20111115 Late CorrespondenceTO:
FROM:
DATE:
SUBJECT:
HONORABLE MAYOR &CITY COUNCIL MEMBERS
CITY CLERK
NOVEMBER 15,2011
ADDITIONS/REVISIONS AND AMENDMENTS TO
AGENDA**
Attached.are revisions/additions and/or amendments to the agenda material presented
for tonight's meeting:
Item No.
E
2
3
4
5
6
7
Description of Material
Replacement page E-16
Answers to questions posed by Councilmember Wolowicz
Email from Mayor Pro Tem Anthony Mistetich;Answers to questions
posed by Mayor Pro Tem Misetich
Answers to questions posed by Councilmember Wolowicz;Revised
Agreement
Semi-Final Official Election Results as of 11/14/2011
Revised Conservation Easement Deed
Staff Report/Memorandum
Respectfully submitted,
~.~~
Carla Morreale
**PLEASE NOTE:Materials attached after the color page were submitted through
Monday,November 14,2011**.
W:\AGENDA\2011 Additions Revisions to agendas\20111115 additions revisions to agenda.doc
o City has adopted the following license fees:
Altered Dog $Altered Cat $._
Unaltered Dog $Unaltered Cat $ _
Senior*Dog $Senior*Cat $ _
$$---
*Senior age is defined as __years.
Delinquency Charge =$__
Delinquency Charge applies after:_days.
Field Enforcement Fee $(licensing initiated in the field).
Current license fees adopted by the City on ,20__
Please attach a copy of the enacting license ordinance.
Part Six:Animal Regulations/Enforcement (required if the Department performs
field services)
o
City of Rancho Palos Verdes
__________"20__
Page 6 of 6
E-16
RANCHO PALOS VERDES
MEMORANDUM
TO:
FROM:
COPY:
DATE:
SUBJECT:
Joel Rojas and Leza Mikhail
Steve Wolowicz
Carolyn Lehr
November 15,2011
CC meeting 11/15/11 -item #2 -Request for waiver of fees
QUESTIONS AND COMMENTS:
.
Joel and Leza,
Please help me with these few questions on this agenda item:
1.Is the $25,000 waiver for all of the future fees,and if that is exceeded do they
propose to make payments in excess of that amount?
Our understanding is that the $25,000 waiver request would include the current
approximate $7,000 waiver request along with all future fees up until the $25,000
amount is exceeded.However,Staff is suggesting that if the Council is inclined
to approve the $25,000 waiver that it be limited to planning application fees (not
B&S or consultant fees)and to a 4-year time frame.
2.This appears to be precedent setting.Due to the sensitivity of gifting public funds
can you briefly tell us about any similar fee waivers for other non-profit entities
(local churches,community-benefit entities,etc.)which have occurred in the
past.What is the likelihood of other similar requests in the future?
Staff is not aware of any previous application fee waiver request for such a high
amount or any fee waiver request for unknown applications in the future.The
request is also unique in that it is a non-profit requesting the waiver of application
fees related to an improvement to their facility whereas similar organizations who
have made improvements to their facilities (churches and The Salvation Army)
have paid the required application fees.
Page 1 of2
Carla Morreale
From:
Sent:
To:
Carol W.Lynch
Tuesday,November 15,2011 9:07 AM
'Carla Morreale';
Cc:'Carolyn Lehr';'Teri Takaoka'
Subject:FW:Item #3
Carla:
I am forwarding to you an email that I received last night from Mayor Pro Tem Misetich regarding
Agenda Item #3.He would like to have this sent to the Council as late correspondence.As you can see,I
am sending it to the Council now so they can read it ahead of time.Please include it in the packet of late
correspondence that is delivered to the Council this evening.
Thank you,
Carol
From:Anthony Misetich [mailto:anthony.misetich@rpv.com]
Sent:Monday,November 14,2011 9:51 PM
To:Carol W.Lynch
Subject:Item #3
Can you pass this onto the council in a manner that consistent with late correspondence.
I have read the staff report for item #3 and since I will not be at tomorrow night's council
meeting I would however like to pass on my thoughts.First of all,it is important that this
program be based upon a performance and results criteria and is not the sort of program that
pays out bonuses without any accomplishments.I believe that this program meets that test.
Secondly,I want to see that the program is audited at its conclusion each year in order that
results are measurable and and can be verified.While I don't recall requesting specifically for a
financial/accounting specialist to perform the audit,I did expect that the results would be
evaluated/audited by a third party to be consistent with transparency.I can also understand
the cost concern regarding an independent audit as my goal was not to transfer savings
from this program to administration costs for verification.The third party verification by Leibert
Cassidy With more for this year's audit/verification meets this expectation in my opinion.Third,
items #1,3,6,7,8,lD,11,13, 15,17 were savings items that met my expectation as the hard
savings or efficiencies that I was looking for.This totaled $251,269 which slightly exceeded
staff's stretch goal.I would have also included item #16,however I believe staff should
have included some bids from independent contractors to meet the transparency requirement
for this item.Once bids that verify this are compared,then this item can also in my opinion be
included as part of staff's accomplishment.
Can this program be improved for the future?Yes.City management needs to articulate staff's
.goals to the council by mid year so that staff,and the council are on the same page at the
11/15/2011
3
Page 2 of2
conclusion of the annual program.Also guidelines for verification and auditing should go through the
same of up front mutual consent.It is my hope is that this program will continue to evolve in the
future into a more effective tool for efficiency,motivation and savings.
Thank you,
Anthony Misetich
Mayor ProTem
NOTICE:This communication may contain privileged or other confidential information.If you are not
the intended recipient of this communication,or an employee or agent responsible for delivering this
communication to the intended recipient,please advise the sender by reply email and immediately delete
the message and any attachments without copying or disclosing the contents.Thank you.
11/15/2011
Page 1 0£2
From:Carolyn Lehr [clehr@rpv.com]
Sent:Tuesday,November 15,20111:14 PM
To:anthony .misetich@rpv.com;mizie@cox.net
Cc:'Kathryn Downs';'Dennis McLean';'EricMausser';'Carolynn Petru';'Carla Morreale'
Subject:FW:PVDS Landslide Road Shoulder Butteress Project
Attachments:PV Drive South Slide Area.pdf
Anthony,
As promised,I am forwarding to you the additional documentation pertaining to the cost
savings estimate submitted by Ron Dragoo as part of the Employee Performance
Incentive Program.The distribution of the performance bonuses is on the Council
agenda this evening,and you specifically had a question about verifying the claimed
$210,000 savings as a result of Public Works'negotiating with Portuguese Bend Club
for soil rather than importing a.
The email below is Ron's explanation of how he obtained the estimate of $210,000 that
he first submitted for the program several months ago,along with additional estimates
that he sought today at my request-to provide further verification.You can see that
Ron's entry was a "low ball"estimate of the cost savings,as evidenced by the fact that
the subsequent estimates he obtained today would show savings of $450,000 or even
much higher,due to more realistic hauling rates.
You indicated that this is the only question you had and that otherwise you were in favor
of Council approving the program at the meeting tonight,noting that the program can be
further improved this next year.I will include this information in Late Correspondence.
Thank you,
Ccuro0Jvv LeJut-
City Manager
LJ'4 City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes,CA 90275
c1ehr@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.
11/15/2011
Page 2 of2
Tom
Following is a summary of my efforts to provide an estimate to quantify the cost savings associated with cost of
the soil needed to buttress PVDS in the landslide,I contacted Ed Zuniga of EZ Hauling in San Pedro to obtain a
ballpark estimate back in February or March of this year.The discussion as I recall included the distance trucks
would need to travel from Manhattan Beach to PVDS and the cost of purchasing the soil (which would be
equivalent to the cost of loading the dump trucks).The Contractor and I agreed that the estimated saving on
trucking of at least $5.00 per cubic yard was a conservative number and would be at least the minimum savings
the City received -he thought the actual cost would be higher but did not have time to calculate it for me.
Knowing this estimate was being compiled after the fact and also understanding the cost of trucking would be at
least $5.00 per cubic yard,I felt comfortable using this number in determining my estimate of savings.
As a check to the number reported earlier this year,I contacted the City's Maintenance Contractor Hardy &
Harper,and Mike Drews Construction Inc..I asked that they provide budgeting estimates for the trucking.Hardy
and Harper estimated the cost of loading the dirt into trucks and dumping it at the site would cost $135 per truck
(each truck can haul 12 yards of dirt).Accordingly,Hardy and Harper estimates the cost of trucking would be
$11.25 per yarq (estimate attached).Mike Drews was able to provide a verbal estimate today for the trucking
cost.He calculated the dirt would cost about $25 per yard to truck from Manhattan Beach to PVDS.
Ron Dragoo,P.E.
Senior Engineer
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes,CA 90275
(310)544-5253 Office
(310)544-5292 FAX
11/15/2011
ardy &Harper,ln(.
~~~
1312 E.WARNER AVE.
SANTA ANA,CALIFORNIA 92705
(714)444-1851 F.xI7141444-2801
STATE LIC.NO.215952
ATTN:RON DRAGOO
CITY OF RANCHO PALOS VERDES
30940 HAWTHORNE BLVD.
RANCHO PALOS VERDES:::A 90275
Proposal #:51 083
Page 1 of2
MEMBER OF:
Associated General Contractors of America
Tustin Chamber of Commerce
Better Business Bureau
Date:
11-15-2011
Job Name I Location:
P.V.DRIVE SOUTH (SLIDE AREA)
We propose to furnish required labor,material and equipment to perform the following described work in a good and workman-like manner.
BUDGET PRICING:
1)LOAD FROM STOCKPILE DIRT IN MANHATTAN BEACH AREA,HAUL TO P.V.DRIVE SOUTH (SLIDE AREA)
AND DUMP 40,000 CY APPROX 3330 (12)YO LOADS @ $135.00 I LOAD
EXCLUSIONS:GRADING &COMPACTING DIRT ON DUMPING END
NOTES:
1.BID BASED ON COMPLETE TRUCK ACCESS ON BOTH ENDS.
Please initial the options you are accepting.L.1_T_o_t_a_l_p_ro_p_o_s_a_I_A_m_o_u_n_t_:T_B_D_I
This proposal is a two page agreement and is SUbject to all Terms and Conditions on Page 2.
HARDY &HARPER INC.
Owner or Contractor (Title)
By:
Name of Lender Steve Kirschner
(NAME)
Estimator
(TITLE)
ardy &Harper,Inc.
~~~
1312 E.WARNER AVE.
SANTA ANA,CALIFORNIA 92705
(7141444.1851 Fax \7141444·2801
STATE LIC.NO.215952
ATTN:RON DRAGOO
CITY OF RANCHO PALOS VERDES
30940 HAWTHORNE BLVD.
RANCHO PALOS VERDES::;A 90275
TERMS AND CONDITIONS OF CONTRACT:
Proposal#:51083
Page 2 of2
MEMBER OF:
Associated General Contractors of America
Tustin Chamber of Commerce
Better Business Bureau
Date:
11-15-2011
Job Name I Location:
P.V.DRIVE SOUTH (SLIDE AREA)
In this agreement Contractor means Hardy &Harper,Inc.and owner means owner and/or any gereral contractor and/or agert or owner.This is a
proposa per owner's request,not a complee property evaluation.
1.Standard Exclusions:Engineering,Soils Test,Permits,Compaction Test and/or Inspection Fees .unless nded.
2.Prices are firm for thirty(30)days rom the date ofthe proposal unless otherwise staed.
3.Owner agrees to indemnify contractor from any clam or suit for bodily injury or property damage arising from the design construction or installation
of speed bumps or wheel stops.
4.Any changes required by owner shal be authorized in lIriting and pad by owner at contracto~s prevailing rates unless quoted and agreed upon
in writing.
5.Owner agrees to furnish to jobsite necessary and adequate waer supply at owner's expense.
6.Contractor assumes no liability for damage to underground pipes,septic tanks,cesspools or otha-underground strudures;and any extra expense
caused by the cortractor by the existance or location thereof shall be charged to buyer.
7.Owner agrees to pay atbrney's and court costs in event suit is instituted to collect amounts due contractor.
8.If work is performed according to owne~s spedfications of labor and materials,contractor does not assume responsibiily for the defects.
9.If work is to be performed by contractor to provide labor and maerial in a workmanlike manner to accomplish the owner's purposes,contractor
agrees to repair or replace any defects of which owner gives notice to contractor within 5 days afBr compleUon of work.
10.Delays or damage caused by buitling trades other than contractor not empbyed by cortractor,shall be owner's responsibility.
11.Contractor shall be responsible for clean-up and removal of contractor's work and materials only.
12.If asphalt compaction tests are required bycustomer or agency,these must be performed while asphalt is being laid.Tests performed at a later
date are not an acceptable method,and we assume no responsibility for those resulls.
13.Contractor is not responsible br proper drainage if grade is less than 1%.
14.Grades are to be furnished plus and mhus one enth(.10)of a foot with dirt to balance.
15.Jobsite must be acessable to heavy equipment
NOTICE IS HEREBY GIVEN THAT WORK AND MATERIAL FURNISHED BY CONTRACTOR MAY SUBJECT THE PROPERTY ON WHICH SAID
WORK IS PERFORMED TO THE LIEN LAWS OF THE STATE OF CALIFORNIA PURSUANT TO SECTION 1193 OF THE CODE OF CIVIL
PROCEDURE OF SAID STATE.CUSTOMER ACKNOWLEDGES THAT HE HAS RECEIVED A LEGIBLE COPY OF THIS TWO PAGE PROPOSAL.
Payment in full upon completion or it is agreed that 1%per month will be charged when account becomes overdue.
RANCHO PALOS VERDES
MEMORANDUM
TO:Dennis McLean
FROM:Steve Wolowicz
CC:Carolyn Lehr
DATE:November 15,2011
SUBJECT:CC meeting 11-15-11 -item 4 -IT contract with PVNET
QUESTIONS AND COMMENTS:
Dennis,
A few questions
1..Is it common for cities to have such programs with outside service
companies that are so woven into the systems (is there too much
dependence on one service entity)?
Examples include the "Consultant"provides day to day email services and
GIS using its own server.
Staff Reply:
The IT systems of most California cities are maintained by employees,with
certain segments outsourced (e.g.website services and video on-demand
services).Contract cities manage their IT systems with a staffing mix,ranging
from some internal staffing v.complete outsourcing.Notwithstanding the
successful delivery of services by PVNET,Staff believes that succession
planning and the consideration of possible alternatives (a revision of the IT
strategy)is essential.
However,with competing demands of the implementation of the IT Plan
approved by the City Council on November 1,2011,Staff encourages that the
next revision of the IT strategy be deferred until implementation of the IT Plan is
nearly completed in 2012.The IT Plan includes the transfer of email services to
the City.The migration from 14 servers to a virtual server and storage system,
the heart of the IT Plan,is expected to centralize the management of the IT
System.Staff expects that best approaches for the IT strategy,including staffing
v.outsourcing,will evolve with greater clarity during the implementation of the IT
Plan.
2."PVNET also manages the delivery of public telephone and Internet
services provided to City."Does this place undue dependence outside the
City?
Staff Reply:
Page 1 of 2
W:\Computer Network\2011 PVNET Agreement\20111115 SR Professional Technical Services Agreement -PVNETlcc meeting 2011 11-15 #4 contract
RPVNET.doc 11/15/11 3:49 PM
The physical connectivity with service providers of the public telephone system
and Internet are beyond the technical skills of staff;therefore,are best performed
by PVNET,the service providers and the City's telephone system contractor,
currently NexuslS.Staff does manage the selection of service providers,as well
as service options available to the City.
3.Given the close and long-term relationship between the City and PVNET
would can there be periodic reviews by independent consulting firms to
assess the services and level of reliance?
Staff Reply:
As you will recall,Management Partners conducted a comprehensive review of
the City's IT System in 2008.Dyntek,a multi-nation IT consulting firm,
conducted an independent review of the IT Plan approved by the City Council on
November 1,2011.Dyntek will monitor the implementation of the IT Plan.
A periodic independent review of the IT System,including PVNET's support of it,
is prudent.The City Council could direct staff to have Dyntek,or another
qualified IT consulting firm,to conduct an independent review.
4.Minor dollar amount,but there is a $12,000 difference between the
$270,000 cited on page 4-1 and the total of the monthly amounts
($282,000)on pages 4-5 and Exhibit D schedule of fees (page 4-32).
Staff Reply:
You are correct.I'll clarify during my presentation tonight.
Page 2 of 2
W:\Computer Network12011 PVNET Agreement120111115 SR Professional Technical Services Agreement -PVNETlcc meeting 2011 11-15 #4 contract
RPVNET.doc 11/15/11 3:49 PM
Professionall Technical Services Agreement for Services
Regarding the Information Technology System of the City of
Rancho Palos Verdes
Between
Palos Verdes on the NET,Computer Technology Center,a
California nonprofit public benefit corporation
("CONSULTANT")
&
The City of Rancho Palos Verdes
I o~U
THIS AGREEMENT ("Agreement")is made and entered into this 15 th day of November,
2011 by and between the City of Rancho Palos Verdes (hereinafter referred to as the
"CITY")and Palos Verdes on the NET,Computer Technology Center,a California nonprofit
public benefit corporation (hereafter referred to as "CONSULTANT").
IN CONSIDERATION of the covenants hereinafter set forth,the parties herefo agree
as follows:
ARTICLE 1
SCOPE OF SERVICES
1.1 Description of CITY'S Information Technology System
The CITY'S information technology system is described in the attached Description of the
CITY'S Information Technology System (see Exhibit "A")which is attached hereto and
incorporated herein by this reference.
1.2 Description of Services
CONSULTANT shall provide all services necessary to operate and maintain CITY'S
Information Technology System,or any modifications made to it,in accordance with
information technology industry·best management practices,in accordance with the
attached Scope of Services (see Exhibit "8")and Service Level Addendum (see Exhibit
"C"),both of which are attached hereto and incorporated herein by this reference.
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.
1.3 Use License
CONSULTANT has developed proprietary computer programming codes used in
connection with various software,inclUding,but limited to,Microsoft SOL,Cold Fusion and
Java Script,which are operating on severs owned by CONSULTANT and utilized in the
delivery of services to CITY,including,but not limited to,website services,the Listserver
system,the emergency notification system,the Emergency Incident Management System,
the GIS System and the Inventory Management System.CONSULTANT retains
ownership of such proprietary computer programming codes and grants a user license to
CITY for these codes and programs provided by CONSULTANT during the term of this
Agreement.
R6876-0001\1407945v1.doc
ARTICLE 2
COMPENSATION
Page 1 of 10
-Z 0((-"Z-~
R6876-0001 \1407945v1.doc
2.1 Fee
CITY agrees to compensate CONSULTANT in accordance with the attached
Fee Schedule (See Exhibit "0"),which is attached hereto and incorporated herein by
reference for the services that are described in Article 1..
2.2 Payment Address
All payments due CONSULTANT shall be paid to:
Palos Verdes on the NET
30940 Hawthorne Boulevard
Suite 101
Rancho Palos Verdes,CA 90275
2.3 Terms of Compensation
CONSULTANT shall submit monthly invoices for services performed 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 or 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 may be terminated by CONSULTANT without liability to
CONSULTANT upon ten (10)working days advance written notice to CITY.
2.4 Additional Services
CITY may request additional specified work under this Agreement.All such
work must be authorized in writing by the CITY's Director of Finance and Information
Technology prior to commencement.
2.5 Term of Agreement
This Agreement shall commence November 15,2011 and shall terminate on
December 31,2013 unless sooner terminated pursuant to Article 4 of this Agreement.
Additionally,there shall be an option to renew the Agreement for an additional year with
the mutual written consent of both parties.
Page 2 of 10
')or<-z,cS
ARTICLE 3
INDEMNIFICATION AND INSURANCE
3.1 Indemnification
CONSULTANT shall defend,indemnify,and hold the CITY,its officials,
officers,employees,agents and independent contractors serving in the role of CITY
officials,and volunteers (collectively "Indemnitees")free and harmless from any and all
claims,demands,causes of action,costs,expenses,liabilities,losses,damages or injuries,
in law or equity,to property or persons,including wrongful death (collectively "Claims"),in
any manner arising out of or incident to any acts or omissions of CONSULTANT,its
officials,officers,employees or agents in connection with the performance of this
Agreement,including,without limitation,the payment of all consequential damages,
attorneys'fees,and other related costs and expenses,except for such Claims arising out
of the sole negligence or willful misconduct of the Indemnitees. With respect to any and all
such Claims,CONSULTANT shall defend Indemnitees at CONSULTANT's own cost,
expense,and risk and shall pay and satisfy any judgment,award,or decree that may be
rendered against Indemnitees.CONSULTANT shall reimburse Indemnitees for any and all
legal expenses and costs incurred by each of them in connection therewith or in enforcing
the indemnity herein provided.CONSULTANT's obligation to indemnify shall not be
restricted to insurance proceeds,if any,received by CONSULTANT or Indemnitees.All
duties of CONSULTANT under this Section shall survive termination of this Agreement.
3.2 General Liability
CONSULTANT shall at all times during 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 ofthis 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:VII or better.
3.3 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.
3.4 Worker's Compensation
Page 3 of 10
R6876-0001\1407945v1.doc
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.
3.5 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 for.ce 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
and pay,at CONSULTANT's expense,the premium thereon.
3.6 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.
3.7 Primary Coverage
The insurance provided by CONSULTANT shall be primary to any coverage
available to CITY.The insurance policies (other than workers compensation)shall include
provisions for waiver of subrogation.
ARTICLE 4
TERMINATION
4.1 Termination of Agreement
(a)This Agreement may be terminated at any time,with or without cause,
by the CITY upon ninety (90)days prior written notice or by CONSULTANT upon one-
hundred eight (180)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 shall be paid an amount
equal to the percentage of services performed prior to the effective date of termination or
Page 4 of 10
R6876-0001 \1407945v1.doc
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
Except as set forth in Exhibit A,Part 2,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 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.
Except as set forth in Exhibit A,Part 2,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-
R6876-0001\1407945v1.doc
Page 5 of 10
\0 of e.-~
infringing while remaining in compliance with the requirements of this Agreement.This
covenant shall survive the termination of this Agreement.
Upon termination of this Agreement,CONSULTANT shall deliver to the CITY
all Written Products and other deliverables related to this Agreement 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 Finance and Information
Technology or his or her designee,and the CONSULTANT representative shall be Ted
Vegvari,or his designee.These individuals shall be the primary contact persons for the
parties regarding performance of this Agreement.
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 12940-48),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,et seq.).
6.3 Personnel
CONSULTANT represents that it has,or shall secure at its own expense,all
personnel,who shall be technically skilled and proficient,required to perform
CONSULTANT's services under this Agreement.CONSULTANT shall make reasonable
efforts to maintain the continuity of CONSULTANT's staff who are assigned to perform the
services hereunder.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.
CONSULTANT represents that CONSULTANT has conducted security background
investigations of all associates or employees or subconsultants who are retained by
CONSULTANT to perform its services under this Agreement.
6.4 CONSULTANT's Representations
CONSULTANT represents,covenants and agrees that:a)CONSULTANT is
licensed,qualified,and capable offurnishing the labor,materials,and expertise necessary
to 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
R6876-0001\1407945v1.doc
Page 6 of 10
(of-L~
limit or prevent CONSULTANT's full 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 of this 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
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 than 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
representatives with 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
Page 7 of 10
R6876-0001 \1407945v1.doc
R6876-0001\1407945v1.doc
do so.Such persons and entities include,but are not necessarily limited to,specialized
consultants,and testing laboratories.CONSULTANT's use of subconsultants for additional
s~rvices 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 CITY as an agent.CONSU LTANT 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
required taxes on amounts paid to CONSULTANT under this Agreement,and to indemnify
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 regarding the services provided by CONSULTANT to CITY 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
Page 8 of 10
q o-t-2-5
resolved by any rules of interpretation providing for interpretation against the party who
causes the uncertainty to exist or against the party who drafted the Agreement or who
drafted that portion of the Agreement.
6.12 Non-Waiver of Terms.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.
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:
Responsible Person:
Dennis McLean,Director of Finance and Information Technology
CITY of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes,CA 90275
To CONSULTANT:
Responsible Person
Ted Vegvari,Director
Palos Verdes on the NET
30940 Hawthorne Boul.evard
Suite 101
Rancho Palos Verdes,CA 90275
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Page 9 of 10
(0 6~1-~
-
IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of
the date and year first above written.
Dated:_
Dated:_
ATIEST:
By:_
CITY Clerk
APPROVED AS TO FORM:
By:__=----------
CITY Attorney
Palos Verdes on the NET
("CONSULTANT")
By:_
Ted Vegvari
Director
CITY OF RANCHO PALOS VERDES
("CITY")
By:----------
Mayor
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Page 10 of 10
II 0(:-c>
Exhibit "A":Description of the CITY'S Information Technology System
The CITY'S Information Technology ("IT")system is an array of data,video and voice
information systems,operating with devices like servers,cabling,routers,switches,
fi rewa lis ,desktop and laptop computers,printers,scanners,phone handsets and
commercially licensed software that enable access to the City Hall network,other park
sites,the public switched telephone network system and the world via the Internet.Most of
the IT system currently resides at the City Hall premises,while some equipment is in use at
Pointe Vicente Interpretive Center ("PVIC"),the RPVTV studio,Hesse Park and Ladera
Linda.All CITY-owned equipment is in the possession of CITY pursuant to the
recommendation made by Management Partners in their 2008 IT study.Palos Verdes on
the NET ("PVNET"and also referred to as "CONSULTANT"),the CITY'S IT advisor,owns
and manages certain hardware and software (see IT Systems Owned by CONSULTANT
later in this Exhibit)used to deliver services to CITY.
