•
TO: Honorable Mayor and Members of the City Council
ATTENTION: Jeffrey L. Stewart, City Manager
FROM: Elizabeth Oba, Director of Planning and Bung Services Kathryn Brun, Assistant Planner
SUBJECT: Consideration and possible action to authorize the City Manager to execute License Agreement File No. 774.1, in a form approved by the City Attorney, between John Giries and the City of Bellflower, regarding the use of Town Center Plaza, 9847 Belmont Street, and a portion of the City -owned parking lot (APN 7109-010-914) to host a comedy event.
DATE:
May 22, 2023
EXECUTIVE SUMMARY
This action would authorize the City Manager to execute License Agreement File No. 774.1, with John Giries for the use of the City -owned properties located at Town Center Plaza, 9847 Belmont Street, and a portion of the parking lot (APN 7109-010-914) on Thursday, August 24, 2023 through Sunday, August 27, 2023.
The agreement would grant John. Giries access to the City -owned properties to set-up, conduct, and breakdown a private event entitled "Comedy Fest." Town Center Plaza will be used to host the event, which includes a stage for multiple comedians to perform, food and merchandise vendors, DJ, VIP tables and seating, general admission seating, beer garden, bar, tents, lighting equipment, and the installation of an 8400t -tall, screened fence around the perimeter. Portable restrooms will be provided and located' on the City -owned parking lot at 9847 Belmont Street and several parking stalls within the City - owned parking lot (APN 7109-010-914) adjacent to Town Center Plaza will be designated as accessible parking stalls for the event. Approximately 800 people are anticipated to attend the event. Security guards and employees will work the event.
RECOMMENDATION TO CITY COUNCIL
1) Authorize the City Manager to. execute License Agreement File No. 774.1, in a form approved by the City Attorney; or
2) Alternatively, discuss and take other action related to this item.
FISCAL IMPACT
The commercial hourly rental rate for the Town Center Plaza is $320. A total of $1,920 in facility rental fees will be paid to the City (six hours for the comedy event). A security deposit of $1,000 will also be collected.
—1—
Staff Report — Comedy Fest AFN 774.1
May 22, 2023
DISCUSSION
On April 17, 2023, the owner of The Standup Comedy Club, John Giries ("Applicant"), submitted an application to host the first annual Comedy Fest ("Event"). The proposed Event will take place on City -owned property located at Town Center Plaza (16521 Adenmoor Avenue) and also utilize two parking lots (9847 Belmont Street and APN 7109-010-914). The StandUp Comedy Club is located at 9831 Belmont Street, which is adjacent to the Town Center Plaza. The Applicant is requesting to use the City properties as follows:
• Thursday, August 24, 2023 — 8:00 a.m. to 4:00 p.m. for set-up • Friday, August 25, 2023 — 8:00 a.m. to 4:00 p.m. for set-up • Saturday, August 26, 2023 — 8:00 a.m. to 4:00 p.m. for set-up, 4:00 p.m. to 10:00 p.m. for the Comedy Fest Event, 10:00 p.m. to 2:00 a.m. for clean-up • Sunday, August 27, 2023 — 8:00 a.m. to 4:00 p.m. for Event breakdown The Event will showcase nationally recognized comedians and musical performers on stage and have a DJ playing music before the show. A total of 700-800 seats are proposed in both general admission seating areas and VIP table seats. Ticket prices will range from $65 up to $185. Food will be available for purchase from several food vendors and a beer garden and bar will be selling alcoholic beverages. A separate permit from the Department of Alcoholic Beverage Control is needed to sell alcohol. Portable restrooms and cleaning stations will be set up across Adenmoor Avenue in the City -owned parking lot at 9847 Belmont Street. Adenmoor Avenue will be closed to through traffic to accommodate the pedestrian traffic of attendees. Seven parking spaces within the City -owned parking lot (APN 7109-010-914) will be used and designated as accessible parking spaces for the event.
