SR-308-002-02 (11)
RLK:dd
Counc~l Meet~ng 4If-14-79
Santa Monica, 4Ir~fornia
3bs~OOZ-i!?Z-
II k
STAFF REPORT
TO:
Mayor and C~ty Countil
AUG 1 4 1979
FROM: Clty Attorney
SUBJECT: Peddl~ng and Rent~ng Goods, Wares, and Merchand~se on
the Beach.
INTRODUCTION
Sect~on 6234 of the Santa Mon~ca Mun~c~pal Code prohibits any
peddling or rent~ng of goods, wares, or merchand~se on the beach.
The City has a contract with a beach equipment concess~onaire which
would generate cons~derable revenue to the C~ty. At the
present t~me, Sect~on 6234 prohib~ts this. Staff recommends
that the Clty Attorney's office be dlrected to prepare an ordinance
that exempts City ConceSSlonalres fr@m the prohiblt~ons of
Sectlon 6234.
BACKGROUND
On May 10, 1979, the Clty of Santa Monlca entered lnto a
concesslon agreement with Captian Jlm'S Beach rental conceSSlon
to provide beach equlpment rentals.
(Section 2, TEill1S AND
LIMITATION OF CONCESSION.) Attached is a copy of that agreement
for the Councll's informatlon. Section 6234 of the Santa Monlca
Munlclpal Code has been ln the code for some time and was not
considered at the tlme when the conceSSlon agreement was entered
lnto. The City Staff believes that the Councll should be able
to authorlze beach sales by Clty Contractors.
ALTERNATIVES
The Councll may direct the Clty Attorney to prepare an
ordinance permltlng beach sales to City Concessionalres or may
choose to retaln the current law. In the latter case, the Clty
wlll have to renegot~ate ~ts contract with CAPTAIN JIM'S BEACH
Ilk
AUG 1 4 1979
. ..
...-
f. _
.
30%~c;03
e
Santa Monica, California, December 6, 1977
To:
Mayor and City Council
City Staff
liD
DEe 1 3 1971
From.
Subject. Traffic Control - 2600 Beach Parking Lot
Introduction.
This report recommends implementation of control measures for the use of
the 2600 beach parking lot.
Background.
For several years citizens and City Staff have been trying to resolve
the drag racing and other undesirable conduct in the 2600 beach lot. The
most recent incident resulted in a fight with police. Last summer City
Staff met with area residents and discussed the following alternatives.
1. Parking on Bernard Way.
2. Using the parking lots on Neilsen Way,
3. Closing portions of the 2600 lot.
Staff requested the area residents consider these and inform us as to their
desires. The area residents have not reported back to staff.
Redesign of the parking lanes in 1975 did not reduce the congregating,
even though it did reduce drag racing.
Alternatives:
1. Amend Ordinance 1043 to prevent parking in the 2600 lot between
sunset and sunrise without a valid parking permit, thus granting
police authority to ask people to leave. They now lack this
authority until 2 00 a.m. The present ordinance restricts parking
between 2.00 a.m. and 6:00 a.m., without valid permit.
2. Close the lot by locking gates between 10.00 p.m. and 6 00 a.m.
IlD
DEe 1 3 '971
P
~~au~v .~ P1~uoa :Aq pa~~da~d
'~J~ad Pl1~^ ~ ~noq~J~ aSl~uns pu~ 4aSUnS uaa~4aq ~ol
009Z aq~ ul gUl~~ed 4ua^a~d o~ (~01 a~ueulP~O gU1PuaID~ a~u~uJP~O U8
a~8da~d o~ AaU~044V A4JD aq~ aZJ~oq4n~ 11~unoD ~eq~ spuaWllio~a~ ~J84S
.U014epUaWllio~a"l1
'000'0($ 48 pa48ill}4Sa s4uaIDa~lnba~ 1auuos~ad 18uo141PpB 04
anp S4S0~ asea~~ul P1no~ slq~ 's~noq 4J~ad JO A~J1od 4uasa~d
gUlu184a~ A14QglU s401 Hdaa~s" PU1? a~u8111:a^~ns a~110d aSli'a~~uI 'f
S4uap'pra~ li'a~B
AU8ill 04 a1qli'aa~ge 40U s1 PUli' 41~ad 1B4seo~ B a~lnba~ Plno~ sJq~
LL61 '1 ~aqilla~aa
-Z-
11~uno~ A41~ pUB ~OA8H :O~
-
.
