Loading...
HomeMy WebLinkAboutSupplemental Information received during Oral Communication• -� SEAL BEACH ANIMAL CARE CENTER www.sbacc.org SheCtering 9fomeiess Dogs and Cats Since 1,988 April 25, 2016 Honorable Mayor and City Council City of Seal Beach 211 8'h Street Seal Beach, CA 90740 Re: Request for Adiustment of Annual Payment for Animal Shelter Services Dear Mayor and Council Members: The attached letter was submitted to City Manager Jill Ingram in March 2015. Representatives of the Seal Beach Animal Care Center subsequently met with Ms. Ingram and Council Member Deaton regarding our request. Additional follow -up information and an onsite visit were provided, and we were told our request was still under consideration as late as July 6, 2015. As described in the attached letter, the City of Seal Beach entered into a contract with the non - profit Seal Beach Animal Care Center ( SBACC) for animal sheltering services in 2004. The annual amount of the contract is $10,000, and there is no limit to the term of the contract, nor is there provision for any sort of periodic adjustment. As a point of information, the City of Westminster recently entered into a contract with the non - profit Westminster Adoption Group and Services (WAGS) for animal sheltering services at an annual cost of $320,000 for 2016 -2017, replacing the prior contract amount of $90,000 per year that is referenced in the attached letter. The contract is for three years, with a 2% increase at the beginning of each Fiscal Year. The annual amount of the Westminster contract is reflective of the monthly lease costs that WAGS must pay, and the SBACC is eternally grateful to the City of Seal Beach for the donation of the land that our shelter is built on, enabling us to avoid any lease or mortgage payments. However, as described in further detail in the attached, our annual contract amount of $10,000 falls far short of adequately compensating SBACC for the services provided to the citizens and stray cats and dogs of the City of Seal Beach. We want to take this opportunity to respectfully ask for your consideration of our request for an increase in our annual compensation to $100,000 in conjunction with the Fiscal 2016 -2017 Budget. Given the quality of the care that SBACC provides to Seal Beach animals, we feel that such an increase is more than justified. Seal Beach Animal Care Center • 1700 Adolfo Lopez Drive • Seal Beach, CA 90740 Tel: (562) 430 -4993 • Fax: (562) 594 -0003 Sincerely, Dee Carey, on behalf the Board of Directors, Seal Beach Animal Care Center cc: Mayor Sandra Massa -Lavitt Council Member Mike Varipapa Council Member Ellery Deaton Council Member David Sloan Council Member Gary Miller City Manager Jill Ingram Seal Beach Animal Care Center • 1700 Adolfo Lopez Drive • Seal Beach, CA 90740 Tel: (562) 430 -4993 • Fax: (562) 594-0003 IRA SEAL BEACH ANIFMAL CARE CENTER vwvw.sbacc.org Sheltering Homeless Dogs andCats Since 1,988 March 30, 2015 Jill Ingram City Manager City of Seal Beach 211 8th Street Seal Beach, California 90740 Re: Request for Adjustment of Annual Payment for Animal Shelter Services Dear Ms. Ingram: We would like to request a meeting with you regarding our agreement for animal shelter services with the City. We value our unique partnership with the City, and remain very grateful for the City's gift of our property in 1988 and the $5,000 non - profit grant we received last year. However, the increased demands on our shelter over the last decade has compelled a need for an increase in the $10,000 annual payment that we receive for providing shelter services to the City. As you know, in 2004 the City entered into a contract with the City of Long Beach for animal control services and also entered into a separate contract with the non - profit Seal Beach Animal Care Center (SBACC) to provide animal shelter services (copy attached). Under the two contracts, Long Beach provides traditional animal control services, such as enforcing animal nuisance and licensing laws, and SBACC provides all shelter care and adoption services for Seal Beach stray animals. In 2004, the City paid Long Beach $116,000 per year for its services, and paid SBACC $10,000 per year for its services. In the past decade, the amount paid to Long Beach has increased 27% to $147,0001, while the annual payment to SBACC has remained the same at $10,000 per year. This amount is reduced by the annual dog license fees collected by Long Beach on behalf of Seal Beach. Seal Beach Animal Care Center. 