RPVCCA_CC_SR_2011_11_15_H_Mia_Lehrer_Skate_Park_Agmt_AmndmtCrrvOF
TO:
FROM:
DATE:
HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL
CAROLYNN PETRU,DEPUTY CITY MANAGERlINTERIrfif'
RECREATION AND PARKS DIRECTOR
NOVEMBER 15,2011
SUBJECT:AGREEMENT AMENDMENT:SKATE PARK AND DOG PARK
COMMUNITY OUTREACH AND SITE ANALYSIS
REVIEWED:CAROLYN LEHR,CITY MANAGER Q.9-.-.
Staff Coordinator:Katie Howe,Administrative Analyst II t~
RECOMMENDATION
Amend the term of the City's current agreement with Mia Lehrer &Associates for public
outreach and site analysis to consider both a skate park and a dog park on the
Peninsula to extend the date from February 28,2012 to April 30,2012.
BACKGROUND
On September 20,2011,City Council approved an agreement with Mia Lehrer &
Associates to conduct community outreach and perform site analysis of potential
locations on the Peninsula for the placement of a dog park and a skate park.The term
of the existing agreement ends on February 28,2012.
DISCUSSION
Consultant work defined in the agreement includes:
•Preparation of skate park/dog park program evaluation and site location criteria;
•Preparation of site location studies;
•Conducting skate park/dog park stakeholder community workshops;and
•Providing cost estimates for a skate park and a dog park.
After initial meetings with the consultant in October 2011,which included discussion of
the project schedule and public outreach strategies,staff concluded that more time was
needed to engage with stakeholders,complete the community outreach effort for both
H-1
Agreement Amendment -Skate Park and Dog Park Site Analysis
November 15,2011
Page 2
contemplated uses and synthesize all of the site analysis data.Therefore,staff is
recommending that the existing contract be amended to allow a new term end date of
April 30,2012.
The revised project schedule includes the following targeted milestones:
•Council Review of Site Criteria -December 20 th City Council meeting
•Skate Park Charette/Workshop with skaters -Saturday,January 14th
•Field Visits to Potential Sites with Council members -Week of January 29th
•Site and Program Evaluation by staff and consultant -month of February
•Skate Park/Dog Park Community Workshop -Saturday,March 10th
•Presentation to City Council -April 3rd City Council meeting
Amending the agreement to extend the project schedule by two months will give staff
and the consultant the additional time needed to seek input from stakeholders and the
public and to thoroughly analyze the site options and program requirements to complete
the project.The timing of the completion of the project would still allow the City Council
to consider funding and implementation of any selected project(s)as part of the FY12-
13 budget process,as deemed appropriate.
FISCAL IMPACT
There is no fiscal impact resulting from approving the recommended amended term end
date.
Attachments:
1)First Amendment to the Professional Services Agreement between Mia Lehrer &
Associates and the City
2)September 20,2011 staff report
H-2
Attachment 1:First Amendment to Agreement
H-3
FIRST AMENDMENT TO THE PROFESSIONAL DESIGN SERVICES AGREEMENT
BETWEEN
MIA LEHRER &ASSOCIATES AND THE CITY OF RANCHO PALOS VERDES
This amendment agreement ("First Amendment")is an amendment to the professional
design and services agreement between the City of Rancho Palos Verdes,a municipal
corporation ("CITY")and Mia Lehrer &Associates ("CONSULTANT"),dated September 20,
2011 ("Agreement").This First Amendment is effective as of November 15,2011 and is being
made to extend the term of the Agreement and to make a minor revision to the section regarding
notice.
RECITALS:
A.On September 20,2011,the City Council of CITY approved an agreement with
Mia LehreF &Associates to conduct community outreach and perform site analysis of potential
locations on the Peninsula for the placement of a dog park and a skate park.
B.CITY and CONSULTANT now wish to amend the Agreement to extend its term
so that sufficient time is allowed to diligently accomplish the project.
NOW,THEREFORE,for good and valuable consideration,the receipt and sufficiency of
which is hereby acknowledged,the parties hereto agree as follows:
Section 1.Section 2.5 ofthe Agreement is hereby amended to read as follows:
2.5 Term of Agreement
This Agreement shall commence on September 26,2011,and shall terminate on April 30,2012,
unless sooner terminated pursuant to Article 4 of this Agreement.
Section 2.
6.14 Notice
Section 6.14 of the Agreement is hereby amended to read as follows:
Except as otherwise required by law,any notice or other communication
authorized or required by this Agreement shall be in writing and shall be deemed received on (a)
the day of delivery if delivered by hand or overnight courier service during CONSULTANT's or
CITY's regular business hours or (b)on the third business day following deposit in the United
States mail,postage prepaid,to the addresses listed below,or at such other address as one party
may notify the other:
To CITY:
Carolynn Petru,Deputy City Manager/Parks and Recreation Director
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes,CA 90275
H-4
To CONSULTANT:
Mia Lehrer &Associates
3780 Wilshire Blvd.,Suite 250
Los Angeles,CA 900 I0
Section 3.Except as expressly amended by this First Amendment,all of the other
provisions of the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereby execute this First Amendment as of the
date first written above.
Dated:_-.-_
Dated:_
ATTEST:
CITY CLERK
2
MIA LEHRER &ASSOCIATES
BY:-------------
BY:-------------
CITY OF RANCHO PALOS VERDES
BY:------------MAYOR
H-5
Attachment 2:September 20,2011 Staff Report
H-6
CrrvOF
TO:
FROM:
HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL
TOM ODOM,RECREATION AND PARKS DIRECTOR!PUBLIC W
DEPUTY DIRECTOR
DATE:SEPTEMBER 20,2011
SUBJECT:AGREEMENT FOR SKATE PARK AND DOG PARK COMMUNITY
OUTREACH AND SITE ANALYSIS
REVIEWED:CAROLYN LEHR,CITY MANAGER ~
Staff Coordinator:Kati~Howe,Administrative Analyst II
RECOMMENDATION
(1)Approve an agreement with Mia Lehrer &Associates in the amount of $24,400.00
for public outreach and site analysis to consider both a skate park and a dog park on
the Peninsula;and,(2)Adopt Resolution No.2011-__' a Resolution of the City
Council of the City of Rancho Palos Verdes amending Resolution No.2011-44,the
budget appropriation for FY11-12,to amend the General Fund and Capital Improvement
Project Fund budgets.
BACKGROUND
In April 2010,Council approved a contract with landscape architect Mia Lehrer &
Associates (ML +A)to Conduct community outreach and create conceptual designs for
Lower Hesse and Grandview Parks.At the November 16,2010 City Council Meeting,
as Council was considering conceptual designs for Lower Hesse Park,Skate Park
Palos Verdes,a grass roots organization promoting the creation of a skate park on the.
Peninsula,asked City Council to consider constructing a skate park at Lower Hesse
Park.In response,City Council directed staff to reopen the public outreach process to
consider the inclusion of a skate facility within Lower Hesse Park,and to conduct
research and analysis on skate parks and skate park operation.
On June 7,2011,City Council considered an agreement with ML +A to conduct public
outreach and research to consider a skate park at Lower Hesse Park,and if necessary,
to alter the Lower Hesse Park conceptual design to include a skate park.While
considering the proposal,Council directed staff to renegotiate the scope of the work
with ML +A to include an expanded site analysis to consider other public and private
H-7
Agreement -Skate Park and Dog Park Site Analysis
September20,2011
Page 2
property or leased property available in the City and on the Peninsula in general that
could potentially be used as a skate park,along with establishing a set of criteria to
evaluate the potential sites.
DISCUSSION
The attached draft professional services agreement has been reviewed by the City
Attorney and is presented for the Council's consideration (see attached).In addition to
a skate park,also included in the agreement is community outreach and site analysis
for a dog park.The City has received numerous requests for a dog park in recent years,
and performing the site analysis and outreach for dog parks concurrent with skate parks
is an efficient use of City resources,including staff time and funds.
The proposal submitted by Mia Lehrer &Associates includes:
•Preparation of skate park/dog park program evaluation and site location criteria;
•Preparation of site location studies;
•Conducting skate park/dog park stakeholder community workshops;and,
•Providing cost estimates for a skate park/dog park.
6bTEBNATIVE .
If the Council does not wish to pursue a skate park or dog park within the City,then
there is no need for this contract.
EISCAb IMPACT
If the agreement is approved,funds for the agreement in the amount of $24,400 will be
appropriated in the Parks,Trails &Open Space Improvements program of the CIP
Fund.The requested adjustment would require a funding transfer from the General
Fund.Below is the related fiscal Impact matrix.The FY11-12 Statement of Estimated
General Fund Reserves Is attached.
One-time &Initial fiscal ear cost
Amount to add to future annual operating
bud et
Permanent addition to annual staff hours
Potential future savin s
Estimated fiscal year end available fund
balance after City Council action (net of
reserve level,If a Iicable
No
No
No
Genel'lll Fund
24400
-$235399
H-8
Agreement -Skate Park and Dog Park Site Analysis
September 20,2011
Page 3
Attachments:
Resolution No.2011-_
General Fund Reserve Schedule
Mia Lehrer &Associates Agreement
Public Correspondence
H-9
Attachment
Resolution No.2011-__
H-10
RESOLUTION NO.2011-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES,AMENDING RESOLUTION NO.2011-44,THE BUDGET APPROPRIATON
FOR FY11-12,TO AMEND THE GENERAL FUND AND CAPITAL IMPROVEMENT
PROJECT FUND BUDGETS.