PART 1.IT System -Owned by CITY
The following is an overview of the IT System by category:
Communication -Voice.email and the website
CITY installed a Cisco voice over Internet protocol ("VOIP")system for phone call
management and voice messaging in 2002.The warranty and support of the Cisco VOIP
system is provided by NexuslS.PVNET provides on-demand assistance to support the
Cisco VOIP,including,but not limited to,the day-to-day management of the NexuslS
relationship on behalf of CITY.PVNET also manages the delivery of public telephone and
Internet services provided to CITY.A few CITY owned cell phones are used by field
personnel.
Desktop computers
CITY owns desktop and laptop computers used by staff and independent contractors to
provide services to CITY'S residents.Some desktop computers are dedicated for use at
public counters to serve residents and members of the public.Some desktop computers
are used by part-time staff and docent volunteers in park site offices.Most of the desktop
computers are running on the Microsoft ("MS")XP operating system and the Office 2003
productivity software suite.Certain desktop computers have Adobe Photoshop,Ascent for
computer aided drafting ("CAD"),Google Earth Pro,Cognos and Crystal report writer
software and MS Project to improve work productivity.
Data services
CITY staff and independent contractors use the following data systems in delivery of
services to CITY'S residents:
Acella (a/kla Tidemark)permit tracking -CITY owns the server and licenses the Acella
permit tracking system used by the Community Development Department for managing the
building permit process.The system was acquired in 2001 and is expected to be replaced
with a new ERP system,SUbject to a future recommendation to the City Council and their
t 2-D~'l-5"
approval.
Laserfiche Document Mahagement System -The Office of the City Clerk is beginning the
implementation of the Laserfiche electronic document management system.The system
will establish a secure,reliable system for electronic document management of critical
CiTY documents and eventually reduce paper files.
Sungard accounting and business licensing -CITY owns the server and licenses the
Sungard accounting and business license system that runs on a legacy IBM platform.CITY
has retained the Government Financial Officers Association ("GFOAn
)to support the
replacement of the current system with an integrated Enterprise Resource Planning
("ERP")system that would improve services with electronic processes (ex.facility rental,
permit tracking,project management and scheduling).CITY Staff expects to make a
recommendation for the replacement ERP in early 2012.
Enterprise ProjectIWork Management ("EPM")Live project management -With the
support of PVNET and EPM,the Public Works Department has been implementing the
EPM Live system for project management.EPM Live operates on a MS SharePoint
platform that provides collaboration and process development running on a dedicated
server owned by CITY.The EPM Live application allows engineers and other project
managers to customize their data set and track project chronology,milestones and cost
data.
ADP Payroll-CITY utilizes the web hosted payroll services provided by ADP to fulfill the
CITY's payroll needs.The CITY's plan is to continue using ADP in the future to assist in
compliance issues with regard to new laws that affect payroll.
CoreLogic parcel data services -CITY staff and independent contractors utilize CoreLogic
for accessing current parcel ownership information,including lot parcel shape files,
easements and zoning data.
Cougar Mountain -Software that is used for point-ot-sale and inventory management at
PVIC.Staff expects that this software will be replaced with the acquisition of the ERP
system.
Video services
Telvue -Provides support for the digital broadcasting system used by RPVTV.
Additionally,RPVTV utilizes several CITY owned digital cameras and desktop computers
for the production and broadcast of CITY'S programming and videos.
IT Infrastructure
(Prior to Implementation of the IT Infrastructure Plan Approved by the City Council
on November 1,2011)
Servers -Most ot CITY'S IT Infrastructure is operated at the City Hall facility.A
temperature controlled room stores a rack of dedicated servers that operate the voice and
data systems.Currently,fourteen (14)dedicated servers are used to access the network,
Exhibit "An
R6876-0001\1407009v1.doc
:.:.:.:.:.:.:.:.:.:::.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.::.:.:.:.:.:.:.:.:.:.:.:.:.::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::;:;:>:::;:;:;:;:::;:;:;~:;.::::.::.::::;:;:;:;:;:;:::::;:;:::;:::::::::::::::::::::::::::::::::::::;:;:::::::::;:::::::;:;:::::::;:;:::;:::::::::::);:::;::}:;:::::;}.:{:;:;:;/~;;.:::;::.::::/{::::::::;:::::::::::::::.:':.:.
store work product data files operate the phone and voice messaging systems.
Applications,including the Sungard accounting and licensing system,the Acella permit
tracking system,the Public Works EPM Live project management systems,the
LaserFische document management system,are operated with dedicated servers on the
CITY'S IT System.Additionally,dedicated servers manage access to all printers,create
and broadcast RPVTV programming and remotely monitor the health and security of the
entire IT system.One of the goals of the IT Infrastructure Modification Plan (the IT Plan")
approved by the City Council on November 1,2011 is to combine the operations Of nearly
all of the dedicated servers on to a virtualized high availability (redundant)server
config uration.
In addition to the dedicated Acella,Laserfiche,EPM and Sun Gard servers described
above,CITY owns the following servers:
Primary Server -The primary server provides 1.8 terabytes of magnetic drive media used
to store all data created and utilized by CITY staff and independent contractors on a day to
day basis as well as electronic data received from outside sources.Files are stored in
organized directories.Access to files is based on each individual staff member's level of
authority.The Director of Finance and Information Technology,or designee,sets the
policy regarding.USer rights that are followed by the server "Administrator".Based on
policy,user's accounts are created by the Administrator and each user is granted rights
and privileges to network resources governed by the rpv.com Active Directory on the
primary server.AU authorized network users are providedwith a basic set of standardized
drive mappings,space for their files,and access to specific data as directed by the
Director of Finance and Information Technology,or designee,in collaboration with
Department Directors.In addition,each department,and in some cases,individuals,have
unique configurations,specialized software,and access rights which require individualized
manag.ement and specialized support.Complete primary network server data backups are
stored offsite with Iron Mountain and one set of backups are on site.Offsite storage media
is rotated on a weekly basis.
Back-up server -The backup server for has 4 hot swappable hard drives.The Microsoft
Windows bac.kup utility makes a backup of all RPV data on the servers every weekday.
The current week's back-up drive gets swapped out every Friday and a spare drive gets
put in its place.The week's backup drive goes to a secure off-site storage location.
Emergency Backup server -This Windows 2003 Server is an offline backup server to be
used to restore data from offsite removable drives in the event of a primary data server
failure or other catastrophe.This server is part of a "KIT"which includes all the necessary
components to quickly deploy a fully functional emergency network in any location that has
useable electricity.This system is setup and tested quarterly to confirm that it is functional.
This server is locked in a watertight storage box at a remote site under CITY'S control.
Certain City staff and IT staff have physical access to this system.PVNET staff performs
system upgrades when necessary.Fall back and restoration options are incorporated into
the process.Mirrors are stored,and complete data backup is performed prior to any major
software upgrade.
FTP server -The EPM Live (described above)and FTP operate on a virtualized server.
Exhibit "A"
R6876-0001\1407009v1.doc
The FTP server enables secure uploads and downloads of large files between CITY staff,
independent contractors and third party vendors and consultants.
Network Monitoring Server -This system is used to monitor availability of network services
for desktop PC's and servers and the Cisco VOIP operating on the CITY'S IT System.The
system uses IPSwitch WhatsUp monitoring software.The system emails PVNET staff
when equipment outages occur and keeps records of uptime.
PVIC Server -This server supports the entire Point Vicente Interpretive Center,staff and
volunteers.The server works in conjunction with two cashiering stations to handle all
accounting and point of sales needs for the PVIC store.The server also acts as a file
server and print server for PVIC network workstations and printers.The server is backed
up nightly by the data Backup Server located at City Hall.The facility has in place the
cabling to support video broadcasting and additional communications via fiber to the City
Hall Campus.
Local area network -As described previously,staff,independent contractors and the public
connect to the IT system using software installed on desktop and laptop computers,phone
handsets and mobile devices that are connected to servers through firewalls via switches,
routers,cabling over the City Hall network or the Internet or public telephone system.The
City Hall internal segment of the IT Infrastructure operates at about IGBPS speed.
Access to the Internet and other facilities -Users of the City Hall IT Infrastructure access
the Internet with 3MBPS of bandwith;although it is expected to be upgraded soon to as
much as 150MBPS of bandwith,with significant cost savings.PVIC is directly connected
to the CITY Hall IT Infrastructure with a fiber cabling strung along utility poles between the
two facilities.Hesse Park is connected to the Internet with 1MBPS of bandwith,however,
soon to be upgraded to 3MBPS of bandwith.Free wireless access is prOVided to the public
at PVIC and City Hall by PVNET.Free wireless is provided at Hesse Park by CITY.
SonicWALL NSA E7500 high availability firewall -The CITY acquired a SonicWALL NSA
E7500 high availability firewall in 2009.The SonicWALL protects the IT System from
external extrusions,enable secure connection between the CITY'S and PVNET's IT
Systems and maintains redundant operations to avoid failure.
(After the Implementation of the IT Infrastructure Plan Approved by the City Council
on November 1,2011)
On November 1,2011,the City Council approved the IT Infrastructure Plan (the "IT Plan").
As described in the staff report,dated November 1,2011,the IP Plan will be implemented
in phases over the next six months as follows:
1)Phase 1 (1 st month):Purchase and execution of MS enterprise-wide license and
software assurance agreements,followed by phased software and hardware
deployment;
2)Phase 2 (1 st -3 rd month):Migration of dedicated application servers to a
Exhibit "A"
R6876-000 1\1407009v1.doc
virtualized high availability (redundant)server configuration with the purchase of a
Dell virtual machine ("VIM").The Dell VIM will be clustered together to enable
access to users at 'all times with no chance of downtime.The Dell VIM includes (3)
three PowerEdge R71 0 servers,(2)two PowerConnect 6224 Switches and (1)one
P6000E storage array;
3)Phase 3 (3 rd month):Replacement of the Cisco call manager server and software
in conjunction with the migration from the Cisco voice messaging system (commonly
known as the City's Cisco voice over Internet protocol phone system)to MS
Exchange and Lync unified (voice,video conferencing and email)communication
system.The upgrade was approved by the City Council in 2010.However,Staff
deferred the upgrade to enable integration with the Dell VIM;and
4)Phase 4 (4th -6th month):Replacement of about 60 desktop computers.
PART 2.IT Systems Owned by CONSULTANT
R6876-0001 \1407009v1.doc
PVNET owns and maintains twelve (12)servers in the delivery of website,email,video-on-
demand and GIS services to the CITY.
Communication -Voice.email and the website
Listserver System -PVNET developed and grants a user license to CITY for the operation
of the Iistserv system that is used to notify residents and other members of the public.The
web-based system enables staff to access the system from their desktop or laptop
computers.
Emergency Notification System and Breaking News System -PVNET developed and
grants a user license to CITY the operation of these systems which are used to send
emergency email and text notifications messages to residents.The web-based system
enables staff to access the system from their desktop or laptop computers.
Data services
Geographic Information System ("GIS")mapping -PVNET provides GIS (mapping)
services to the CITY using state-of-the-art software that PVNET licenses running on its
own dedicated server.However,the CITY owns all GIS aerial pictometry,videos and data
files used in the management of CITY'S infrastructure,project management and public
presentations.
Emergency Incident Management System -PVNET developed and grants a license to
CITY the use of the Incident Management System that would be used during an
emergency event that requires deployment of CITY'S Emergency Operations Center
located in the Community Room at City Hall.The web-based system enables the data
entry and process management of each incident reported (Le.road closure,structure fire,
utility failures,injuries),including prioritization and action required through resolution of
Exhibit "A"
l~tJr;...--zS
each incident and the emergency event.
Inventory Management ~ystem -PVNET developed and grants a license to CITY the use
of the Inventory Management System that is used to track asset inventory,location of the
asset,and its disposition.The web-based system enables staff to access the system from
their desktop or laptop computers.
Video services
Real and MS Media Player -PVNET owns and maintains a video server and software that
enables on-demand video viewing of archived City Council and Planning ComITJission
meetings that are linked to staff reports and select CITY events over the Internet.CITY
owns the video files.PVNET developed and grants a license to CITY the use of the video
linking system.
R6876-0001\1407009v1.doc
Exhibit "A"
l7 err 2.-5
R6876-0001\1407945v1.doc
Exhibit "B":Scope of Services
General Services
CONSULTANT shall provide all necessary services to maintain CITY'S IT System.
CONSULTANT will provide necessary technical staff people on-site at CITY'S City Hall
location,or CONSULTANTS facility located adjacent to City Hall during CITY'S normal
business hours in its delivery of Help Desk,Server &IT Infrastructure,Website,Email and
GIS services.CONSU LTANT shall charge CITY for Help Desk,Server &IT Infrastructure,
Website,Email and GIS services in accordance with the Fixed Monthly Fee Rates in
accordance with Exhibit "0"-Schedule of Fees.
CONSULTANT shall be "on-call"24/7 to restore any operation of CITY'S IT System that
experiences "emergency"failure,deemed "emergency services"in the sole discretion of
the Director of Finance and Information Technology,or the Director's designee.
CONSULTANT shall charge City for after-hours emergency service in accordance with the
emergency rate set forth in Exhibit D.CONSULTANT shall also provide non-emergency
services after CITY'S business hours as agreed to by CONSULTANT and approved by
CITY's Director of IT Services,in accordance with the after hours/emergency rate set forth
in Exhibit D.
Help Desk Support Services
CONSULTANT shall provide day to day user support of the IT System during CITY'S
business hours as requested by Staff in accordance with the Fixed Monthly Fees set forth
in Exhibit "0".Help Desk Services shall include,but not be limited to,support,
maintenance and repairs of hardware and software,printers,faxes,desktop computers,
laptops and mobile devices that are a part of the CITY IT System.
Server &IT Infrastructure Support Services
CONSULTANT shall provide day to day server &IT Infrastructure support ofthe IT System
during CITY'S business hours in accordance with the Fixed Monthly Fees set forth in
Exhibit "0".Server &IT Infrastructure Support Services shall include,but not be limited to,
support,maintenance and repairs of hardware and software,servers,switches,routers,
gateways,firewalls,connections to public telephone system and Internet service providers
that are a part of the CITY IT System.The cost of all hardware and software,owned by
CITY,including replacement or repair thereof,shall be paid for by CITY.
Website Support Services
CONSULTANT shall provide website services,including,but limited to,web hosting,
functional and content management,a Iistserver system that includes text messaging,non-
emergency public reporting system,live streaming of City Council meetings,video on
Exhibit "B"
I 8 ot:--7-5"
R6876-0001 \1407945v1.doc
demand viewing of past City Council and Planning Commission meetings linked to each
respective staff report and related documents,presentation of each staff report and related
documents for every committee and commission,a Breaking News and news scroll on the
Main Page in accordance with the Fixed Monthly Fees set forth in Exhibit "0".
Email Services
CONSULTANT shall provide day to day email services using its own server and software in
accordance with the Fixed Monthly Fees set forth in Exhibit "0".Email services shall
include,but not be limited to,support and maintenance of hardware and software and
providing connection to CITY'S Internet service providers,firewall and anti-spam devices
that are a part of the CITY IT System.Upon completion of implementation of IT Plan,
CONSULTANT will no longer provide email services to CITY and monthly fee shall be
terminated.
GIS Serv(ces
CONSULTANT shall provide GIS services using its own server,storage and software.GIS
Services shall include,but not be limited to,incidental alterations or modifications to data
provided by external sources to be added to the GIS system,delivery of GIS data to CITY
staff or any 3rd party authorized by CITY,providing CITY staff and independent contractors
desktop and laptop computer access to GIS system,support to CITY staff and independent
contractors,and providing connection to CITY'S IT System in accordance with the Fixed
Monthly Fees set forth in Exhibit "0".
Additional Services
All emergency services,services performed after normal CITY business hours and
additional services that are not specified herein,as authorized in writing by CITY'S Director
of Finance,shall be charged to CITY in accordance with the Hourly Rates for after hours
and emergency services set forth in Exhibit "0"-Schedule of Fees,included in this
Agreement,except for services provided during a disaster declared by the CITY or for
services provided when the CITY'S Emergency Operations Center has been deployed as
described immediately below.
Services Provided During a Disaster Declared by the CITY or for Services Provided When
the CITY'S Emergency Operations Center Has Been Deployed
Upon request by CITY,CONSULTANT shall participate in the disaster operation conducted
by CITY,a disaster declared by the CITY and/or the operation of the CITY'S Emergency
Operations Center when it is deployed.CONSUTANTS services shall include,but not be
limited to,configuration of the emergency IT system,support of the Incident Management
System provided by CONSULTANT,support of the GIS system provided by
CONSULTANT and any other reasonable request made by CITY.CITY shall pay
CONSULTANT for these services at the regular hourly (non-emergency)rates set forth in
Exhibit "0".
Additional Help Desk &Server &IT Infrastructure Support Services
Exhibit "B"
It'!0"l.5
R687S-0001\1407945v1.doc
CONSULTANT shall provide Additional Help Desk Support and Server &IT Infrastructure
Support Services as requested by CITY,including,but limited to:(1)Attendance at
meetings as requested by CITY,(2)citywide installation and upgrade of operating systems,
service-packs,patches,fixes,firmware &user productivity software suites to desktop
computers,laptops,servers and other software and hardware of IT Infrastructure owned by
CITY,(3)department-wide and/or citywideremoval and re-installation of IT equiprr:tent and
other advisory services as mutually agreed to,(4)assistance with remote configuration and
set-up for audio/video production of a City Council meeting or other civic event (Le.remote
set up for a City Council meeting using portable audio/video equipment at PVIC),(5)
training,and (6)services agreed to between CONSULTANT and CITY.All such services
shall be preceded with an estimate of time and fees in writing and must be approved in
writing by the City's project manager or Director of Finance &Information Technology.
CITY shall pay CONSULTANT for these services at the regular hourly (non-emergency)
rates set forth in Exhibit "0".
Additional Website Support Services
CONSULTANT shall provide Additional Website Services as requested by CITY,including,
but limited to:(1)major functional or content management modifications of the website that
are directed by CITY that require more than 20 hours work performed by CONSULTANT
(NOTE:this does not include day-to-day minor modifications to website resulting from new
projects,initiatives,events,etc.),(2)graphic design services (Le.PowerPoint
presentations,graphic presentations)that are not customary day-today website services
and exceed 4 hours of service per incident)and (3)coordination of audio/video broadcast
of meetings.CITY shall pay CONSULTANT for these services at the regular hourly (non-
emergency)rates set forth in Exhibit "Oil.
Additional Email Services
CONSULTANT shall provide Additional Email Services as requested by CITY,including,
but limited to:Services requested by the City in conjunction with providing email
information upon request (Le.public record requests,litigation).CITY shall pay
CONSULTANT for these services at the regular hourly (non-emergency)rates set forth in
Exhibit "0".
Additional GIS Services
CONSULTANT shall provide Additional GIS Services as requested by CITY,including,but
limited to:(1)Services requested by the City for the development of new layers,necessary
services to correct,alter or modify data provided by external sources to be added to the
GIS system,(2)development of presentation materials from the GIS system in excess of 4
hours,(3)printing charges based upon a fee schedule mutually agreed to by CITY and
CONSULTANT,(4)attendance at meetings as requested by the City,(5)services
requested by the City pursuant to GIS License Agreements to provide the transfer of GIS
data in excess of 4 hours of service per incident,(6)advisory services requested by the
City.CITY shall pay CONSULTANT for these services at the regular hourly (non-
emergency)rates set forth in Exhibit 110 11
•
Exhibit uB"
'2-e>or;;'Z >
Exhibit "C":Service Level Addendum
1 Introduction
1.1 Information Technology Support Group
Under the supervision of the Director of Finance and Information Technology (the
"Director"),the Information Technology Support Group (IT "Support"),including
the Director,or any staff assignee,and professional technicians of PVNET,
manages the entire IT System of CITY.IT Support installs,administers and
maintains the CITY'S IT System,including users and departmental processes
that use it.The purpose of this Service Level Addendum (SLA)is to provide an
understanding between IT Support and users with an overview of support that
will be.delivered for each type of request.
1.2 Service Standards and Service Level Addendum
Service standards and SLAs attempt to establish the terms,conditions and
expectations between IT Support and each department within the CITY.They
define:
•The services to be provided by IT Support;
•The availability of those services,and;
•The terms and provisions defining the relationship between IT Support and
each department within the CITY.
2 General Provisions
2.1.1 Purchasing
All purchasing of CITY software and hardware shall be centralized with the
Department of Finance and Information Technology to ensure that all
applications conform to CITY software standards,integrate into the CITY'S IT
System,are purchased at the best possible price and are provided in the budget.
The Department Director,or a project manager designee,will work in conjunction
with IT Support to evaluate the software and hardware under consideration.
Requests shall be made by electronic mail to support@rpv.com,including
general specifications,a detailed description of the process that will utilize the
software and hardware,identification of the source of approved bUdgeted funds
and additional information (Le.software and hardware vendors under
consideration,make and models,vendor contact information),that is pertinent to
the evaluation.
2.1.2 Licensing
The maintenance of software and hardware licensing shall be the responsibility
of the Department of Finance and Information Technology.No employee,
Exhibit "C"
''2-(or;..,-5
Exhibit "e":Service Level Addendum
contractor or volunteer shall install software and hardware on to the CITY'S IT
System,without the approval of the Director.Unless otherwise provided in the
applicable license,notice,contract,or agreement,any duplication of copyrighted
software,except for backUp and archival purposes,may be a violation of federal
and state law.In addition to violating such laws,unauthorized duplication of
software is a violation of the CITY's user policy..
2.1.3 How To Reach IT Support (Help Desk)
To obtain support services,users should contacts IT Support in the following
manner:(a)bye-mail (support@rpv.com);(b)in the event the service request is
an emergency or if email is not working,PVNET at 310-541-7992;or (c)in the
event the service request is an emergency and PVNET is not available,Dennis
McLeqn,the Director of Finance &IT at 310-874-7649 and Kathryn Downs,
Deputy Director at 310-544-5216.
2.1.4 Priority One (Urgent)
Priority One (Urgent)-All urgent user requests,including,but not limited to the
following criteria:
a)Multiple Workstations unable to work normally;
b)Business Critical Network Applications down (Ace II a permit tracking or
Laserfiche document management);
c)Finance Applications;
d)Unified communication,including email and voice;
e)Widespread loss of access to the IT System;
f)Widespread loss of access to the Internet;
g)Widespread loss of access to IT System file storage;and
h)Printing problem effecting Multiple Users.
IT Support will provide immediate acknowledgement to user and timely attempt
to restore access to IT System.IT Support shall strive to provide no less than 2-
hour resolution when possible.
2.1.5 Priority Two (High)
Priority Two (High).-All high-priority user requests,including,but not limited to
the following criteria:
a)User is unable to log on to Workstation,(account is locked,doesn't know
PW);
Exhibit "e"
'1..-'2 0 r;-7 ...''>
Exhibit "e":Service Level Addendum
b)Mission Criticai application affecting one user.(Account related);and
c)User's desktop or laptop computer is locked,workaround not available.
IT Support will provide immediate acknowledgement to user and timely attempt
to restore access to IT System.IT Support shall strive to provide no less than 4-
hour resolution when possible.
2.1.6 Priority Three (Medium)
Priority Four (Medium).-All high-priority user requests,including,but not limited
to the following criteria:
a)User request for enhancement.(e.g.,sound card);
b)Account modificat!on (application,mail,network);
c)Any service requests not impacting production.(PC move,training);and
d)Scheduled events.
IT Support will provide same day acknowledgement to user and timely attempt to
satisfy user req uest as ag reed to.
2.2 Provisions For Service Level Addendum
IT Support will work to ensure reliable and predictable PC and network services
with availability during typical working hours and an expectation of reasonable
availability of services at all other times.Downtime is a reality and sometimes a
necessity for modern systems.IT Support will ensure acceptable functionality for
critical business functions at the time(s)these resources are required.
Business hours are Monday through Friday,7:30am to 5:30pm.All requests for
service are to be timely replied to by IT Support during this period.IT Support
agrees to support all authorized CITY workstations and peripherals (monitors,
printers)and all authorized departmental software installed on CITY-owned
computers.The SLA does not include support for non-standard applications or
non-standard hardware.
The City Manager,or authorized designee,reserves the right to continuously
audit the use of the IT System for adherence to the above-mentioned guidelines,
as well as all other policies,procedures and guidelines establishing its use and
administration.
Exhibit "C"
'2?<>~7.5
Exhibit "C":Service Level Addendum
2.3 Services Not Included Under The Service Level Addendum
2.3.1 Non Standard Software
IT Support will not provide support for:
a)Internet browser software other than Internet Explorer;
b)Screen savers;
c)Internet mail engines (Hotmail,Gmail,etc.);
d)Internet radio stations;
e)Unlicensed products (Le.pirate software);
f)Hardware and/or software not approved by the Director and/or Department
Director;
g)Games (local or Networked);and
h)Additions or modifications to CITY'S systems that compromise system
security or integrity of the CITY environment.
2.3.2 Non Standard Hardware
IT Support will not provide support for:
a)Any non-departmental owned equipment
b)Unlicensed products
c)PDA hardware without consent of Director and Department Director
d)Personal printers
e)Web cameras
f)Zip drive
g)Additions or modifications to CITY'S IT System that compromise system
security or integrity of the CITY environment.
