Peninsula Cities MOU Automated License Plate Recognition (ALPR) MEMORANDUM OF UNDERSTANDING BETWEEN THE
CITIES OF PALOS VERDES ESTATES, RANCHO PALOS
VERDES, ROLLING HILLS, AND ROLLING HILLS
ESTATES RELATING TO PLACEMENT AND
MAINTENANCE OF AUTOMATED LICENSE PLATE
RECOGNITION CAMERAS AROUND THE PALOS
VERDES PENINSULA
THIS MEMORANDUM OF UNDERSTANDING ("MOU") is made this 4ay of
o , 2016, between the CITY OF PALOS VERDES ESTATES, a municipal
corporation ("Palos Verdes Estates"), the CITY OF RANCHO PALOS VERDES, a municipal
corporation ("Rancho Palos Verdes" or "Lead Agency"), the CITY OF ROLLING HILLS, a
municipal corporation ("Rolling Hills"), and the CITY OF ROLLING HILLS ESTATES, a
municipal corporation ("Rolling Hills Estates"). Each of the foregoing is sometimes referred to
herein as "Member", or collectively as "Members."
RECITALS
WHEREAS, the cities of Palos Verdes Estates, Rancho Palos Verdes, Rolling Hills, and
Rolling Hills Estates (collectively, the "Members") are four cities on the Palos Verdes Peninsula;
and
WHEREAS, the Members have a joint interest in reducing crime on the Palos Verdes
Peninsula; and
WHEREAS, the Members desire to enter into a contract with an Automated License Plate
Recognition ("ALPR") service provider to purchase, install, and maintain cameras at various
entry-points to the Palos Verdes Peninsula with the data being processed through the Los
Angeles County Sheriffs Department which is the contract law enforcement agency with three
of the four cities, Palos Verdes Estates having its own department; and
WHEREAS, the Members desire to divide the costs of the Automated License Plate
Recognition contract among themselves.
AGREEMENT
NOW, THEREFORE, in consideration of the promises, terms, conditions and covenants
contained herein, the parties agree as follows:
1. Recitals Incorporated. The recitals set forth above are hereby incorporated by
reference and made a part of this MOU, as are the exhibits hereto.
2. Purposes. The purpose of this MOU is to cooperatively fund the placement and
maintenance of ALPR cameras (the "ALPR System" or"System") and to administer the contract
with the Automated License Plate Recognition service provider.
01007.0514/299102.1
3. Initiation and Term.
(a) Initiation of MOU. Upon the adoption of a resolution approving the MOU
by any member, and provided that thereafter within 60 days of such adoption, at least two (2)
other members including the Lead Agency having adopted such resolution, this MOU shall
become effective.
(b) Effective Date of MOU. This MOU shall become effective on the last
date to occur of the following: (i) adoption of a resolution of approval by at least three (3)
members, and(ii) Lead Agency executing the ALPR contract("Effective Date").
(c) Term. The MOU shall remain in effect from the Effective Date until
termination in accordance with Section 9, and the termination of the ALPR Contract (including
any extensions to the ALPR Contract).
4. Lead Agency. The City of Rancho Palos Verdes agrees:
(a) ALPR Contract. To negotiate and, following review and approval by the
Member representatives, enter into a contract("ALPR Contract")with an ALPR service provider
("ALPR Contractor" or "Contractor") to purchase, install, and maintain an ALPR System at the
locations identified in Exhibit B. The other Members are not in privity of contract with the
ALPR Contractor and the Lead Agency relies on the members to fulfill their obligations
hereunder. Lead Agency shall notify the other Members in writing at least 10 days prior to any
proposed change to the ALPR Contract.
(b) Invoice. To invoice the Members in amounts not exceeding the invoice
amounts shown in Exhibit A.
(c) Expenditure. To utilize the funds deposited by the Members only for the
administration of the ALPR Contract and to operate and maintain the System.
(d) Accounting. To provide an accounting of the ALPR Contract costs, and to
provide such accounting to the Members within 60 days following (i) the end of each fiscal year
(June 30) that this MOU remains in effect, (ii) the withdrawal of any Member, (iii) the
termination of the Agreement, or(iv)the request of any Member.
