20200831 Late CorrespondenceTO:
FROM:
DATE:
SUBJECT:
CITY OF RANCHO PALOS VERDES
HONORABLE MAYOR & CITY COUNCIL MEMBERS
CITY CLERK
AUGUST 31, 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, September 1, 2020 City Council meeting:
Item No.
c
D
E
H
1
2
4
Description of Material
Updated typographic error on Staff Report pg.3
Email exchange between Senior Administrative Analyst Lozano and
Sunshine
Email from: Brian Whitten
Email from: Sunshine; Jean Longacre
Email exchange between City Manager Mihranian and Tom Irish
Email exchange between Senior Administrative Analyst Lozano and
Donna Mclaughlin; Brian Whitten
Email from: Thomas & Barbara Chargaff; Sunshine; J. Timothy Fives;
Sharon Dyer; Dr. Linda L. Varner; Diane Montalto; Miguel Castaneda;
Sharon Benton; Jackie Morley; Frank Sanic; Teri Hogan; Karen E;
Marc & Carrie Fernandez; Brian Whitten; Marian Locascio; Kurt
Schellenbach; Donna Mclaughlin; Marcia Watanabe; Laurie Smith;
Julie Winter; Gerard Melling; Anita Harrison; Terry & Jim Scott; Leslie
Gold; Rick Bragg
Email from: Sunshine
Email from: Matthew Gelfand
Email from: Mickey Radich
Email from: Craig Whited
Additions/Revisions and Amendments to the Agenda
Monday,August31, 2020
Page 2
Respectfully submitted,
L\LATE CORRESPONDENCE\2020 Cover Sheets\20200901 additions revisions to agenda thru Monday.docx
L:\LATE CORRESPONDENCE\2020 Cover Sheets\20200901 additions revisions to agenda thru Monday.docx
From:
Sent:
To:
Cc:
Subject:
Attachments:
To City Clerk's Office :
Charles Eder
Monday, August 31, 2020 3:45 PM
CityCierk
Lauren Ramezani; Ron Dragoo
Late Correspondence -Item C -Award Burma Road Gate -Table Corrected
RPVCC_09012020 Award Burma Trail Gates .pdf
Late Correspondent-Consent Calendar Item C-There are two inadvertent typographic errors in the Staff Report for
11 Award Burma Trail Gates" (attached). The corrections are on the table in page 3 of the staff report and are shown
below in red below.
The project total remains the same, but the Construction and Contingency amounts should read as follows:
8422 -Project Cost Summary
Description
Original Budget
Project Costs:
8802 Construction
8802 Construction Contingency
Total Project Costs
Uncommitted/Unspent Balance
Please make note of the changes (in red).
Thank you .
Charles Eder, PE
Senior Engineer
Department of Public Works
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
Tel: 310-544-5282
Fax: 310-544-5292
Budget
100,000 .00
Committed
49 ,270
4 ,927
54,197
$ 54,197
Notes
FY20 -2 1 Budget
YTD
Expenses Balance
-49 ,270 Pending approval CC
9/1/2020
-4,927 Pending approval CC
9/1/2020
-54,197
$ 54,197
c .
CITY OF Rt\NCHO PALOS VERDES
CITY COUNCIL
AGENDA REPORT
MEETING DATE: 09/01/2020
AGENDA HEADING: Consent Calendar
AGENDA TITLE:
Consideration and possible action to award a construction contract for the Burma Road
Trailhead gate.
RECOMMENDED COUNCIL ACTION:
(1) Award a construction contract to Metrocell Construction, Inc., in the not-to-
exceed amount of $49,270, for the construction of fences and gates at the Burma
Road Trailhead;
(2) Authorize the City Manager or Director of Finance to execute change orders up
to an additional 10% of the value of Metrocell Construction, Inc. contract (not to
exceed $4,927) as contingency funds for potential unforeseen conditions;
(3) Authorize the Mayor and City Clerk to execute the contracts, in forms approved
by the City Attorney.
FISCAL IMPACT: The recommendations will result in a total authorized expenditure
for construction, plus provide for a project contingency not to
exceed $54,197.
Amount Budgeted: $100,000
Additional Appropriation: N/A
Account Number(s): 330-400-8422-880211/L
(CIP-Burma Road Trails/Other Improvements)
ORIGINATED BY:
REVIEWED BY:
Charles Eder, PE, Senior Engineer cY
Ron Dragoo, PE, Principal Engir.1€i~/.
APPROVED BY: Ara Mihranian, AICP, City Manager-4-A
ATTACHED SUPPORTING DOCUMENTS:
A. Construction Agreement with Metrocell Construction, Inc.
(page A-1)
BACKGROUND AND DISCUSSION:
On July 31, 2018, the City Council received and filed a presentation by Staff detailing
the parking and access conditions at the Palos Verdes Nature Preserve (Nature
Preserve). This included recommendations to install a gate at the Burma Road
Trailhead to address resident concerns pertaining to, among other things, the on-going
1
after-hour use of the Nature Preserve. On January 15, 2019, the City Council authorized
the installation of a gate, similar to the approved Burma Road Trailhead gate, at the
Rattlesnake Trailhead to minimize the unauthorized after-hour use and activities in the
general area.
The design concept of these trailhead gates were developed in collaboration with the
neighboring Homeowners Associations (HOA) to ensure their concerns were
addressed. In response, staff gathered the proper information and created a bid
package for the installation of fences and gates at these two trail heads.
The project was advertised on October 1, 2019, with bids due October 29. Several
interested contractors attended the pre-bid meeting, but ultimately no bids were
received. In accordance with the Public Contract Code 20166, the City was then free to
negotiate with a contractor. Staff worked with several contractors to obtain quotes. Staff
received responsive quotes from Metrocell Construction, Inc. for both trailhead gates as
one project or as separate projects.
During this time, the Island View HOA raised potential liability and indemnification
concerns with the public's use and location of the proposed Rattlesnake Trailhead fence
and gate. The City Attorney's Office is researching a resolution to the HOA's concerns
based on the application of "trail immunity" under Government Code§ 831.4. As
reported at the August 18 City Council meeting, this matter is still under discussion with
the Island View HOA, and because construction could be separated into two projects,
staff is proposing to proceed with the construction of the Burma Road Trailhead gate at
this time. Staff believes that the concerns regarding the Rattlesnake Trailhead gate can
be mutually resolved in the next few weeks and a construction contract presented for
City Council consideration in October.
Construction Services
Staff has verified Metrocell Construction, Inc.'s references and found its past
performance on jobs to be fully satisfactory. It has completed projects of similar size in
the City in a professional manner, with sufficient workers, and in a timely fashion. Its bid
and bid bond are in order and its contractor's license is current. Accordingly, staff
recommends awarding a construction contract to Metrocell Construction, Inc., in the
amount of $49,270. If awarded this evening, construction is anticipated to commence by
mid-September 2020.
Total Project Budget and Costs
Adopting staff's recommendations will award a construction contract to Metrocell
Construction, Inc. (not to exceed $49,270), with authorization of an additional 10% of
the project construction contract amount (not to exceed $4,927) as a contingency for
unforeseen circumstances.
2
A s umm ary of the project budget and cost is presented below:
8422 -Project Cost Summary
Description Budget Notes
Original B udg et 100,000.00 FY20-2 1 Budget
YTD
Proj ect Costs: Committed Expenses Balance
8802 Construction 47 ,29 0 -47 ,290 Pend ing appro va l
cc 9/1/2020
8802 Construct ion 4 ,72 9 4,729 Pending approva l
Cont ing enc y -cc 9/1/2020
Tota l Project Costs 54,197 -54,197
U ncom m itted/U nspent
Balance $ 54,197 $ 54,197
ALTERNATIVES:
In add ition to Staff recommendation , the following a lt ernat iv e actions are ava il ab le for
the C ity Counc il 's consideration :
1. Do not awa rd the contract and direct staff to re-issue construct ion bids .
2 . Take other action, as deemed appropr iate .
3
0 J 203 0006/300347 J
CONSTRUCTION CONTRACT
By and Between
CITY OF RANCHO PALOS VERDES
and
METROCELL CONSTRUCTION INC.
A-1
CONSTRUCTION CONTRACT FOR THE CONSTRUCTION OF
THE BURMA ROAD TRAILHEAD GATE
BETWEEN THE CITY OF RANCHO PALOS VERDES AND
METROCELL CONSTRUCTION INC.
THIS AGREEMENT FOR PUBLIC WORKS SERVICES (herein "Agreement") is made
and entered into on September 1, 2020 by and between the City of Rancho Palos Verdes, a
California municipal corporation ("City") and Metrocell Construction Inc., a California
corporation ('"Contractor''). City and Contractor may be referred to, individually or collectively,
as "Party" or "Parties."
RECITALS
A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the
performance ofthe services defined and described particularly in Article 1 ofthis Agreement.
B. Contractor, following submission of a proposal or bid for the performance of the
services defined and described particularly in Article 1 of this Agreement, was selected by the City
to perform those services.
C. Pursuant to the City of Rancho Palos Verdes Municipal Code, City has authority to
enter into and execute this Agreement.
D. The Parties desire to formalize the selection of Contractor for performance of those
services defined and described particularly in Article 1 of this Agreement and desire that the terms
ofthat performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration ofthe mutual promises and covenants made
by the Parties and contained herein and other consideration, the value and adequacy of which are
hereby acknowledged, the parties agree as follows:
ARTICLE 1. WORK OF CONTRACTOR
1.1 Scope of Work.
In compliance with all terms and conditions of this Agreement, the Contractor shall
provide those services specified in the "Scope of Work" attached hereto as Exhibit "A" and
incorporated herein by this reference, which may be referred to herein as the ''services" or "work"
hereunder. As a material inducement to the City entering into this Agreement, Contractor
represents and warrants that it has the qualifications, experience, and facilities necessary to
properly perform the work required under this Agreement in a thorough, competent, and
professional manner, and is experienced in performing the work and services contemplated herein.
Contractor shall at all times faithfully, competently and to the best of its ability, experience and
talent, perform all services described herein. Contractor covenants that it shall follow the highest
-1-A-2 01203 0006/3003471
professional standards in performing the work and services required hereunder and that all
materials will be both of good quality as well as fit for the purpose intended. For purposes of this
Agreement, the phrase "highest professional standards" shall mean those standards of practice
recognized by one or more first-class firms performing similar work under similar circumstances.
1.2 Bid Documents.
The Scope ofWork shall include the "General Provisions" and ''Special Provisions''
in the bid documents for the project entitled Burma Road Trailhead Gate, including any
documents or exhibits referenced therein (collectively, ''bid documents''), all of which are
incorporated herein by this reference. In the event of any inconsistency between the terms of the
bid documents and this Agreement, the terms ofthis Agreement shall govern.
1.3 Compliance with Law.
Contractor shall keep itself informed concerning, and shall render all services
hereunder in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the
City and any Federal, State or local governmental entity having jurisdiction in effect at the time
service is rendered.
1.4 Compliance with California Labor Law.
(a) Public Work. The Parties acknowledge that the work to be
performed under this Agreement is a ''public work" as defined in Labor Code Section 1720 and
that this Agreement is therefore subject to the requirements of Division 2, Part 7, Chapter 1
(commencing with Section 1720) ofthe California Labor Code relating to public works contracts
and the rules and regulations established by the Department of Industrial Relations ("DIR")
implementing such statutes. The work performed under this Agreement is subject to compliance
monitoring and enforcement by the DIR. Contractor shall post job site notices, as prescribed by
regulation.