1700 Adolfo Lopez Drive • Seal Beach, CA 90740 Tel: (562) 430 -4993 • Fax: (562) 594 -0003 Page 12 Jill Ingram March 30, 2015 Increases in Shelter Expenses Since 2004 During the last decade, SBACC's annual operating expenses have increased an average of 6% per year, from less than $450,000 annually to $748,000 in 2014. This 66% increase has been caused by the inevitable rise in medical and personnel costs over the decade, and the rise in Seal Beach animal admissions and adoptions, which culminated in a record year for adoptions in 2014. In addition, we have experienced increased operating costs associated with the expansion of our facility in order to increase our capacity for Seal Beach strays. We are proud of our many efforts to control our costs — as you may be aware, we have no paid general manager, since that function is performed by a hard - working unpaid Board of Directors. We only have a few paid employees, since office duties, animal admissions, enrichment and adoption processing are performed by more than 30 volunteers daily. Many of our expenses are unavoidable due to our status as a no -kill shelter -- senior, ill or baby animals that would be instantly euthanized at a typical municipal shelter are taken in and cared for until adopted. As you also know, we house all of our animals until they are adopted, which is obviously a lot longer than the short period allowed for adoption in other shelters. Instead of approaching the City for additional support in the past ten years, SBACC has stepped up its fundraising efforts, using donor appeals and fundraising events, such as the annual Wag n' Walk. However, it has been impossible to keep pace with the increased expenses. For the past two years, our best efforts in fundraising (in addition to adoption fees, etc.) have brought in an average of $546,000 annually. While that is a large sum, we have still been left with a 30% shortfall for those years. In order to keep operating, we have been forced to rely on borrowing from a letter of credit and our dwindling reserves. We cannot continue to responsibly operate at such a deficit, and it is this urgent problem that compels us to ask you for an increase in your support. How SBACC's Request Compares With Shelter Costs in Orange County Cities We are acutely aware of the numerous demands on your funds, and your obligation to spend those funds wisely. Accordingly, we have researched the annual costs for Orange County cities that provide animal shelter services, in order to determine whether our request is in line with these costs. The results of this survey are set forth below 2. 2 All figures are taken from published 2014 or 2015 budgets. Seal Beach Animal Care Center • 1700 Adolfo Lopez Drive • Seal Beach, CA 90740 Tel: (562) 430 4993 • Fax: (562) 594 -0003 Pa ,, e 13 Jill Ingram March 30, 2015 Several cities operate their own animal shelters and perform their own animal control services. Their annual expenses are: Irvine Animal Care Center (32 employees) .... ............................... $3.15 million Mission Viejo Animal Services Center (14 employees) ................... $1.59 million City of Laguna Beach ............................. ............................... $686,000 The next two cities contract with an agency to perform both animal control and shelter services for their citizens. Their annual expenses are: San Clemente Contracts with the Coastal Animal Services Agency shelter for both animal control and animal shelter services) ..... ............................... $699,000 Dana Point Contracts with Coastal Animal Services Agency for both animal control and animal shelter services) ............... ............................... $324,000 The final four cities, including Seal Beach, split animal control from animal shelter services, and contract with a non - profit to provide shelter services 3. Costa Mesa Contracts with the non -profit Orange County Humane Society for shelter services ......... ............................... ......................$115,000 Newport Beach Contracts with the non -profit Orange County Humane Society for shelter services ................................ ............................... $114,000 Westminster Contracts with Westminster Adoption Group Shelter (WAGS) for shelter services........................................ ............................... $90,000 Seal Beach Contracts with SBACC for shelter services .............................. $10,000 3 The total animal control budgets for these cities are Costa Mesa ($364,105), Westminster ($373.000) and Seal Beach ($157,000, minus dog license revenue). Newport Beach does not separately list animal control, but includes $419,043 in employee costs, plus $114,000 in contracts. Seal Beach Animal Care Center • 1700 Adolfo Lopez Drive • Seal Beach, CA 90740 Tel: (562) 4304993 • Fax: (562) 594-0003 Page 14 Jill Ingram March 30, 2015 The other OC cities do not provide any animal shelter services, and animals from those cities are taken to the high volume County of Orange or City of Long Beach shelters. Annual Contract Increase Requested You can see from the figures that in the last decade, SBACC's contract has fallen far behind the typical operating fees paid to Orange County city shelters. We respectfully request that the City Council consider an amendment to our present operating contract to provide for an annual payment of $100,000. Given the quality of the care that SBACC provides to Seal Beach animals, we feel that such an increase is amply justified. Indeed, anyone who has visited us must agree that our level of care exceeds that of any other shelter in the county, even those that operate on huge budgets. Please help us continue to provide the service that the City's residents have come to expect from SBACC. Yours truly, &,U- L:!nL Dee Carey, on behalf of t4 Board of Directors of SBACC Seal Beach Animal Care Center . 