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20200304 Late CorrespondenceTO: FROM: DATE: SUBJECT: CITY OF RANCHO PALOS VERDES HONORABLE MAYOR & CITY COUNCIL MEMBERS CITY CLERK MARCH 4, 2020 ADDITIONS/REVISIONS AND AMENDMENTS TO AGENDA Attached are revisions/additions and/or amendments to the agenda material presented for tonight's meeting. Item No. Description of Material 3 Email from Joe De Venuto **PLEASE NOTE: Materials attached after the color page(s) were submitted through Tuesday, March 3, 2020**. Respectfully submitted, L:\LATE CORRESPONDENCE\2020 Cover Sheets\20200304 additions revisions to agenda.docx Enyssa Momoli To: Jaehee Yoon Subject: RE: Noncommercial Antenna Applications Please include the following email as late correspondence to the upcoming CC meeting's Regular Business Item No.3. Thank you. Jaehee From: Joe DeVenuto <joedev76@gmail.com> Sent: Wednesday, March 4, 2020 09:16 To: cc@rpvca.gov Subject: Noncommercial Antenna Applications Dear Council Members, I want to express my support for the City's review and temporary moratorium of non-commercial antenna installations. Given the existing height restriction ordinances to maintain our ocean views as well as the desire to maintain high neighborhood esthetics, we need to ensure the city ordinances are designed to create the quality of life we have all come to expect. As part of this review, we must be mindful of residents with existing approved installations. Thank you for your consideration in this matter. Joe De Venuto President MESA PV HOA 1 3. TO: FROM: DATE: SUBJECT: CITY OF RANCHO PALOS VERDES HONORABLE MAYOR & CITY COUNCIL MEMBERS CITY CLERK MARCH 3, 2020 ADDITIONS/REVISIONS AND AMENDMENTS TO AGENDA Attached are revisions/additions and/or amendments to the agenda material received through Tuesday afternoon for the Wednesday, March 4, 2020 City Council meeting: Item No. G 3 5 Description of Material Updated Attachment E (Master Solutions Agreement) Emails from: Jeff Richards; Joan Olenick; Donna Hulbert; John Maniatakis; Del Cerro HOA Board; Sharon Levine; Carol MacAllister; Larry Shapiro Emails from: April Sandell; Pete Lacombe Respectfully submitted, L:\LATE CORRESPONDENCE\2020 Cover Sheets\20200304 additions revisions to agenda thru Tuesday.docx From: Sent: To: Cc: Subject: Attachments: Team, Lukasz Buchwald Wednesday, February 26, 2020 5:32 PM CityCierk Kit Fox Updated Arctic Wolf Contract RPV-Arctic Wolf Contract-FINAL.pdf Attached please find the updated and final version ofthe Arctic Wolf contract to be filed as late correspondence for the March 4th, 2020 City Council meeting. Thank you. Lukasz Buchwald Information Technology Manager L City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 lbuchwald@rpvca.gov www.rpvca.gov Phone -(310) 544-5311 1 C7- MASTER SOLUTIONS AGREEMENT This Master Solution Agreement (the "Agreement") is entered into by and between Arctic Wolf Networks, Inc., a Delaware corporation ("Artie Wolf") and City of Rancho Palos Verdes, a general law city & municipal corporation (the "City") and governs any executed order forms, quotes, or other ordering document ("'Order Form(s)") that reference this Agreement. Order Forms may be issued to City by Arctic Wolf Networks, Inc. ("Arctic Wolf') or an Arctic Wolf authorized partner ("'Authorized Partner"). This Agreement is effective on the date last executed in the signature block below (the "Effective Date"). This Agreement permits City to purchase subscriptions to the Solutions identified in the Order Form from Arctic Wolf or such Authorized Partner and sets forth the terms and conditions under which those Solutions will be delivered. The Agreement consists of the terms and conditions set forth below, any attachments or exhibits identified herein and any Order Forms that reference this Agreement. If there is a conflict between the terms below, the Order Form, or the terms set forth in an URL referenced herein, the documents will control in the following order, unless specifically indicated otherwise: the Order Form, this Master Solutions Agreement, and the terms located at any URL referenced in this Agreement. In consideration of the mutual covenants and agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Scope. City will purchase and Arctic Wolf will provide the specific products and services ("Solutions") set forth on an executed Order Form. A Solution may consist of hardware equipment ("Equipment"), a cloud service offering ("'Service"), software, including any add-ons offering enhanced features and functionality (collectively, the "Software"), and/or professional services ("Professional Services"), all of which are more fully described herein. Each Solution is provided on a subscription basis for a set term designated on the Order Form (each, a "Subscription Term") for the one-time and subscription fees set forth therein (the "Fees"). City may access and use the Solutions, and any Documentation associated therewith, solely for its own internal business purposes and in accordance with the terms and conditions of this Agreement, such associated Documentation, any scope of use restrictions designated in the applicable Order Form, and the Solutions Terms found at www.arcticwolf.com/terms/solutionsterms, as may be updated from time to time by Arctic Wolf. "Documentation" means user manuals, training materials, product descriptions and specifications and other printed information relating to the Arctic Wolf Solution, as in effect and generally available from Arctic Wolf, but expressly excluding marketing and sales collateral and materials. 2. Equipment. If the Order Form specifies that City will receive Equipment, then City is responsible for installing the Equipment at the location(s) specified by Arctic Wolf. The Equipment is a part of the Solutions and loaned to City by Arctic Wolf, not sold. City acknowledges that if City attempts to install or use the Equipment at a location other than specified by Arctic Wolf, the Solutions may fail to function or may function improperly. Other than normal wear and tear, City is directly responsible for loss, repair, replacement and other costs, damages, fees and charges during the Subscription Term and if City does not return the Equipment to Arctic Wolf in an undamaged condition. City is responsible for all costs associated with shipping the Equipment back to Arctic Wolf upon termination of the Subscription Term. City understands and agrees that should City elect to use Equipment outside the U.S., additional charges may apply for the shipping, export, and/or import of the Equipment. 3. Professional Services. Certain Arctic Wolf Solutions may require Professional Services, such as onboarding, or may be stand-alone offerings, and any such Professional Services shall be specified on an applicable Order Form. 4. Software and Services. Provided City is in full compliance with the terms of this Agreement, Arctic Wolf grants to City a limited, non- transferable, non-sublicensable, non-exclusive license during the Subscription Term to (i) install the object code form of the Software, but only in connection with City's use of the Solutions and otherwise in accordance with the Documentation, this Agreement, and the Solution Terms located at www.arcticwolf.com/terms/solutionterms, as may be updated from time-to-time and a copy of which in effect as of the Effective Date is attached hereto as Exhibit A, (ii) use Arctic Wolfs third party cloud service providers in conjunction with City's use of the Solution, and (iii) access the Arctic Wolf City Portal, subject to the Privacy Policy located at .!:\11Q_s://arcticwolf.com/privacy-policy-for-customer-portal-users/, as may be updated from time-to-time. City Data will be retained in accordance with the Solutions Terms. City must implement Software and Services in order to enable features of the Solutions. City acknowledges that any changes made to the City's infrastructure or configuration of the Solutions after initial deployment may cause the Solutions to cease working or function improperly and that Arctic Wolf will have no responsibility for the impact of any such City changes. 5. Reservation of Rights and Ownership. Arctic Wolf owns, or has the right to license, the Solutions, and any associated Documentation ("Arctic Wolf Technology"). City acknowledges and agrees that (a) the Arctic Wolf Technology is protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws, (b) Arctic Wolf retains all right, title and interest (including, without limitation, all patent, copyright, trade secret and other intellectual property rights) in and to the Arctic WolfTechnology, excluding any rights, title, and interest in any Third Party Products (as defined in Section 12.3 below) which shall be retained by its third party licensor(s), any other deliverables, any and all related and underlying technology and any derivative works or modifications of any of the foregoing, including, without limitation, any Feedback, (c) there are no implied licenses and any rights not expressly granted to City hereunder are reserved by Arctic Wolf, (d) the Solution, excluding Professional Services, is licensed on a subscription basis, not sold, and City acquires no ownership or other interest (other than the license rights expressly stated herein) in or to the Arctic Wolf Technology, and (e) the Solution is offered as an on-line, hosted solution, and City has no right to obtain a copy of the Software . Feedback includes suggestions, comments or other feedback ("Feedback') provided to Arctic Wolf by City with respect to the Solutions. 6. Restrictions, Responsibilities, Warranties, Prohibited Use, and City Data. 6.1 Restrictions. City agrees not to, directly or indirectly: (i) modify, translate, copy or create derivative works based on the Arctic Wolf Technology, (ii) reverse engineer, decompile, disassemble, or otherwise seek to obtain the source code or non-public APis to the Solutions, except to the extent expressly permitted by applicable law (and then only upon advance notice to Arctic Wolf); (iii) interfere with or disrupt the integrity or performance of the Solutions or the data contained therein or block or disrupt any use or enjoyment of the Solutions by any third party, (iv) attempt to gain unauthorized access to the Solution or their related systems or networks or (v) remove or obscure any proprietary or other notice contained in the Arctic Wolf Technology, including on any reports or data printed from the Arctic Wolf Technology. City agrees to abide by the terms of the Acceptable Use Policy at http://www.arcticwolf.com/terms/acceptableuse, as may be updated from time-to-time. If Arctic Wolf, in its reasonable discretion, determines that City's use of the Solutions imposes an unreasonable or disproportionately large load on Arctic Wolfs 01203.0001/630926.11 012030001/630926.9 Arctic Wolf Networks -Master Solutions Agreement Last Updated: 1/1/2020 Page 1 of 9 CONFIDENTIAL infrastructure or that City is abusing its use of the Solutions, Arctic Wolf may, in addition to any other right herein, temporarily suspend City's access to the Solutions until such activity is rectified. If commercially practicable, Arctic Wolf shall provide City with notice prior to any such suspension and shall work with City in good faith to reinstate the Solutions promptly. 