(b) Prevailing Wages. Contractor shall pay prevailing wages to the
extent required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of
the prevailing rate of per diem wages are on file at City Hall and will be made available to any
interested party on request. By initiating any work under this Agreement, Contractor acknowledges
receipt of a copy of the Department of Industrial Relations (OIR) determination of the prevailing
rate of per diem wages, and Contractor shall post a copy of the same at each job site where work
is performed under this Agreement.
(c) Penalty for Failure to Pay Prevailing Wages. Contractor shall
comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning
the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing
wages. The Contractor shall, as a penalty to the City, forfeit two hundred dollars ($200) for each
calendar day, or portion thereof, for each worker paid Jess than the prevailing rates as determined
by the DIR for the work or craft in which the worker is employed for any public work done
pursuant to this Agreement by Contractor or by any subcontractor.
-2-A-3 0 I 203.0006/300347. I
(d) Payroll Records. Contractor shall comply with and be bound by the
provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to: keep
accurate payroll records and verify such records in writing under penalty of pe1:jury, as specified
in Section 1776; certify and make such payroll records available for inspection as provided by
Section 1776; and inform the City ofthe location of the records.
(e) Apprentices. Contractor shall comply with and be bound by the
provisions of Labor Code Sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations
Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects.
Contractor shall be responsible for compliance with these aforementioned Sections for all
apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall
provide City with a copy ofthe information submitted to any applicable apprenticeship program.
Within sixty (60) days after concluding work pursuant to this Agreement, Contractor and each of
its subcontractors shall submit to the City a verified statement of the journeyman and apprentice
hours performed under this Agreement.
(f) Eight-Hour Work Day. Contractor acknowledges that eight (8)
hours labor constitutes a legal day's work. Contractor shall comply with and be bound by Labor
Code Section 1810.
(g) Penalties for Excess Hours. Contractor shall comply with and be
bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work
excess hours. The Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for
each worker employed in the performance of this Agreement by the Contractor or by any
subcontractor for each calendar day during which such worker is required or permitted to work
more than eight (8) hours in any one calendar day and forty ( 40) hours in any one calendar week
in violation of the provisions of Division 2, Part 7, Chapter I, Article 3 of the Labor Code. Pursuant
to Labor Code section 1815, work performed by employees of Contractor in excess of eight (8)
hours per day, and forty ( 40) hours during any one week shall be permitted upon public work upon
compensation for all hours worked in excess of 8 hours per day at not Jess than one and one-half
(1 Yz) times the basic rate of pay.
(h) Workers' Compensation. California Labor Code Sections 1860 and
3700 provide that every employer will be required to secure the payment of compensation to its
employees if it has employees. In accordance with the provisions ofCalifomia Labor Code Section
1861, Contractor certifies as follows:
''I am mvare of the provisions of Section 3700 of the Labor Code which require
every employer to be insured against liability for workers' compensation or to
undertake self-insurance in accordance with the provisions of that code, and I will
comply with such provisions before commencing the performance of the work of
this contract.''
Contractor's Authorized Initials ----
(i) Contractor's Responsibility for Subcontractors. For every
subcontractor who will perform work under this Agreement, Contractor shall be responsible for
-3-A-4 012030006/3003471
such subcontractor's compliance with Division 2, Part 7, Chapter I (commencing with Section
1720) of the California Labor Code, and shall make such compliance a requirement in any contract
with any subcontractor for work under this Agreement. Contractor shall be required to take all
actions necessary to enforce such contractual provisions and ensure subcontractor's compliance,
including without limitation, conducting a review of the certified payroll records of the
subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to
pay his or her workers the specified prevailing rate of wages. Contractor shall diligently take
corrective action to halt or rectify any such failure by any subcontractor.
1.5 Licenses, Permits, Fees and Assessments.
Contractor shall obtain at its sole cost and expense such licenses, permits,
registrations, and approvals as may be required by law for the performance of the services required
by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and
taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are
necessary for the Contractor's performance of the services required by this Agreement, and shall
indemnify, defend and hold harmless City, its officers, employees or agents of City, against any
such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City
hereunder.
1.6 Familiarity with Work.
(a) By executing this Agreement, Contractor warrants that Contractor
(i) has thoroughly investigated and considered the scope of work to be performed, (ii) has carefully
considered how the services should be performed, and (iii) fully understands the facilities,
difficulties and restrictions attending performance of the services under this Agreement. If the
services involve work upon any site, Contractor warrants that Contractor has or will investigate
the site and is or will be fully acquainted with the conditions there existing, prior to commencement
of services hereunder.
(b) Contractor shall promptly, and before the following conditions are
disturbed, notif)1 the City, in writing, of any: (i) material Contractor believes may be hazardous
waste as defined in Section 251 I 7 of the Health & Safety Code required to be removed to a Class
I, II, or III disposal site in accordance with existing law; (ii) subsurface, unknown or latent
conditions, materially different fi·om those indicated; or (iii) unknown physical conditions at the
site of any unusual nature, different from those ordinarily encountered and generally recognized
as inherent in work of the character provided for in this Agreement, and will materially affect the
performance ofthe services hereunder.
(c) City shall promptly investigate the conditions, and if it finds that
the conditions do materially differ, or do involve hazardous waste, and cause a decrease or increase
in Contractor's cost of, or the time required for, performance of any part of the work, shall issue a
change order per Section I .1 0 ofthis Agreement.
(d) In the event that a dispute arises between City and Contractor
whether the conditions materially differ, or involve hazardous waste, or cause a decrease or
increase in Contractor's cost of, or time required for, performance of any part of the work,
-4-A-5 0 12ll3 0006/30034 7. I
Contractor shall not be excused from any scheduled completion date set, but shall proceed with all
work to be performed under the Agreement. Contractor shall retain any and all rights provided
either by contract or by law, which pertain to the resolution of disputes and protests between the
contracting parties.
(e) City will compensate Contractor to the extent required by
Government Code Section 4215 by issuing a change order per Section 1.10 of this Agreement.
1.7 Protection and Care of Work and Materials.
The Contractor shall adopt reasonable methods, including providing and
maintaining storage facilities, during the life of the Agreement to furnish continuous protection to
the work, and the equipment, materials, papers, documents, plans, studies and/or other components
thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or
property, until acceptance of the work by City, except such losses or damages as caused by City's
own negligence. Stored materials shall be reasonably accessible for inspection. Contractor shall
not. without City's consent, assign, sell, mortgage, hypothecate, or remove equipment or materials
which have been installed or delivered and which may be necessary for the completion of the work.
1.8 Warranty.
Contractor warrants all work under the Agreement (which for purposes of this
Section shall be deemed to include unauthorized work which has not been removed and any
non-conforming materials incorporated into the work) to be of good quality and free from any
defective or faulty material and workmanship. Contractor agrees that for a period of one year (or
the period of time specified elsewhere in the Agreement or in any guarantee or warranty provided
by any manufacturer or supplier of equipment or materials incorporated into the work, whichever
is later) after the date of final acceptance, Contractor shall within ten (1 0) days after being notified
in writing by the City of any defect in the work or non-conformance of the work to the Agreement,
commence and prosecute with due diligence all work necessary to fulfill the terms of the warranty
at its sole cost and expense. Contractor shall act as soon as requested by the City in response to an
emergency. In addition, Contractor shall, at its sole cost and expense, repair, remove and replace
any portions of the work (or work of other contractors) damaged by its defective work or which
becomes damaged in the course of repairing or replacing defective work. For any work so
corrected, Contractor's obligation hereunder to correct defective work shall be reinstated for an
additional one year period, commencing with the date of acceptance of such corrected work.
Contractor shall perform such tests as the City may require to verify that any corrective actions,
including, without limitation, redesign, repairs, and replacements comply with the requirements of
the Agreement. All costs associated with such corrective actions and testing, including the
removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall
be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors,
suppliers and manufacturers with respect to any portion of the work, whether express or implied,
are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not
such warranties and guarantees have been transferred or assigned to the City by separate agreement
and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the
City. In the event that Contractor fails to perform its obligations under this Section, or under any
other warranty or guaranty under this Agreement, to the reasonable satisfaction of the City, the
-5-A-6 012030006/300347.1
City shall have the right to correct and replace any defective or non-conforming work and any
work damaged by such work or the replacement or correction thereof at Contractor's sole expense.
Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon
demand.
1.9 Further Responsibilities of Parties.
Both parties agree to use reasonable care and diligence to perform their respective
obligations under this Agreement. Both parties agree to act in good faith to execute all instruments,
prepare all documents and take all actions as may be reasonably necessary to carry out the purposes
of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of
the other.
1.10 Additional Work and Change Orders.
(a) City shall have the right at any time during the performance of the
services, without invalidating this Agreement, to order extra work beyond that specified in the
Scope of Work or make changes by altering, adding to or deducting from said work. No such extra
work may be undertaken unless a written change order is first given by the Contract Officer to the
Contractor, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to
perform this Agreement, which said adjustments are subject to the written approval of the
Contractor ("Change Order"). All Change Orders must be signed by the Contractor and Contract
Officer prior to commencing the extra work thereunder.
(b) Any increase in compensation of up to ten percent ( 1 0%) of the
Contract Sum or $25,000, whichever is Jess; or any increase in the time to perform of up to one
hundred eighty ( 180) days; and does not materially affect the Work and which are not detrimental
to the Work or to the interest of the City, may be approved by the Contract Officer. Any greater
increases, taken either separately or cumulatively, must be approved by the City Council.
(c) Any adjustment in the Contract Sum for a Change Order must be in
accordance with the rates set forth in the Schedule of Compensation in Exhibit "C". If the rates in
the Schedule of Compensation do not cover the type of work in the Change Order, the cost of such
work shall not exceed an amount agreed upon in writing and signed by Contractor and Contract
Officer. If the cost of the Change Order cannot be agreed upon, the City will pay for actual work
of the Change Order completed, to the satisfaction of the City, as follows:
(i) Labor: the cost of labor shall be the actual cost for wages of
workers and subcontractors performing the work for the Change Order at the time such work is
done. The use of labor classifications that would increase the cost of such work shall not be
permitted.
(ii) Materials and Equipment: the cost of materials and
equipment shall be at cost to Contractor or lowest current price which such materials and
equipment are reasonably available at the time the work is done, whichever is lower.
(iii) If the cost of the extra work cannot be agreed upon, the
Contractor must provide a daily rep011 that includes invoices for labor, materials and equipment
-6-A-7 01203 0006/3003471
costs for the work under the Change Order. The daily report must include: list of names of workers,
classifications, and hours worked; description and Jist of quantities of materials used; type of
equipment, size, identification number, and hours of operation, including loading and
transportation, if applicable; description of other City authorized services and expenditures in such
detail as the City may require. Failure to submit a daily report by the close of the next working day
may. at the City's sole and absolute discretion, waive the Contractor's rights for that day.
(d) It is expressly understood by Contractor that the provisions of this
Section 1.10 shall not apply to services specifically set forth in the Scope of \Vork. Contractor
hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope
of Work may be more costly or time consuming than Contractor anticipates and that Contractor
shall not be entitled to additional compensation therefor. City may in its sole and absolute
discretion have similar work done by other contractors.
