20140204 Late CorrespondenceCITY OF RANCHO PALOS VERDES
COMMUNITY DEVELOPMENT DEPARTMENT
January 16, 2014
NOTICE
NOTICE IS HEREBY GIVEN that the City Council of the City of Rancho Palos Verdes will
·conduct a public hearing on Tuesday, February 4, 2014, at 7:00 PM at Hesse Park
Community Building, 29301 Hawthorne Boulevard, Rancho Palos Verdes, to consider:
Z0~2007-00492 (CUP Review of the St. John Fisher. Master Plan for
Carrion Bells and Outdoor Lighting): A review of the effectiveness of the
Conditions of Approval for the carillon bells and exterior lighting surrounding the
new sanctuary at the corrier of Crest Road and Crenshaw Blvd. As part of this
specific review, the City Council may add, delete or modify any of the existing
Conditions of Approval related to the carillon bells or exterior lighting to further
minimize any impacts to surrounding properties and public rights-of-way.
Additional reviews of other aspects of the St. John Fisher Master Plan project
will come at a later date.
LOCATION: 5448 CREST ROAD
PROPERTY OWNER: THE ROMAN CATHOLIC ARCHBISHOP OF LOS ANGELES
All interested parties are invited to submit written comments and to attend and give
testimony. If you have any comments or concerns about the carillon bells or exterior
lighting, please communicate those thoughts in writing to Staff, attention Associate Planner
Leza Mikhail, January 30, 2014. By doing so, you will ensure that your comments are taken
into consideration for the Staff analysis of the carillon bells and exterior lighting. All
correspondence received after this date will be given separately to the City Council prior to
the meeting. Written materials, including emails, submitted to the City are public records
and may be posted on the City's website. In addition, City meetings may be televised and
may be accessed through the City's website. Accordingly, you may wish to omit personal
information from your oral presentation or written materials as it may become part of the
public record regarding an agendized item. Only those who have submitted written
comments at or prior to, and/or given testimony at the public hearing will receive notification
of the decision.
If you would like the opportunity to review the current carillon bell schedule or exterior
lighting schedule, you may view the St. John Fisher Master Plan Conditions oLApproval
online at http://www.palosverdes.com/rpv/planning/st-john-fisher/index.cfm. Additionally,
plans for the St. John Fisher Master Plan area available to view in the Community
Development Department at 30940 Hawthorne Boulevard, Rancho Palos Verdes, and are
-:rkm=lf-
ST. JOHN FISHER MASTER PLAN
(CASE NO. ZON2007-00492)
JANUARY 16, 2014
PAGE 2
available for review from 7:30 AM to 5:30 PM Monday through Thursday, and from 7:30 AM
to 4:30 PM Friday.
If you have any questions concerning the review of the carillon bells or exterior lighting
as the St. John Fisher property, please contact Associate Planner, Leza Mikhail at (310)
544-5228, or via e-mail at lezam@rpv.com.
NOTE: STATE GOVERNMENT CODE SECTION 65009 NOTICE: If you challenge this application in
court, you may be limited to raising only those issues you or someone else raises in written
correspondence delivered to the City of Rancho Palos Verdes during the public review period
described in this notice.
PLEASE PUBLISH IN THE PENINSULA NEWS ON THURSDAY, JANUARY 16, 2014
From:
Sent:
To:
Subject:
Dear RPV City Council,
ezstevens@cox.net
Tuesday, February 04, 2014 5:00 PM
cc
Clarification of the Coastal Specidication Plan.
I would like the City Council to give a full Interpretation and Clarification of the Coastal Specific Plan at tonight's
meeting as I am totally confused .
It sometime appears that for different projects along our Coast there are different interpretations instead of the same
one to everyone to protect our Open Coastal View Corridor for the Public & future Generations to Enjoy.
Thanking you in advance .
Edward Stevens
32418 Conqueror ~rive.
45 year resident
1
CrTYOF RANCHO PALOS VERDES
TO:
FROM:
DATE:
SUBJECT:
HONORABLE MAYOR & CITY COUNCIL MEMBERS
CITY CLERK
FEBRUARY 4, 2014
ADDITIONS/REVISIONS AND AMENDMENTS TO
AGENDA**
Attached are revisions/additions and/or amendments to the agenda material presented
for tonight's meeting:
Item No.
G
3
Future Agenda Items
Respectfully submitted,
{/u&_~
Carla Morreale
Description of Material
Follow-up Correspondence from Senator Lieu's office
regarding Rancho LPG Facility
Umbrella Agreement with Bank of the West for
Banking Services
Staff response to email from Lenee Bilski; Email from
Tiffany Lee
** PLEASE NOTE: Materials attached after the color page(s) were submitted
through Monday, February 3, 2014**.
W:\AGENDA\2014 Additions Revisions to agendas\20140204 additions revisions to agenda.doc
Subject: FW: Response letters re: Rancho facility
Attachments: Letter from CSFM 2.pdf; Response letter from OES.pdf
From: Kit Fox
Sent: Tuesday, February 04, 2014 2:14 PM
To: Teresa Takaoka
Subject: FW: Response letters re: Rancho facility
Late Correspondence on Border Issues (Item G)
Kit Fox, AICP
City of Rancho Palos Verdes
(310) 544-5226
kitf@rpv.com
From: Zivkovic, Jennifer [mailto:Jennifer.Zivkovic@sen.ca.gov]
Sent: Tuesday, February 04, 2014 2:10 PM
To: Kit Fox
Subject: Response letters re: Rancho facility
Good Afternoon Kit,
Per our conversation, please find attached an updated response letter from the State Fire Marshal and a letter from the
Governor's Office of Emergency Services regarding the Rancho facility. Please let me know if you have any
questions. Thanks.
Regards,
Jennifer Zivkovic
District Director
Office of Senator Ted W. Lieu, 28th District
2512 Artesia Blvd., Suite 320
Redondo Beach, CA 90278
Phone: 310-318-6994
Fax: 310-318-6733
1 G;.
STATE'. OF CAl.IFORNIA-NATl.JnAt RESOURCES AGENCY
DEPARTMENT OF FORESTRY AND FIRE PROTECTION
OFFICE OF THE STATE FIRE MARSHAL
P.O. Box !!44241:1
SACRAMENTO, CA 94244•2460
(91 $) 445.SllOO
Wl!Cl$Ue: www.llrl!.cagov
February 3, 2014
The Honorable Ted W. Lieu
Senator, Twenty Eighth Senate District
state Capitol, Room 4061
Sacramento, California 95814
Re:· Clarification of Jurtsdlctional Authority for Rancho liquefied Propane Gas {LPG)
Holdings LLC. Facility
Dear Senator Lieu:
Thank you for your inquiry requesting additional clarification on the jurisdictional authority of the
Department of forestry and Fire Protection's (CAL FlRE's) Office of the State Fire Marshal (OSFM) in
regards to the Rancho LPG HOidings LLC. facinty located at 2110 North Gaffey Street in San Pedro,
California.
The OSFM's Pipeline Safety DMsion previously had a portion of regulatory jurisdiction at the Rancho
LPG fscllity dating back to 1985. The former owners (Petrolane and Amerigas) operated two pipelines
from this facility to the Port of Los Angeles. These lines were taken out of service ln 2008, at which
point the OSFM ceased regulatory jurisdiction stnce the facility no longer used these pipelines.
