20200505 Late CorrespondenceTO:
FROM:
DATE:
SUBJECT:
CITY OF RANCHO PALOS VERDES
HONORABLE MAYOR & CITY COUNCIL MEMBERS
CITY CLERK
MAY 5, 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
H Email from: Barbara Sattler
K Revised Attachment A (Contract)
Respectfully submitted,
L:\LATE CORRESPONDENCE\2020 Cover Sheets\20200505 additions revisions to agenda Tuesday.docx
From:
Sent:
To:
Cc:
Subject:
Elias Sassoon
Tuesday, May 5, 2020 9:13AM
CityCierk
Lauren Ramezani
FW: Problems with EDCO
Late correspondent for the Edco agenda item.
Thanks:
Elias K. Sassoon, Director
Department of Public Works
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
Tel: 310-544-5335
Fax: 310-544-5292
In light of COVID-19 response measures from the Governor of the State of California and the Los Angeles County Public
Health Department, commencing Tuesday, March 17 through at least Friday, May 15th, the City of Rancho Palos Verdes
will only be providing Essential City Services that are necessary to protect the health, safety, and welfare of our
community and City Employees. To facilitate these measures, all non-essential staff will be working remotely. Inquiries
will be reviewed daily and will be responded to on a case-by-case basis. Please note: our response to your inquiry could
be delayed.
-----Original Message-----
From: Elias Sassoon
Sent: Tuesday, May 5, 2020 9:12AM
To: Barbara Sattler <bsattler@igc.org>; CC <CC@rpvca.gov>; Ara Mihranian <AraM@rpvca.gov>
Cc: Lauren Ramezani <LaurenR@rpvca.gov>
Subject: RE: Problems with EDCO
Hi Ms. Sattler:
Thanks for reaching out to us.
We contacted EDCO regarding your email. In their response they indicated that the normal driver for this route was out
sick so a temporary relief driver was filling in. In reviewing their tracking system EDCO determined that your Recycle
container was indeed skipped but all others were serviced. They have no idea as to why this took place. They will be
having a meeting with their driver to figure this out.
Furthermore, EDCO does show that you made a phone call on Saturday and a work order was created. Unfortunately,
there was no driver available on Saturday and a truck was sent yesterday morning to service the recycling via the work
order that was made on Saturday.
They have indicated to us that they will be meeting internally to avoid a similar situation from happening in the future.
1
If any additional information is needed, please feel free to call me.
Regards,
Elias K. Sassoon, Director
Department of Public Works
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
Tel: 310-544-5335
Fax: 310-544-5292
In light of COVID-19 response measures from the Governor of the State of California and the Los Angeles County Public
Health Department, commencing Tuesday, March 17 through at least Friday, May 15th, the City of Rancho Palos Verdes
will only be providing Essential City Services that are necessary to protect the health, safety, and welfare of our
community and City Employees. To facilitate these measures, all non-essential staff will be working remotely. Inquiries
will be reviewed daily and will be responded to on a case-by-case basis. Please note: our response to your inquiry could
be delayed.
-----Original Message-----
From: Barbara Sattler <bsattler@igc.org>
Sent: Saturday, May 2, 2020 7:14PM
To: CC <CC@rpvca.gov>; Elias Sassoon <esassoon@rpvca.gov>; Ara Mihranian <AraM@rpvca.gov>
Subject: Problems with EDCO
Hello City Council and Staff:
While you are considering a rate increase for EDCO, I would like you to be aware of problems that we are currently
having with their service.
For the second time this month, EDCO has failed to pick up our regularly scheduled recycle and/or green waste cans.
The first time this happened was during our last rainstorm. I had to put the cans on the driveway in order to avoid them
being washed down the hill by storm water to Western Avenue. When I checked in the afternoon, I saw that the green
waste can had been knocked over onto its side. It did not get picked up that day. I called the next day
(Saturday) and was told that the greenwaste would be picked up later that day. It never was. I had to call again on
Monday in order to finally get the greenwaste can picked up.
A similar situation has happened again. This time our recycle can (properly placed in the street, with the lid down) was
not picked up. I called EDCO some time after 4 pm on Friday and was told that "they are still out there" and that it would
be picked up. But the recycling was not picked up. I called EDCO again at 8 am this morning (Saturday) and they
promised to piek it up today. They did not.
It is now 6:30 pm on Saturday. Our recycling for this week has not been picked up. Furthermore, two neighbors up the
street still have their full green waste cans out from Friday. Apparently EDCO also failed to pick up their cans on the
normal schedule. (This is the 1900 block of Avenida Aprenda, on the even-numbered side.)
2
We are paying for weekly service, but we are not getting it. We should not have to call for days in order to get the trash,
greenwaste or recycling picked up. We should not have to leave the cans out on the street for days. We should not have
to skip a week of service.
EDCO used to be pretty good. Their service has deteriorated significantly in the last month.
Barbara Sattler
3
From:
Sent:
To:
Cc:
Subject:
Attachments:
Lukasz Buchwald
Tuesday, May 5, 2020 1 :56 PM
CityCierk
Ara Mihranian; Elena Gerli
Late Correspondence for Consent Agenda Item K
RPV -SBFN Race MSA v4.pdf
Attached is the revised contract with Race Communications. Changes (just one word in in section 5.3) have been
highlighted.
Thanks!
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
MASTER PRODUCTS AND SERVICES AGREEMENT
CUSTOMER PROFILE
Legal Business Name: City of Rancho Palos Verdes
Phone#: 310-544-5200
Address: 30940 Hawthorne Blvd
City: Rancho Palos Verdes
State: CA
Zip/Postal Code: 90275
Federal Tax 10 or EIN: 95-2867872
GENERAL TERMS AND CONDITIONS
The se Genera l Terms and Conditions together with all Supplements, Order
Form(s). Ex hibits and other addenda attached hereto from time to time
constitute the Master Products and Ser vi ces Agreement ("Agreement")
which is effect iv e as of the last date of execution below ("E ffective Date")
by and be tween Race Telecommunications, In c.. ("Race"). a California
corporation, and Customer. Race and Customer are co llectively referred to
as the "Part ie s" or individually as a "Party".
1. DEFINITIONS
"Commencement Date" means the date upon which Race begins to provide
an ordered Product or Serv ice as more fully descr ib ed in the relevan t
Supp lement o r Order Form.
"Customer Location " refers to a location designated in an Order Form for
connection to the Race Network.
"Race Network" means, co ll ect iv ely, the fiber optic network, syste m
capacity and re lated fa ciliti es (including, without limitation, routers,
switches and communication channels) owned or cont rolled by Race to the
extent it app li es to the Product or Service.