Eleven licensed security officers, including two K-9 officers, will be present and all attendees will be screened by a metal detector at the entrance %J the Event. Guests will be directed to park in the City's parking structure as well as the Los Angeles County parking lot and parking structure adjacent to City Hall. Generators will provide power for the Event. An 8 -foot high fence with blackout screening is proposed to secure the Event along the west side of Town Center Plaza, across the south end of Adenmoor Avenue and the parking lot at 9847 Belmont Street and across Adenmoor Avenue on the north and of Town Center Plaza. Additional information about the Comedy Fest Event are provided in Attachment B.
ATTACHMENTS:
A. License Agreement File No. 774.1.......................................................................... 3 B. Documents submitted by the Applicant..................................................................... 13 -2-
AGREEMENT FILE NO. 774.1
LICENSE AGREEMENT
BETWEEN
THE CITY OF BELLFLOWER AND
JOHN GIRIES
FOR USE OF CITY'S PROPERTIES LOCATED AT
16521 ADENMOOR AVENUE, 9847 BELMONT STREET, AND APN 7109-010-914 THIS LICENSE is entered into this 22"d day of May 2023, by and between the CITY OF BELLFLOWER, a municipal corporation and general law city ("CITY") and John Giries, an individual ("LICENSEE").
1. LICENSE; DESCRIPTION OF PROPERTY. CITY licenses LICENSEE to use, on the terms and conditions in this License, a portion of the real property located within CITY's properties located at 16521 Adenmoor Avenue, 9847 Belmont Street, and APN 7109-010-914 ("Property"). The exact location of the Property is depicted on the map attached as Exhibit "A," and incorporated by reference. CITY's action is not, and should not be construed to be, a conveyance of a property interest or a lease; it is a license to enter the property solely for the setting -up, conducting, and breaking down a comedy event, known as "Comedy Fest," from August 24, 2023 through August 27, 2023.
2. USE OF PROPERTY.
A. LICENSEE may enter the Property for the purpose of operating and conducting Comedy Fest. LICENSEE may exercise the privileges granted only during hours approved by the City Manager, and only for the purposes outlined in Exhibit "B," which is incorporated by reference, during the term of this Agreement.
B. CITY may change, amend, or terminate LICENSEE'S use of the Property at any time, and in its sole discretion verbally or in writing.
3. RENT. Before the first day LICENSEE actually uses the Property, LICENSEE must pay CITY $1,920 (the "Rental Fee").
4. LICENSEE'S RESPONSIBILITIES. LICENSEE must perform the services under this agreement in a professional manner, and furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, equipment, printing, vehicles, transportation, office space and facilities, and all tests, testing and analyses, calculation, and all other means whatsoever, except as herein otherwise expressly specified to be furnished by CITY, necessary or proper to perform and complete the work.
5. TERM. Except as provided in Section 6, the term of this License will be from August 24, 2023 to August 27, 2023.
-3-
City of Bellflower
Agreement File No. 774.1
John Giries
6. TERMINATION.
A. CITY may terminate this Agreement at any time with or without cause, upon written or verbal notification. Termination will be effective upon notification, unless CITY specifies otherwise.
B. LICENSEE may terminate this Agreement at any time in writing at least 30 days before the effective termination date.
C. By executing this document, LICENSEE waives any and all claims for damages that might otherwise arise from CITY's termination under this Section.
7. ALTERATIONS. LICENSEE will not make, or cause to be made, any alterations to the property, or any part thereof, without CITY's prior written consent.
8. SIGNS. LICENSEE will not place any sign upon the property without CITY's prior written consent. LICENSEE will pay for all costs of any approved signage and comply with all applicable sign codes and ordinances.
9. ASSIGNMENT. LICENSEE will not be permitted to assign this License or any interest therein.
10. INDEPENDENT CONTRACTOR. CITY and LICENSEE agree that LICENSEE will act as an independent contractor and will have control of all work and the manner in which is it performed. LICENSEE will be free to contract for similar service to be performed for other employers while under contract with CITY. LICENSEE is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY provides for its employees. Any provision in this Agreement that may appear to give CITY the right to direct LICENSEE as to the details of doing the work or to exercise a measure of control over the work means that LICENSEE will follow the direction of the CITY as to end results of the work only.