~ -!
~ -
.
----- -- --------'""------
.
~ CONCESSION AGREE~NT 4t
TnIS AGREEMENT entered into ~his 10th Day of Mp.;
1979, by and bet~-leen the CITY OF SAt~TA MOXICA, a municipal corporation,
hereinafter refered to as CITY, and CaDt'n Ji~'s Bea~~ Rpnr~l~
, hereinafter referred to as CO~CESSIOXAIRE
WIT N E SSE T H
I~ CONSIDERATION OF THEIR MUTUAL COVSNANTS AND CONDITIONS,
THE PARTIES HERETO AGREE AS FOL~m'JS
1. DEEXI'I'IONS
For the purpose of these specifications, the following words
and phrases are definec and shall be construed as hereinafter set out
unless it shall be apparent from the context that a dif=erent ilieaning
is intended.
"C~ ty" shall Dlean the City of Santa :10n:..ca.
"Council" shall mean the City Council of the
City of Santa Monica.
"Deapartment" shall mean the Deparnent of
RecreatLon & Parks, of the City of Santa Xonica.
"Concessionaire" shall !!lean the person, f~rn,
or corporation to whom the City grants a
License to operate a Beach erbrel1a Rental
Concession.
2. TE?>2--! Aiill LI!-lITATIOI~ OF CONCESSIO!'i'
That the City pursuant to the authority granted to it by the
State of California, in that certain Agreement No. 929 (CCS) by and
between the City of Santa Monica and the State of California dated
December 21, 1956 as amended and subject to the conditions contained in
said Agree~ent as amended, hereby grants to concessionaire for the period
from May 15, 1979 to and including ~av 14_ 1932 all that
certain right, privilege and concession to operate a Beach UITnrel1a
Rental Concession on that certain real property located in the City of
Santa Monica, County of Los Angeles, State of California, described as
follows:
1 of 12
e
.
Foot of Ocean Park Boulevard, adjacent to the Promenade
Foot of Hollister Street, adjacent to the Promenade
1550 Ocean Front (northwest corner)
Approximately 1100 and 1200 Pacific Coast Highway
(2 stands)
930 Pacific Coast Highway (western side).
The above locations are to be in this general vicinity,
(the location of which shall be designated by the City), and storage
area will be provided on Santa Monica Beach State Park Public
Automobile Parking Lots adjacent to the Promenade. The size of the
storage area shall be approximately 8 feet by 16 feet. In adcition to
storage area, Concessionaire shall be assigned one (1) parklng stall
at each location noted above
The only equipment that concessionaire shall rent shall be
urrnrellas, water floating objects, beach chairs, back rests, portable
folding card tables, portable wind breakers, blankets, pillows,
volley balls and portable radios. No equipment or merchandise shall
be offered "for sale".
In connection Vlith rental of "Hater Floating Objects", the
Depar~ent of Recreation and Parks of the City of Santa Monica shall
retain the right to restrict the rental of water floating objects on
those days when the Captain of Los Angeles County Departnent of Beaches
shall dee~ water conditions to be unsafe for their use
Any floating
objects proposed to be rented by the Concessionaire must be sub~itted
to the Department of Recreation and written approval for said rental
shall be obtained from the Director of the Department of Recreation.
The Departnent of Recreation and Parks will recog~ize t~e
follm.dng as a "Water Floating Object"
(a) Constructed of a durable material with a non-slippery
surface.
(b) So constructed that, when inflated for use it will
not fold in any direction.
(c) Not smaller than twenty-four inches by forty inches.
(d) Not larger than thirty inches by sixty inches.
(e) Equipped with a safety rope.
2 of 12
- 3. PREHISES.
.
.
The p~emises covered by this Concession Agreement shall be
only such as are described in Paragraph 2 above. Said nrenises are
located on Santa Monica Beach State Park Public Automobile Parking Lots,
and the Concessionaire shall not use any premises or pronerty t~at is
not specifically described above and herein
~ PAYXE~T OF RE~T:
The initial yearly rental ror all six (6) stands shall be
twelve thousand bvo hundred fifty three dollars and twenty five cents
($12,253 25).