Exhibit "C"
z-1(i)~75"
Exhibit "0":Schedule of Fees
Fixed Monthly Fees for the following services performed during normal City
business hours:
Help Desk Services:
Server &IT Infrastructure Support Services
(Before implementation of IT Plan):
Server &IT Infrastructure Support Services
(After implementation of IT Plan):
Website Services:
Email Services
(Before implementation of IT Plan):
$11,500/month
$2,800/month
$2,OOO/month
$4,OOO/month
$1,500/month
Email Services
(After implementation of IT Plan):$O/month
GIS Services:$a,OOO/month
Hourly Rates for services other than those specified above:
Ted Vegvari
Other Technical staff
Emergency and after CITY business hours
$
$
$
55/Hour
40/hour
75/hour
This Schedule of Fees does not include a provision for annual consumer price
index increases for any fees during the Term of the Agreement.
SEMI-FINAL OFFICIAL ELECTION RESULTS
RANCHO PALOS VERDES CITY -COUNCILMEMBER
SUSAN BROOKS
JERRY DUHOVIC
JIM KNIGHT
DAVEEMENHISER
KENDYDA~
DORA M DE LAROSA -
ERIC ALEGRIA
CYNTHIA SMITH
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VOTE FOR NO MORE THAN 3
JERRY DUHOVIC NP 3,943 17.63
DAVE EMENHISER NP 3,032 13.56
DORA M DE LA ROSA NP 2,672 11.95
CYNTHIA SMITH NP 447 2
Last Updated:13:50 11/14/2011
November 8,2011 -Los Angeles County Local &Municipal Consolidated Elections
5
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
Palos Verdes Land Conservancy
916 Silver Spur Road,Suite 108
Rolling Hills Estates,California 90274
Attn:Ms.Andrea Vona
[Space Above For Recorder's Use Only]
APN:
Recording
Fee:Exempt pursuant to California
Government Code Section 27383
CONSERVATION EASEMENT DEED
(Including Third Party Beneficiary)
[THIS CONSERVATION EASEMENT DEED REPLACES AND SUPERSEDES IN ITS
ENTIRETY THAT CERTAIN [CONSERVATION EASEMENT DEED]RECORDED AS
INST~UMENT NO.IN THJ;::OFFICIAL KE(Q.I3,!?-S OLl.l)~LAJ':~LQ_ELEs...
COUNTY1...
THlS CONSERVATION EASEMENT DEED ("Easement")is made this _
day of ,20_,by the CITY OF RANCHO PALOS VERDES,a California
municipal corporation ("City"or "Grantor"),in favor of THE PALOS VERDES PENINSULA
LAND CONSERVANCY,a California nonprofit public benefit corporation ("Conservancy"or
"Grantee"),hereinafter collectively referred to as the "Parties,"with reference to the following
facts:
REC IT A L S:
A.City is the owner in fee simple of certain real property located in the City of Rancho
Palos Verdes,County of Los Angeles,State of California,and more particularly
described in Exhibit 1,which is attached hereto and incorporated herein by this reference
(the "Property").
B.The Property possesses wildlife and habitat values (collectively,"conservation values")
of great importance to Grantor,Grantee,the State of California,Department of Fish and
Game ("CDFG"),and the people of the State of California.
1167575.7
{Formatted:Left
{Formatted:English (U.S.)
C.The Property provides high quality habitat for the California Gnatcatcher,the Coastal
Cactus Wren,the EI Segundo Blue Butterfly and the Palos Verdes Blue Butterfly and
contains Coastal Sage Scrub Habitat ("CSS").
D.Grantee is authorized to hold conservation easements pursuant to Civil Code
Section 815.3.Specifically,Grantee is a tax-exempt nonprofit organization qualified
under Section 501(c)(3)of the Internal Revenue Code of 1986,as amended,and is
qualified to do business in California,which has as its primary purpose the preservation
of land in its natural,scenic,and open space condition.
E.CDFG has jurisdiction,pursuant to Fish and Game Code Section 1802,over the
conservation,protection,and management of fish,wildlife,native plants and the habitat
necessary for biologically sustainable populations of those species,and CDFG is
authorized to hold easements for these purposes pursuant to Civil Code Section 815.3,
Fish and Game Code Section 1348,and other provisions of California law.
F.The California Department ofFish and Game,the United States Fish and Wildlife
Service,the City of Rancho Palos Verdes and the Palos Verdes Peninsula Land
Conservancy have been in the process of finalizing the Natural Communities
Conservation Plan for the City ("NCCP").The property that is subject to this
Conservation Easement is to be enrolled in the NCCP Preserve.Exhibit 2,which is
attached hereto and incorporated herein by this reference, sets forth activities and projects
that may be undertaken by the parties hereto on the Property.
G.The recordation of this Conservation Easement on the Property provides mitigation for
certain impacts of the proposed projects that are identified in the NCCP,which are to
occur within the City of Rancho Palos Verdes,County of Los Angeles,State of
California.
H.Grantee agrees by accepting this grant to honor the intentions of Grantor stated herein to
preserve and protect in perpetuity the conservation values of the Property in accordance
with the terms of this Conservation Easement.
COVENANTS,TERMS,CONDITIONS AND RESTRICTIONS
For good and valuable consideration,the receipt and sufficiency of which is hereby
acknowledged,and pursuant to California law,including Civil Code Section 815,et seq.,Grantor
hereby voluntarily grants and conveys to Grantee a conservation easement in perpetuity over the
Property.
1.Purposes.The purposes of this Conservation Easement are to ensure the Property
will be retained forever in its natural condition and to prevent any use of the Property that will
impair or interfere with the conservation values of the Property.Grantor intends that this
Conservation Easement will confine the use of the Property to such activities that are consistent
with those purposes,as set forth herein,including,without limitation,those involving the
preservation,restoration and enhancement of native species and their habitats.
810965.4
2.Grantee's Rights.To accomplish the purposes of this Conservation Easement,
Grantor hereby grants and conveys the following rights to Grantee and to CDFG as a third party
beneficiary of this Conservation Easement:
(a)To preserve and protect the conservation values of the Property;
(b)To enter upon the Property at any reasonable time in order to monitor
compliance with and otherwise enforce the terms of this Conservation Easement,and for
scientific research and interpretive purposes by Grantee or its designees and CDFG or its
designees,provided that neither Grantee nor CDFG shall unreasonably interfere with Grantor's
authorized use and quiet enjoyment of the Property;
(c)To prevent any activity on or use of the Property that is inconsistent with
the purposes of this Conservation Easement and to require the restoration of such areas or
features of the Property that may be damaged by any act,failure to act,or any use that is
inconsistent with the purposes ofthis Conservation Easement;
(d)To use all mineral,air and water rights necessary to protect and to sustain
the biological re,sources of the Property;and
(e)All present and future development rights for residential,commercial and
industrial projects,which are allocated,implied,reserved or inherent in the Property;such rights
are hereby terminated and extinguished,and may not be used on or transferred to any portion of
the Property,nor any other property adjacent or otherwise.
3.Prohibited Uses.Any activity on or use of the Property that is inconsistent with
the purposes of this Conservation Easement is prohibited.Without limiting the generality of the
foregoing,the following uses and activities by Grantor,Grantor's agents,and third parties,are
expressly prohibited:
(a)Except as permitted in Exhibit 2,unseasonal watering;use of fertilizers,
pesticides,biocides,herbicides or other agricultural chemicals;weed abatement activities;
incompatible fire protection activities;and any and all other activities and uses which may
adversely affect the purposes of this Conservation Easement;
(b)Use of off-road vehicles for recreational purposes and use of any other
motorized vehicles except on existing roadways;
(c)Agricultural activity of any kind,except that grazing is permitted if done
in accordance with a CDFG-approved grazing or management plan;
(d)Recreational activities that would adversely affect the purposes of this
Conservation Easement,such as hunting or fishing,except recreational uses that can be
conducted in a manner that is consistent with the purposes of this Conservation Easement may be
specifically permitted under this Conservation Easement;
(e)Commercial or industrial uses;
810965.4
(t)Any legal or de facto division,subdivision or partitioning of the Property;
(g)Construction,reconstruction or placement of any building,billboard or
sign,or any other structure or improvement of any kind,except signs and improvements that are
consistent with the purposes of this Conservation Easement;
(h)Depositing or accumulation of soil,trash,ashes,refuse,waste,bio-solids
or any other materials;
(i)Planting,introduction or dispersal of non-native or exotic plant or animal
species;
G)Filling,dumping,excavating,draining,dredging,mining,drilling,
removing or exploring for or extraction of minerals,loam,soil,sands,gravel,rocks or other
material on or below the surface of the Property,except geologic investigation and other
landslide abatement activities as permitted in Exhibit 2;
(k)Altering the surface or general topography of the Property,including
building of new.roads,except as permitted in Exhibit 2;
(I)Removing,destroying,or cutting of native trees,shrubs or other
vegetation,except as required by law for:(1)fire breaks,(2)maintenance of recreational trails or
roads,or (3)prevention or treatment of disease,except as permitted in Exhibit 2;and
(m)Manipulating,impounding or altering any natural water course,body of
water or water circulation on the Property (except as permitted in Exhibit 2),and activities or
uses detrimental to water quality,including,but not limited to,degradation or pollution of any
surface or sub-surface waters.
4.Grantor's Duties.Grantor shall undertake all reasonable actions to prevent the
unlawful entry and trespass by persons whose activities may degrade or harm the conservation
values of the Property.In addition,Grantor shall undertake all necessary actions to perfect the
rights of Grantee and CDFG under Section 2 of this Conservation Easement.
5.Reserved Rights.Grantor reserves to itself,and to its personal representatives,
heirs,successors,and assigns,all rights accruing from its ownership of the Property,including
the right to engage in or to permit or invite others to engage in all uses of the Property that are
not expressly prohibited or limited by,and are consistent with the purposes of this Conservation
Easement.
6.Grantee's Remedies.CDFG,as a third party beneficiary of this Conservation
Easement,shall have the same rights as Grantee under this section to enforce the terms of this
Conservation Easement.If Grantee determines that a violation of the terms of this Conservation
Easement has occurred or is threatened,Grantee shall give written notice to Grantor of such
violation and demand in writing the cure of such violation.At the time of giving any such
notice,Grantee shall give a copy of the notice to CDFG.If Grantor fails to cure the violation
within fifteen (15)days after receipt of written notice and demand from Grantee,or if the cure
reasonably requires more than fifteen (15)days to complete and Grantor fails to begin the cure
810965.4
within the fifteen (15)-day period or fails to continue diligently to complete the cure,Grantee
may bring an action at law or in equity in a court of competent jurisdiction to enforce the terms
of this Conservation Easement,to recover any damages to which Grantee may be entitled for
violation ofthe terms of this Conservation Easement or for any injury to the conservation values
ofthe Property,to enjoin the violation,ex parte as necessary,by temporary or permanent
injunction without the necessity of proving either actual damages or the inadequacy of otherwise
available legal remedies,or for other equitable relief,including,but not limited to,the restoration
of the Property to the condition in which it existed prior to any such violation or injury.Without
limiting Grantor's liability therefor,Grantee may apply any damages recovered to the cost of
undertaking any corrective action on the Property.
If Grantee,in its sole discretion,determines that circumstances require immediate action
to prevent or mitigate damage to the conservation values of the Property,Grantee may pursue its
remedies under this Section 6 without prior notice to Grantor or without waiting for the period
provided for cure to expire.Grantee's rights under this section apply equally to actual or
threatened violations of the terms of this Conservation Easement.Grantor agrees that Grantee's
remedies at law for any violation of the terms of this Conservation Easement are inadequate and
that Grantee shall be entitled to the injunctive relief described in this section,both prohibitive
and mandatory,'in addition to such other relief to which Grantee may be entitled,including
specific performance ofthe terms of this Conservation Easement,without the necessity of
proving either actual damages or the inadequacy of otherwise available legal remedies.
Grantee's remedies described in this section shall be cumulative and shall be in addition to all
remedies now or hereafter existing at law or in equity,including,but not limited to,the remedies
set forth in Civil Code Section 815,et seq.,inclusive.The failure of Grantee to discover a
violation or to take immediate legal action shall not bat Grantee from taking such action at a later
time.
If at any time in the future Grantor or any subsequent transferee uses or threatens to use
the Property for purposes inconsistent with this Conservation Easement then,notwithstanding
Civil Code Section 815.7,the California Attorney General or any entity or individual with a
justiciable interest in the preservation of this Conservation Easement has standing as interested
parties in any proceeding affecting this Conservation Easement.
6.1.Costs of Enforcement.Any costs incurred by Grantee or CDFG,where it
is the prevailing party,in enforcing the terms of this Conservation Easement against Grantor,
including,but not limited to,costs of suit and attorneys'and experts'fees,and any costs of
restoration necessitated by Grantor's negligence or breach of this Conservation Easement shall
be borne by Grantor.
6.2.Discretion of Grantee and CDFG.Enforcement of the terms of this
Conservation Easement by Grantee or CDFG shall be at the discretion of the enforcing party,and
any forbearance by Grantee or CDFG to exercise its rights under this Conservation Easement in
the event of any breach of any term of this Conservation Easement shall not be deemed or
construed to be a waiver by Grantee or CDFG of such term or of any subsequent breach of the
same or any other term of this Conservation Easement or of any of Grantee's rights (or any rights
of CDFG as a third party beneficiary)under this Conservation Easement.No delay or omission
810965.4
by Grantee or CDFG in the exercise of any right or remedy shall impair such right or remedy or
be construed as a waiver.
6.3.Acts Beyond Grantor's Control.Nothing contained in this Conservation
Easement shall be construed to entitle Grantee or CDFG to bring any action against Grantor for
any injury to or change in the Property resulting from:(i)any natural cause beyond Grantor's
control,including,without limitation,fire not caused by Grantor,flood,storm,and earth
movement,or any prudent action taken by Grantor under emergency conditions to prevent,abate,
or mitigate significant injury to persons or the Property resulting from such causes;or (ii)acts by
Grantee or its employees or CDFG or its employees.
6.4.Department ofFish and Game Right of Enforcement.All rights and
remedies conveyed to Grantee under this Conservation Easement shall extend to and are
enforceable by CDFG.These rights are in addition to,and do not limit,the rights of enforcement
under the NCCP.
7.Fence Installation and Maintenance.Grantor may install and maintain fencing
that is reasonably satisfactory to Grantee and CDFG to protect the conservation values of the
Property,including,but not limited to,wildlife corridors.
8.Access.Public access to the Property shall be consistent with the purposes of this
Conservation Easement.
9.Costs and Liabilities.Grantor retains all responsibilities and shall bear all costs
and liabilities of any kind related to the ownership,operation,upkeep,and maintenance ofthe
Property.Grantor agrees that CDFG shall not have any duty or responsibility for the operation,
upkeep or maintenance of the Property,the monitoring of hazardous conditions thereon,or the
protection of Grantor,the public or any third parties from risks relating to conditions on the
Property.Grantor remains solely responsible for obtaining any applicable governmental permits
and approvals for any activity or use permitted by this Conservation Easement,and any activity
or use shall be undertaken in accordance with all applicable federal,state,local and
administrative agency statutes,ordinances,rules,regulations,orders and requirements.
9.1.Taxes;No Liens.Grantor shall pay before delinquency all taxes,
assessments,fees,and charges of whatever description levied on or assessed
against the Property by competent authority (collectively "taxes"),including any
taxes imposed upon,or incurred as a result of,this Conservation Easement,and
shall furnish Grantee and CDFG with satisfactory evidence of payment upon
request.Grantor and Grantee each shall keep the Property free from any liens,
including those arising out of each of their respective obligations for any labor or
materials furnished or alleged to have been furnished at or for use on the Property.
9.2.Hold Harmless.Grantor shall hold harmless,protect and
indemnifY Grantee and its directors,officers,employees,agents,contractors,and
representatives and the heirs,personal representatives,successors and assigns of
each of them (each a "Grantee Indemnified Party"and,collectively,
"Grantee's Indemnified Parties")and CDFG and its directors,officers,
810965.4
employees,agents,contractors,and representatives,and the heirs,personal
representatives,successors and assigns of each of them (each a "CDFG
Indemnified Party"and,collectively,"CDFG's Indemnified Parties")from
and against any and all liabilities,penalties,costs,losses.damages,expenses
(including,without limitation,reasonable attorneys'fees and experts'fees),
causes of action,claims, demands,orders,liens or judgments (each a "Claim"
and,collectively,"Claims"),arising from or in any way connected with:
(I)injury to or the death of any person,or physical damage to any property,
resulting from any act,omission,condition,or other matter related to or occurring
on or about the Property,regardless of cause,except that (a)this indemnification
shall be inapplicable to Grantee's Indemnified Parties with respect to any Claim
due solely to the negligence or willful misconduct of Grantee or any of its
employees and (b)this indemnification shall be inapplicable to CDFG's
Indemnified Parties with respect to any Claim due solely to the negligence or
willful misconduct ofCDFG or any of its employees;(2)the obligations specified
in Sections 4,9,and 9.1,and (3)with respect to the CDFG Indemnified Parties,
the existence or administration of this Conservation Easement.If any action or
proceeding is brought against any'ofthe CDFG Indemnified Parties by reason of
any such Claim,Grantor shall,at the election of and upon written notice from
CDFG,defend such action or proceeding by counsel reasonably acceptable to the
CDFG Indemnified Party or reimburse CDFG for all charges incurred for services
of the California Attorney General in defending the action or proceeding.
9.3.Extinguishment.If circumstances arise in the future that render the
purposes of this Conservation Easement impossible to accomplish,this
Conservation Easement can only be terminated or extinguished,in whole or in
part,by judicial proceedings in a court of competent jurisdiction.
9.4.Condemnation.The purposes of this Conservation Easement are
presumed to be the best and most necessary public use as defined at Code of Civil
Procedure Section 1240.680,notwithstanding Code of Civil Procedure
Sections 1240.690 and 1240.700.
10.Transfer of Easement.This Conservation Easement is transferable by Grantee,
but Grantee may assign this Conservation Easement only to CDFG or another entity or
organization authorized to acquire and hold conservation easements pursuant to Civil Code
Section 815.3 (or any successor provision then applicable)or the laws of the United States,
which is approved by Grantor and CDFG.Grantee shall require the assignee to record the
assignment in the county where the Property is located.
11.Transfer of Property.Grantor agrees to incorporate the terms of this Conservation
Easement by reference in any deed or other legal instrument by which Grantor divests itself of
any interest in all or any portion of the Property,including,without limitation,a leasehold
interest.Grantor further agrees to give written notice to Grantee and CDFG of the intent to
transfer any interest at least thirty (30)days prior to the date of such transfer.Grantee or CDFG
shall have the right to prevent subsequent transfers in which prospective subsequent claimants or
transferees are not given notice of the covenants,terms,conditions and restrictions of this
810965.4
Conservation Easement.The failure of Grantor,Grantee or CDFG to perform any act provided
in this section shall not impair the validity of this Conservation Easement or limit its
enforceability in any way.
12.Notices.Any notice,demand,request,consent,approval,or communication that
any party desires or is required to give to the other parties shall be in writing and be served
personally or sent by recognized overnight courier that guarantees next-day delivery or by first
class mail,postage fully prepaid,addressed as follows:
To Grantor:
To Grantee:
ToCDFG:
With a copy to:
City of Rancho Palos Verdes
30940 Hawthorne Boulevard
Rancho Palos Verdes,California 90275
Attn:City Manager
Facsimile:(310)377-9868
Palos Verdes Land Conservancy
916 Silver Spur Road,Suite 207
Rolling Hills Estates,California 90274
Attn:Executive Director
Department of Fish and Game
P.O.Box 944209
Sacramento,California 94244-2090
Attn:Regional Manager
Department of Fish and Game
Office of the General Counsel
1416 Ninth Street,12th Floor
Sacramento,California 95814-2090
Attn:General Counsel
or to such other address as Grantor,Grantee or CDFG may designate by written notice to the
other parties.Notice shall be deemed effective upon delivery in the case of personal delivery or
delivery by overnight courier or,in the case of delivery by first class mail,five (5)days after
deposit into the United States mail.
13.Amendment.This Conservation Easement may be amended by Grantor and
Grantee only by mutual written agreement and subject to the prior written approval of CDFG.
Any such amendment shall be consistent with the purposes of this Conservation Easement and
California law governing conservation easements and shall not affect its perpetual duration.Any
such amendment shall be recorded in the official records of Los Angeles County,State of
California.
14.General Provisions.
(a)Control1ing Law.The interpretation and performance of this Conservation
Easement shall be governed by the laws ofthe State of California,disregarding the conflicts of
law principles of such state.
810965.4
(b)Liberal Construction.Despite any general rule of construction to the contrary,
this Conservation Easement shall be liberally construed to effect the purposes of this
Conservation Easement and the policy and purpose of Civil Code Section 815,et seq.Ifany
provision in this instrument is found to be ambiguous,an interpretation consistent with the
purposes of this Conservation Easement that would render the provision valid shall be favored
over any interpretation that would render it invalid.
(c)Severability.If a court of competent jurisdiction voids or invalidates on its face
any provision of this Conservation Easement,such action shall not affect the remainder of this
Conservation Easement.If a court of competent jurisdiction voids or invalidates the application
of any provision of this Conservation Easement to a person or circumstance,such action shall not
affect the application of the provision to other persons or circumstances.
(d)Entire Agreement.This instrument sets forth the entire agreement of the parties
with respect to the Conservation Easement and supersedes all prior discussions,negotiations,
understandings,or agreements relating to the Conservation Easement.No alteration or variation
of this instrument shall be valid or binding unless contained in an amendment in accordance with
Section 13.
(e)No Forfeiture.Nothing contained herein will result in a forfeiture or reversion of
Grantor's title in any respect.
(t)Successors.The covenants,terms,conditions,and restrictions of this
Conservation Easement shall be binding upon,and inure to the benefit of,the parties hereto and
their respective personal representatives,heirs,successors,and assigns and shall constitute a
servitude running in perpetuity with the Property.
(g)Termination of Rights and Obligations.A party's rights and obligations under
this Conservation Easement terminate upon transfer of the party's interest in the Conservation
Easement or Property,except that liability for acts or omissions occurring prior to transfer shall
survive transfer.
(h)Captions.The captions in this instrument have been inserted solely for
convenience of reference and are not a part of this instrument and shall have no effect upon its
construction or interpretation.
(i)No Hazardous Materials Liability.Grantor represents and warrants that it has no
knowledge or notice of any Hazardous Materials (defined below)or underground storage tanks
existing,generated,treated,stored,used,released,disposed of,deposited or abandoned in,on,
under,or from the Property,or transported to or from or affecting the Property.Without limiting
the obligations of Grantor under Section 9.2,Grantor hereby releases and agrees to indemnify,
protect and hold harmless the Grantee Indemnified Parties and the CDFG Indemnified Parties
(each as defined in Section 9.2)from and against any and all Claims (as defined in Section 9.2)
arising from or connected with any Hazardous Materials or underground storage tanks present,
alleged to be present,or otherwise associated with the Property at any time,except that (I)this
indemnification shall be inapplicable to the Grantee Indemnified Parties with respect to any
Hazardous Materials placed,disposed or released by Grantee,its employees or agents and
810965.4
(II)this indemnification shall be inapplicable to the CDFG Indemnified Parties with respect to
any Hazardous Materials placed,disposed or released by CDFG,its employees or agents.This
release and indemnification includes,without limitation,Claims for (i)injury to or death of any
person or physical damage to any property;and (ii)the violation or alleged violation of,or other
failure to comply with,any Environmental Laws (defined below).Ifany action or proceeding is
brought against any of the CDFG Indemnified Parties by reason of any such Claim,Grantor
shall,at the election of and upon written notice from CDFG,defend such action or proceeding by
counsel reasonably acceptable to the CDFG Indemnified Party or reimburse CDFG for all
charges incurred for services of the California Attorney General in defending the action or
proceeding.
Despite any contrary provision of this Conservation Easement,the parties do not intend
this Conservation Easement to be,and this Conservation Easement shall not be,construed such
that it creates in or gives to CDFG any ofthe following:
(1)The obligations or liability of an "owner"or "operator,"as those
terms are defined and used in Environmental Laws (defined below),including,without
limitation,the Comprehensive Environmental Response,Compensation and Liability Act of
1980,as amended (42 U.S.C.Section 9601 et seq.;hereinafter,"CERCLA");or
(2)The obligations or liabilities of a person described in 42 U.S.C.
Section 9607(a)(3)or (4);or
(3)The obligations of a responsible person under any applicable
Environmental Laws;or
(4)The right to investigate and remediate any Hazardous Materials
associated with the Property;or
(5)Any control over Grantor's or Grantee's ability to investigate,
remove,remediate or otherwise clean up any Hazardous Materials associated with the Property.
The term "Hazardous Materials"includes,without limitation,(a)material that is
flammable,explosive or radioactive;(b)petroleum products,including by-products and fractions
thereof;and (c)hazardous materials,hazardous wastes,hazardous or toxic substances,or related
materials defined in CERCLA,the Resource Conservation and Recovery Act of 1976 (42 U.S.C.
Section 6901 et seq.;hereinafter "RCRA");the Hazardous Materials Transportation Act (49
U.S.C.Section 6901 et seq.;hereinafter "HTA");the Hazardous Waste Control Law (California
Health &Safety Code Section 25100 et seq.;hereinafter "HCL");the Carpenter-Presley-Tanner
Hazardous Substance Account Act (California Health &Safety Code Section 25300 et seq.;
hereinafter "HSA"),and in the regulations adopted and publications promulgated pursuant to
them,or any other applicable Environmental Laws now in effect or enacted after the date of this
Conservation Easement Deed.
