 60 YRS AGO FOR THE SOUTH BAY ADULT SHOOL PROCLAMATION OF “RED CROSS MONTH" BY GILA KATZ AND THE RED CROSS OIL PROJECT STATUS REPORT – CITY MANAGER CONSENT CALENDAR Recommendation to receive and file the action minutes of the Emergency Preparedness Advisory Commission meeting of January 6, 2014 Fire Chief Recommendation to receive and file the action minutes of the Planning Commission meeting of March 18, 2014 Community Development Director Grant Agreement – Sea Level Rise Public Works Director MUNICIPAL MATTERS Short-term Rentals – Enforcement Community Development Director Approve PCH-Aviation Beautification Final Concept Plan Public Works Director Pavement Management Update Public Works Director APRIL 8, 2014 PRESENTATIONS OIL PROJECT STATUS REPORT – CITY MANAGER 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 From: F.O. Huebscher [mailto:fred@politicalscientists.com] Sent: Tuesday, March 11, 2014 5:20 PM To: Ann Yang; Nanette Barragan; Michael DiVirgilio; Peter Tucker; Carolyn Petty; Hany Fangary Subject: Supplemental for tonight's City Council Meeting (3/11/14) for Item 6 (c) Dear Councilmembers, As part of item 6 (c) the city added the "City of Hermosa Beach: Decision- Making Tool." It says "This decision-making tool is designed to: 5. Deliver transparency to the decision-making process so that the public can make informed decisions." Item 6 (c) does not in any way conform to this goal of the Decision-Making Tool. You have mislabeled this item as "SECOND RESTATED SUMMER CONCERT SERIES AND FALL/SPRING CONCERTS" when in fact the fall/spring concerts are a new item and take place in an entirely different venue than the summer concert series. Moreover, unlike the summer concert series, alcohol will be served at these fall/spring concerts. Also, this item is not "restated" but is in fact a new item. Please keep in mind that the city has a valid contract for the summer concert series through the end of summer 2015, so there is no rush to add additional concerts without sufficient public notice to the residents affected by these new concerts. If your goal is transparency then you ought to be transparent and characterize this item correctly so that residents will truly understand the nature of item 6 (c): A minimum of two annual concerts on Lot A where loud music will be played and alcohol and food will be served at the same time that the city will lose thousands of dollars in parking revenue. Fred Huebscher Hermosa Beach From: Michael Keegan [mailto:michaelkeegan@gmail.com] Sent: Tuesday, March 11, 2014 3:47 PM To: Ann Yang Cc: Peter Tucker; Nanette Barragan; Carolyn Petty; Michael DiVirgilio; Hany Fangary Subject: supplemental for tonight s meeting item 6C Concert Promoter Concert Series(2 full weekends) in City Parking Lot Dear city council: My last correspondence on this item should be included in tonight review of the new concert venue you are planning to develop in our city parking lots. I think this item deserves more public input. Do you think people in the impacted parking area are going to enjoy all these new concert goers descending on an already busy regular weekend night. What about the lost parking spaces when we have nice weekend weather during these events? What fool could call this business development. On the evenings of these concerts our downtown bars & restaurants are already busy. This will have little impact economically, but will create more traffic, more taxis trips, more people looking for parking stalls, increase the city's carbon footprint, increase crime and vandalism,increase the need for police overtime, decrease police coverage for the homes away from downtown and east of PCH. There are lots of associated risks that come with kind of concert, alcohol allowed development of our parking venues. Why not table this until you hire the contract person for business development and get their input. Why not survey the residents in the impacted area when they renew their parking permits over the next few months. Point out the impacts to the residents. Carolyn Petty once spoke at city council about downtown noise, parking and bars before her election. Ask her if this concert venue will improve the lives of her old neighbors? Has she forgotten what its like to live close to this concert venue? Will this concert series improve residential real estate values for those in the impacted area? Will more families want to take their kids for a walk near the Pier during these concert evenings? Why are none of our area cities doing similar conversions of their beach parking? Is there not enough night life in Hermosa Beach, the city now wants to get in the Rock Concert Promotion Business with local business owners? -- Michael Keegan Hermosa Beach -------- Original message -------- From: Main1 Date:03/11/2014 9:45 AM (GMT-08:00) To: Nanette Barragan ,Michael DiVirgilio Subject: Concerts Mayor DiVirgilio and Councilwoman Barragan...unfortunately I can't attend the meeting tonight, therefore I am writing to you to ask that you postpone making a decision on the additional concerts until we can all fully understand the facts. I am not against having the concerts but we need to be realistic...let's face it the parking proposal is ridiculous. - does anyone really believe concert-goers are going to park and walk without first driving around the neighborhood 3-4 times looking for a spaces that don't exist? This isn't going to be the Fiesta Hermosa crowd who do the park & ride!! Additionally, by ending the Saturday events at 11pm we add up to 1000 people to a small area on an already busy Saturday which usually results in public drunkenness, disruptive and disrespectful behavior and so much more. A recipe for disaster for residents. Having said that, here are my questions and concerns - I hope you will consider them before green lighting this not fully vetted idea. Aside from the totally bogus parking proposal, I am most confused by how many concerts we are talking about here...the proposal says 2 but when you read the document they are actually proposing FOUR