One-fourth (1/4) of the yearly re~t for all locations shall be
paid upon the execution of this concession agreement.
The balance of the first year's rent for all locations shall be
paid in three (3) equal installments on the first dau of July, August, anc---
September, 1979.
A yearly rental adjustment shall be made March 1, 1980, ane every
March 1st thereafter during the term of this lease
This adjustment shall
be based upon the percentage of increase in the Consuner Price Index (all
Urban Consumer Los Angeles) to which an a~reed-upon percentage of three
per cent (3%) shall be added.
The preceding January and the year prior to January indices shall
be used as the basis for determining the adjustnent percentage. Exa~ple:
(~~I Index, Januarv 1980) - (CPI Index, January 1979)
(CPI Index, January 1930) .
Percentage of
change (increase)
to which the agreed-
upon percentage of
3% shall be added
The second year and each subsequent year's rent shall be paid
as follows:
One-Fourth (1/4) of the yearly rent for all locations shall be
paid on March 1st. The balance of the second year and each subsequent
year's rent for all locations shall be paid in three (3) equal payments
on the first day of July, August, and September of the second year and
each subsequent year.
3 of 12
.
.
4 (a)
In t~e event of fail~re of Concessionai~e to ~ay
the consideration providec herein within the time spec~fLed or i~
the event of breach of any of the terms, conditions or covenants
contained herein, City shall have the right to terminate this A6~ee-
ment on giving to Concessionaire a lO-day written nO~lce to cor~ect
sucn default or breach and in the event Concessionaire fai~s to do 50,
CLty shall have the right to reenter and occupy the pre~ises and remove
all persons and property therefrom provided however, that any reentrv
or repossession of the premises by the City shall not ope~ate to release
Concessionaire from any obligation under this Agreecent.
4. (b) RE~: COLLECTIO~
In the event City is requ1red to bring any action at la~ or
e~uity to collect the payment of any consideration due here~nder or to
enforce any of the terns or conditions of this Agree~ent, Concesslonaire
s~all rei8Durse t~e City for such costs as may be incurrec in brLnging
such ac~ion including reasonable attorneys' fees.
5 EQ'c:"IP:!EJT.
All equipment and furnishings and the cost of their
installa~ion s~all be provided for a~ the sole expense 0= the
Concessionaire, and all such equipnent and its installation shall be
subject to the ~P?roval of the Deaprtreent of Recreation and Parks.
At the expira~ion of this Agreement Concessionaire shall reEove all
personal property from each location.
4 of 12
IJ. uTILITIES:
-
.
The Concessionaire shall pay all charges for fuel, gas,
water, electricity, and telephone service necessary to carryon the
operations of the Concessionaire, unless otherwise specified in this
Agreement.
7. FOOD, BEVERAGES, C01~CTIONERIES, ~~ TOBACCOS.
No food, beverage, confectioneries, tobacco, cosmetics or
any other item or article may be stored, rented or sold.
8. HOURS OF OPERATION.
The Concessionaire shall keep the Concession open at all
reasonable times unless written approval has been secured froIT< the
Department to do otherwise.
9 . TELEPHONE.
The City reserves the right of ren~al of all public
telephone pay stations within the demised areas.
10. STANDS'
- No accessory stands, storage boxes or building shall be per-
mitted, ~it~out the written approval of the City. F~nish, color and
quality shall be determined by the City before application by the
Concessionaire. A change in color, upon reasonable notice, may be
required to fulfill overall color scheme changes. The Concessionaire
shall confine the business strictly to the area set aside by the City
for such use. The Concessionaire shall not display wares in any manner
on the said properties unless a written permit is first secured from
the City, and such permit shall be subject to revocation at any time.
11. MAINTENANCE:
Concessionaire at his own expense shall keep sa~d premises,
in a clean and sanitary condition and upon expiration of this Agree-
ment or any extension or renewal thereof, 0r sooner termination of
this Agreement or extension or renewal thereof, shall return the
premises to the City in as good condition as they now are, less
reasonable wear and tear. Notwithstanding anything in this numbered
paragraph to the contrary, if Concessionaire does not keep the
5 of 12
.