(e) No claim for an increase in the Contract Sum or time for
performance shall be valid unless the procedures established in this Section are followed.
1.11 Special Requirements.
Additional terms and conditions of this Agreement, if any, \Vhich are made a part
hereof are set forth in the ''Special Requirements" attached hereto as Exhibit "B'' and incorporated
herein by this reference. In the event of a conflict between the provisions of Exhibit "B'' and any
other provisions of this Agreement, the provisions of Exhibit "B" shall govern.
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, City agrees to pay Contractor
the amounts specified in the "Schedule of Compensation" attached hereto as ,Exhibit "C" and
incorporated herein by this reference. The total compensation, including reimbursement for actual
expenses, shall not exceed $49,270 (Forty-Nine Thousand Two Hundred Seventy Dollars) (the
"Contract Sum"), unless additional compensation is approved pursuant to Section 1.1 0.
2.2 Method of Compensation.
The method of compensation may include: (i) a lump sum payment upon
completion; (ii) payment in accordance with specified tasks or the percentage of completion of the
services less the contract retention; (iii) payment for time and materials based upon the
Contractor's rates as specified in the Schedule of Compensation, provided that (a) time estimates
are provided for the performance of sub tasks, (b) contract retention is maintained and (c) the
Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of
Compensation.
-7-A-8 012030006/3003471
2.3 Reimbursable Expenses.
Compensation may include reimbursement for actual and necessary expenditures
for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer
in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5,
and only if specified in the Schedule of Compensation. The Contract Sum shall include the
attendance of Contractor at all project meetings reasonably deemed necessary by the City.
Coordination of the performance ofthe work with City is a critical component ofthe services. If
Contractor is required to attend additional meetings to facilitate such coordination, Contractor shall
not be entitled to any additional compensation for attending said meetings.
2.4 Invoices.
Each month Contractor shall furnish to City an original invoice for all work
performed and expenses incurred during the preceding month in a form approved by City's
Director of Finance. By submitting an invoice for payment under this Agreement, Contractor is
certifying compliance with all provisions of the Agreement. The invoice shall contain all
information specified in Exhibit "C", and shall detail charges for all necessary and actual expenses
by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and
sub-contractor contracts. Sub-contractor charges shall also be detailed by such categories.
Contractor shall not invoice City for any duplicate services performed by more than one person.
City shall, as soon as practicable, independently review each invoice submitted by
the Contractor to determine whether the work performed and expenses incurred are in compliance
with the provisions of this Agreement. Except as to any charges for work performed or expenses
incurred by Contractor which are disputed by City, or as provided in Section 7.3, City will cause
Contractor to be paid within thirty (30) days of receipt of Contractor's correct and undisputed
invoice; however, Contractor acknowledges and agrees that due to City warrant run procedures,
the City cannot guarantee that payment will occur within this time period. In the event that City
does not cause Contractor to be paid within thirty (30) days of receipt of an undisputed and
properly submitted invoice, Contractor shall be entitled to the payment of interest to the extent
allowed under Public Contract Code Section 20104.50. In the event any charges or expenses are
disputed by City, the original invoice shall be returned by City to Contractor, not later than seven
(7) days after receipt by the City, for correction and resubmission. Returned invoices shall be
accompanied by a document setting forth in writing the reasons why the payment request was
rejected. Review and payment by the City of any invoice provided by the Contractor shall not
constitute a waiver of any rights or remedies provided herein or any applicable law.
2.5 Waiver.
Payment to Contractor for work performed pursuant to this Agreement shall not be deemed
to waive any defects in work performed by Contractor.
ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance ofthis Agreement.
-8-A-9 012030006/300347.1
3.2 Schedule of Performance.
Contractor shall commence the services pursuant to this Agreement upon receipt of
a written notice to proceed and shall perform all services \Vithin the time period(s) established in
the "Schedule of Performance" attached hereto as Exhibit "0" and incorporated herein by this
reference. When requested by the Contractor, extensions to the time period(s) specified in the
Schedule of Performance may be approved in writing by the Contract Officer but not exceeding
one hundred eighty (180) days cumulatively.
3.3 Force Majeure.
The time period(s) specified in the Schedule of Performance for performance of the
services rendered pursuant to this Agreement shall be extended because of any delays due to
unforeseeable causes beyond the control and without the fault or negligence of the Contractor,
including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires,
earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars,
litigation, and/or acts of any governmental agency, including the City, ifthe Contractor shall within
ten (1 0) days of the commencement of such delay notify the Contract Officer in writing of the
causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and
extend the time for performing the services for the period of the enforced delay when and if in the
judgment ofthe Contract Officer such delay is justified. The Contract Officer's determination shall
be final and conclusive upon the parties to this Agreement. In no event shall Contractor be entitled
to recover damages against the City for any delay in the performance of this Agreement, however
caused, Contractor's sole remedy being extension ofthe Agreement pursuant to this Section.
3.4 Inspection and Final Acceptance.
City may inspect and accept or reject any of Contractor's work under this
Agreement, either during performance or when completed. City shall reject or finally accept
Contractor's work within forty-five (45) days after submitted to City. City shall accept work by a
timely written acceptance, otherwise work shall be deemed to have been rejected. City's
acceptance shall be conclusive as to such work except with respect to latent defects, fi·aud and such
gross mistakes as to amount to fraud. Acceptance of any work by City shall not constitute a waiver
of any ofthe provisions ofthis Agreement including, but not limited to, Articles I and 5, pertaining
to warranty and indemnification and insurance, respectively.
3.5 Term.
Unless earlier terminated in accordance with Article 7 of this Agreement, this
Agreement shall continue in full force and effect until completion of the services but not exceeding
one ( 1) years from the date hereof, except as otherwise provided in the Schedule of Performance
(Exhibit "0").
-9-A-10 0 I 203 0006/3003471
ARTICLE 4. COORDINATION OF WORK
4.1 Representatives and Personnel of Contractor.
The following principals of Contractor ("Principals") are hereby designated as
being the principals and representatives of Contractor authorized to act in its behalf with respect
to the work specified herein and make all decisions in connection therewith:
James Culwell President
(Name) (Title)
Christine Culwell ----Secretary
(Name) (Title)
It is expressly understood that the experience, knowledge, capability and reputation
of the foregoing Principals were a substantial inducement for City to enter into this Agreement.
Therefore, the Principals shall be responsible during the term of this Agreement for directing all
activities of Contractor and devoting sufficient time to personally supervise the services hereunder.
All personnel of Contractor, and any authorized agents, shall at all times be under the exclusive
direction and control of the Principals. For purposes of this Agreement, the Principals may not be
replaced nor may their responsibilities be substantially reduced by Contractor without the express
written approval of City. Additionally, Contractor shall make every reasonable effort to maintain
the stability and continuity of Contractor's staff and subcontractors, if any, assigned to perform
the services required under this Agreement. Contractor shall notify City of any changes in
Contractor's staff and subcontractors, if any, assigned to perform the services required under this
Agreement, prior to and during any such performance.
4.2 Status of Contractor.
Contractor shall have no authority to bind City in any manner, or to incur any
obligation, debt or liability of any kind on behalf of or against City, whether by contract or
otherwise, unless such authority is expressly conferred under this Agreement or is otherwise
expressly conferred in writing by City. Contractor shall not at any time or in any manner represent
that Contractor or any of Contractor's officers, employees, or agents are in any manner officials,
officers, employees or agents of City. Neither Contractor, nor any of Contractor's officers,
employees or agents, shall obtain any rights to retirement, health care or any other benefits \vhich
may otherwise accrue to City's employees. Contractor expressly waives any claim Contractor may
have to any such rights.
4.3 Contract Officer.
The Contract Officer shall be Ron Dragoo, City Engineer or such person as may be
designated by the City Manager. It shall be the Contractor's responsibility to assure that the
Contract Officer is kept informed of the progress of the performance of the services and the
Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless
otherwise specified herein, any approval of City required hereunder shall mean the approval ofthe
Contract Officer. The Contract Officer shall have authority, if specified in writing by the City
-10-A-11 01203.0006/30034 7 .I
Manager, to sign all documents on behalf ofthe City required hereunder to carry out the terms of
this Agreement.
4.4 Independent Contractor.
Neither the City nor any of its employees shall have any control over the manner,
mode or means by which Contractor, its agents or employees, perform the services required herein,
except as otherwise set forth herein. City shall have no voice in the selection, discharge,
supervision or control of Contractor's employees, servants, representatives or agents, or in fixing
their number, compensation or hours of service. Contractor shall perform all services required
herein as an independent contractor of City and shall remain at all times as to City a wholly
independent contractor with only such obligations as are consistent with that role. Contractor shall
not at any time or in any manner represent that it or any of its agents or employees are agents or
employees of City. City shall not in any way or for any purpose become or be deemed to be a
pmtner of Contractor in its business or otherwise or a joint venturer or a member of any joint
enterprise with Contractor.
4.5 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Contractor, its principals
and employees were a substantial inducement for the City to enter into this Agreement. Therefore,
Contractor shall not contract with any other entity to perform in whole or in part the services
required hereunder without the express written approval of the City. All subcontractors shall
obtain, at its or Contractor's expense, such licenses. permits, registrations and approvals (including
from the City) as may be required by law for the performance of any services or work under this
Agreement. In addition, neither this Agreement nor any interest herein may be transferred,
assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for
the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted
hereunder shall include the transfer to any person or group of persons acting in concert of more
than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all
transfers into account on a cumulative basis. In the event of any such unapproved transfer,
including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall
release the Contractor or any surety of Contractor of any liability hereunder without the express
consent of City.
ARTICLE 5. INSURANCE, INDEMNIFICATION AND BONDS
5.1 Insurance Coverages.
Without limiting Contractor's indemnification of City, and prior to commencement
of any services under this Agreement, Contractor shall obtain, provide and maintain at its own
expense during the term of this Agreement, policies of insurance of the type and amounts described
below and in a form satisfactory to City.
(a) General liability insurance. Contractor shall maintain commercial general
liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in
an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate, for bodily
injury, personal injury, and property damage. The policy must include contractual liability that has
-11-A-12 01203 0006/3003471
not been amended. Any endorsement restricting standard ISO "insured contract" language will not
be accepted.
(b) Automobile liability insurance. Contractor shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 0 I covering bodily injury and
property damage for all activities of the Contractor arising out of or in connection with Services
to be performed under this Agreement, including coverage for any owned, hired, non-owned or
rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
(c) Professional liability (errors & omissions) insurance. Contractor shall
maintain professional liability insurance that covers the Services to be performed in connection
with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any
policy inception date, continuity date, or retroactive date must be before the effective date of this
Agreement and Contractor agrees to maintain continuous coverage through a period no less than
three (3) years after completion of the services required by this Agreement.
(d) Workers' compensation insurance. Contractor shall maintain Workers'
Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at
least $1 ,000,000).
(e) Subcontractors. Contractor shall include all subcontractors as insureds
under its policies or shall furnish separate certificates and certified endorsements for each
subcontractor. All coverages for subcontractors shall include all of the requirements stated herein.
(f) Additional Insurance. Policies of such other insurance, as may be required
in the Special Requirements in Exhibit "B".