11. AUDIT OF RECORDS. LICENSEE will maintain full and accurate records with respect to all services and matters covered under this Agreement. CITY will have free access at all reasonable times to such records, and the right to examine and audit the same and to make transcript therefrom, and to inspect all program data, documents, proceedings and activities. LICENSEE. will retain such financial and program service records for at least three (3) years after termination under this Agreement.
12. FEES. A deposit of $1,000 must be remitted and made payable to CITY on the Effective Date (the "Deposit"). At the end of the Term or upon termination of this License, and within 30 days after LICENSEE'S written request to CITY, the Deposit will be returned to LICENSEE, without interest; provided, that LICENSEE has satisfactorily complied with all the terms and conditions of this License, as reasonably determined by CITY's City Manager.
—4—
City of Bellflower
Agreement File No. 774.1
John Giries
13. INDEMNIFICATION.
A. LICENSEE will hold CITY harmless and free from any and all liaty arising out of this Agreement, or its performance, except for such loss or damage arising from CITY's sole negligence or willful misconduct. Should CITY be named in any suit, or should any claim be against it, by suit or otherwise, whether the same be groundless or not, arising out of this Agreement, or its performance, pursuant to this Agreement, LICENSEE will defend CITY (at CITY's request and with counsel satisfactory to CITY) and will indemnify it for any judgment rendered against it or any sums paid out in settlement or otherwise.
B. For purposes of this section "CITY" includes CITY's officers, officials, employees, agents, representatives, and certified volunteers.
C. LICENSEE expressly agrees that this release, waiver, and indemnity agreement is intended to be as broad and inclusive as is permitted by the law of the State of California and that if any portion is held invalid, it is agreed that the balance will, notwithstanding, continue in full legal force and effect.
D. It is expressly understood and agreed that the foregoing provisions will survive termination of this Agreement.
E. The requirements as to the types and limits of insurance coverage to be maintained by LICENSEE as required by Section 14, below, and any approval of said insurance by CITY, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by LICENSEE pursuant to this Agreement, including but not limited to the provisions concerning indemnification.
14. INSURANCE.
A. Before commencing performance under this Agreement, and at all other times this Agreement is effective, LICENSEE will procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below:
Type of Insurance
Commercial general liability:
Automobile liability:
Liquor liability:
Workers' compensation:
Limits (combined single)
$2,000,000
$1,000,000
$1,000,000
Statutory requirement
—5—
City of Bellflower
Agreement File No. 774.1
John Giries
B. Commercial general liability insurance will meet or exceed the requirements of the most current ISO -CGL Form. The amount of insurance set forth above will be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies will be endorsed to name CITY, its officials, and employees as "additional insureds" under said insurance coverage and to state that such insurance will be deemed "primary" such that any other insurance that may be carried by CITY will be excess thereto. Such insurance will be on an "occurrence," not a "claims made," basis and will not be cancelable except upon 30 days prior written notice to CITY.
C. Automobile liability insurance coverage will meet or exceed the requirements of the most current ISO -CGL Form covering bodily injury and property damage for all activities of the LICENSEE arising out of or in connection with the facility use, including coverage for any owned, hired non -owned, or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. Coverage must include loading and unloading exposures.
D. Liquor liability coverage must be maintained for full liquor liability insurance coverage in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate.
E. LICENSEE will furnish to CITY duly authenticated Certificates of Insurance and Endorsements evidencing maintenance of the insurance required under this Agreement and such other evidence of insurance or copies of policies as may be reasonably required by CITY from time to time. Insurance must be placed with insurers with a current A.M. Best Company Rating equivalent to at least a Rating of "AMI."