WHEREAS,on June 21,2011,the City Council of the City of Rancho Palos Verdes
adopted Resolution No.2011-44,approving the City's budget for FY 11-12;and
WHEREAS,the City is desirous of holding thorough public outreach for the
consideration of a skate park facility and a dog park facility on the Peninsula;and
WHEREAS,the City is desirous of preparing site criteria and conducting site analysis
for both skate park and dog park facilities;and
WHEREAS,Mia Lehrer &Associates is a prestigious firm with familiarity with outreach
to Rancho Palos Verdes residents and has past success with park design,analysis,and
community outreach;and.
WHEREAS,it is beneficial to maintain a professional,Independent method of public
outreach and analysis for programming considered for City parks,especially
programming as complex and Impactful as a skate park or dog park facility;and
WHEREAS Mia Lehrer &Associates has submitted a proposal In the amount of $24,400
to perform the public outreach and site analysis;
NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY FIND,DETERMINE,AND RESOLVE AS FOLLOWS:
The following adjustments be made to the FY 11-12 budget:
Increase the General Fund Budget as follows:
Transfers Out #101-600Q..491-91-OO To CIP Fund
Increase the Capital Improvement Fund Budget as follows:
Transfers In #330-3033-391-10-00 From General Fund
Park Improv #330-3033-461-32-00 Professional Services
$24,400
$24,400
$24,400
PASSED,APPROVED,AND ADOPTED THE 20th DAY OF SEPTEMBER 2011.
Mayor
Attest:
H-11
City Clerk
State of California )
County of Los Angeles )ss
City of Rancho Palos Verdes )
I,Carla Morreale,City Clerk of the City of Rancho Palos Verdes,hereby certify that the
above Resolution No.2011-_was duly and regularly passed and adopted by the said
City Council at regular meeting thereof held on September 20,2011.
City Clerk
H-12
Attachment
General Fund Reserve Schedule
H-13
FY11·12 Statement of Estimated General Fund Reserves
Revenues
Attachment A
ending
Net Trans1ers Reserves
Net Transfers include both operating transfers from and to the General fund.OrIginally budgeted Net Transfers are adjusted when staff becomes aware that
an additional 0 rati transfer Is needed to sa an unanticl sted shortfall within another fund;and that shortfall must be funded with General fund monies.
Ending Reserves are the estimated 6130/12 General fund reserves at the time of budget adoption.Adjusted En41ng Reserves is a calculation based on
sub uent ad ustments to B Innin Reserves Revenues ndltures and Net Transfers.
H-14
Attachment
Mia Lehrer &Associates Agreement
H-15
PROFESSIONAL DESIGN SERVICES AGREEMENT
This Agreement ("Agreement")is made and entered into this _day of September
2011,by and between the City of Rancho Palos Verdes (hereinafter referred to as the
"CITY")and Mia Lehrer &Associates (hereafter referred to as "CONSULTANT").
WHEREAS,the CITY is desirous of entering into a professional services agreement
with a landscape architect to provide recommendations on skate park and dog park design
criteria and site analysis;,
WHEREAS,CONSULTANT has worked successfully with the CITY on a previous
project and has knowledge of CITY parks and project history.
NOW,THEREFORE,IN CONSIDERATION of the covenants hereinafter set forth,
the parties hereto mutually agree as follows:
ARTICLE 1
SCOPE OF SERVICES
1.1 Project Description
The Project is described as follows:
Professional Landscape Architecture Design Services and Site Location
Analysis for a potential skate park and for a potential dog park.
1.2 Description of Services
CONSULTANT shall:perform services as described in the Consultant's
Proposal,which is attached hereto as Exhibit "A"and incorporated herein by this
reference.
1.3 Schedule of Work
Upon receipt of written Notice to Proceed from the CITY,CONSULTANT
shall perform with due diligence the services requested by the CITY.Time is of the
essence in this Agreement.CONSULTANT shall not be responsible for delay,nor shall
CONSULTANT be responsible for damages or be in default or deemed to be in default by
reason of strikes,lockouts,accidents,or acts of God,or the failure of CITY to furnish timely
information or to approve or disapprove CONSULTANT's work promptly,or delay or faulty
performance by CITY,other consultants/contractors,or governmental agencies,or any
other delays beyond CONSULTANT's control or without CONSULTANT's fault.
ARTICLE 2
COMPENSATION
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2.1 Fee
CITY agrees to compensate CONSULTANT for services in accordance with
Exhibit "A.u
2.2 Payment Address
All payments due CONSULTANT shall be paid to:
Mia lehrer &Associates
3780 Wilshire Blvd.,Suite 250
los Angeles,CA 90010
2.3 Terms of Compensation
CONSULTANT shall submit monthly invoices for the percentage of work
completed In the previous month.CITY agrees to authorize payment for all undisputed
Invoice amounts within thirty (30)days of receipt of each Invoice.CITY agrees to use its
best efforts to notify CONSULTANT of any disputed invoice amounts or claimed
completion percentages within ten (10)days of the receipt of each invoice.However,
CITY's failure to timely notify CONSULTANT of a disputed amount of claimed completion
percentage shall not be deemed a waiver of CITY's right to challenge such amount or
percentage.
Additionally,in the event CITY fails to pay any undisputed amounts due
CONSULTANT within forty-five (45)days after invoices are received by CITY then CITY
agrees that CONSULTANT shall have the right to consider said default a total breach of
this Agreement and be terminated by CONSULTANT without liability to CONSULTANT
upon ten (10)working days advance written notice.
2.4 Additional Services
CITY may request additional specified work under this Agreement.
CONSULTANT shall perform such services and shall be paid for such additional services
in accordance with CONSULTANT's Standard Schedule of Hourly Rates,which Is set forth
in Exhibit "B"hereto.The rates set forth In Exhibit B shall be in effect through the end of
the term of this Agreement.All such work must be authorized in writing by the CITY's
Director of Parks and Recreation prior to commencement of work by CONSULTANT on the
additional services.
2.5 Term of Agreement
This Agreement shall commence on September 26,2011 and shall
terminate on Februarv28,2012 !unless sooner terminated pursuant to Article
4 of this Agreement.
ARTICLE 3
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INDEMNIFICATION AND INSURANCE
3.1 Indemnification.Hold Harmless.and Duty to Defend.
A.Indemnity for Design Professional Services.In connection with its
design professional services,CONSULTANT shall hold harmless artd indemnify CITY,
and its officials,officers,employees,agents and independent contractors serving in the
role of CITY officials,and designated volunteers (collectively,"Indemnitees"),with
respect to any and all claims,demands,causes of action,damages,injuries,liabilities,
losses,costs or expenses,including reimbursement of attorneys'fees and costs of
defense (collectively,"Claims"hereinafter),including but not limited to Claims relating to
death or injury to any person and injury to any property,which arise out of,pertain to,or
relate te;>in whole or in part to the negligence,recklessness,or willful misconduct of
CONSULTANT or any of its officers,employees,subcontractors,or agents in the
performance of its design professional services under this Agreement.
B.Other Indemnities.In connection with any and all claims,
demands,causes of action,damages,injuries,liabilities,losses,costs or expenses,
including attorneys'fee.s and costs of defense (collectively,"Damages"hereinafter)not
covered by Section 3.1(A),CONSULTANT shall defend,hold harmless and indemnify
the Indemnitees with respect to any and all Damages,including but not limited to,
Damages relating to death or injury to any person and injury to any property,which
arise out of,pertain to,or relate to the acts or omissions of CONSULTANT or any of its
officers,employees,subcontractors,or agents in the performance of this Agreement,
except for such loss or damage arising from the sole negligence or willful misconduct of
the CITY,as determined by final arbitration or court decision or by the agreement of the
parties.CONSULTANT shall defend Indemnitees in any action or actions filed in
connection with any such Damages with counsel of CITY's choice,and shall pay all
costs and expenses,including all attorneys'fees and experts'cosl$actually incurred in
connection with such defense.Consultant's duty to defend pursuant to this Section
3.1 (b)shall apply independent of any prior,concurrent or subsequent misconduct,
negligent acts,errors or omissions of Indemnitees.
C.All duties of CONSULTANT under Section 3.1 shall survive
termination of this Agreement.
3.2 General Liability
CONSULTANT shall at all times dl,Jring the term of the Agreement carry,
maintain,and keep in full force and effect,a policy or policies of Commercial General
Liability Insurance,with minimum limits of one million dollars ($1,000,000)for each
occurrence and two million dollars ($2,000,000)general aggregate for bodily injury,death,
loss or property damage for products or completed operations and any and all other
activities undertaken by CONSULTANT in the performance of this Agreement.Said policy
or policies shall be issued by an insurer admitted to do business in the State of California
and,rated in A.M.Best's Insurance Guide with a rating of A:vn or better.