5.2 General Insurance Requirements.
(a) Proof of insurance. Contractor shall provide certificates of insurance to City
as evidence of the insurance coverage required herein, along with a waiver of subrogation
endorsement for workers' compensation. Insurance certificates and endorsements must be
approved by City's Risk Manager prior to commencement of performance. Current certification
of insurance shall be kept on file with City at all times during the term of this Agreement. City
reserves the right to require complete, ce11ified copies of all required insurance policies, at any
time.
(b) Duration of coverage. Contractor shall procure and maintain for the
duration of this Agreement insurance against claims for injuries to persons or damages to property,
which may arise from or in connection with the performance of the Services hereunder by
Contractor, its agents, representatives, employees or subcontractors.
(c) Primary/noncontributing. Coverage provided by Contractor shall be
primary and any insurance or self-insurance procured or maintained by City shall not be required
to contribute with it. The limits of insurance required herein may be satisfied by a combination of
primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be
endorsed to contain a provision that such coverage shall also apply on a primary and non-
-12-A-13 01203.0006/300347.1
contributory basis for the benefit of City before the City's own insurance or self-insurance shall
be called upon to protect it as a named insured.
(d) City's rights of enforcement. In the event any policy of insurance required
under this Agreement does not comply with these specifications or is canceled and not replaced,
City has the right but not the duty to obtain the insurance it deems necessary and any premium
paid by City will be promptly reimbursed by Contractor or City will withhold amounts sufficient
to pay premium from Contractor payments. In the alternative, City may cancel this Agreement.
(e) Acceptable insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact business of insurance or
that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned
policyholders' Rating of A-(or higher) and Financial Size Category Class VI (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the
City's Risk Manager.
(f) Waiver of subrogation. All insurance coverage maintained or procured
pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or
appointed officers, agents, officials, employees and volunteers or shall specifically allow
Contractor or others providing insurance evidence in compliance with these specifications to waive
their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against
City, and shall require similar written express waivers and insurance clauses from each of its
subcontractors.
(g) Enforcement of contract provisions (non-estoppel). Contractor
acknowledges and agrees that any actual or alleged failure on the part of the City to inform
Contractor of non-compliance with any requirement imposes no additional obligations on the City
nor does it waive any rights hereunder.
(h) Requirements not limiting. Requirements of specific coverage features or
limits contained in this section are not intended as a limitation on coverage, limits or other
requirements, or a waiver of any coverage normally provided by any insurance. Specific reference
to a given coverage feature is for purposes of clarification only as it pertains to a given issue and
is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or
a waiver of any type. If the Contractor maintains higher limits than the minimums shown above,
the City requires and shall be entitled to coverage for the higher limits maintained by the
Contractor. Any available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
(i) Notice of cancellation. Contractor agrees to oblige its insurance agent or
broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for
nonpayment for which a ten (1 0) day notice is required) or nonrenewal of coverage for each
required coverage.
U) Additional insured status. General liability policies shall provide or be
endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall
-13-A-14 01203 0006/3003471
be additional insureds under such policies. This provision shall also apply to any excess/umbrella
liability policies.
(k) Prohibition of undisclosed coverage limitations. None of the coverages
required herein will be in compliance with these requirements if they include any limiting
endorsement of any kind that has not been first submitted to City and approved of in writing.
(I) Separation of insureds. A severability of interests provision must apply for
all additional insureds ensuring that Contractor's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except \Vith respect to the insurer's limits of
liability. The policy(ies) shall not contain any cross-liability exclusions.
(m) Pass through clause. Contractor agrees to ensure that its subconsultants,
subcontractors, and any other pmiy involved with the project who is brought onto or involved in
the project by Contractor, provide the same minimum insurance coverage and endorsements
required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all
responsibility for ensuring that such coverage is provided in conformity with the requirements of
this section. Contractor agrees that upon request, all agreements with consultants, subcontractors,
and others engaged in the project will be submitted to City for review.
(n) Agency's right to revise specifications. The City reserves the right at any
time during the term of the contract to change the amounts and types of insurance required by
giving the Contractor ninety (90) days advance written notice of such change. If such change
results in substantial additional cost to the Contractor, the City and Contractor may renegotiate
Contractor's compensation.
( o) Self-insured retentions. Any self-insured retentions must be declared to and
approved by City. City reserves the right to require that self-insured retentions be eliminated,
lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these
specifications unless approved by City.
(p) Timely notice of claims. Contractor shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from Contractor's performance
under this Agreement, and that involve or may involve coverage under any of the required liability
policies.
(q) Additional insurance. Contractor shall also procure and maintain, at its own
cost and expense, any additional kinds of insurance, which in its own judgment may be necessary
for its proper protection and prosecution of the work.
5.3 Indemnification.
To the full extent permitted by law, Contractor agrees to indemnify, defend and
hold harmless the City, its officers, employees and agents ("Indemnified Parties") against, and will
hold and save them and each of them harmless from, any and all actions, either judicial,
administrative, arbitration or regulatory claims, damages to persons or property, losses, costs,
penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein "claims
or liabilities") that may be asse1ied or claimed by any person, firm or entity arising out of or in
-14-A-15 01203 0006/30034 71
connection with the negligent performance ofthe work, operations or activities provided herein of
Contractor, its officers, employees, agents, subcontractors, or invitees, or any individual or entity
for which Contractor is legally liable ("indemnitors"), or arising from Contractor's or indemnitors'
reckless or willful misconduct, or arising from Contractor's or indemnitors' negligent performance
of or failure to perform any term, provision, covenant or condition of this Agreement, and in
connection therewith:
(a) Contractor will defend any action or actions filed in connection vvith
any of said claims or liabilities and will pay all costs and expenses, including legal costs and
attorneys' fees incurred in connection therewith;
(b) Contractor will promptly pay any judgment rendered against the
City, its officers, agents or employees for any such claims or liabilities arising out of or in
connection with the negligent performance of or failure to perform such work, operations or
activities of Contractor hereunder; and Contractor agrees to save and hold the City, its officers,
agents, and employees harmless therefrom;
(c) In the event the City, its officers, agents or employees is made a
party to any action or proceeding filed or prosecuted against Contractor for such damages or other
claims arising out of or in connection with the negligent performance of or failure to perform the
work, operation or activities of Contractor hereunder, Contractor agrees to pay to the City, its
officers, agents or employees, any and all costs and expenses incurred by the City, its officers,
agents or employees in such action or proceeding, including but not limited to, legal costs and
attorneys' fees.
In addition, Contractor agrees to indemnify, defend and hold harmless the
Indemnified Parties from, any and all claims and liabilities for any infringement of patent rights,
copyrights or trademark on any person or persons in consequence of the use by the Indemnified
Parties of articles to be supplied by Contractor under this Agreement, and ofwhich the Contractor
is not the patentee or assignee or has not the lawful right to sell the same.
Contractor shall incorporate similar indemnity agreements with its subcontractors
and if it fails to do so Contractor shall be fully responsible to indemnify City hereunder therefore,
and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This
indemnification includes claims or liabilities arising from any negligent or wrongful act, error or
omission, or reckless or willful misconduct of Contractor in the performance of professional
services and work hereunder. The provisions of this Section do not apply to claims or liabilities
occurring as a result of City's sole negligence or willful acts or omissions, but, to the fullest extent
permitted by law, shall apply to claims and liabilities resulting in part from City's negligence,
except that design professionals' indemnity hereunder shall be limited to claims and liabilities
arising out of the negligence, recklessness or willful misconduct of the design professional. The
indemnity obligation shall be binding on successors and assigns of Contractor and shall survive
termination ofthis Agreement.
-15-A-16 01203.0006/300347.1
5.4 Notification of Third-Party Claims.
City shall timely notify Contractor of the receipt of any third-party claim relating
to the work under this Agreement. City shall be entitled to recover from Contractor its reasonable
costs incurred in providing such notification.
5.5 Performance and Labor Bonds.
Concurrently with execution of this Agreement Contractor shall deliver to the City,
the following:
(a) A performance bond in the amount of the Contract Sum of this
Agreement, in the form provided by the City Clerk, which secures the faithful performance of this
Agreement.
(b) A labor and materials bond in the amount of the Contract Sum of
this Agreement, in the form provided by the City Clerk, which secures the payment of all persons
furnishing labor and/or materials in connection with the work under this Agreement.
Both the performance and labors bonds required under this Section 5.5 shall contain
the original notarized signature of an authorized officer of the surety and affixed thereto shall be a
certified and current copy of his power of attorney. The bond shall be unconditional and remain in
force during the entire term of the Agreement and shall be null and void only if the Contractor
promptly and faithfully performs all terms and conditions of this Agreement and pays all labor and
materials for work and services under this Agreement.
5.6 Sufficiency of Insurer or Surety.
Insurance and bonds required by this Agreement shall be satisfactory only if issued
by companies qualified to do business in California, rated "A" or better in the most recent edition
of Best's Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a
financial category Class VII or better, unless such requirements are waived by the Risk Manager
ofthe City ("Risk Manager") due to unique circumstances. If this Agreement continues for more
than 3 years duration, or in the event the Risk Manager determines that the work or services to be
performed under this Agreement creates an increased or decreased risk of Joss to the City, the
Contractor agrees that the minimum limits of the insurance policies and the performance bond
required by Section 5.5 may be changed accordingly upon receipt of written notice from the Risk
Manager.
5. 7 Substitution of Securities.
Pursuant to Public Contract Code Section 22300, substitution of eligible equivalent
securities for any funds withheld to ensure performance under this Agreement may be permitted
at the request and sole expense of the Contractor. Alternatively, the Contractor may, pursuant to
an escrow agreement in a form prescribed by Public Contract Code Section 22300, request
payment of retentions funds earned directly to the escrow agent at the sole expense of the
Contractor.
-I 6-A-17 012030006/300347.1
5.8 Release of Securities.
City shall release the Performance and Labor Bonds when the following have occurred:
(a) Contractor has made a written request for release and provided
evidence of satisfaction of all other requirements under Article 5 of this Agreement;
(b) the Work has been accepted; and
(c) after passage ofthe time within which lien claims are required to be
made pursuant to applicable laws; if lien claims have been timely filed, City shall hold the Labor
Bond until such claims have been resolved, Contractor has provided statutory bond, or otherwise
as required by applicable law.
ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records.
Contractor shall keep, and require subcontractors to keep, such ledgers, books of
accounts, invoices, vouchers, canceled checks, reports, studies, certified and accurate copies of
payroll records in compliance with all applicable laws, or other documents relating to the
disbursements charged to City and services performed hereunder (the "books and records'"), as
shall be necessary to perform the services required by this Agreement and enable the Contract
Officer to evaluate the performance of such services. Any and all such documents shall be
maintained in accordance with generally accepted accounting principles and shall be complete and
detailed. The Contract Officer shall have full and free access to such books and records at all times
during normal business hours of City, including the right to inspect, copy, audit and make records
and transcripts from such records. Such records shall be maintained for a period of 3 years
following completion of the services hereunder, and the City shall have access to such records in
the event any audit is required. In the event of dissolution of Contractor's business, custody ofthe
books and records may be given to City, and access shall be provided by Contractor's successor
in interest. Notwithstanding the above, the Contractor shall fully cooperate with the City in
providing access to the books and records if a public records request is made and disclosure is
required by law including but not limited to the California Public Records Act.