1700 Adolfo Lopez Drive • Seal Beach, CA 90740 Tel: (562) 430 -4993 • Fax: (562) 594-0003 AGREEMENT FOR ANIMAL SHELTER OPERATION The Agreement (hereinafter "Agreement ") is effective as of this 1st day of December, 2004, by and between the City of Seal Beach ( "City ") and Friends of Seal Beach Animal Care Center, Inc. ( "Friends ") a California Public Benefit Corporation. WITNESSETH: WHEREAS, City has previously contracted with Friends to shelter animals for the City on certain property located in the City of Seal Beach, more fully identified in Exhibit "A" hereto ( "the property "); and WHEREAS, City would like to continue its contractual relationship with Friends by entering into Agreement this providing For the Friends to shelter animals for the City; and WHEREAS, Concurrently with this Agreement, the Redevelopment Agency of the City of Seal Beach ( "Agency ") has sold the property to Friends, contingent upon Friends using the property to shelter animals; and WHEREAS, The property shall revert to the Agency, in the event the property is no longer used as an animal shelter; and WHEREAS, Nothing in this Agreement shall be construed to preclude Friends from applying for all necessary entitlements to add kennels for commercial use. NOW THEREFORE, the parties hereby agree as follows: SECTION I. Term. This Agreement shall remain in effect unless and until it is terminated pursuant to Section 6. SECTION 2. Services. Friends shall perform the following functions pursuant to this Agreement: A. Maintain suitable quarters for a "no kill' animal shelter. B. Maintain and shelter animals entrusted to Friends by City. C. Maintain kennels. D. Provide public services including: (1) Arrange for reasonable and customary emergency veterinary services as appropriate, (2) Quarantine all impounded animals in a separate area for a minimum of 96 hours. 57296- OOOrV377S6v Ldoc (3) Issue animal licenses on behalf of the cities of Lone Beach and Seal Beach. (4) Issue Arbor Dog Park permits on behalf of Seal Beach. (5) Host a minimum of one rabies /licensing clinics a year. (6) Provide to the City on a monthly basis a computer print out itemizing all Seal Beach Animal licenses issued. (7) Contract with a mutually agreed upon veterinarian for initial treatment of animals picked up by Long Beach Animal Control. (8) Comply with, cooperate and support all conditions of City's agreement with Long Beach regarding animal control services. (9) Maintain and assure accessibility to Long Beach Animal Control one run for animals picked up by Long Beach. (10) Transport animals to and from the Long Beach Facilities in the event the Animal Care Center fails to have available space. SECTION 3. Rules and Regulations for Shelter Operations. Friends shall formulate rules and regulations for the operation of the animal shelter which shall be submitted to City Manager for review and comment no less than ninety (90) days after the effective date of this Agreement. Such rules shall be consistent with all applicable laws and with the standard of care for the operation of animal shelters. The parties hereby agree to the following restrictions on Shelter operations: A. Friends may not cause or permit more animals to be housed in the shelter than can be accommodated under the requirements of the Seal Beach Animal Control Ordinance (SBCC Chapter 3;'Article 3) and other applicable local, state and federal regulations. B. No impounded animal entrusted to Friends by City for the period specified in Chapter 3, Section 3 -10.18 may be released from the Shelter, for adoption or otherwise, without the written consent of Chief of Police or his or her designee. C. Any impounded animal entrusted to Friends by City shall be transferred to the control of the Long Beach animal control officer, or such other person as the City may designate, promptly upon the chief animal control officer's request for such transfer. D. On an annual basis, Friends shall provide to the City a copy of the schedule of charges and fees for services. In no event, shall Friends increase the fee for shelter of animals in any 12 -month period more than 5 percent. SECTION 4. Compensation. In exchange for the services identified in this Agreement, City shall pay Friends $750.00 on the first of each month, commencing