"Order Form" refers to any, mutually executed, product order ("Product
Order"). service order ("Serv ice Order"). estimate ("Estimate"). or
statement of work ("Statement of Work") to these General Terms and
Conditions and respective Supp lement, detailing the Products or Services,
the Te rm , Customer charges, the est imated Commencement Date and any
other relevant terms agreed upon by the Parties.
"Prod uct s or Services" m eans the products or se rv ices provided by Race
(including, without limitation, Leased Fiber, In -Bu il ding Fiber, Co-locat ion,
Bandwidth, Managed Services, Voice Services and Capacity) to Customer.
"Supplement" means a fully executed supplement to th ese Genera l Terms
and Conditions each containing additional terms and co nditions that govern
the related Products or Services provided by Race .
"Term" m ea ns the period of tim e i n which Race provides Products or
Services to Customer pursuant to an Order Form and any renewals
thereto.
2. STRUCTURE OF AGREEMENT
From time to time, the Parties wi ll execute one or more Supp lement(s) and
Order Forms for Race to provide Products or Services, eac h of which is
automatically incorpo rated into this Agreement and subject to these
General Terms and Conditions.
01203.0001/644122.2 General Terms and Conditions 1
BILLING CONTACT
Name: Lukasz Buchwald
Title: IT Manager
Email: lbuchwald@rpvca.gov
Phone #:310-544 -5311
Alt Phone#: 951 -375-8487
Address: 30940 Hawthorne Blvd
City: Rancho Palos Verdes
State: CA
Zip /Po sta l Code: 90275
3. INVOICING AND PAYMENT
3.1. Installation Charge. If a non-recurring installation charge or setu p fee
("Installation Charge") is specifie d in an Order Form, Race will invoice
Customer for th e same upon the effective date of the Order Form ("Orde r
Form Effective Date"). and unless otherwise spec ified in the applicable
Order Form, Customer will pay such invoice upon the Order Form Effective
Date.
3.2. Recurring Charge. If a recurring charge ("Recurring Charge") (e.g.
Monthly Charge, Quarterly Charge, Annua l Charge, etc.) is specified in an
Order Form, Ra ce wi l l invoi ce Customer for and Customer will pay the
Recurring Charge in advance for each period upon receipt of suc h invoice.
Race will begin to in vo ice the Recurring Charge on the Commencement
Date. Invoices for partial months will be pro-rated . Multiple types of
Recurring Charge may be set forth in the Order Form.
3.3. Prepayment. Any prepayment ("Prepayment") specified in an Order
Form, is payable upon the Order Form Effec tive Date. If a Prepayment is
for a portion of a Term, the amount of su ch Prepayment w ill be appl ied as
a cr ed it to the fina l Recurring Charges at the en d of such Term.
3.4. Additional Charges. If applicable, Race will invoice Customer and
Customer will pay invoi ces for any add itional charges for Products or
Services which are specifi ed in an Order Form.
3 .5 . Applicable Taxes . Race will invoice Customer and Customer will pay
any and all applicab le ta xes ("Applicab le Taxes") as more fully desc ribed in
Section 4, below, with respect to specific Customer charges.
3.6 . Late Payments. All invoices must be paid in accordance with the ir
terms without setoff or deduction or serv ices will be subject to
interruption until payment is made in full.
3.7. U.S . Dollars. Unl ess otherwise specified on an Order Form, all
payments must be made by Customer to Race in U.S. dollars.
4. APPLICABLE TAXES
4.1. App licable Ta xes. In addition to other amounts due hereunder,
Customer shall be responsible for paying all App li cable Ta xes. "Applica ble
Taxes" means all taxes, lev ie s, fees, imposts, duties, charges, surcharges,
assessments or withholdings of any kind or nature lev ied or imposed upon
Race or Customer, ar ising from or re lating to the provision by Race of the
Services to Customer (including, without limitation, sales , exc ise taxes,
universal serv ice fees , any other FCC or state PUC fees, and any state or
lo cal utility or telecommunications taxes). together with any penalties,
fine s or interest (resulting from Customer's failure to pay App li cable Taxes
Initials___} __
hereunder after being invoiced for such) by any U.S. federal, state,
provincial or local government, public authority, including its agencies,
commissions and tribunals, or their designated agents, having jurisdiction
over this transaction. Customer shall not be responsible for and Applicable
Taxes shall not include taxes on the property or income of Race.
4.2. Notwithstanding the foregoing, Customer may provide Race with a
certificate evidencing Customer's exemption from payment of or liability
for any Applicable Taxes.
5. TERM
5.1. This Agreement commences on the Effective Date, and continues
through the latest expiration of all Order Form Term(s) subject to this
Agreement, unless earlier terminated as provided herein.
5.2. The Term for each Order Form begins on the Commencement Date of
the related Product or Service and remains in effect until the expiration of
the initial period so specified. Upon expiration of the initial term, and
provided that no type of Recurring Charge is fully prepaid pursuant to
renewal of the Agreement, each Order Form will automatically revert to
current market rate for services unless one Party provides the other
written notice that it is terminating such Order Form not less than sixty
(60) days' prior to the end of the Term then in effect.
5.3. If any order form is terminated by eitF!er ~arty. Customer any time
after the start of service but prior to the expiration of the term provided
herein, RACE shall be entitled to recover any installation and sign-up
charges conditionally waived by RACE as noted on the Service Order and
be liable on a prorated basis for any waived nonrecurring charges plus the
total monthly charges for the unexpired portion of the service.
6. DEFAULT
The following events are "Events of Default", the occurrence of which gives
the non-defaulting Party the right to terminate the affected Order Form(s),
or the entire Agreement for a nonpayment default, by written notice
following the expiration of any stated cure periods and pursue its remedies
under the Agreement:
a. Customer fails to fully pay any of the payments required
hereunder within thirty (30) days after receipt of written notice
of such failure; or
b. Except as provided in clause (a), above, the breach of any
material term or condition of this Agreement (including Order
Forms) and such breach remains uncured thirty (30) days after
delivery to the breaching Party of written notice of such breach. If
the breach is of a nature or involves circumstances reasonably
requiring more than thirty (30) days to cure, the time period may
be extended provided the breaching Party proceeds diligently to
cure the breach;
If Customer is in default, as set forth above, then, after expiration
of the cure period, Race may, in addition to any other remedies
that it may have under this Agreement or by law, suspend,
disconnect and/or repossess any Products or Services, provided,
however, that Customer will remain responsible to perform its
obligations hereunder.