(e) Reports. To provide to the Members periodic reports concerning the
performance of the System, at such frequency as the Members may mutually agree.
5. Duties of All Members. The Members agree:
(a) Payment. To pay to the Lead Agency their proportional share of the
ALPR Contract as shown in Exhibit A and any other costs authorized hereunder to operate the
System. The cost estimates presented in Exhibit A have been agreed upon by the Members and
are subject to changes in the actual cost of the ALPR Contract. Each Member is required to pay
for its own costs, including any charged by the APLR Contractor under a separate agreement
with the Contractor. The percentages to be paid by each Member under the Cost Allocation
Formula(the"Formula") are as follows:
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01007.0514/299102.1
COST ALLOCATION FORMULA
("FORMULA")
Member Percentage
City of Palos Verdes Estates 20%
City of Rancho Palos Verdes 60%
City of Rolling Hills 7%
City of Rolling Hills Estates 13%
(b) Documentation. To make a good faith effort to cooperate with one another
to achieve the purposes of this MOU by providing all requested information and documentation
in their possession and available for release to the ALPR Contractor that is deemed necessary by
the Members to implement the ALPR Contract.
(c) Access. To allow reasonable access and entry to the ALPR Contractor, on
an as needed basis during the term of this MOU, to each Member's property to achieve the
purposes of this MOU and the ALPR Contract.
(d) Site Preparation. To prepare each camera location within its borders, as
depicted in Exhibit B, to pay all costs therefore, and to coordinate with the ALPR Contractor the
times in which the Member and the ALPR Contractor will install any required poles, utility
boxes, and/or camera equipment.
(e) Permitting. To assist the ALPR Contractor in obtaining any required
permits.
6. Obligation for Debts and Liabilities.
(a) Except as otherwise specifically provided herein, no Member shall be
individually responsible for any of the debts, liabilities or obligations of any other Member, nor
shall they have any liabilities under the ALPR Contract, but they shall be responsible for paying
the Lead Agency as provided herein so Lead Agency can maintain and operate the System.
(b) This MOU does not create any legal entity under the Joint Exercise of Powers
Act(Govt. Code Sec. 6500 et. seq.) or any other law, which would authorize the execution of
contracts, provide the right to sue or be sued, or which would otherwise create a separate legal
entity under the laws of California. Instead, this MOU establishes a mutual understanding to
carry out a project beneficial to existing governmental entities to promote public safety.
7. Indemnification.
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01007.0514/299102.1
(a) Generally. Each Member shall indemnify, defend, and hold harmless each
other Member, including its elected and appointed officers, employees, agents, attorneys, and
designated volunteers from and against any and all liability, including, but not limited to
demands, claims, actions, fees, costs, and expenses (including reasonable attorney's and expert
witness fees), arising from or connected with the respective acts of each Member arising from or
related to this MOU; provided, however, that no Member is obligated to indemnify another
Member for that Member's own negligence or willful misconduct.
(b) Government Code Section 895.2. In light of the provisions of Section
895.2 of the Government Code of the State of California imposing certain tort liability jointly
upon public entities solely by reason of such entities being parties to an agreement (as defined in
Section 895 of the Government Code), each of the Members hereto, pursuant to the authorization
contained in Government Code Sections 895.4 and 895.6, shall assume the full liability imposed
upon it or any of its officers, agents, or employees, by law for injury caused by any act or
omission occurring in the performance of this MOU to the same extent such liability would be
imposed in the absence of Section 895.2 of the Government Code. To achieve the above stated
purpose, each Member agrees to indemnify, defend, and holds harmless each other Member for
any liability, cost, or expense that may be imposed upon such other Member solely by virtue of
Government Code section 895.2. The provisions of Section 2778 of the California Civil Code
are made a part hereof as if incorporated herein.
(c) Privileges and Immunities. All of the privileges and immunities from
liability, exemptions from laws, ordinances, and rules, all pension, relief, disability, worker's
compensation, and other benefits which apply to the activity of officers, agents, or employees of
any Member when performing their respective functions within the territorial limits of the
Member, shall apply to them to the same degree and extent while engaged in the performance on
any of their functions and duties extraterritorially hereunder.