The term "Environmental Laws"includes,without limitation,CERCLA,RCRA,HTA,
HCL,HSA,and any other federal,state,local or administrative agency statute,ordinance,rule,
regulation,order or requirement relating to pollution,protection of human health or safety,the
environment or Hazardous Materials.Grantor represents,warrants and covenants to Grantee and
810965.4
CDFG that activities upon and use of the Property by Grantor,its agents,employees,invitees and
contractors will comply with all Environmental Laws.
(j)Warranty.Grantor represents and warrants that there are no outstanding
mortgages,liens,encumbrances or other interests in the Property (including,without limitation,
mineral interests),which have not been expressly subordinated to this Conservation Easement
that would materially affect the purposes ofthis Conservation Easement Deed,and that the
Property is subject to the deed restriction/s)_i~efltifie<iinHExhibit 3:H_H H_H HH H__
(k)Additional Easements.Grantor shall not grant any additional easements,rights of
way or other interests in the Property (other than a security interest that is subordinate to this
Conservation Easement),or grant or otherwise abandon or relinquish any water agreement
relating to the Property,without first obtaining the written consent of Grantee and CDFG.
Grantee or CDFG may withhold such consent if it determines that the proposed interest or
transfer is inconsistent with the purposes ofthis Conservation Easement or will impair or
interfere with the conservation values of the Property.This Section 14(k)shall not prohibit
transfer of a fee or leasehold interest in the Property that is subject to this Conservation Easement
and complies with Section II.
(I)Recording.Grantee shall record this Conservation Easement in the Official
Records of Los Angeles County,California,and may re-record it at any time as Grantee deems
necessary to preserve its rights in this Conservation Easement.
IN WITNESS WHEREOF,the Parties have executed this Conservation Easement as of
the day and year first set forth above.
CITY:CITY OF RANCHO PALOS VERDES,a California
municipal corporation
By:
Thomas D.Long,Mayor
ATTEST:
By:
Carla Morreale,City Clerk
Approved as to form:
By:
Carol W.Lynch,City Attorney
810965.4
___{Deleted:Conservation Easemenl
[Signatures continue]
CONSERVANCY:PALOS VERDES PENINSULA LAND
CONSERVANCY,a California non-profit corporation
By:
Kenneth W.Swenson, President,Board of Directors
By:
William Ailor,Director and President Emeritus
Approved as to form:
By:_
William K Swank,Partner
Steptoe &Johnson LLP
633 West 5th Street,Suite 700
Los Angeles,California 90071
810965.4
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
)
)ss.
)
On ,2011,before me,, a
Notary Public in and for the State of California,personally appeared _
-:--:--:---::_-:-;:-:-:-_-:----:----:,--__:,personally known to me (or proved to me on
the basis of satisfactory evidence)to be the person whose name is subscribed to the within
instrument and acknowledged to me that he/she executed the same in his/her authorized capacity,
and that by his/her signature on the instrument,the person,or the entity upon behalf of which the
person acted,executed the instrument.
WITNESS my hand and official seal.
Notary Public in and for the State of California
(SEAL)
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
)
)ss.
)
On ,2011,before me,,a
Notary Public in and for the State of California,personally appeared _
-:---:-_---:_-:-:-:--'personally known to me (or proved to me on
the basis of satisfactory evidence)to be the person whose name is subscribed to the within
instrument and acknowledged to me that he/she executed the same in his/her authorized capacity,
and that by his/her signature on the instrument,the person,or the entity upon behalf of which the
person acted,executed the instrument.
WITNESS my hand and official seal.
Notary Public in and for the State of California
810965.4
(SEAL)
810965.4
1.EXHIBIT 1
LEGAL DESCRIPTION OF PROPERTY
Exhibit 2
2.0 Covered City Projects
The following proposed City projects are covered by the NCCP/HCP (see summary on Table 5-1
and Figure 5-2)and are permitted by fOl1s~rvati(m ~asement.~;..,...~hich are ,ro be recorde,Q.~~inst.
City-owned properties within the Preserve.All mitigation for City-Covered Activities will occur
within the Preserve.
2.1.1 Altamira Canyon Drainage Project
The City has identified a project that proposes to place an impermeable liner along the portion of
the Canyon that traverses the active landslide area to prevent water from percolating into the
landslide plane.The removal of the Canyon's existing vegetation will cause the loss of 2.5 acres
ofCSS habitat and 3 acres of non-native grassland.Point locations for one gnatcatcher and one
PVB host-plant occur in the project vicinity.Although this project is not being proposed at this
time,it is likely that the project will be actively pursued during the life of the NCCP/HCP.
2.2.2 Dewatering Wells
The installation of dewatering wells by the City in areas affected by landslides has proven to be
an effective method of slowing down landslide movement by removing groundwater from the
slide plane.It is anticipated that new wells will be installed by the City in the future in or near
areas of existing CSS habitat and grassland throughout landslide areas.It is estimated a
maximum of2.5 acres ofCSS and 2.5 acres of non-native grassland will be impacted in the
Preserve.A point location for one gnatcatcher occurs in the project vicinity.
2.2.3 Landslide Abatement Measures
When and where required,landslide abatement activities within the Preserve and throughout the
City are sometimes necessary by the City or other public agencies to safeguard existing roads,
trails and drainage systems.Such activities include,but are not limited to,the installation and
maintenance of groundwater monitoring wells and GPS stations (with associated equipment such
as pumps,electrical connections,drainage pipes and access pathways)for the purpose of
monitoring landslide movement,the filling of fissures,the re-contouring of slide debris,the
creation and maintenance of emergency access roads,and geologic investigations involving
trenching or boring performed mechanically or by hand (with allowance for access of any
necessary mechanical equipment). Where practicable,areas of temporary CSS disturbance will
be promptly re-vegetated with CSS habitat after completion of abatement activities.(see Section
6 of the Plan for details about the restoration plan).It is estimated that such landslide abatement
measures will result in the combined loss of a maximum of 5 acres of CSS habitat and 15 acres
of non-native grassland.It is estimated that two-thirds of the impacts will occur within the
Preserve.Point locations for two gnatcatchers and one island green dudleya occur in areas
potentially subject to landslides.
2.2.4 Miscellaneous Drainage Repair
16
{Deleted:this
The repair of existing drainage systems becomes necessary by the City in landslide areas because
of excessively heavy rainfall or damage by landslide movement.It is anticipated that there will
be a need to repair such drains on an as-needed basis.It is estimated that such activity will result
in the combined loss of a maximum of 10 acres of CSS habitat and 15 acres of non-native
grassland.It is estimated that two-thirds of the impacts will occur within the Preserve.Point
locations for two gnatcatchers,two aphanisma,one south coast saltscale,and one island green
dudleya occur in areas potentially subject to landslides.
2.2.5 Palos Verdes Drive East Drainage Improvement Project
Based on a comprehensive drainage study,the City has identified numerous drainage system
deficiencies in the eastern portion of the City along Palos Verdes Drive East (PVDE).To address
these drainage deficiencies,the City proposes to carry out 17 individual drainage improvement
projects over an extended period of time.Although it is anticipated that most of the projects will
occur within the existing improved street right-of-way,some projects may necessitate work in
the adjoining canyon areas.It is estimated that such activity will result in the combined loss of a
maximum of 5 acres of CSS habitat and 15 acres of non-native grassland outside the Preserve.
Point locations for Covered species are not currently known from the proposed project area.
2.2.6 Miscellaneous Drainage Improvements
The City anticipates that there will be the need to perform regular maintenance,repairs and
upgrades on drainage systems in the City not located within the Portuguese Bend Landslide Area
or the Palos Verdes Drive East drainage project.It is anticipated that the repair and improvement
of these drainage systems will be necessary from time to time due to unexpected storm damage
or due to the old age of the drainage systems.It is also anticipated that some of the projects may
necessitate the creation and/or maintenance of retention basins,debris basins,and access roads.It
is estimated that such activity could result in the combined loss ofa maximum of20 acres of
CSS habitat and 60 acres of non-native grassland outside the Preserve.Point locations for three
gnatcatchers,two cactus wrens,two PVB host-plants,one ESB host-plant,one aphanisma,one
island green dudleya and one wooly seablite occur in the vicinity of the proposed project(s).
2.2.7 Abalone Cove Beach Project
The City has identified a project that proposes to improve public access and beach amenities at
the existing Abalone Cove beach site.The project involves the construction of a restroom/storage
area,a gate house,parking lot,and shade structures,as well as improving the access road that
leads from Palos Verdes Drive South to the beach and foot trails in the area.The grading
associated with the proposed project will cause the loss of 0.2 acre ofCSS habitat and 1 acre of
non-native grassland within the Preserve.The Wildlife Agencies and California Coastal
Commission are requiring 0.5 acre ofCSS re-vegetation,all of which will be performed on site
within the coastal zone of the Preserve.A point location for one island green dudleya occurs in
the vicinity of the proposed project.Although this project is not being proposed at this time,it is
likely that the project will be actively pursued during the life of the NCCP/HCP.
2.2.8 Rancho Palos Verdes Trails Plan Implementation
17
The City's Conceptual Trails Plan addresses existing and proposed trails outside and within the
Preserve.The portion of the Conceptual Trails Plan that addresses trails within the Preserve is a
part of the Public Use Management Plan (PUMP),which is a City Covered Project described
further in Section 9.2.1 ofthe Plan.It is anticipated that implementation of the City's Conceptual
Trails Plan,which includes the Preserve Trails Plan component (see Section 9.2.1.1 of the Plan),
will result in the loss of some CSS habitat.Although the establishment of new trails through CSS
habitat will be avoided where possible,it is anticipated that some trail maintenance,erosion
repair,and re-routing for public safety reasons may occur within habitat areas.It is estimated that
such activities will result in the combined loss of a maximum of 10 acres of CSS habitat and 30
acres of non-native grassland.It is estimated that one-half of the impacts will occur within the
Preserve.Point locations for two PVB hostplants,one ESB hostplant,one island green dudleya
and one wooly seablite occur in the vicinity of the proposed project.
2.2.9 Lower San Ramon Canyon Repair
It is anticipated that the City will undertake a major storm water project in the Lower San Ramon
Canyon to reverse the effects of erosion on the streambed in an attempt to reduce the active
Tarapaca landslide from blocking water flow.Geologic studies have identified a landslide in the
canyon that has·the potential to create blockage of the stream flow.Blockage of the stream flow
could cause water to percolate into the adjacent South Shores landslide.The project will reduce
the likelihood of reactivating the South Shores landslide,which could result in the loss of the
Switchbacks on Palos Verdes Drive East.It is estimated that the project will result in the loss of
a maximum of 10 acres ofCSS and 30 acres of non-native grassland.It is estimated that one-half
of the impacts will occur in the Preserve.One point location for one gnatcatcher occurs in the
project vicinity.
2.2.10 Gateway Park
As part of the City's approved Vision Plan,the City is proposing to develop a gateway park,
including but not limited to a potential equestrian facility,within the Portuguese Bend active
landslide area of the City to provide a staging area for accessing the Preserve trail system.The
area will encompass 24.84 acres and be located adjacent to Palos Verdes Drive South between
the Cherry Hill privately-owned lots and Klondike Canyon.The area lies within the active
Portuguese Bend Landslide Area and is completely disturbed because of previous landslide
stabilization activities.The uses and activities in this area could include equestrian riding rings
and stables,outdoor educational program areas,and unpaved vehicular access roads and parking
areas.It is anticipated that'development of the facility will result in loss of a maximum of 1 acre
ofCSS habitat and 13.6 acres of non-native grassland outside of the Preserve.Point locations for
one gnatcatcher and one cactus wren occur in the vicinity of the proposed project.
2.2.11 Lower Point Vicente
As part of the City's approved Vision Plan,the City is proposing to develop a
recreational/educational project and other visitor-serving uses in an area of City-owned land
referred to as Lower Point Vicente.The property is located between the Point Vicente
Lighthouse property owned by the Coast Guard and the Oceanfront Estates residential
development project.It is anticipated that development of the site may result in a maximum loss
18
of 1.5 acres ofCSS and 11.2 acres of non-native grassland outside of the Preserve.One point
location for one ESB host-plant occurs in the vicinity of the proposed project.
2.2.12 Palos Verdes Drive South Road Repair
The City anticipates that due to continual landslide movement in the Portuguese Bend landslide
area,there will be a need to perform repair work on the portion of Palos Verdes Drive South that
traverses the landslide,including but not limited to relocating the roadway if necessary.It is
anticipated that such road repair activity may result in a maximum of 5 acres of CSS habitat loss
and 15 acres of non-native grassland loss within the Preserve.One point location for one PVB
host-plant occurs in the vicinity of the proposed project.
2.2.13 Crestridge Affordable Housing Development
The City has developed an affordable housing project on a 2.88-acre City/RDA-owned parcel.
The project site is located at the northwest comer of Crenshaw Boulevard and Crestridge Road.
It is anticipated that the development of the project will result in the loss of 0.5 acre ofCSS
habitat and 8.3 acres of non-native grassland outside the Preserve.
2.2.14 Upper Point Vicente
As part of the City's approved Vision Plan,the City is considering development ofa
civic/cultural/community center at Upper Point Vicente Park.The project may result in a loss of
2 acres ofCSS and 22 acres of non-native grassland.It is estimated that one-half of the impacts
will occur within the Preserve.Point locations for one gnatcatcher and one cactus wren occur in
the vicinity of the proposed project.
2.2.15 Preserve Fuel Modification
The City and PVPLC are required to perform annual fuel modification for fire prevention
purposes within the Preserve by the Weed Abatement Division of the Los Angeles County
Department of Agricultural Commissioner.The location and amount of fuel modification
throughout the Preserve has been determined by the Los Angeles Weed Abatement Division in
conjunction with the Los Angeles County Fire Department (see Figure 5-1)and is based on
factors such as proximity of structures,steepness of slope,and fuel load.The methods for
carrying out the required fuel modification are described in Section 9.2.2 of the Plan.The
required City fuel modification is anticipated to result in a loss of 12 acres ofCSS and 17.9 acres
of non-native grassland in the Preserve.Changes to fuel modification that would result in greater
impacts than depicted in Table 2-1 would require additional review by the Wildlife Agencies
and PVPLC
(i)2.2.16 Utility Maintenance and Repair
The installation,maintenance and repair of utilities and related infrastructure facilities by the
City,other public agencies and/or utility companies,such as sewers,water,cable,telephone,gas,
power,and storm drains will occur throughout the City on an as needed basis.Installation of new
commercial antenna towers is not considered a Covered Activity.The installation,maintenance,
and repair are anticipated to permanently impact up to 10 acres ofCSS and 20 acres of non-
19
native grassland throughout the life of the Permits.It is estimated that one-half of the impacts
will occur within the Preserve.
(ii)2.2.17 Flood in the Preserve
As discussed in Section 6.10.2.2 of the Plan,a flood in the Preserve has been identified as a
foreseeable Changed Circumstance.However,due to the narrow and steep configuration of the
drainage courses within the Preserve,it is very unlikely that a flood will damage existing or
restored CSS habitat within the Preserve.If flood damage within the Preserve requires repair
and/or remediation of public facilities,the repair work will be performed by the City's Public
Works Department and/or Los Angeles County Department of Public Works in consultation with
the PVPLC.It is estimated that the flood and related City response will result in temporary
impacts only.Up to 0.5 acre of CSS and 1 acre of non-native grassland are estimated to be
permanently impacted in the Preserve.
(iii)2.2.18 Fire in the Preserve
As discussed in Section 6.1 0.2.2 of the Plan,a fire in the Preserve has been identified as a
foreseeable Changed Circumstance as the open space areas ofthe Preserve have a history of fire.
According to information obtained from the Los Angeles County Fire Department and archived
files of The Peninsula News (a local newspaper),in the last 20 years,there have been 11 known
fires within the Preserve properties that have ranged in size from 1 acre to 194 acres.This
averages out to approximately 2 fires in the Preserve per year with an average fire size of 56
acres.Thus,it can be expected that 112 acres (56 acres x 2)of the Preserve will be impacted by
fire per year.Since 52%(724.9/1,400.9)of the Preserve is composed ofCSS and 33.3%
(466.8/1,400.9)is composed of non-native grassland,a temporary loss of up to 58.2 acres ofCSS
(52%of 112 acres)and 41.4 acres of non-native grassland (37%of 112 acres)can be expected
per year.Fire is a natural feature of the region;therefore,under normal circumstances some
natural re-growth of habitat is expected.Mitigation for this temporary impact is described under
the "planned response for repetitive fires"in Section 6.10.2.1 ofthe Plan.
(iv)2.2.19 Unimproved City Park Projects
In addition to its developed parks,the City has a number of unimproved park sites that may be
improved in the future with recreational amenities.These unimproved parks sites include,but are
not limited to,17.5-acre Grandview Park,18.2-acre Lower Hesse Park,4.7-acre Vanderlip Park,
and I-acre Martingale Park.It is anticipated that development of these specific park facilities and
any other unimproved City park facilities will result in loss of a maximum of 10 acres of CSS
habitat and 20 acres of non-native grassland outside of the Preserve.
(v)2.2.20 Other Miscellaneous City Projects
It is foreseeable that during the life of the NCCP/HCP the City will undertake a City project
similar in character and impacts to those listed in Table 5-1 that is not specifically listed here as a
Covered Project.Such projects shall be considered Covered Projects provided the loss ofCSS
habitat and non-native grassland for City projects proposed in the Preserve does not exceed the
total loss of habitat identified in Table 5-1 for City projects inside the Preserve and the total loss
of habitat for City projects proposed outside the Preserve does not exceed the total loss of habitat
20
identified in Table 5-1 allowed for City projects outside the Preserve.It is estimated that one-half
of the impacts will occur within the Preserve.
21
22
Table 2-1.Total Loss of Habitat by City-Covered Projects and Activities
I.Altamira Canyon Drainage Project
2.Dewatering Wells (10 Wells)
3.Landslide Abatement Activities
4.Misc.Landslide Damaged Drain Repair
5.PVDE Drainage Improvement Project
6.Misc.Drainage Improvement Projects
7.Abalone Cove Beach Project
8.*RPV Trails Plan Implementation
9.Lower San Ramon Canyon Repair
10.Gateway Park
II.Lower Point Vicente
12.Palos Verdes Drive South Road Repair
13.Crestridge Affordable Housing Project
14.Upper Pt.Vicente
15.Preserve Fuel Modification
16.Utility Maintenance and Repair
17.Flood in the Preserve
18.Fire in the Preserve (temporary loss excludedfrom totals)
19.Unimproved City Park Projects
20 Other misc.City projects
Total Acreage of Habitat Loss
css
2.5
2.5
5.0
10.0
5.0
20.0
0.2
10.0
5.0
1.0
I.5
5.0
0.5
2.0
12.0
10.0
0.5
58.2
10.0
20.0
180.9
3
2.5
15.0
15.0
15.0
60.0
1.0
30.0
15.0
13.6
11.2
15.0
8.3
22.0
17.9
20.0
1.0
41.4
20.0
60.0
386.9
css
o
2.5
3.3
6.6
o
o
0.2
5.0
5.0
o
o
2.5
o
1.0
12.0
5.0
0.5
57.9
o
10.0
111.5
o
2.5
9.9
9.9
o
o
1.0
15.0
15.0
o
o
7.5
o
11.0
17.9
10.0
1.0
37.2
o
30.0
167.9
*Part of the PUMP,a covered City project (See Section 9.2 of this Plan)
**Total habitat loss (CSS and Grassland)is 567.8 acres,of which 279.4 acres (49%)would occur in the Preserve.
23
24
(b)2.3 Covered Private Projects
The following proposed private projects are covered by this NCCP/HCP (see Table 5-2 and
Figure 5-4).
(i)2.3.1 Lower Filiorum Development
If a development project is approved on the 94.2-acre Lower Filorum property,the owner will be
required as a condition of approval to dedicate to the Preserve a minimum of 40 acres of the
94.22-acre property,including a minimum 300-foot-wide functional wildlife corridor on the
southern edge of the property connecting to the Abalone Cove portion of the Preserve,as
depicted in Figure 5-3,as mitigation for impacts to biological resources.Any required fuel
modification for the proposed project will not encroach into the area dedicated to the Preserve,
including the 300-foot wildlife corridor.The City will work with the land owner to develop a
funding program for management and monitoring the lands to be dedicated to the Preserve.The
intent of the 40-acre dedication required for this project is to maintain a viable wildlife corridor
through the Preserve after the proposed project is approved and constructed.
Based on a biology report prepared by NRC in 2003,the Point View property is comprised of70
acres of non-native grassland,2.5 acres of CSS,9.4 acres of disturbed CSS,6.9 acres of exotic
woodland,and 5.2 acres of disturbed vegetation.The minimum of 40 acres of dedicated Preserve
shall include 1.5 acres to be provided as mitigation for previous brush clearing activities and 38.5
acres of mitigation for CSS and grassland losses resulting from any future development of the
94.22-acre Lower Filiorum parcel.
The inclusion of Lower Filiorum acreage in the Preserve will be a condition of approval for any
development project subsequently approved for the Lower Filiorum property.Ifno approvals are
obtained,there will be no obligation on the part of present or future property owner to dedicate
these lands to the Preserve.Likewise,identifying these lands for potential inclusion in the
Preserve in the text and maps of this NCCP/HCP does not constitute approval of development on
the Lower Filiorum property.
(ii)2.3.2 Portuguese Bend Club Remedial Grading
Because of its proximity to the active Klondike Canyon Landslide,the homeowners association
of the gated residential community known as the Portuguese Bend Club may need to perform
remedial grading on its property to prevent damage to its roads and to resident's homes.It is
anticipated that the remedial grading activity will take place on property owned by the
association,located on the western end of the community,or on the adjoining RDA-owned
property.It is anticipated that the remedial grading activity will result in a loss of3acres ofCSS
habitat and 10 acres of non-native grassland.One point location for the cactus wren occurs in the
vicinity ofthis project.Mitigation for any impact to CSS habitat will be provided by the
Portuguese Bend Club by one of the following two methods:I)Dedication of additional acreage
to the Preserve that will add to the biological function of the Preserve (the approval of the City,
PVPLC,and the Wildlife Agencies is required for acreage to be dedicated to the Preserve,and
the property owner must provide management funding for the additional acreage according to a
Property Analysis Record or similar method);or 2)Payment of a Habitat In-Lieu Mitigation Fee
25
to the City's habitat restoration fund discussed in Section 8.2.1.1 in an amount of $50,000 per
acre of impacted CSS habitat.The Habitat In-Lieu Mitigation Fee must be paid to the City prior
to the remedial grading taking place.The PVPLC and the City have determined that $50,000 (in
2011 dollars)is the cost to restore,maintain,and monitor 1 acre of native habitat.The $50,000
Habitat In-Lieu Mitigation Fee will be reviewed annually by the City and if necessary adjusted to
account for inflation and/or higher than expected restoration and management costs.
(iii)2.3.3 Plumtree Development
Ifa development project is approved on the 27-acre Plumtree property and the owner opts to rely
on this NCCP/HCP to mitigate any impacts to biological resources caused by the proposed
development project,all impacts to biological resources covered under this Plan on the 27-acre
Plumtree property will be considered adequately mitigated by the conveyance of 30 acres of
functional and connected habitat on the Upper Filiorum property (190 total acres)in 2009,as
described in Section 4.2.1 of the Plan,which has been dedicated to the Preserve with the
appropriate conservation easement (see Appendix H to this Plan).Any required fuel modification
for a proposed project on the Plumtree parcel will not encroach into the area dedicated to the
Preserve.Based on a biology report prepared by NRC on August 14,2007,the 27-acre Plumtree
Parcel contains .19.7 acres of non-native grassland and 2.8 acres of disturbed CSS.In addition,
one pair of gnatcatchers was observed.
The donation of the 30-acre parcel by the property owner and its subsequent dedication to the
Preserve as mitigation for any future upland biological impacts does not constitute nor imply
approval of any subsequent development project on the Plumtree property by the City or
determination of consistency with the NCCP/HCP by the Wildlife Agencies.
2.3.3 Fuel Modification for Private Projects throughout the City
For new private development projects on vacant land in the City,all fuel modification required
by the Los Angeles County Fire Department and/or Los Angeles County Department of
Agricultural Commissioner as a result of such new projects will occur outside of the Preserve
unless the City and the Los Angeles County Fire Department and/or Agricultural Commissioner
agree that no other options exist.For existing private development,the Los Angeles County Fire
Department and Los Angeles County Department of Agricultural Commissioner have reviewed
the existing private development that abuts the Preserve and have determined the amount of
brush clearance needed within the Preserve to provide the code required fuel modification zone
for the protection of existing structures outside the Preserve (see Figure 5-1).
In situations where fuel modification must occur in the Preserve,impacts to vegetation shall be
mitigated by the project applicant using a 2:1 mitigation ratio for impacted CSS,a 0.5:1
mitigation ratio for impacted non-native grassland and a 3:1 mitigation ratio for impacted native
grassland (as described in Section 2.2.1)occurring in areas greater than 0.3 acre.Impacts to cacti
and other succulents within any required fuel clearing areas shall be minimized to preserve
habitat for the coastal cactus wren and other Covered Species.The total amount of mitigation
required is calculated by multiplying the total acreage impacted by the required mitigation ratio
26
for each habitat type.Said mitigation shall be provided by the property owner benefiting from
the fuel modification by one of the following two methods:1)Dedication of additional acreage
to the Preserve that will add to the biological function of the Preserve (the approval of the City,
PVPLC,and the Wildlife Agencies is required for acreage to be dedicated to the Preserve,and
the property owner must provide management funding for the additional acreage according to a
Property Analysis Record or similar method);or 2)Payment ofa mitigation fee to the City's
habitat restoration fund described in section 8.2.1.1 in an amount of $50,000 per acre for the total
mitigation acreage required.The mitigation fee must be paid to the City prior to the fuel
modification taking place.The PVPLC and the City have determined that $50,000 (in 2011
dollars)is the cost to restore and maintain 1 acre of native habitat.The $50,000 mitigation fee
will be reviewed annually by the City and if necessary adjusted to account for inflation and/or
higher than expected restoration and management costs.