6.2 Reports.
Contractor shall periodically prepare and submit to the Contract Officer such
rep01is concerning the performance of the services required by this Agreement as the Contract
Officer shall require. Contractor hereby acknowledges that the City is greatly concerned about the
cost of work and services to be performed pursuant to this Agreement. For this reason, Contractor
agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that
may or will materially increase or decrease the cost of the work or services contemplated herein
or, if Contractor is providing design services, the cost of the project being designed, Contractor
shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the
estimated increased or decreased cost related thereto and, if Contractor is providing design
services, the estimated increased or decreased cost estimate for the project being designed.
-17-A-18 01203.0006/300347.1
6.3 Ownership of Documents.
All drawings, specifications, maps, designs, photographs, studies, surveys, data,
notes. computer files, reports, records, documents and other materials (the "documents and
materials") prepared by Contractor, its employees, subcontractors and agents in the performance
ofthis Agreement shall be the property of City and shall be delivered to City upon request ofthe
Contract Officer or upon the termination of this Agreement, and Contractor shall have no claim
for further employment or additional compensation as a result of the exercise by City of its full
rights of ownership use, reuse, or assignment ofthe documents and materials hereunder. Any use,
reuse or assignment of such completed documents for other projects and/or use of uncompleted
documents without specific written authorization by the Contractor will be at the City's sole risk
and without liability to Contractor, and Contractor's guarantee and warranties shall not extend to
such use, reuse or assignment. Contractor may retain copies of such documents for its own use.
Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors
shall provide for assignment to City of any documents or materials prepared by them, and in the
event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages
resulting therefrom. Moreover, Contractor with respect to any documents and materials that may
qualify as "works made for hire" as defined in 17 U.S.C. § I 0 I, such documents and materials are
hereby deemed "works made for hire" for the City.
6.4 Confidentiality and Release of Information.
(a) information gained or work product produced by Contractor in
performance ofthis Agreement shall be considered confidential, unless such information is in the
public domain or already known to Contractor. Contractor shall not release or disclose any such
information or work product to persons or entities other than City without prior written
authorization fi·om the Contract Officer.
(b) Contractor, its officers, employees, agents or subcontractors, shall
not, without prior written authorization from the Contract Officer or unless requested by the City
Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions,
response to interrogatories or other information concerning the work performed under this
Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided
Contractor gives City notice of such court order or subpoena.
(c) If Contractor, or any officer, employee, agent or subcontractor of
Contractor, provides any information or work product in violation of this Agreement, then City
shall have the right to reimbursement and indemnity from Contractor for any damages, costs and
fees, including attorneys' fees, caused by or incurred as a result of Contractor's conduct.
(d) Contractor shall promptly notify City should Contractor, its officers,
employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of
deposition, request for documents, interrogatories, request for admissions or other discovery
request, court order or subpoena from any party regarding this Agreement and the work performed
there under. City retains the right, but has no obligation, to represent Contractor or be present at
any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and
to provide City with the opportunity to review any response to discovery requests provided by
-18-A-19 01203 0006/30034 7 .I
Contractor. However, this right to review any such response does not imply or mean the right by
City to control, direct, or rewrite said response.
ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law.
This Agreement shall be interpreted, construed and governed both as to validity and
to performance ofthe parties in accordance with the laws ofthe State of California. Legal actions
concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be
instituted in the Superior Court of the County of Los Angeles, State of California, or any other
appropriate court in such county, and Contractor covenants and agrees to submit to the personal
jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District
Court, venue shall lie exclusively in the Central District of California, in the County of Los
Angeles, State of California.
7.2 Disputes.
(a) Default; Cure. In the event that Contractor is in default under the
terms of this Agreement, the City shall not have any obligation or duty to continue compensating
Contractor for any work performed after the date of default. Instead, the City may give notice to
Contractor of the default and the reasons for the default. The notice shall include the timeframe in
which Contractor may cure the default. This timeframe is presumptively thirty (30) days, but may
be extended, though not reduced, if circumstances warrant. During the period of time that
Contractor is in default, the City shall hold all invoices and shall proceed with payment on the
invoices only when the default is cured. In the alternative, the City may, in its sole discretion, elect
to pay some or all of the outstanding invoices during the period of default. If Contractor does not
cure the default, the City may take necessary steps to terminate this Agreement under this Article.
Any failure on the part of the City to give notice of the Contractor's default shall not be deemed
to result in a waiver of the City's legal rights or any rights arising out of any provision of this
Agreement.
(b) Dispute Resolution. This contract is subject to the provisions of
Article 1.5 (commencing at Section 201 04) of Division 2, Pm13 of the California Public Contract
Code regarding the resolution of public works claims of less than $375,000. At1icle 1.5 mandates
certain procedures for the filing of claims and supporting documentation by the Contractor, for the
response to such claims by the City, for a mandatory meet and confer conference upon the request
of the Contractor, for mandatory non-binding mediation in the event litigation is commenced, and
for mandatory judicial arbitration upon the failure to resolve the dispute through mediation. This
Agreement hereby incorporates the provisions of A11icle 1 .5 as though fully set f011h herein.
7.3 Retention of Funds.
Contractor hereby authorizes City to deduct from any amount payable to Contractor
(whether or not arising out of this Agreement) (i) any amounts the payment of which may be in
dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or
damages suffered by City, and (ii) all amounts for which City may be liable to third pm1ies, by
reason of Contractor's acts or omissions in performing or failing to perform Contractor's
-19-A-20 01203 0006/3003471
obligation under this Agreement. In the event that any claim is made by a third party, the amount
or validity of which is disputed by Contractor, or any indebtedness shall exist which shall appear
to be the basis for a claim of lien, City may withhold from any payment due, without liability for
interest because of such withholding, an amount sufficient to cover such claim. The failure of City
to exercise such right to deduct or to withhold shall not, however, affect the obligations of the
Contractor to insure, indemnify, and protect City as elsewhere provided herein.
7.4 Waiver.
Waiver by any pmiy to this Agreement of any term, condition, or covenant of this
Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any
party of any breach ofthe provisions ofthis Agreement shall not constitute a waiver of any other
provision or a waiver of any subsequent breach or violation of any provision of this Agreement.
Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of
the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by
a non-defaulting party on any defau It shall impair such right or remedy or be construed as a waiver.
Any waiver by either party of any default must be in writing and shall not be a waiver of any other
default concerning the same or any other provision of this Agreement.
7.5 Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in
this Agreement, the rights and remedies of the parties are cumulative and the exercise by either
patiy of one or more of such rights or remedies shall not preclude the exercise by it, at the same or
different times, of any other rights or remedies for the same default or any other default by the
other party.
7.6 Legal Action.
In addition to any other rights or remedies, either party may take legal action, in
law or in equity, to cure, correct or remedy any default, to recover damages for any default, to
compel specific performance of this Agreement, to obtain declaratory or injunctive relief. or to
obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any
contrary provision herein, Contractor shall file a claim pursuant to Government Code Sections 905
et seq. and 910 et seq., in order to pursue a legal action under this Agreement.
7.7 Liquidated Damages.
Since the determination of actual damages for any delay in performance of this
Agreement would be extremely difficult or impractical to determine in the event of a breach of
this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City the sum
of Three Hundred Dollars ($300) as liquidated damages for each working day of delay in the
performance of any service required hereunder, as specified in the Schedule of Performance
(Exhibit "D"). The City may withhold from any monies payable on account of services performed
by the Contractor any accrued liquidated damages. Pursuant to Government Code Section 4215,
Contractor shall not be assessed liquidated damages for delay in completion of the project when
such delay was caused by the failure of the public agency or owner of the utility to provide for
removal or relocation of utility facilities.
-20-A-21 0 120 3 0006/30034 71
7.8 Termination Prior to Expiration of Term.
This Section shail govern any termination of this Contract except as specifically
provided in the following Section for termination for cause. The City reserves the right to terminate
this Contract at any time, with or without cause, upon thirty (30) days' written notice to Contractor,
except that where termination is due to the fault of the Contractor, the period of notice may be
such sh011er time as may be determined by the Contract Officer. In addition, the Contractor
reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60)
days' written notice to City, except that where termination is due to the fault of the City, the period
of notice may be such shorter time as the Contractor may determine. Upon receipt of any notice of
termination, Contractor shail immediately cease ail services hereunder except such as may be
specificaily approved by the Contract Officer. Except where the Contractor has initiated
termination, the Contractor shail be entitled to compensation for all services rendered prior to the
effective date of the notice of termination and for any services authorized by the Contract Officer
thereafter in accordance with the Schedule of Compensation or such as may be approved by the
Contract Officer, except as provided in Section 7.3. In the event the Contractor has initiated
termination, the Contractor shail be entitled to compensation only for the reasonable value of the
work product actually produced hereunder. In the event of termination without cause pursuant to
this Section, the terminating pm1y need not provide the non-terminating party with the opp011unity
to cure pursuant to Section 7.2.
7.9 Termination for Default of Contractor.
If termination is due to the failure of the Contractor to fulfill its obligations under
this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work
and prosecute the same to completion by contract or otherwise, and the Contractor shail be liable
to the extent that the total cost for completion of the services required hereunder exceeds the
compensation herein stipulated (provided that the City shail use reasonable efforts to mitigate such
damages), and City may withhold any payments to the Contractor for the purpose of set-off or
partial payment of the amounts owed the City as previously stated.
7.10 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 may be granted, \vhether legal or
equitable, shall be entitled to reasonable attorney's fees. Attorney's fees shail include attorney's
fees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other
reasonable costs for investigating such action, taking depositions and discovery and ail other
necessary costs the cou11 ailows which are incurred in such litigation. Ail such fees shall be deemed
to have accrued on commencement of such action and shail be enforceable \vhether or not such
action is prosecuted to judgment.
7.11 Unfair Business Practices Claims.
In entering into this Agreement, Contractor offers and agrees to assign to the City
ail rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton
-21-A-22 01203.0006/300347.1
Act (15 U .S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700)
of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods,
services or materials related to this Agreement. This assignment shall be made and become
effective at the time the City renders final payment to the Contractor without further
acknowledgment of the Parties.
ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees.
No officer or employee of the City shall be personally liable to the Contractor, or
any successor in interest, in the event of any default or breach by the City or for any amount which
may become due to the Contractor or to its successor, or for breach of any obligation of the terms
ofthis Agreement.
8.2 Conflict of Interest.
Contractor covenants that neither it, nor any officer or principal of its firm, has or
shall acquire any interest, directly or indirectly, which would conflict in any manner with the
interests of City or which would in any way hinder Contractor's performance of services under
this Agreement. Contractor further covenants that in the performance of this Agreement, no person
having any such interest shall be employed by it as an officer, employee, agent or subcontractor
without the express written consent of the Contract Officer. Contractor agrees to at all times avoid
conflicts of interest or the appearance of any conflicts of interest with the interests of City in the
performance ofthis Agreement.
No officer or employee of the City shall have any financial interest, direct or
indirect, in this Agreement nor shall any such officer or employee participate in any decision
relating to the Agreement which effects his financial interest or the financial interest of any
corporation, partnership or association in which he is, directly or indirectly, interested, in violation
of any State statute or regulation. The Contractor warrants that it has not paid or given and will not
pay or give any third party any money or other consideration for obtaining this Agreement.