.
premises clean, and rails to correct any unclean or unsanitary
condition within 24 hours after being notified in writing to do so
by the City, then the City may enter premises and remedy the condition,
or conditions, and charge the cost to the Concessionaire.
12. GP~BAGE A1~ RUBBISH'
No boxes, barrels, supplies or rubbish in any fo~ shall
be kept, piled or stored outside the area unless approved by the
Depar~ent. The Concessionaire shall provide, in a place to be
designated, as directed by the Department, s~andard rubcish receiv~rs,
and shall place therein all refuse for daily collection by City
forces.
13. SIGNS A~~ ADVERTIS~lliNTS:
No signs or advertising matter of any kind shall be
displayed unless and until approved in ~rriting by the Depart~ent.
14. CmmUCT
The Concessionaire shall at all times conduct his b~siness
of operating the conCEssion in a quiet and orderly ma~ner to the
satisfaction of the Department so that the same shall not become nor
constitute a nuisance either public or private.
15. DISORDERLY PERSO~S
The Concessionaire shall permit no intoxicated person or
persons, profane or indecent language or boisterious ~or--loud conduct
in or about the premises.
16. E1PLOYEES :
Concessionaire shall keep said premises and every estate,
right, title and interest therein, or in or to any part thereof, at
all times during the term of this Concession, free and clear of any
mechanics' liens, and other liens for labor, services supplies,
equipment, or material incurred by him, and Concessionaire will
at all times fully pay and discharge and wholly protect and save
harmless the City on account of said liens or clains, or assertion,
or filing thereof.
17 . DEP ARTI1ENT RULES:
The Concessionaire and his employees shall at all times
abide by all Rules and Regualtions heretofore adopted or that may
6 of 12
. .
hereafter be adopted by~e Recreation Department and the Purchasing
Department of the City of Santa Monica and all rules and regulations
of the Department of Par~s and Recreation of the State of California.
18. CO~TROL OF PREMISES:
The City shall have full and absolute control of t~e
premises and all its appurtenances during the term of the concession
Agreement and shall have the right to make such changes and alterations
therein, and in the grounds surrounding same, as may be deternined
by said City.
19 EGRESS AND INGRESS.
The City's authorized representatives, agents and e~ployees
shall hav~ the privilege to enter upon the premises covered by this
concess~on at any and all reasonable times during the term of this
Concession for the purpose of inspection to determine whether or not
the Concessionaire is complying with the terms and conditions hereof,
or for any other purpose incidental to the rights of the City. Such
visits are not to hinder the normal operation of said Concession,
20. TAXES:
Concessionaire shall pay all taxes upon personal property
and improvements belonging to said Concessionaire located on said
pre~ises and upon his possessory interests if any in the premises and
Concessionaire shall pay all sales and other taxes levied agair.s~ the
operation of said business.
21. INStKARCE'
Concess~onaire shall take out and keep in force for the full
term of this Concession a $100,000 and $300,000 Public Liability,
$50,000 Property Damage insurance policy. Concessionaire sh~ll take
out and keep in force any other insurance the council deems necessary.
All said policies shall include the City of Santa Monica and the State
of California as being equally insured and bear an endorsement for a
thirty (30) day cancellation notice to be sent to the City Attorney
and the Department of Purchases by registered mail to the
7 of 12
City Hall, Santa Moni ~ California. The City s4ll1 be furnished
with two (2) duplicate originals of all insurance policies.
(a) Concessionaire shall furnish a Faithful Performance
Bond in the amount of Ten Thousand Dollars ($10,000.00) to insure the
performance of all terms and conditions contained in this Concession
Agreement.
22. LA1.'S AND ORDINANCES:
Concessionaire shall conduct his business in accordance
with all the laws, ordinances, rules and regulations applicable to
such business, as set forth by the City, County, State and the
Federal Governnent, and Concessionaire shall not use said premises
nor any part thereof nor permit them to be used for any purpose O~
purposes other than those specified in this Concession Agreereent.
23. PER}!ITS AND LICENSES:
The Concessionaire shall be required to obtain any and
all permits or licenses that may be required in connection with the
operation of the Concession.