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3.3 Professional Liability
CONSULTANT shall at all times during the term of this Agreement,carry,
maintain,and keep in full force and effect a policy or policies of professional liability
insurance with a minimum limit of one million dollars ($1 ,000,000)per claim and aggregate
for errors and/or omissions of CONSULTANT in the performance of this Agreement.Said
policy or policies shall be issued by an insurer admitted to do business in the State of
California and rated in Best's Insurance Guide with a rating of A:vn or better.If a "claims
made"policy is provided,such policy shall be maintained in effect from the date of
performance of work or services on the CITY's behalf until three (3)years after the date of
work or services are accepted as completed.Coverage for the post-completion period may
be prov,ided by renewal or replacement of the policy for each of the three (3)years or by a
three-year extended reporting period endorsement,which reinstates all limits for the
extended reporting period.If any such policy and/or policies have a retroactive date,that
date shall be no later than the date of first performance of work or services on behalf of the
CITY.Renewal or replacement policies shall not allow for any advancement of such
retroactive date.
3.4 Automobile Liability
CONSULTANT shall at all times during the term of this Agreement obtain,
maintain,and keep in full force and effect,a policy or policies of Automobile Liability
Insurance,with minimum of one million dollars ($1 ,000,000)per claim and occurrence and
two million dollars ($2,000,000)in the aggregate for bodily injuries or death of one person
and five hundred thousand dollars ($500,000)for property damage arising from one
incident.
3.5 Worker's Compensation
CONSULTANT agrees to maintain in force at all times during the
performance of work under this Agreement worker's compensation insurance as required
by the law.CONSULTANT shall require any subcontractor similarly to prOVide such
compensation insurance for their respective employees.
3.6 Notice of Cancellation
A.All insurance policies shall provide that the insurance coverage shall
not be cancelled by the insurance carrier without thirty (30)days prior written notice to
CITY,or ten (10)days notice if cancellation is due to nonpayment of premium.
CONSULTANT agrees that it will not cancel or reduce said insurance coverage.
B.CONSULTANT agrees that if it does not keep the aforesaid insurance
in full force and effect,CITY may either immediately terminate this Agreement or,if
insurance is available at a reasonable cost,CITY may take out the necessary insurance
anclpay,at CONSULTANT's expense,the premium thereon.
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3.7 Certificate of Insurance
At all times during the term of this Agreement,CONSULTANT shall maintain
on file with the CITY Clerk a certificate of insurance showing that the aforesaid policies are
in effect in the required amounts.The commercial general liability policy shall contain
endorsements naming the CITY,its officers,agents and employees as additional insureds.
3.8 Primary Coverage.
The insurance provided by CONSULTANT shall be primary to any coverage
available to CITY.The Insurance policies (other than workers compensation and
professional liability)shall include provisions for waiver of subrogation.
ARTICLE 4
TERMINATION
4.1 Termination of Agreement
(a)This Agreement may be terminated at anytime,with or without cause,
by the CITY upon thirty (30)days prior written notice or by CONSULTANT upon ninety (90)
days prior written notice.Notice shall be deemed served if completed in compliance with
Section 6.14.
(b)In the event of termination or cancellation of this Agreement by
CONSULTANT or CITY,due to no fault or failure of performance by CONSULTANT,
CONSULTANT shall be paid compensation for all services performed by CONSULTANT,
in an amount to be determined as follows:for work satisfactorily done in accordance with
all of the terms and provisions of this Agreement,CONSULTANT sh,all be paid an amount
equal to the percentage of services performed prior to the effective date of termination or
cancellation in accordance with the work items;prOVided,In no event shall the amount of
money paid under the foregoing provisions of this paragraph exceed the amount which
would have been paid to CONSULTANT for the full performance of the services described
in this Agreement.
ARTICLE 5
OWNERSHIP OF DOCUMENTS
5.1 Ownership of Documents and Work Product
All documents,plans,specifications,reports,information,data,exhibits,
photographs,images,video files and media created or developed by CONSULTANT
pursuant to this Agreement ("Written Products")shall be and remain the property of the
CITY without restriction or limitation upon its use,duplication or dissemination by the CITY.
All Written Products shall be considered "works made for hire,"and all Written Products
and any and all intellectual property rights arising from their creation,including,but not
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limited to,all copyrights and other proprietary rights,shall be and remain the property of the
CITY without restriction or limitation upon their use,duplication or dissemination by the
CITY.CONSULTANT shall not obtain or attempt to obtain copyright protection as to any
Written Products.
CONSULTANT hereby assigns to the CITY all ownership and any and all
intellectual property rights to the Written Products that are not otherwise vested in the CITY
pursuant to the paragraph directly above this one.
CONSULTANT warrants and represents that it has secured all necessary
licenses,consents or approvals to use any instrumentality,thing or component as to which
any intellectual property right exists,including computer software,used in the rendering of
the services and the production of all Written Products produced under this Agreement,
and that the CITY has full legal title to and the right to reproduce the Written Products.
CONSULTANT shall defend,indemnify and hold the CITY,and its elected officials,officers,
employees,servants,attorneys,designated volunteers,and agents serving as independent
contractors in the role of CITY officials,harmless from any loss,claim or liability in any way
related to a claim that CITY's use of any of the Written Products is Violating federal,state
or local laws,or any contractual provisions,or any laws relating to trade names,licenses,
franchises,copyrights,'patents or other means of protecting intellectual property rights
and/or interests in products or inventions.CONSULTANT shall bear all costs arising from
the use of patented,copyrighted,trade secret or trademarked documents,materials,
equipment,devices or processes in connection with its provision of the services and
Written Products produced under this Agreement.In the event the use of any of the
Written Products or other deliverables hereunder by the CITY is held to constitute an
infringement and the use of any of the same is enjoined,CONSULTANT,at its expense,
shall:(a)secure for CITY the right to continue using the Written Products and other
deliverables by suspension of any injunction,or by procuring a license or licenses for CITY;
or (b)modify the Written Products and other deliverables so that they become non-
infringing while remaining In compliance with the requirements of this Agreement.This
covenant shall survive the termination of this Agreement.
Upon termination,abandonment or suspension of the Project,the
CONSULTANT'shall deliver to the CITY aI/Written Products and other dellverables related
to the Project without additional cost or expense to the CITY.If CONSULTANT prepares a
document on a computer,CONSULTANT shall provide CITY with said document both in a
printed format and in an electronic format that is acceptable to the CITY.
ARTICLE 6
GENERAL PROVISIONS
6.1 Representation
The CITY representative shall be the Director of Public Works or his or her
designee,and CONSULTANT shall notify CITY of CONSULTANT's designated
representative.,These individuals shall be the primary contact persons for the parties
regarding performance of this Agreement.
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6.2 Fair Employment Practices/Equal Opportunity Acts
In the performance of this Agreement,CONSULTANT shall comply with all
applicable provisions of the California Fair Employment Practices Act (California
Government Code Sections 1294048),the applicable equal employment provisions ofthe
Civil Rights Act of 1964 (42 U.S.C.200e-217),and the Americans with Disabilities Act of
1992 (42 U.S.C.§11200,etseg.).
6.3 Personnel
CONSULTANT represents that it has,or shall secure at its own expense,all
personnel required to perform CONSULTANT's services under this Agreement.Any
person who performs engineering services pursuant to this Agreement shall be licensed as
a Civil Engineer by the State of California and in good standing.CONSULTANT shall
make reasonable efforts to maintain the continuity of CONSULTANT's staff who are
assigned to perform the services hereunder and shall obtain the approval of the Director of
Public Works of all proposed staff members who wUl perform such services.
CONSULTANT may associate with or employ associates or subconsultants in the
performance of its services under this Agreement,but at all times shall CONSULTANT be
responsible for its associates or subconsultants'services.
6.4 CONSULTANT's Representations
CONSULTANT represents,covenants and agrees that:a)CONSULTANT is
licensed,qualified,and capable of furnishing the labor,materials,and expertise necessary
to prepare the desired analysis and perform the services in accordance with the terms and
conditions set forth In this Agreement;b)there are no obligations,commitments,or
Impediments of any kind that will limit or prevent CONSULTANT's ft,IlI performance under
this Agreement;c)to the extent required by the standard of practice,CONSULTANT has
investigated and considered the scope of services performed,has carefully considered
how the services should be performed,and understands the facilities,difficulties and
restrictions attending performance of the services under this Agreement.
6.5 Conflicts of Interest
CONSULTANT agrees not to accept any employment or representation
during the term ofthls Agreement or within twelve (12)months after completion of the work
under this Agreement which Is or may likely make CONSULTANT "financially interested"
(as provided in California Government Code Sections 1090 and 87100)in any decisions
made by CITY on any matter in connection with which CONSULTANT has been retained
pursuant to this Agreement.
6.6 Legal Action
A.Should either party to this Agreement bring legal action against the
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other,the validity,interpretation,and performance of this Agreement shall be controlled by
and construed under the laws of the State of California,excluding California's choice of law
rules.Venue for any such action relating to this Agreement shall be in the Los Angeles
County Superior Court.