The anticipated loss from any fuel modification within the Preserve is not expected to exceed 10
acres ofCSS and 20 acres of non-native grassland.Any loss ofCSS beyond 10 acres is not a
NCCP/HCP Covered Activity.
(iv)2.3.4 Miscellaneous Private Projects within the City and Outside of
Preserve
The City may issue a permit for any private project outside of the Preserve within the City which
impacts CSS habitat and is not specifically identified in this NCCP/HCP as a Covered Activity
provided the project impacts are located outside of the Preserve and the impacts are mitigated by
the project applicant as described in this section.
Impacts to CSS shall be mitigated by the project applicant using a 1:1 mitigation ratio for
impacted CSS.Said mitigation shall be provided by the project applicant by the payment of a
Habitat In-Lieu Mitigation Fee to the City's habitat restoration fund discussed in section 8.2.1.1
in an amount of $50,000 per acre based on the total mitigation acreage required.The Habitat In-
Lieu Mitigation Fee must be paid to the City prior to issuance of the grading or building permit,
whichever comes first.The PVPLC and the City have determined that $50,000 (in 2011 dollars)
is the amount that is needed to restore,maintain,and monitor 1acre ofCSS.The $50,000
mitigation fee will be reviewed annually by the City and,if necessary,adjusted to account for
inflation and/or higher-than-expected restoration,management,and monitoring costs.
There are 23.4 acres of exotic woodland and 23.9 acres of disturbed vegetation located outside of
the Preserve or Neutral Lands that will be impacted by potential development with no mitigation
required for these communities under this NCCP/HCP.Furthermore,there are 156.9 acres of
CSS habitat outside of both the Preserve and Neutral Lands in addition to the CSS acreage
included in the specific private projects discussed in this Section 5.3 of the Plan (Table 5-2).
Since the CSS and grassland that exists outside the Preserve and Neutral Lands is not protected
under the Plan,it is assumed that all of this habitat could be lost over the life of this Plan as a
result of miscellaneous private projects.
Table 2-2.Total Loss of Habitat by Covered
Private Project and Activities
27
I.Lower Filiorum Development
2.Portuguese Bend Club Remedial Grading
3.Plumtree Development
4.Misc.Projects within the City and outside of the
Preserve
5.Fuel Modification for private projects
Total Acreage ofHabitat Loss
28
156.9
10.
184.6
N/A
20.
119.7
(c)2.4 Other Covered Activities
The following Covered Activities are expected to occur within the Preserve due to short-and
long-term operation and maintenance requirements or emergency situations conducted by the
City,other public agencies,or utility companies.These activities are not expected to involve the
direct or indirect loss of Covered Species and/or habitat.Any activity not identified below as a
Covered Activity may not be initiated in the Preserve without written concurrence from the
Wildlife Agencies and notification to the PVPLC.The following Covered Activities shall adhere
to the avoidance and minimization measures outlined in Section 5.5 of the Plan as part of all
operations and authorizations to proceed with work,where applicable:
(i)2.4.1 Operation and Maintenance
•Landslide abatement and monitoring activities that do not result in the loss of Covered
Species and/or habitat.The regular maintenance and repair of existing drainage facilities
and existing access roads within the Preserve that does not result in the loss of Covered
Species and/or habitat.
The creatiol1 of necessary access roads for the Covered Private Projects described in Section
5.3.of the Plan.The creation cfthe access road is not anticipated to result in the loss of
Covered Species and/or habitat.
•The maintenance of existing access roads in the Preserve provided there is no loss of
Covered Species and/or habitat.
•Emergency projects that are determined to be exempt from CEQA by the City pursuant to
Section 15269 of the State CEQA Guidelines provided the project is identified as a
covered City project in Section 5.2 of the Plan.
•Geologic testing and monitoring for public health and safety reasons,provided there is no
loss of covered species and/or habitat.
•Installation,maintenance,and repair of utilities and related infrastructure(s)that are
necessary to serve the Private Covered Projects identified in Section 5.2 of the Plan.
•Installation,maintenance,and repair of utilities and related infrastructure(s)provided
there is no loss of Covered Species and/or habitat.
•The maintenance and repair of existing water quality basins,retention basins,and debris
basins,provided there is no loss of Covered Species and/or habitat.
•Photography and filming,provided a City permit is obtained,no grading is involved,no
new access road or trails are created,and impacts to Covered Species and/or habitat are
avoided.
•City and Los Angeles County law enforcement activities.
29
(ii)2.4.2 Public Use
Public access to the Preserve is allowed for passive recreational purposes and to promote
understanding and appreciation of natural resources.Excessive or uncontrolled access,however,
can result in habitat degradation through trampling and erosion (e.g.,along trails)and disruption
of breeding and other critical wildlife functions at certain times of the year.In order to balance
the public's passive recreational needs with the protection of natural resources within the
Preserve,a Public Use Master Plan (PUMP)has been developed jointly by the City,the public,
and PVPLC to address public access issues.The PUMP is a proposed City Covered Project
incorporated into the Plan;therefore,it must be approved by the Wildlife Agencies as part of the
NCCP/HCP before the activities,including the Preserve Trails Plans,will be allowed.The
following public uses and activities,which conform to the PUMP,are considered allowable uses
in the Preserve under this Plan:
•Public use and implementation of the Preserve Trails Plan (PTP)contained in the
Wildlife Agency-approved PUMP.Section 9.2.1.1 of this Plan provides the design
criteria and guidelines that will be used for the PTP.
•Closure.of existing trails within the Preserve that are not included in the PTP,as
approved by the City Council and Wildlife Agencies.
•Passive recreational activities (e.g.horse riding,hiking,bicycling,wildlife viewing)as
described in the PUMP and approved by the City and Wildlife Agencies.
•Subject to the PUMP,the creation and maintenance of passive overlook or vista areas
with seating benches and trail markers may be located at key vista points near existing
trails in the Preserve,provided no existing habitat will be lost.The location of these
overlooks shall be located to avoid or minimize direct and indirect impacts to biological
resources.The location of these overlooks will be approved by City Council.
•Installation and maintenance of benches,picnic tables,tie rails,portable toilets,and trash
cans within the Preserve and near Preserve boundaries,provided no existing habitat will
be lost.The location of these facilities shall be sited to avoid or minimize direct and
indirect impacts to habitat and Covered Species.Location of overlooks shall be reviewed
for consistency with the PUMP and this Plan and approved by the City Council prior to
initiation of any implementation work.
•Installation of trailhead signage/kiosks within the Preserve adjacent to existing roads or
other access ways and away from sensitive resource areas.The location of trailhead
signage/kiosks shall be reviewed for consistency with the PUMP and this Plan and
approved by the City prior to initiation of any implementation work
•Operation and maintenance of the existing archery range in its current location and
acreage (approximately 8 acres)within the Preserve,provided the appropriate City
permits are maintained and the facility is not expanded.
30
•Operation of the existing agricultural use at Upper Point Vicente of approximately 5
acres in size provided the appropriate City lease agreement is maintained and all
agricultural practices and improvements remain consistent with this NCCPIHCP.No
other agricultural activities are allowed in the Preserve.
•Night use of the Preserve,provided use is limited,controlled,monitored,and managed
through a permit issued by the City.Any night use of the Preserve shall be consistent
with the requirements of this Plan.
(iii)2.4.3 Preserve Management
Management of the Preserve in accordance with the provisions described in Sections 8.0 and 9.0
of the Plan is a Covered Activity.Specific management of Covered Activities that are anticipated
to occur in the Preserve include the following:
•Monitoring of Covered Species
•Habitat restoration
•Invasive'species control
•Predator control
•Reintroduction of Covered Species
•Photo documentation
•Installation of signage
•Trail maintenance
•Field research and studies designed to contribute to the long-term protection of habitats
and species and other basic research of habitats and species included in the Preserve.
(d)
Activities
2.5 Habitat Impact Avoidance and Minimization Measures for Covered
The City will ensure implementation ofthe following avoidance and minimization measures as
enforceable conditions in all permits,operations,and authorizations to proceed with the Covered
Activities listed in Sections 5.2 through 5.4 of the Plan:
1.The City will review proposed plans for covered activities within and abutting the
Preserve (e.g.,access routes,staging areas)to ensure proposed Covered Activities are
consistent with this NCCPIHCP.
2.The City and its Preserve Habitat Manager (i.e.,PVPLC)will ensure that access to the
Preserve to carry out Covered Activities is consistent with the approved Preserve Access
Protocol that is required to be created pursuant to Section 6.5.2 of this Plan.When
accessing the Preserve,utility agencies and the City's Public Works Department must
take measures to avoid and minimize,to the maximum extent possible,environmental
damage,including damage to habitat and Covered Species.Existing access roads in the
31
Preserve should be used wherever practical.Any unavoidable access routes outside
existing roads or construction areas should be clearly marked.Any new roads,trails,and
utility corridors will be located in areas that minimize habitat fragmentation and edge
effects.The width of construction corridors and easements will be minimized.
3.The City and/or responsible private project applicants will be responsible for ensuring
that an Erosion Control Plan is developed and implemented for any Covered Activities in
the Preserve or abutting the Preserve that might result in erosion as determined by the
City.Potential erosion control measures include siltation fencing,straw bales,sand bags,
etc.
4.When stockpiling topsoil in the Preserve or on vacant lots abutting the Preserve,it should
be placed only in areas that minimize the damage to habitat.
5.For any new development on vacant lots abutting the Preserve,construction staging areas
will be located at least 15 meters (50 feet)away from the Preserve boundary and natural
drainages.No-fueling zones will extend a minimum distance of 15 meters (50 feet)from
all drainages and away from the Preserve boundary.
6.Construction footprints for Covered Activities in the Preserve or abutting the Preserve
will be clearly defined with flagging and/or fencing and will be removed upon
completion of the Covered Activities.
7.Cut/fill slopes outside of fuel modification zones within the Preserve will be re-vegetated
with native species,or in the case of fuel modification zones,native plants recommended
by Los Angeles County for fuel modification zones.
8.Side-casting of materials during trails,road,and utility construction and maintenance
within the Preserve will be avoided.
9.Where feasible and appropriate,dust generated by the construction for Covered Activities
within the Preserve or on vacant lots abutting the Preserve will be controlled via watering
of earthmoving areas and non-paved roads and an off-highway speed limit restriction to
20 miles per hour (mph).
10.Any temporary safety or security night lighting for Covered Activities in the Preserve or
on vacant lots abutting the Preserve will be selectively placed,shielded,and directed
away from all native vegetative communities.
11.Prior to implementation of Covered Activities within the Preserve or on vacant lots
abutting the Preserve that may impact Covered Species,the City will provide an
education program to all personnel associated with project activities.The education
program will describe 1)the potential presence of Covered Species and their habitats,2)
the requirements and boundaries of the project (e.g.,areas delineated on maps and by
flags or fencing),3)the importance of complying with avoidance and minimization
32
measures,4)environmentally responsible construction practices,5)identification of
sensitive resource areas in the field,and 6)problem reporting and resolution methods.
12.Any biologist used for the implementation of this NCCP/HCP,including implementing
these measures,will be subject to the Wildlife Agencies'review and approval.The City
will submit the biologist's name,address,telephone number,resume,and three
references (Le.,the names and contact information of people familiar with the relevant
qualifications of the proposed biologist)at least 10 working days prior to initiating work.
If the Wildlife Agencies do not respond within this 10-day period,the City will assume
that the biologists are approved.
13.Any construction or maintenance activity,including fuel modification activities,in the
Preserve related to the Covered City and Private Projects described in Sections 5.2 and
5.3 of the Plan which is proposed to occur within 100 feet of any CSS will be scheduled
to avoid the bird breeding season (February I5-August 31)since such activities might
impact breeding birds.If,due to an urgent public health or safety concern determined by
the City.and Wildlife Agencies,these activities must occur from February I5-August 31
and within 100 feet of any CSS,gnatcatcher,and cactus wren pre-construction surveys
will be conducted to determine nesting activity.Pre-construction surveys will consist of
three survey days over a one-week period,including one survey within three days of
construction.Survey results will be submitted to the City, PVPLC,and Wildlife
Agencies.If nesting activity is detected,then all construction activity must occur outside
of a IOO-foot avoidance buffer/barrier zone to attenuate noise surrounding each nest or as
approved by the Wildlife Agencies.No birds shall be disturbed or taken.Construction
noise levels should not exceed 65 dBA Leq within the buffer zone.The buffer zones and
noise limits will be implemented until the nestlings fledge.The status of the nest will be
monitored,and a report with recommendations will be submitted to the Wildlife
Agencies for review prior to discontinuing the noise limits and nest buffers.
14.For bird species that are not federally listed or covered by the NCCP/HCP,if vegetation
clearing must occur in the Preserve during the bird breeding season under the
circumstances described in 13 above (defined here as February I5-August 31),a pre-
construction nest survey will be conducted and a 100-feet avoidance/exclusion zone or a
buffer/barrier zone to attenuate noise deemed appropriate by the Wildlife Agencies will
be placed around all active nests (Le.,active nests with eggs or chicks)until the nestlings
fledge or the nest fails.No take of fully protected species is allowed under this Plan (see
Section 1.2.2 of the Plan).
15.Covered Plant Species may be removed from impact areas and relocated to an adjacent or
suitable location within the Preserve,in coordination with the Wildlife Agencies.The
33
City and its Habitat Manager shall be notified at least ten (10)working days prior to
impacts for potential salvaging and relocation opportunities.
16.Construction and maintenance activities within 50 feet of occupied PYB and ESB habitat
will be avoided during their respective flight seasons (January 15-May 15 for PYB;June
15-September 15 for ESB)to the maximum extent practicable.If,due to an urgent public
health or safety concern determined by the City and Wildlife Agencies,these activities
must occur during the flight seasons then the removal of host-plants will be conducted by
qualified biologist familiar with the butterfly species and their host-plants.If host-plants
are removed,they will be replaced in the project vicinity.The City and its Habitat
Manager shall be notified at least ten (10)working days prior to impacts for potential
salvaging and relocation opportunities.
17.If known,occupied PYB or ESB habitat will be impacted under the circumstances
described in 16 above,Wildlife Agencies will be notified a minimum of sixty (60)days
prior to initiation of any Covered Activity and given the opportunity to capture,rescue,
and/or trans-locate PYB or ESB or their host-plants,if necessary and appropriate.
18.No new lighting shall be allowed in the Preserve except where essential for roadway,
facility use,and safety and security purposes.When necessary,light sources abutting the
Preserve will be oriented downward and away from habitat areas,and shielded,if
necessary,so that the lighting does not impact wildlife and native vegetation.
19.Pre-construction surveys for raptor during the breeding season (January 31 -September
30),where evidence of foraging and/or nesting is present,shall be conducted by a
qualified biologist prior to any project construction or grading activities in the Preserve.
If nesting raptors are present,a 100-feet avoidance/exclusion zone or a buffer/barrier
zone to attenuate noise deemed appropriate by the Wildlife Agencies will be placed
around all active nests (Le.,active nests with eggs or chicks)until the nestlings fledge or
the nest fails.No take of Fully Protected Species is allowed under this Plan (See Section
1.2.2 of the Plan).
20.All project landscaping,erosion control and re-vegetation efforts within and abutting the
Preserve shall use native re-vegetation/landscaping to the extent practicable and avoid
those species listed on the California Invasive Plant Council's (Cal-IPe)Invasive Plant
Inventory (see Section 5.6.4 and Appendix D of the Plan).This requirement shall be
incorporated as enforceable conditions in all City permits,operations,and authorizations
to proceed.
21.Any proposed new or re-Iocated trail within or abutting the Preserve shall comply with
the requirements of the Wildlife Agency-approved PUMP and this Plan.The design
criteria and guidelines in Section 9.2.1.1 of this Plan shall be used by the City and its
34
Preserve Habitat Manager (PVPLC)in developing and implementing the PUMP,
including the Preserve Trail Plan component.These guidelines place an emphasis on
avoiding or minimizing impacts to CSS habitat and Covered Species,including:1)
providing a 25-foot setback to coastal bluffs;2)using existing access roads wherever
practical;3)any new trails,shall be located in areas that minimize habitat fragmentation
and edge effects (e.g.,maximum of 4 foot-wide in core areas);4)seasonally rotating or
limiting use to minimize degradation;and 5)providing a 3D-foot upland buffer along
major drainages.
35
Exhibit 3
Existing Deed Restriction!s)-------------------------------------------
36
,',{Deleted:Conservation Easement
CfTYOF
MEMORANDUM
RANCHO PALOS VERDES
TO:
FROM:
DATE:
SUBJECT:
MEMBERS OF THE CITY COUNCIL
THOMAS D.LONG,MAYOR
NOVEMBER 15,2011
PROPOSED CITY COUNCIL POLICY REGARDING CITY
CONTRIBUTION TO PENSION COSTS
RECOMMENDATION
The current City Council recommends that the future City Council consider establishing a
City Council Policy regarding City contribution to pension costs,enabling the City to better
manage annual fluctuations in the CalPERS employer contribution amounts.
DISCUSSION
The City's employees are not eligible for Social Security.The City devotes sums that are
similar to what would be paid to Social Security to provide a defined benefit pension to its
employees.Over the last 25 years,the City's share of those costs has averaged 5.557%
of payroll for the "employer side"of the CalPERS contributions.The City has also paid 7%
of payroll for the "employee side"through FY06-07,and 6.5%from FY07 -08 until recently.
Combined,these costs are similar to what would have been paid if the City had
participated in Social Security.However,the benefits provided by the City plan are
substantially superior to Social Security.For this reason,the current Council did not adopt
pension revisions thatwould have reduced the benefits to a level that would have forced
the City to participate in Social Security.
The "employee side"of the CalPERS contribution is now entirely the responsibility of
employees.The employees have previously taken responsibility for 1.5%when pension
benefits were increased in 2007 as a way of contributing toward the cost of the pension
plan increases.With the latest revisions which created a Tier 2 and which are likely to
save the City between $1.2 million and $1.6 million over the next 6 years,the employees
assumed responsibility for the remaining 6.5%of the employee side contribution in
exchange for a one-time salary increase of 5%.As a result,the "employee side"of the
CalPERS contribution will no longer be a part of the City's costs on a going forward basis.
The City's "employer side"of the CalPERS contribution has averaged 5.557%over the last
25 years but has varied Widely because unlike the "employee side"it is not a fixed
percentage of salaries and wages.I am attaching a chart provided by staff showing the
percentage contribution over the last 25 years.The contributions have ranged from 0%in
7-1
PROPOSED CITY COUNCIL POLICY REGARDING CITY CONTRIBUTION TO
PENSION COSTS
November 15,2011
Page 2 of 2
7 of the last 25 years to as high as 15.275%in Fiscal Year 08-09.Again,this is a function
of varying investment returns and,accordingly,has been high in recent years.
When I was first elected to the Council,I raised the question of whether it was wise to
simply accept the CalPERS contribution assessments and established rates or whether we
should instead be establishing our own reserve during years when CalPERS made small or
no contribution demands on the City so that we would have additional money available in
reserve for years when CalPERS made higher demands.Although making such a change
in policy will not save any money,it will smooth out the costs of contribution and will require
the Council to be more disciplined in setting aside money for pension costs.
As a resl:Jlt of the facts discussed above,I ask that the current Council recommend to the
next Council that it adopt the following policy.
The policy of the City Council towards contribution of pension costs for so long as the
City participates in CalPERS shall be as follows:
(1)The City will not pay the employees'membership expenses of CaIPERS.This fact,
along with all other facts relating to total employee compensation,will be considered
in the periodic employment market surveys that are done to establish appropriate
salaries for City employees;
(2)In years when the CalPERS'employer contribution falls below the higher of (a)the
employee contribution ofCalPERS (currently 8%)orthe 25 year running average of
prior City assessments (currently 5.557%)the difference between the actual
CalPERS employer contribution and the higher percentage of payroll calculated
herein will be set aside in a reserve to be drawn upon only in the circumstances
described in paragraph 3 below;and
(3)When the CalPERS employer contribution exceeds the higher of (a)the employee
membership contribution rate or (b)the 25 year average of CalPERS assessments
and established rate ofthe City by more than 1%ofpayroll,the City may draw upon
the reserve established in paragraph 2 above to cover any such excess.
7-2
Actual
Employer
Contribution
Rate
FY10-11 10.263%
FY09-10 15.111%
FY08-09 15.275%
FY07-08 14.699%
FY06-07 12.906%
FY05-06 12.452%
FY04-05 8.537%
FY03-04 2.455%
FY02-03 0.000%
FY01-02 0.000%
FYOO-01 0.000%
FY99-00 .0.000%
FY98-99 0.000%
FY97-98 5.868%
FY96-97 5.075%
FY95-96 4.000%
FY94-95 4.790%
FY93-94 4.600%
FY92-93 4.900%
FY91-92 5.400%
FY90-91 4.200%
FY89-90 4.100%
FY88-89 4.300%
FY87-88 0.000%
FY86-87 0.000%
25-Year Averaae 5.557%
'.
7-3
TO:
FROM:
DATE:
SUBJECT:
HONORABLE MAYOR &CITY COUNCIL MEMBERS
CITY CLERK
NOVEMBER 14,2011
ADDITIONS/REVISIONS AND AMENDMENTS TO
AGENDA
Attached,are revisions/additions and/or amendments to the agenda material received
through Monday afternoon for the Tuesday,November 15,2011 City Council meeting:
Item No.
6
Description of Material
Staff Memorandum
Respectfully submitted,
(lML~
Carla Morreale
W:\AGENDA\2011 Additions Revisions to agendas\20111114 additions revisions to agenda through Mondayafternoon.doc
CrrYOF RANCHO PALOS VERDES
MEMORANDUM
HONORABLE MAYOR AND CITY COUNCIL
DIRECTOR OF PLANNING BUILDING AND C~/
ENFORCEMENT AND THE CITY ATTORNEY V-1/
NOVEMBER 15,2011DATE:-
SUBJECT:CONSERVATION EASEMENTS IN FAVOR OF THE PALOS
VERDES PENINSULA LAND CONSERVANCY THAT ARE TO BE
RECORDED AGAINST CITY-OWNED PROPERTIES WITHIN
THE PALOS VERDES NATURE PRESERVE
REVIEWED:CAROLYN LEHR,CITY MANAGERoSl-
RECOMMENDATION
TO:
FROM:
Approve the form of the Conservation Easement and Authorize the Mayor to Execute
the Conservation Easements on Behalf of the City..
BACKGROUND
In 1996,using State and County funds,the City purchased 155-acres of privately owned
land that had previously been approved for residential development.The property,referred
to as the Forrestal Parcel,was purchased for the purpose of conservation since it
contained much state and federally protected habitat.On June 5,2001,the City and the
Palos Verdes Peninsula Land Conservancy (PVPLC)entered into an agreement for joint
management of what was then referred to as the ForrestaI Nature Preserve (which is now
part of the greater Palos Verdes Nature Preserve).
In August 2004,the City Council adopted the Rancho Palos Verdes Natural Communities
Conservation Plan (NCCP)which proposed the establishment of a significant habitat
preserve in the City in exchange for allowing 50 years worth of City projects (and certain
private projects)to impact protected habitat on as needed basis.The strategy behind the
City approved NCCP was to create a Preserve through the dedication of existing City
owned open space parcels and the acquisition of key privately owned parcels all of which
would be managed by the PVPLC with assistance by the City and Wildlife agencies.
Management of the City's Preserve by the PVPLC (with financial assistance from the City)
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Conservation Easements
November 15,2011
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was an integral part of the NCCP,since it avoided the City having to create an endowment
to fund ongoing Preserve management costs as is typically done with other NCCPs in the
~~..
Although the NCCP was approved by the City Council in 2004,approval of the NCCP by
the Wildlife Agencies did not immediately occur primarily because the focus turned to
acquiring 462-acres of open space owned by Barry Hon for inclusion into the Preserve.
The open space was eventually purchased by the City in 2005 with the following funds:
$11.5 million from the State,$4 million from the PVPLC,$1 million from LA County,$400K
from the City of RPV and $1 OOK from CSU Dominguez Hills.
In 20Q9,the City's efforts to acquire the Upper Filiorum open space culminated in the
acquisition of 190 acres of additional Preserve land.This additional open space was
purchased with the following funds:$5.5 million from the State,$600K from the City of RPV
and $400K from the PVPLC.Since this acquisition completed the City's NCCP Preserve,
focus shifted back to updating and completing the final NCCP.The updated draft NCCP is
currently undergoing its final review by the State and Federal wildlife agencies.Staff
anticipates completion of the Final NCCP sometime in 2012.
DISCUSSION
The United States Fish and Wildlife Service and the California Department of Fish and
Game ("Wildlife Agencies")require that a conservation easement be recorded against
the properties that are to be placed within the NCCP Preserve.In addition,the
California Coastal Conservancy and State Wildlife Conservation Board require that
conservation easements be recorded on all open space properties purchased for
conservation with state or federal funds.
The basic purpose of a conservation easement is to provide a document,which will be
recorded against the title of the properties,that will restrict the uses of the properties to
uses that are consistent with the open space and habitat conservation purposes for
which the land is being acquired.The conservation easement will allow passive public
use that is consistent with those conservation purposes.A conservation easement
provides the entity that owns the easement with the ability to monitor the condition of
the property to ensure that it is being properly used in accordance with the terms of the
conservation easement and with the ability to enforce the terms of the conservation
easement in a court of law or through a mediation/consultation process with the State
and Federal Wildlife Agencies.