15. COMPLIANCE WITH LAW. LICENSEE will, at its sole cost and expense, comply with all of the requirements of all federal, state, and local authorities now in force, or which may hereafter be in force, pertaining to the Property and will faithfully observe in the use of the Property all applicable laws. The judgment of any court of competent jurisdiction, or the admission of LICENSEE in any action or proceeding against LICENSEE, whether CITY be a party thereto or not, that LICENSEE has violated any such ordinance or statute in the use of the Property will be conclusive of that fact as between CITY and LICENSEE.
16. BREACH OF AGREEMENT. The violation of any of the provisions of this License will constitute a breach of this License by LICENSEE, and in such event said License will automatically cease and terminate.
17. WAIVER OF BREACH. Any express or implied waiver of a breach of any term of this License will not constitute a waiver of any further breach of the same or other term of this License.
_6_
City of Bellflower
Agreement File No. 774.1
John Giries
18. ENTRY BY CITY AND PUBLIC. This License does not convey any property interest to LICENSEE. Except for areas restricted because of safety concerns, CITY and the general public will have unrestricted access upon the Property for all lawful acts.
19. INSOLVENCY; RECEIVER. Either the appointment of a receiver to take possession of all or substantially all of the assets of LICENSEE, or a general assignment by the LICENSEE for the benefit of creditors, or any action taken or offered by LICENSEE under any insolvency or bankruptcy action, will constitute a breach of this License by LICENSEE, and in such event said License will automatically cease and terminate. 2®. NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows:
If to LICENSEE:
John Giries
9335 Florence Avenue
Downey, CA 90240
(562) 508-2441
[email protected]
If to CITY:
City of Bellflower
Attention: Elizabeth Oba, Director of
Planning and Building Services
16600 Civic Center Drive
Bellflower, CA 90706
(562) 804-1424
[email protected]
Any such written communications by mail will be conclusively deemed to have been received by the addressee upon deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph.
21. ELECTRONIC SIGNATURES. This Agreement may be executed by the Part ies on
any number of separate counterparts, Cl"d all such counterparts so executed constitute one agreement binding on all the Parties notwithstanding that all the Parties are not signatories to the same counterpart. In accordance with Government Code §16.5, the Parties agree that this Agreement, agreements ancillary to this Agreement, and related documents to be entered into in connection with this Agreement will be considered signed when the signature of a party is delivered by electronic transmission. Such electronic signature will be treated in all respects as having the same effect as an original signature.
22. GOVERNING LAW. This Agreement has been made in and will be construed in accordance with the laws of the State of California and exclusive venue for any action involving this Agreement will be in Los Angeles County.
23. ENTIRE AGREEMENT. This instrument and its Attachments constitute the sole agreement between CITY and LICENSEE respecting the Property, the use of the —7—
City of Bellflower
Agreement File No. 774.1
John Giries
Property by LICENSEE, and the specified License term, and correctly sets forth the obligations of CITY and LICENSEE. Any agreement or representations respecting the Property or its licensing by CITY to LICENSEE not expressly set forth in this instrument are void.
24. CONSTRUCTION. The language of each part of this Agreement will be construed simply and according to its fair meaning, and this Agreement will never be construed either for or against either party.
25. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written agreement. CITY's City Manager, or designee, may execute any such amendment on behalf of CITY.
26. COUNTERPARTS. This Agreement may be executed in any number or counterparts, each of which will be an original, but all of which together will constitute one instrument executed on the same date.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first hereinabove written.
CITY OF BELLFLOWER
Jeffrey L. Stewart, City Manager
ATTEST:
Mayra Ochiqui, City Clerk
APPROVED AS TO FORM:
Karl H. Berger, City Attorney
ATTACHMENTS:
EXHIBIT A —MAP
EXHIBIT B —SCOPE OF SERVICES
JOHN GIRIES, an individual
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CITY OF BELLFLOWER
AGREEMENT FILE NO. 774.1 — EXHIBIT B
SCOPE OF SERVICES
• LICENSEE may utilize the Property as follows:
❑ Thursday, August 24, 2023 —Friday, August
4:00 p.m. for set-up
❑ Saturday, August 26, 2023 — 8:00 a.m. to 4:00
to 10:00 p.m. for Event, 10:00 p.m. to 2:00 a.m.