6.2 Arctic Wolf Responsibilities. Arctic Wolf shall provide the Solutions in accordance with the terms of this Agreement, as further described in the Solutions Terms. The Solutions provided under this Agreement shall include any updates, upgrades, bug fixes, version upgrades or any similar changes that are made generally available to Arctic Wolfs customers free of charge from time to time during the Subscription Term. 6.3. City Responsibilities. City must identify the administrative users for its account ("Administrators"). Each Administrator will receive an administrator ID and password and will need to register with Arctic Wolf. City is responsible for notifying Arctic Wolf about changes to Administrators, including but not limited to termination, change of authority, and the addition of Administrators. City acknowledges and agrees that Administrators will be able to view all City Data and other traffic and activities that occur on City's network and that City is responsible for all activities that occur under Administrator accounts. Administrator IDs are granted to individual, named persons and cannot be shared or used by more than one Administrator but may be reassigned from time to time to new Administrators. City represents and warrants that it shall (i) obtain any licenses and/or consents necessary for Arctic Wolf to perform its obligations under this Agreement, (ii) be responsible for ensuring the security and confidentiality of all Administrator IDs and passwords, (iii) use commercially reasonable efforts to prevent unauthorized access to, or use of, the Solutions, (iv) notify Arctic Wolf promptly of any unauthorized use of the Solutions or any breach, or attempted breach, of security of the Solutions, (v) not use the Solutions in a manner that would violate applicable laws or regulations, and (vi) use of the Solutions and the transfer of any City Data to Arctic Wolf will not be used for any fraudulent purposes. City acknowledges and agrees that the Solutions may consume additional CPU and memory in City's environment while in running in production. 6.4 Prohibited Use. Because City may access the Solutions from anywhere in the world, it is City's responsibility to ensure that City has the right to access and use the Solutions where City is located. City represents and warrants that City is not a Prohibited Person nor owned or controlled by a Prohibited Person. "Prohibited Persons" shall mean a person or entity appearing on the lists published by the U.S. Department of Commerce, the U.S. Department of State, the U.S. Department of Treasury or any other list that may be published by the U.S. Government, as amended from time to time, that is prohibited from acquiring ownership or control of items under this Agreement, or with which Arctic Wolf is prohibited from doing business. City further represents that the Solutions shall not be used for or in connection (i) with nuclear activities, (ii) in the development of biological or chemical weapons, missiles, or unmanned aerial vehicles, (iii) to support terrorist activities, or (iv) in any other way that would violate economic sanctions laws. City agrees to promptly notify Arctic Wolf, and terminate its use of the Solutions, if City discovers that any of the foregoing conditions apply. Arctic Wolf may suspend any use of the Solutions it reasonably believes City may be (or is alleged to be) in violation of the foregoing. 6.5 City agrees to comply with all export and import laws and regulations of the United States and other applicable jurisdictions. Without limiting the foregoing: (i) City represents and warrants that it is not listed on any U.S. government list of prohibited or restricted parties or located in (or a national of) a country that is subject to a U.S. government embargo or that has been designated by the U.S. government as a "terrorist supporting" country, (ii) City will not (and will not permit any of its users to) access or use the Solutions in violation of any U.S. export embargo, prohibition or restriction, and (iii) City will not submit to the Arctic Wolf, directly or through the Solutions, any information that is controlled under the U.S. International Traffic in Arms Regulations. 7. Fees, Payment, Taxes, and Audit. 7.1. [INTENTIONALLY OMITTED] 7.2 For purchases made by City through a partner authorized and licensed to sell and /or deliver Arctic Wolf Solutions (an "Authorized Partner"), the order form or other equivalent transaction document containing terms related to this Section 7, Fees, Payment, Taxes, Audit, and other terms, as may be applicable, shall be between City and the Authorized Partner. Notwithstanding the foregoing, City understands and agrees that should City fail to remit payments to any Partner when due or if City terminates or suspends its business, becomes subject to any bankruptcy or insolvency proceeding under federal or state or similar statute that is not dismissed within sixty (60) days, or becomes insolvent or subject to direct control by a trustee, receiver, or similar authority, Arctic Wolf may immediately terminate this MSA without any further obligation or liability. 8. Compliance with Laws. Each party represent and warrant that, during the term of this Agreement, the parties will comply with all foreign, federal, state and local statutes, laws, orders, rules, regulations and requirements, including those of any governmental (including any regulatory or quasi-regulatory) agency applicable to such party as it pertains to its performance obligations herein and, in the case of City, in connection with its use of the Solutions. 9. Confidentiality. Either party (as a "Discloser") may disclose confidential and proprietary information, orally or in writing ("Confidential Information") to the other party (as a "Recipient"). All such information shall be marked with a restrictive legend of the Discloser or reasonably understood to constitute confidential information. Notwithstanding the foregoing, contract terms relating to City Data shall be set forth in Section 10. Notwithstanding the marking requirements of this Section, City acknowledges that the following constitutes Confidential Information of Arctic Wolf: any trade secrets, know-how, inventions (whether or not patentable), techniques, ideas, or processes related to the Arctic Wolf Technology; the design and architecture of the Arctic Wolf Technology; the computer code, internal documentation, and design and functional specifications of the Arctic Wolf Technology; and any problem reports, analysis and performance information related to the Arctic Wolf Technology. Each party agrees to hold the other party's Confidential Information in strict confidence, not to disclose such Confidential Information to third parties not authorized by the Discloser to receive such Confidential Information, and not to use such Confidential Information for any purpose except as expressly permitted hereunder. Each party agrees to take commercially reasonable steps to protect the other party's Confidential Information and to ensure that such Confidential Information is not disclosed, distributed or used in violation of the provisions of this Agreement. The Recipient may disclose Confidential Information only (a) with the Discloser's prior written consent, or (b) to those employees, officers, directors, agents, consultants, and advisors with a clear and well-defined "need to know" purpose who are informed of and bound by the obligations of this Agreement. Notwithstanding the foregoing, the Recipient may disclose Confidential Information to the extent required by law, including by not limited to, the California Public Records Act. However, the Recipient will give the Discloser prompt notice to allow the Discloser a reasonable opportunity to obtain a protective order and such Confidential Information disclosed to the extent required by law shall otherwise remain 01203.000 l/630926.11 01203.0001/630926.9 Arctic Wolf Networks-Master Solutions Agreement Last Updated: 1/1/2020 Page 2 of 9 CONFIDENTIAL confidential and subject to the protections and obligations of this Agreement. The Discloser agrees that the foregoing obligations shall not apply with respect to any information that the Recipient can document (i) is rightfully in its possession or known to it prior to receipt from the Discloser without an obligation of confidentiality, (ii) is or has become public knowledge through no fault of the Recipient, (iii) is rightfully obtained by the Recipient from a third party without breach of any confidentiality obligation, or (iv) is independently developed by employees of the Recipient who had no access to Discloser's Confidential Information. Upon expiration or termination of this Agreement for any reason, and except as otherwise provided in Section 16 below, each party shall promptly return to the other party or destroy all copies of the other party's Confidential Information and copies, notes or other derivative material relating to the Confidential Information. Notwithstanding the foregoing, and subject to the Privacy Policy, Arctic Wolf may retain City's name, contact names, email address, and such other necessary contact information following termination of this Agreement for its internal business purposes, including but not limited to the improvement of its Solutions. 