The NCCP requires that the PVPLC be the owner of all conservation easements
recorded for Preserve properties owned by the City,and that the City be the owner of
the conservation easement recorded on the sole Preserve property owned by the
PVPLC.Because the Palos Verdes Peninsula Land Conservancy ("PVPLC")is
managing the City-owned properties within the Preserve on behalf of the City,has been
contributing to the cost of acquiring some of the properties that have been placed in the
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Conservation Easements
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Preserve,and has been assisting the City and the Wildlife Agencies with the
development of the NCCP,having the PVPLC be the owner of the conservation
easement on City owned lands makes a great deal of sense.
Once the NCCP is finalized and approved,'the Wildlife Agencies want the same form of
conservation easement in favor of the PVPLC recorded against all of the City's
properties that will be enrolled into the NCCP Preserve.Although,management of the
Preserve properties by the City and PVPLC has been ongoing,the Wildlife Agencies
will not consider the properties as formally enrolled in the Preserve until the standard
conservation easement has been recorded on each property.The attached draft
conservation easement would be the form of the conservation easement that will be
record,ed against all of the City-owned properties within the Preserve and will replace
conservation easements that were recorded previously against some of the properties,
such as the Switchback property and Shoreline Park.A list of all City-owned properties
that will be placed in the Preserve and against which the draft conservation easement
will be recorded is attached to this Staff report.The list was taken from the draft NCCP.
Adopting a standard form of conservation easement in favor of the Land Conservancy
is advisable,because one standard form with uniform provisions that governs the use
of all City properties within the Preserve will be in place.
The reciprocal easement that will eventually be recorded on the sole Preserve property
owned by the PVPLC will be pursued at a later time.The Wildlife Agencies will need to
ultimately approve the language of both easements.
FISCAL IMPACT
The Conservation Easement does not require the City to pay any additional
compensation to any party.Thus,other than the Staff and attorney time that was
needed to negotiate and prepare the conservation easement on behalf of the City,
there is no fiscal impact arising from the conservation easement.
Attachments:
List of all City-owned properties that will be placed in the Preserve and which will be
subject to the standard Conservation Easement
Draft Conservation Easement
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Conservation Easements
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List of City-Owned Lands that Will Be Placed into the Preserve
And Against Which the Conservation Easemertt Will Be Recorded
A.City"Owned Lands already Conserved bY r@corded conservation easements
(924.8acre§).
.,.
•SWitdhb'adk$p~r¢~t(Q4;9~9re$}..•..."''..'.
The City qbtain$dtl'lb1i94;~~t;lqrepafCelln1979 fromtheqev:,lo~-~r()ftheadjacent
=&f=~~~'_fN~{mrJ::t.}~~r~~:t~~QityanqW$daC!QIl$erv~llP!l"lea$etrlenHob:ete,cord~dovertheentfrepropertyand
~ri:~:ti~=:I~~::g~r~IB~~~t~t:~••~t::~idr!:;~S~b1e.~:~:~:~~:·to ·co·ncerns
raised by the City with th~-JntroductIQnOfirrigation.inel'os,e proximity toaknown
·T*if_li;;j~~iEifEi:
paid the .City$87,527fo·r the:use of an additlonaI11.1acre,$of the property for re-
ve.g~tation.Asa result,aool'l~ervationea$ernentwas.recQrded on.the remaInder of the
52.a~aoreprqpertywithtneexqeptiortofa '1004ootwidefuelmodifibation strip that runs
along the boundary with the City ofLos Angel.as which has been estimated at 5 acres.
The habitat on this parcel wiIJ be managed by Trump Nationa'i pursuant to their
approved Hep until their management responsibility is deemed complete by the Wildlife
Agencies (i,e.,ceO',COFG,and USFWS).Onoe deemed complete,Trump National
wIll continue-to be respohsiblefor the ongoing management and monitoring of this
habitat pursuant to the Development Agreement with the City.PVPLC may assume the
management and monitoring of Covered Species of this habitat if funded by Trump
National.
~-
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Conservation Easements
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•Forrestal Parcel (154.9 acres)
Using state and County funds,the City purchased this parcel for habitat preservation in
1996.A conservation easement has been recorded on the entire property.In 2004,the City
approved the Forrestal Management Plan,which has been guiding the management ofthis
property.With the dedication of this land to the Preserve,the Forrestal Management Plan
will be superseded by the management requirements of this NCCP/HCP.
•Portuguese Bend Parcel (398.1 acres of the 423.9-acre)
Using state,County,City,and private monies raised by the PVPLC,the City purchased this
423.9-acre property in December 2005.Conservation easements have been recorded on
398.1 acres of the Portuguese Bend Parcel while 25.2 acres have been kept out of the
Preserve 'to serve as a public-access point to the trail network within the Preserve and
possibly an equestrian facility.
•Agua Amarga Canyon (38.9 acres)
Using state,County,City,and private monies raised by the PVPLC,the City purchased this
38.9-acre property in December 2005 along with the Portuguese Bend parcel.
Conservation easements have been recorded on this parcel.
•Upper Filiorum (190 acres)
Using state,City,and private monies raised by the PVPLC,the City purchased 160 acres
of this privately owned property in December 2009.In addition,the seller donated the
remaining 30 acres of the property to the City for dedication to the Preserve as mitigation
for any potential upland impacts on biological resources that may occur as a result of
developing the adjacent 27-acre Plumtree property.Conservation easements have been
recorded on the 190 acres.
B.City-Owned Lands Currently Not Conserved (389.2 acres)
•Lower Point Vicente Property (6.1 acres of the 27.4 acre parcel)
In 2004,the County deeded the 27.4-acre Lower Point Vicente property to the City.The·
City's Point Vicente Interpretive Center is located on this property.The only portion of this
property that is proposed to be included in the Preserve is the coastal bluff area,which is
the area between the mean high tide line and the bluff fencing.The Preserve area has
been calculated as 6.1 acres using the City's GIS database.
•Pelican Cove,formerly Fishman's Access Property (9.3 acres of the 10.5-acre parcel)
In 2004,the County deeded the 10.5-acre Pelican Cove,Fisherman's Access property to
the City.All of this property,except for the parking lot area located between the coastal
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Conservation Easements
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bluff and Palos Verdes Drive South,will be included in the Presel"\:'e.The Preserve area
has been calculated as 9.3 acres using the City's orthographic maps.
•Ocean Front Estates (69 acres within the 70.5-acre open space area)
The City obtained 70.5 acres of open space in March 1999 from the developer of the
Oceanfront Estates residential development to satisfy the developer's parkland dedication
requirement.In February 1997,an interim take section 4(d)permit was issued to allow the
residential development to begin construction.In accordance with the take permit,the
developer was required to undertake habitat management responsibilities on 69 acres of
the 70.5-acre property and restore 30 acres of coastal sage scrub and 3 acres of wetland
habitat.The developer's habitat management responsibilities on the 69 acres were deemed
complete,by the Wildlife Agencies in 2006.In May 2007,the City authorized PVPLC to
manage this habitat area for the City at a cost of $15,0001 year (adjusted for annual
inflation).The cost of this management is paid for by monies from a $750,000 non-wasting
endowment previously established by the Oceanfront Estates developer in 2001 and now
held and controlled by the City.The primary management tasks covered by this
endowment are fencing,habitat,and trail maintenance.
•Abalone Cove Property (70.8 acres of the 80-acre parcel)
The Abalone Cove property is owned by the City's Redevelopment Agency (RDA),The
property was acquired by the RDA from the County of Los Angeles in1987.Excluded from
the Preserve are the Abalone Cove upper parking lot and adjacent picnic area and the
lower parking lot and pre-schooillifeguard area.The proposed Preserve area has been
calculated as 70.8 acres using the City's orthographic maps.
•Coastal RCA Property (45.1 acres)
This coastal parcel is owned by the City's Redevelopment Agency and was also purchased
from the County in 1987.The entire 45.1-acre parcel is proposed to be dedicated to the
Preserve.
•Barkentine Property (98.5 acres)
The 98.5-acre Barkentine Parcel was purchased by the City in 2001 with funds from the
Los Angeles County Regional Park and Open Space District Specified Grant Program
(1996 Proposition).The City proposes to dedicate the entire 98.5-acre property into the
Preserve to ensure its conservation in perpetuity.
•Del Cerro Buffer Property (17.4 acres)
The City purchased this 17.4-acre property in 2003,which is located adjacent to the
City's Del Cerro Park.The entire parcel is proposed to be dedicated to the Preserve as
it will serve as a buffer between Del Cerro Park and the adjoining Upper Filiorum
property.
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Conservation Easements
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•Upper Point Vicente Property (51.3 acres of the City's 73.3-acre property)
The City's Upper Point Vicente property consists of the following three (3)separate parcels:
a 65.12-acre parcel that was deeded to the City by the federal government in December
1979 and is subject to a Program of Utilization,approved by the National Park Service,that
dictates that the parcel be used solely for recreational and open space purposes;a 6-acre
parcel that was purchased by the City from the federal government and deeded to the City
in March 1979 for use as a civic center site;and a 2.23-acre parcel that was previously
owned by the Palos Verdes Peninsula School District which was deeded to the City from
the federal government in June 1987.Together these parcels make up 73.35 acres that are
owned and controlled by the City.In addition,there is a 3.93-acre parcel that is owned by
the U.S.yoast Guard and surrounded by the City parcels.These City and Coast Guard
parcels total 77.28 acres.Based on the City's orthographic maps,51.3 acres of the City's
73.35-acre property is proposed to be dedicated to the Preserve.Excluded from the
Preserve are the 3.93-acre Coast Guard parcel (until formally included in the Preserve by
the federal government)and a 22.05-acre,City-owned area that constitutes the level,
disturbed,developed portion of the property.The 22.05-acre area includes the entirety of
the 6-acre property,the entirety of the 2.23-acre parcel,and 13.82 acres of the 65.12-acre
parcel that is subject to the Program of Utilization.
•Crestridge Property (16.7 acres)
The City's RDA purchased a 19.6-acre parcel at the corner of Crestridge Road and
Crenshaw Boulevard in 2000 for the purpose of developing an affordable housing project.
In March 2009,the City approved an affordable housing project on the site and in doing so
subdivided the property into two parcels.The 2.9-acre development parcel will
accommodate the affordable housing project including a fuel modification zone,and the
16.7-acre parcel will be dedicated to the Preserve.
•Shoreline Park (5 acres of the 52.8 acre property)
Approximately 47.8 acres of the property are presently conserved as mitigation for the
adjacent Trump National golf course.The remaining 5 acres of the City property will also
be dedicated to the Preserve.
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RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
Palos Verdes Land Conservancy
916 Silver Spur Road,Suite 108
Rolling Hills Estates,California 90274
Attn:Ms.Andrea Vona
[Space Above For Recorder's Use Only]
APN:
R<;lcording
Fee:Exempt pursuant to California
Government Code Section 27383
CONSERVATION EASEMENT DEED
(fucluding Third Party Beneficiary)
THIS CONSERVAnON EASEMENT DEED ("Easement")is made this _
day of ,20_,by the CITY OF RANCHO PALOS VERDES,a California
municipal corporation ("City"or "Grantor"),in favor of THE PALOS VERDES PENINSULA
LAND CONSERVANCY,a California nonprofit public benefit corporation ("Conservancy"or
"Grantee"),hereinafter collectively referred to as the "Parties,"with reference to the following
facts:
RECIT ALS:
A.City is the owner in fee simple of certain real property located in the City of Rancho
Palos Verdes,County of Los Angeles,State of California,and more particularly
described in Exhibit 1,which is attached hereto and incorporated herein by this reference
(the "Property").
B.The Property possesses wildlife and habitat values (collectively,"conservation values")
of great importance to Grantor,Grantee,the State of California,Department of Fish and
Game ("CDFG"),and the people of the State of California.
C.The Property provides high quality habitat for the California Gnatcatcher,the Coastal
Cactus Wren,the El Segundo Blue Butterfly and the Palos Verdes Blue Butterfly and
contains Coastal Sage Scrub Habitat ("CSS").
1167575.7
6-8
D.Grantee is authorized to hold conservation easements pursuant to Civil Code
Section 815.3.Specifically,Grantee is a tax-exempt nonprofit organization qualified
under Section 501(c)(3)ofthe Internal Revenue Code of 1986,as amended,and is
qualified to do business in California,which has as its primary purpose the preservation
of land in its natural,scenic,and open space condition.
E.CDFG has jurisdiction,pursuant to Fish and Game Code Section 1802,over the
conservation,protection,and management of fish,wildlife,native plants and the habitat
necessary for biologically sustainable populations of those species,and CDFG is
authorized to hold easements for these purposes pursuant to Civil Code Section 815.3,
Fish and Game Code Section 1348,and other provisions of California law.
F.The California Department ofFish and Game,the United States Fish and Wildlife
.Service,the City ofRancho Palos Verdes and the Palos Verdes Peninsula Land
Conservancy have been in the process of finalizing the Natural Communities
Conservation Plan for the City ("NCCP").The property that is subject to this
Conservation Easement is to be enrolled in the NCCP Preserve.Exhibit 2,which is
attached hereto and incorporated herein by this reference,sets forth activities and projects
that may be undertaken by the parties hereto on the Property.
G.The recordation of this Conservation Easement on the Property provides mitigation for
certain impacts of the proposed projects that are identified in the NCCP,which are to
occur within the City of Rancho Palos Verdes,County of Los Angeles,State of
California.
H.Grantee agrees by accepting this grant to honor the intentions of Grantor stated herein to
preserve and protect in perpetuity the conservation values of the Property in accordance
with the terms of this Conservation Easement.
COVENANTS,TERMS,CONDITIONS AND RESTRICTIONS
For good and valuable consideration,the receipt and sufficiency ofwhich is hereby
acknowledged,and pursuant to California law,including Civil Code Section 815,et seq.,Grantor
hereby voluntarily grants and conveys to Grantee a conservation easement in perpetuity over the
Property.
1.Pur.poses.The purposes ofthis Conservation Easement are to ensure the Property
will be retained forever in its natural condition and to prevent any use of the Property that will
impair or interfere with the conservation values of the Property.Grantor intends that this
Conservation Easement will confine the use ofthe Property to such activities that are consistent
with those purposes,as set forth herein,including,without limitation,those involving the
preservation,restoration and enhancement of native species and their habitats.
2.Grantee's Rights.To accomplish the purposes of this Conservation Easement,
Grantor hereby grants and conveys the following rights to Grantee and to CDFG as a third party
beneficiary of this Conservation Easement:
(a)To preserve and protect the conservation values of the Property;
810965.4
6-9
(b)To enter upon the Property at any reasonable time in order to monitor
compliance with and otherwise enforce the terms of this Conservation Easement,and for
scientific research and interpretive purposes by Grantee or its designees and CDFG or its
designees,provided that neither Grantee nor CDFG shall unreasonably interfere with Grantor's
authorized use and quiet enjoyment of the Property;
(c)To prevent any activity on or use of the Property that is inconsistent with
the purposes of this Conservation Easement and to require the restoration of such areas or
features of the Property that may be damaged by any act,failure to act,or any use that is
inconsistent with the purposes of this Conservation Easement;
(d)To use all mineral,air and water rights necessary to protect and to sustain
the biological resources ofthe Property;and
(e) All present and future development rights for residential,commercial and
industrial projects,which are allocated,implied,reserved or inherent in the Property;such rights
are hereby terminated and extinguished,and may not be used on or transferred to any portion of
the Property,nor any other property adjacent or otherwise.
3.Prohibited Uses.Any activity on or use of the Property that is inconsistent with
the purposes of this Conservation Easement is prohibited.Without limiting the generality of the
foregoing,the following uses and activities by Grantor,Grantor's agents,and third parties,are
expressly prohibited:
(a)Except as permitted in Exhibit 2,unseasonal watering;use offertilizers,
pesticides,biocides,herbicides or other agricultural chemicals;weed abatement activities;
incompatible fire protection activities;and any and all other activities and uses which may
adversely affect the purposes of this Conservation Easement;
(b)Use of off-road vehicles for recreational purposes and use of any other
motorized vehicles except on existing roadways;
(c)Agricultural activity of any kind,except that grazing is permitted if done
in accordance with a CDFG-approved grazing or management plan;
(d)Recreational activities that would adversely affect the purposes of this
Conservation Easement,such as hunting or fishing,except recreational uses that can be
conducted in a manner that is consistent with the purposes of this Conservation Easement may be
specifically permitted under this Conservation Easement;
(e)Commercial or industrial uses;
(f)Any legal or de facto division,subdivision or partitioning of the Property;
(g)Construction,reconstruction or placement of any building,billboard or
sign,or any other structure or improvement of any kind,except signs and improvements that are
consistent with the purposes of this Conservation Easement;
810965.4
6-10
(h)Depositing or accumulation of soil,trash,ashes,refuse,waste,bio-solids
or any other materials;
(i)Planting,introduction or dispersal ofnon-native or exotic plant or animal
species;
(j)Filling,dumping,excavating,draining,dredging,mining,drilling,
removing or exploring for or extraction ofminerals,loam,soil,sands,gravel,rocks or other
material on or below the surface of the Property,except geologic investigation and other
landslide abatement activities as permitted in Exhibit 2;
(k)Altering the surface or general topography of the Property,including
building of new roads,except as permitted in Exhibit 2;
(1)Removing,destroying,or cutting of native trees,shrubs or other
vegetation,except as required by law for:(1)fire breaks,(2)maintenance of recreational trails or
roads,or (3)prevention or treatment of disease,except as permitted in Exhibit 2;and
(m)Manipulating,impounding or altering any natural water course,body of
water or water circulation on the Property (except as permitted in Exhibit 2),and activities or
uses detrimental to water quality,including,but not limited to,degradation or pollution of any
surface or sub-surface waters.
4.Grantor's Duties.Grantor shall undertake all reasonable actions to prevent the
unlawful entry and trespass by persons whose activities may degrade or harm the conservation
values ofthe Property.In addition,Grantor shall undertake all necessary actions to perfect the
rights of Grantee and CDFG under Section 2 of this Conservation Easement.
5.Reserved Rights.Grantor reserves to itself,and to its personal representatives,
heirs,successors,and assigns,all rights accruing from its ownership of the Property,including
the right to engage in or to permit or invite others to engage in all uses of the Property that are
not expressly prohibited or limited by,and are consistent with the purposes of this Conservation
Easement.
6.Grantee's Remedies.CDFG,as a third party beneficiary of this Conservation
Easement,shall have the same rights as Grantee under this section to enforce the terms of this
Conservation Easement.If Grantee determines that a violation of the terms of this Conservation
Easement has occurred or is threatened,Grantee shall give written notice to Grantor of such
violation and demand in writing the cure of such violation.At the time of giving any such
notice,Grantee shall give a copy ofthe notice to CDFG.IfGrantor fails to cure the violation
within fifteen (15)days after receipt ofwritten notice and demand from Grantee,or ifthe cure
reasonably requires more than fifteen (15)days to complete and Grantor fails to begin the cure
within the fifteen (15)-day period or fails to continue diligently to complete the cure,Grantee
may bring an action at law or in equity in a court of competent jurisdiction to enforce the terms
of this Conservation Easement,to recover any damages to which Grantee may be entitled for
violation of the terms of this Conservation Easement or for any injury to the conservation values
of the Property,to enjoin the violation,ex parte as necessary,by temporary or permanent
injunction without the necessity of proving either actual damages or the inadequacy of otherwise
810965.4
6-11
available legal remedies,or for other equitable relief,including,but not limited to,the restoration
of the Property to the condition in which it existed prior to any such violation or injury.Without
limiting Grantor's liability therefor,Grantee may apply any damages recovered to the cost of
undertaking any corrective action on the Property.
If Grantee,in its sole discretion,determines that circumstances require immediate action
to prevent or mitigate damage to the conservation values of the Property,Grantee may pursue its
remedies under this Section 6 without prior notice to Grantor or without waiting for the period
provided for cure to expire.Grantee's rights under this section apply equally to actual or
threatened violations ofthe terms of this Conservation Easement.Grantor agrees that Grantee's
remedies at law for any violation of the terms of this Conservation Easement are inadequate and
that Grantee shall be entitled to the injunctive relief described in this section,both prohibitive
and mandatory,in addition to such other reliefto which Grantee may be entitled,including
specific performance ofthe terms ofthis Conservation Easement,without the necessity of
proving either actual damages or the inadequacy of otherwise available legal remedies.
Grantee's remedies described in this section shall be cumulative and shall be in addition to all
remedies now or hereafter existing at law or in equity,including,but not limited to,the remedies
set forth in Civil Code Section 815,et seq.,inclusive.The failure of Grantee to discover a
violation or to take immediate legal action shall not bar Grantee from taking such action at a later
time."
If at any time in the future Grantor or any subsequent transferee uses or threatens to use
the Property for purposes inconsistent with this Conservation Easement then,notwithstanding
Civil Code Section 815.7,the California Attorney General or any entity or individual with a
justiciable interest in the preservation ofthis Conservation Easement has standing as interested
parties in any proceeding affecting this Conservation Easement.
6.1.Costs ofEnforcement.Any costs incurred by Grantee or CDFG,where it
is the prevailing party,in enforcing the terms of this Conservation Easement against Grantor,
including,but not limited to,costs of suit and attorneys'and experts'fees,and any costs of
restoration necessitated by Grantor's negligence or breach ofthis Conservation Easement shall
be borne by Grantor.
6.2.Discretion of Grantee and CDFG.Enforcement of the terms ofthis
Conservation Easement by Grantee or CDFG shall be at the discretion of the enforcing party,and
any forbearance by Grantee or CDFG to exercise its rights under this Conservation Easement in
the event of any breach of any term ofthis Conservation Easement shall not be deemed or
construed to be a waiver by Grantee or CDFG of such term or of any subsequent breach of the
same or any other term ofthis Conservation Easement or of any of Grantee's rights (or any rights
ofCDFG as a third party beneficiary)under this Conservation Easement.No delay or omission
by Grantee or CDFG in the exercise of any right or remedy shall impair such right or remedy or
be construed as a waiver.
6.3.Acts Beyond Grantor's Control.Nothing contained in this Conservation
Easement shall be construed to entitle Grantee or CDFG to bring any action against Grantor for
any injury to or change in the Property resulting from:(i)any natural cause beyond Grantor's
control,including,without limitation,fIre not caused by Grantor,flood,storm,and earth
810965.4
6-12
movement,or any prudent action taken by Grantor under emergency conditions to prevent,abate,
or mitigate significant injury to persons or the Property resulting from such causes;or (ii)acts by
Grantee or its employees or CDFG or its employees.
6.4.Department ofFish and Game Right of Enforcement.All rights and
remedies conveyed to Grantee under this Conservation Easement shall extend to and are
enforceable by CDFG.These rights are in addition to,and do not limit,the rights of enforcement
under the NCCP.
7.Fence Installation and Maintenance.Grantor may install and maintain fencing
that is reasonably satisfactory to Grantee and CDFG to protect the conservation values of the
Property,including,but not limited to,wildlife corridors.
8.Access.Public access to the Property shall be consistent with the purposes of this
Conservation Easement.
9.Costs and Liabilities.Grantor retains all responsibilities and shall bear all costs
and liabilities of any kind related to the ownership,operation,upkeep,and maintenance ofthe
Property.Grantor agrees that CDFG shall not have any duty or responsibility for the operation,
upkeep or maintenance of the Property,the monitoring ofhazardous conditions thereon,or the
protection of Grantor,the pUblic or any third parties from risks relating to conditions on the
Property.Grantor remains solely responsible for obtaining any applicable governmental permits
and approvals for any activity or use permitted by this Conservation Easement,and any activity
or use shall be undertaken in accordance with all applicable federal,state,local and
administrative agency statutes,ordinances,rules,regulations,orders and requirements.
9.1.Taxes;No Liens.Grantor shall pay before delinquency all taxes,
assessments,fees,and charges of whatever description levied on or assessed
against the Property by competent authority (collectively "taxes"),including any
taxes imposed upon,or incurred as a result of,this Conservation Easement,and
shall furnish Grantee and CDFG with satisfactory evidence of payment upon
request.Grantor and Grantee each shall keep the Property free from any liens,
including those arising out of each of their respective obligations for any labor or
materials furnished or alleged to have been furnished at or for use on the Property.
9.2.Hold Harmless.Grantor shall hold harmless,protect and
indemnify Grantee and its directors,officers,employees,agents,contractors,and
representatives and the heirs,personal representatives,successors and assigns of
each of them (each a "Grantee Indemnified Party"and,collectively,
"Grantee's Indemnified Parties")and CDFG and its directors,officers,
employees,agents,contractors,and representatives,and the heirs,personal
representatives,successors and assigns of each of them (each a "CDFG
Indemnified Party"and,collectively,"CDFG's Indemnified Parties")from
and against any and all liabilities,penalties,costs,losses,damages,expenses
(including,without limitation,reasonable attorneys'fees and experts'fees),
causes of action,claims,demands,orders,liens or judgments (each a "Claim"
and,collectively,"Claims"),arising from or in any way connected with:
810965.4
6-13
(l)injury to or the death of any person,or physical damage to any property,
resulting from any act,omission,condition,or other matter related to or occurring
on or about the Property,regardless of cause,except that (a)this indemnification
shall be inapplicable to Grantee's Indemnified Parties with respect to any Claim
due solely to the negligence or willful misconduct of Grantee or any of its
employees and (b)this indemnification shall be inapplicable to CDFG's
Indemnified Parties with respect to any Claim due solely to the negligence or
willful misconduct ofCDFG or any of its employees;(2)the obligations specified
in Sections 4,9,and 9.1,and (3)with respect to the CDFG Indemnified Parties,
the existence or administration ofthis Conservation Easement.If any action or
proceeding is brought against any of the CDFG Indemnified Parties by reason of
any such Claim,Grantor shall,at the election of and upon written notice from
CDFG,defend such action or proceeding by counsel reasonably acceptable to the
CDFG Indemnified Party or reimburse CDFG for all charges incurred for services
ofthe California Attorney General in defending the action or proceeding.