❑ Sunday, August 27, 2023 — 8:00 a.m. to 4:00 p.i
25, 2023 — 8:00 a.m. to
p.m. for set-up, 4:00 p.m.
for clean-up
n. for Event breakdown
• LICENSEE must operate and conduct the Event in substantial conformance with the application materials and plans date-stamped May 5, 2023. • LICENSEE will assume complete responsibility for custodial responsibilities related directly to the Event, including restrooms, litter, and City property. • LICENSEE must provide and maintain a portable restroom, washing station, and any other required facilities and/or equipment to meet all Health Department requirements. LICENSEE will provide handicap accessible restrooms. • LICENSEE will provide all trash and recycling receptacles at the Properties and arrange for trash pick-up. LICENSEE is not permitted to utilize the City -owned dumpsters.
• LICENSEE will provide staff for the Event including management, set-up, tear -down, security, supervision, and clean-up.
• LICENSEE will leave the Property as it was before the Event. • LICENSEE must submit scaled plans (site plan showing all electrical, gas, sewer and water locations, floor plan, egress plan, electrical plan and accessible parking plan) for the review by the City's Building Official, Fire Marshal and Director of Public Works. LICENSEE must operate and conduct the Event as approved by the City.
• LICENSEE must obtain all required Building permits and inspections as required by the Building Official.
• LICENSEE must submit to the City Manager, or designee, for review a traffic control plan. LICENSE will be required to post no parking signs and block off any necessary streets or parking lots per a traffic plan approved by the City Manager, or designee.
• LICENSEE must obtain all required Los Angeles County Health Department permits and approvals.
—10— �
City of Bellflower
Agreement File No.
John Giries
774.1 — Exhibit B
• LICENSEE must obtain and maintain all licenses required by the California Department of Alcoholic Beverage Control.
• LICENSEE must provide security personnel responsible for monitoring the safety and security of all attendees and employees. At the end of the Event, the security personnel must ensure that attendees are cleared out of the subject property, parking areas, adjacent properties, adjacent rights-of-way, and managing crowd -control.
• LICENSEE must ensure the path of travel (i.e., walkways) are not obstructed by furniture or any other physical impediment. A minimum of four foot clearance is required along all paths of travel.
• LICENSEE must secure to the ground all canopies, tents, chairs, tables, and equipment in order to prevent them from tipping over. LICENSEE will obtain approval from the Building Official for all tents and canopies. Tent anchorage must be of an approved type and be able to withstand a minimum 110 MPH wind gust in exposure B areas (Bellflower).
• LICENSEE will remove all temporary signage after the Event. • LICENSEE must ensure that all amplified music and performances be at a reasonable volume level. Any enforcement officer may require that the volume be turned down or may require that the Event be shut down. LICENSEE must orient the event speakers/PA system away from all residential properties. • LICENSEE must submit copies of the flame resistant certificates for all tents and decorative materials to the Building Official.
• LICENSEE must ensure all vendors have resale permits and a valid a City of Bellflower business license.
• LICENSEE must ensure all emergency lanes are open for all emergency vehicles. LICENSEE will provide proper ingress and egress for all emergency vehicles and/or equipment.
• LICENSEE will provide parking attendants who will provide guests directional assistance to park in the City's parking structure or the parking lots adjacent to City Hall and the Library.
• LICENSEE will provide protective mats or other devices over all wiring/cables on the ground to protect/prevent pedestrians from tripping over the wires/cables.