10. City Data. 10.1 "City Data" means operational data and other internal business information submitted by or on behalf of City to the Solutions, including, but not limited to operational values, event logs, and usernames. As between the parties, City shall retain all right, title and interest (including any and all intellectual property rights) in and to the City Data as provided to Arctic Wolf and the Solutions (excluding any Arctic Wolf Technology used with the City Data). City hereby grants Arctic Wolf a non-exclusive, worldwide, royalty-free right to collect, use, copy, store, transmit, modify and create derivative works of data City Data solely to the extent necessary to provide the Solutions to City. City is solely responsible for the accuracy, content and legality of all City Data. City represents and warrants to Arctic Wolf that City has all necessary rights, consents and permissions to collect, share and use all City Data as contemplated in this Agreement. City further represents and warrants that all City Data complies with the Acceptable Use Policy. City hereby authorizes Arctic Wolf to aggregate City Data with other data so that results are non- personally identifiable with respect to City and collect anonymous technical logs and data regarding City's use of the Solutions ("Aggregate/Anonymous Data"). Notwithstanding anything to the contrary herein, such Aggregate/Anonymous Data will be deemed Arctic Wolf Technology, which Arctic Wolf may use for any business purpose during or after the term of this Agreement, including without limitation to develop and improve the Solutions and services and to create and distribute reports and other materials. For clarity, this Section 10.1 does not give Arctic Wolf the right to identify City as the source of any Aggregate/Anonymous Data without City's prior written permission. City understands and agrees that City Data may be accessed by Arctic Wolf in the US, Canada, and other parts of the world and by non-US citizens, and City hereby consents to such access. 10.2 [INTENTIONALLY OMITTED] 10.3 California Consumer Privacy Act. The parties acknowledge and agree that Arctic Wolf is a service provider for the purposes of the California Consumer Privacy Act ("CCPA") and may receive personal information from City pursuant to this Agreement for a business purpose. Arctic Wolf shall not sell any such personal information. Arctic Wolf shall not retain, use or disclose any personal information provided by City pursuant to this Agreement except as necessary for the specific purpose of performing the Solutions for City pursuant to this Agreement or as permitted by the CCPA. The terms "personal information," "service provider," "sale," and "sell" are as defined in Section 1798.140 of the CCPA. Arctic Wolf certifies that it understands the restrictions of this Section 1 0.3. 11. Indemnity. 11.1 Arctic Wolf's Indemnity. Subject to Section 11.3, Arctic Wolf will defend any third party claim or action brought against City to the extent based on (a) the allegation that the Solutions infringe any intellectual property right (patents, utility models, design rights, copyrights and trademarks or any other intellectual property right) having effect in the United States and (b) a breach of Customer's environment resulting from a breach of the Software. Arctic Wolf will pay any settlements that Arctic Wolf agrees to in a writing signed by an authorized officer of Arctic Wolf or final judgments awarded to the third party claimant by a court of competent jurisdiction. The foregoing obligations do not apply with respect to the Solutions, or portions or components thereof, that are (a) not provided by Arctic Wolf, (b) combined with other products, processes or materials that are not reasonably contemplated by the Documentation where the alleged infringement relates to such combination, or (c) not used by City in strict accordance with this Agreement or the published Documentation. 11.2 [INTENTIONALLY OMITTED] 11.3 Procedures. Arctic Wolfs indemnification obligations are conditioned on the City (a) providing the Arctic Wolf with prompt written notice of any claim, provided that the failure to provide such notice shall only limit the Arctic Wolfs obligation to indemnify to the extent that the failure prejudices Arctic Wolf in its defense of the claim, (b) granting Arctic Wolf the sole control of the defense or settlement of the claim, and (c) providing reasonable information and assistance to Arctic Wolf in the defense or settlement of the claim at Arctic Wolfs expense. 11.4 Options. If City's use of the Solutions has become, or in Arctic Wolf's opinion is likely to become, the subject of any claim of infringement, Arctic Wolf may at its option and expense (a) procure for City the right to continue using and receiving the Solutions as set forth hereunder, (b) replace or modify the Solutions to make them non-infringing, (c) substitute an equivalent for the Solutions, or (d) if Arctic Wolf, in its sole discretion, determines that options (a)-( c) are not reasonably practicable, terminate this Agreement and refund any pre-paid unused Fees as of the effective date of termination. 11.5 Sole Remedy. THIS SECTION 11 STATES ARCTIC WOLF'S ENTIRE RESPONSIBILITY AND CUSTOMER'S SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. 12. Warranty and Warranty Disclaimer. 12.1 Solutions Warranty. ARCTIC WOLF WARRANTS THAT DURING THE SUBSCRIPTION TERM AND PROVIDED THAT CUSTOMER IS NOT IN BREACH OF THIS AGREEMENT THAT, (I) THE SOLUTIONS PROVIDED UNDER THIS AGREEMENT DO NOT INFRINGE OR MISAPPROPRIATE ANY INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY, AND (II) THE SOLUTIONS SHALL SUBSTANTIALLY PERFORM IN ALL MATERIAL RESPECTS AS DESCRIBED IN THE DOCUMENTATION. IN THE EVENT OF ANY BREACH OF THIS SECTION 12.1, ARCTIC WOLF SHALL, AS ITS SOLE LIABILITY AND CUSTOMER'S SOLE REMEDY, REPAIR OR REPLACE THE SOLUTIONS THAT ARE SUBJECT TO THE WARRANTY CLAIM AT NO COST TO CUSTOMER OR IF ARCTIC WOLF IS UNABLE TO REPAIR OR REPLACE, 01203.0001/630926.11 01203.0001/630926.9 Arc1ic Wolf Networks-Master Solutions Agreement Last Updated: 11112020 Page 3 of 9 CONFIDENTIAL THEN ARCTIC WOLF WILL REFUND ANY PRE-PAID FEES FOR THE SOLUTIONS, OR PARTS THEREOF, SUBJECT TO THE WARRANTY CLAIM. EXCEPT FOR THE WARRANTY DESCRIBED IN THIS SECTION, THE SOLUTIONS ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF DESIGN, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES OF TITLE. CUSTOMER ACKNOWLEDGES THAT THE SOLUTIONS ARE PROVIDED "AS IS" AND FURTHER ACKNOWLEDGE THAT ARCTIC WOLF DOES NOT WARRANT (A) THE OPERATION OF THE SOLUTIONS WILL BE UNINTERRUPTED, OR ERROR FREE, (B) THE SOLUTIONS ARE NOT VULNERABLE TO FRAUD OR UNAUTHORIZED USE, (C) THE FEATURES OR FUNCTIONALITIES OF THE SOLUTIONS WILL BE AVAILABLE AT ANY TIME IN THE FUTURE, AND (D) THE SOLUTIONS WILL IDENTIFY OR DETECT EVERY VULNERABILITY OR SECURITY ISSUE. CUSTOMER IS RESPONSIBLE AND ARCTIC WOLF SHALL HAVE NO RESPONSIBILITY FOR DETERMINING THAT THE USE OF THE SOLUTIONS COMPLIES WITH APPLICABLE LAWS IN THE JURISDICTION(S) IN WHICH CUSTOMER MAY DEPLOY AND USE THE SOLUTIONS. 12.2 Open Source Warranty. The Software includes certain Open Source Software. Open Source Software is governed solely by the applicable open source licensing terms, if any, and is provided "AS IS". Arctic Wolf provides no warranty specifically related to any Open Source Software or any applicable Open Source Software licensing terms. The foregoing language is not intended to limit Arctic Wolfs warranty obligation for the Solution pursuant to Section 12.1. "Open Source Software" means software with its source code made available pursuant to a license by which, at a minimum, the copyright holder provides anyone the rights to study, change, and/or distribute the software to anyone and for any purpose. 12.3 Third Party Product. Third Party Product (as defined in this Section 12.3) may carry a limited warranty from a limited warranty from the third-party publisher, provider, or original manufacturer of such Third Party Products. To the extent required or allowed, Arctic Wolf will pass through to City or directly manage for the benefit of City's use of the Third Party Products as part of the Solutions (such decision to be made in Arctic Wolfs discretion), the manufacturer warranties related to such Third Party Products. "Third Party Product" means any non-Arctic Wolf branded products and services (including Equipment, and any operating system software included therewith) and non-Arctic Wolf-licensed software products, including Open Source Software. 13. Limitation of Liability. FOR ANY CAUSE RELATED TO OR ARISING OUT OF THIS AGREEMENT, WHETHER IN AN ACTION BASED ON A CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR ANY OTHER LEGAL THEORY, HOWEVER ARISING, ARCTIC WOLF WILL IN NO EVENT BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR (A) DAMAGES BASED ON USE OR ACCESS, INTERRUPTION, DELAY OR INABILITY TO USE THE SOLUTIONS, LOST REVENUES OR PROFITS, LOSS OF SOLUTIONS, BUSINESS OR GOODWILL, LOSS OR CORRUPTION OF DATA, LOSS RESULTING FROM SYSTEM FAILURE, MALFUNCTION OR SHUTDOWN, FAILURE TO ACCURATELY TRANSFER, READ OR TRANSMIT INFORMATION, FAILURE TO UPDATE OR PROVIDE CORRECT INFORMATION, SYSTEM INCOMPATIBILITY OR PROVISION OF INCORRECT COMPATIBILITY INFORMATION OR BREACHES IN SYSTEM SECURITY, OR (B) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR (C) ANY AMOUNTS THAT EXCEED THREE TIMES (3X) THE TOTAL FEES PAID OR PAYABLE BY CUSTOMER FOR THE SOLUTIONS THAT ARE THE SUBJECT OF THE CLAIM DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRIOR TO THE EVENT WHICH GIVES RISE TO SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY WHETHER OR NOT ARCTIC WOLF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. 14. Term and Renewal. This Agreement shall be in effect for a period of time that is co-terminous with any active Subscription Term(s) specified on an Order Form. 14.1. [INTENTIONALLY OMITTED] 14.2 For purchases made by City through an Authorized Partner, the Order Form or other equivalent transaction document containing the terms related to Term, Renewal and other terms, as may be applicable, shall be between City and the Authorized Partner. The Subscription Term and renewals hereunder will apply to purchases made through an Authorized Partner, notwithstanding anything to the contrary in the Order Form or any Documentation. 15. Updates. Arctic Wolf reserves the right to modify the Solutions, this Agreement, any terms referenced in a URL set forth herein, and the Documentation in Arctic Wolfs sole discretion and without notice provided that such changes shall not materially decrease the Solutions that City has subscribed to during the then-current Subscription Term. Should Arctic Wolf make any modifications, Arctic Wolf will post the amended terms on the respective URL links and will update the "Last Updated Oate"within such terms. If any change materially decreases the Solutions, Arctic Wolf will notify City via the City Portal, City newsletter, www.arcticwolf.com/terms website, or such other communication method implemented by Arctic Wolf from time-to-time. City may notify Arctic Wolf within 30 days after the effective date of the material change of its rejection of such change. If City notifies Arctic Wolf of its rejection during such thirty (30) day period, then City will remain governed by the terms in effect immediately prior to the change until the end of City's then-current Subscription Term. However, any subsequent renewal of the Subscription Term will be renewed under the then-current terms, unless otherwise agreed in writing by the parties. 