8.3 Covenant Against Discrimination.
Contractor covenants that, by and for itself, its heirs, executors, assigns, and all
persons claiming under or through them, there shall be no discrimination against or segregation
of, any person or group of persons on account of race, color, creed, rei igion, sex, gender, sexual
orientation, marital status, national origin, ancestry, or other protected class in the performance of
this Agreement. Contractor shall take affirmative action to insure that applicants are employed and
that employees are treated during employment without regard to their race, color, creed, religion,
sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class.
8.4 lJnauthorized Aliens.
Contractor hereby promises and agrees to comply with all of the provisions of the
Federal Immigration and Nationality Act, 8 U.S.C. § 1101 et seq., as amended, and in connection
therewith, shall not employ unauthorized aliens as defined therein. Should Contractor so employ
-22-A-23 01203 0006/3003~71
such unauthorized aliens for the performance of\vork and/or services covered by this Agreement,
and should any liability or sanctions be imposed against City for such use of unauthorized aliens,
Contractor hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions
imposed, together with any and all costs, including attorneys' fees, incurred by City.
ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Notices.
Any notice, demand, request, document, consent, approval, or communication
either party desires or is required to give to the other pmiy or any other person shall be in writing
and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City
Manager and to the attention of the Contract Officer (with her/his name and City title), City of
Rancho Palos Verdes, 30940 Hawthorne Boulevard, Rancho Palos Verdes, CA 90275 and in the
case of the Contractor, to the person at the address designated on the execution page of this
Agreement. Either party may change its address by notifying the other party of the change of
address in writing. Notice shall be deemed communicated at the time personally delivered or in
seventy-two (72) hours from the time of mailing if mailed as provided in this Section. All
correspondence relating to this Agreement shall be serialized consecutively.
9.2 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of
the language used and shall not be construed for or against either party by reason of the authorship
of this Agreement or any other rule of construction which might otherwise apply.
9.3 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed
to be an original, and such counterparts shall constitute one and the same instrument.
9.4 Integration; Amendment.
This Agreement including the attachments hereto is the entire, complete and
exclusive expression of the understanding of the parties. It is understood that there are no oral
agreements between the parties hereto affecting this Agreement and this Agreement supersedes
and cancels any and all previous negotiations, arrangements, agreements and understandings, if
any, between the parties, and none shall be used to interpret this Agreement. No amendment to or
modification of this Agreement shall be valid unless made in writing and approved by the
Contractor and by the City Council. The parties agree that this requirement for written
modifications cannot be waived and that any attempted waiver shall be void.
9.5 Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or
sections contained in this Agreement shall be declared invalid or unenforceable by a valid
judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall
not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this
-23-A-24 01203 0006/3003471
Agreement which are hereby declared as severable and shall be interpreted to carry out the intent
of the parties hereunder unless the invalid provision is so material that its invalidity deprives either
party of the basic benefit of their bargain or renders this Agreement meaningless.
9.6 Warranty & Representation of Non-Collusion.
No official, officer, or employee of City has any financial interest, direct or indirect,
in this Agreement, nor shall any official, officer, or employee of City participate in any decision
relating to this Agreement which may affect his/her financial interest or the financial interest of
any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in
violation of any corporation, partnership, or association in which (s)he is directly or indirectly
interested, or in violation of any State or municipal statute or regulation. The determination of
''financial interest" shall be consistent \Vith State law and shall not include interests found to be
"remote" or "noninterests" pursuant to Government Code Sections I 091 or 1091.5. Contractor
warrants and represents that it has not paid or given, and will not pay or give, to any third party
including, but not limited to, any City official, officer, or employee, any money, consideration, or
other thing of value as a result or consequence of obtaining or being awarded any agreement.
Contractor further warrants and represents that (s)he/it has not engaged in any act(s), omission(s),
or other conduct or collusion that would result in the payment of any money, consideration, or
other thing of value to any third pm1y including, but not limited to, any City official, officer, or
employee, as a result of consequence of obtaining or being awarded any agreement. Contractor is
aware of and understands that any such act(s), omission(s) or other conduct resulting in such
payment of money, consideration, or other thing of value will render this Agreement void and of
no force or effect.
Contractor's Authorized Initials ---
9.7 Corporate Authority.
The persons executing this Agreement on behalf of the pa11ies hereto warrant that
(i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver
this Agreement on behalf of said pmty, (iii) by so executing this Agreement, such party is formally
bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not
violate any provision of any other Agreement to which said party is bound. This Agreement shall
be binding upon the heirs, executors, administrators, successors and assigns ofthe parties.
!SIGNATURES ON FOLLOWING PAGE]
-24-A-25 0 I 203.0006/300347.1
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date and year first-above written.
ATfEST:
Emily Colborn, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
William W. Wynder, City Attorney
CITY:
CITY OF RANCHO PALOS VERDES, a
municipal corporation
John Cruikshank, Mayor
CONTRACTOR:
METROCELL CONSTRUCTION INC.
By: ________________________ __
By:
Name: James Culwell
Title: President
-------------------------------
Name: Christine Culwell
Title: Secretary
Address: 1635 E. Cedar Street
Ontario, CA 91761
Two corporate officer signatures required when Contractor is a corporation, with one signature required from
each of the following groups: I) Chairman of the Board, President or any Vice President; and 2) Secretary, any
Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONTRACTOR'S SIGNATURES
SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS
MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR
REGULATIONS APPLICABLE TO CONTRACTOR'S BUSINESS ENTITY.
-25-A-26 () 1203.0006/300347.1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On _____ , 2020 before me, , personally appeared , proved to me on the
basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity( ies ), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certifY under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
Signature:------------------~---
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER
D INDIVIDUAL
0 CORPORATE OFFICER
D
D
D
D
D
----------------------
TITLE(S)
PARTNER(S) D LIMITED
D GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER ____ ~-----------
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
0 120 3 0006/30034 7 I
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
A-27
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On _____ , 2020 before me, , personally appeared , proved to me on the
basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity( ies ), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certifY under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
Signature: ___________________ _
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER
0 INDIVIDUAL
0 CORPORATE OFFICER
TITLE(S)
PARTNER(S) D
D
ATTORNEY -IN-FACT
LIMITED
GENERAL
D
D
D
D
D
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER _____ ·--------
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
01203.0006/30034 7 .I
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
··-------------:----,--
NUMBER OF PAGES
DATE OF DOCUMENT
--··----------------·
SIGNER(S) OTHER THAN NAMED ABOVE
A-28
EXHIBIT "A"
SCOPE OF WORK
I. Contractor shall perform all of the work and comply with all of the specifications and
requirements in the "'General Provisions" and "Special Provisions" included in the bid
documents for the project entitled BURMA ROAD TRAILHEAD GATE, including any
documents or exhibits referenced therein.
H. Brief description of the work to be performed:
In general, the work comprises without limitation, furnishing all necessary labor, materials,
equipment and other incidental and appurtenant work necessary to install fences and gates
to secure main entry points at the Portuguese Bend Nature Preserve property, as more
clearly described in the Contract Documents. This work will be performed in strict
conformance with the Contract Documents, permits from regulatory agencies with
jurisdiction, and applicable regulations.
HI. In addition to the requirements of Section 6.2, during performance of the work, Contractor
will keep the City apprised ofthe status of performance by delivering the following status
rep011s:
A. Daily Reports
B. Ce11ified Payroll
IV. All work is subject to review and acceptance by the City, and must be revised by the
Contractor without additional charge to the City until found satisfactory and accepted by
City.
V. Contractor shall provide safe and continuous passage for pedestrian and vehicular traffic
in accordance with the Work Area Traffic Control Handbook (WATCH), latest edition.
() 1203 0006/30034 7 1 A-1
A-29
01203 0006/30034 71
EXHIBIT "B"
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
[INTENTIONALLY LEFT BLANK]
B-1
A-30
EXHIBIT "C"
SCHEDULE OF COMPENSATION
I. Contractor shall perform all work at the rates on the Bid Sheet submitted as part of
Contractor's Proposal, and listed below:
Item Description Qty. Unit Unit Extended
No. Me as Price Amount
1 Mobilization 1 LS $8,000 $8,000
2 Demolition: Remove old fence, 1 EA $8,210 $8,210 concrete footing, gate and haul away
3 8' High black wrought iron fence 40 LF $319 $12,760
4 7' x 8' double swing gate 2 EA $4,020 $8,040
5 5' x 8' swing gate with method to affix 1 EA $3,890 $3,890 open
6 8' Metal mesh 40 LF $98 $3,920
Locking Mechanism for vehicle swing
7 gate w/minimum of 7 different access 1 EA $2,460.00 $2,460.00
codes
Install battery powered locks on
8 pedestrian gates with minimum of 7 1 EA $1 '130 $1 '130
distinct secured codes.
Install gap at bottom of both fences for
9 wildlife movement. Location of gap to 1 EA $860 $860
be determined with City staff.
TOTAL $49,270
II. A retention of five percent (5%) shall be held fi·om each payment as a contract retention to
be paid as part of the final payment upon satisfactory completion of services.
III. Within the budgeted amounts for each item on the Bid Sheet, and with the approval of the
Contract Officer, funds may be shifted from one item's subbudget to another so long as the
Contract Sum is not exceeded per Section 2.1, unless Additional Work is approved per
Section 1.1 0.
IV. The City will compensate Contractor for the Services performed upon submission of a
valid invoice. Each invoice is to include:
A. Line items for all personnel describing the work performed, the number of hours
worked, and the hourly rate.
B. Line items for all materials and equipment properly charged to the Services.
012030006/300347.1 C-1
A-31
C. Line items for all other approved reimbursable expenses claimed, with supporting
documentation.
D. Line items for all approved subcontractor labor, supplies, equipment, materials, and
travel properly charged to the Services.
V. The total compensation for the Services shall not exceed $49,270 as provided in Section
2.1 ofthis Agreement.
01203 0006/30034 7 l C-2
A-32
EXHIBIT "D"
SCHEDULE OF PERFORMANCE
I. Contractor shall perform all work within twenty (20) working days starting on the Notice
to Proceed date. Prior to the Notice to Proceed, the Contractor must submit a project
schedule for approval:
II. Contractor shall deliver the following tangible work products to the City by the following
dates.
A. Daily Reports will be delivered to the City weekly. Daily Reports must be delivered
and accepted prior to any progress payment up until the date that work is being
invoiced for.
B. Certified payroll will be delivered to the City biweekly. Certified payroll must be
delivered and accepted prior to any progress payment up until the date that work is
being invoiced for.
III. The Contract Officer may approve extensions for performance of the services in
accordance with Section 3.2.