B.If any legal action or other proceeding,including action for declaratory
relief,is brought for the enforcement of this Agreement or because of an alleged dispute,
breach,default or misrepresentation in connection with this Agreement,the prevailing party
shall be entitled to recover reasonable attorneys'fees,experts'fees,and other costs,in
addition to any other relief to which the party may be entitled.
C.Should any legal action about a project between CITY and a party
other toan CONSULTANT require the testimony of CONSULTANT when there is no
allegation that CONSULTANT was negligent,CITY shall compensate CONSULTANT for its
testimony and preparation to testify at the hourly rates in effect at the time of such
testimony.
6.7 Assignment
Neither this Agreement nor any part thereof shall be assigned by
CONSULTANT without the prior written consent of the CITY.Any such purported
assignment without written consent shall be null and void,and CONSULTANT shall hold
harmless,defend and indemnify the CITY and its officers,officials,employees,agents and
representativeswith respect to any claim,demand or action arising from any unauthorized
assignment.
Notwithstanding the above,CONSULTANT may use the services of persons
and entities not in CONSULTANT's direct employ,when It is appropriate and customary to
do so.Such persons and entities Include,but are not necessarily ,limited to,surveyors,
specialized consultants,and testing laboratories.CONSULTANT's use of subconsultants
for additional services shall not be unreasonably restricted by the CITY provided
CONSULTANT notifies the CITY in advance.
6.8 Independent Contractor
CONSULTANT is and shall at all times remain,as to the CITY,a wholly
independent contractor.Neither the CITY nor any of its agents shall have control over the
conduct of CONSULTANT or any of the CONSULTANT's employees,except as herein set
forth,and CONSULTANT is free to dispose of all portions of its time and activities which it
is not obligated to devote to the CITY In such a manner and to such persons,firms,or
corporations as the CONSULTANT wishes except as expressly prOVided in this Agreement.
CONSULTANT shall have no power to incur any debt,obligation,or liability on behalf of the
CITY or otherwise act on behalf of the CITYas an agent.CONSULTANT shall not,at any
time or in any manner,represent that it or any of its agents,servants or employees,are in
any manner agents,servants or employees of CITY.CONSULTANT agrees to pay all
reql,Jired taxes on amounts paid to CONSULTANT under this Agreement,and to indemnify
Page 8 oflO
R6876-0001\1383216.3.doc
H-23
and hold the CITY harmless from any and all taxes,assessments,penalties,and interest
asserted against the CITY by reason of the independent contractor relationship created by
this Agreement.CONSULTANT shall fully comply with the workers'compensation law
regarding CONSULTANT and its employees.CONSULTANT further agrees to indemnify
and hold the CITY harmless from any failure of CONSULTANT to comply with applicable
workers'compensation laws.The CITY shall have the right to offset against the amount of
any fees due to CONSULTANT under this Agreement any amount due to the CITY from
CONSULTANT as a result of its failure to promptly pay to the CITY any reimbursement or
indemnification arising under this Article.
6.9 Titles
.The titles used in this Agreement are for general reference only and are not
part of the Agreement.
6.10 Entire Agreement
This Agreement,including any other documents incorporated herein by
specific reference,rePresents the entire and integrated agreement between CITY and
CONSULTANT and supersedes all prior negotiations,representations or agreements,
either written or oral.This Agreement may be modified or amended,or provisions or
breach may be waived,only by subsequent written agreement signed by both parties.
6.11 Construction
In the event of any asserted ambiguity in,or dispute regarding the
Interpretation of any matter herein,the Interpretation of this Agreement shall not be
resolved by any rules of interpretation providing for interpretation against the party who
causes the uncertainty to exist or against the party who drafted tile Agreement or who
drafted that portion of the Agreement.
6.12 Non-Waiver ofierms.Rights and Remedies
Waiver by either party of anyone or more of the conditions of performance
under this Agreement shall not be a waiver of any other condition of performance under
this Agreement.In no event shall the making by the CITY of any payment to
CONSULTANT constitute or be construed as a waiver by the CITY of any breach of
covenant,or any default which may then exist on the part of CONSULTANT,and the
making of any such payment by the CITY shall in no way impair or prejudice any right or
remedy available to the CITY with regard to such breach or default.
6.13 Severability
If any term or portion of this Agreement is held to be invalid,Illegal,or
otherwise unenforceable by a court of competent jurisdiction,the remaining provisions of
this,Agreement shall continue in full force and effect.
Page 9 of 10
R6876-0001\1383216.3.doc
H-24
6.14 Notice
Except as otherwise required by law,any notice or other communication
authorized or required by this Agreement shall be in writing and shall be deemed received
on (a)the day of delivery if delivered by hand or overnight courier service during
CONSULTANT's or CITY's regular business hours or (b)on the third business day
following deposit in the United States mail,postage prepaid,to the addresses listed below,
or at such other address as one party may notify the other:
To CITY:
Tom Odom,Parks and Recreation Director
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes,CA 90275
To CONSULTANT:
Mia Lehrer &Associates
3780 Wilshire Blvd.,Suite 250
Los Angeles,CA 90010
IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of
the date and year first above written.
Dated:,_
Dated:,_
ATTEST:
CITY CLERK
MIA LEHRER &ASSOCIATES
BY:------:-------
BY:------------
CITY MANAGER
Page 10 oflO
R6876..Q001\1383216.3.doc
H-25
+associates
EXHIBIT A
July 18,2011
Mr.Tom A Odom,Director
Parks Open Space and Trails
Public Works Department
City ofRancho Palos Verdes
30940 H,wthorne Blvd.
Rancho Palos Verdes,CA 90275-5391
Re:Request for Proposal-Landscape Architecture Extra Services -
for skate park and dog park program evaluation and site location studies for the City of Rancho
Palos Verdes
Dear Mr.Odom:
We look forward to preparing a skate park and dog park program.evaluation and site location studies for
the City ofRancho Palos Verdes.
SCOPE OF SERVICES
The extra services shall be provided in one phase.The Consultant shall proceed with the work only upon
authorization by the Owner.The Consultant's work will include:
TASK 1-SKATE PARK (fee -$5,000)
1.1 Prepare skate park program evaluation and site location criteria
o Establish skate park:site location criteria.
The development of these parameters will be prepared through research,professional
experience and stakeholder input (8-1/2"x 11"format)
o Prepare evaluation ofskate park:program types,including temporary,permanent street -plaza,
and bowl styles.(11"x 17"format)
.0 Review with city staff.(1 meeting)
1.2 Present to the Rancho Palos Verdes City Council skate park program evaluation and site location
criteria -power point format.
o Attend preparation meeting with city staff.(1 meeting)
o Preparation ofpower point presentation.
o Attend city council meeting.
tel 213 384 3844-
fax 213 3843833
3780 Wilshire Blvd.suite 250
Los Angeles,Ca.90010
H-26
+associates
1.3 Prepare preliminary site location studies.
o Prepare preliminary evaluation of Palos Verdes peninsula wide site location opportunities for
inclusion of a skate park program.(preliminary skate park site location plan)
o Review with city staff.(1 meeting)
1.4 Conduct skate park:stakeholder workshop for review of skate park site criteria,skate park
program types and preliminary site locations.
o Attend preparation meeting with city staff.(1 meeting)
o Prepare presentation boards and hand-outs from Tasks 1.1 and 1.3 and input from Task 1.2.
::,Conduct stakeholder workshop under the direction of city staff..
o Prepare findings from workshop.(8~1/2"x 11"summary format)
TASK 2 ~SKATE PARK (fee ~$5,000)
2.1 Prepare final skate park program evaluation and site location studies including:
o Skate park site'location criteria.
o Community wide skate park site location study.
o Site analysis and program evaluation of site locations.
•Arrival
•Access
•Topography
•Adjacency
•Site program compatibility
•Skate park program types
•Estimated probable cost for skate park:
o Review with city staff.(1 meeting)
2.2 Conduct final community workshop for review of skate park site location
park program types and site locations.
o Attend preparation meeting with city staff.(1 meeting)
o Preparation ofpresentation boards and hand-outs from Task 2.1.
o Conduct stakeholder workshop under the direction of city staff.
o Prepare findings from workshop.(8-1/2"x 11"summary format)
criteria,skate
tel 213 384 3844
fax 213 384 3833
3780 Wilshire Blvd.suite 250
Los Angeles,Ca.90010
~maiI oftice@mlagreen.com
H-27
+associates
TASK 3 -SKATE PARK.(fee -$1,100)
3.1 Present to the Rancho Palos Verdes City Council on skate park findings -power point format.
o Attend preparation meetiJtg with city staff.(1 meeting)
o Preparation ofpower point presentation.
o Attend city council meeting.
TASK 4 -DOG PARK.(fee -$5,000)
4.1 Prepare dog park program evaluation and site location criteria
o Establish dog park site location criteria.
The development of these parameters will be prepared through research,professional
experience and stakeholder input.(8-112"x 11"format)
o Prepare dog park program components (example:separate small dog park and large dog park
areas).•
o Review with city staff.(1 meeting)
4.2 Present to the Rancho Palos Verdes City Council dog park program evaluation and site location
criteria -power point format.
o Attend preparation meeting with city staff.(1 meeting)
o Preparation ofpower point presentation.
o Attend city council meeting.
