HBCSD Corruption

Proof of the lie:

Tom Bakaly, City Manager, City of Hermosa Beach

NOTE: Tom Bakaly left as Hermosa Beach City Manager in August 2016 after HBCSD won their $59M facilities bond in June 2016. Tom Bakaly had only been the Hermosa Beach City Manager for four years. His predecessor, Steve Burrell, had worked as Hermosa Beach City Manager for 18 years. Tom Bakaly was hired at basically the same time HBCSD Superintendent Pat Escalante was hired and appeared to have worked closely together.

Please see: August 23, 2016 – Hermosa Beach city manager will step down, become CEO of Beach Cities Health District, by Kelcie Pegher and Megan Barnes, Daily Breeze.

“Bakaly became Hermosa Beach’s top administrator after the

departure of Steve Burrell, who served the city for 18 years.” ...

“According to his most recent contract, Bakaly earns $198,252 a

year in salary as city manager.  He began with a base salary of

$185,000.”

MISLEADING AND MISINFORMATION INFORMATION CONTAINED IN THE:  Update on Proposed Expansion of P.A.R.K. After School Program by Tom Bakaly, City Manager of Hermosa Beach, October 8, 2013. 

Recommendation:

"Staff recommends that the City Council receive and file this information."

Background:

"The Hermosa Beach School District traditionally has provided an after school program for City residents.  In September 2009, the City launched the P.A.R.K. (Positive Active Recreation for Kids) program as an additional after-school program to respond to the school district’s long wait list for after school care."

"While the School District hosts a homework-based after-school program, the P.A.R.K. program was designed to be recreation-based, and is therefore less expensive.  Many families have migrated to the City’s program due to the lower cost, which in turn has caused the district’s program to downsize in response.  Initially, the City’s program served only 30 children, and today it serves 70.  The City serves children from both View and Valley schools, while the school district now serves kids from View school only."

"When the P.A.R.K. program started it did not have a room available and spent its first year at the picnic tables at Valley Park.  In 2010, a room opened up at the Community Center which was converted to accommodate 30 children.  In September 2011, the program expanded again by adding a classroom at South Park.  Today the City hosts 70 children total; 40 in Room 7 at the Community Center, and 30 in a room at South Park.  The School District hosts an additional 60 children in their program at South Park as well."

 …

"Community Center"

"The Community Center is also operated at capacity, with Room 7 dedicated for the after-school program.  The rest of the rooms are rented for various recreational purposes to a variety of groups (both adult and youth).  (#1)  On October 1st, one Community Center room opened up for afternoon use where an existing renter did not renew their lease.  In order to address a portion of the after school wait list, the City is able to expand the after school program if this room is used for additional children.   It has a capacity for 20 and will have to be dedicated towards the after-school program.  This means that it will not be available for rent during any hours other than after school.  With hiring of additional staff and renovation of the room, the expansion is planned for the beginning of November.  Staff also intends to continue the dialog with the school district throughout this school year in order to address longer term solutions to the after-school program issues, including waitlist and space considerations."

"In the context of school facility capacity discussions, suggestions have been made about permanently (#2) expanding the use of the Community Center to include more all-day school based activities.  However, there are numerous obstacles to such a significant modification including:"

·  "The City owns the site and it is not for sale due to community

programing needs." (#3)

·     "The deed restrictions indicates that programmed activities must be

for recreational purposes." (#4)

·      "All rooms at the Community Center are currently programmed for

other activities including at-risk teen programs, disabled adult

programs and various adult and youth recreational programs."

(#1)

·  "The Center is not appropriately modified for school use as there

are no kitchen facilities that could be designated for school use,

and the building has not been upgraded to modern standards (such

as elevators and other needs)" (#5)

Update on Proposed Expansion of P.A.R.K. INCORRECT AND MISLEADING INFORMATION:

“The Community Center is also operated at capacity, with Room 7 dedicated for the after school program.”   “The rest of the rooms are rented for various recreational purposes to a variety of groups (both adult and youth). “  (#1)

“All rooms at the Community Center are currently programmed for other activities including at-risk teen programs, disabled adult programs and various adult and youth recreation programs.” (#1)

#1. THIS IS A MISLEADING STATEMENT.