8. Disputes. Each Member shall have a reasonable opportunity to assert matters
which it believes have not been undertaken in accordance with the MOU, to explain the basis for
such assertion, and to receive from the other Member a justification of its position on such
matters. If, on the basis of the Members' review of any terms of the MOU, any Member
concludes that another Member has not complied in good faith with the terms of the MOU, then
such Member may issue a written "Notice of Non-Compliance" specifying the grounds therefore
and all facts demonstrating such non-compliance, which Notice shall be served on the alleged
noncompliant Member along with all other Members. The alleged noncompliant Member shall
have thirty (30) days to cure or remedy the non-compliance identified in the Notice of Non-
Compliance, or if such cure or remedy is not reasonably capable of being cured or remedied
within such thirty (30) days period, to commence to cure or remedy the non-compliance and to
diligently and in good faith prosecute such cure or remedy to completion. If the Member
receiving the Notice of Non-Compliance does not believe it is out of compliance and contests the
Notice, it shall do so by responding in writing to said Notice within thirty (30) days after receipt
of the Notice. The Notice of Non-Compliance, and any response thereto, must be sent to all
Members. If the response to the Notice of Non-Compliance has not been received in the offices
of the Member alleging the non-compliance within the prescribed time period, the Notice of
Non-Compliance shall be conclusively presumed to be valid. If a Notice of Non-Compliance is
contested, the Members shall, for a period of not less than thirty (30) days following receipt of
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01007.0514/299102.1
the response, seek to arrive at a mutually acceptable resolution of the matter(s) occasioning the
Notice. The Lead Agency shall notify in writing all Members within fifteen (15) days of any
Member failing to cure an alleged non-compliance with the terms or conditions of this MOU.
The compliant Members will determine the next course of action, which may include the
termination of a Member's participation in the MOU.
9. Termination and Withdrawal.
(a) Termination of MOU. This MOU may be terminated upon the express
written agreement of all Members. If this MOU is terminated all costs must be paid under the
ALPR Contract with all Members paying their proportionate share in accordance with the
Formula. Thereafter, all Members must agree on the equitable redistribution of remaining funds
deposited, if there are any. Completed work shall be owned by the Member or Members who
fund the completion of such work. Rights to uncompleted work by the ALPR Contractor still
under contract will be held by the Member or Members who fund the completion of such work.
(b) Withdrawal. If a Member wishes to withdraw from this MOU for any
reason, that Member must give the other Members prior written notice thereof. The remaining
Members have the option of maintaining the ALPR cameras at their then-current locations within
the borders of the withdrawing Member and assuming the cost thereof, making a proportionate
adjustment to the Formula per Section 5. If the remaining Members opt not to maintain the
ALPR cameras at their then-current locations within the borders of the withdrawing Member,
then the remaining Members shall have the choice to remove the cameras and other System
infrastructure at their expense, restoring the location to the status quo ante, or abandoning the
property in place to become the property and responsibility of the withdrawing Member. The
effective date of withdrawal shall be the sixtieth day after the Lead Agency receives written
notice of a Member's intent to withdraw. Should any Member withdraw from this MOU, the
remaining Members' cost share allocation, if any, shall be adjusted in accordance with the cost
allocation formula in Exhibit A. Each Member shall be responsible for its proportional share of
the ALPR Contract costs incurred through the completion of all requirements of the fiscal year.
10. General Provisions.
(a) Cooperation. The Members shall fully cooperate with one another to
attain the purposes of this MOU.
(b) Voluntary. This MOU is voluntarily entered into to attain the purposes of
this MOU.
(c) Notices. Any notices, bills, invoices, or reports relating to this MOU, and
any request, demand, statement, or other communication required or permitted hereunder shall
be in writing and shall be delivered to the representatives of the Members at the addresses set
forth in Exhibit C attached hereto and incorporated herein by reference. The Members shall
promptly notify each other of any change of contact information, including personnel changes,
provided in Exhibit C. Written notice shall include notice delivered via e-mail. A notice shall be
deemed to have been received on (i) the date of delivery, if delivered by hand during regular
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01007.0514/299102.1
business hours, or by e-mail; or (ii) on the third (3rd) business day following mailing by
registered or certified mail (return receipt requested)to the addresses set forth in Exhibit B.