Subsequently, the OSFM learned that some of the tanks at the facility were being used for remote
storage for a BP refinery (now Tesoro}. Liquid Butane was being shipped back and forth from the BP
refinery to the Rancho LPG facility through a Valero pipeline. The OSFM determined, after reviewing
federal interpretations of jurisdiction for breakout tanks, discussions with the operator, and a field visit
in 2011. that these butane pipeline systems. vessels, and tanks at the Rancho LPG facflity are under
the regulatory responsibility of the OSFM. Specifically, the OSFM is responslble for inspecting Butane
Tanks 1 and 2, and vessels V-1 and V~C2. An inspection of these systems was conducted by the
OSFM in March 201.2. No safety issues or violations were found. It is our understanding that the
remainder of the facilfty is under the regulatory jurisdiction of the Los Angeles Fire Department
If you have any additional questions, please contact CAL FIRE's Deputy Director for leglslatton,
Caroline Godkin,. at (91 S) 653-5333 or caronne.godkin@fire.ca.gov.
4 ~
TONYA . HOOVER
State Fire Marshaf
"The DqmrtmcnJ o.f Fr;r·csfly1111d Fire f'rolct'lfon serves and safegi1ordv th~ people rmrJprqter:t: the fl'YJfnrty and resource.~ of C11lifomta "
EDMUND G. BROWN JR.
GOVERNOR
December 26, 2013
The Honorable Ted W. Lieu
Senator, Twenty Eighth Senate District
2512 Artesia Boulevard, Suite 320
Redondo Beach, CA 90278
Dear Senator Lieu:
s
MARKS. GMILARDlJCCI
DIRHCl'OR
I am writing in response to a letter you received from the State Fire Marshal's Office. asking that you
contact the California Governor's Office of Emergency Services regarding a San Pedro facility
storing ha7,ardous materials. Thank you for taking the time to share your concerns.
The agencies that have direct oversight authority over facilities that store hazardous materials are the
local Certified Unified Program Agencies (CUPA), California Environmental Protect.ion Agency
(Cal EPA), and the United States Environmental Protection Agency (US EPA). The CUPA for this
facility is the Los Angeles County Fire Department. The point of contact for the CUPA is Bill Jones,
M.S., Chief, Health Haz-Mat Division. He can be reached at (323) 890-4042, and should be able to
provide answers to the specific questions posed in your original letter to the State Fire Marshal.
Cal OES is aware of this particular facility, as it has been the subject of much discussion over the last
year. Cal OES has monitored the situation through the Local Emergency Planning Cornmittee
(LEPC), but has no immediate jurisdictional authority in the management or oversight of this facility.
Numerous inspections of this facility by Feder<&!, State and local regulators have taken place in the
past year and the facility has been found to be adhering to all local, state and federal laws, regulations
and safety measures. According to the LEPC, inspections have determined that all standards for
storing hazardous materials have been met.
I appreciate the opportunity to assist you with this issue. Please do not hesitate to contact me directly
at (916) 845-8506 if you have any further questions or concerns on this, or any othennatter.
Sincerely,
MARK S. GHILARDUCCI
Director
3650 SCHRIEVER AVENUE, MATHER, CA 95655
(916) 845~8506 TELEPHONE (916) 845 8511 FAX
CITY OF RANCHO PALOS VERDES
UMBRELLA AGREEMENT WITH BANK OF THE WEST FOR BANKING SERVICES
THIS AGREEMENT is made and effective as of , between the City of Rancho
Palos Verdes, a municipal corporation ("City") and Bank of the West, a California corporation
("Bank"). In consideration of the mutual covenants and conditions set forth herein, the parties
agree as follows:
1. TERM. The term of this Agreement for Banking Services ("Umbrella Agreement") shall
commence on the date first written above ("Effective Date") and shall remain in effect for four
years until , 2018 ("initial term"), unless sooner terminated or renewed as provided
herein. In addition to the foregoing, City may elect to extend the expiration date of the initial
term for two additional extensions of one year each ("renewal term"), at City's sole discretion,
on the terms and conditions set forth herein. Notice of renewal shall be given by written notice
served on.Bank by the City Manager, City Finance Director, or City Treasurer at least thirty (30)
days prior to the then-current expiration date in accordance with Section 17 of this Umbrella
Agreement. If City fails to provide written notice of renewal prior to the expiration date of the
initial term or a renewal term, the Umbrella Agreement shall be terminated upon the expiration
date.
2. PURPOSE; PRECEDENCE OF UMBRELLA AGREEMENT.
a. This Umbrella Agreement shall serve as the master agreement for all banking
services provided by Bank to City. The terms of this Umbrella Agreement shall supersede and
take precedence over any conflicting or inconsistent terms or conditions of any of the following:
(i) any exhibits attached to this Umbrella Agreement as Exhibits A through N, inclusive, or any
of them and described in Section 3, below, (ii) any other documents incorporated into any of the
above agreements or Exhibits, and/or (iii) any addition to, deletions from or other amendments to
the above-identified documents, notwithstanding any provision of any agreement or Exhibits A
through N, or any of them, to the contrary, except to the extent such other term or condition is
required by federal or state law or specifically agreed to by City.
b. Exhibits A through N, and each of them, attached hereto and incorporated herein,
s~t forth the terms and conditions for the Services to be provided by Bank for City.
c. If any provision of Exhibits A through N, or any of them, is unilaterally amended
by Bank subsequent to the execution of this Umbrella Agreement, the terms of this Umbrella
Agreement shall prevail and take precedence over any such amendments in the event of any
conflicts or inconsistency, notwithstanding any term or condition of such Exhibits or
amendments to the contrary, except to the extent such amendments are required by federal or
state law or specifically agreed to by City.
d. This Umbrella Agreement, and the Services performed by Bank pursuant to this
Umbrella Agreement, are subject to California law with respect to municipal corporations,
including but expressly not limited to, Article 2 of Chapter 4 of Part 1 of Division 2 of Title 5
(commencing with Section 53630) (Deposit of Funds), of the California Government Code
Page 1of14
1685822-1 3
("Code"). Bank shall provide the Services in accordance with the requirements of the Code, and
all other provisions of federal and state law with regard to funds and investments of municipal
corporations, notwithstanding any other provision of Exhibits A through N, or any of them, to
the contrary.
3. SERVICES. Bank shall perform banking services ("Services") for City in accordance
with the documents attached hereto as Exhibits A through N, described as follows:
Exhibit A: Bank's Proposal for Banking Services, dated October 22, 2012;
Exhibit B: Pricing Pro-Forma;
Exhibit C: Sample Authorization Letter;
Exhibit D: Deposit Account Signature Card -Public Agency;
Exhibit E: Deposit Account Signature Card -Addendum;
Exhibit F: Designation of System Administrator;
Exhibit G: Contract for Deposit of Funds;
Exhibit H: Authorization & Agreement for Cash Management Services [revision date
05/01/13];
Exhibit I: Cash Management Terms & Conditions [effective May 1, 2013];
Exhibit J: Insurance Requirements;
Exhibit K: Deposit Account Disclosure for Business Accounts [effective June 1, 2008];
Exhibit L: Collateral Inventory [as of June 14, 2013]
Exhibit M: Corporate Rewards Application (purchasing card) and Commercial Card
Agreement Corporate Reward Card Terms and Conditions [Document #040-08374
(10/11)]; and
Exhibit N: Bring-Down Letter dated January 30, 2014.
Exhibits A through N, attached hereto, are incorporated herein by this reference and made a part
hereof. All Services shall be provided in accordance with the schedule of performance set forth
in Exhibit A.
4. PERFORMANCE. Bank shall at all times faithfully, competently and to the best of
Bank's ability, experience, and talent, perform all Services described herein. Bank represents to
City that Bank's officers, officials, employees, agents, subcontractors and independent
contractors have the qualifications necessary to perform the tasks described herein. Bank shall
employ, at a minimum, generally accepted standards and practices utilized by persons engaged in
providing similar services as are required of Bank hereunder in meeting its obligations and
Page 2 of14
1685822-1
performing the Services required under this Umbrella Agreement. Bank shall perform each task
and service in accordance with reasonable commercial standards applicable to Bank's business;
laws, regulations and operating circulars governing the activities of Bank; applicable funds
transfer system(s) and clearinghouse rules; and the service documentation. Bank shall exercise
at least the same degree of care commonly exercised by banks and other service providers
providing similar services to public agencies in California.