4.3 Prepare preliminary site location studies.
o Prepare preliminary evaluation ofPalos Verdes peninsula wide site location opportunities for
inclusion ofa dog park program.(preliminary dog park site location plan)
o Review with city staff.(1 meeting),
4.4 Conduct dog park stakeholder workshop for review of dog park site criteria,dog park program
components and preliminary site locations.
o Attend preparation meeting with city staff.(1 meeting)
o Prepare presentation boards and hand-outs from Tasks 4.1 and 4.3 and input from Task 4.2.
o Conduct stakeholder workshop under the direction of city staff.
o Prepare findings from workshop.(8-1/2"x II"summary format)
tel 213 384 3844
fax 213 3843833
3780 Wilshire Blvd.suite 250
Los Angeles,Ca.90010
e-maUoffice@mlagreen.com
H-28
+a.ssocia.tes
TASK 5 -DOG PARK (fee -$5,000).
5.1 Prepare final dog park program evaluation and site location studies including:
o dog park site location criteria.
o dog park program components.
o Community wide dog park site location study.
o Site analysis and program evaluation of site locations.
•Arrival
•Access
•Topography
•Adjacency
•Shade
•Sound
•Site program compatibility
•Estimated probable cost for dog park
o Review with city staff.(1 meeting)
5.2 Conduct final community workshop for review ofdog park site location criteria,dog park
program components and site locations.
o Attend preparation meeting with city staff.(1 meeting)
o Preparation ofpresentation boards and hand-outs from Task 5.1.
o Conduct stakeholder workshop under the direction of city staff.
o Prepare findings from workshop.(8-112"x 11"summary format)
TASK 6 -DOG PARK (fee-$1,100)
6.1 Present to the Rancho Palos Verdes City Council on dog park findings -power point format.
o Attend preparation meeting with city staff.(1 meeting)
o Preparation of power point presentation.
o Attend city council meeting.
Scope of work and fees are based on city staff meetings and city council meetings covering both skate
park and dog park programs at same meeting.Fee based on stakeholder workshops to be held on same
day fur skate park and dog park.
We have estimated fees for the added scope to be:$24,400.
tel 213 384 3844
fax 213 3843833
3780 Wilshire Blvd.suite 250
Los Angeles,Ca.90010
e-mail office@mlagreen.com
H-29
+associates
FEES FOR PROFESSIONAL SERVICES
Invoices shall be issued on a percentage ofcompletion ofthis scope of services.
Fixed Fee Compensation:
);stimated Reimbursable $2,200.00
Total:
$22,200.00
$24,400.00
Reimbursable expenses as described below will be billed on a monthly basis in addition to professional
fees and are due 30 days from the date ofthe invoice.
Fee:$24,400,00
Payment:Lump sum.to be billed on a percentage of completion bases
All other terms and conditions are per the original contract.
Thank you for continuing to consider our :finn for your project.We look foxward to speaking with you
further upon your review of these extra services.
1uly 18,2011
DateMiaLehrer
MLA Green,Inc.,a California Corporation
d.b.a:Mia Lehrer +Associates
Client Date
tel 213 3843844
fax 213 384 3833
3780 Wilshire Blvd.suite 250
Los Angeles,Ca.90010
e-man oftice@mlagreen.com
H-30
EXHIBIT B
Billing Rates
President
Principal
Senior Associate
Senior Technical Designer
Associate
Irrigation Manager
Project Designer
Irrigation Designer
$1901 hr.
$160/hr.
$1251 hr.
$12S/hr.
$1101 hr.
$IIO/hr.
$90/hr.
$90/hr.
IMIA LEHRER I
+associates
lanelscap.archIteoture
President will be billed at $190.00 per hour,Principal at $160.00 per hour,Senior Associate /Senior
Technical Designer at $125.00 per hour,Associate/Irrigation Manager at $110.00,and Project
Designer/Irrigation Designer at $90.00.These rates are subject to increase as of December 31,
2011.
Reimbursable expenses are in addition to f~s for professional services.Direct costs or
reimbursable expenses are billed at cost plus a 15%processing fee.Reimbursable expenses related
to the work of the project shall be billed at cost plus 15%and include the costs of:
A Copies of drawings Including original plots,specification,reports,and estimates;
photographic services,film,and processing,photocopying and photographic reproduction of
draWings and other documents furnished or prepare in connection with the work of this
Agreement.Below is in~house reproduction cost schedule:
8.Sxll
8.5xll
IIxl7
IIxl7
blw 0.10
Color 1.00
b/w 0.20
Color 2.00
Bond
Vellum
Heavy Bond
Photo Paper
1.10 sf
1.60 sf
1.60 sf
3.25 sf
B.Postage,shipping and messenger expenses other than first class mall.
C.Long distance telephone and facsimile transmission charges.
D.All travel outside the Los Angeles local area including taxis,parking,meals.hotel,visas,and
alriare..
E.Parking and mileage costs for meetings and site visits.
F.Fees for consultants as approved In advance by the Client.
G.Presentation quality perspectives or models.
3780 wilshire blvd suite 250 los angeles ca 90010 213 384.3844 tel 213 384 3833 fax office@mlagreen.com email
H-31
",••.••'••;...;.•'.',.,.••>.>;.;.',',..
Attachment
Public Correspondence
...-.;......-.';;.-;;.:..;••....,.;.:,,'.-,...".•.':..:.~>;.:,:>•..','.",'
H-32
From:
Sent:
To:
Subject:
Patti Johnson [ppjpve@aol.com]
Tuesday,september 06.2011 8:50 AM
CC@rpv.com
Dog beach and park
Dear Council Members,
I am in favor of allowing off-leash dogs on the beach near the Trump golf oourse.This
relatively small area would be a wonderful spaoe for the many dogs and their owners on the
peninsula.I am in favor also of a separate dog park on the Peninsula.I hope you will
oontinue to try to work that into the overall plan for the city.
Thank you,
Mrs.Patti'Johnson
Palos Verdes Estates
1
H-33
From:
Sent:
To:
Subject:
Importance:
LYNN SWANK (Iynn.swank@cox.net]
Tuesday,September ee,2011 9:50 AM
cc@rpv.com
CC Agenda Skate/Dog Parks
High
RPV City council Members:
Why?
We know some RPV residents want a skate park.
We know some RPV residents want a dog park.
The recommended consultant has heard this in previous workshops.Residents have voiced
their wants in these workshops.
-Staff already knows that some residents want a skate park or dog park.
Staff knows that there are limited sites available to accommodate these uses.There are
other uses that should be considered at the same time,such as swimming and softball.If
this study is necessary,Why limit it to just a skate or dog park?Are these 2 uses now
the first recreation priority in RPV?
The General Plan,deed restrictions,etc.provide the framework for the broader issue of
land use for active recreation and the city has few options available.
RPV cannot provide all recreation uses that we want and this proposed study only delays
the difficult decision of active park use.We need to tell residents up front that we
can I t do this in RPV even though we may want to.
$24,400 of consultant fees should not be used to placate residents who hope for uses that
we canriot meet or to delay a decision that requires major policy changes.
Please consider these options:
a.Leave the money in the General ll'Und.
b.Use the money for Abalone Cove improvements.Residents have voiced their desire for
some inexpensive improvements such as signage and surveillance cameras and we have worked
with staff to this end.I think we are first in line for this $24,000 because we started
long ago with specific plans.
c.Tell RPV residents that building a skate or dog park in RPV is the Number 1 priority
in RPV and that ~ll available monies will be spent for this purpose.
Please spend our money wisely on a tangible project that residents can see or use now.
Lynn Swank
RPV Residen~
1
H-34
Page10fl
From:carolyn Lehr [clehr@rpv.com]
Sent:Monday,August 22,2011 9:49 AM
To:'Tom Odom';'KatIe Howe'
Subject:FW:Yes for dog park
Follow Up Flag:Follow up
Flag Sta.:Blue
Thank you,
Ca.roo/nr Le:h¥
City Manager
IF City of Rancho Palos Verdes
30940 Hawthorne BlVd.
Rancho Palos Verdes,CA 90215
clehr@rpv.com.(310)544-5202
..
This e-mail message contains information belonging to the City of Rancho Palos Verdes,which may be privileged,confidential
and/or protected from disclosure.The Information is intended only for use of the individual or entity named.Unauthorized
dissemination,distribution,or copying Is strictly prohibited.If you received this email in error,or are not an Intended recipient,
please notify the sender Immediately.Thank you for your assistance and cooperation.
Froml Phyllis WeISsman [maflto:phyIUswelssman@hotman.com]senti Monday,August 22,2011 9:olI6 AM
TOl CC@rpv.com
SUbject:Yes for dog park
It would be great to have the dog park.It would be even greater to have a separate area for large dogs and another
for small dogs.