7. REPRESENTATIONS AND WARRANTIES
7.1. Race warrants that any Products and Services to be provided to
Customer will be at a professional level of quality conforming to generally
accepted industry standards and in compliance in all material respects with
all applicable laws and regulations. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED
IN THIS AGREEMENT, RACE DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL
DTHER WARRANTIES, EXPRESS OR IMPLIED INCLUDING ANY AND All WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
7.2. Each Party represents and warrants to the other that (i) it is duly
organized, validly existing and in good standing under the laws of the state
of its organization, (ii) it has all requisite power and authority to enter into
and perform its obligations under this Agreement and all Order Forms, (iii)
it will comply with all applicable federal, state and local laws, statutes,
rules and regulations in connection with the provision and use of the
Products and Services and (iv) this Agreement and all Order Forms, when
executed, are the legal, valid and binding obligation of such Party.
7.3. Customer acknowledges that Race has no ability to determine
whether the communications traffic carried by the Products or Services
utilizing the Race Network is jurisdictionally interstate or intrastate.
Customer represents and warrants that the communications traffic to be
carried by the Race Network shall be jurisdictionally interstate, pursuant to
the Federal Communications Commission's mixed-use "10% Rule"(47 CFR
36.154, 4 FCC Red. 1352), unless Customer provides Race written notice
otherwise. In either case, Customer will pay all relevant FCC and state
Public Utilities Commission taxes and fees.
01203.0001/644122.2 General Terms and Conditions 2
8. LIMITATION OF LIABILITY; INDEMNIFICATION
8.1. THE TOTAL LIABILITY OF EITHER PARTY FOR DAMAGES ARISING OUT OF
OR IN CONNECTION WITH AN ORDER FORM (EXCLUDING EARLY
TERMINATION CHARGES (AS DEFINED IN THE RELATED SUPPLEMENT)) IS
LIMITED TO AN AMOUNT EQUAL TO THE TOTAL CHARGES PAYABLE BY
CUSTOMER DURING THE TERM SET FORTH THEREIN. NOTWITHSTANDING
ANY PROVISION OF THIS AGREEMENT TO THE CONTRARY, NEITHER PARTY
WILL BE LIABLE TO THE OTHER PARTY FOR ANY SPECIAL, INCIDENTAL,
INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT
LIMITATION, LOSS OF PROFITS, REVENUE OR LOST BUSINESS
OPPORTUNITIES (WHETHER ARISING OUT OF TRANSMISSION INTERRUP-
TIONS OR PROBLEMS, ANY INTERRUPTION OR DEGRADATION OF SERVICE
OR OTHERWISE), WHETHER FORESEEABLE OR NOT, EVEN IF A PARTY HAS
BEEN ADVISED BY THE OTHER PARTY OF THE POSSIBILITY OF THE DAMAGE
AND EVEN IF A PARTY ASSERTS OR ESTABLISHES A FAILURE OF ESSENTIAL
PURPOSE OF ANY LIMITED REMEDY PROVIDED IN THIS AGREEMENT. THE
LIMITATIONS SET FORTH IN THIS SECTION WILL APPLY TO CLAIMS OF
CUSTOMER, WHETHER OCCASIONED BY ANY CONSTRUCTION,
INSTALLATIONS, RELOCATIONS, SERVICE, REPAIR OR MAINTENANCE
PERFORMED BY, OR FAILED TO BE PERFORMED BY RACE, OR ANY OTHER
CAUSE WHATSOEVER, INCLUDING BREACH OF CONTRACT, BREACH OF
WARRANTY, NEGLIGENCE, OR STRICT LIABILITY. IN NO EVENT WILL EITHER
PARTY BE LIABLE FOR ANY LOSS OF DATA OR TECHNOLOGY.
8.2. Race agrees to indemnify, defend and hold Customer, its officers,
directors, employees, agents and contractors harmless from and against all
loss, damage, liability, cost and expense (including reasonable attorney's
fees and expenses) by reason of any claims or actions by third parties
against Customer for (i) bodily injury or death, and damage, loss or
destruction of any real or tangible personal property, which third party
claims arise out of or relate to Race's gross negligence or willful
misconduct or (ii) infringement or misappropriation by Race of any
intellectual property rights under this Agreement.
8.3. Customer agrees to indemnify, defend and hold Race, its officers,
directors, employees, agents and contractors harmless from and against all
loss, damage, liability, cost and expense (including reasonable attorney's
fees and expenses) by reason of any claims or actions by third parties
against Race for (i) bodily injury or death or damage, loss or destruction of
any real or tangible personal property, which third party claims arise out of
or relate to Customer's sole gross negligence or willful misconduct arising
out of or in connection with this Agreement, (ii) infringement or
misappropriation by Customer of any intellectual property rights under this
Agreement, or (iii) Customer's use of the Products or Services, including
without limitation, defamation, libel, slander, obscenity, pornography, or
violation of the rights of privacy or publicity, or spamming or any other
tortuous or illegal conduct.
9. CONFIDENTIALITY; PUBLICITY
9.1. Confidentiality. Each Party agrees that all information furnished to it
by the other Party under this Agreement, including maps, pricing, financial
terms, network routes, design information, methodologies, specifications,
locations or other information to which it has access under this
Agreement, are deemed the confidential and proprietary information or
trade secrets (collectively referred to as "Proprietary Information") of the
Disclosing Party and will remain the sole and exclusive property of the
Disclosing Party (the Party furnishing the Proprietary Information referred
to as the "Disclosing Party" and the other Party referred to as the
"Receiving Party"). Each Party will treat the Proprietary Information and
the contents of this Agreement in a confidential manner and, except to the
extent necessary in connection with the performance of its obligations
under this Agreement, neither Party may directly or indirectly disclose the
same to anyone other than its employees on a need to know basis and
who agree to be bound by the terms of this Section, without the written
consent of the Disclosing Party. Information will not be deemed
Proprietary Information if it (i) becomes publicly available other than
through the actions of the Receiving Party; (ii) is independently developed
by the Receiving Party; or (iii) becomes available to the Receiving Party
without restriction from a third party. If the Receiving Party is required by
a governmental or judicial law, order, rule, regulation or permit to disclose
Proprietary Information, it must give prompt written notice to the
Disclosing Party of the requirements of such disclosure and cooperate fully
with the Disclosing Party to minimize such disclosure, and disclosure after
such notice shall not be a breach hereof.
9.2. Publicity. Neither Party may issue any advertising or other publicity
material using the other Party's name or marks or describing in any way
the terms of this Agreement without first receiving the other Party's
Initials__/ __
N
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written consent as to form and content, which consent may not be
unreasonably withheld, conditioned, or delayed.
10. ASSIGNMENT
Neither Party will assign or transfer this Agreement without the other
Party's prior written consent, except that either Party may assign this
Agreement upon notice and without the other Party's consent to a person,
firm, corporation, partnership, association, trust or other entity (i) that
controls, is controlled by or is under common control with the assigning
Party or (ii) which purchases all or substantially all of its assets; provided
that the assignee assumes all liabilities hereunder in writing prior to the
effectiveness of such assignment. Any assignment or transfer without the
required consent is void and is considered a material breach of this
Agreement. Upon any permitted assignment, the assigning Party will
remain jointly and severally responsible for the performance under this
Agreement, unless released in writing by the other Party, and this
Agreement will be binding upon and inure to the benefit of the Parties
hereto and their respective successors and permitted assigns.