(d) Administration. For the purposes of this MOU, the Members hereby
designate as their respective Member representatives the persons named in Exhibit C. The
designated Member representatives, or their respective designees, shall administer the terms and
conditions of this MOU on behalf of their respective Member.
(e) Relationship of the Members. The Members are, and shall at all times
remain as to each other, wholly independent entities. No Member to this MOU shall have power
to incur any debt, obligation, or liability on behalf of any other Member unless expressly
provided to the contrary by this MOU. No employee, agent, or officer of a Member shall be
deemed for any purpose whatsoever to be an agent, employee, or officer of another Member.
(f) Binding Effect. This MOU shall be binding upon, and shall be to the
benefit of the respective successors, heirs, and assigns of each Member; provided, however, no
Member may assign its respective rights or obligations under this MOU without prior written
consent of the other Members.
(g) Amendment. The terms and provisions of this MOU may not be amended,
modified, or waived, except by an instrument in writing signed by all non-delinquent Members.
For purposes of this subsection, a Member shall be considered delinquent if that Member fails to
timely pay an invoice as required by Section 5(a), withdraws pursuant to Section 9(b), or fails to
substantially comply with the terms and/or conditions of this MOU pursuant to Section 8.
(h) Law to Govern. This MOU is governed by, interpreted under, and
construed and enforced in accordance with the laws of the State of California.
(i) Severability. If any provision of this MOU shall be determined by any
court to be invalid, illegal, or unenforceable to any extent, then the remainder of this MOU shall
not be affected, and this MOU shall be construed as if the invalid, illegal, or unenforceable
provision had never been contained in this MOU.
(j) Entire Agreement. This MOU constitutes the entire agreement of the
Members with respect to the subject matter hereof.
(k) Waiver. Waiver by any Member to this MOU of any term, condition, or
covenant of this MOU shall not constitute a waiver of any other term, condition, or covenant.
Waiver by any Members to any breach of the provisions of this MOU shall not constitute a
waiver of any other provision, not a waiver of any subsequent breach or violation of any
provision of this MOU.
(1) No Presumption in Drafting. All Members have been represented by legal
counsel in the preparation and negotiation of this MOU. Accordingly, this MOU shall be
construed according to its fair language. Any ambiguities shall be resolved in a collaborative
manner by the Members and shall be rectified by amending this MOU as described in Section
10(g).
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01007.0514/299102.1
(m) Counterparts. This MOU may be executed in counterparts,which together
shall constitute the same and entire MOU.
(n) Corporate Authority. The person(s)executing this MOU on behalf of each
of the Members hereto represent and warrant that (i) such party, if not an individual, is duly
organized and existing, (ii) they are duly authorized to execute and deliver this MOU on behalf
of said Member, (iii) by so executing this Member such party is formally bound to the provisions
of this MOU, and (iv) the entering into this MOU does not violate any provision of any other
agreement to which such party is bound.
IN WITNESS WHEREOF, each of the Members hereto have caused this MOU to be
executed and attested by its duly authorized officers as of the dates set forth below.