16. Termination. Either party may terminate this Agreement for cause if the other party commits a material breach of this Agreement, provided that such terminating party has given the other party ten (1 0) days advance notice to try and remediate the breach. If City purchases the Solutions through an Authorized Reseller, City acknowledges and agrees that Arctic Wolf may immediately without notice terminate this Agreement should City fail to pay any amounts due and owing to the Authorized Reseller. Customer may terminate this Agreement or any Order Form for convenience upon thirty (30) days advance notice, provided, however, Customer will not be entitled to a refund of any prepaid fees and any fees for any committed Subscription Term will become immediately due and payable. Upon termination, City agrees to cease all use of the Solutions and Arctic Wolf Technology, installed or otherwise, and destroy all copies of any Arctic Wolf Technology that are in its possession or under its control and promptly remove and return all Equipment to Arctic Wolf. Except as otherwise required by law, upon termination Arctic Wolf will remove, delete, or otherwise destroy all copies of City Data in its possession. Sections 7 (only as to amounts due and owing) and 9 through 14, 16, and 17 will survive the non-renewal or termination of this Agreement. 0 l203.0001/630926.ll 01203.0001/630926.9 Arctic Wolf Networks-Master Solutions Agreement Last Updated: 1/1/2020 Page4of9 CONFIDENTIAL 17. Miscellaneous. 17.1 Except as otherwise provided herein, all notices, requests, consents, claims, demands, waivers and other communications hereunder shall be in writing and shall be deemed to have been given: (a) when delivered by hand (with written confirmation of receipt); (b) on the next business day after the date sent, if sent for overnight delivery by a generally recognized international courier (e.g., FedEx, DHL, etc.) (receipt requested); or (c) on the date sent by e-mail of a PDF document (with confirmation of transmission) if sent during normal business hours of the recipient, and on the next business day if sent after normal business hours of the recipient. Such communications must be sent to the respective parties at the addresses set forth on the signature page hereof (or at such other address for a party as shall be specified in a notice given in accordance with this Section 17). For contractual purposes, City (1) consents to receive communications in an electronic form via the email address it provides herein or via the City Portal; and (2) agrees that all agreements, notices, disclosures, and other communications that Arctic Wolf provides electronically satisfies any legal requirement that those communications would satisfy if they were on paper. This Section does not affect City's non-waivable rights. 17.2 The parties to this Agreement are independent contractors. Neither party has the authority to bind the other party without the express written authorization of the other party. Nothing herein may be construed to create an employer-employee, franchisor-franchisee, agency, partnership, or joint venture relationship between the parties 17.3 This Agreement shall inure to the benefit of and be binding upon the respective permitted successors and assigns of the parties. City shall not be entitled to assign, subcontract, delegate or otherwise transfer any of its rights and/or duties arising out of this Agreement and/or parts thereof to third parties, voluntarily or involuntarily, including by change of control, operation of law or any other manner, without Arctic Wolfs express prior written consent. Any purported assignment, subcontract, delegation or other transfer in violation of the foregoing shall be null and void. No such assignment, subcontract, delegation or other transfer shall relieve the assigning party of any of its obligations hereunder. 17.4 The rights and obligations of the parties under this Agreement shall not be governed by the provisions of the 1980 U.N. Convention on Contracts for the International Sale of Goods or the United Nations Convention on the Limitation Period in the International Sale of Goods, as amended. This Agreement shall be governed by the laws of the State of California without regard to the conflicts of law provisions thereof. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration in Santa Clara County, California in English and in accordance with the JAMS International Arbitration Rules then in effect. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, each Party shall have the right to institute an action in a court of proper jurisdiction for preliminary injunctive relief pending a final decision by the arbitrator(s), provided that a permanent injunction and damages shall only be awarded by the arbitrator(s). In any action or proceeding to enforce rights under this Agreement, the prevailing Party shall be entitled to recover costs and attorneys' fees. 17.5 [INTENTIONALLY OMITTED] 17.6 No failure or delay by any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies under this Agreement are cumulative and are in addition to and not in substitution for any other rights and remedies available at law or in equity or otherwise. 17.7 If any provision of this Agreement is held invalid or unenforceable by any court of competent jurisdiction, the other provisions of this Agreement will remain in full force and effect. Any provision of this Agreement held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable. The parties agree to replace such void or unenforceable provision of this Agreement with a valid and enforceable provision that will achieve, to the extent possible, the economic, business and other purpose of such void or unenforceable provision. 17.8 This Agreement (including the exhibits hereto, if any, and any BAA (as defined in Section 17.9 below)) constitutes the parties' entire agreement by and between the parties with respect to the subject matter hereof and supersedes any prior or contemporaneous agreement or understanding by and among the parties with respect to such subject matter. Except as otherwise provided herein, this Agreement may be amended, modified or supplemented only by an agreement in writing signed by each party. 17.9 In the event that Arctic Wolf will have access to personal healthcare information in the delivery of the Solutions, the parties agree to the Business Associate Addendum ("BAA") located at www.arcticwolf.com/terms/baa or as otherwise may be attached hereto as Exhibit A. In the event the parties have entered into a BAA in relation to protected health information, the parties intend for both this Agreement and BAA to be binding upon them and the BAA is incorporated into this Agreement by reference. 17.10 The parties have participated mutually in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement will be construed as if drafted mutually by the parties and no presumption or burden of proof will arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. 17.11 The Parties have agreed that this agreement as well as any notice, document or instrument relating to it be drawn up in English only. 01203.0001/630926.11 01203000I/630926.9 Arctic Wolf Networks-Master Solutions Agreement Last Updated: 1/1/2020 [SIGNATURES ON THE NEXT PAGE] Page 5 of9 CONFIDENTIAL IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives on the Effective Date set forth below. Arctic Wolf Networks, Inc., a Delaware corporation: Signed: Name: Brian NeSmith Title: President & CEO Effective Date: Notice Address: 111 W. Evelyn Ave. Suite 115 Sunnyvale, CA 94086 Attn: General Counsel 01203.0001/630926.11 012030001/630926.9 Arctic Wolf Networks-Master Solutions Agreement Last Updated: 1/1/2020 City of Rancho Palos Verdes, a general law city & municipal corporation: Signed: Name: John Cruikshank Title: Mayor Approved as to form: Name:_William W. Wynder Title: City Attorney Notice Address: City of Rancho Palos Verdes 30940 Hawthorne Boulevard Rancho Palos Verdes, CA 90275 Attn: Lukasz Buchwald Page6 of9 CONFIDENTIAL Last Updated: 1111812019 Exhibit A Solutions Terms In Effect as of the Effective Date Managed Detection and Response Solution Terms This Managed Detection and Response -Solution Terms sets forth the terms and conditions of the Managed Detection and Response Solution (the "Solution"). The Solution, if purchased by Customer as evidenced by Customer's election on an Order Form, will be provided in accordance with the terms set forth herein and the Master Solutions Agreement (the "Agreement") made by and between Customer and Arctic Wolf Networks, Inc. ("Arctic Wolf'). Any capitalized terms not otherwise defined herein shall have the meaning set forth in the Agreement. The Solution: Specific features and functionality provided as part of the Solution include: collection of Customer Data, including Customer's system logs, from Customer's systems using Equipment, analysis by Arctic Wolf Concierge Security Team ("CST") of both Equipment and log data through the correlation of Customer Data with threat and vulnerability information, scanning of Customer's internal and external systems, escalation of Security Incidents in need of attention by Customer as set forth herein, advisory recommendations to intended to improve Customer's security robustness, calculation of Customer's Security Score, as more fully described below, Log Search capabilities, if purchased by Customer, as evidenced on an Order Form, Host Containment functionality, and regular summary Executive Dashboard reports, as described herein and the Documentation. NOTE: The performance of the Solution, including specifically, notification of Emergencies or Security Incidents. as defined below, will not commence until after onboarding is complete. The performance of lil remediation services for Security Incidents. (iii the re-imaging of Customer's systems, or (iii) change of policy settings is outside the scope of the Solution. Data Transfer. Any Equipment provided by Arctic Wolf to Customer is physically deployed to monitor Customer's system traffic. Such system traffic is augmented with additional sources of log data, as required, to deliver Managed Detection and Response. All such information is deemed Customer Data. Essential log sources will be determined by Customer and Arctic Wolf during the onboarding process preceding the Order Form Effective Date. Any Customer Data will be transmitted to Arctic Wolf via a secure tunnel in compliance with IS027001 and SOC 2 Type II. The Solution operates redundantly with Customer's back-up services in order to minimize potential service interruptions. Hosting providers used by Arctic Wolf to deliver the Solution may experience service interruptions and service outages outside the control of Arctic Wolf. If such a hosting provider issues an outage notice that could materially impact delivery of the Solutions, Arctic Wolf will use commercially reasonable efforts to promptly notify Customer about the outage and communicate the planned recovery time provided by the hosting provider. Although anonymized, Customer Data may include personal or confidential information. Customer, in accordance with the terms of the Agreement, will obtain express consent from any applicable parties whose personal or confidential information may be included in the Customer Data. Such consent will permit Arctic Wolf and Customer to monitor the information, systems, and assets owned or controlled by such persons. If Customer does not receive necessary consent, Customer will immediately notify Arctic Wolf. Customer understands and agrees that failure to receive necessary consent will impact Arctic Wolfs delivery of the Solution. Data Retention. Arctic Wolf will store Customer Data for the Data Retention period specified in Customer's then-current Order Form. Customer Data may be returned to Customer in accordance with the terms of the Agreement. Updates & Upgrades. Automated maintenance and update cycles to the Equipment will be performed remotely by Arctic Wolf. Arctic Wolf will provide any services related to the replacement or upgrades of the Equipment. Any costs related to such Equipment replacement or upgrades will be in accordance with the Agreement. Security Incidents. The CST supporting Customer will be available 24 hours a day, 7 days a week, including holidays. Customer may schedule specific activities with their CST by contacting Arctic Wolf at .