Thank you,
Phyllis B.Weissman
9/6/2011
H-35
Page 1 of1
From:carolyn Lehr [c1ehr@rpv.com]
Sent:Monday,August 22,2011 9:41 AM
To:'Tom Odom';'Katie Howe'
Subject:FW:Dog Beach at Trump
Thank you,
Car~1I\I Lel1¥'
City Manager
If City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes,CA 90275
clehr@rpv.com·(310}544-5202
This e~mall message contains Information belonging to the City of Rancho Palos Verdes,which may be privileged,confidential
and/or protected from disclosure.The information Is intended only for use of the Individual or entity named.Unauthorized
dissemination,distribution,or copying Is strictly prohibited.If you received this email in error,or are not an Intended recipient,
please notify t~e sender Immediately.Thank you for your assistance and cooperation.
From:Jennifer O1appell [mallto:jc:hapSSOgrnaU.comJ
Bent:SUnday,August 21,2011 8:24 AM
TOI cx:@rpv.com
SUbject:Dog Beach at Trump
I am writing in ~ofchanging existing City policy to allow dogs off-leash at Trump Beach.I believe this is a
terrific alternative to a local dog park fOr a few reasons.
1.ChanJing the regulations at Tromp Beach is an inexpensive way to have a "dog park"which will hopefWly free
up City resources to focus on another proposed project I think our growing families need - a skate park.
2.Tromp beach has unofficially been used in this way for several years,so it wouldn't be a huge transition to
make it official.
3.!fit means the diffenm.ce between a "yes"or "no"vote,I would be in favor ofhaving specific days or hours set
aside to allow dogs off-leash.It is a better alternative than DO spaceltime at all,and I believe.this is something
our Community is lacking.
Thanks for your consideration,
Jennifer Chappc1l
1808 Paseo Del Mar
Palos Verdes Estates,CA 90274
310-418-8280
9/6/2011
H-36
,....:.-;.:..;.'-..:..•:..-.-..:
From:
Sent:
To:
Subject:
Thank you,
carolyn Leh:r
City Manager
carolyn Lehr Iclehr@rpv.com]
Thursday,August 18,20116:27 PM
'Tom Odom';'Katie Howe'
FW:Keep the Beach Dog Friendly
City of &plcho PaloliJ VerdeliJ
30940 Hawthorne Blvd.
Rancho Palolil VerdeliJ,CA 90275
clehrOr,pv.com -(310)544-5202
This e-mail meSliJage contains information belonging to the City of Rancho Palos Verdes,
which may be privileged,confidential and/or protected from disclosure.The information
is intended only for use of the individual or entity named.tJnauthorized dissemination,
distribution,or copying iliJ strictly prohibited.If you received this email in error,or
are not an intended recipient,please notify the sender immediately.Thank you for your
assistance and cooperation.
-----Original Message-----
From:Cindy Blindbury [mailto:cblindburyOcox.net]
Sent:Thursday,August 18,2011 2:48 PM
To:cc4l:rpv.com
Subj ect:xeep the Beach Dog J'riendly
Dear City Council Members,
As a 32 year resident of the peninsula I have been taking my German Shorthair Pointer dogs
to the beach below the Trump National Golf Club for at least 25 of those years (well
before the development of the property)•
In all that time I have not encountered an aggressive dog or a dog fight or any complaints
from other beach goers about Illy dogs being off leash.Most of the people I meet there are
other :reBponsible dog owners who mind their dogs'an pick up after them.Dogs need
liJocialization and exercise and a place where they can expend some energy leash free.
Spend some time down there to see for yourselves how much the dogs enjoy :running,romping,
swimming and playing together.I think the dog owners,myself included,have as much fun
as the dogs do.Since there is no dog park on the Hill and the closest leash free beach
is The cone Zone in south Long Beach,I would very much like to see this area :remain "dog
friendlyll •
Inclosing,I would like to add that frequently after our play time at the beach,we stop
for a bite to eat at the outdoor grill at Trump or other eatery at Golden Cove.It I S a
win win -the dogs have their off lealiJh romp,J:have a great time watChing their
exuberance,and I patronize a local establishment that I may otherwise skip.
'l'hank you for time and consideration with this matter
Sincerely,
Cindy
310-541:'7514
cblindburyOcox
1 ~\
H-37
Page1of2
From:Carolyn Lehr [cJehr@rpv.com]
Sent:Wednesday,August 17,2011 2:45 PM
To:'Tom Odom';'Katie Howe'
Subject:FW:Dog Beach Proposal
Follow Up Flag:Follow up
Flag Status:Blue
Thank you,
CtNr~YlILe:hr
City Manager
Ei City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes,CA 90275
clehr@rpv.com·(310)544-5202
This e-mail message contains information belonging to the City of Rancho Palos Verdes.which may be privileged,confidential
and/or protected from disclosure.The information is intended only for use of the individual or entity named.Unauthorized
dissemination,distribution,or copying is sbictfy prohibited.If you received this email in error,or are not an intended recipient,
please notify the sender immediately.Thank you for your assistants and cooperation.
From:elJzabeth.wlnkoppOus.redbull,com [rnallto:ellzabeth.w1nkopp@us.redbull.c:om]
Sent:Wednesday,August 17,2011 9:11 AM
To:CC@RPV.com
Subject:Dog Beach Proposal
To the RPV City Councll-
I would like to start out by'statlng that I myself am a resident of Rancho Palos Verdes,CA and have frequented the Donald
Trump Golf CosMe beach with my dog during the summer months.
~ough there are many cons to a dog beach,we can also make this a positive experience for everyone!My original home
town.Hollywood FL,has recently opened a dog beach that would be Ideal for RPV.The Florida beach offers "Dog friendly
hOUMa which each person can only bring dogs between the hours of 4-sundown of every day.DUring those hours,there Is a
park ranger that charges each dog a small fee to enter the park.Yearly passes are available and a small discount to city
members Is also provided.The park ranger offers fresh water,cleanup bags,and checks to make sure all of the dogs are up to
date on all shots.(Rabies tags are mandatory In the state of Florida on all pets)
I do not think that taking away the rights of all dog owners to share a spQt with their pets off leash In this area Is right.The
closest dog p~to RPV is in North Redondo,and that area Is usually hard to get to on a weekend morning or after work.I think
that If you take away our dog beach.the dog owners should have a p1ace on the hili to have off leash access.Too many dog
owners will want to take the dogs to the equine trails that I also fi"equent with my horse,which I think would be a huge Isgue that
.916/2011 \or:.""2,...
H-38
.,:...,..:::.;.-.-:.-....
..
could arise and has happened were aggressive dogs have attacked hOrses and riders.
Thank you for your time and consideration.I hope you all have wonderful daysl
Thanks,
Beth Wlnkopp
Rancho Palos Verdes Resident
810.266.7179
Page2of2
9/612011 H-39
Pagelofl
From:Hannah Jackson lhjackson@kuboaa.com]
Sent:Tuesday,August 30.2011 2:33 PM
To:CC@rpv.com;parks@rpv.com
SUbject:Acoess to Beach Below Trump Golf Course
Follow Up Flag:Follow up
Flag Status:Blue
Dear RPV Council,
I am emailing to express my support to keep d1e beach below Tromp golf course open to leash :free dog walking.
My family has lived in RPV for over 20 years,and it is very upsetting to me that over the years this city has become
less and less dog :fi:iendly.This is a beautiful area where we and others enjoy being outdoors WITH our dogs
and living a healthy active lifestyle.Bit by bit fi:eedoms that we have eJVoyed with our dogs have been removed due
to regulations imposed by the city and other non-pet owners..
I urge you to think about d1e dog-owners side ofthis matter and understand that there are no areas around here today
(not that I can think ot)where we can enjoy letting our pets experience a little bit offreedom and interract with other
dogs and play in the ocean.Is there not one little spot ofthe coastline here that we can have access to enjoy with our
dogs?There are so many other cities (although none around here)that understand the joys and benefits to being pet
:fi:iendly.It's upsetting that the place where we love to live has become increasingly intlCX1Dle and less tolerant of
dogs,who also deserve some place to ran and be:free.It's natural and healthy for them and it encourages us to keep a
healthy and active lifesty'le,which I think you will all agree is important.For any ofyou on the council who are not
dog owners,Pd like to explain to you that giving a dog an opportnnity to be free and play in the water is like watching
children running around with :fi:iends on a playground ••.or at the beach.It's a pleasure,a treat and ajoy to be able to
give that to them..
Please please please don't take away the only area that we have left to experience the joy ofletting our dogs be
free ••••and where we can just let them ~oy being dogs.
Sincerely,
Hannah Jackson
310-200-2789
91612011
·:\'.., ,
H-40
page 1 ofl
From:carolyn.lehr@att.blackberry.net
Sent:Monday,August 29,2011 2:23 PM
To:Tom Odom;Katie Howe
SUbJect:Fw:The Beach at Trumps
Sent via BlackBerry by AT&T
From:Pippa Davies <pdavies@k:uboaa.com>
Date:MOD,29 Aug 2011 14:12:21 -0700
To:<cc@rpv.com>;<parks@rpv.com>
Subject:The Beach at Trumps
I am writing in support ofthe use ofTrump Golf Course beach for leash free dog walking.My fiunily and I have
enjoyed over 25 years ofwalking our dogs on the beach and letting them swim and play with other dogs there.It is
the only place left in our area where we have that privelege and to take that away would be devastating to us and
many other people.Dogs need freedom.to run and interact with other dogs and the back yard is simply not enough to
keep them happy,healthy and well-adjusted.Please dont take away their only playground left in RPV.