City of Bellflower
Agreement File No. 774.1 — Exhibit B
John Giries
• LICENSEE is responsible for providing generators that are installed per the 2022 California Electrical Code. All extension cords feeding out of a commercial grade gang box are to be twist lock connectors with 3 prong pig tail adapters. • LICENSEE is responsible for notifying, in wrng, all neighboring businesses and residents of the Comedy Fest Event at least 30 days before the Event. • LICENSEE is responsible for all safety aspects of vendor vehicles at the Event including entering and exiting, as well as, a designated area for vendors to park.
In addition, the LICENSEE must provide a plan of action for attendees to enter and exit the Event safely
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Security Site Plan
The Stand Up Comedy Club
Bellflower Comedy Fest
The Stand Up Comedy Club (Client)
Location: 9831 Belmont St., Bellflower, CA 90706
Date: August 26, 2023
Seats: 700
Hours: 1800 hrs.-2100 hrs.
Security Measurements:
• 8 Ft. Privacy Screened Barrier fence
• 4 ft. x 5 ft. Privacy Hedges at each side of stage 40 ft. total • 2 Express Contactless Security Checkpoint Metal Detectors and hand wands • General Admission Wristbands
• VIP Wristband§
• 2 Explosive Detection K9's to conduct sweeps prior to event and remain throughout event
Recommendations:
• No weapons permitted, including firearms, knives, pepper spray/chemical agents or any type of weapon deemed by security personnel.
• No drugs including marijuana. Speak to Police Department for amnesty barrel. • No backpacks or large bags. Small compact purse for women acceptable • No gang colors / Logos, loose clothing, or obscene/offensive clothing 255 W. Foothill Blvd. Suite #205 Upland, CA 91786
Phone: 877.738.5774 • www.JR-PI.com
-37-
Security Site Plan
The Stand Up Comedy Club
Bellflower Comedy Fest
Post 1—Security Officer —Left side of stage covering talent tent and emergency exit Post 2 —Security Officer —Right side of stage covering emergency exit Post 3 -Security Officer —Emergency exit
Post 4 — 7 Security Officers — 2 Security Officer to man the metal detectors and remain until end of show and 2 K9 officers posted at entrance. K9 Officer will patrol event grounds after all admissions are completed.
Post 8 —Security Officer
- Outside traffic control at Oak St & Adenmoor Av. / signs indicating "Street Closure." Post 9 —Security Officer -Beer Garden
Post 10 —Security Officer -Corner of Adenmoor Ave. &Belmont Street /Control traffic/ signs indicating "Street Closure."
Post 11—Security Officer —Corner of Oak St &Bellflower Blvd assist in traffic control / Signs indication Local Traffic Only / No Event Parking
255 W. Foothill Blvd. Suite #205 Upland, CA 91786
Phone: 877.738.5774 • www.JR-PI.com
-38-
Security will arrive 2 hours prior to the show to conduct K9 sweeps, walk through venue, briefing and post up.
Lead John Ricotta will meet in advance at least two weeks prior to the event with Police Department and Fire Department to discuss plan for venue.
JR Investigative &Security Services (Agent) is a BSIS licensed Private Patrol Operator, License # PPO120152. We will provide General Liability, Workers Compensation Certificate & License upon signing of contract.
This site security plan is only valid with a signed contract by the (Client) and a representative of JR Investigative & Security Services (Agent). In the event a contract is not signed and agreed by client and agent, the city of Bellflower will be notified, and the site security plan will be voided and not permitted to be used for any purposes.
Attached: Site plan, recommended fence, privacy hedges, general admission wrist band, VIP wristband and visual of metal detector set up.
255 W. Foothill Blvd. Suite #205 Upland, CA 91786
Phone: 877.738.5774 • www.JR-PI.com
� -39-
Bellflower Comedy Fest
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—42— Page 3 of4
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Bellflower Comedy Fest -Proposed Site plan
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Entrance
Exit
OTrash areas
• 700 seats
• 3 hour festival - music/comedy
•Security detail
•Beer Carden
• D1 with lighting
- Hours; 6:OOpm - 9,00pm
• On-site team for trash
4 OFfICEAS
—43—