\lecurity@arcticwolf.com. Arctic Wolf will acknowledge any schedule request submitted by Customer to security@arcticwolf.com within one (1) hour of receipt of such request. CST will provide an estimate of response time determined by scope, size, and urgency. Arctic Wolf will notify and escalate to Customer any Security Incidents, the definition of which will be agreed upon by Customer and Arctic Wolf during on boarding, discovered by Arctic Wolf within two (2) hours of Arctic Wolfs discovery of such Security Incident. Arctic Wolf standard Security Incident notification process is through e-mail; however, during onboarding, Arctic Wolf and Customer may agree to alternate notification processes. Security Incident notifications will include a description of the Security Incident, the level of exposure, and a suggested remediation strategy. Customer is responsible for implementing, in its sole discretion, any remediation strategies identified by Arctic Wolf. Customer may request validation by Arctic Wolf that any such implemented remediation strategies are working as expected. Emergencies. During onboarding, Arctic Wolf and Customer will agree on and document which Security Incidents will be defined as an "Emergency". Emergencies will typically in dude the discovery of ransomware and other alerts that could cause degradation/outage to Customer's infrastructure security. Arctic Wolf will escalate Emergencies to Customer within thirty (30) minutes of Arctic Wolfs discovery of the Emergency. 01203.0001/630926.11 01203.0001/630926.9 Arctic Wolf Networks-Master Solutions Agreement Last Updated: 111/2020 Page 7 of9 CONFIDENTIAL Any Emergency identified by Customer can be escalated to Customer's CST by calling: 888-272-8429. option 2. Customer must describe the Emergency in the initial call and Arctic Wolf will respond within 5 minutes. Scans. On a monthly basis, Arctic Wolf will use the Solution to conduct external vulnerability assessment scans of Customer's environment. As part of these scans, vulnerability and exploit information will be normalized and correlated with other data sources in order to detennine Customer's Security Score and prioritization of any identified remediation strategies. Arctic Wolf will deliver to Customer a summary security report that includes Security Incident and Emergency notification activities on a monthly and quarterly basis. Security Score. Customer's Security Score is provided as part of the Solution is for illustrative and informational purposes only and may be used by Customer for internal benchmarking purposes. The Security Score is based on certain information related to the results of the Solution within Customer's environment and is compiled using the Customer Data made available to Arctic Wolf in conjunction with its delivery of the Solution. Customer's Security Score will be communicated in Customer's summary reports in addition to being available on Customer's online Executive Dashboard. Customers may elect to compare their Security Score against industry averages from organizations in the same industry vertical to assess how Customer is performing against industry norms. Host Containment. Based upon the agreed upon escalation process and provided that the Arctic Wolf Agent is deployed by Customer, CST will remotely isolate a Customer endpoint device(s) that shows evidence of compromise or other suspicious activity. When CST identifies certain indicators of attack on an endpoint, the containment action will be initiated systematically, in accordance with the agreed upon escalation process, to rapidly quarantine the suspected compromised system. The indicators of attack that may drive containment actions include those relating to ransomware (and other types of advanced malware), malicious command-and-control (C2) activity, or active data exfiltration attempts. When an endpoint is in a contained state, only essential control traffic between the Arctic Wolf Agent and the Arctic Wolf server will be allowed in order to enable forensics investigations. The endpoints under containment will receive a containment notification and the containment action will be detailed in an incident ticket. The customer portal will display the Customer endpoints that are currently in a contained state. CST is available to a Customer to answer questions or provide detailed infonnation on the contained endpoints. 01203.0001/630926.11 01203.0001/630926.9 Arctic Wolf Networks-Master Solutions Agreement Last Updated: 1/1/2020 Page 8 of 9 CONFIDENTIAL Last Updated: 1111812019 Managed Risk Solution Terms These Managed Risk-Solution Terms set forth the terms and conditions of the Managed Risk Solution (the "Solution"). The Solution, if purchased by Customer as evidenced by Customer's election on an Order Form, will be provided in accordance with the terms set forth herein and the Master Solutions Agreement (the "Agreement") made by and between Customer and Arctic Wolf Networks, Inc. ("Arctic Wolf'). Any capitalized terms not otherwise defined herein shall have the meaning set forth in the Agreement. The Solution: The Solution provides Customers with security vulnerability analytics and trends in Customer's network and endpoints which assist in the prevention of system attacks. Specific services included as part of the Solution include: • Arctic Wolf will provide Customer with Internal Vulnerability Assessment (IVA) through an on-premise Managed Risk scanner. Managed Risk scanners, at the election of Customer at the time of order, may be a deployed as a physical piece of equipment or virtual instance. • During onboarding, Arctic Wolf will work with Customer to determine Customer's Managed Risk scanner configuration. The scanner, based upon the agreed upon configuration, will scan Customer's network to identify security vulnerabilities within Customer's host and/or network infrastructures. • Information obtained from the IVA scans will be paired with an external vulnerability assessment ("EVA") function. The EVA will be run from Arctic Wolfs cloud-hosted environment, will scan Customer's IP addresses associated with Customer's organization or such other addresses designated by Customer and for which Customer is legally authorized to scan, and will provide Customer with a comprehensive security risk posture based on an industry-standard and recognized Cybersecurity Framework and Arctic Wolfs proprietary algorithm. Customer may purchase access to the Arctic Wolf Agent (the "Agent"), proprietary end point software, which, if purchased, will be configured by Arctic Wolf during onboarding in accordance with. Use of the Agent allows Arctic Wolf to run local system scans to augment the Customer Data used to identify security vulnerability analytics and trends in Customer's network and endpoints. • Customer understands and agrees that Arctic Wolf, in the performance of the Solution, may use a GeoiP service to report the location of Customer's IP address. • If licensed by Customer on an Order Form, Customer may purchase access and use rights in and to Insights, an analytics platform that aggregates Customer Data from the Agent and IVA. Insights will allow Customer the ability to build custom dashboards and reports and will be licensed in accordance with the terms and conditions set forth in the Agreement. Data Transfer. Any Equipment provided by Arctic Wolf to Customer is physically deployed to monitor Customer's system traffic. Such system traffic is augmented with additional sources of log data, as required, to deliver Managed Detection and Response. All such information is deemed Customer Data. Essential log sources will be determined by Customer and Arctic Wolf during the onboarding process preceding the Subscription Start Date. Any Customer Data will be transmitted to Arctic Wolf in accordance with the terms of the Agreement via a secure tunnel in compliance with IS027001 and SOC 2 Type II. The Solution will be provided redundantly to Customer's back-up services in order to minimize potential service interruptions. Hosting providers used by Arctic Wolf to deliver the Solution may experience service interruptions and service outages outside the control of Arctic Wolf. If such a hosting provider issues an outage notice that could materially impact delivery of the Solutions, Arctic Wolf will use commercially reasonable efforts to promptly notify Customer about the outage and communicate the planned recovery time provided by the hosting provider. Although anonymized, Customer Data may include personal or confidential information. Customer, in accordance with the terms of the Agreement, will obtain express consent from any applicable parties who's personal or confidential infonnation may be included in the Customer Data. Such consent will permit Arctic Wolf and Customer to monitor the infonnation, systems, and assets owned or controlled by such persons. If Customer does not receive necessary consent, Customer will immediately notify Arctic Wolf. Customer understands and agrees that failure to receive necessary consent will impact Arctic Wolfs delivery of the Solution. Updates & Upgrades. Any automated maintenance and update cycles to the Solution will be performed remotely by Arctic Wolf. Arctic Wolf will provide any services related to the replacement or upgrades of the Equipment. Any costs related to such Equipment replacement or upgrades will be in accordance with the Agreement. 