11. NON-SOLICITATION
From the date of the last engagement and for one year thereafter, neither
party will solicit for employment nor hire any employee or contractor of
other. (Neither an unsolicited request by an employee or contractor for
employment, nor a response by an employee or contractor to a generally
published advertisement shall be considered a solicitation pursuant to this
section.) Other than provided herein, neither party will solicit, directly or
indirectly, any employee or contractor of other and in no event, hire an
employee, agent or independent contractor of other, through any means,
including the hiring of an employee, agent or independent contractor by a
competitor of the other, where the hired person has served as an
independent contractor, subcontractor or other capacity for the other,
within the period described to herein, without the other party's prior
written consent. In the event a party breaches the above, they shall
immediately pay as liquidated damages to other an amount equal to 1.5
times the relevant person's then current annual compensation (or the
amount paid to or on behalf of the person during the last 12 months in the
case of an independent contractor).
12. FORCE MAJEURE
Neither party will be considered in breach of this Agreement nor liable
under this Agreement for any delays, failures to perform, damages or
losses, or any consequence thereof, caused by or attributable to an event
of "Force Majeure," which is defined as any cause beyond the reasonable
control of the party claiming relief, including without limitation the action
by a governmental authority (such as a moratorium on any activities
related to this Agreement or changes in government codes, ordinances,
laws, rules, regulations, or restrictions occurring after the Effective Date),
third-party labor dispute, flood, earthquake, fire, lightning, epidemic, war,
act of terrorism, riot, civil disturbance, act of God, sabotage, fiber cut
caused by a third-party or failure of a third party to recognize a permit,
authorization, right-of-way, easement, right, license or other agreement
obtained by Race to construct and operate its facilities or network.
13. NOTICES
All notices, including but not limited to, demands, requests and other
communications required or permitted hereunder (not including invoices)
must be in writing and will be deemed given: (i) when delivered in person,
(ii) one (1) business day after deposit with an overnight delivery service for
next day delivery, or (iii) three (3) business days after deposit in the United
States mail, postage prepaid, registered or certified mail, return receipt
requested, and addressed to the recipient Party at the address set forth on
first page hereof. In addition, Race may send Customer notices, other than
notices for default or termination, to Customer's email address as
contained on Race's customer contact list. Such email notification is
deemed delivered on the day sent unless returned to sender.
14. MISCELLANEOUS
14.1. Governing Low. This Agreement will be interpreted and construed in
accordance with the internal laws of the State of California without giving
effect to its principles of conflicts of laws. This Agreement and the duties
and obligations of the Parties hereunder shall be enforceable against any
of the Parties in the courts of California. Venue shall be in the Superior
Court, County of Los Angeles, or the Central District of California, as
applicable.
14.2. Survival. The Parties' respective representations, warranties, and
covenants, together with obligations of indemnification, confidentiality
and limitations on liability will survive the expiration, termination or
rescission of this Agreement and continue in full force and effect.
14.3. No Third-Party Beneficiaries. The covenants, undertakings, and
agreements set forth in this Agreement are solely for the benefit of and
enforceable by the Parties or their respective successors or permitted
assigns.
14.4. Relationship of the Parties. The relationship between the Parties
hereunder is not that of partners or agents for one another and nothing
contained in this Agreement may not be deemed to constitute a
partnership, joint venture or agency agreement between them.
14.5. Remedies Not Exclusive. Except as otherwise expressly provided, the
rights and remedies set forth in this Agreement are in addition to, and
cumulative of, all other rights and remedies at law or in equity.
14.6. Headings; Severability. The headings in this Agreement are strictly
for convenience and do not amplify or limit any of the terms, provisions or
conditions hereof. In the event any term of this Agreement is held invalid,
illegal or unenforceable, in whole or in part, neither the validity of the
remaining part of such term nor the validity of the remaining terms of this
Agreement will be in any way affected.
14.7. No Implied Waiver. No failure to exercise and no delay in exercising,
on the part of either Party, any right, power or privilege hereunder will
operate as a waiver, except as expressly provided herein.
14.8. Execution and Counterparts. This Agreement may be executed in
counterparts, including by facsimile transmission, each of which when
executed and delivered is an original, but all the counterparts together
constitute the same document.
14.9. Order of Precedence. If any conflict or contradiction exists between
these General Terms and Conditions and a Supplement, the terms of a
Supplement will control. If any conflict or contradiction exists between a
Supplement and the terms of an Order Form, the terms of the Order Form
will control. If any conflict or contradiction exists between these General
Terms and Conditions and the terms of an Order Form, the terms of the
Order Form will control.
14.10. Attorneys' Fees. If either party to this Agreement is required to
initiate or defend or made a party to any action or proceeding in any way
connected with this Agreement, the prevailing party in such action or
proceeding, in addition to any other relief which any be granted, whether
legal or equitable, shall be entitled to reasonable attorney's fees, whether
or not the matter proceeds to judgment.
15. ENTIRE AGREEMENT; AMENDMENT; EXECUTION
This Agreement, including all Supplements, Order Forms, Exhibits and
addenda attached hereto is the entire agreement between the Parties with
respect to the subject matter hereof and supersedes any and all prior
negotiations, understandings and agreements, whether oral or written.
This Agreement may be amended only by a written instrument executed
by the Parties.
The Parties have executed this Agreement as of the last date of execution below.