January 1, 57296.000tM7786vLdoc -9- 2005, for a total of $9,000.00 each year. In addition, on or before January of each year, commencing in January 2005, City shall pay Friends an annual charge of $1,000 to cover the cost of emergency medical treatment for animals picked up by Long Beach Animal Control. In no event shall the total yearly compensation paid by the City to Friends exceed $10,000. SECTION 5. City's Rights of Inspection. City's chief animal control officer shall have the right to enter the property at reasonable times for purposes of inspection. SECTION 6. Termination. Notwithstanding any other provision of this Agreement, this Agreement shall terminate upon the use of the property for purposes other than animal control. Further, either party may terminate this Agreement upon two years written notice. Upon the effective date of termination, Friends shall be relieved of its duty to provide the services outlined in this Agreement. SECTION 7. City's Remedy for Default by Friends. The parties hereby acknowledge that it is imperative that City be empowered to prevent a lapse in management of the shelter. Therefore, City may withhold portions or the entirety of any available funding, and/or, in its discretion and without obligation to do so, regain control of property and assume control and operation of the shelter, if any of the following events occur: A. The Agreement terminates as provided in Section 6 hereo.`. B. Friends ceases to operate the shelter. Friends shall be deemed to have ceased to operate the shelter if it is not open and able to provide the services contemplated by this Agreement on 7 or more consecutive clays. C. Friends fails to remedy any breach of the terms of this agreement within ninety (90) drys of written notice by City of such breach. D. Friends loses its nonprofit status under either Federal or State law or allows its corporate existence to lapse. SECTION 8. Reports. Friends shall file with City an annual written report, including a summary of activities carried out during the prior year, a description of the specific activities, which Friends expects to carry on doling the following year, and a statement of Friends' financial position. Said report shall be filed with the City Manager of City no later than the 90 days after the conclusion of the Friends' fiscal year. Failure to file the required report shall entitle City to terminate the Agreement. SECTION 9. Audit Report. At the option of City, Friends shall provide City with the report of independent certified public accountants covering the financial transactions of Friends for the preceding fiscal year. If such report is requested by city, then such report shall be filed no later than ninety (90) days after such request is made. Failure to file the required report shall entitle City to withhold portions or die entirety of any available funding, and/or. to terminate the Agreement. SECTION 10. Waste, Nuisrnce and Illegal Acts. Friends shall not commit or suffer to be committed any waste or nuisance upon the property, or commit or permit any illegal S7296-0001%787786v [ aloe -1- activities on the property. Friends, its employees, volunteers, licensees and guests shall comply with: all provisions of the Seal Beach Municipal Cade and applicable provisions of state and federal law; any applicable rule or regulation of the entity with whom the City may contract for animal control services; and all local, state and federal regulations for the operation of a kennel or animal shelter. SECTION 11. Inurement. This Agreement and each and every covenant, condition and term herein, shall be binding upon and inure to the benefit of, the parties hereto, and their successors and assigns. SECTION 12. Severability. If any term, condition or covenant of this Agreement, or the application thereof to any person or circumstance, shall be invalid or unenforceable, the remainder of this Agreement, other than those terms, conditions, or covenants held invalid or unenforceable, shall be unaffected thereby and shall be enforced to the fullest extent permitted by law. SECTION 13. Insurance. Friends (and its successors and assigns) shall comply with the following provisions: A. Friends shall obtain and maintain commercial broad form general public liability insurance (insuring against claims and liability for bodily injury, death, or property damage arising from the construction, use, occupancy, condition, or operation of the Property). Such general public liability insurance shall each provide coverage of no less than $1,000,000 per occurrence and combined general aggreeate protection of at least $ 2,000,000. The commercial general liability insurance shall be in the form of the Insurance Services Office policy form CG 00 01 and the policy liability amount limits shall not apply to defense costs. B. Friends shall also obtain and