01203.00011630926.11 01203.0001/630926.9 Arciic Wolf Networks-Master Solulions Agreement Last Updated: 11112020 Page 9 of 9 CONFIDENTIAL From: Jaehee Yoon Sent: To: Friday, February 28, 2020 9:07 PM CityCierk Cc: Octavia Silva Subject: FW: Agenda Item #3, March 4th City Council Meeting, Temporary Moratorium on Noncommercial Antenna Applications Hi, Please include the following email as late correspondence to the upcoming CC meeting's Regular Business Item No.3. Thank you. Jaehee From: jeff richards <richards2000@msn.com> Sent: Friday, February 28, 2020 08:41 To: cc@rpvca.gov Subject: Agenda Item #3, March 4th City Council Meeting, Temporary Moratorium on Noncommercial Antenna Applications Good Morning Council-Due to a recent antenna application in the Del Cerro HOA, it has come to the attention of several of the HOAs in RPV that the RPV municipal code relative to noncommercial antennas may require review and update. Views, asthetics and neighborhood compatibility are all improtant in our community, and we would like to retain the atmosphere our Council and residents have worked so hard to maintain. Our HOA Board for Colt Road Association, strongly supports a Temporary moratorium on processing antenna applications. We further support a full review and update of the code regarding Noncommercial Antenna installations, understanding that there are federal laws that limit the city's authority. Jeff Richards President, Colt Road Association Treasurer, CHOA (CHOA has not taken a postion) 562-884-2787 1 From: Jaehee Yoon Sent: To: Friday, February 28, 2020 9:09 PM CityCierk Cc: Octavia Silva Subject: FW: March 4 RPV City Council Hi, Please include the following email as late correspondence to the upcoming CC meeting's Regular Business Item No. 3. Thank you. Jaehee From: Joani <joanolenick@gmail.com> Sent: Friday, February 28, 2020 18:33 To: cc@rpvca.gov Subject: March 4 RPV City Council Meeting Agenda Item No.3, Temporary Moratorium on Processing Noncommercial Antennas in Residential Neighborhoods Dear City Council Members, The Rancho Crest HOA strongly supports the staff's recommendation (1) to review and update the city's municipal code addressing the processing of applications for noncommercial amateur radio antennas in residential neighborhoods and (2) to adopt an urgency ordinance to establish a temporary 45 day moratorium on the processing of those applications until an update of the code is completed. It would be a negative impact on the character of the neighborhood. Thank you for your consideration of this matter. Joan 0 lenick, Secretary Rancho Crest Homeowners Association Sent from my iPhone 1 From: Sent: To: Subject: Hi, Jaehee Yoon Monday, March 2, 2020 9:04 AM CityCierk FW: March 4, 2020, RPV City Council Meeting Agenda Item #3, Review and Update of City Municipal Code Related to Noncommercial Antennas Please include the following email as late correspondence to the upcoming CC meeting's Regular Business Item No. 3. Thank you. Jaehee From: donna thehulberts.com <donna@thehulberts.com> Sent: Sunday, March 1, 2020 12:30 To: cc@rpvca.gov Subject: March 4, 2020, RPV City Council Meeting Agenda Item #3, Review and Update of City Municipal Code Related to Noncommercial Antennas I am writing to support review of the ordinance with respect to non-commercial antennae in Rancho Palos Verdes, and the temporary moratorium on those antennae during the review process. I understand that a Del Cerro homeowner has applied to install a tower mounted antenna in his yard, and given the number of potential safety and aesthetic issues this application poses, I support a review and update of the ordinance before decision is made on this or any pending or new application for an antenna. It is my understanding that the ordinance has not been updated for 20 or so years and I believe there have been significant developments (technological and legal) that have occurred which, if considered in updating the ordinance, would result in fairer decisions when evaluating non-commercial antennae. I understand that there is a balance that must be struck, but I believe a number of developments over the last 20 years should be investigated to determine what factors should be incorporated when reaching that balance. In the 20 or so years since the ordinance was modified we have seen an explosion in communications technology both in methods of communication and in minimizing the size of equipment necessary to achieve the desired communication outcomes. The fact that amateur radio enthusiasts can now purchase antennas that can be carried in a back pack or housed inside their homes should be a consideration when evaluating a tower mounted antenna and the costs it imposes on neighboring properties. Legal precedents both in this city ( City of RPV v. Abrams (2002) 101 Cal.App.4th 367) and in other venues have clarified the extent to which a local government can regulate commercial and non-commercial antennae. It is my understanding that there is no federal preemption for non-commercial antennae, with the only limit on local regulation being the complete prohibition of the activity. Safety of an antenna with respect to neighboring properties is a legitimate concern for local government, as are aesthetics. It appears that at the time the existing ordinance was last modified there was still some uncertainty as to the level of regulation appropriate for local government. The City should incorporate the legally allowable 1 considerations into any new ordinance. As set forth in the Abrams opinion there is no unfettered constitutional right to broadcast and receive transmissions by radio. A new ordinance should require specific information from an applicant as to what limits a smaller antenna would place on the radio operator. The general statement a bigger antenna allows greater communication should not be sufficient to justify a large antenna and structure that poses any safety and/or significant aesthetic burdens on one's neighbors. Certainly someone does not have an absolute right merely to hear communications in a language he does not speak. An ancillary but important factor made in the Abrams case is that Mr. Abrams indicated that he provides repeater services free of charge to other amateur radio operators to enhance their ability to communicate effectively. (As you are probably aware Mr. Abrams and his antennae are located in the Del Cerro neighborhood). The availability of this service should be considered when determining the size of the antenna needed by an applicant. In addition to the advancements in technology and the clarification of the law, our City has had specific experience with respect to compliance issues with at least one existing antenna--that on Whitley Collins. In addition the applicant at 10 Crestwind has demonstrated by his current non-permitted antenna that compliance may be an issue for any future antenna there. In updating the ordinance, efforts to ensure compliance with any conditions of approval should be included. I do not believe it would be unreasonable to have some mechanism to assure the antennae are still being used as conditioned by approval. In addition, there should be some mechanism for review of existing antennae to assure they are still safe for use. Although I do not want to elaborate on the many specific concerns I have regarding the antenna proposed at 1 0 Crestwind in the Del Cerro neighborhood, the considerations regarding safety of that proposed antenna are paramount. The warnings published with respect to the proposed antennae indicate "the installed location must take into account that falling debris may pose a hazard to humans, animals and property on the ground below". The literature specific to these antennae indicate "the purchaser, final customer, installer and user of these products individually and collectively acknowledge that these products can cause injury or death" and require the customer "to accept full responsibility and liability for any and all personal and property damage (direct, indirect and punitive) caused during installation and subsequent use." The exact nature of the possible dangers is never set forth in the brochure. Possible dangers I encountered when reviewing antenna dangers included danger from fire and danger to electrical service due to lightening (which need not even hit the antenna directly but only within the general area). Can the applicant in fact satisfy any and all liability for those risks (via insurance or other mechanism), and should that be a condition of approval? Answering those and similar questions is directly within the purview of local government in seeking to keep all its residents safe. In addition to possible compliance issues referenced above, in reviewing the warranty and liability section for the proposed antenna, I was struck by the extremely limited warranty--1 year from the date of purchase. This is yet another reason for a requirement for inspection and perhaps permit renewal requirements for existing antennae. In an economics class in college I was taught that some of the best information about the quality of a product is provided in the warranty term. The manufacturer's warranty covers the period for which the repair and replacement of the product does not impose significant costs on the manufacturer--or costs that would significantly affect the profitability of the product. If that is in fact true, apparently this manufacturer has no confidence that its product will endure more than a year before significant costs of repair and replacement may occur. This is yet another reason for some provision in the antenna ordinance regarding periodic inspection and permit renewal requirements. I trust that my comments will be considered in determining the importance of reassessing the antenna ordinance in the city and imposing a temporary moratorium on granting permits until that is accomplished. 