5. PRICING. Bank will provide "fixed" pricing of the services to be delivered during the
initial term of this Umbrella Agreement, in accordance with the "Pricing Pro Forma" attached as
Exhibit B to this Umbrella Agreement and incorporated herein by this reference. Bank reserves
the right to alter or amend its pricing in the event that (1) the initial term of the Umbrella
Agreement is extended by City for any additional one-year terms; or (2) there is a change in
regulatory charges imposed by the Bank's primary regulator required by applicable Federal and
State banking regulations that would adversely affect the Bank's cost of pricing assumptions.
There will be no increase in contract pricing retroactively or prospectively if City gives notice of
termination with or without cause prior to the expiration of the four year term. Bank shall give
City not less than 60 (sixty) days prior written notice of any proposed change in pricing. Notice
shall be sent in accordance with Section 17 of this Umbrella Agreement. If City discontinues use
of a service prior to the date the proposed fee change becomes effective, City will not be bound
by the change in the fee. If Bank discontinues a service that was part of the fixed pricing, but
offers a substantially similar service, the fixed pricing shall apply to the new service. In
accordance with Section 3, above, of this Agreement, in the event of any conflict between the
pricing set forth in this Umbrella Agreement, Bank's Proposal For Banking Services (Exhibit A)
and Bank's Pricing Pro Forma (Exhibit B), on the one hand, and any other Exhibit made a part of
this Umbrella Agreement, on the other hand (or any amendment to any provision of any such
Exhibit following the effective date of this Umbrella Agreement), the terms of this Umbrella
Agreement and Exhibits A and B shall take precedence. Any costs or charges contained in
Exhibits A and C through N, or any of them that are not set forth in Bank's Pricing Pro Forma
(Exhibit B) shall be void and have no force and effect.
6. PAYMENT.
a. The City agrees to pay Bank monthly, in accordance with the fixed pricing set
forth in the Pricing Pro-Forma, attached hereto as Exhibit B and incorporated herein by this
reference as though set forth in full, based upon the Services performed in the previous month.
b. Bank shall submit written account analyses statements monthly for Services
performed, unless alternate arrangements have been made and agreed to by City in writing. Such
analyses statements shall be delivered by Bank to City on or about the first business day of each
month, for Services performed in the previous month. Payment of any undisputed fees shall be
made by City within thirty (30) days of receipt of each analyses statement. If City disputes any
of Bank's fees, City shall give written notice to Bank within thirty (30) days of receipt of any
account analyses statement containing any disputed fees. Written notice shall be given in
accordance with Section 17 of this Umbrella Agreement.
c. Bank shall not be compensated for any services rendered in connection with its
performance of this Umbrella Agreement which are in addition to those set forth herein, unless
Page 3of14
1685822-1
such additional services are authorized in advance and in writing by one of the following City
officials: the City Manager, Finance Director, Treasurer, or Deputy Director of Finance and
Information Technology. Bank shall be compensated for any additional services in the amounts
and in the manner as agreed to by the City representative and Bank at the time City's written
authorization is given to Bank for the performance of said additional services. The City
representative may approve additional work pursuant to this Subsection ( c) not to exceed twelve
thousand dollars ($12,000.00) per fiscal year. Any additional work per year in excess of the
$12,000.00 annual cap shall require the prior written approval of the City Council pursuant to an
amendment to this Umbrella Agreement.
7. TERMINATION OF AGREEMENT WITHOUT CAUSE.
a. Termination by the City
1) The City may terminate this Umbrella Agreement (or any portion of the
Services contemplated in the Umbrella Agreement) with or without cause, and at any time, by
giving the Bank not less than thirty (30) days notice of such action. Termination of this
Umbrella Agreement shall correspondingly terminate all subordinate agreements except as may
otherwise be stated in City's notice of termination. City's notice of termination shall be in
writing and signed by the City Treasurer, Finance Director or City Manager of City, and
delivered in accordance with Section 17 of this Umbrella Agreement. The 30-day notice period
shall not apply if City terminates the Umbrella Agreement due to Bank's failure to maintain any
of the insurance policies required under the Umbrella Agreement. The Default provision set
forth in Section 8 shall not modify or restrict City's right to terminate or suspend this Umbrella
Agreement at any time, with or without cause and without providing Bank with any reasonable
"cure" period.
2) Upon receipt of said notice, Bank shall promptly, and to the extent
permissible based on City's activity with reference to the banking services being performed,
cease all work under this Umbrella Agreement and any other subordinate agreements, unless the
notice provides otherwise. If the City terminates a portion of this Umbrella Agreement, such
termination shall not make void or invalidate the remainder of this Umbrella Agreement.
3) In the event this Umbrella Agreement is terminated pursuant to this
Section, City shall pay to Bank the actual value of the work performed up to the time of
termination. In order to receive payment from the City following termination, within ten (10)
calendar days of receipt of notice of termination, the Bank shall submit an invoice to the City
pursuant to Section 6 for any Services performed up to and including the effective date of
termination.
b. Termination by Bank
1) The Bank may terminate this Umbrella Agreement with or without cause,
and at any time, by giving the City not less than one hundred-eighty (180) days notice of such
action.
2) Nothing in the forgoing shall prevent the Bank from terminating this
Umbrella Agreement or altering any Service being delivered to the City in order to fulfill Bank's
Page 4of14
1685822-1
obligations under state or federal law or to remain in compliance with applicable banking
regulations.
8. DEFAULT OF BANK.
a. Bank's failure to comply with the provisions of this Umbrella Agreement shall
constitute default. In the event that Bank is in default under the terms of this Umbrella
Agreement, City shall have no obligation or duty to continue compensating Bank for any work
performed after the date of default and can terminate this Umbrella Agreement and/or any
Services immediately by written notice to Bank in accordance with Section 7 of this Umbrella
Agreement. Any failure by Bank to perform the Services required by this Umbrella Agreement
or its violation of any provision of this Umbrella Agreement as a result of any event of force
majeure (as defined in Section 9) shall not be considered a default. If Bank declines to cure the
default, City may immediately terminate this Umbrella Agreement by written notice in
accordanc.e with Section 7 of this Umbrella Agreement.
b. If the City Manager or his or her delegate determines that Bank is in default in the
performance of any of the terms or conditions of this Umbrella Agreement, it may but shall not
· be required to serve Bank with written notice of the default. Bank shall have a maximum of
thirty (30) days after service upon it of said notice in which to cure the default by rendering a
satisfactory performance. In the event that Bank fails to cure its default within such period of
time, City shall have the right, notwithstanding any other provision of this Umbrella Agreement,
to terminate this Umbrella Agreement without further notice and without prejudice to any other
remedy to which it may be entitled at law, in equity or under this Umbrella Agreement.
c. Nothing contained in this Section 8 shall supersede or modify City's right to
terminate this Umbrella Agreement or any portion thereof for any reason, or no reason, on thirty
days prior written notice in accordance with Section 7.
9. FORCE MAJEURE. No party shall have any liability to the other hereunder by reason of
any delay or failure to perform any obligation or covenant if the delay or failure to perform is
occasioned by force majeure, meaning any act of God, storm, fire, casualty, unanticipated work
stoppage, strike, lockout, labor dispute, civic disturbance, riot, war, national emergency, act of
Government, act of public enemy, or other cause of similar or dissimilar nature beyond its
control.