24 LEASE T~UISFERRAL:
Concessionaire shall not assign or transfer this Concession
Agreenent or any interest therein by operation of law or otherwise,
nor shall Concessionaire grant any license or permit with respect
to the use and occupancy of said premises or any portion thereof
without first obtaining the written consent of the City and the
cQnsent of the City to one such assignment, transfer, license or
permit by the City shall not authorize such action by Consessionaire,
his successors or assigns in the future. It is understood, however,
t~at the City will not withhold its consent to any assignment,
transfer license or permit by Concessionaire without reasonable
cause therefor.
25. CLAIMS.
Concessionaire as a material part of this Agreement hereby
assumes all risk of damage to goods, wares and merchandise on the
said premises or used in connection with the use or operation of
said premises, from every source and assumes further all risk of
8 of 12
~
.
injury to, or death of, persons in or about the said pre~ises fro~
any cause_ Concessionaire shall hold harmless the City, members of
its Clty Council, boards or commissions, officers, agents and
employees while acting as such, and the State of California for or
on account of any such damage, injury or death, and harmless from any
claim for such dareage, injury or death and shall procure insurance
in a reputable company licensed to do business in the State of
California naming such persons and the City and the State of California
as interested parties herein. Such public liability and prope=ty
damage insurance policies shall be in a form and amount satisfactory
to the City. This paragraph shall be endorsed and become a part of
any insurance policy required by the City.
26 _ \~AIVERS:
A waiver by the City of any breach of any term, covenant
or condition conatined herein shall not be deemed to be a waiver of
any subsequent breach of the same or any other terTI, covenant or
condition contained herein whether of the same or different character.
27 . HOLDOVER.
Any holding over by Concessionaire after the expiration or
'any te~ination of this Agreement or by any extension or renewal
thereof shall not constitute a renewal or extension of the term hereof
which shall constitute only a tenancy from month to month upon the
terms and conditions contained herein.
28. LIE);"
The City shall have a lien upon and against all personal
property belonging to Concessionaire and used in connection with
said Concession to secure the payment of any and all sums due to
the City under and pursuant to the terms of this Agreement.
29. NOTICES'
Any notices to be given under the provisions of this Agreement
shall be mailed to the City, Attention City Manager, City Hall,
1685 Main Street, Santa Monica, California 90401 and to Concessionaire
Capt'n Jim's Beach Rentals. 4668 Nebo Street, La Mesa, California
92041
All notices shall be ~ddressed properly and have the postage prepaid
9 Of 12
r...
thereon in order to comply with the terms of this~agreement.
30. NO~~ISCRL~INATION:
(a) The Concesslonaire and his employees shall not
discriminate because of race, rel~gion, color or national origin
against any person by refusing to furnish such person any accom-
modation, facility, service or privilege offered to or enjoyed by
the general public. Nor shall the concessionaire or his employees
publicize the accommodations, facilities, services or privileges
in any manner that would directly or inferentially reflect upon
or question the acceptability of the patronage of any person because
of race, religion, color or national origin.
(b) In the performance of this contract, the
Concessionaire will not discriminate against any enployee or appli-
cant for employment because of race, color, religion, ancestry,
or national origin. The Concessionaire will take affirmative action
to ensure that applicants are employed, and that employees aTe
treated during employment, without regard to their race, color,
religion, ancestry, or national origin. Such action shall include,
but not be limited to, the following; Employment, upgrading, de-
motion or transfer; recruitment or recruitment advertising; layoff
or temination, rates of payor other forms of compensation, and
selection for training, including apprenticeship. The Concessionaire
shall post in conspicuous places, available to employees and appli-
cants for employment, notices to be provided by the State setting
forth the provisions of this Fair Employment Practices section.
The Concessionaire will permit access to his re~ords of
employment, employment advertisements, application foms, and
other pertinent data and records by the State Fair Employment Prac-
tices COil~ission, or any other agency of the State of California
designated by the awarding authority, for the purpose of investi-
gation to ascertain compliance with the Fair Employment Practices
section of this contract.
10 of 12
~
~ --:;~~~.
;-~!
"~i:"!":':J
-'\-"'-~
.
STATE OF CALIFORNIA - RESOURCE AGENCY
DIVISION OF BEACHES k~D PARKS ~~-
DEPARTMENT OF PARKS Ah~ RECREATION
By'
12 of 12