PALOS VERDES ESTATES
LIA t_
Dated: June 14,2016 By: Jennifer L. King,Mayor
APPROVED AS TO FORM
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Dated:June 14, 2016 By: Christi Hogin,City Attorney
Dated: June 14, 2016 ATTEST:
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V kie Krog berg 't Clerk
7
01007.0514/299102.1
RANCHO PALOS VERDES
Dated: 4A3hb By: 141f�� a� Dr
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APPROVED AS TO FORM
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Dated: By: _1 ,
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01007.0514/299102.1
ROLLING HILLS
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Dated: Wit+11(9 By: Raymond R. Cruz, City Manager
APPROVED AS TO FORM
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Dated: 15 By: Michael Jenkins, City Attorney
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01007.0514/299102.1
ROLLING HILLS ESTATES
Dated: JUNE 14, 2016 By: STEVE ZUCKERMAN, MAYOR
APPROVED AS TO FORM
Dated: &/11('1By: .(4-vet,/te4ne /R � vt S 4:0✓I+7
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01007.0514/299102.1
EXHIBIT A
DIVISION OF COSTS
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01007.0514/299102.1
Exhibit A- ALPR Costs
TABLE 1
One-Time Costs Ongoing Costs:Years 1-5 Ongoing Costs:Year 6 and Beyond with Warranty
#Comm Equipment Infrastructure Total Cell Cost Replacement Fund Year 1-5 Extended Warranty LEARN Server Potential
City Camera Location #Cameras Boxes Cost Cost One-Time Annually (5-year)Annually Ongoing Annually Annually Year 6+Costs
A B C D E=C+D F=(C*$720) G=(C*1.03)/5 years H=(F+G) 1=(A*$500) J=(A*$250) K=(F+I+J)
RPV PVDW/Marguerite 4 1 $ 54,328.96 $ 7,500.00 $ 61,828.96 $ 720.00 $ 11,191.77 $ 11,911.77 $ 2,000.00 $ 1,000.00 $ 3,720.00
RPV PVDS/25th St 2 1 $ 29,200.98 $ - $ 29,200.98 $ 720.00 $ 6,015.40 $ 6,735.40 $ 1,000.00 $ 500.00 $ 2,220.00
RPV Miraleste NB&SB/Via Colinita 2 1 $ 29,200.98 $ 18,441.00 $ 47,641.98 $ 720.00 $ 6,015.40 $ 6,735.40 $ 1,000.00 $ 500.00 $ 2,220.00
RHE PVDN/Crenshaw SB 2 1 $ 31,300.98 $ - $ 31,300.98 $ 720.00 $ 6,448.00 $ 7,168.00 $ 1,000.00 $ 500.00 $ 2,220.00
RHE PVDN/Crenshaw NB 3 1 $ 40,559.98 $ $ 40,559.98 $ 720.00 $ 8,355.36 $ 9,075.36 $ 1,500.00 $ 750.00 $ 2,970.00
RHE PVDN/Crenshaw WB 2 1 $ 29,200.98 $ $ 29,200.98 $ 720.00 $ 6,015.40 $ 6,735.40 $ 1,000.00 $ 500.00 $ 2,220.00
RHE PVDN/Crenshaw EB 2 1 $ 29,200.98 $ $ 720.00 $ 6,015.40 $ 6,735.40 $ 1,000.00 $ 500.00 $ 2,220.00
RHE PVDE/PVDN SB 2 1 $ 29,490.48 $ $ 29,490.48 $ 720.00 $ 6,075.04 $ 6,795.04 $ 1,000.00 $ 500.00 $ 2,220.00
RHE PVDE/PVDN NB 2 1 $ 29,490.48 $ - $ 29,490.48 $ 720.00 $ 6,075.04 $ 6,795.04 $ 1,000.00 $ 500.00 $ 2,220.00
RHE PVDE/PVDN WB 2 1 $ 29,490.48 $ - $ 29,490.48 $ 720.00 $ 6,075.04 $ 6,795.04 $ 1,000.00 $ 500.00 $ 2,220.00
RHE PVDE/PVDN EB 2 1 $ 29,490.48 $ $ 29,490.48 $ 720.00 $ 6,075.04 $ 6,795.04 $ 1,000.00 $ 500.00 $ 2,220.00
RHE PVDN/Hawthorne SB 2 1 $ 29,200.98 $ $ 29,200.98 $ 720.00 $ 6,015.40 $ 6,735.40 $ 1,000.00 $ 500.00 $ 2,220.00