COMPETING INFORMATION:

All rooms at the Community Center may be in use at some point during the week, but they are definitely NOT used every day or all day.  See Community Class Schedule 2022-2023. It is possible for the City of Hermosa Beach to find other locations for the city’s low-priority classes.  It is also possible for many city classes to continue even if the District were to use the Community Center for students.

1.    Email from 20-year Hermosa Beach resident to City Council members sent February 2015 states:

“I have worked at both the theater in the community center and can attest to empty classrooms during the daytime, they could be used for classes”…

2.    As of September 5, 2022 to March 19, 2023 HB Recreation & Enrichment Programming class catalog, the Community Center is definitely NOT “operated at capacity”.

3.    HBCSD students could use Community Center classrooms from 8am to 4pm M-F.  The city could use Community Center classrooms, tennis courts, Hermosa 5-0 meeting room, the auditorium and the gymnasium from 4pm to 10pm M-F and all day on weekends and during the summer until district enrollment declines below 1,266 students or North School is renovated.

4.    According to the City of Hermosa Beach Recreation & Enrichment Programming for September 2022 to March 2023 (for example), only one classroom (classroom #10) at the Community Center is used on only Tuesdays mornings during the school year for Mommy & Me classes. 

Mommy & Me classes can be held on Tuesday mornings at another city location such as the Clark Building or the Rotary/Kiwanis Club building. 

5.    According to the City of Hermosa Beach Recreation & Enrichment Programming for September 2022 to March 2023 (for example), the Community Center is ONLY used AFTER REGULAR SCHOOL HOURS from 3:30pm M-F (and 2:30pm on Wednesday when HBCSD lets out early) during the school year.

The Community Center can continue to be used by the city after 4:00pm M-F when school is out.  The Community Center would only need to be used temporarily until enrollment dropped below 1,266 students or until North School could be renovated for students.  

6.    The adults with disabilities use at least four rooms at the Community Center.  It is believed that most of the adults with disabilities do not reside in Hermosa Beach.  According to the Agreement for the Sale and Purchase of Pier Avenue School, Hermosa residents are supposed to be given priority usage of the Community Center.

7.    It does not matter whether the Community Center is “fully booked” with city-run classes, the City of Hermosa Beach has a valid, existing Agreement with the school district for the district to use classrooms, office and storage space at the Community Center when enrollment exceeds 1,266 students. 

8.    Was the real issue not that the Community Center was “fully booked” during the week, but that the City did not want to share the Community Center with the school district?

9.    In July 2014 HB Mayor Michael DiVirgilio responded to a question regarding district use of the Community Center classrooms by email.   Mayor DiVirgilio was asked whether or not there was anything that would prevent the district use of classrooms at the Community Center.  He answered that there was no prohibition to district use of classrooms at the Community Center, but that “neither the City nor the school district are interested in considering [use of] the Community Center [to relieve overcrowding for students and staff at Valley and View campuses]”. 

NOTE: HBCSD School Board members and superintendent and the City of Hermosa Beach City Council members and city manager were willing to keep students and district staff in overcrowded conditions instead of rethinking low priority community class offerings.   

Update on Proposed Expansion of P.A.R.K. INCORRECT AND MISLEADING INFORMATION continued:

“In the context of school facility capacity discussions, suggestions have been made about permanently* (#2) expanding the use of the Community Center to include more all-day school based activities.”

#2. THIS IS A MISLEADING STATEMENT OR AN UNFORTUNATE MISUNDERSTANDING BY THE CITY MANAGER.

The Community Center does NOT need to be a *permanent solution to district overcrowding.  The school district also owns North School.  However, because of the district’s valid contractual provisions to use classrooms, office and storage space at the Community Center when district enrollment exceeds 1,266 students, the Community Center should have been considered as an option for the district and the community instead of continuing to overcrowd Valley and View campuses.   Instead, taxpayers were compelled by the egregious overcrowding to spend $29 million and five years building a brand-new campus at North School that was no longer needed after it was built.

Update on Proposed Expansion of P.A.R.K. INCORRECT AND MISLEADING INFORMATION continued:  

  "The City owns the site and it is not for sale due to community programing needs.”  (#3)

#3. THIS IS A MISLEADING STATEMENT. 