maintain Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including symbol I (Any Auto). Limits shall be no less than $1,000,000 per accident, combined single limit. If Friends owns no vehicles, this requirement may be satisfied by a non -owned auto endorsement to the general liability policy described above. If Friends or its employees will use personal autos, Friends shall provide evidence of personal auto liability coverage for each such person. C. Friends shall also obtain and maintain Workers Compensation on a state - approved policy form providing statutory benefits as required by law with employers liability limits no less than $1,000,000 per accident for all covered losses. D. Before commencement of any work by Friends on any portion of the Property, Friends shall obtain and maintain in force until completion of such work (i) "all risk " builder's risk insurance with a combined single limit of at least $2,000,000, including coverage for vandalism and malicious mischief, in a form and with a company reasonably acceptable to the Agency, and (ii) workers' compensation insurance coveting all persons employed by Friends in connection with work on the Property, or any portion thereof. Such builder's risk insurance shall cover improvements in place and all material and equipment at the job site furnished under contract, but shall exclude contractors', subcontractors', and construction managers' tools and equipment and property owned by contractors' and subcontractors' employees. 57296- 000I0SM& I.doc -4 E. Friends shall also furnish or cause to be furnished to the Agency evidence satisfactory to the Agency that any contractor with whom it has contracted for the performance of work on the Property or otherwise pursuant to this Agreement carries workers' compensation insurance as required by law, commercially reasonable liability insurance and commercially reasonable vehicle liability coverage. F. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Any such coverage provided under an umbrella liability policy shall include a drop down provision with a maximum $25,000 self - insured retention for liability not covered by primary but covered by the umbrella. Coverage shall be, pay on behalf, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to City and Agency for injury to employees of any contractor, subcontractors or others involved in any work on the Property. The scope of coverage provided is subject to approval of Agency following receipt of proof of insurance as required herein. G. With respect to each policy of insurance required above, Friends and each of Friend's general contractors shall furnish to the Agency an insurance certificate on the insurance carrier's form setting forth the general provisions of the insurance coverage (as well as a copy of each insurance policy promptly upon receipt by Friends). Friends shall furnish required certificate prior to commencement of any work. H. All such policies required by this Section shall be issued by responsible insurance companies licensed to do business in California with an A.NI. Best's rating of no less than A: VIII, be primary and noncontributing, shall be nonassessable and shall contain language to the effect that (i) the policies cannot be canceled or materially changed except after thirty (30) days' written notice by the insurer to the Agency by certified mail, and (ii) the Agency shall not be liable for any premiums or assessments. All such insurance shall have deductibility limits which shall be commercially reasonable. There shall be no cross liability exclusion for claims or suits by one insured against the other. Such insurance policy(s) shall name the City and the Agency and their elected officials, council members, board members, officers, employees, consultants, independent contractors, attorneys and servants as additional insureds. I. Each policy of insurance required above shall include a waiver by the insurer of all rights it may have to be subrogated to rights against Agency (or its elected officials, council members, board members, officers, employees, agents and representatives) in connection with any insured loss, and Friends hereby waives any rights it may have against such persons or entities in connection with matters covered by insurance. SECTION 13. Independent Contractor. Friends shall act hereunder as an independent contractor. This Agreement shall not, and is not intended to, c nstitute Friends as an agent, servant, or employee of City and shall not and is not intended to create the relationship of partnership, joint venture or association between City and Friends. SECTION 14. Indemnity. Friends agrees to defend, indemnify and hold harmless City, its officers, agents and employees from and against any and all losses. liability or S7296 -0001 \787786v t.doc -5- expense, including defense costs and legal fees, and claims for damages of any nature whatsoever, including