9.3.Extingyishment.Ifcircumstances arise in the future that render the
purposes ofthis Conservation Easement impossible to accomplish,this
Conservation Easement can only be terminated or extinguished,in whole or in
part,by judicial proceedings in a court of competent jurisdiction.
9.4.Condemnation.The purposes ofthis Conservation Easement are
presumed to be the best and most necessary public use as defined at Code of Civil
Procedure Section 1240.680,notwithstanding Code of Civil Procedure
Sections 1240.690 and 1240.700.
10.Transfer of Easement.This Conservation Easement is transferable by Grantee,
but Grantee may assign this Conservation Easement only to CDFG or another entity or
organization authorized to acquire and hold conservation easements pursuant to Civil Code
Section 815.3 (or any successor provision then applicable)or the laws of the United States,
which is approved by Grantor and CDFG.Grantee shall require the assignee to record the
assignment in the county where the Property is located.
11.Transfer ofProperty.Grantor agrees to incorporate the terms of this Conservation
Easement by reference in any deed or other legal instrument by which Grantor divests itself of
any interest in all or any portion of the Property,including,without limitation,a leasehold
interest.Grantor further agrees to give written notice to Grantee and CDFG of the intent to
transfer any interest at least thirty (30)days prior to the date of such transfer.Grantee or CDFG
shall have the right to prevent subsequent transfers in which prospective subsequent claimants or
transferees are not given notice of the covenants,terms,conditions and restrictions of this
Conservation Easement.The failure of Grantor,Grantee or CDFG to perform any act provided
in this section shall not impair the validity of this Conservation Easement or limit its
enforceability in any way.
12.Notices.Any notice,demand,request,consent,approval,or communication that
any party desires or is required to give to the other parties shall be in writing and be served
"
810965.4
6-14
personally or sent by recognizecl overnight courier that guarantees next-day delivery or by first
class mail,postage fully prepaid,addressed as follows:
To Grantor:
To Grantee:
ToCDFG:
With a copy to:
City ofRancho Palos Verdes
30940 Hawthorne Boulevard
Rancho Palos Verdes,California 90275
Attn:City Manager
Facsimile:(310)377-9868
Palos Verdes Land Conservancy
916 Silver Spur Road,Suite 207
Rolling Hills Estates,California 90274
Attn:Executive Director
Department of Fish and Game
P.O.Box 944209
Sacramento,California 94244-2090
Attn:Regional Manager
Department of Fish and Game
Office of the General Counsel
1416 Ninth Street,12th Floor
Sacramento,California 95814-2090
Attn:General Counsel
or to such other address as Grantor,Grantee or CDFG may designate by written notice to the
other parties.Notice shall be deemed effective upon delivery in the case of personal delivery or
delivery by overnight courier or,in the case of delivery by first class mail,five (5)days after
deposit into the United States mail.
13.Amendment.This Conservation Easement may be amended by Grantor and
Grantee only by mutual written agreement and subject to the prior written approval of CDFG.
Any such amendment shall be consistent with the purposes of this Conservation Easement and
California law governing conservation easements and shall not affect its perpetual duration.Any
such amendment shall be recorded in the official records of Los Angeles County,State of
California.
14.General Provisions.
(a)Controlling Law.The interpretation and performance of this Conservation
Easement shall be governed by the laws of the State of California,disregarding the conflicts of
law principles of such state.
(b)Liberal Construction.Despite any general rule of construction to the contrary,
this Conservation Easement shall be liberally construed to effect the purposes of this
Conservation Easement and the policy and purpose of Civil Code Section 815,et seq.If any
provision in this instrument is found to be ambiguous,an interpretation consistent with the
810965.4
6-15
purposes of this Conservation Easement that would render the provision valid shall be favored
over any interpretation that would render it invalid.
(c)Severability.Ifa court ofcompetent jurisdiction voids or invalidates on its face
any provision ofthis Conservation Easement,such action shall not affect the remainder of this
Conservation Easement.If a court of competent jurisdiction voids or invalidates the application
of any provision ofthis Conservation Easement to a person or circumstance,such action shall not
affect the application of the provision to other persons or circumstances.
(d)Entire Agreement.This instrument sets forth the entire agreement of the parties
with respect to the Conservation Easement and supersedes all prior discussions,negotiations,
understandings,or agreements relating to the Conservation Easement.No alteration or variation
of this instrument shall be valid or binding unless contained in an amendment in accordance with
Section 13.
(e)No Forfeiture.Nothing contained herein will result in a forfeiture or reversion of
Grantor's title in any respect.
(f)Successors.The covenants,terms,conditions,and restrictions of this
Conservation Easement shall be binding upon,and inure to the benefit of.the parties hereto and
their respective personal representatives,heirs,successors,and assigns and shall constitute a
servitude running in perpetuity with the Property.
(g)Termination of Rights and Obligations.A party's rights and obligations under
this Conservation Easement terminate upon transfer of the party's interest in the Conservation
Easement or Property,except that liability for acts or omissions occurring prior to transfer shall
survive transfer.
(h)Captions.The captions in this instrument have been inserted solely for
convenience of reference and are not a part of this instrument and shall have no effect upon its
construction or interpretation.
(i)No Hazardous Materials Liability.Grantor represents and warrants that it has no
knowledge or notice of any Hazardous Materials (defined below)or underground storage tanks
existing,generated,treated,stored,used,released, disposed of.deposited or abandoned in,on,
under,or from the Property,or transported to or from or affecting the Property.Without limiting
the obligations of Grantor under Section 9.2,Grantor hereby releases and agrees to indemnify,
protect and hold harmless the Grantee Indemnified Parties and the CDFG Indemnified Parties
(each as defmed in Section 9.2)from and against any and all Claims (as defined in Section 9.2)
arising from or connected with any Hazardous Materials or underground storage tanks present,
alleged to be present,or otherwise associated with the Property at any time,except that (I)this
indemnification shall be inapplicable to the Grantee Indemnified Parties with respect to any
Hazardous Materials placed,disposed or released by Grantee,its employees or agents and
(II)this indemnification shall be inapplicable to the CDFG Indemnified Parties with respect to
any Hazardous Materials placed,disposed or released by CDFG,its employees or agents.This
release and indemnification includes,without limitation,Claims for (i)injury to or death of any
person--or physical damage to any property;and (ii)the violation or alleged violation of,or other
810965.4
6-16
failure to comply with,any Environmental Laws (defined below).If any action or proceeding is
brought against any ofthe CDFG Indemnified Parties by reason of any such Claim,Grantor
shall,at the election of and upon written notice from CDFG,defend such action or proceeding by
counsel reasonably acceptable to the CDFG Indemnified Party or reimburse CDFG for all
charges incurred for services of the California Attorney General in defending the action or
proceeding.
Despite any contrary provision of this Conservation Easement,the parties do not intend
this Conservation Easement to be,and this Conservation Easement shall not be,construed such
that it creates in or gives to CDFG any ofthe following:
(1)The obligations or liability of an "owner"or "operator,"as those
tenns are defined and used in Environmental Laws (defined below),including,without
limitation,the Comprehensive Environmental Response,Compensation and Liability Act of
1980,as amended (42 U.S.C.Section 9601 et seq.;hereinafter,"CERCLA");or
(2)The obligations or liabilities of a person described in 42 U.S.C.
Section 9607(a)(3)or (4);or
(3)The obligations of a responsible person under any applicable
Environmental Laws;or
(4)The right to investigate and remediate any Hazardous Materials
associated with the Property;or
(5)Any control over Grantor's or Grantee's ability to investigate,
remove,remediate or otherwise clean up any Hazardous Materials associated with the Property.
The tenn "Hazardous Materials"includes,without limitation,(a)material that is
flammable,explosive or radioactive;(b)petroleum products,including by-products and fractions
thereof;and (c)hazardous materials,hazardous wastes,hazardous or toxic substances,or related
materials defined in CERCLA,the Resource Conservation and Recovery Act of 1976 (42 U.S.C.
Section 6901 et seq.;hereinafter "RCRA");the Hazardous Materials Transportation Act (49
U.S.C.Section 6901 et seq.;hereinafter "HTA");the Hazardous Waste Control Law (California
Health &Safety Code Section 25100 et seq.;hereinafter "HCL");the Carpenter-Presley-Tanner
Hazardous Substance Account Act (California Health &Safety Code Section 25300 et seq.;
hereinafter "HSA"),and in the regulations adopted and publications promulgated pursuant to
them,or any other applicable Environmental Laws now in effect or enacted after the date of this
Conservation Easement Deed.
The tenn "Environmental Laws"includes,without limitation,CERCLA,RCRA,HTA,
HCL,HSA,and any other federal,state,local or administrative agency statute,ordinance,rule,
regulation,order or requirement relating to pollution,protection of human health or safety,the
environment or Hazardous Materials.Grantor represents,warrants and covenants to Grantee and
CDFG that activities upon and use of the Property by Grantor,its agents,employees,invitees and
contractors will comply with all Environmental Laws.
810965.4
6-17
(j)Warranty.Grantor represents and warrants that there are no outstanding
mortgages, liens,encumbrances or other interests in the Property (including,without limitation,
mineral interests),which have not been expressly subordinated to this Conservation Easement
that would materially affect the pmposes of this Conservation Easement Deed,and that the
Property is subject to the Conservation Easement(s)identified in Exhibit 3.
(k)Additional Easements.Grantor shall not grant any additional easements,rights of
way or other interests in the Property (other than a security interest that is subordinate to this
Conservation Easement),or grant or otherwise abandon or relinquish any water agreement
relating to the Property,without first obtaining the written consent of Grantee and CDFG.
Grantee or CDFG may withhold such consent if it determines that the proposed interest or
transfer is inconsistent with the pmposes of this Conservation Easement or will impair or
interfere with the conservation values ofthe Property.This Section 1400 shall not prohibit
transfer of a fee or leasehold interest in the Property that is subject to this Conservation Easement
and complies with Section 11.
(l)Recording.Grantee shall record this Conservation Easement in the Official
Records of Los Angeles County,California,and may re-record it at any time as Grantee deems
necessary to preserve its rights in this Conservation Easement.
IN WITNESS WHEREOF,the Parties have executed this Conservation Easement as of
the day and year first set forth above.
CITY:CITY OF RANCHO PALOS VERDES,a California
municipal corporation
By:
Thomas D.Long,Mayor
ATTEST:
By:
Carla Morreale,City Clerk
Approved as to form:
By:
Carol W.Lynch,City Attorney
[Signatures continue]
810965.4
6-18
CONSERVANCY:PALOS VERDES PENINSULA LAND
CONSERVANCY,a California non-profit corporation
By:
Kenneth W.Swenson,President,Board of Directors
By:
William Ailor,Director and President Emeritus
Approved as to fonn:
By:------------
William K Swank,Partner
Steptoe &Johnson LLP
633 West 5th Street,Suite 700
Los Angeles,California 90071
810965.4
6-19
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
)
)ss.
)
On ,2011,before me,,a
Notary Public in and for the State of California,personally appeared _
_________________,personally known to me (or proved to me on
the basis of satisfactory evidence)to be the person whose name is subscribed to the within
instnuhent and acknowledged to me that he/she executed the same in his/her authorized capacity,
and that by his/her signature on the instrument,the person,or the entity upon behalf of which the
person acted,executed the instrument.
WITNESS my hand and official seal.
Notary Public in and for the State of California
(SEAL)
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
)
)ss.
)
On ,2011,before me,, a
Notary Public in and for the State of California,personally appeared _
_________________,personally known to me (or proved to me on
the basis of satisfactory evidence)to be the person whose name is subscribed to the within
instrument and acknowledged to me that he/she executed the same in his/her authorized capacity,
and that by his/her signature on the instrument,the person,or the entity upon behalf of which the
person acted,executed the instrument.
WITNESS my hand and official seal.
Notary Public in and for the State of California
810965.4 6-20
(SEAL)
810965.4 6-21
1.EXHIBIT 1
LEGAL DESCRIPTION OF PROPERTY
6-22
Exhibit 2
2.0 Covered City Projects
The following proposed City projects are covered by the NCCP/HCP (see summary on Table 5-1
and Figure 5-2)and are pennitted by this conservation easement.All mitigation for City-Covered
Activities will occur within the Preserve.
2.1.1 Altamira Canyon Drainage Proj ect
The City has identified a project that proposes to place an impenneable liner along the portion of
the Canyon that traverses the active landslide area to prevent water from percolating into the
landslide plane.The removal of the Canyon's existing vegetation will cause the loss of2.5 acres
of CSS habitat and 3 acres ofnon-native grassland.Point locations for one gnatcatcher and one
PVB host"'plant occur in the project vicinity.Although this project is not being proposed at this
time,it is likely that the project will be actively pursued during the life of the NCCP/HCP.
2.2.2 Dewatering Wells
The installation of dewatering wells by the City in areas affected by landslides has proven to be
an effective method·of slowing tlown landslide movement by removing groundwater from the
slide plane.It is anticipated that new wells will be installed by the City in the future in or near
areas of existing CSS habitat and grassland throughout landslide areas.It is estimated a
maximum of 2.5 acres of CSS and 2.5 acres of non-native grassland will be impacted in the
Preserve.A point location for one gnatcatcher occurs in the project vicinity.
2.2.3 Landslide Abatement Measures
When and where required,landslide abatement activitie:s within the Preserve and throughout the
City are sometimes necessary by the City or other public agencies to safeguard existing roads,
trails and drainage systems.Such activities include,but are not limited to,the installation and
maintenance of groundwater monitoring wells and GPS stations (with associated equipment such
as pumps,electrical connections,drainage pipes and access pathways)for the purpose of
monitoring landslide movement,the filling of fissures,the re-contouring of slide debris,the
creation and maintenance of emergency access roads,and geologic investigations involving
trenching or boring perfonned mechanically or by hand (with allowance for access of any
necessary mechanical equipment).Where practicable,areas of temporary CSS disturbance will
be promptly re-vegetated with CSS habitat after completion of abatement activities.(see Section
6 of the Plan for details about the restoration plan).It is estimated that such landslide abatement
measures will result in the combined loss of a maximum of 5 acres of CSS habitat and 15 acres
of non-native grassland.It is estimated that two-thirds of the impacts will occur within the
Preserve.Point locations for two gnatcatchers and one island green dudleya occur in areas
potentially subject to landslides.
2.2.4 Miscellaneous Drainage Repair
The repair of existing drainage systems becomes necessary by the City in landslide areas because
of excessively heavy rainfall or damage by landslide movement.It is anticipated that there will
6-23
be a need to repair such drains on an as-needed basis.It is estimated that such activity will result
in the combined loss of a maximum of 10 acres of CSS habitat and 15 acres of non-native
grassland.It is estimated that two-thirds ofthe impacts will occur within the Preserve.Point
locations for two gnatcatchers,two aphanisma,one south coast saltscale,and one island green
dudleya occur in areas potentially subject to landslides.
2.2.5 Palos Verdes Drive East Drainage Improvement Project
Based on a comprehensive drainage study,the City has identified numerous drainage system
deficiencies in the eastern portion of the City along Palos Verdes Drive East (PVDE).To address
these drainage deficiencies,the City proposes to carry out 17 individual drainage improvement
projects over an extended period of time.Although it is anticipated that most ofthe projects will
occur }Vithin the existing improved street right-of-way,some projects may necessitate work in
the adjoining canyon areas.It is estimated that such activity will result in the combined loss of a
maximuni of5 acres ofCSS habitat and 15 acres ofnon-native grassland outside the Preserve.
Point locations for Covered species are not currently known from the proposed proj ect area.
2.2.6 Miscellaneous Drainage Improvements
The City anticipates that there will be the need to perform regular maintenance,repairs and
upgrades on drainage systems in the City not located within the Portuguese Bend Landslide Area
or the Palos Verdes Drive East drainage project.It is anticipated that the repair and improvement
ofthese drainage systems will be necessary from time to time due to unexpected storm damage
or due to the old age of the drainage systems.It is also anticipated that some of the projects may
necessitate the creation and/or maintenance of retention basins,debris basins,and access roads.It
is estimated that such activity could result in the combined loss of a maximum of 20 acres of
CSS habitat and 60 acres of non-native grassland outside the Preserve.Point locations for three
gnatcatchers,two cactus wrens,two PVB host-plants,one ESB host-plant,one aphanisma,one
island green dudleya and one wooly seablite occur in the vicinity of the proposed project(s).
2.2.7 Abalone Cove Beach Project
The City has identified a project that proposes to improve public access and beach amenities at
the existing Abalone Cove beach site.The project involves the construction of a restroom/storage
area,a gate house,parking lot,and shade structures,as well as improving the access road that
leads from Palos Verdes Drive South to the beach·and foot trails in the area.The grading
associated with the proposed project will cause the loss of 0.2 acre of CSS habitat and 1 acre of
non-native grassland within the Preserve.The Wildlife Agencies and California Coastal
Commission are requiring 0.5 acre ofCSS re-vegetation,all ofwhich will be performed on site
within the coastal zone ofthe Preserve.A point location for one island green dudleya occurs in
the vicinity of the proposed project.Although this project is not being proposed at this time,it is
likely that the project will be actively pursued during the life of the NCCP/HCP.
2.2.8 Rancho Palos Verdes Trails Plan Implementation
The City's Conceptual Trails Plan addresses existing and proposed trails outside and within the
Preserve.The portion of the Conceptual Trails Plan that addresses trails within the Preserve is a
part ofthe Public Use Management Plan (PUMP),which is a City Covered Project described
6-24
further in Section 9.2.1 of the Plan.It is anticipated that implementation of the City's Conceptual
Trails Plan,which includes the Preserve Trails Plan component (see Section 9.2.1.1 of the Plan),
will result in the loss of some CSS habitat.Although the establishment ofnew trails through CSS
habitat will be avoided where possible,it is anticipated that some trail maintenance,erosion
repair,and re-routing for public safety reasons may occur within habitat areas.It is estimated that
such activities will result in the combined loss of a maximum of 10 acres of CSS habitat and 30
acres of non-native grassland.It is estimated that one-half of the impacts will occur within the
Preserve.Point locations for two PVB hostplants,one ESB hostplant,one island green dudleya
and one wooly seablite occur in the vicinity ofthe proposed project.
2.2.9 Lower San Ramon Canyon Repair
It is an,ticipated that the City will undertake a major storm water project in the Lower San Ramon
Canyon to reverse the effects of erosion on the streambed in an attempt to reduce the active
Tarapaca landslide from blocking water flow.Geologic studies have identified a landslide in the
canyon that has the potential to create blockage of the stream flow.Blockage of the stream flow
could cause water to percolate into the adjacent South Shores landslide.The project will reduce
the likelihood ofreactivating the South Shores landslide,which could result in the loss of the
Switchbacks on Palos Verdes Drive East.It is estimated that the project will result in the loss of
a maximum of 10 acres ofCSS and 30 acres ofnon-native grassland.It is estimated that one-half
of the·impacts will occur in the Preserve.One point location for one gnatcatcher occurs in the
project vicinity.
2.2.10 Gateway Park
As part of the City's approved Vision Plan,the City is proposing to develop a gateway park,
including but not limited to a potential equestrian facility,within the Portuguese Bend active
landslide area of the City to provide a staging area for accessing the Preserve trail system.The
area will encompass 24.84 acres and be located adjacent to Palos Verdes Drive South between
the Cherry Hill privately-owned lots and Klondike Canyon.The area lies within the active
Portuguese Bend Landslide Area and is completely disturbed because of previous landslide
stabilization activities.The uses and activities in this area could include equestrian riding rings
and stables,outdoor educational program areas,and unpaved vehicular access roads and parking
areas.It is anticipated that development of the facility will result in loss of a maximum of 1 acre
ofCSS habitat and 13.6 acres of non-native grassland outside of the Preserve.Point locations for
one gnatcatcher and one cactus wren occur in the vicinity of the proposed project.
2.2.11 Lower Point Vicente
As part of the City's approved Vision Plan,the City is proposing to develop a
recreational/educational project and other visitor-serving uses in an area of City-owned land
referred to as Lower Point Vicente.The property is located between the Point Vicente
Lighthouse property owned by the Coast Guard and the Oceanfront Estates residential
development project.It is anticipated that development of the site may result in a maximum loss
of 1.5 acres of CSS and 11.2 acres of non-native grassland outside of the Preserve.One point
location for one ESB host-plant occurs in the vicinity ofthe proposed project.
6-25
2.2.12 Palos Verdes Drive South Road Repair
The City anticipates that due to continual landslide movement in the Portuguese Bend landslide
area,there will be a need to perform repair work on the portion ofPalos Verdes Drive South that
traverses the landslide,including but not limited to relocating the roadway if necessary.It is
anticipated that such road repair activity may result in a maximum of 5 acres of CSS habitat loss
and 15 acres of non-native grassland loss within the Preserve.One point location for one PVB
host-plant occurs in the vicinity of the proposed project.
2.2.13 Crestridge Affordable Housing Development
The City has developed an affordable housing project on a 2.88-acre CityIRDA-owned parcel.
The project site is located at the northwest comer of Crenshaw Boulevard and Crestridge Road.
It is anticipated that the development of the project will result in the loss of 0.5 acre ofCSS
habitat antl8.3 acres of non-native grassland outside the Preserve.
2.2.14 Upper Point Vicente
As part ofthe City's approved Vision Plan,the City is considering development of a
civic/cultural/community center at Upper Point Vicente Park.The project may result in a loss of
2 acres ofCSS and 22 acres of non-native grassland.It is estimated that one-half ofthe impacts
will occur within the Preserve.Point locations for one gnatcatcher and one cactus wren occur in
the vicinity of the proposed project.
2.2.15 Preserve Fuel Modification
The City and PVPLC are required to perform annual fuel modification for fire prevention
purposes within the Preserve by the Weed Abatement Division of the Los Angeles County
Department of Agricultural Commissioner.The location and amount of fuel modification
throughout the Preserve has been determined by the Los Angeles Weed Abatement Division in
conjunction with the Los Angeles County Fire Department (see Figure 5-1)and is based on
factors such as proximity of structures,steepness of slope,and fuel load.The methods for
carrying out the required fuel modification are described in Section 9.2.2 of the Plan.The
required City fuel modification is anticipated to result in a loss of 12 acres ofCSS and 17.9 acres
of non-native grassland in the Preserve.Changes to fuel modification that would result in greater
impacts than depicted in Table 2-1 would require additional review by the Wildlife Agencies
andPVPLC
(i)2.2.16 Utility Maintenance and Repair
The installation,maintenance and repair of utilities and related infrastructure facilities by the
City,other public agencies and/or utility companies,such as sewers,water,cable,telephone,gas,
power,and storm drains will occur throughout the City on an as needed basis.Installation of new
commercial antenna towers is not considered a Covered Activity.The installation,maintenance,
and repair are anticipated to permanently impact up to 10 acres of CSS and 20 acres of non-
native grassland throughout the life of the Permits.It is estimated that one-half of the impacts
will 013cur within the Preserve.
6-26
(ii)2.2.17 Flood in the Preserve
As discussed in Section 6.10.2.2 of the Plan,a flood in the Preserve has been identified as a
foreseeable Changed Circumstance.However,due to the narrow and steep configuration of the
drainage courses within the Preserve,it is very unlikely that a flood will damage existing or
restored CSS habitat within the Preserve.If flood damage within the Preserve requires repair
and/or remediation of public facilities,the repair work will be performed by the City's Public
Works Department and/or Los Angeles County Department of Public Works in consultation with
the PVPLC.It is estimated that the flood and related City response will result in temporary
impacts only.Up to 0.5 acre ofCSS and 1 acre of non-native grassland are estimated to be
permanently impacted in the Preserve.
(iii)2.2.18 Fire in the Preserve
As discussed in Section 6.10.2.2 of the Plan,a fire in the Preserve has been identified as a
foreseeable Changed Circumstance as the open space areas of the Preserve have a history of fire.
According to information obtained from the Los Angeles County Fire Department and archived
files ofThe Peninsula News (a local newspaper),in the last 20 years,there have been 11 known
fires within the Preserve properties that have ranged in size from 1 acre to 194 acres.This
averages out to approximately 2,fires in the Preserve per year with an average fire size of 56
acres.Thus,it can be expected that 112 acres (56 acres x 2)ofthe Preserve will be impacted by
fire per year.Since 52%(724.9/1,400.9)of the Preserve is composed ofCSS and 33.3%
(466.8/1,400.9)is composed of non-native grassland,a temporary loss of up to 58.2 acres ofCSS
(52%of 112 acres)and 41.4 acres ofnon-native grassland (37%of 112 acres)can be expected
per year.Fire is a natural feature of the region;therefore,under normal circumstances some
natural re-growth ofhabitat is expected.Mitigation for this temporary impact is described under
the "planned response for repetitive fires"in Section 6.10.2.1 of the Plan.
(iv)2.2.19 Unimproved City Park Projects
In addition to its developed parks,the City has a number of unimproved park sites that may be
improved in the future with recreational amenities.These unimproved parks sites include,but are
not limited to,l7.5-acre Grandview Park,l8.2-acre Lower Hesse Park,4.7-acre Vanderlip Park,
and I-acre Martingale Park.It is anticipated that development of these specific park facilities and
any other unimproved City park facilities will result in loss of a maximum of 10 acres of CSS
habitat and 20 acres ofnon-native grassland outside ofthe Preserve.