RACE TELECOMMUNICATIONS, INC. CUSTOMER
BY:. _______________________ ___ BY:. ___________________________ _
Print Name:. ________________ _ Print Name:. __________________ _
Title: _____________________ _ Title: ______________ _
Date:, ____________ _ Date: ______________ _
01203.0001/644122.2 General Terms and Conditions 3 Initials__/ __
AUTHORIZED CONTACTS
PRIMARY CONTACT TECHNICAL CONTACT
Name: Lukasz Buchwald Name: Lukasz Buchwald
Title: IT Manager Title: IT Manager
Company (if different): Company (if different):
Email: lbuchwald@rpvca.gov Phone #:310-544-5311 Email: lbuchwald@rpvca.gov Phone #:310-544-5311
Alt Phone#: 951-375-8487 Alt Phone#: 951-375-8487
Fax#: Fax#:
Address: 30940 Hawthorne Blvd Suite/Unit/Floor: Address: 30940 Hawthorne Blvd Suite/Unit/Floor:
City: Rancho Palos Verdes State: CA Zip/Postal Code: 90275 City: Rancho Palos Verdes State: CA Zip/Postal Code: 90275
OTHER CONTACT OTHER CONTACT
Name: Name:
Title: Title:
Company (if different): Company (if different):
Email: Email:
Phone#: Phone#:
Alt Phone#: Alt Phone#:
Fax#: Fax#:
Address: Address:
Suite/Unit/Floor: Suite/Unit/Floor:
City: City:
State: Zip/Postal Code: State: Zip/Postal Code:
OTHER CONTACT OTHER CONTACT
Name: Name:
Title: Title:
Company (if different): Company (if different):
Email: Email:
Phone#: Phone#:
Alt Phone#: Alt Phone#:
Fax#: Fax#:
Address: Address:
Suite/Unit/Floor: Suite/Unit/Floor:
City: City:
State: Zip/Postal Code: State: Zip/Postal Code:
01203.0001/644122.2 General Terms and Conditions 4 Initials__/ __
SERVICE LEVEL AGREEMENT
PRIVATE LINE OUTAGE POLICY:
SLA for Domestic Private Line Services
1. SERVICE LEVEL OBJECTIVES
Race wi ll meet a Service Availab ili ty of 99.99% for domest ic ci rcuits. This
SLA sets forth the cred it(s) that Customer will receive if the Service Levels
are not met, in add ition to those rights and remedies avai lable under the
Agreement.
2. ALLOWANCE FOR SERVICE OUTAGE PERIODS
2.1. A Circuit sha ll be deemed to be in an outage condition if, while
Customer is using or attempting to use such Circuit, such Circuit loses
continu ity, becomes unavailable or fa il s to comply with the applicable
specificat ions fo r such Ci rcuit ("Outage"). Subject to the restrictions
herein, Customer is entitl ed to an "Outage Credit" in the event that the
Service Levels described in this Agreement are not met. An "Outage
Period" begins when a report is made to RACE's Network Control Center
from Customer by telephone that the Service has been impaired, lost or
interrupted. Customer must agree that such Circu it is released for repair
by RACE or it s agent. An Outage Period ends when the Circuit is restored.
RACE wi ll notify cus tom er by telephone and Customer will confirm that
Serv ice has been restored. Any additional time necessary for Customer's
confirmation shall not operate to extend the ca lculati on of the Outage
Period. Events that cause an Outage but involve simultaneous mult ipl e
failures, sha ll be treated as one single Outage for purposes of calcu lation of
Outage Credits.
a. All Outage Credits shall be subject to the following restrictions:
(i) No credit shal l be all owed with respect to any period during which
Customer fai ls to afford access to any facilities provided by RACE for the
purpose of investigating and correcting an interruption to Service.
(ii) The Monthly Lease Rates used to determine any credit hereunder
sha ll be the then current Monthly Lease Rates being assessed.
(iii) In no event shall any cr edit be all owed hereunder (1) in excess of the
then current Monthly Lease Rate for the appl icable Circuit, or (2) with
respect to any Circuit for which Customer (i) fails to make or (ii) is
excused from making any payment because of operation of law or any
other reason.
2.2. The duration of the Outage Period and Outage Credits wi ll be
determined at the sole discretion of RACE, based upon RACE's internal
records. Customer sha ll have the right to request credit(s) for a period of
thirty (30) days after the occurrence of an outage or al leg ed outage.
Customer sha ll have the right to contest any ca lcu la t ions of cred it(s) for a
period of thirty (30) days after Customer's receipt of invoice on which said
credit(s) appear.
2.3. No Outage Credits are allowed for Outage Periods:
a. Caused directly or indirectly by the acts or om iss ions of Customer;
b. Caused by the failure of equ ipm ent or systems provided by Customer
or any third party (not under the direction or control of RACE), includi ng
ouo3.ooo1/644122 .2 Service Level Agreement
Initials_/ __
any provider of local access service to RACE contracted for, by or on
beha lf of Customer (in such case, RACE will coord inate with such local
access serv ice provider to cure such failure as quickly as practicable);
c. Caused by a Force Majeure event;
d. Occurr ing with respect to a Circu it released by Customer to RACE (i) to
perform maintenance, (ii) to make rearrangements at the direction of
Customer, or (iii) to implement an order from Customer for a change in
the Circu it; or
e. Occurring with respect to a Circu it that Customer elects not to release
for testing or repair and continues to use on an impaired basis.
f. Interruption of Service on a Circuit for ma int enance. RACE shall use its
best efforts to give Customer two (2) days prior notice thereof by
te lephone, facsimile or e-mail. RACE will use its best efforts to schedule
such Serv ice Interruptions between midnight and 6:00a.m. for domest ic
circuits. Credits will not be all owed with respect to such Service
interruptions if RACE has used its best efforts to so notify Customer in
accorda nce with this paragraph.
2.4. The credi t s and/or cance ll ation of a Circuit in the case of chron ic outage
problem provided for hereunder shal l be RACE's so le liability and Customer's
so le remedy in the event of any outage period or interruption of Service .
3 . SERVICE LEVEL OUTAGE CREDITS
3.1. Domestic Service Level Outage Credits will be ca lcu lated and granted
based upon the following Serv ice Availability Objective:
Domestic Outage Credit Schedule
Outage levels Outage Time Per iod Outage Credits
Level 0 Outage 0 minutes to less than 30 minutes =No Cred it
Leve ll Outage 30 minutes to less than 60 minutes = 1 Hour Cred it
Level 2 Outage 60 minutes to less than 120 minutes = 4 Hours Credit
Level 3 Outage 120 minutes to less than 4 hours = 8 Hours Credit
Level 4 Outage 4 hours to less than 8 hours = 24 Hours Credit
Level 5 Outage 8 hours to less than 24 hours = 2 Days Credit
Level 6 Outage 24 hours+ =Actua l plus 2 Days Cred
4. Chronic Outage .
Customer sha ll have the right to terminate the Master Products and Services
Agreement in the event of any Chronic Serv ice Qua lity Problem (as
hereinafter defined) upon thirty (30) days written notice to RACE. As used
herein, the term "C hroni c Service Quality Problem" shall mean (i) any one
Outage last ing more than four (4) days or (ii) three (3) or more Outages, with
each Outage lasting at least thirty (30) continuous minutes, in any sixty (60)
day period. In the event of a termination for a Chronic Service Quality
Problem, Customer shall only be responsible for the payment of charges for
the Service incurred prior to the termination date, but sha ll not be otherwise
liable for any early termination penalties
I
'DEDICATED INTERNET SERVICES
City of Ran c ho Palos V erdes
Prepared on 02 10712020 Quote #9019
Service Address : 30940 Hawthor~e ; Rancho Pa los Verdes , CA; 90275
--1
I
I
· , . ' · , '! Te rm j Qty. l . Setu p i Monthl y J -'\ 1 t s ' ' •
Oed~ted Internet DIA G l ~ (1000Mbps/1000M~~
Dedlcated Internet DIA 2 GIG (2000Mbps/2000Mbps)
D!_~ated ~rne t ~A tO GIG (10000Mbpsi10_!JOOMbps) _
! ·sam Term op tions
3~m~-
36m
36m
t:LBase n;o~lhiYPa~e fee s DO NOT include lede;:;l or stale taxe s~--~-~ ~
~OT~E R SERVIC t:_S~~t ces Telephony , Data center services
--+--~~~~~~-~ ----r=; --= ---,-
___ -j
~-------I
I • Notes __ ~------------~~---~~---------
GENERAL TERMS & CONDIT IONS
·t
~~---o-:Qo ,.--~,-,o-oo~
2.000.00 _,
2.750.00
~~~~
f-+
---t--~--o:~::::~~+ ~~-~-:~~~,
r-----~
l
SUBTOTAL ! $0.00 $1,000.00
·-' =ttl-:i --i
~~0~~---~~~
-0.00 _l__ ---~
SUBTOTA L I $0.00 =r. ------=1
TOTALS ONE-TIME MONTHLY
$0.00 $1 ,000.00
Th1s eStimate is for equipment and/or th e installation of se rvice(s) and/or service equipment. All pricing is eStim ated and 1s subject to network capacity verification and engrneenng. Service is dehvered to Race demarcatiOn point (MPOE unless
'otheiVJise stated ). Extension of service fr om Race demarcation po int to a custom er suite is not 1ncluded unless specif1ed under Extended In sta ll ation Services. Standard install ation timeframe, from t1me of 01der, is approxi mately 30 days unless I otherwise noted. Federal and/or state ta~es and fees are not included. Any add1\1onal service outside of the scope of this estimate wi ll require an amen dment to th e estimate or must be ordered separately. Any hardware be ing sold does not include
sales taK or shipping and handling lees. Sa les taK and shipp ing fees wi ll be added once estimate is convert ed to an mvoice or bi lling statement. For cu stomers entenng 11110 a term agreement an early termination fee w1ll apply and will be equal to
I the amount of the original setup fee for said package.
LIMITED WARRANTY
Th1s l tmrted Warranty is limited to one year 1/lS\allatJOn and labor warranty of all components installed by Race . Parts are limited to defects 111 materi als and workmanship of the product as supplied by the manufactu re r. If parts are suppl1ed by R ace
and defectiV e. they will be eKchangeable W1\h 1n 30 days from date of purchase. After 30 days, parts are to be repa1red under the manufacturer warr anty terms. Should an tssue arise within a manufactures warranty penod. Race Will asstst 1n getting
the product warranted by the manufacturer. Th1s warranty does not cover parts and labor that fall as a result of rmproper use, misuse. abuse or the failure of another part.
AUTHOR IZAT ION
'I hereby accept the terms and cond1\1ons of thiS order. By sigmng. you are au thorizing Race to do the work as specif1ed in this agreement and agree to all terms in Race"s Master Products and Service Agreement.
'
CUSTOMER RACE COMMUNICATIONS
AUTHOR IZED SIGNATURE ------------------------------------AUTHORIZED SIGNATURE ·-----------------------------------
PR INT NAME ------------------------------------------PRINT NAME·------------------------------------------
TITLE:----------------------------------------------TITLE ----------------------------------------------
EFFECTIVE DATE :-----------------------------------------EFFECTIVE DATE·----------------------------------------
TO:
FROM:
DATE:
SUBJECT:
CITY OF RANCHO PALOS VERDES
HONORABLE MAYOR & CITY COUNCIL MEMBERS
CITY CLERK
MAY 4, 2020
ADDITIONS/REVISIONS AND AMENDMENTS TO AGENDA
Attached are revisions/additions and/or amendments to the agenda material received
through Monday afternoon for the Tuesday, May 5, 2020 City Council meeting:
Item No. Description of Material
Public Comment Emails from: SUNSHINE and Carol Mueller
H Emails from: Carol Mueller and Dottie Hashizumi
Email from: Julian Foley
L Email from: SUNSHINE
1. Email from: SUNSHINE
Respectfully submitted,
L:\LATE CORRESPONDENCE\2020 Cover Sheets\20200505 additions revisions to agenda thru Monday.docx
From:
Sent:
To:
Cc:
Subject:
SUNSHINE <sunshinerpv@aol.com>
Thursday, April 30, 2020 11:27 AM
John Cruikshank; CC; CityCierk
PC; FAC; imac; EPC; info@pvpwatch.com; TSC
The New Normal -Revisit Unwritten City Policies
Dear Mr. Mayor and RPV City Council Members,
Given the mix of new Council Members and those who served prior to the NCCP, there appears to be
a gap in the "Corporate Memory". Asking me to keep my comments "brief' is rather like an English
Professor advising his students to read CliffsNotes instead of the whole novel. So much "knowledge"
is not available for future decision making.
The New Normal appears to have opened up an opportunity for everyone to acquire more knowledge
or succumb to the short-cuts which Information Technology provides. My challenge to you, five, is to
get our City Manager to disclose the Staff Interpretations of policies which are influencing Staff's
Recommendations.
One example of that is to get them to finish the Official General Plan Land Use Map "corrections" and
the draft update of the Official Zoning Map. That requires the application of some "Policies" which the
City Council has never had the opportunity to discuss. There are consequences which may or may
not be "unintended". I happen to suspect that they are intended and therefor, not considered a
"downside to doing nothing".
The Palos Verdes Loop Trail as a concept for a continuous, approx .. 26.2 mile, at least TYPE 5,
accessible to the public, unpaved pathway around the Palos Verdes Peninsula, is no longer viable
based on RPV's cumulative avoidance of explaining to Council which "policy" they are recommending
be implemented on individual "projects". Many other health, safety and welfare "amenities" are being
modified without an opportunity for the Council, Planning Commission, Citizen Advisory Committees
and the public to discuss Staff's choice of what is "appropriate".
Here is how Information Technology is an opportunity. Should they know about it, how to access it
and choose to take the time to watch it, anyone can now view the City Council's Workshop on the
proposed Budget for Capital Improvement Projects. YEA!
1
Council made and approved a Motion to Receive and File ... Situation normal. You all asked some
good questions, got some fuzzy answers and some promises. Also, situation normal.
Here is the new potential... How is anybody going to get to use this information and how is anybody
going to be able to get the information which was not provided in the Staff Presentation and
discussion? We need an ongoing process/data base something like the responses on the comments
on the draft NCCP. Plus, comments on the responses until it becomes clear that council needs to
choose a direction. Getting to view a meeting after the fact expands the situation which I have always
found annoying. After the Public Hearing is closed, Council gets to ask Staff more questions. When
Staff doesn't know the answer or is incorrect or incomplete, I frequently know the whole, correct
answer and never have the opportunity share this information prior to Council's motion and vote.