but not limited to, bodily injury, death, personal injury, or property damage arising from or connected with Friends' operations or services hereunder except to the extent such losses, liabilities or expense are caused solely and exclusively by the gross negligence or intentionally wrongful acts of the Agency or the City.. The Friends agrees that City will have the right to choose its counsel in the event of suit. SECTION 15. Limitation on Liability. Except for city's intentionally wrongful or grossly negligent conduct, Friends hereby agrees that City will not be liable for any injury caused by Friends' activities or for damage to the property of Friends, Friends' employees, agents, contractors, or invitees, customers or any other persons in or about the property; nor shall City be liable for injury to the person of Friends' employees, volunteers, agents, contractors, or invitees, whether such damage or injury is caused by or results from fire, steam, electricity, gas, water, rain or from breakage, leakage, obstruction or other defects of pipes, sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures, or from any other cause, whether such damage results from conditions arising upon the property or upon or from any other sources or places. SECTION 16. Notices. All notices pursuant to this Agreement shall be given by personal service or by depositing the written notice in the custody of the United States Postal Service or its lawful successor, postage prepaid, addressed as follows: To Seal Beach: With a courtesy copy to City Manager Quinn N. Barrow City of Seal Beach Richards, Watson & Gershon 211 3th Street 355 South Grand Ave., 40th Floor Seal Beach, CA 90740 Los Angeles, CA 90071 To Friends of Seal Beach Animal Care Center President of the Friends of Seal Beach Animal Care Center 1700 Adolfo Lopez Dr. Seal Beach, CA 90740 -5605 Notice shall be deemed to have been received as of the date of personal service, the day a facsimile copy has been received, or three calendar days following the date of deposit of the same, postage prepaid, in the custody of the United States Postal Service, SECTION 17. Assignment Prohibited. Friends shall not assign, delegate, transfer or hypothecate this Agreement or any interest therein, directly or indirectly, by operation of law or otherwise, without the prior written consent of City. Any attempt to do so without such consent shall be null and void and confer no right on any third party. SECTION 13. Amendments or Modifications. Except as provided herein, this Agreement may be amended or modified only by the written agreement of the parties. 57296 - 0001 %737736v I.doc -6- SECTION 19. Attorneys' Fees. Should any dispute under this Agreement lead to litigation, the prevailing party shall be entitled to actual attorneys' fees and costs incurred for the prosecution of the action. SECTION 20. Waiver of Breach. No breach of any provision of this Agreement can be waived unless in writing. Waiver of any one breach of any provision shall not be deemed to be a waiver of any other breach of the same or any other provision of this Agreement_ SECTION 21. Covenants and Conditions. Each provision of this Agreement performable by Friends shall be deemed both a covenant and a condition. SECTION 22. Integration. This Agreement constitutes the entire agreement between the parties as to the operation of the animal shelter. Any prior agreement tinder which Friends operated the animal shelter is herehy superceded by this Agreement. SECTION 23. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. SECTION 24. Conflict of Interest. Friends hereby warrants for itself, its officers, employees, and agents that those persons presently have no interest and shall not obtain any interest, direct or indirect, which would conflict in any manner with the performance of the services contemplated by this Agreement. No person having such a conflicting interest shall be employed by or associated with Friends in connection with the provision of services under this Agreement. Friends hereby warrants for itself, its officers, employees, and agents that no such person shall engage in any conduct which would constitute a conflict of interest under any City ordinance or state or federal law. TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below. City of Seal Beach By: Mayor-Paul os'' t� Date: Ci —a 7 —d V Attest By t 57296 -0001 \787786v Ldoc -7- Friends of Seal Beach Animal Care Center, Inc- By: 0,AA--r Name: Wctren Title: Pros Jepf Date: htt; : //ww2.kged.org/ news / 2016 /04/23/1 -a- exhibit - makes - disposable- plastic- trash - impossible- to-ignore L.A. Exhibit Makes Disposable Plastic Trash Impossible to Ignore I The California Report I KQED News 7 71 ,'gyp J P K..