2 Very truly yours, Donna Hulbert 3 From: Sent: To: Cc: Subject: Late corr From: Ara Mihranian Teresa Takaoka Monday, March 2, 2020 8:09 AM Enyssa Memoli Emily Colborn FW: Antennas Sent: Sunday, March 1, 2020 10:23 AM To: jmaniataki@aol.com; CC <CC@rpvca.gov> Cc: Ken Dyda <Ken.Dyda@rpvca.gov>; John Cruikshank <John.Cruikshank@rpvca.gov>; Eric Alegria <Eric.Aiegria@rpvca.gov> Subject: Re: Antennas Thank you, John. Your email supporting the proposed 45 day moratorium on non commercial antennas will be provided to the City Council as late correspondence for Wednesday's meeting. Ara Sent from my iPhone On Feb 29, 2020, at 11:52 AM, "jmaniataki(a),aol.com" <jmaniataki(i4aol.com> wrote: I wish to lend my support of the Staff Recommendations as it applies to Antenna heights. John Maniatakis 1 From: Sent: To: Subject: Hi, Jaehee Yoon Monday, March 2, 2020 9:03 AM CityCierk FW: March 4, 2020, RPV City Council Meeting Agenda Item #3, Review and Update of City Municipal Code Related to Noncommercial Antennas Please include the following email as late correspondence to the upcoming CC meeting's Regular Business Item No.3. Thank you. Jaehee From: Del Cerro HOA <delcerro hoa@hotmail.com> Sent: Saturday, February 29, 2020 14:54 To: cc@rpvca.gov Subject: March 4, 2020, RPV City Council Meeting Agenda Item #3, Review and Update of City Municipal Code Related to Noncommercial Antennas Honorable Mayor and Council Members, Thank you for placing the issue of noncommercial antenna applications on the March 4th City Council meeting agenda. The Del Cerro HOA board of directors strongly supports City Staff's recommendation to review and update the municipal code that addresses approval of noncommercial antennas in residential areas and to place a temporary moratorium on processing of applications for such antennas until the code review and update are completed. The code has not been reviewed for over 20 years and is very outdated. For example, the development code related to neighborhood compatibility has been updated in other areas of the code but not as it relates to the installation of noncommercial antennas in residential neighborhoods. To illustrate the urgency of the issue, the Del Cerro HOA has received an informal courtesy notice from City Staff that a resident at 10 Crestwind is applying for a City permit to install a large antenna tower in his backyard. The application indicates that the antenna tower will be 41 ft. tall with two horizontal antenna arrays -one at a height of 41 ft. and a second one at a height of 37ft. The footprint of the upper array will be 18 ft. x 24 ft. and the footprint of the other array will be 12 ft. x 18 ft. The application has not yet been deemed complete, but Planning Staff expects that it will be complete very soon and will issue a formal Public Notice at that time, with a decision to be made by the Director of Community Development following a 15-day comment period. Last summer, the resident also installed an antenna that appears to reach a height of approximately 25-30 ft. without seeking a City permit. The HOA board began receiving comments from concerned residents at that time. The concerns have increased with the notification of the pending taller antenna application. It is our understanding that the proposed antenna structure will replace the existing one. 1 The applicant agreed to place a pole with a balloon at the top of the pole in the proposed location to indicate the height of the tower. The city code does not require a full silhouette to be placed to assist residents' and City Staff's analysis of the overall impact of a 41-ft. antenna tower on neighborhood ambience and character-even though city code requires that a silhouette be placed for any home remodel that exceeds 16 ft. in height to facilitate evaluation of neighborhood compatibility. A pole with a balloon is really not adequate to enable staff and interested parties to assess the full impact of such a structure. A full silhouette should be required to facilitate a meaningful evaluation. In addition, the current municipal code does not explicitly require an analysis of the impact of a 41-ft. antenna structure on neighborhood character. Consideration of the goals of the general plan and development code (including neighborhood compatibility) are only required for antenna structures that exceed 41 ft. in height. Residents have expressed numerous concerns regarding the potential impact of the large structure on the neighborhood. Several residents who live near the proposed antenna location feel that the antenna tower and array will be intrusive and diminish the quiet enjoyment of their properties. Residents throughout the neighborhood have expressed concern that the antenna structure will diminish the overall character and ambience of the semi-rural residential neighborhood. Further, the specific location of this antenna structure is of particular concern, as it will be prominently centered in view at the entrance to the Del Cerro neighborhood and will be highly visible to all residents and visitors from Seacrest Drive, the only entrance into the community. In addition, some of the residents in the first of the two tracts within the Del Cerro community (Crestwind, Amber Sky and Lower Oceanaire residents) have noted that they spent significant funds (over $30,000 per household) to underground power lines to improve the ambience of the area and enhance their property values, and they feel that the antenna structure will diminish the positive impact that their investments had on both the ambience and their property values. Further, neighbors have also expressed concern that the elevation of the Del Cerro community will continue to attract additional requests for antennas, leaving the neighborhood resembling an antenna farm. Finally, a few residents believe that the antenna structure may impact their views, but found it difficult to assess due to lack of a silhouette. When taken together, these concerns cause us to question whether having a large antenna tower in the middle of a quiet residential neighborhood is compatible with the goals of the RPV General Plan. Evaluation of relevant health, safety and welfare factors are also of great importance. Since the antenna will be very close to many homes and residents, particular attention must be placed on evaluation of factors such as radiation from the antenna, earthquake and fire safety, high wind tolerance, and interference with other communication devices -and the ability to cover any liability for potential damages to surrounding residents and properties. As a minimum, the City municipal code should also require a regular periodic review of adherence to all conditions of approval. Placing a temporary moratorium on processing antenna applications will allow City Staff time to review and update the code to address the noted shorfalls and apply the updated code to the pending antenna application at 10 Crestwind, as an approval will be an irreversible decision. It will also give the neighborhood time to look for compromises that accommodate the applicant's interest in amateur radio operation as well as the neighborhood's need to have emergency communications capability 2 available, when needed, while minimizing the day-to-day impact on residents. The HOA board and applicant have scheduled a meeting next week to brief the board on the project and to begin such a dialog. Following the meeting, we will initiate a survey asking all residents to provide feedback on the pending application to facilitate a neighborhood-wide discussion of the issue. We have also requested that the applicant hold a meeting with Del Cerro residents to discuss concerns and look for solutions to mitigate those concerns. Thank you for your consideration of this urgent matter. If you have any questions, please feel free to contact Kathy Edgerton, Del Cerro HOA President, at 310-544-7390 or alnkathye@msn.com. Sincerely, Del Cerro HOA Board Kathy and AI Edgerton, President Gregory MacDonald, Vice President Miriam Varend, Secretary Dion Hatch, Treasurer Amy & Jeff Wang Bharathi Singh 3 To: Subject: Hi, Jaehee Yoon RE: Antenna Please include the following email as late correspondence to the upcoming CC meeting's Regular Business Item No. 3. Thank you. Jaehee From: Larry Shapiro <lashap@cox.net> Sent: Monday, March 2, 2020 3:14 PM To: Jaehee Yoon <jyoon@rpvca.gov> Subject: Antenna From: Sharon Levine 10 crestwind Sent: Monday, March 02, 2020 2:00 PM Subject: Antenna Dear City Council, I don't understand what all the fuss is about. Larry is a caring citizen and neighbor who has a passion for ham radio. The antenna on the roof of a house does not provide any kind of harm to anyone. It is not an eyesore. One doesn't stand in one place staring at an antenna the majority of their time! Most people driving by don't even take notice of it. I know I don't even notice all the antenna's in the South Bay as I drive around tending to my own business. I have observed Larry spending hours of his time to do the right thing. He is working and has been working with the city as they have requested, every single step of the way. Having an amateur radio antenna is not illegal. In fact, it can save lives in an emergency! Why is this being considered an annoyance and by so few individuals? This doesn't make sense. Please, listen to Larry and you will learn the benefits of ham radio, the safety of the antenna's and how there is no disturbance to the immediate neighbors because of it. Thank you, Sharon Levine 10 Crestwind dr. RPV CA 90275 (310) 756-3601 1 From: Jaehee Yoon Sent: To: Tuesday, March 3, 2020 7:36 AM CityCierk Subject: FW: submission for Council meeting Attachments: A TT00001.txt; Submission Council Mtg20.pdf Hi, Please include the attached as late correspondence to the upcoming CC meeting's Regular Business Item No.3. Thank you. Jaehee From: Kit Fox <kfox@rpvca.gov> Sent: Monday, March 2, 2020 8:18 PM To: Octavio Silva <OctavioS@rpvca.gov>; Terry Rodrigue <TRodrigue@rpvca.gov>; Jaehee Yoon <jyoon@rpvca.gov> Cc: Megan Barnes <mbarnes@rpvca.gov>; Ara Mihranian <AraM@rpvca.gov> Subject: Fwd: submission for Council meeting Get Outlook for iOS From: Carol MacAllister <cmacallister@me.com> Sent: Monday, March 2, 2020 20:15 To: cc@rpvca.gov Subject: submission for Council meeting I was told to send this submission of support for agenda item #3 for the March 4, 2020 council meeting to this address. If you need anything else, please let me know. Thank you, Carol MacAllister, President Palos Verdes Monaco Homeowners Association 1 Palos Verdes Monaco Homeowners Association P.O. Box 2795 Palos Verdes Peninsula, CA 9027 4 March 2, 2020 Honorable Mayor and Council members, 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 Dear Honorable Mayor and Council members, The Board of Directors for Palos Verdes Monaco Homeowners Association has unanimously passed a resolution of support for passage of an interim urgency ordinance with respect to how the City of Rancho Palos Verdes addresses noncommercial amateur radio antennas. As noted by writings linked RPV Agenda Item 3, scheduled for the March 3, 2020 City Council meeting, the City's noncommercial antenna statutes under the Municipal Code are seriously out of date and provide HOAs like PV Monaco and Del Cerro with little in the way of guidance or remedies. We look to a favorable resolution of homeowner disputes, should they arise, by way of updates to the existing statutes and believe the 45-day moratorium should provide sufficient time for drafting an update. Sincerely, Carol MacAllister, President Palos Verdes Monaco Homeowners Association From: Sent: To: Subject: Attachments: Hi, Jaehee Yoon Monday, March 2, 2020 4:06 PM CityCierk FW: 10 Crestwind Draft letter to City Council including Larry's thoughts.doc; Email addresses for City Council members.JPG Please include the following email as late correspondence to the upcoming CC meeting's Regular Business Item No.3. Thank you. Jaehee From: Larry Shapiro <lashap@cox.net> Sent: Monday, March 2, 2020 3:32 PM To: Jaehee Yoon <jyoon@rpvca.gov> Subject: 10 Crestwind Here is what I sent. www.LSrarecoins.com 310-710-2869 Also attached are the email addresses of all five City Council members. The rpvca.gov website states that it is best to email comments to them no later than 4:00pm today to give adequate time for their review prior to the Council meeting. 