10. OWNERSHIP OF AND ACCESS TO DOCUMENTS. Bank shall maintain complete
and accurate records with respect to sales, costs, expenses, receipts and other such information
required by City that relate to the performance of Services under this Umbrella Agreement.
Bank shall maintain adequate records of the Services provided in sufficient detail to permit an
evaluation of the Services. All such records shall be maintained in accordance with generally
accepted accounting principles. Such records, together with supporting documents, shall be
maintained for such period of time as may be required by law.
11. WARRANTIES. Bank shall warrant for at least the first year of the agreement that the
system and all component parts necessary to provide Services to the City will perform as
Page 5 of14
1685822-1
described in the Service Proposal (Exhibit A) and each subordinate document set forth in
Exhibits B through N.
12. INDEMNIFICATION.
a. Bank's Duty to Defend and Indemnify; Limitations of Liability
1) To the maximum extent permitted by law, and subject to Subsections (2)
through (5) of this Section 12(a), Bank shall defend, indemnify, and hold City, and City's elected
and appointed officials, officers, employees, and agents (collectively the "Indemnitees"), free
and harmless from all claims, liabilities, suits, actions, expenses, costs or financial loss of any
kind (hereinafter collectively "Claims"), whether actual, alleged, or threatened (including
without limitation reasonable attorney's fees, court costs, interest, expert witness fees and other
reasonable defense costs incurred by City), where the same arise out of, or are connected with, in
whole or in part, any acts or omissions of Bank and/or Bank's officers, employees, agents or
contractor's in connection with the performance of this Umbrella Agreement or any of the
subordinate agreements attached hereto as exhibits. Bank shall defend the Indemnitees in any
action or actions filed in connection with any such Claims with counsel of City's choice.
2) Bank shall not be required to defend, indemnify and hold harmless the
City for any Claims to the extent arising out of or resulting from any of the following:
(a) The City's ordinary negligence or gross negligence, or willful
misconduct, or the ordinary negligence, gross negligence, and/or willful misconduct of any of the
City's officials, officers, employees or agents;
(b) The City's material breach of the Umbrella Agreement or any of the
subordinate agreements attached hereto as exhibits;
(c) Any material ambiguity, inaccuracy or omission in any instruction or
information provided to Bank by City if City fails to clarify such material ambiguity, inaccuracy
or omission within a reasonable period of time after Bank has given reasonable notice to City of
such material ambiguity, inaccuracy or omission;
(d) Any error, failure or delay in the transmission or delivery of data,
records or items by Bank due to a breakdown in any City computer, utility or communications
facility or due to a breakdown in any third party's computer, utility or communications facility
where City contracted with, retained and/or used the computer, utility and/or communications
faciility of such third party to assist City in performing the Services under this Umbrella
Agreement or any of the subordinate agreements attached hereto as exhibits; or
(e) Bank's performance of its obligations under this Umbrella Agreement
and any subordinate agreements shall be extended for a reasonable period of time if Bank's
performance of Services, under the Umbrella Agreement or any subordinate agreement was
delayed or prevented as a result of any of the causes set forth in Subsections( a) through (d).
3) Duty to Correct. If Bank makes an error, upon written notice or discovery
of the error, Bank will, to the extent reasonably possible, correct the error(s) promptly.
Page 6 of14
1685822-1
4) Nothing in Subsections (2) and (3) of this Section 12(a) shall relieve Bank
from the duty to defend, indemnify and hold harmless the City for any Claims to the extent
arising out of or resulting from any of the following:
(a) The application of any any federal or state statute, regulation or other
law imposed on Bank by any regulatory or other governmental agency arising out of or in any
way related to Bank's performance of the Services required under this Umbrella Agreement or
any of the subordinate agreements attached hereto as exhibits, whether or not the application of
such statute, regulation and/or other law arises out or results from Bank's violation of such state,
regulation or other law;
(b) Bank's ordinary negligence, gross negligence and/ or willful
misconduct, or the ordinary negligence, gross negligence, and/or willful misconduct of any of
Bank's officers, employees or agents;
(c) Bank's breach of the Umbrella Agreement or any of the subordinate
agreements attached hereto as exhibits; or
(d) Bank's failure to correct any violation on notice of default m
accordance with Section 8 of this Umbrella Agreement.
5) Limitations of Liability. Except for losses caused by Bank's gross
negligence or willful misconduct, Bank's liability for every loss, cost, or liability arising from
Bank's errors, whether caused by acts or omissions, is limited to the average monthly charge for
the bank services in question for the six-month period preceding the date of loss. Bank shall not
be liable, under any circumstances for any loss of goodwill. IN NO EVENT SHALL BANK BE
LIABLE TO CITY FOR LOSS OF PROFITS OR SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES EXCEPT TO THE EXTENT ARISING FROM BODILY INJURY
OR DEATH.
b. Indemnification by City; Limitations of Liability.
1) Duty to Defend and Indemnify. To the maximum extent permitted by law,
and subject to Subsections (2) through (4) of this Section 12(b), City shall defend, indemnify,
and hold Bank, and Bank's officers, employees, and agents (collectively the "Indemnitees"), free
and harmless from all claims, liabilities, suits, actions, expenses, or costs (hereinafter collectively
"Claims"), whether actual, alleged, or threatened (including without limitation reasonable
attorney's fees, court costs, interest, expert witness fees, and other reasonable defense costs
incurred by Bank), where the same arise out of, or are connected with, in whole or in part, City's
performance of its obligations under this Umbrella Agreement or any of the subordinate
agreements attached hereto as exhibits. City shall defend the Indemnitees in any action or
actions filed in connection with any such Claims with counsel of Bank's choice.
2) City shall not be required to defend, indemnify and hold harmless the
Bank for any Claims to the extent arising out of or resulting from any of the following:
Page 7of14
1685822-1
a) Bank's ordinary negligence, gross negligence, or willful misconduct, or
the ordinary negligence, gross negligence, and/or willful misconduct of any of Bank's officers,
employees or agents;
b) Bank's material breach of the Umbrella Agreement or any of the
subordinate agreements attached hereto as exhibits;
c) Any material ambiguity, inaccuracy or omission in any instruction or
information provided to City by Bank ifBank fails to clarify such material ambiguity, inaccuracy
or omission within a reasonable period of time after City has given reasonable notice to Bank of
such material ambiguity, inaccuracy or omission;
( d) Any error, failure or delay in the transmission or delivery of data,
records or items by City due to a breakdown in any Bank computer, utility or communications
facility or.any computer, utility or communications facility of any third party;
( e) The application of any government or funds-transfer system regulation
by any governmental authority to Bank whether or not the application of such regulation results
from Bank's violation of such regulation; or
(f) City's performance of its obligations under this Umbrella
Agreement and any subordinate agreements shall be extended for a reasonable period of time if
the City's performance of Services under the Umbrella Agreement or any subordinate agreement
was delayed or prevented as a result of any of the above causes set forth in Subsections(a)
through (e).
3) Nothing in Subsection (2) of this Section 12(b) shall relieve City from the
duty to defend, indemnify and hold harmless Bank for any Claims to the extent arising out of or
resulting from any of the following:
(a) City's violation of any federal or state statute, regulation or other law
imposed on City in connection with deposit or investment of funds under this Umbrella
Agreement or any of the subordinate agreements attached hereto as exhibits;
(b) City's ordinary negligence, gross negligence and/or willful
misconduct;
(c) City's breach of the Umbrella Agreement or any of the subordinate
agreements attached hereto as exhibits; or
( d) City's failure to correct any violation on notice of default m
accordance with Section 8 of this Umbrella Agreement.