> AVA�7 t. The "Natural Plasticity" exhibit will make its way from L.A.'s Pershing Square to locations along the L.A. River, mimicking the journey of plastic trash toward the ocean. (Jana Cruder)By Discarded plastic cups and bottles are so prevalent, they're almost invisible. Whether it's an iced coffee cup from Starbucks or a red Solo cup at a party, or a water bottle bought from a gas station, they are made to be used and thrown away minutes later. Two artists are trying to raise awareness of the harmful impact of these plastic objects. Using post- consumer recycled plastic, they created two large inflatable sculptures, each about the size of a school bus. One is shaped like a simple plastic bottle. They other is a plastic cup with a lid and a green straw. On a recent weekend, the artists — Jana Cruder and Matthew LaPenta — set up their sculptures in Pershing Square, a park surrounded by glittering skyscrapers in downtown Los Angeles. Passersby snapped selfies in front of the bulbous shapes and approached the artists to ask questions about their intention. Cruder and LaPenta call this work "Natural Plasticity," a phrase that both draws attention to just how unnatural plastic actually is, and is also a reference to "neural plasticity," the brain's ability to reorganize itself by forming new neural connections. Their goal is to change how people think about plastic, and influence consumer behavior. Page 1 of 3 Apr 25, 2016 05:3851 PM MDT Cohen says public art like this can actually change people s uenavful. I V your face," Cohen said. "And the thing about it is, we become immune to seeing this stuff. If you drive home tonight, you'll see it along the side of the road. You know, you'll see it everywhere. And people don't even pick it up anymore because there's so much of it." Apr 25, 2016 05:38:51 PM MD f Page 2 of 3 http7 //w 2 koed org/ news /2016/04/23/1 -a- exhibit- makes - disposable- PIastiotrash- impossible -to- ignore Created from the byproduct of oil and natural gas production, the neurotoxins and chemicals found in plastic have been linked to a host of public health concerns, including diabetes, obesity, various forms of cancer and reproductive problems. as a major influence on their work. a political influence. The artists plan to bring their sculptures to other locations around Los Angeles. LaPenta said the goal is to head west along the L.A. River, mimicking the journey of plastic trash toward the ocean. "Because that's a huge problem, that everything's being flushed out to the ocean. And we're not really being responsible," LaPenta said. SI The artists cite Claes Oldenburg, the sculptor who turns ink �J stamps, shuttlecocks and ice cream cones into public art, They also credit Chinese dissident artist and activist Ai Weiwei as Cruder said her awareness of disposable plastic began after the couple watched a documentary called Plastic Planet, a 14- country tour of plastic manufacturing and health dangers associated with products made of synthetic polymers. Later, during hikes through national parks, the couple would see plastic trash thrown everywhere. But it was her personal health that really moved Cruder to act. What Happens to San Francisco's Recycling Once It Leaves the Curb? "My mother had breast cancer most of my life and when she passed away, I did a ton of research to make sure that I don't get breast cancer," Cruder says. "And one of the things that I learned was about plastic and how it affects women specifically, our endocrine systems. And from that awareness, this choice in eradication of plastic out of my life happened." Policy activists say the amount of plastic that ends up in our oceans has created a public health crisis. Visual artist Dianna Cohen runs Plastic Pollution Coalition, a global alliance of NGOs and businesses. She came out to the park to see the artwork herself. "Some people have heard of the Great Pacific Garbage Patch. Well, we've got multiple garbage patches in all five major oceans in the world," Cohen said. "We're not saying that they're islands of plastic, we're saying the entire ocean has become a plastic soup." Cohen says public art like this can actually change people's behavior. "To me, what this does is, it's in your face," Cohen said. "And the thing about it is, we become immune to seeing this stuff. If you drive home tonight, you'll see it along the side of the road. You know, you'll see it everywhere. And people don't even pick it up anymore because there's so much of it." Paee 2 of 3 Apr 25, 2016 05:38:51 PM MDT I The artwork also resonated with Eric Gharakhanian, who happened upon it while walking through downtown. He thinks projects like "Natural Plasticity" may lead people to rethink their use of disposable plastic. 4 "I think it'll make people more conscious of it, milli 0 �. because it seems all too common to just see a like a bottle on the ground. And to sort of have that like in such a magnified and large form, think it might make people consider that," Gharakhanian said. Gharakhanian said he didn't realize at first that the objects are meant to draw attention to how much of this plastic ends up in the oceans. That's why the artists say they need to be present with the art, to help make that connection and suggest ways to reduce the use of disposable plastic. 