Every project should go through this extended dialog before it lands on Council's Consent Calendar.
Every presentation to an Advisory Committee should get a "second reading", too. And, this should
help with turning up omissions on overlapping objectives and Policies.
TMI (Too Much Information) like 100+ page Agenda Reports and Late Correspondence which does
not fit on a text message is a problem. While watching the CIP Workshop, I took down four pages of
notes. Should I take the time to type them into answers to Council's questions, questions of my own
and more IT observations? My comments on the CIP presentation to the Planning Commission
(COD) and the I MAC (PW) did not get passed along as a progression of clarifications.
As always, it all comes down to what is and is not the Budget. Personally, I am concerned about
what is being described as "Capital Improvements" without an equally described list of Depreciation
Accounts (deferred maintenance) which are not funded by the TOT. Wildfire mitigation needs to be
integrated, not a separate subject.
Mr. Mayor. Please reply. We "Trails Junkies" have given up. Is there any hope for citizen input
about the rest of the City's infrastructure? ... S
2
From:
Sent:
To:
Subject:
LC
Teresa Takaoka
Friday, May 1, 2020 10:34 AM
Nathan Zweizig; Enyssa Momoli
FW: RPV Issues -5/5/20 Council meeting
From: Carol Mueller <cmuell@verizon.net>
Sent: Friday, May 1, 2020 9:57 AM
To: CC <CC@rpvca.gov>
Subject: Fwd: RPV Issues-5/5/20 Council meeting
Forgot to mention the new EDCO negotiations, etc. Never seen more selfish people than union/goberment
people. Time for our City Council to put their foot down. Seniors (on a lower base) received a 1.6% increase for 2020.
January bills took care of that ... lt seems to be clear that we need a more educated/alert team for negotiations as this has
been going on for years. I have suggested in the past that some of us empty nesters be allowed to share a small trash
can. In my immediate area, three of us each on average have a little plastic bag (remember those) each week. And,
isn't it amazing, those bag are no more, but must use people dirty bags ... but now, no more, they can carry the virus. I
recall writing to Ralph's re this subject of germs ... but obviously all ignored.
Carol
-----Original Message-----
From: Carol Mueller <cmuell@verizon.net>
To: cc@rpvca.gov <cc@rpvca.gov>
Sent: Fri, May 1, 2020 9:24 am
Subject: RPV Issues -5/5/20 Council meeting
Please allow these comments for your 5/5/20 Council meeting. I live on Beechfield Dr. which is in the Vista Grande
area. I believe my address is pretty well known at City Hall partially re supporting some RINO's , it appears. By the
way, my lot is bigger than some in the lesser populated areas. As to having an over sized home, a former female
colleague lives in a $40M estate ... now I would say that is over sized. She is quite comfortable!
Re: Peafowl -Someone commented that we can save a little money vs. a year of trapping expenses. What about
saving us from the new Community Center Private/Public financing fraud without the people's vote? I believe one time
more than a year or two ago, you published the amount of taxpayer$$$ you expended, but I have seen no further
reports. So how many taxpayer$$$ have you expended to date? And what has been spent since, and how much do you
project for the future. You all seemed to know that the bed tax and other sources of$$$ has gone south.
Peafowl: I think you got it right in that they seems to find the area where people feed them. Within a few blocks of my
home, I can tell you I have seen evidence of three houses where feeding occurs. There are no teeth in punishing these
feeder/animal lover people, so why stop? As Dyda said, yes, they do considerable property damage. You stated the
average reproduction is three per peafowl. .. try half dozen or more little peeps in our area. Right again, apparently,
reproduction increases where they are fed! Yes, they are very cute as they waddle down the street, but the survivors
grow up! The beauty of them dissipates with repair bills particularly when us seniors can't self approve a union
salary/pension increase. As someone at City Hall advised one of my neighbors, "Maybe you would be happier living
at the zoo". From the day she moved in, she started complaining that she didn't like my deck (been there since 1979/80
done under a permit). So why did she buy the house? She told me she was going to get her property surveyed. I
advised her that I had our property line surveyed before the deck was built, but go ahead if you have money to
burn. Someone must have advised her that she couldn't tear into my deck totally on my property.
As to the Small Business assistance with our taxpayer $$$. It must be nice to get a little from each of the local, state and
federal goberments. I wonder, not really, if these people are required to prove a need? I once heard that many of the
"Mom and Pop" business are loses for a tax deduction re the higher paid spouse.
I had a raw egg thrown towards the front of my house this week. I must have hit the nail on the head somewhere! Sure
will be helpful when things go back to normal operations including the City Hall meetings. The professionals seem to
televise from home better. Unless the sheeple speak up, doubt that will ever happen.
Carol Mueller
2
From: Lauren Ramezani
Sent:
To:
Monday, May 4, 2020 10:08 AM
CityCierk
Cc: Elias Sassoon
Subject: FW: EDCO
Late Correspondence for Item # H.
Thanks
Lauren Ramezani
Sr. Administrative Analyst-Public Works
L..city of Rancho Palos Verdes
310-544-5245
30940 Hawthorne Blvd, RPV CA 90275
Laurenr@rpvca.gov
http://www.rpvca.gov
From: Lauren Ramezani
Sent: Monday, May 4, 2020 10:06 AM
To: 'DOTIIE HASHIZUMI' <dottiehash@cox.net>
Subject: RE: EDCO
Good morning Dottie,
Thank you for reaching out to us. I'm the City's recycling coordinator. I left you a message a few
minutes ago. I wanted to know what were the issues you were experiencing with EDCO and how I
could be of assistance.
Feel free to call 310-544-5245, or email me Laurenr@rpvca.gov.
Thanks
Lauren Ramezani
Sr. Administrative Analyst-Public Works
L City of Rancho Palos Verdes
310-544-5245
30940 Hawthorne Blvd, RPV CA 90275
Laurenr@rpvca.gov
http://www.rpvca.gov
From: DOTIIE HASHIZUMI <dottiehash@cox.net>
Sent: Thursday, April 30, 2020 9:57 PM
To: PublicWorks <PublicWorks@rpvca.gov>
Subject: EDCO
1 \-\.
Go back to Waste Mgmt.
Been in my home going on 47 years
Yes, I've talked to the supervisor, but they don't deserve an increase!!
Dottie Hashizumi
22 Coveview Drive
310-210-4269
2
From: Lauren Ramezani
Sent:
To:
Monday, May 4, 2020 9:40 AM
CityCierk; CC
Cc: Elias Sassoon
Subject: FW: You mean we have recycle food waste. It cannot be comingled with trash?