RHE PVDN/Hawthorne NB 3 1 $ 40,560.97 $ - $ 40,560.97 $ 720.00 $ 8,355.56 $ 9,075.56 $ 1,500.00 $ 750.00 $ 2,970.00
RHE PVDN/Hawthorne WB 3 1 $ 40,560.97 $ - $ 40,560.97 $ 720.00 $ 8,355.56 $ 9,075.56 $ 1,500.00 $ 750.00 $ 2,970.00
RHE PVDN/Hawthorne EB 3 1 $ 40,560.97 $ - $ 40,560.97 $ 720.00 $ 8,355.56 $ 9,075.56 $ 1,500.00 $ 750.00 $ 2,970.00
RHE Rolling Hills Road at PVDN NB 1 1 $ 18,126.50 $ - $ 18,126.50 $ 720.00 $ 3,734.06 $ 4,454.06 $ 500.00 $ 250.00 $ 1,470.00
PVE PV Blvd(both directions) 3 2 $ 48,520.97 $ 16,500.00 $ 65,020.97 $ 1,440.00 $ 9,995.32 $ 11,435.32 $ 1,500.00 $ 750.00 $ 3,690.00
PVE Via Valmonte(both directions) 2 1 $ 30,171.48 $ 8,250.00 $ 38,421.48 $ 720.00 $ 6,215.32 $ 6,935.32 $ 1,000.00 $ 500.00 $ 2,220.00
RH RH Entrances on guard shacks 3 3 $ 51,630.18 $ - $ 51,630.18 $ 2,160.00 $ 10,635.82 $ 12,795.82 $ 1,500.00 $ 750.00 $ 4,410.00
SUBTOTAL 45 22 $ 660,288.78 $ 50,691.00 $ 681,778.80 $ 15,840.00 $ 136,019.49 $ 151,859.49 $ 22,500.00 $ 11,250.00 $ 49,590.00
Discount if contract executed by 6/24/16 $ (43,000.00) $ (43,000.00)
TOTAL $ 617,288.78 $ 50,691.00 $ 638,778.80 $ 15,840.00 $ 136,019.49 $ 151,859.49 $ 22,500.00 $ 11,250.00 $ 49,590.00
TABLE 2
Population Pop% Dwelling Units DU% Area(sq.mi.) Area%
PVE 13,730 20.7% 5,298 20.9% 4.77 19.2%
RPV 42,564 64.1% 16,233 64.0% 13.48 54.3%
RH 1,904 2.9% 719 2.8% 2.99 12.0%
RHE 8,223 12.4% 3,101 12.2% 3.60 14.5%
Total 66,421 100.0% 25,351 100.0% 24.84 100.0%
TABLE 3
Based on DU and Equipment Infrastructure Total Cell Cost Replacement Fund Year 1-5 If possible,Extend Potential
Area (rounded) Cost(Vigilant) Cost(Vigilant) (Vigilant) Annually (5-year) Ongoing Warranty in Yr.6+ Year 6+Costs
PVE 20% $ 123,457.76 $ 24,750.00 $ 148,207.76 $ 3,168.00 $ 27,203.90 $ 30,371.90 If able to extend,pay for LEARN $ 9,918.00
RPV 60% $ 370,373.27 $ 25,941.00 $ 396,314.27 $ 9,504.00 $ 81,611.69 $ 91,115.69 server($250/Camera)and $ 29,754.00
RH 7% $ 43,210.21 $ - $ 43,210.21 $ 1,108.80 $ 9,521.36 $ 10,630.16 Warranty$500/camera for $ 3,471.30
RHE 13% $ 80,247.54 $ - $ 80,247.54 $ 2,059.20 $ 17,682.53 $ 19,741.73 Year 6+because less than $ 6,446.70
100% $ 617,288.78 $ 50,691.00 $ 667,979.78 $ 15,840.00 $ 136,019.49 $ 151,859.49 annual replacement costs. $ 49,590.00
EXHIBIT B
MAP
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01007.0514/299102.1
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EXHIBIT C
CITY ADDRESSES
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01007.0514/299102.1
Exhibit C
City Manager(or designee)
City of Palos Verdes Estates
340 Palos Verdes Drive West
(310)378-0383
Fax: (310)378-7820
City Manager
2 Portuguese Bend Road
Rolling Hills,CA 90274
(310)377-1521
Greg Grammer,Assistant City Manager
City of Rolling Hills Estates
4045 Palos Verdes Drive North
Rolling Hills Estates,CA 90274
(310)377-1577
Fax: (310)377-4468
Gabriella Yap, Deputy City Manager
City of Rancho Palos Verdes
30940 Hawthorne Boulevard
Rancho Palos Verdes,CA 90275
(310)544-5203
Fax: (310)544-5293