'We're not saying that they're islands of plastic, we're saying the entire ocean has become a plastic soup. "'I'm sorry guys, recycling doesn't work, because we're producing way more than we can ever recycle, and we're exporting our recyclables," Cruder said. "Other countries don't really know what to do with it. So, it's refusing, it's getting to the point of saying no, I'm not going to use disposable plastic in my life and if we as consumers shift that, then I think those who make things that we buy will shift as well. So, it's about shifting perspective." The use of inflatable plastic sculptures comes with its own headaches. Strong winds require the use of sandbags to hold the bottle and cup in place. Visitors tend to poke and prod the sculptures, requiring the artists to politely ask them to back away. And on a sunny afternoon, the heat demands the artists re- inflate the works using a rather loud air pump. The appearance of "Natural Plasticity" in Pershing Square was made possible through funding from Do Art Foundation, RVCC, Shark Allies and support by the City of LA Department of Recreation and Parks. After the sculptures reach the Pacific Ocean, the artists want to keep it moving. Their next stops could include Yosemite, Sequoia &Kings Canyon and other national parks fighting the onslaught of plastic. You can see "Natural Plasticity" on display in Los Angeles at Griffith Park on Saturday, April 30, and Elysian Park on Sunday, May 1st. Copyright © 2016 KQED Inc. All Rights Reserved. Page 3 of 3 Apr 25, 2016 05:38:51 PM MDT 4j a6 1c �,.S] pry) ��wa IN (Q6vr GW161 1--Q11 Suggested Additional Examples of Closed -Door Council Decisions for Discussion at Brown Act Workshop 2011 Council Decision to Delay Implementation of Police Pension Reform (2% @50 Tier for New Hires) November 8, 2010, Council Meeting: City adopts Police MOU with 2 "d Tier for new hires ( "2% @50 ") in exchange for enhanced benefits for incumbents. April 7, 2011, Budget Workshop. At about 40 minutes, Councilwoman Deaton asks Assistant to the City Manager Ingram about the status of the 2 "d tier. Ingram says that it is staffs recommendation to defer implementation until the new City Manager can consider any potential negative impacts on the hiring of a new Police Chief. Councilman Miller states that Acting City Manager (Pat Importuna) did advise the Council that implementation was being delayed, and "we all concurred that was acceptable." 2014 Decision by Council to conduct a "Communication and Outreach Campaign" on Ballot Measures DD /EE April 1, 2014: Contract signed with Lew Edwards Group for $27,750 to run a communication and outreach campaign. June 19, 2014: Contract signed for $22,850 for FM3 to do UUT ballot measure issues survey. September 16, 2014: Purchase Order signed for $16,000 to Lew Edwards Group for printing and postage for two campaign mailers. June 8. 2015, Council Meeting: At about 45 minutes, Mayor Deaton indicates that she "would just like to make one clarification. The City Manager has done nothing that she was not given approval by the former City Council here prior to November. She has not worked on her own." OC umanela�t%ns Building community by fostering respect, resolving conflict and pursuing 'equality Annual Report 2014 -15 S li T � i I:. iaA II I q pnl) 6kcy mo�ec I have the following comment for the recording regarding the Khouri Consulting Agreement: Even though the continuation of Khouri Consulting services was approved on June 8, 2015, approximately $90,000 of associated expenses were not included in the FY 2015 -16 Budget, and thus, the Budget was not balanced as stated on June 22, 2015. The Assembly passed the AB 1217 of May 26, 2015, however the Senate Government and Finance Committee did not give the bill consideration at its June 9, 2015 meeting and the bill was dead on July 17, 2015. Khouri showed no work for Seal Beach after June 2015. The City should have cancelled its agreement with Khouri Consulting and saved $60,000. The O.C. Fire Authority only spent $40,000 on this effort. Anaheim has a 12 month lobbying contract for $120,000, and Santa Ana and Mission Viejo have 12 month lobbying contracts for $60,000. A four month rate of $120,000 is 300 to 400 percent too high. Seal Beach's payment of $120,000 represents over 40% of Khouri Consultingpfevynues in 2015. iov6I, nis Gus Khour?area of expertise is transportation and he recently opened his lobbying and consulting firm. Frank Molinayarea of expertise is Indian tribe matters. Neither have worked in Orange County�4or on fire authority matters. My question Councilwoman Deaton is, why was Khouri Consulting selected?