With respect
Pippa Davies
310-377-3985
91612011
H-41
Page 1 ofl
From:Elisa Tarlow [ellsaellsa@yahoo.com}
Sent:Wednesday,August 31,2011 7:20 PM
To:CC@rpv.com;parks@rpv.com
Subject:Beach by Trump Golf Course
Dear City ofRPV,
I just heard that the city may shut down the dog friendly activities ofthis beach.
I grew up in Palos Vdes and when I was young we would take our dog everywhere without a word,the oliffs,the
.beach,trails,etC.Now,there are very few places where dogs and their families can enjoy themselves together.
Everyone I have seen at the beach ismendly and thoughttbl.The area is not close to houses where it might disturb
someone.Please do not take away the dog :friendly nature ofthis beach.
Thank you for your oonsiderati~
Elisa Tarlow
91612011
H-42
•••-..J ••••:.';:;.;:••••••;.,••,.-••,••
Page I of I
From:.Ellen November [ellen.november@gmall.com]
Sent:Thursday,September 01,2011 8:59 AM
To:Ellen November
SUbJect:Upper Hesse Park
Follow Up Flag:Follow up
Flag Status:Red
Attachments:Upper Hesse OverlayJpg
Spohn Ranch,skateparlc design and development company,was kind enough to give us a rendering/concept drawing
ofwhat a skate plaza would look like at Upper Hesse next to the baseball and soccer fields.Any picnic tables and
BBQs displaced by the plaza could be relocated to the new renovation at Lower Hesse.Any trees that may need to be
displaced can be moved adjacent to the plaza.This rendering represents 10,000 square feet.
I made a trip to Upper Hesse on both Sat.and Sun.oflast week and observed the activity level and noise levels from
a concurrent soccer game,baseball game and picnics with music.It appears that only a few houses are within ear shot
ofthat noise.Since noise travels up,and since there is a berm which blocks offUpper Hesse ftom houses below,this
appears to be an acceptable location for active recreation.
Please feel free to pass this drawing and information on to any vested stakeholders.
My best,
Ellen November
President,Skatepark PV,Inc.
Ellen November
mobile:310-384-6912
9/612011 H-43
..;;,..:~.;;:,;,.'
,'.
H-44
From:
Sent:
To:
Page I of I
Katie Howe
Ellen November [ellen.november@gmail.oom]
Wednesday.August 03,20118:17 AM
Tom Odom;Katie Howe;Carolyn Paddock;Cat Spydell;Charfes Prouse;Chris strong;Jim Parker;Julie Turner;
Kelly Parker;Kodiak Spydell;Lauren Perelmuter;liz Cotton;Paul Galleberg;Shannon Hartman;Susan Seamans;
VinceOnei
Subject:New Skate Plaza In Long Beach
htt,p:lltmohnranph.cmD!wordpress/2011I08/s,pohn-ranch-breaks-gfound-on-long-beach-ealifornia's-first-public=skate-
ll!IHl
Ellen November
mobile:31o-38~6912
91612011
H-45
~reaking Ground on Long Beach's First Skate Plaza I Skatepark Times by Spohn Ranch Page 1 of3
HOi'll OUR
PROCESS
FEATURED
PAlUCS
PARK
OmOHS
MEET
SPOHN RANCH
GatN .
TOUCH
BREAKING GROUND ON LONG BEACH'S FIRST SKATE PLAZA.«BACK TO SLOG HOMI
Augustl,20U
SInce skateboarding first made Itll way to Long Beacl1 In the 197011,local VOIIth have collSlGtenllv ,",Mod a
reputallcn for approaching skateboarding with an unmlstllkable level or _Ion and commitment.Taking a
stand against tha loc:lal and oQQllQmlc lrBues that chaUenged their delly IMis,the ekaterG or Long Beech hove
whotehoartedlV embreced skateboarding -both al a vehicle for br1nglng people together and liS a way to
malnlaln II positive,healthy IIrestVle.
Wllh II background story this Inspiring,!pabn Randllll proud III honor the spirit or Long Ilaadl ekamboardlng
WIth the design and constructlan or the CIty's most Vibrant and well-rounded fadlltV III dille.The p.qect was
also dlosen as the TonV Hawk Foundation's spotlight PI'CIect or the year,with a "Stand Up For SkateParks"event'
held In 0Ct0bar to raISe addlttonal fUnds for the park.
Twitter
RT @dsflnk:Good looks
to Spon Ranch for thelr
skatepark deslgn on the
barge for the Red Sull
MIssissippi Grind
I/tmlssgrtnd •
ht!;p:IIt,co u,
:lOl.t/O~/OZ
Archives
September 201 ,
FtbDIIQl2QU
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_ber 2Q'O
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Stptembor 201Q
AYOUGt2Ql0
As we approached the deSIgn phaae or the project,our goal wes to crute Long Beach's llrIt true skale plaza.
More than just anOther place 10 ride,we Wlnted to _te an .ngaglng public ,pace thet woUld resemble en
urban streelSClpe end give local ekaterG a sanae of p!aCll end commvDItV,Puttlng ourselves In the mlnd or an
average Long Bellch skater,we a.ked _Ivell,"What would It take to Cl'Ute a park that _lei kelP me
excited to _e beck hera every elngle dIl~·,
.1'nuu:v 201.0
Dcq!mbcr 2QQ!l
Ngytmbcr2QOi
Qctober 20Q9
$eptllmber 2OO!!
FeIUlJfUYUOI
lIOU,,,,2QDfJ
A dflSe up vieW of the pam's entrall<le
Qpmber2QOB
Npyembtr 20M
QcloIw2QQRRanllttlngtoday's modem style or skateboarding,this 9,000 squal'1l foot design focuses less on tredlttonal
\..,_.........._..''''''''-.,...------~.."..'_._--2 o~L.t
http://spohnranch.com!wordpress/2011/08/spolJn..ranch-breaks-ground-on-long-beach-califomia's-
H-46
,....;..';..;.;.":.•.;.;.:.,.;-....•.;."',.....
~eaking Ground on Long Beach's First Skate Plaza I Skatepark Times by Spohn Ranch Page2of3
ramps.bowls and half-pipes and aUDCllles more space towards features one would find In a CX)mmQD ""'an
setting -benches,stairs,handrails,etc.A few 01'the main attrlbules 01'this lIeslgn Include:
•ADA aa:uslble entrance
•Ile-aeatlons 01'the Imnk:Belmont Plaza planters,which were demolished a few years prior
•strong ~lance between featu ...c1enslty and opan space,gIVIng sklIters plenty of options wlthO\It negatively
impacting tmflIc flow patterns
•Landscllpelilrea In the center 01'the park which brllaks up the monotony of a Single explinse of concrete
and allows U$'"occupy the entire site without going beyond the budget
The fa,med Selmont 1'IlJolfn dildo,their /1Iat days
By fer the most compeUlnll and slgl\ll'l_aspect of this design Is the inclUSIon Of the 1et\:er$'UlC"In the banked
well.By /ncreaslng the width ofthis l'eature.we were eble to sat these IellJer-lhen-llfe letters Into the piece and
allow them to lisa up out of the park1 WIth.sculplural quality not foUnd In any other sketepark,these letters
singlehanded II'elevate this skatepark to iconiC proportions.
A dose up vIeW of the PlItIc's "LIJC"laters
When this skatepark BppealS In professlona'mllllaZlnes,V1decs and lceal user YOIITube vldl!D$,these/elters will
bacome an InstantlV I'llCD\InlZllbie symbol Of Long Besch's dedICation to quality skateboarding tocIlItlU.
Empowerlnllthe /DCllI sketers with the knowledlle and prldethat thill'mmmunttv Is special,these lillters wlU
further unU.Long Beach's sketers and cement the C1ly's place In skateboarding historY.
AugUS200ft
categories
S!<lltllpml<t;pnsIn,e:tfQo
SlaleMrI<Design
~
liP""a'PrQIe!:I:i
UnrMell'ltlDd
Blogroll
.ActIon pari<AJU"OQl-
SkAteR"""MlID8QMlunt
AnnMba flQundlltillD
Tmw HD.FQtmtlatiOD
,Posted In Slal!!mlrl<O>n&tnl!:tign,Ska!:cpllrls Deslgn
http://spohmanch.comlwordpress/2011/08/spohn-ranch-breaks-ground-on-long-beach-cali:fomia'~-
H-47
I:}reak:ing Ground on Long Beach's First Skate Plaza I Skatepark Times by Spohn Ranch
You ClIn fonow .ny responses to tills entrY through 1II.R$$2 AfM4 You asn !elY!!•lMpODft,or IlICIlIlill*
frOm your own slte.