4) Limitations of Liability. In addition to the foregoing limitations, City
shall not be liable, under any circumstances for any loss of goodwill. IN NO EVENT SHALL
CITY BE LIABLE FOR LOSS OF PROFITS OR SPECIAL OR CONSEQUENTIAL
DAMAGES EXCEPT TO THE EXTENT ARISING FROM BODILY INJURY OR DEATH. IN
NO EVENT SHALL CITY BE LIABLE FOR EXEMPLARY DAMAGES.
Page 8of14
1685822-1
c. The indemnity requirements contained in this Section 12 apply regardless of
insurance coverage.
13. INSURANCE REQUIREMENTS.
a. Bank shall procure and maintain for the duration of this Umbrella Agreement
insurance against claims for injuries to persons or damages to property which may arise from or
in connection with the performance of the work hereunder by Bank, its officers, employees,
agents, subcontractors and representatives, in accordance with the requirements set forth in
Exhibit J. All such insurance shall be acceptable to City's Risk Manager. If Bank uses existing
coverage to comply with these requirements and that coverage does not meet the requirements
set forth herein, Bank shall amend, supplement or endorse the existing coverage to do so.
14. INDEPENDENT CONTRACTOR.
a. Bank is and shall at all times remain as to City a wholly independent contractor.
The personnel performing the services under this Umbrella Agreement on behalf of Bank shall at
all times be under Bank's exclusive direction and control. Neither City nor any of its officers,
employees or agents shall have control over the conduct of Bank or any of Bank's officers,
employees, agents, or subcontractors, except as set forth in this Umbrella Agreement. Bank shall
not at any time or in any manner represent that it or any of its officers, employees or agents are
in any manner officers, employees or agents of City. Bank shall not incur or have the power to
incur any debt, obligation or liability whatever against City, or bind City in any manner.
b. No employee benefits shall be available to Bank or any of its officers, employees,
agents, representatives, independent contractors or subcontractors in connection with the
performance of Services under this Umbrella Agreement. City shall not pay any compensation
for the Services performed pursuant to this Umbrella Agreement except as provided in Section 5
and 6 and the Pricing Pro-Forma (Exhibit B). Under no circumstances shall City pay salaries,
wages, or other compensation to officers, employees, agents, representatives, independent
contractors or subcontractors of Bank for their performance of any of the Services required
hereunder for City. City shall not be liable for compensation or indemnification to Bank for
injury or sickness arising out of performing any Services hereunder. Bank shall pay all required
taxes on amounts paid to Bank or any of its officers, employees, agents, contractors and other
persons under this Umbrella Agreement.
15. LEGAL RESPONSIBILITIES. Bank shall keep itself informed of State and Federal laws
and regulations which in any manner affect those employed by it or in any way affect the
performance of its Services pursuant to this Umbrella Agreement. Bank shall at all times
observe and comply with all such laws and regulations. City, and its elected and appointed
officials, officers and employees, shall not be liable at law or in equity occasioned by failure of
Bank to comply with this section.
16. RELEASE OF INFORMATION.
a. All information gained by Bank in performance of this Umbrella Agreement shall
be confidential and shall not be released by Bank without City's prior written authorization
unless required by applicable law. Unless required by applicable law, Bank and its officers,
Page 9of14
1685822-1
employees, agents, representatives, subcontractors, and/or independent contractors shall not,
without written authorization from the City Manager or unless requested by the City Attorney,
voluntarily provide declarations, letters of support, testimony at depositions, response to
interrogatories or other information concerning any Services performed under this Umbrella
Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided
Bank gives City notice of such court order or subpoena where permitted by law. Nothing in this
provision shall relieve or release Bank from any obligations it may have to comply with
applicable federal or state law with respect to notice to consumer, privacy and/or confidentiality,
independent of any provision of this Umbrella Agreement
b. Bank shall promptly notify City, where permitted by law, should Bank, its
officers, employees, agents or subcontractors be served with any summons, complaint, subpoena,
notice of deposition, request for documents, interrogatories, request for admissions or other
discovery request, court order or subpoena from any person regarding this Umbrella Agreement
and the work performed thereunder or with respect to any project or property located within the
City. City retains the right, but has no obligation, to represent Bank and/or be present at any
deposition, hearing or similar proceeding. Bank agrees to cooperate fully with City and to
provide City with the opportunity to review any response to discovery requests provided by Bank
at City's expense. However, City's right to review any such response does not imply or mean the
right by City to control, direct, or rewrite said response. Nothing in this Umbrella Agreement
shall constitute a waiver of City's rights to take any legal or equitable action deemed necessary
by City to respond to any such subpoena, court order and/or discovery request, too protect the
confidentiality or use of such document or other information which is the subject of the
subpoena, court order and/or discovery request.
17. NOTICES. Any notices which either party may desire to give to the other party under
this Umbrella Agreement must be in writing and may be given either by (i) personal service, (ii)
delivery by a reputable document delivery service, such as but not limited to, Federal Express,
that provides a receipt showing date and time of delivery, or (iii) mailing in the United States
Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the
party as set forth below or at any other address as that party may later designate by Notice:
1685822-1
To City: City of Rancho Palos Verdes
30940 Hawthorne Blvd
Rancho Palos Verdes, California 90275
Attention: City Manager
With a copy to: City Treasurer
To Bank:
City of Rancho Palos Verdes
30940 Hawthorne Blvd
Rancho Palos Verdes, California 90275
Attention: City Manager
Attention: ------
Page 10 of14
18. ASSIGNMENT. Bank shall not assign, transfer or subcontract any interest in this
Umbrella Agreement or the performance of any of Bank's obligations, duties or responsibilities
under this Umbrella Agreement, or any part thereof, or any monies due hereunder, without prior
written consent of City. Any attempt by Bank to so assign, transfer or subcontract any rights,
duties or obligations shall be void and of no effect. Notwithstanding the foregoing, City
acknowledges and agrees that Bank may utilize independent contractors or subcontractors to
provide some of Services required herein, unless the parties agree otherwise in writing. Bank
shall remain primarily responsible for the performance of any independent contractor or
subcontractor in connection with this Umbrella Agreement.
19. LICENSES. At all times during the initial term of this Umbrella Agreement, and any
renewal term, Bank shall have and maintain in full force and effect, all licenses, permits, and
regulatory approvals required of it by law for the performance of the services and responsibilities
described.in this Umbrella Agreement.
20. LIMITATION OF ACTIONS; NOTICE PERIODS.
a. If any legal or equitable action is filed by Bank or City for any loss, damage or
claims arising out of (a) either Party's acts or omissions in performing this Umbrella Agreement
or any of the Exhibits A through N, or any of them, attached hereto, (b) the breach or default by
either Party of any terms and conditions of this Umbrella Agreement or any breach of any terms
and conditions of any Exhibits A through N, attached hereto, and/or (c) either Party's acts or
omissions in performing any Services required under this Umbrella Agreement or any of the
Exhibits attached hereto, the applicable statute of limitations for filing such legal or equitable
action shall be governed by California statutory law or federal statutory law.
b. The terms of this Section shall take precedence and supersede any unilateral
amendment by Bank to any Exhibit subsequent to the effective date of this Umbrella Agreement.
21. NONDISCRIMINATION. In the performance of this Umbrella Agreement, Bank shall
not discriminate against any customer, any employee, subcontractor, or applicant for
employment, or any officer, employee, agent or volunteer of City, because of race, color, creed,
religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical .
condition or sexual orientation. Bank shall take affirmative action to ensure that customers,
employees, subcontractors, applicants for employment, and officers, employees, agents and
volunteers of the City are treated without regard to their race, color, creed, religion, sex, marital
status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual
orientation.
22. WAIVER. Waiver by either party of any one or more of the conditions of performance
under this Umbrella Agreement shall not be a waiver of any other condition of performance
under this Umbrella Agreement. In no event shall any payment to Bank constitute or be
construed as a waiver by City of any breach of covenant, or any default that may then exist on
the part of Bank, and such payment by City shall in no way impair or prejudice any right or
remedy available to City with regard to such breach or default.