The statement is a convenient half-truth used by city and school district members past and present since 2002.  It is a misleading statement believed to have been concocted by the cabal to discourage the idea of district use of the Community Center for students. See also Lie #3: Claiming that the Community Center needs to be purchased by HBCSD in order for it to be used by the school district.

The statement misleads Hermosa residents into thinking that the school district must purchase the Community Center in order to use classrooms, office and storage space there.  This is not the case.

According to the Memorandum of Understanding (Article 4) and many other documents, HBCSD does NOT need to purchase the Community Center in order to use classrooms, office space and storage space there.  The Memorandum of Understanding (MOU) provides for the district use of classrooms, office and storage space when district enrollment surpasses 1,266 students.

District Use of Pier Avenue School classrooms, office and storage space is specified in the Memorandum of Understanding, Article 4 attached to Exhibit G the Resolution of Intention to Sell and Prescribing the Terms Thereof contained in the Agreement for the Sale and Purchase of Pier Avenue School:

The MOU, Article 4, Further Agreements Pursuant to the Memorandum of Understanding:

Section 4.02:  “The nature of this memorandum of understanding shall be construed as being analogous to a lease in that a part of the consideration for the District selling the subject property to the City for less than fair market value is the District’s right to use the subject property facilities without cost as more particularly set forth below: and, conversely, a part of the consideration the City is giving to the District, is allowing the District use of the facilities at the subject property as more particularly set forth below.”

Section 4.02 b.: “The District shall have the right to use classrooms facilities at the subject property when and if the District’s pupil enrollment exceeds 1,266 pupils in that after the District shall be entitled to the use of one classroom per 28 children enrolled beyond 1,266 pupils.” *

Section 4.02 c.:  “The District shall be entitled to use certain storage space at the Pier Avenue School, the square foot area and location to be agreed upon by the District and the City.”

Section 4.10: “Each and all of the terms, conditions and agreements contained herein shall in every respect be binding upon and shall inure to the benefit of the respective successor in interest of and assigns of the District or the City.”

In addition, Exhibit J, Letter from City Attorney J.B. Mirassou dated January 20, 1978 and included with the Agreement states: 

“In conjunction with the sale the City is entering into a leasing agreement with the District.  In my opinion the City has the power and the right to enter into that leasing agreement.  Upon closing the lease will be a valid and subsisting document.” (page 2)

“The parties have entered into agreements limiting the future use of the property.  This use is limited to parks, recreational, open space, educational, or other community purposes.” (page 3)

“I have reviewed and read the agreement for sale and purchase of real property and the exhibits attached thereto and have been present at the meetings between the School District and the City wherein the terms and conditions were negotiated and the agreements were reached and I am satisfied that those documents set forth the agreements made by the parties.” (page 3)

According to the Arbitration Agreement Exhibit D of the Agreement, Article 4.d: “It is the intent of the parties that Hermosa Beach residents and property owners shall be given priority in the use of the facilities.”  Many of the current occupants using the Community Center classrooms are NOT from Hermosa Beach. 

Update on Proposed Expansion of P.A.R.K. INCORRECT AND MISLEADING INFORMATION continued:   

“The deed restrictions indicates that programmed activities must be for recreational purposes.” (#4)

#4. THIS IS A MISLEADING STATEMENT FROM THE CITY MANAGER.

City Manager Tom Bakaly's statement makes it seem as though educational purposes are NOT an accepted use of the Community Center and that only recreational purposes are acceptable.  The use of the Community Center for educational purposes is stipulated at least four times in the Agreement for Sale and Purchase of Real Property (aka Pier Avenue School):    Was City Manager Tom Bakaly intentionally lying to the public through the deceptive wording of this statement?

1. Article 9, Future Use of Property, 9.02 on page 8 of the Agreement for Sale and Purchase of Real Property  (Pier Avenue School) states:

“Its use shall not be for any purpose other than parks, recreational, open space, educational, or other community purposes.”

2. The Grant Deed, Exhibit C states:

“The conveyance is made and accepted upon the following expressed condition, restrictions and covenant which shall apply to and bind the lessees, grantees, successors and assigns of the parties:  The property granted herein shall not be used for any purpose other than for park, recreational, open space, educational or other community purposes.”