(v)2.2.20 Other Miscellaneous City Projects
It is foreseeable that during the life of the NCCP/HCP the City will undertake a City project
similar in character and impacts to those listed in Table 5-1 that is not specifically listed here as a
Covered Project.Such projects shall be considered Covered Projects provided the loss of CSS
habitat and non-native grassland for City projects proposed in the Preserve does not exceed the
total loss of habitat identified in Table 5-1 for City projects inside the Preserve and the total loss
ofhabitat for City projects proposed outside the Preserve does not exceed the total loss of habitat
identified in Table 5-1 allowed for City projects outside the Preserve.It is estimated that one-half
ofthe impacts will occur within the Preserve.
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Table 2-1.Total Loss of Habitat by City-Covered Projects and Activities
1.Altarnira Canyon Drainage Project
2.Dewatering Wells (10 Wells)
3.Landslide Abatement Activities
4.Misc.Landslide Damaged Drain Repair
5.PVDE Drainage Improvement Project
6.Misc.Drainage Improvement Projects
7.Abalone Cove Beach Project
8.*RPV Trails Plan Implementation
9.Lower San Ramon Canyon Repair
10.Gateway Park
11.Lower Point Vicente
12.Palos Verdes Drive South Road Repair
13.Crestridge Affordable Housing Project
14.Upper Pt.Vicente
15.Preserve Fuel Modification
16.Utility Maintenance and Repair
17.Flood in the Preserve
18.Fire in the Preserve (temporary loss excluded from totals)
19.Unimproved City Park Projects
20 Other misc.City projects
2.5
2.5
5.0
10.0
5.0
20.0
0.2
10.0
5.0
1.0
1.5
5.0
0.5
2.0
12.0
10.0
0.5
58.2
10.0
20.0
3
2.5
15.0
15.0
15.0
60.0
1.0
30.0
15.0
13.6
11.2
15.0
8.3
22.0
17.9
20.0
1.0
41.4
20.0
60.0
o
2.5
3.3
6.6
o
o
0.2
5.0
5.0
o
o
2.5
o
1.0
12.0
5.0
0.5
57.9
o
10.0
o
2.5
9.9
9.9
o
o
1.0
15.0
15.0
o
o
7.5
o
11.0
17.9
10.0
1.0
37.2
o
30.0
*Part of the PUMP,a covered City project (See Section 9.2 of this Plan)
**Total habitat loss (CSS and Grassland)is 567.8 acres,ofwhich 279.4 acres (49%)would occur in the Preserve.
o
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(b)2.3 Covered Private Projects
The following proposed private projects are covered by this NCCP/HCP (see Table 5-2 and
Figure 5-4).
(i)2.3.1 Lower Filiorum Development
If a development project is approved on the 94.2-acre Lower Filorum property,the owner will be
required as a condition of approval to dedicate to the Preserve a minimum of 40 acres of the
94.22-acre property,including a minimum 300-foot-wide functional wildlife corridor on the
southern edge of the property connecting to the Abalone Cove portion of the Preserve,as
depicted in Figure 5-3,as mitigation for impacts to biological resources.Any required fuel
modi:ti;cation for the proposed project will not encroach into the area dedicated to the Preserve,
including the 300-foot wildlife corridor.The City will work with the land owner to develop a
funding ptogram for management and monitoring the lands to be dedicated to the Preserve.The
intent of the 40-acre dedication required for this project is to maintain a viable wildlife corridor
through the Preserve after the proposed proj ect is approved and constructed.
Based on a biology report prepared by NRC in 2003,the Point View property is comprised of 70
acres ofnon-native grassland,2.5 acres ofCSS,9.4 acres of disturbed CSS,6.9 acres of exotic
woodland,and 5.2 acres of disturbed vegetation.The minimum of 40 acres of dedicated Preserve
shall include 1.5 acres to be provided as mitigation for previous brush clearing activities and 38.5
acres of mitigation for CSS and grassland losses resulting from any future development ofthe
94.22-acre Lower Filiorum parcel.
The inclusion of Lower Filiorum acreage in the Preserve will be a condition of approval for any
development project subsequently approved for the Lower Filiorum property.If no approvals are
obtained,there will be no obligation on the part of present or future property owner to dedicate
these lands to the Preserve.Likewise,identifying these lands for potential inclusion in the
Preserve in the text and maps of this NCCP/HCP does not constitute approval of development on
the Lower Filiorum property.
(ii)2.3.2 Portuguese Bend Club Remedial Grading
Because of its proximity to the active Klondike Canyon Landslide,the homeowners association
of the gated residential community known as the Portuguese Bend Club may need to perform
remedial grading on its property to prevent damage to its roads and to resident's homes.It is
anticipated that the remedial grading activity will take place on property owned by the
association,located on the western end ofthe community,or on the adjoining RDA-owned
property.It is anticipated that the remedial grading activity will result in a loss of 3 acres of CSS
habitat and 10 acres of non-native grassland.One point location for the cactus wren occurs in the
vicinity of this project.Mitigation for any impact to CSS habitat will be provided by the
Portuguese Bend Club by one of the following two methods:1)Dedication of additional acreage
to the Preserve that will add to the biological function of the Preserve (the approval of the City,
PVPLC,and the Wildlife Agencies is required for acreage to be dedicated to the Preserve,and
the property owner must provide management funding for the additional acreage according to a
Property Analysis Record or similar method);or 2)Payment of a Habitat In-Lieu Mitigation Fee
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to the City's habitat restoration fund discussed in Section 8.2.1.1 in an amount of $50,000 per
acre of impacted CSS habitat.The Habitat In-Lieu Mitigation Fee must be paid to the City prior
to the remedial grading taking place.The PVPLC and the City have determined that $50,000 (in
2011 dollars)is the cost to restore,maintain,and monitor 1 acre ofnative habitat.The $50,000
Habitat In-Lieu Mitigation Fee will be reviewed annually by the City and ifnecessary adjusted to
account for inflation and/or higher than expected restoration and management costs.
(iii)2.3.3 Plumtree Development
If a development project is approved on the 27-acre Plumtree property and the owner opts to rely
on this NCCP/HCP to mitigate any impacts to biological resources caused by the proposed
development project,all impacts to biological resources covered under this Plan on the 27-acre
Plumtree property will be considered adequately mitigated by the conveyance of 30 acres of
functional and connected habitat on the Upper Filiorum property (190 total acres)in 2009,as
described'in Section 4.2.1 ofthe Plan,which has been dedicated to the Preserve with the
appropriate conservation easement (see Appendix H to this Plan).Any required fuel modification
for a proposed project on the Plumtree parcel will not encroach into the area dedicated to the
Preserve.Based on a biology report prepared by NRC on August 14,2007,the 27-acre Plumtree
Parcel contains 19.7 acres ofnon-native grassland and 2.8 acres of disturbed CSS.In addition,
one pair of gnatcatchers was observed.
The donation of the 30-acre parcel by the property owner and its subsequent dedication to the
Preserve as mitigation for any future upland biological impacts does not constitute nor imply
approval of any subsequent development project on the Plumtree property by the City or
determination of consistency with the NCCP/HCP by the Wildlife Agencies.
2.3.3 Fuel Modification for Private Projects throughout the City
For new private development projects on vacant land in the City,all fuel modification required
by the Los Angeles County Fire Department and/or Los Angeles County Department of
Agricultural Commissioner as a result of such new projects will occur outside of the Preserve
unless the City and the Los Angeles County Fire Department and/or Agricultural Commissioner
agree that no other options exist.For existing private development,the Los Angeles County Fire
Department and Los Angeles County Department of Agricultural Commissioner have reviewed
the existing private development that abuts the Preserve and have determined the amount of
brush clearance needed within the Preserve to provide the code required fuel modification zone
for the protection of existing structures outside the Preserve (see Figure 5-1).
In situations where fuel modification must occur in the Preserve,impacts to vegetation shall be
mitigated by the project applicant using a 2:1 mitigation ratio for impacted CSS,a 0.5:1
mitigation ratio for impacted non-native grassland and a 3:1 mitigation ratio for impacted native
grassland (as described in Section 2.2.1)occurring in areas greater than 0.3 acre.Impacts to cacti
and other succulents within any required fuel clearing areas shall be minimized to preserve
habitat for the coastal cactus wren and other Covered Species.The total amount ofmitigation
required is calculated by multiplying the total acreage impacted by the required mitigation ratio
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for each habitat type.Said mitigation shall be provided by the property owner benefiting from
the fuel modification by one of the following two methods:1)Dedication of additional acreage
to the Preserve that will add to the biological function ofthe Preserve (the approval of the City,
PVPLC,and the Wildlife Agencies is required for acreage to be dedicated to the Preserve,and
the property owner must provide management funding for the additional acreage according to a
Property Analysis Record or similar method);or 2)Payment of a mitigation fee to the City's
habitat restoration fund described in section 8.2.1.1 in an amount of $50,000 per acre for the total
mitigation acreage required.The mitigation fee must be paid to the City prior to the fuel
modification taking place.The PVPLC and the City have determined that $50,000 (in 2011
dollars)is the cost to restore and maintain 1 acre of native habitat.The $50,000 mitigation fee
will be reviewed annually by the City and if necessary adjusted to account for inflation and/or
higher than expected restoration and management costs.
The anticipated loss from any fuel modification within the Preserve is not expected to exceed 10
acres ofCSS and 20 acres ofnon-native grassland.Any loss ofCSS beyond 10 acres is not a
NCCPIHCP Covered Activity.
(iv)2.3.4 Miscellan~ous Private Projects within the City and Outside of
Preserve
The City may issue a permit for any private project outside of the Preserve within the City which
impacts CSS habitat and is not specifically identified in this NCCPIHCP as a Covered Activity
provided the project impacts are located outside ofthe Preserve and the impacts are mitigated by
the project applicant as described in this section.
hnpactsto CSS shall be mitigated by the project applicant using a 1:1 mitigation ratio for
impacted CSS.Said mitigation shall be provided by the project applicant by the payment of a
Habitat In-Lieu Mitigation Fee to the City's habitat restoration fund discussed in section 8.2.1.1
in an amount of $50,000 per acre based on the total mitigation acreage required.The Habitat In-
Lieu Mitigation Fee must be paid to the City prior to issuance ofthe grading or building permit,
whichever comes first.The PVPLC and the City have determined that $50,000 (in 2011 dollars)
is the amount that is needed to restore,maintain,and monitor lacre of CSS.The $50,000
mitigation fee will be reviewed annually by the City and,if necessary,adjusted to account for
inflation and/or higher-than-expected restoration,management,and monitoring costs.
There are 23.4 acres of exotic woodland and 23.9 acres of disturbed vegetation located outside of
the Preserve or Neutral Lands that will be impacted by potential development with no mitigation
required for these communities under this NCCPIHCP.Furthermore,there are 156.9 acres of
CSS habitat outside of both the Preserve and Neutral Lands in addition to the CSS acreage
included in the specific private projects discussed in this Section 5.3 of the Plan (Table 5-2).
Since the CSS and grassland that exists outside the Preserve and Neutral Lands is not protected
under the Plan,it is assumed that all of this habitat could be lost over the life of this Plan as a
result ofmiscellaneous private projects.
Table 2-2.Total Loss of Habitat by Covered
Private Project and Activities
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1.Lower Filiorum Development 11.9 70.0
2.Portuguese Bend Club Remedial Grading 3.0 10.0
3.Plumtree Development 2.8 19.7
4.Misc.Projects within the City and outside of the 156.9 N/APreserve
5.Fuel Modification for rivate ro .ects
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(c)2.4 Other Covered Activities
The following Covered Activities are expected to occur within the Preserve due to short-and
long-term operation and maintenance requirements or emergency situations conducted by the
City,other public agencies,or utility companies.These activities are not expected to involve the
direct or indirect loss of Covered Species and/or habitat.Any activity not identified below as a
Covered Activity may not be initiated in the Preserve without written concurrence from the
Wildlife Agencies and notification to the PVPLC.The following Covered Activities shall adhere
to the avoidance and minimization measures outlined in Section 5.5 of the Plan as part of all
operations and authorizations to proceed with work,where applicable:
(i)2.4.1 Operation and Maintenance
• .Landslide abatement and monitoring activities that do not result in the loss of Covered
Species and/or habitat.The regular maintenance and repair of existing drainage facilities
and existing access roads within the Preserve that does not result in the loss of Covered
Species and/or habitat.
The creation ofnecessary access roads for the Covered Private Projects described in Section
5.3.of the Plan.The creation of the access road is not anticipated to result in the loss of
Covered Species and/or habitat.
•The maintenance of existing access roads in the Preserve provided there is no loss of
Covered Species and/or habitat.
•Emergency projects that are determined to be exempt from CEQA by the City pursuant to
Section 15269 of the State CEQA Guidelines provided the project is identified as a
covered City project in Section 5.2 ofthe Plan.
•Geologic testing and monitoring for public health and safety reasons,provided there is no
loss of covered species and/or habitat.
•Installation,maintenance,and repair of utilities and related infrastructure(s)that are
necessary to serve the Private Covered Projects identified in Section 5.2 of the Plan.
•Installation,maintenance,and repair of utilities and related infrastructure(s)provided
there is no loss of Covered Species and/or habitat.
•The maintenance and repair of existing water quality basins,retention basins,and debris
basins,provided there is no loss of Covered Species and/or habitat.
•Photography and filming,provided a City permit is obtained,no grading is involved,no
new access road or trails are created,and impacts to Covered Species and/or habitat are
avoided.
•City and Los Angeles County law enforcement activities.
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(ii)2.4.2 Public Use
Public access to the Preserve is allowed for passive recreational purposes and to promote
understanding and appreciation ofnatural resources.Excessive or uncontrolled access,however,
can result in habitat degradation through trampling and erosion (e.g.,along trails)and disruption
of breeding and other critical wildlife functions at certain times ofthe year.In order to balance
the public's passive recreational needs with the protection of natural resources within the
Preserve,a Public Use Master Plan (PUMP)has been developed jointly by the City,the public,
and PVPLC to address public access issues.The PUMP is a proposed City Covered Project
incorporated into the Plan;therefore,it must be approved by the Wildlife Agencies as part of the
NCCP/HCP before the activities,including the Preserve Trails Plans,will be allowed.The
following public uses and activities,which conform to the PUMP,are considered allowable uses
in the Preserve under this Plan:
•Public use and implementation of the Preserve Trails Plan (PTP)contained in the
Wildlife Agency-approved PUMP.Section 9.2.1.1 of this Plan provides the design
criteria and guidelines that will be used for the PTP.
•Closure of existing trails within the Preserve that are not included in the PTP,as
approved by the City Council and Wildlife Agencies.
•Passive recreational activities (e.g.horse riding,hiking,bicycling,wildlife viewing)as
described in the PUMP and approved by the City and Wildlife Agencies.
•Subject to the PUMP,the creation and maintenance of passive overlook or vista areas
with seating benches and trail markers may be located at key vista points near existing
trails in the Preserve,provided no existing habitat will be lost.The location of these
overlooks shall be located to avoid or minimize direct and indirect impacts to biological
resources.The location ofthese overlooks will be approved by City Council.
•Installation and maintenance of benches,picnic tables,tie rails,portable toilets,and trash
cans within the Preserve and near Preserve boundaries,provided no existing habitat will
be lost.The location of these facilities shall be sited to avoid or minimize direct and
indirect impacts to habitat and Covered Species.Location of overlooks shall be reviewed
for consistency with the PUMP and this Plan and approved by the City Council prior to
initiation of any implementation work.
•Installation of trailhead signage/kiosks within the Preserve adjacent to existing roads or
other access ways and away from sensitive resource areas.The location of trailhead
signage/kiosks shall be reviewed for consistency with the PUMP and this Plan and
approved by the City prior to initiation of any implementation work
•Operation and maintenance of the existing archery range in its current location and
acreage (approximately 8 acres)within the Preserve,provided the appropriate City
permits are maintained and the facility is not expanded.
6-34
•Operation of the existing agricultural use at Upper Point Vicente of approximately 5
acres in size provided the appropriate City lease agreement is maintained and all
agricultural practices and improvements remain consistent with this NCCP/HCP.No
other agricultural activities are allowed in the Preserve.
•Night use of the Preserve,provided use is limited,controlled,monitored,and managed
through a permit issued by the City.Any night use of the Preserve shall be consistent
with the requirements of this Plan.
(iii)2.4.3 Preserve Management
Management of the Preserve in accordance with the provisions described in Sections 8.0 and 9.0
of the Plan is a Covered Activity.Specific management of Covered Activities that are anticipated
to occur in the Preserve include the following:
•Monitoring of Covered Species
•Habitat restoration
•Invasive species control
•Predator control
•Reintroduction of Covered Species
•Photo documentation
•Installation of signage
•Trail maintenance
•Field research and studies designed to contribute to the long-term protection of habitats
and species and other basic research of habitats and species included in the Preserve.
(d)
Activities
2.5 Habitat Impact Avoidance and Minimization Measures for Covered
The City will ensure implementation of the following avoidance and minimization measures as
enforceable conditions in all permits,operations,and authorizations to proceed with the Covered
Activities listed in Sections 5.2 through 5.4 ofthe Plan:
1.The City will review proposed plans for covered activities within and abutting the
Preserve (e.g.,access routes,staging areas)to ensure proposed Covered Activities are
consistent with this NCCP/HCP.
2.The City and its Preserve Habitat Manager (i.e.,PVPLC)will ensure that access to the
Preserve to carry out Covered Activities is consistent with the approved Preserve Access
Protocol that is required to be created pursuant to Section 6.5.2 of this Plan.When
accessing the Preserve,utility agencies and the City's Public Works Department must
take measures to avoid and minimize,to the maximum extent possible,environmental
,damage,including damage to habitat and Covered Species.Existing access roads in the
6-35
Preserve should be used wherever practical.Any unavoidable access routes outside
existing roads or construction areas should be clearly marked.Any new roads,trails,and
utility corridors will be located in areas that minimize habitat fragmentation and edge
effects.The width of construction corridors and easements will be minimized.
3.The City and/or responsible private project applicants will be responsible for ensuring
that an Erosion Control Plan is developed and implemented for any Covered Activities in
the Preserve or abutting the Preserve that might result in erosion as determined by the
City.Potential erosion control measures include siltation fencing,straw bales,sand bags,
etc.
4..When stockpiling topsoil in the Preserve or on vacant lots abutting the Preserve,it should
be,placed only in areas that minimize the damage to habitat.
5.For any new development on vacant lots abutting the Preserve,construction staging areas
will be located at least 15 meters (50 feet)away from the Preserve boundary and natural
drainages.No-fueling zones will extend a minimum distance of 15 meters (50 feet)from
all drainages and away from the Preserve boundary.
6.Construction footprints for Covered Activities in the Preserve or abutting the Preserve
will be clearly defmed with flagging and/or fencing and will be removed upon
completion of the Covered Activities.
7.Cut/fill slopes outside of fuel modification zones within the Preserve will be re-vegetated
with native species,or in the case of fuel modification zones,native plants recommended
by Los Angeles County for fuel modification zones.
8.Side-casting of materials during trails,road,and utility construction and maintenance
within the Preserve will be avoided.
9.Where feasible and appropriate,dust generated by the construction for Covered Activities
within the Preserve or on vacant lots abutting the Preserve will be controlled via watering
of earthmoving areas and non-paved roads and an off-highway speed limit restriction to
20 miles per hour (mph).
10.Any temporary safety or security night lighting for Covered Activities in the Preserve or
on vacant lots abutting the Preserve will be selectively placed,shielded,and directed
away from all native vegetative communities.
11.Prior to implementation of Covered Activities within the Preserve or on vacant lots
abutting the Preserve that may impact Covered Species,the City will provide an
education program to all personnel associated with project activities.The education
program will describe 1)the potential presence of Covered Species and their habitats,2)
,the requirements and boundaries of the project (e.g.,areas delineated on maps and by
flags or fencing),3)the importance of complying with avoidance and minimization
6-36
measures,4)environmentally responsible construction practices,S)identification of
sensitive resource areas in the field,and 6)problem reporting and resolution methods.
12.Any biologist used for the implementation of this NCCP/HCP,including implementing
these measures,will be subject to the Wildlife Agencies'review and approval.The City
will submit the biologist's name,address,telephone number,resume,and three
references (i.e.,the names and contact information of people familiar with the relevant
qualifications of the proposed biologist)at least 10 working days prior to initiating work.
If the Wildlife Agencies do not respond within this 10-day period,the City will assume
that the biologists are approved.
13:Any construction or maintenance activity,including fuel modification activities,in the
P~eserve related to the Covered City and Private Projects described in Sections 5.2 and
5.3 of the Plan which is proposed to occur within 100 feet of any CSS will be scheduled
to avoid the bird breeding season (February I5-August 31)since such activities might
impact breeding birds.If,due to an urgent public health or safety concern determined by
the City and Wildlife Agencies,these activities must occur from February I5-August 31
and within 100 feet of any CSS,gnatcatcher,and cactus wren pre-construction surveys
will be conducted to determine nesting activity.Pre-construction surveys will consist of
three survey days over a one-week period,including one survey within three days of
construction.Survey results will be submitted to the City,PVPLC,and Wildlife
Agencies.If nesting activity is detected,then all construction activity must occur outside
of a 100-foot avoidance bufferlbarrier zone to attenuate noise surrounding each nest or as
approved by the Wildlife Agencies.No birds shall be disturbed or taken.Construction
noise levels should not exceed 65 elBA Leq within the buffer zone.The buffer zones and
noise limits will be implemented until the nestlings fledge.The status of the nest will be
monitored,and a report with recommendations will be submitted to the Wildlife
Agencies for review prior to discontinuing the noise limits and nest buffers.
14.For bird species that are not federally listed or covered by the NCCP/HCP,if vegetation
clearing must occur in the,Preserve during the bird breeding season under the
circumstances described in 13 above (defined here as February 15-August 31),a pre-
construction nest survey will be conducted and a 100-feet avoidance/exclusion zone or a
buffer/barrier zone to attenuate noise deemed appropriate by the Wildlife Agencies will
be placed around all active nests (i.e.,active nests with eggs or chicks)until the nestlings
fledge or the nest fails.No take of fully protected species is allowed under this Plan (see
Section 1.2.2 of the Plan).
15.Covered Plant Species maybe removed from impact areas and relocated to an adjacent or
suitable location within the Preserve,in coordination with the Wildlife Agencies.The
6-37
City and its Habitat Manager shall be notified at least ten (10)working days prior to
impacts for potential salvaging and relocation opportunities.
16.Construction and maintenance activities within 50 feet of occupied PVB and ESB habitat
will be avoided during their respective flight seasons (January IS-May 15 for PVB;June
IS-September 15 for ESB)to the maximum extent practicable.If,due to an urgent public
health or safety concern determined by the City and Wildlife Agencies,these activities
must occur during the flight seasons then the removal of host-plants will be conducted by
qualified biologist familiar with the butterfly species and their host-plants.If host-plants
are removed,they will be replaced in the project vicinity.The City and its Habitat
Manager shall be notified at least ten (10)working days prior to impacts for potential
.salvaging and relocation opportunities.
17.Ir'known,occupied PVB or ESB habitat will be impacted under the circumstances
described in 16 above,Wildlife Agencies will be notified a minimum of sixty (60)days
prior to initiation of any Covered Activity and given the opportunity to capture,rescue,
and/or trans-locate PVB or ESB or their host-plants,if necessary and appropriate.
18.No new lighting shall be allowed in the Preserve except where essential for roadway,
facility use,and safety and security purposes.When necessary,light sources abutting the
Preserve will be oriented downward and away from habitat areas,and shielded,if
necessary,so that the lighting does not impact wildlife and native vegetation.
19.Pre-construction surveys for raptor during the breeding season (January 31 -September
30),where evidence of foraging and/or nesting is present,shall be conducted by a
qualified biologist prior to any project construction or grading activities in the Preserve.
If nesting raptors are present,a 100-feet avoidance/exclusion zone or a buffer/barrier
zone to attenuate noise deemed appropriate by the Wildlife Agencies will be placed
around all active nests (i.e.,active nests with eggs or chicks)until the nestlings fledge or
the nest fails.No take of Fully Protected Species is allowed under this Plan (See Section
1.2.2 of the Plan).
20.All project landscaping,erosion control and re-vegetation efforts within and abutting the
Preserve shall use native re-vegetation/landscaping to the extent practicable and avoid
those species listed on the California Invasive Plant Council's (Cal-IPC)Invasive Plant
Inventory (see Section 5.6.4 and Appendix D of the Plan).This requirement shall be
incorporated as enforceable conditions in all City permits,operations,and authorizations
to proceed.
21.Any proposed new or re-Iocated trail within or abutting the Preserve shall comply with
the requirements of the Wildlife Agency-approved PUMP and this Plan.The design
-criteria and guidelines in Section 9.2.1.1 of this Plan shall be used by the City and its
6-38
Preserve Habitat Manager (PVPLC)in developing and implementing the PUMP,
including the Preserve Trail Plan component.These guidelines place an emphasis on
avoiding or minimizing impacts to CSS habitat and Covered Species,including:1)
providing a 25-foot setback to coastal bluffs;2)using existing access roads wherever
practical;3)any new trails,shall be located in areas that minimize habitat fragmentation
and edge effects (e.g.,maximum of 4 foot-wide in core areas);4)seasonally rotating or
limiting use to minimize degradation;and 5)providing a 30-foot upland buffer along
major drainages.
6-39
Exhibit 3
Existing Conservation Easement(s)
6-40