Page 11 of14
1685822-1
23. SEVERABILITY. If any term or portion of this Umbrella Agreement is held to be
invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Umbrella Agreement shall continue in full force and effect.
24. GOVERNING LAW. This Umbrella Agreement shall be governed and construed in
accordance with the laws of the State of California.
25. LITIGATION. In the event of litigation between the parties, venue in the State courts
shall lie exclusively in Los Angeles County Superior Court. In the event of litigation in a United
States District Court between the parties, venue shall lie exclusively in the Central District of
California. Any remedies set forth in this Umbrella Agreement shall be cumulative and in
addition to any other remedies at law or in equity.
26. ATTORNEY'S FEES. The prevailing party in any litigation brought in any federal or
state court to enforce any provision of this Umbrella Agreement, or any provision of Exhibits A
through N', or any of them, will be entitled to recover reasonable attorney's fees and costs
incurred in connection with the arbitration or litigation, through final decision, as established by
a court or jury. This provision supersedes any attorney's fee provision contained in Exhibits A
through N, or any of them.
27. VOLUNTARY ALTERNATIVE DISPUTE RESOLUTION.
a. If a dispute arises with respect to any provision of this Umbrella Agreement, the
parties may jointly agree to first try in good faith to settle the dispute by voluntary mediation
pursuant to the mediation rules of the American Arbitration Association.
b. If the claim or controversy is not settled by mediation, the parties may agree to
submit the claim or controversy to voluntary arbitration in accordance with the commercial rules
and regulations of the American Arbitration Association and the provisions of the California
Arbitration Act (California Code of Civil Procedure §§ 1280 through 1294.2), and the
substantive law of the State of California. All statutes of limitation shall apply to any arbitration
proceeding. All discovery activities shall be limited to matters directly related and relevant to
the claim or controversy being arbitrated. The arbitration shall take place in a location mutually
agreed upon by the parties. The parties may propose arbitrators from JAMS, ADR, ARC, or any
other independent arbitrator/neutral person for dispute resolution. The parties are not required to
hire an AA arbitrator for resolution of a dispute hereunder. No arbitration shall include by way
of consolidation or joinder any parties or entities not a party to the Umbrella Agreement without
the express written consent of City and Bank, and any party or entity sought to be joined with an
express reference to this provision. Any party or entity joined in the arbitration, after mutual
consent, shall be bound by this provision. In any voluntary arbitration undertaken pursuant to
this Section, the arbitrator shall not have the power or authority to award any punitive or
exemplary damages against City. The decree or judgment of an award rendered by the
arbitrator(s) may be entered in any court having jurisdiction.
c. No provision of this Section shall limit the right of any party to exercise self-help
remedies such as setoff, foreclosure against or sale of real property or personal property
collateral or security, or to obtain provisional or ancillary remedies, including without limitation,
Page 12 of14
1685822-1
injunctive relief, sequestration, attachment, garnishment, or the appointment of a receiver, from
any court of competent jurisdiction before, during or after the pendency of any mediation,
arbitration or other proceeding. The exercise of any such remedy shall not waive the right of any
party to request voluntary mediation or arbitration pursuant to this section.
28. AMENDMENT. This Umbrella Agreement may only be modified by written
amendment signed by authorized representatives of both parties.
29. CONTRACT INTERPRETATION. In the event of any asserted ambiguity in, or dispute
regarding the interpretation of any matter herein, the interpretation of this Umbrella Agreement
shall not be resolved by any rules of interpretation providing for interpretation against the
drafting party.
30. ENTIRE AGREEMENT. This Umbrella Agreement contains the entire understanding
between the parties relating to the obligations of the parties described in this Umbrella
Agreement. All prior or contemporaneous agreements, understandings, representations and
statements, oral or written, are merged into this Umbrella Agreement and shall be of no further
force or effect. Each party is entering into this Umbrella Agreement based solely upon the
representations set forth herein and upon each party's own independent investigation of any and
all facts such party deems material.
31. AUTHORITY TO EXECUTE UMBRELLA AGREEMENT. Each Party hereto
represents and warrants to one another that the person executing this Umbrella Agreement on
his/her/its behalf is a representative duly authorized to bind such Party and is empowered to enter
into this Umbrella Agreement on such Party's behalf.
32. SURVIVORSHIP OF PROVISIONS. Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 15,
16, 18, 20, 23, 24, 25, 26, 27, 28, 29, 30 and 31 shall survive the termination or expiration of this
Umbrella Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Umbrella Agreement to be
executed the day and year first above written.
BANK OF THE WEST CITY OF RANCHO PALOS VERDES
By: ______________ _ By: ______________ ~
Name: Lori Becker Name: Jerry Duhovic
Title: Government Banking Manager Title: Mayor
[PLEASE NOTE: Compliance with Corporations Code Section 313 is required if the entity is a
corporation. Alternatively, a single signature is acceptable if the corporation provides a certified copy of a
corporate resolution attesting to the signatory's authority to bind the corporation.]
Page 13of14
1685822-1
Attest:
City Clerk
Exhibits:
Exhibit A:
Exhibit B:
Exhibit C:
Exhibit D:
Exhibit E:
Exhibit F:
Exhibit G:
Exhibit m
Exhibit I:
Exhibit J:
Exhibit K:
Exhibit L:
Exhibit M:
Exhibit N:
1685822-1
Bank's Proposal for Banking Services, dated October 22, 2012
Pricing Pro-Forma
Sample Authorization Letter
Deposit Account Signature Card -Public Agency
Deposit Account Signature Card -Addendum
Designation of System Administrator
Contract for Deposit of Funds
Authorization & Agreement for Cash Management Services [revision date
05/01/13]
Cash Management Terms & Conditions [effective May 1, 2013]
Insurance Requirements
Deposit Account Disclosure for Business Accounts [effective June 1, 2008]
Collateral Inventory [as of June 14, 2013]
Corporate Rewards Application (purchasing card) and Commercial Agreement
Corporate Reward Card Terms and Conditions [#040-08374 (10/11)]
Bring-Down Letter dated January 30, 2014
Page 14of14
From: Joel Rojas
Sent:
To:
Tuesday, February 04, 2014 3:40 PM
Lenee Bilski; cc
Cc:
Subject:
PlanningCommission; Valerie Blitz; Carol Lynch <clynch@rwglaw.com>; Leza Mikhail
RE: Future agenda items
Dear Council Members
As a way of background, there is a project involving a new house at 3344 Palos Verdes Dive West that was originally
approved by the City's Planning Commission, not appealed to the City Council but then subsequently appealed by the
Coastal Commission. On appeal, the Coastal Commission approved the Coastal Permit last December for a revised
project. The associated Grading and Site Plan Review Application that the Coastal Commission did not act upon is
scheduled to be heard by the Planning Commission next Tuesday. The Coastal Commission's decision (and original PC
decision) on the Costa I Permit is generating some questions/issues from some members of the public in advance of
Tuesday's PC hearing. Hence, this request for the City Council to take up the matter of Coastal Specific Plan
implementation on a future agenda.
With regards to the next Tuesday's PC meeting on the project at 3344 PVDW, pursuant to the Municipal Code and state
planning law, the Planning Commission must make its determination about the aspects of the project over which the
City has jurisdiction, which is the grading permit and site plan. Those decisions then can be appealed to the City
Council.
Joel
From: Lenee Bilski [mailto:leneebilski@hotmail.com]
Sent: Tuesday, February 04, 2014 3:11 PM
To: CC
Cc: PlanningCommission; Valerie Blitz
Subject: Future agenda items
Feb.4,2014
Dear Mayor Duhovic and Council members,
I am writing to ask that the implementation of the Coastal Specific Plan be put on a future agenda. This is an
urgent plea to bring this forward at tonight's Council meeting.