01203.0006/300347.1 D-1
A-33
PERFORMANCE BOND
WHEREAS, the CITY OF RANCHO PALOS VERDES, ("City''), has awarded to
\Vork
follows:
entitled
as Contractor ("Principal"), a Contract for the
and described as
----------------------------------------------
WHEREAS, the Contractor is required under the terms of said Contract to furnish a
bond for the faithful performance of the Contract;
NOW, THEREFORE, we the undersigned Contractor and Surety, are held and firmly
bound unto the City in the sum of
($ ), this amount being not less than one hundred percent (I 00%) of the total
Contract price, lawful money of the United States of America, for payment of which sum well
and truly be made we bind ourselves, our heirs, executors, administrators, and successors,
jointly and severally, firmly by these presents. In case suit is brought upon this bond, the Surety
will pay a reasonable attorney's fee to the City in an amount to be fixed by the court.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bound
Contractor, or its heirs, executors, administrators, successors, or assigns, shall in all things
stand and abide by, well and truly keep and perform all undertakings, terms, covenants,
conditions, and agreements in the said Contract and any alteration thereof, made as therein
provided, all \vithin the time and in the manner designated and in all respects according to their
true intent and meaning, then this obligation shall become null and void; otherwise it shall be
and remain in full force and effect.
FURTHER, the said Surety, for value received, hereby stipulates and agrees that no
change, extension oftime, alteration, or modification of the Contract Documents or of the work
to be performed thereunder shall in any way affect its obligations on this bond, and it does
hereby waive notice of such change, extension of time, alteration, or modification of the
Contract Documents or of the work to be performed thereunder.
Executed on ------------------------______ 20
PRINCIPAL
(Seal ifCorporation) By _______________________________ __
Title ___________________________ _
(Attach Acknowledgment of Authorized Representative of Principal)
() 12010006/300347.1 D-1
A-34
Any claims under this bond may be addressed to:
(name and address of Surety)
(name and address of Surety's agent for service
of
process in California, if different from above)
(telephone number of Surety's agent 111
California)
(Attach Acknowledgment)
SURETY
By ____________________________ __
(Attorney-in-Fact)
APPROVED:
(Attorney for CITY)
NOTICE:
No substitution or revision to this bond form will be accepted. Sureties must be authorized to
do business in and have an agent for service of process in California. Certified copy of Power
of Attorney must be attached.
012030006/300347.1 D-2
A-35
PAYMENT BOND
(Labor and Material Bond)
WHEREAS, the CITY OF RANCHO PALOS VERDES, ("City''), has awarded to
\Vork
follows:
entitled
as Contractor ("Principal''), a Contract for the
and described as
------------------------------------------------
WHEREAS, said Contractor is required to furnish a bond in conjunction with said
Contract, to secure the payment of claims of laborers, mechanics, material men, and other
persons as provided by law;
NOW, THEREFORE, we the undersigned Contractor and Surety, are held and firmly
bound unto the City in the sum of
($ , this amount being not Jess than one hundred percent (100%) ofthe total
Contract price, lawful money of the United States of America, for payment of which sum well
and truly be made we bind ourselves, our heirs, executors, administrators, and successors,
jointly and severally, firmly by these presents. In case suit is brought upon this bond, the Surety
will pay a reasonable attorney's fee to the City in an amount to be fixed by the court.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if said Contractor, its
heirs, executors, administrators, successors, assigns, or subcontractor fails to pay: (1) for any
work, materials, services, provisions, provender, or other supplies, or for the use of implements
of machinery, used in, upon, for, or about the performance ofthe work to be done, or for any
work or labor thereon of any kind; (2) for work performed by any of the persons named in
Civil Code Section 91 00; (3) for any amounts due under the Unemployment Insurance Code
with respect to work or labor performed under the contract; and/or ( 4) for any amounts required
to be deducted, withheld, and paid over to the Employment Development Department from the
wages of employees of the Contractor and/or its subcontractors pursuant to Section 13020 of
the Unemployment Insurance Code with respect to such work and labor, then the Surety herein
will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the
above obligation shall be void.
This bond shall inure to the benefit of any of the persons named in Civil Code Section
9100 so as to give a right of action to such persons or their assigns in any suit brought upon
the bond. Moreover, if the City or any entity or person entitled to file stop payment notices is
required to engage the services of an attorney in connection with the enforcement of this bond,
each shall be liable for the reasonable attorney's fees incurred, with or without suit, in addition
to the above sum.
Said Surety, for value received, hereby stipulates and agrees that no change, extension
oftime, alteration, or modification ofthe Contract Documents or of the work to be performed
thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice
of such change, extension of time, alteration, or modification of the Contract Documents or of
the work to be performed thereunder.
OJ 203.0006,300347.1
A-36
Executed on ___________________________ ,20 __ _
PRINCIPAL
(Seal ifCorporation) By ____________________________ __
Title --------------------------------
(Attach Acknowledgment of Authorized Representative of Principal)
Any claims under this bond may be addressed to:
California)
(Attach Acknmvledgment)
APPROVED:
(Attorney for CITY)
NOTICE:
(name and address of Surety)
(name and address of Surety's agent for service
of process in California, if different from above)
(telephone number of Surety's agent m
SURETY
By ____ ~-=~--------------------
(Attorney-in-Fact)
No substitution or revision to this bond form will be accepted. Sureties must be authorized to
do business in and have an agent for service of process in California. Certified copy of Power
of Attorney must be attached.
01203.00061300347.1
A-37
WORKERS COMPENSATION INSURANCE CERTIFICATE
Description of Contract:
Type of Insurance:
City of Rancho Palos Verdes
Project: ________________________________________ _
Workers' Compensation and
Employers' Liability Insurance
THIS IS TO CERTIFY that the following policy has been issued by the below-stated company in
conformance \Vith the requirements of Article 5 ofthe Contract and is in force at this time, and is
in a form approved by the Insurance Commissioner.
The Company will give at least 30 days' written notice to the City and Engineer/Architect prior to
any cancellation of said policy.
POLICY NUMBER EXPIRATION DATE LIMITS OF LIABILITY
Named Insured (Contractor)
Street Number
City and State
01203.0006,300347.1
Workers' Compensation:
Statutmy Limits Under the Laws
ofthe State of California
Employers' Liability:
$ Each Accident --------
$ ____________ Disease-Policy Limit
$ ___________ Disease -Each Employee
Insurance Company
Street Number
City and State
By ____________________________ _
(Company Representative)
(SEE NOTICE ON NEXT PAGE)
A-38
Insurance Company Agent for Service
of Process in California:
Name
Agency
Street Number
City and State
Telephone Number
This certificate is issued as a matter of information only and confers no rights upon the certificate
holder. This ce1tificate does not amend, extend, or alter the coverage afforded by the policy listed
herein.
This is to certify that the policy has been issued to the named insured for the policy period
indicated, notwithstanding any requirement, term, or condition of any contract or other document
with respect to which this certificate may be issued or may pertain, the insurance afforded by the
policy described herein is subject to all the terms, exclusions, and conditions of such policy.
NOTICE:
No substitution or revision to the above ce1tificate form will be accepted. If the insurance called
for is provided by more than one insurance company, a separate certificate in the exact above form
shall be provided for each insurance company.
OJ 203.0006 1300347. I
A-39
ADDITIONAL INSURED ENDORSEMENT
COMPREHENSIVE GENERAL LIABILITY
Name and address of named insured ("Named Insured'')
Name and address of Insurance Company (''Company")
General description of agreement(s), permit(s), license(s), and/or activity(ies) insured
Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the
"Policy") or in any endorsement now or hereafter attached thereto, it is agreed as follows:
1. The ____________________________________________________________ __
("Pub! ic Agency''), its elected officials, officers, attorneys, agents, employees, and volunteers are additional
insureds (the above named additional insureds are hereafter referred to as the "Additional Insureds") under
the Policy in relation to those activities described generally above with regard to operations performed by
or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any
premiums or assessments under the Policy.
2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary
insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute
with the insurance coverages provided by the Policy.
3. Each insurance coverage under the Policy shall apply separately to each Additional Insured
against whom claim is made or suit is brought except with respect to the limits of the Company's liability.
4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by
one insured under the policy against another insured under the policy. All such claims shall be covered as
third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing
contained in this provision shall operate to increase or replicate the Company's limits ofliability as provided
under the policy.
5. The insurance afforded by the Policy for contractual liability insurance (subject to the
terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named
Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction
with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional
Insureds.
6. The policy to which this endorsement is attached shall not be subject to cancellation,
change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal
except after written notice to Public Agency, by ceiiified mail, return receipt requested, not less than thirty
(30) days prior to the effective date thereof. In the event of Company's failure to comply with this notice
provision, the policy as initially drafted will continue in full force and effect until compliance with this
notice requirement.
7. Company hereby waives all rights of subrogation and contribution against the Additional
Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of
or incident to the perils insured against in relation to those activities described generally above with regard
01203.0006 300347.1
A-40
to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or
subsequent active or passive negligence by the Additional Insureds.
8. It is hereby agreed that the Jaws of the State of California shall apply to and govern the
validity, construction, interpretation, and enforcement ofthis contract of insurance.
9. This endorsement and all notices given hereunder shall be sent to Public Agency at:
City Manager, City of Rancho Palos Verdes, 30940 Hawthorne Boulevard, Rancho Palos Verdes, California
90275.
10. Except as stated above and not in conflict with this endorsement, nothing contained herein
shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which
this endorsement is attached.
TYPE OF COVERAGES TO WHICH
THIS ENDORSEMENT ATT ACIIES
POLICY PERIOD
FROM/TO
LIMITS OF
LIABILITY
11. Scheduled items or locations are to be identified on an attached sheet. The following
inclusions relate to the above coverages. Includes:
o Contractual Liability
o Owners/Landlords/Tenants
o Manufacturers/Contractors
o Products/Completed Operations
o Broad Form Property Damage
o Extended Bodily Injury
o Broad Form Comprehensive
General Liability Endorsement
o Explosion Hazard
o Collapse Hazard
o Underground Property Damage
o Pollution Liability
o Liquor Liability
o __________________________________ __
o __________________________________ __
o __________________________________ __
12. A o deductible oro self-insured retention (check one) of$ _____________________ __
applies to all coverage(s) except:-----------·------------------
(ifnone, so state). The deductible is applicable o per claim oro per occurrence (check one).
13. This is an o occurrence oro claims made policy (check one).
14. This endorsement is effective on _______________ at 12:01 a.m. and forms a part of
Policy Number ____________ _
(signatures on following page)
0 I 203. ()()06, 300347. I
A-41
I, (print name), hereby
declare under penalty of pe1jury under the laws of the State of California, that I have the authority to bind
the Company to this endorsement and that by my execution hereof, I do so bind the Company.
Executed _______________ , 20 ____ _
Telephone No.: ( __________ _
() 1203.0006 300347.1
Signature of Authorized Representative
(Original signature only; nofacsimile signature
or initialed signature accepted)
A-42
ADDITIONAL INSURED ENDORSEMENT
AUTOMOBILE LIABILITY
Name and address of named insured ("Named Insured")
Name and address of'Jnsurance Company ("Company")
General description olagreement(s), permit(s). license(\'), and/or activity(ies) insured
Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the
"Policy") or in any endorsement now or hereafter attached thereto, it is agreed as follows:
1. The ____________________________ _
("Public Agency"), its elected officials, officers, attorneys, agents, employees, and volunteers are additional
insureds (the above named additional insureds are hereafter referred to as the "Additional Insureds'') under
the Policy in relation to those activities described generally above with regard to operations performed by
or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any
premiums or assessments under the Policy.
2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary
insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute
with the insurance coverages provided by the Policy.
3. Each insurance coverage under the Policy shall apply separately to each Additional Insured
against whom claim is made or suit is brought except with respect to the limits of the Company's liability.