1 To: Mayor Cruikshank, Mayor Pro Tern Alegria, and Council Members Bradley, Dyda, and Ferraro Subject: Interim Urgency Ordinance that you are being asked to vote on during your City Council meeting March 4, 2020 My application for an amateur radio antenna has been in process with city staff for several months, and it was progressing nicely until five homeowners submitted a request for an Urgency Ordinance to prevent the City from finishing their review of my application. An Urgency Ordinance is premature because the current staff review, when completed, will contain a full description of my amateur radio antenna application, including answers to the various concerns neighbors have regarding compliance with building codes, radio frequency emissions, etc. At that time, city staff will publish a formal Public Notice which initiates a 15-day period for comments. Neighborhood comments received prior this formal Public Notice are all being given due consideration as I continue my interaction with city staff to finalize the antenna configuration. It will be in full compliance with all applicable City Ordinances, Codes, and FCC rules regarding Radio Frequency Interference, Safety, Health, View, and Neighborhood Compatibility. I am very passionate about my amateur radio hobby and its ability to provide extremely valuable emergency services. I searched for a year and a half for a suitable home to more fully enjoy my hobby. I focused on Rancho Palos Verdes because of its ham friendly Ordinance Sections C and D. With this understanding of the RPV Ordinances, I sold my previous home and purchased 10 Crestwind Drive. Then I began preparing my application. I would have much preferred applying under Section D for an 80' or 90' antenna height like the one at 29703 Whitley Collins in RPV, but out of my consideration for my neighbors, I chose to only apply for 41' height per Ordinance Section C. The misunderstandings and selfishness of a few residents must not keep me from enjoying my hobby. I will pursue this as actively as do those who have so unreasonably come against me! Background The neighbor's request for an Interim Urgency Ordinance was submitted to the City Council in a letter signed by just five property owners in Rancho Palos Verdes, a city of more than 15,000 households. The signature block at the bottom of the letter includes their titles as board members of the Del Cerro HOA. However, their inclusion of their HOA titles is inappropriate and misleading. They are only representing themselves as individuals because the stated purpose of the HOA Board is to advocate for the consensus of all the homeowners in the Del Cerro community. That consensus clearly had not been established prior to submitting the request for an Interim Urgency Ordinance to the City Council. And, the fact that it still has not been established is stated in another email from the Del Cerro HOA which states "hope to have the survey completed by the time the formal Public Notice is issued and the public comment period begins." Using an Urgency Ordinance is not appropriate The Urgency Ordinance section of the Agenda Report states that "an Urgency Ordinance is needed for the immediate preservation of the public peace, health, or safety," and continues on to state that the Urgency Ordinance "contains a declaration ofthe facts constituting the urgency." Findings The findings section of the Agenda Report does not contain a single finding that describes an immediate threat to peace or to health or to safety! The Urgency Ordinance section also states that the city's code provisions governing the use and permitting of noncommercial amateur radio antennas have not been updated since they were adopted in 1999, and are therefore outdated and inconsistent with the city's Goals. The age of any particular code does not, in and of itself, substantiate the conclusion that a code is "therefore outdated and inconsistent." I respectfully request each member of the City Council to choose Alternative #1 as is provided in the Agenda Report. Sincerely, Larry Shapiro 1 0 Crestwind Drive Rancho Palos Verdes, CA Mobile phone: (31 0) 710-2869 Email: lashap@cox.net From: Sent: To: Cc: Emily Colborn Tuesday, March 3, 2020 6:23 AM April Sandell CityCierk Subject: Re: City Council Agenda March 04/ Item 5 Hello Ms Sandell, We are in receipt of your correspondence and it will be included and distributed to the Council today with the rest of the late correspondence. Delivery and posting was delayed a day since the meeting is tomorrow instead of today. Emily Colborn, MMC, City Clerk Rancho Palos Verdes Sent from my iPhone On Mar 2, 2020, at 9:16 PM, April Sandell <hvybags@cox.net> wrote: To the City Clerk: I have yet to receive your response to my correspondence regarding I tern 5. I want to be certain my correspondence is shown and made part of the public record prior to tomorrow's council's consideration. Please let me know. Thanks. April Sandell From: April Sandell <hvybags@cox.net> Subject: City Council Agenda March 04/ltem 5 Date: February 26, 2020 at 8:48:16 PM PST To: CityCierk@rpvca.gov Cc: Glenn Cornell <gcornell6@gmail.com>, Maria T Denue <mtd4homes@aol.com>, Elizabeth Hoffman <Eiizabeth.Hoffman@csulb.edu>, Ara Mihranian <aram@rpvca.gov>, Mike Lansing for School Board 2020 <sergio@carrillostrategies.com> To the City Clerk: Re: Item 5/City Council Agenda March 4, 2020 Dear Mayor and Council Members, 1 The city attorney's report on the history and pertinent issues was ok, but not inclusive of all previous efforts. For instance, there was no mention ofR.U.L.E (Residents United for Local Education), which made a significant effort, yet failed. Later, the Residents in Eastview (i.e. grassroots) pretty much resulted in the half-baked "opt in" attendance into PVUSD. That happened without a official petition or county approval etc. At this point, the historical details are not necessarily relevant to the matter at hand. In any event, I oppose the City's and or PVUSD's interest to change the boundaries regarding bonded indebtedness obligations. It is in the best interest of Eastview property owners to protect the safety and maintenance of both Dodson Middle School and Crestwood Elementary facilities and more importantly the safety and wellness of the attending students. Quite frankly, over the course of some 20 years I have yet to be aware of any Eastview property owner that objects to their inability to vote in PVPUSD elections. As you may or may not be aware, LAUSD is losing to charter schools gain. LAUSD needs our Eastview revenue in order to sustain the public education. Thank you for your time and consideration. Sincerely, April L. Sandell 2 From: Teresa Takaoka Sent: To: Monday, March 2, 2020 4:36 PM Enyssa Memoli Subject: FW: Eastview Reorganization Into PVPUSD Late carr From: Kit Fox Sent: Monday, March 2, 2020 4:23 PM To: Pete Lacombe <rpvchateau4us@gmail.com>; CC <CC@rpvca.gov> Subject: RE: Eastview Reorganization Into PVPUSD Dear Mr. Lacombe: Thank you for your email. It raises many important questions for the City Council to consider. It will be provided to the City Council as "Late Correspondence" at Wednesday night's meeting. Sincerely, Kit Fox, AICP Interim Deputy City Manager City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 E: .!s:fQx@rpvca.gov P: (310) 544-5203 From: Pete Lacombe <rpvchateau4us@gmail.com> Sent: Monday, March 2, 2020 4:14PM To: CC <CC@rpvca.gov> Subject: Eastview Reorganization Into PVPUSD Hello RPV City Council, As a resident of Eastview and a member of the Rolling Hills Riviera Homeowners Association, I would like to inform you of issues that might arise with an attempt to reorganize Eastview into PVPUSD. Please do not assume my comments in any way present an opposition to this proposal. In fact, I very much approve of this reorganization. 1 1. Many Eastview residents have strong ties to LAUSD schools due to proximity and the fact that many Eastview residents hail from San Pedro and attended LAUSD schools. You may get very strong push-back from these residents. 2. Many Eastview residents feel having an option in school districts is a positive outcome of the 1998 legislation. These residents will question the need for a change. Lowering their tax bill might not be an inducement to change. 3. Many Eastview residents fear backlash from a powerful LAUSD that might come from any attempt to remove hundreds (if not thousands) of tax-paying parcels from LAUSD tax rolls. There are 721 homes in Rolling Hills Riviera HOA. The "Unified School Tax" on my property is $1,310 per year. I'm certain the City of RPV has done the math on loss of revenue to LAUSD. Many residents fear LAUSD will retaliate by going back to the State to undo the previous legislation. These residents who understand the value of being part of PVPUSD will oppose reorganization for this reason. 4. The inclusion of Eastview into PVP Schools was a hard-fought victory by Eastview and was opposed at the time by both LAUSD and by many RPV residents who did not want Eastview "lowering the standards" of PVP schools. We have many long-time residents who have not forgotten the bad blood. There are other pit-falls that may come your way on this issue. I recommend that before initiating any effort to reorganize Eastview, the Council and Staff seek out a variety of Eastview residents and HOAs to become informed. Please do not assume there is unanimity on this issue. In any case, I wish you luck. It is my opinion that this reorganization will help PVPUSD remain viable and independent in the future (considering demographic changes resulting from an aging population and decreasing number of students). And I believe it is in Eastview's interest to eliminate the threat that could come from LAUSD realizing the political landscape has greatly changed since 1998-and they can "take back" Eastview. Please tread lightly. Thank you, Pete Lacombe 2052 Galerita Drive Rancho Palos Verdes 2