concerts each weekend - 2 free concerts for "families" and 2 ticketed concerts with alcohol. Math was never my best subject but when I add them up I have EIGHT concerts total over 2 weekends. And while only four would be ticketed the reality is we are talking EIGHT concerts total. Logistics (not including parking) How does it work to invite the public for free from 12pm - 4pm then charge the ridiculous amount of $100 for a different concert in the same place from 5pm - closing? Both days should end at 7pm not 11pm on Saturday. Where do the original folks go if they are not ready to leave? How do we accommodate the traffic - both pedestrian and vehicular - of those coming and going...there are only so many ways in and out of this place!!! How will they make that turnaround from free to ticketed in an hour and what exactly are the adjustments being made during the turnover? How many people per day are we looking at? The proposal says 1000 tickets will be sold but that doesn't include a head count for the free portion The worker bees who set up/tear down/ do sound lights etc - where do they park? What about equipment trucks? Revenues Agreement says "producer shall pay City for EACH off-season concert the greater of $10k or an amount equal to the sum of 15% of the gross sponsorship revenue + 2% of net ticket sale revenue. To me that means $20k per weekend as there are 2 days of concerts per weekend which means a total of 4 concerts. Is the $10k per weekend a guarantee? Ticket sales $100 per ticket - is liquor included in that price? Is it really reasonable to think people are going to pay $100 when they can hang out on the Strand and hear it for free? Are the musical acts going to be of such a high caliber they can command more for a ticket than popular bands like Arcade Fire? While I have many more questions, these are the ones I am most concerned with. I appreciate you taking my concerns under consideration and I trust you will do the right thing tonight by asking for clarification and a workable solution to the cluster that will surely ensue if you allow this silly parking plan to stand. Thank you again for your time. Sheryl Main PS Happy to see the decision making tool was used... 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 ____________March 7, 2013, 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. The concerts will be local and family-oriented. No more than __ tickets shall be sold per concert. (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. Set-up will commence no earlier than 48 hours prior to the start time of concert. The parking lot will be returned to City use not more than 24 hours after the conclusion of the concert. (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 shall prepare and submit to City a parking plan for to concertgoers, which plan is 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. Formatted: Indent: Left: 1", First line: 0" Page 4 of 11 (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. 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. Producer shall retain all right, title, and interest to any audio and video content created before, during, or after the event in relation to that event, including the sole right to publish, distribute, publicly perform, modify, enhance, and improve the content. City agrees to and acknowledges the rights retained by the Producer hereunder. City agrees that is shall not challenge or dispute any of Producer's exclusive right, title and interest in and to the content or the copyrights thereof. (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 Formatted: Font: Not Italic Page 5 of 11 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. (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 Page 6 of 11 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. (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. Page 7 of 11 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. 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 A. City shall have no obligation to compensate Producer for its services under this Agreement. B. Producer shall be compensated solely from sponsorship fees, revenues from souvenirs that it arranges pursuant to its rights under Section 2.C (3) of this Agreement, and ticket revenues from the off-season concerts and from distribution and publication of audio and video content of the concerts pursuant to Section 2.C (2) of this Agreement. C. Producer shall pay City for each off-season concert the greater of $10,000 or an amount equal to the sum of 105% 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 Formatted: Indent: Left: 0.5" Page 8 of 11 shall be retained by Producer for a period of three years after the expiration of this Agreement. D. Any revenue collected as a result of the sale or distribution of the recorded content of any concert produced under this Agreement as described in Section 2.C (2) above will be allocated in the following manner: following reimbursement of all hard production costs (defined below), Producer agrees to pay City an amount equal to 30% of net profit revenue from the recorded content sale or distribution. For the purposes of this paragraph D, content sale or distribution, production costs are to be defined as all costs associated with planning, technical and executive production, and execution of the audio-visual capture of the event. 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: Formatted: Font: Not Italic Formatted: Font: Not Italic Formatted: Font: Not Italic Formatted: Font: Not Italic Formatted: Font: Not Italic Formatted: Font: Not Italic Formatted: Font: Not Italic Formatted: Indent: Left: 0.5" Page 9 of 11 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 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 Page 10 of 11 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. 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 Page 11 of 11 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 APPROVED AS TO FORM: ___________________________________ Michael Jenkins, City Attorney