PageS ofS
Comments (1)~(3)
LeIIY••ClDmmellt
(substrfbfl to comments on IhIs post)
http://spolmranch.comIwordpressl2011/08/spobn.ranch.breaks-ground·on-long-beach-california's-H-48
Page 1 ofl
From~Ellen November [e1len.november@gmall.coml
Sent:Tuesday,September 06,2011 4:05 PM
To:Douglas stem;Anthony Misetlth;Brian campbell;Steve WolowlCZ;tom.long@rpv.com
Cc:clehr@rpv.com;Tom Odorn;Katie Howe;Susan Seamans;Chris Strong
Subject:For Your Review
Counoilmen and Staff:
Here is a link to a video montage,four minutes,that we put together showing various skate park:opening day
messages.It is four minutes worth watching.
httg:/lwww.youtube.comIwatch?v=k7ugKAQuIPM
I want to thank all ofyou for taking the skatepark project to the point it is now at.I understand that you will be
approving the funding for the Mia Lehrer study.
We also understand that the next step will be a bus trip to view every possible location along with the cities ofRHE,
PVE and the PVPUSD,aU stakeholders and aU with suitable land,
With RPV having two-thirds ofthe Hill's population and land,it does make sense that RPV would be the most
appropriate city for the use ofpubic land for a parklplaza•.
I have given staff a list ofall posSlole locations and the criteria by which a skatepark site would be judged.One
example is that landfill is not appropriate.You cannot pour cement on unstable land,it would not be pmdent.
Again,thank you for your direction on this project and for your awareness ofthe diverse ages and interests ofour
population.Today,I can do almost any popular sport in the City ofRPV,safely and legally.Skateboarding,the third
most popular sport for youth today,is not a sport I can practice safely or legally today,
In appreciation,
Bllen November
President,Skate,park PV,Inc.
Bllen November
~obne:310·384-6912
91612011
H-49
Page 1 ofl
From:mjcasaburi@aol.com
Sent:Tuesday,September 06,2011 1:39 PM
To:CC@rpv.com;carolynn@rpv.com;staff@rpv.com
Subject:Dog &Skate Parks on Tonight's Agenda 9/6/11
Dear Council and City Staff,
I attended the recent meeting at Ladera Linda featuring City Manager Carolyn Lehr,and 2 of her Parks
a~d Recreation people,regarding Ladera Linda's future.The Impression that I left with was that there
were no real plans for anything particular in Ladera Unda's future,but that both a skate park and/or a
dog park were really not appropriate uses of the land.
Both require accessibility ...Ladera Linda is rather remote from most of the RPV populatlon.The idea of
driving a vehicie from far poinmof the peninsula solely to walk one's dog seems like an expensive (gas)
waste of time for the majority of ~V residents.People living nearby.can already walk their dogs in and
around the area (and reportedly do a lousy job of cleaning up after their dogs!).There was discussion of
the very successful Dog Park in Redondo'Beach (along 19Oth)...a location that thousands of people
pass several times a day &hundreds have easy walking access to (not just Redondo Beach residents).It
Is always seems full of dogs.It Is also located on sort of an Island fanned by streets on all four sides and
power lines overhead ...it does not encroach on wild lands,homes or a possible (If they would come
back)Montessori School.•
As for a skate park ...again,It Is much too remote a location.It Is not near any kind of a gathering spot
for youngsters (who would use It the most).It was poInted out that most successful skate parks are
located In somewhat commercial areas (where kids congregate and can get drinks,etc),or near schools.
Most kids Who would use a skate park are too young to drive ...the nearest Intermediate school Is
Mlraleste which Is approximately 5 miles away (up or down the switchbacks).And,as I pointed out,
Forrestal Or.Is much too tempting a ride for skateboarders ...and would absolutely be deadly sooner or
later.An example of a very welkun,popular skate park Is that of Hennasa Beach,located just off Pier
Ave one block ocean ward of PCH.It Is very centrally located,safe and well-staffed.
Thank you for your attention,
Mary Casaburl
3941 Palos Verdes Dr.So.
Rancho Palos Verdes,CA 90275
310544-6014
9/6/2011
H-50
From:
Sent:
To:
Cc:
SUbJect:
Importance:
L.Bilski Pdb910@lntergate.com]
TUesday,September 06,2011 1:58 PM
CC@rpv.com
Carolynn Petru;Idb910
CC 9/06 Agenda ...skatelDog Parks Study-Consent Calendar Item F
High
Sept.6,2011.
Consent Calendar Item F
'1'0 Mayor Long and City Councilmen Campbell,Misetich,Stern,Wolowicz:
I am opposed to an expenditure of $24,4000 of city funds for a skate park/dog park study
when the city/public already has most of the answers.
Is this study necessary?
Why limit this to just skate/dog parks use?
RJ?V already had community outreach meetings for Lower Hesse Park and Grandview Park and
heard from the community and city staff about skate and dog parks.
Ladera Linda Community Center does not meet the criteria for skate park use according to
'!'om Odom1s statement at the Aug.15th LLCC OUtreach mtg.Knowing all this,is a $24,400
study needed to "study".'
LLCC as a dog park site???'
An unnecessary expense since the Council has already allocated CIP funds for a Master
Plan for the Ladera Linda site.
Please keep this $24,400 in the General Fund and DO Not Approve the staff recommendation
to fund this agreement with Mia Lehrer &Assoc.
"If the Council does not wish to pursue a skate park or dog park within the City,then
there is no need for this contract.1I is misleading.
WJ¥l.t is wished for is not necessarily what is feasible.
Perhaps the Council needs to acknowledge to all that not all
recreational use requests can be accommodated within the city limits.
RPV only has so much unrestricted public land.There are 3 other cities and LA County
land on the Palos Verdes Peninsula.RPV should not pay for a recreational study for land
use in other jurisdiotions as indicated in this agreement.
(ref.staff report pg.P-22,F-23 of 25 Tasks 1.2,4.3)
Please do not spend the city'S money on this study.
Thank you.'
Len6e Bilski
~"__•M _
This message was sent using IMP,the Internet Messaging Program.
1
H-51
Page 1 ofl
Katie Howe
From:Reception [Reception@rpv.com]
Sent:Thursday I September 01,2011 11:11 AM
To:'Katie Howe'
SUbject:Brock -Supports
Follow Up Flag:Follow up
Flag Status:Blue
Gwen Brock is an RPV resident of 41 years and has been waiting for a dog park for years.She's very unhappy that there is no
place that is legal for her to take her service dogs to go play fetch.She feels that there should be a place other than the beach
as well,but at least the beach should to be open to dogs.
9/14/2011 H-52
.~"..:..,:,.,::',.:;:,;,..;.,.•,;:-;''.
Dog friendly areas
Katie Howe
From:Blair Van Buren [BlairVB@afn-net.com]
Sent:Thursday,September 08,2011 3:35 PM
To:cC@rpv.com;parks@rpv.com
Cc:Krishna Faia Van Buren
Subject:Dog friendly areas
Page 1 of1
There are so few dog-friendly beaches.Please let the beach below Ocean Trails I Trump National Golf course,remain a dog-
friendly beach.
In addition,Sacred Cove.which is quite secluded and relatively difficult to access for the public.should remain dog-friendly as
well..
Certain communities,like Ocean Beach in San Diego,have successfully managed and even promote and market their dog-
friendly beach areas with positive impacts to the residential and business interests around,AS WELL AS for the pets and
people.
Please do not take away this freedom and this benefit from RPV.
Sincerely.
Blair &Krishna Van·Buren
34 Cinnamon Lane
RPV
9/14/2011 H-53
Page 1 ofl
Katie Howe
From:Elisa Tarlow [eJisaelisa@yahoo.com]
Sent:Wednesday,August 31,20117:20 PM
To:cc@rpv.com;parks@rpv.com
Subject:Beach by Trump Golf Course
Dear City ofRPV,
I just heard that the city may shut down the dog friendly activities ofthis beach.
I grew up in Palos Verdes and when I was young we would take our dog everywhere without a word,the cliffs,the
beach,trails,etc.Now,there are very few places where dogs and their families can enjoy themselves together.
Everyone I have seen at the beach is friendly and thoughtful.The area is not close to houses where it might disturb
someone.Please do not take away the dog friendly nature ofthis beach.
Thank you for your consideration,
Elisa Tarlow
9/14/2011 H-54
From:Joel Rojas [mailto:joelr@rpv.com]
sent:Thursday,september 01,201110:57 AM
To:'Elisa Tarlow'
Cc:'Carolynn Petru';'Carolyn Lehr';'Tom Odom'
Subject:RE:Beach by Trump Golf Course
Dear Elisa
You email was received by the City's Planning Commission which is not involved with the
decision on this issue.Thus,I have forwarded your email to the City Manager's office and the
Recreation and Parks Department.
Joel Rojas
From:Elisa Tarlow [mallto:elisaelisa@yahoo.com]
sent:Thursday,September 01,201110:48 AM
To:pc@rpv.com
SUbject:Beach by Trump Golf Course
Dear City ofRPV,.
I just heard that the city may shut down the dog friendly activities ofthis beach.I grew
up in Palos Verdes and when I was young we would take our dog everywhere without a
word,the cliffs,the beach,trails,etc.Now,there are very few places where dogs and
their families can enjoy themselves together.
Everyone I have seen at the beach is friendly and thoughtful.The area is not close to
houses where it might disturb someone.Please do not take away the dog friendly nature
ofthis beach.
Thank you for your consideration,
Elisa Tarlow
H-55