Late Correspondence regarding Item, I. Adopt Organics Waste Recycling Ordinance No. 635
Thanks
Lauren Ramezani
Sr. Administrative Analyst-Public Works
City of Rancho Palos Verdes
310-544-5245
30940 Hawthorne Blvd, RPV CA 90275
Laurenr@rpvca.gov
http://www.rpvca.gov
From: Lauren Ramezani
Sent: Monday, May 4, 2020 9:33 AM
To: 'julianpfoley@msn.com' <julianpfoley@msn.com>
Subject: FW: You mean we have recycle food waste. It cannot be comingled with trash?
Good morning Mr. Foley,
Thank you for reaching out to us. I'm the City's recycling coordinator. At this time you (i.e. residential
properties/households) are not required to separate your food waste from trash.
However, effective 2022 there will be new recycling regulations that would require that from
residential properties/households. More information regarding residential food waste recycling would
be provided by the City and EDCO in 2021.
Thank you.
Thanks
Lauren Ramezani
Sr. Administrative Analyst-Public Works
t.. City of Rancho Palos Verdes
310-544-5245
30940 Hawthorne Blvd, RPV CA 90275
t,aurenr@rpvca.gov
.bJJJ?.JLwww.rpvca.gov
1
From: julian <julianpfoley@msn.com>
Sent: Friday, May 1, 2020 11:52
To: cc@rpvca.gov
Subject: You mean we have recycle food waste. It cannot be comingled with trash?
Julian
Sent fl·om my Galaxy TabCR.) A
2
From:
Sent:
To:
Cc:
Subject:
SUNSHINE <sunshinerpv@aol.com>
Sunday, May 3, 2020 12:28 PM
CC; CityCierk; Lukasz Buchwald
PC; FAC; imac; EPC; TSC
RPV City Council May 5, 2020 Consent Calendar Agenda Item L. Waste Management
Dear Mr. Mayor, Council, Staff and the listening citizens,
Given the potential technical difficulties with participating in a virtual meeting, I would be most pleased
if my request to speak was considered a reason to take this item off of the Consent Calendar and
hold a Council discussion immediately after the rest of the Consent Calendar is dealt with. I will be
attempting to be standing by however, I suspect that it is Staff which has some explaining to do. This
is a big decision in long term risk management.
If I cannot be heard, please have this read into the Record.
Mr. Mayor, Council, Staff and the listening citizens,
Out of a nine page Staff Report, the question on the table is whether or not the Majority
of the RPV City Council supports changing the word "provisions" to the word
"regulations". See page B-2, page 6 of 9.
Supporting an amendment as opposed to questioning the consequences of the original
Senate Bill is just "busywork". Man-made "Global Warming" is a debunked notion.
Why should the City have to prove a "good faith effort" to implement its Organic Waste
Landfill Disposal Reduction Program when we should be questioning why we have one
in the first place.
Organic waste in a landfill produces methane gas. The way I hear it, the methane gas
recovery system at the PV Landfill was a successful "green power supply". Where is
this specially separated organic waste being taken?
1
L.
California Department of Resources Recycling and Recovery (Cal Recycle) is another
one of those "deep state" agencies which is hiding its purpose. Notice that SB 1191
has support from various governmental associations, environmental groups, and a
number of other governmental agencies. It is just like the NCCP ... A Band-Aid on an
unfunded mandate from a higher Agency. If the public supported this, they would be
happily buying the service.
My questions for Council to ask Staff dig deeper. Where is the analysis of "the
downside of doing nothing"? Did you not see the "60 Minutes" segment on how
recycling is not accomplishing its stated purpose? Where is the draft letter to President
Trump supporting the repeal of the Environmental Protection Act?
Oh. I still think that the recycle incentive drawing has become a misdirection of public
funds. Staff has not responded.
Thank you for your time and consideration.
SUNSHINE
Rancho Palos Verdes
2
From:
Sent:
To:
Cc:
Subject:
Attachments:
MEMO
DATE: May 1, 2020
SUNSHINE <sunshinerpv@aol.com>
Friday, May 1, 2020 3:16 PM
CC; CityCierk; EPC
PC; FAC; imac; clauderpv@hotmail.com; idsloan@aol.com; jcsmolley@cox.net; gardner4
@earthlink.net; bzzask@gmail.com
May 5, 2020 Council Agenda Item 1, Wildfire Abatement Presentation
CherryHilllaneandVicinity.pdf
TO: RPV City Council, Staff and interested parties
FROM: SUNSHINE, 310-377-8761
RE: May 5, 2020 Council Agenda Item 1, Wildfire Abatement Presentation
Kudos to the Emergency Preparedness Committee. A Citizen Advisory Committee has finally
managed to move something forward which Staff did not create in their comfort zone.
I urge the Council to put some teeth into their "further direction". I particularly like the suggestion
that Staff set a good example.
§ Bottom line: A neighborhood's fire resistance only as good as its weakest property.
In the Portuguese Bend Community Association (PBCA), the City holds more Memberships than
any other party. In the case of the Cherryhill Area, between the PV Drive South GIS
version of the Public Right of Way and the PV Drive South physical Line of Occupancy,
the City is harboring a forest of acacias, eucalyptus and misc. dead wood which is down-
slope and upwind of residential structures. They have known about it for years. If it is any
incentive to get this hazard abated soonest, the eucalyptus trees are encroaching on my
view of the ocean.
See the attached, undated, RPV produced document. The "forest" extends further to the
west. For those who can remember that far back, this graphic shows when the City was
1
pursuing the purchase of a tax defaulted lot which according to the "lot lines don't move"
position, caused me to invite the City Council into your/my kitchen. The City did not
purchase the lot and in the meantime, my home has moved south "out of harms way".
Council (no more than two at a time per The Brown Act) is still welcome to come by and
chat. Keeping a six-foot distance is easy at SUNSHINE's Cantina. The view would be
better without the trees.
RPV Staff has also not been supportive of the PBCA Board's efforts to get SoCal Edison,
LA County Fire and LA County Weed Abatement to enforce last year's "line of defense"
recommendations. Last year, I spent $3,000.00 more than I usually do on tree trimming. I
have already spent $2,000.00 this year. If the Community Association cannot get our
biggest member and LA County to cooperate, how are we supposed to lean on absentee,
vacant lot owners?
Accurate information is wonderful. Specific and timely Council directions are even better.
A coordinated follow-up by Staff is what I keep waiting for. There is a serious downside to
doing nothing more than "receive and file". Is this not getting done because it is not in the
Budget??? That is Staff's excuse for not maintaining and restoring trail connections.
I will sign up to watch the virtual meeting. If I can figure out how to speak when called
upon, I will limit my testimony to my request for the Cherryhill Area Wildfire Mitigation and
be available to answer questions.
2