There are a number of issues with the RPV Coastal Specific Plan that need City Council input before any more
city actions are taken on proposals in the coastal zone.
1) Recently an Applicant was not informed at the very beginning of the application process for a coastal
zone property of the Coastal Specific Plan regarding height limitations to preserve public views.
With plans and drawings already completed, at the August 2012 P.C. hearing, when questioned
about potential public view obstruction, the applicant
"explained that the coastal view issue came up late in the game." (from P.C. Minutes)
1
2) On more than one occasion in past years, the Public Notice and city staff stated a subject property is
located within the non-appealable area of the City's Coastal Zone. The most recent such issue was noted by
the CA Coastal Commission which notified the City that indeed the property IS within the the appealable
area. It was too late for the public.
3) The RPV Director of Community Development has" reminded the Commission that the proposed residence
is not in a view corridor. In this case the Coastal Specific Plan gives a guideline that may be used to try to
protect views from Palos Verdes Drive West."
However, the Coastal Specific Plan is quite specific on measurements and height restrictions to protect and
enhance public views from Palos Verdes Drives West and South.
4) The staff has recommended approval of a project that if built would provide for only a view of the
"horizon" for the public The Coastal Specific Plan clearly states "view ofthe ocean"
"Coastal Specific Plan states that in order to protect the visual
relationship between Palos Verdes Drive West and the ocean, for sites which are not
within a visual corridor, proposed buildings should not project into a zone measured 2°
down-arc from horizontal as measured from the viewing station (PVDW).
5) Staff has interpreted "should" as simply a guideline (see quote in #3 above) rather than an obligation and
duty. According to the Merriam-Webster Unabridged Dictionary "should" is the past tense of "shall", used in
auxiliary function to express duty, obligation, necessity, propriety, or expediency <for 'tis commanded I should
do so -Shakespeare>
I am aware that the City considers "shall" as mandatory.
All these issues need your immediate attention so that the spirit and intent of the Coastal Specific Plan can be
preserved.
Thank you for your time and all you do for RPV!
Sincerely,
Lenee Bilski
2
From:
Sent:
To:
Subject:
To whom it may concern,
Tiffany < leetiffany@yahoo.com >
Tuesday, February 04, 2014 4:40 PM
cc
Re: Coastal Specific Plan
Please have the interpretation and clarification of the Coastal Specific Plan be put on the future agenda.
Thank you,
Tiffany Lee
1
CITY OF Rt\NCHO PALOS VERDES
TO:
FROM:
DATE:
SUBJECT:
HONORABLE MAYOR & CITY COUNCIL MEMBERS
CITY CLERK
FEBRUARY 3, 2014
ADDITIONS/REVISIONS AND AMENDMENTS TO
AGENDA
Attached .are revisions/additions and/or amendments to the agenda material received
through Monday afternoon for the Tuesday, February 4, 2014 City Council meeting:
Item No. Description of Materials
E Missing page to staff report (to be inserted after E-2)
G Email from Marcie Miller
2 Email from Viktor Rzeteljski
Respectfully submitted,
~
Carla Morreale
W:\AGENDA\2014 Additions Revisions to agendas\20140204 additions revisions to agenda through Monday afternoon.doc
BEGINNING BALANCE
PLUS: DEPOSITS
PLUS: INTEREST EARNINGS(1)
LESS: CHECK DISBURSEMENTS
LESS: ELECTRONIC DISBURSEMENTS(2:
ADJUSTMENTS{3)
PLUS: TRANSFERS IN
LESS: TRANSFERS OUT
ENDING BALANCE
(1) All LAIF interest is paid quarterly.
(2) Electronic Disbursements:
Cal Pers
Postage
Bank and Merchant Fees
OPERATING
3,283,692.61
4,565,544.87
(4,344,621.70)
(41,969.77)
(1,134.62)
1,200,000.00
(1,818,076.55)
2,843,434.84
36,398.35
2,500.00
3,071.42
41,969.77
BANKCARD
0.00
0.00
(3) The net adjustment was due to non-sufficient check Items and other adjustment.
CASH BALANCES BY FUND
Unrestricted
~EN"'.t;<A'L 'F'WND
Restricted by Council Action
BEAUTIFICATION FUND
CIP
EQUIPMENT REPLACEMENT
BUILDING REPLACEMENT
EMPLOYEE BENEFITS
subtotal
Restricted bv Law or External Aaencles
GAS TAX
1972ACT
EL PRADO
CDBG
CDBG·R
1911 ACT
SOLID WASTE
AIR QUALITY MANAGEMENT
PROPOSITION C
BALANCE
FORWARD
; ' 14'1lr1,Z.pi(Qjjl0
1,003, 782.37
11, 114,660.98
2,376,998.68
941,162.68
~337.91
' .26tli80"1
752,581.30
69,105.70
19,118.23
(9,912.84)
0.00
1,658,925.99
389,315.94
152,384.05
1,839, 719.23
DEBIT
3,2551003. 1:0
0.00
0.00
0.00
o.oo
450,641.89
45.Qill.!M:,8.IL.
215,041.94
99,492.91
778.68
6,286.00
o.oo
197,793.32
42,741.91
13,478.19
50,402.79
CITY OF RANCHO PALOS VERDES
MONTHLY REPORT OF CASH BALANCES
DECEMBER 2013
INVESTMENT
PETTY CASH PAYROLL LAIF·CITY CDARS
2,500.00 376,250.36 39,948,312.80 o.oo
(409,028.91)
2.41
618,076.55 1,200,000.00
(1,200,000.00)
2,500.00 585,300.41 38,748,312.80 1,200,000.00
% Change of
Change In Cash Balance
Ending Cash from Previous
CREDIT CASH Balance Month-End
1 .. sQ'a./l'5S.Oa. t61669,\0S:8.67) '1;,'ilM,548:07 1'2%
0.00 1,003,782.37 0.00 0%
1,211, 166.93 9,903,494.05 {1,211,166.93) 11%
25,934.60 2,351,064.08 (25,934.60 1%
0.00 941,162.68 0.00 0%
691,408.43 (1,483, 104.45 (240, 766.54 19%
1!;91!1!;509/9.6•• • ~i2 il'.Hi:3.!18\i'113 ' :M;,l!l7!7'r8.a8J07', · 10o/tl
294,509.02 673,114.22 179,467.08 11%
o.oo 168,598.61 99,492.91 100%
0.00 19,896.91 778.68 4%
120.00 {3,746.84 6,166.00 62%
0.00 0.00 0.00 0%
26,712.70 1,830,006.61 171,080.62 10%
8,222.02 423,835.83 34,519.89 9%
0.00 165,862.24 13,478.19 9%
0.00 1,890, 122.02 50,402.79 3%
PROPQSITION A 307,851.01 60,745.31f ' 0.00 368,596.36 60,745.35 20%
PUBLIC SAFETY GRANTS . 53,627.97 19,039.75 o.oo 72,667.72 19,039.75 36%
MEASURER 989,453.77 37,181.28 0.00 1,026,635.05 37,181.28 4%
HABITAT RESTORATION 147,961.82 0.00 0.00 147,961.82 0.00 0%
SUBREGION 1 MAINTENANCE 782,428.03 o.oo 6,451.15 775,976.88 {6,451.15 1%
MEASURE A MAINTENANCE 155,073.29 o.oo 0.00 (55,073.29 0.00 0%
ABALONE COVE SEWER DISTRICT 16,614.13 21,949.73 6,389.10 32,174.76 15,560.63 94%
RPVTV 0.00 o.oo 0.00 0.00 0.00 0%
GINSBURG CULTURE ARTS BUILDING 118,972.47 o.oo 0.00 118,972.47 0.00 0%