3. The Arbitration Agreement, Exhibit D, Article 4, 4.01a states:

 “It is the intent of the District and the City that the primary purpose of Pier Avenue School is for open space, park, recreational, educational, or other community purposes which purposes include activities which contribute to the cultural and recreational benefit of the community.”

4. Letter from Hermosa Beach City Attorney, Exhibit J, dated January 20, 1978 (page 3):

“The parties have entered into agreements limiting the future use of the property.  This use is limited to parks, recreational, open space, educational, or other community purposes.”

Did someone from the City ask Tom Bakaly to intentionally mislead the people of Hermosa Beach by stating that programmed activities must be for recreational purposes?

NOTE: The City of Hermosa Beach changed it's tune on Community Center usage after the district's $59M bond was passed to build a brand-new HBCSD campus at North School (aka Vista School).

After taxpayers passed the school district’s $59 million dollar facilities bond after being given misinformation from Tom Bakaly, the City of Hermosa Beach then admitted to the correct agreed upon uses of the Community Center as including educational uses when looking for a management company to take over operations of the Community Center theater.  City of Hermosa Beach Request for Proposals for Programming and Management of the Hermosa Beach Community Theater (RFP#:17-01)  

Deed Restrictions info in the Request for Proposals that state:

“Operation of the Hermosa Beach Community Center is governed by a deed restriction which limits the uses to the following purposes:  “…parks, recreational, open space, educational, or other community purposes.”

Update on Proposed Expansion of P.A.R.K. INCORRECT AND MISLEADING INFORMATION continued:    

“The Center is not appropriately modified for school use as there are no kitchen facilities that could be designated for school use, and the building has not been upgraded to modern standards (such as elevators and other needs)” (#5)

#5. THIS IS A MISLEADING STATEMENT.

COMPETING INFORMATION:

This statement is also a common deception used by city and school district members past and present since 2002.  It is a misleading statement believed to discourage the idea of district use of the Community Center for students.

The Community Center was built as a school.  It IS a school.  The city has since re-sized some of the classrooms, but other than that, it is still a school. 

In addition, there IS a school kitchen at the Community Center.  The July 2015 (two years after this P.A.R.K. Update) Civil Source Facilities Condition Assessment for the Hermosa Beach Community Center confirms this.  On page two of the Summary of Findings, first paragraph states:

“The gymnasium and cafeteria building leases space to the Hermosa Beach Museum and provides a space for the community emergency command center.  The cafeteria is sectioned off and nonoperational.” 

When HBCSD sold Pier Avenue School to the city of Hermosa Beach it had a very nice, very complete kitchen and cafeteria serving area.  Apparently the City of Hermosa Beach decided to remove the kitchen when HBCSD needed to lease for classrooms at the Community Center and then use the lack of a kitchen as an excuse why HBCSD couldn’t use the Community Center for students. 

The kitchen that was located to the west of the gymnasium at the Community Center was slated for removal just prior to this P.A.R.K. Update by the city manager.   Coincidentally, the Memorandum of Understanding that described the district’s priority leasing provisions of classrooms, office and storage space at the Community Center was discovered by a Facility Planning and Advisory Committee member only months before the city manager created the expanded after school P.A.R.K. program.   Did the city really need to remove the kitchen or was the kitchen set for removal so the city could use it as another excuse why HBCSD could not use the Community Center for students?

As to the statement “the building has not been upgraded to modern standards (such as elevators and other needs)” doesn’t it make sense that the community invest in upgrading the Community Center to “modern standards”?  How much would it cost to add an elevator to the Community Center versus spending more than $1 million on temporary housing solutions at Valley and View schools that did nothing to relieve overcrowding?   How much would the cost and time to upgrade the Community Center be compared to building a brand-new campus at North School?  See also CivilSource Facilities Condition Assessment from July 2015 finding that the Community Center would only need a total of $270,558 in repairs over a ten-year period. 

See also Lie #6: Misleading the public as to the condition and safety of the Community Center [or the grandfathered-in North School] for students.

See also Lie #7: Claiming that the Community Center AND North School are not ADA (Americans with Disabilities Act) accessible.