DONOR RESTRICTED CONTRIBUTIONS 852,726.18 o.oo 301.69 852,424.49 {301.69 0%
QUIMBY 29,522.67 o.oo 0.00 29,522.67 0.00 0%
LOW-MODERATE INCOME HOUSING 12,418.00 0.00 0.00 12,418.00 0.00 0%
AFFORDABLE HSNG IN LIEU 500,525.33 o.oo 820.44 499,704.89 {820.44 0%
EET 452,713.78 7,192.00 0.00 459,905.78 7,192.00 2%
MEASURE A CAPITAL 7,440.11 o.oo 0.00 7,440.11 0.00 0%
BIKEWAYS 61,090.08 o.oo 0.00 61,090.08 0.00 0%
UNDERGROUND UTILITIES 0.00 o.oo 0.00 0.00 0.00 0%
ROADWAY BEAUTIFICATION 0.00 0.00 0.00 0.00 0.00 0%
WATER QUALITY FLOOD PROTECTION 4,659,862.96 527,226.69 1,461,539.87 3,725,549.78 {934,313.18 20%
REDEVELOPMENT OBLIGATION RETIRE 345,994.19 4,167.00 2,491.70 347,669.49 1,675.30 0%
IMPROVEMENT DISTRICT 9 0.00 . 0.00 0.00 0.00 0.00 0%
SPECIAL TRUSTS 343 581.56 8,618.00 .9,465.57~ 0%
Subtotal 1.,31'.2,1'35.54 1:/8~ 7,Q;1&;26· · 3%:
:GRAND'T0'FAL 5, 8;9'88.25 1%
Tolal Investment: 43,379,548.05
TREASURIES
BOA TREAS DIRECT
0.00 0.00
0.00 0.00
TOTAL CASH
43,610,755.77
4,565,544.87
0.00
(4,753,650.61)
(41,969.77)
(1,132.21)
3,018,076.55
(3,018,076.55)
43,379,548.05
YTD INT
RECEIVE[
29,382.C
29,382.(
E
From:
Sent:
To:
Kit Fox
Thursday, January 30, 2014 5:09 PM
Teresa Takaoka
Subject: FW: NEW YORK TIMES ARTICLE BY CHEMICAL SAFETY BOARD CHAIR! EXCELLENT! WE
NEED POLITICAL ACTION BEFORE RANCHO LPG BLOWS!
Late Correspondence on Border Issues (Item G)
Kit Fox, AICP
Citt] 0£ Rancho Palos Verdes
(310) 544-5226
kitf@rpv.com
From: Marcie Miller [mailto:marciesmiller@sbcglobal.net]
Sent: Thursday, January 30, 2014 12:28 AM
To: Rafael.Moure-Eraso@csb.gov
Cc: Janet Gunter; det310@juno.com; MrEnvirlaw@sbcglobal.net; noelweiss@ca.rr.com; igornla@cox.net;
lisa.pinto@mail.house.gov; elise.swanson@mail.house.gov; maurice_lyles@boxer.senate.gov;
michael_davies@feinstein.senate.gov; burling102@aol.com; pmwarren@cox.net; mandm8602@att.net;
lpryor@usc.edu; carl.southwell@gmail.com; jody.james@sbcglobal.net; rgb25l@berkeley.edu; dlrivera@prodigy.net;
dwgkaw@hotmail.com; bonbon90731@gmail.com; jcynthiaperry@aol.com; rob.wilcox@lacity.org;
hanslaetz@gmail.com; Kit Fox; chateau4us@att.net; jhwinkler@me.com; peter.burmeister@sbcglobal.net;
alsattler@igc.org; jennifer.lucchesi@slc.ca.gov; mark.meier@slc.ca.gov; sally.magnanidag@doj.ca.gov;
brian.hembacher@doj.ca.gov; Mark.Griffon@csb.gov; Beth.Rosenberg@csb.gov; dan.tillema@csb.gov;
don.holmstrom@csb.gov
Subject: Re: NEW YORK TIMES ARTICLE BY CHEMICAL SAFETY BOARD CHAIR! EXCELLENT! WE NEED POLITICAL ACTION
BEFORE RANCHO LPG BLOWS!
Dear Rafael Moure-Eraso,
Your New York Times Op-Ed is a heroic call to all individuals responsible for chemical safety oversight to
immediately mitigate imminent dangers posed to public safety by hazardous chemical facilities.
Further, when the threat is too great -as is the case of26 million gallons of ultra-hazardous LPG and Butane
stored at 2100 N. Gaffey Street, San Pedro, CA -governing authorities MUST force RELOCATION.
The "Limited Liability Corporation," Rancho LPG, will most certainly also declare bankruptcy protect its
corporate parent, Plains, when it decimates the Ports of LA and Long Beach, tens of thousands of union
workers, businesses and the 40,000 plus men, women, and children in the surrounding communities of San
Pedro, Wilmington, Rancho Palos Verdes, and Harbor Gateway.
Built in the Palos Verdes Earthquake Fault Rupture Zone, on a methane and liquefaction zone, immorally
exempt from all CEQA requirements, this facility is here because money corrupted the regulatory system. It
remains because money corrupts the political system and, I fear, also the regulatory system.
1 ~.
President of the original corporation, Petro lane, RJ Munzer was also Chairman of the Los Angeles County
Construction Oversight Board in 1972 when this facility was green lighted. He was a massive contributor to
President Nixon's many political campaigns.
Local folks have begged CSB, EPA, PMSA, OSHA for credible and open dialogue and action for over forty
years! The Mayor Bradley Collection at UCLA contains a response to one of these requests. Attached to that
response is an oil industry document from Houston "proving" the facility is safe.
Since when did the wolf guarding the chicken coop get the authority to make oversight decisions? The answer:
Only when the collective group of oversight officials abdicate their responsibility. All it takes is ONE agency
official to do the right thing. We just hope that someone steps up sooner rather than too late. I sincerely hope
your Op-Ed does not fall on deaf ears.
Thank you again for doing the right thing,
Marcie Miller
Sent from my iPhone
On Jan 29, 2014, at 1:35 PM, Janet Gunter <arriane5@aol.com> wrote:
And ... the City of LA wants to build 750 MORE homes in the shadow of these highly explosive tanks with
the facility's existing antiquated infrastructure sitting in the rupture zone of the Palos Verdes
Fault?? And .... the Port of LA (via State Lands) is currently paying for "relocation of pipelines" servicing
this privately owned company, Rancho LPG LLC ... that has "no lease" at the Port, and "no adequate
insurance" to cover catastrophic impacts upon surrounding areas .... with PUBLIC FUNDS?!
SERIOUSLY?????
See article:
http://www. nytimes. com/2014/01 /29/opin ion/the-next-accident-awaits. html?ref=opinion& r=O
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-----Original Message-----
Leza Mikhail
Friday, January 31, 2014 10:31 AM
Carla Morreale
Teresa Takaoka
FW: St. John Fisher hearing on lighting
From: Viktor Rzeteljski [mailto:v2rzeteljski@gmail.com]
Sent: Thursday, January 30, 2014 6:28 PM
To: Leza Mikhail
Subject: St. John Fisher hearing on lighting
My name is Viktor Rzeteljski and I live at 30411 Palos Verdes Drive East. I'm a parishioner at St. John Fisher and I am
writing to you concerning the lighting in the parking lot.
I have several meetings in the evenings at the church which end after the lights go off. I feel unsafe and uncomfortable
walking in the parking lot when the lights are off. Please consider lifting the restrictions on lighting for the parking lot.
Thank you,
Viktor
Sent from my iPad
1 J.