4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by
one insured under the policy against another insured under the policy. All such claims shall be covered as
third-pa1iy claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing
contained in this provision shall operate to increase or replicate the Company's limits ofliability as provided
.under the policy.
5. The insurance afforded by the Policy for contractual liability insurance (subject to the
terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named
Insured under the indemnification and/or hold harmless provision(s) contained or executed in conjunction
with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional
Insureds.
6. The policy to which this endorsement is attached shall not be subject to cancellation,
change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal
except after written notice to Public Agency, by ce1iified mail, return receipt requested, not Jess than thirty
(30) days prior to the effective date thereto. In the event of Company's failure to comply with this notice
provision, the policy as initially drafted will continue in full force and effect until compliance with this
notice requirement.
7. Company hereby waives all rights of subrogation and contribution against the Additional
Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of
or incident to the perils insured against in relation to those activities described generally above with regard
01203.0006 3.003-17.1
A-43
to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or
subsequent active or passive negligence by the Additional Insureds.
8. It is hereby agreed that the laws of the State of California shall apply to and govern the
validity, construction, interpretation, and enforcement of this contract of insurance.
9. This endorsement and all notices given hereunder shall be sent to Public Agency at:
City Manager
City of Rancho Palos Verdes
30940 Hawthorne Boulevard
Rancho Palos Verdes. California 90275
10. Except as stated above and not in conflict with this endorsement, nothing contained herein
shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which
this endorsement is attached.
TYPE OF COVERAGES TO WHICH
TillS I;:NDORSEMENT ATTACHES
POLICY PERIOD
FROM/TO
LIMITS OF
~)ABILITY
11. Scheduled items or locations are to be identified on an attached sheet. The following
inclusions relate to the above coverages. Includes:
D Any Automobiles D Truckers Coverage
D All Owned Automobiles D Motor Carrier Act
D Non-owned Automobiles D Bus Regulatory Reform Act
D Hired Automobiles D Public Livery Coverage
D Scheduled Automobiles D
D Garage Coverage D
12. A o deductible or o self-insured retention (check one) of$ ________ ,
applies to all coverage(s) except: (if none, so state). The deductible is applicable o
per claim oro per occurrence (check one).
13. This is an o occurrence oro claims made policy (check one).
14. This endorsement is effective on ____ .at 12:01 a.m. and forms a part of Policy
Number
(signatures on following page)
() 1203. ()()06, 3003-!7.1
A-44
L (print name), hereby
declare under penalty of pe1:jury under the laws of the State of California, that I have the authority to bind
the Company to this endorsement and that by my execution hereof, I do so bind the Company.
Executed ·-----------------' 20 __
Telephone No.: ( __ _
01203 0006 300347.1
Signature of Authorized Representative
(Original signature only; no facsimile signature
or initialed signature accepted)
A-45
ADDITIONAL INSURED ENDORSEMENT
EXCESS LIABILITY
Name and address of named insured ("Named Insured")
Name and address of1nsurance Company ("Company")
General description olagreement(s), permit~s'), license(s), and/or activity(ies) insured
Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the
"Policy'') or in any endorsement now or hereafter attached thereto, it is agreed as follows:
I. The __ ~~~=-~--~------------------~------~~--------~~~
("Public Agency"), its elected officials, officers, attorneys, agents, employees, and volunteers are additional
insureds (the above named additional insureds are hereafter referred to as the "Additional Insureds") under
the Policy in relation to those activities described generally above with regard to operations performed by
or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any
premiums or assessments under the Policy.
2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary
insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute
with the insurance coverages provided by the Policy.
3. Each insurance coverage under the Policy shall apply separately to each Additional Insured
against whom claim is made or suit is brought, except with respect to the limits of the Company's liability.
4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by
one insured under the policy against another insured under the policy. All such claims shall be covered as
third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing
contained in this provision shall operate to increase or replicate the Company's limits ofliability as provided
under the policy.
5. The insurance afforded by the Policy for contractual liability insurance (subject to the
terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named
Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction
with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional
Insureds.
6. The policy to which this endorsement is attached shall not be subject to cancellation,
change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal
except after written notice to Public Agency, by ce1iified mail, return receipt requested, not less than thirty
(30) days prior to the effective date thereto. In the event of Company's failure to comply with this notice
provision, the policy as initially drafted will continue in full force and effect until compliance with this
notice requirement.
7. Company hereby waives all rights of subrogation and contribution against the Additional
Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of
or incident to the perils insured against in relation to those activities described generally above with regard
to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or
subsequent active or passive negligence by the Additional Insureds.
0 I 203.0006 300347. I
A-46
8. It is hereby agreed that the laws of the State of California shall apply to and govern the
validity, construction, interpretation, and enforcement of this contract of insurance.
9. This endorsement and all notices given hereunder shall be sent to Public Agency at:
City Manager
City of Rancho Palos Verdes
30940 Hawthorne Boulevard
Rancho Palos Verdes, California 90275
10. Except as stated above and not in conflict with this endorsement, nothing contained herein
shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which
this endorsement is attached.
TYPE OF COVERAGES TO WHICH
Tl liS ENDORSEMENT ATTACHES
o Following Form
o Umbrella Liability
POLICY PERIOD
FROM/TO
D __________________________________ __
11. Applicable underlying coverages:
INSURANCE COMPANY POLICY NO.
LIMITS OF
LIA131LITY
AMOUNT
12. The following inclusions, exclusions, extensions or specific provisions relate to the above
coverages: ____________________________________________________________________ _
13. A o deductible oro self-insured retention (check one) of$ __________________ _
applies to all coverage(s) except:----------------------------------------·
(if none, so state). The deductible is applicable o per claim oro per occurrence (check one).
14. This is an o occurrence oro claims made policy (check one).
15. This endorsement is effective on _______ at 12:01 a.m. and forms a part of Policy
Number __ _
Of 203.01106 300347.1
A-47
(signatures on following page)
I, (print name), hereby
declare under penalty of pe1jury under the laws of the State of California, that I have the authority to bind
the Company to this endorsement and that by my execution hereof, I do so bind the Company.
Executed ______________________ ,20 __ __
Telephone No.: ( _____ _) ____________ _
01203.0006 13003-17.1
Signature of Authorized Representative
(Original signature only; no facsimile signature
or initialed signature accepted)
A-48
From:
Sent:
To:
Cc:
Subject:
Hello Katie,
SUNSHINE <s unshinerpv@aol.com >
Sunday, August 30 , 2020 8:18 PM
Katie Lozano; Daniel Trautner
CC; CityC ierk
I repeat. Re: What is the official "memorialization" of Dave Brad ley's motion on last
Tuesdays Item 3, De l Cerro Park?
I am not a Trail Attorney so I ask the questions that I don't have the answers to. I read what is in the
various Staff Reports . For Sept. 1, nobody seems to know ... What is the official "memorialization" of
Dave Bradley's motion on last Tuesdays Item 3, Del Cerro Park? ... S
In a message dated 8/2 6/2 020 5:2 1:15 PM Pacific Standard Time , KatieL @rpvca.gov writes:
Hello Sunshine ,
Thank you for your email. Item C on the Sept. 1st City Council agenda items is to award a construction
contract in the amount of $49 ,270 to Metrocell Construction, Inc. for the installation of a Preserve
access gate at the Burma Rd . access point into the Portuguese Bend Reserve . This gate has been
publically vetted and was approved by the City Council in 2018 , and unfortunately has been delayed
until very recently . The gate wi ll help control unauthorized access into the very popular Portuguese
Bend Reserve . For clarification , while the Palos Verdes Peninsula Land Conservancy did contribute
financially to acquisition of Preserve lands, the vast majority of funding for Preserve land acquisition
came from Federal , State, and local grant funding sources. I'd be happy to provide any info I can on
the Trails Network Plan Update or Preserve Public Use Master Plan , or I can reach out to the Parks
Master Plan project lead for questions on that document. I hope this is helpful.
Thank you ,
Katie Lozano
Senior Administrative Analyst /Open Space Manager
Recreation and Parks Department
City of Rancho Palos Verdes
31 0-544 -5267
katiel@rpvca .gov
c.
City Hall is open to the public during regular business hours . To help prevent the spread of
COVID -19 , visitors are required to wear face coverings and adhere to physical distancing
guidelines . Some employees are working on rotation and may be working remotely . If you need
to visit City Hall , please schedule an appointment in advance by calling the appropriate
department and follow all posted directions during your visit. Walk-ups are limited to one person
at a time. Please note that our response to your inquiry could be delayed . For a list of
department phone numbers , visit the Staff Directory on the City website.
From: SUNSHINE <sunshinerpv@aol.com>
Sent: Wednesday, August 26, 2020 4:42 PM
To: Daniel Trautner <DanieiT@rpvca.gov>; Katie Lozano <Katiel@rpvca.gov>
Cc: CC <CC@rpvca.gov>; CityCierk <CityCierk@rpvca.gov>
Subject: Fwd: What is the official "memorialization" of Dave Bradley's motion on last Tuesdays Item 3,
Del Cerro Park?
Hello Dan and Katie,
"Last Tuesday's Council Meeting" was August 18, 2012.
From a holistic point of view, what Charles Eder and Ron Dragoo have put on the Council's
September 1, 2020 Agenda is pretty pitiful mostly from the point of view that neither actually
discloses what the public funds will be spent on. Recommending actions just to "do
something" even if it is counter-productive, unsustainable and/or just plain not thought out in a
public forum is fraud, waste and abuse. Staff Time is public funds spent. My elected
representatives should not be put in a position to have to vote No just to send Staff "back to
the drawing board" and consume more "Staff Time".
Planning the parking and preserve access is one issue which has been on Staff's "To Do List"
ever since the City purchased the first large property and created The PV Preserve. By the
way, that is something which was clearly stated in the original General Plan as something "the
City" had no intention of investing in . PVPLC came up with most of the money but there are a
lot of "strings attached". It is never too late to start documenting the parking and other
"applies to more than just the Preserve property" restrictions which the City may or may not
2
have agreed to . PVPLC is a Sub-Contractor, not your Boss. You need to get your "facts"
from a more reliable source .
I keep asking and still have not found the Staff person who has been delegated the task of
knowing and revealing all of the implications of the Staff level interpretations which come with
implementing the City's Parks Master Plan, the Preserve Public Use Master Plan and the
Trails Network Plan . It all appears to have landed with the Rec.& Parks Department except
that you don 't seem to know how to avail yourselves of, nor direct the skills and talents to be
found in the Public Works Department , the Community Development Department, the
Information Technology Department , the Finance Department and the Emergency
Preparedness Coordinator .
Sorry . I am "old school". Pointing out potential errors and omissions used to be considered
"helpful". I do not mean to criticize you personally. However, "We're working on it" leaves me
with the impression that you are not. And, the holistic information I have to to offer, is not
welcome .
Please write something which changes my impression and actually supports conflict resolution
on the Palos Verdes Peninsula .... S 310-377 -8761
From: sunshinerpv@aol.com
To: terit@rpvca.gov
Cc: David.Bradley@rpvca.gov
Sent: 8/20/2020 3:26:38 PM Pacific Standard Time
Subject: What is the official "memorialization" of Dave Bradley's motion on last
Tuesdays Item 3, Del Cerro Park?
Hi Teri,
3
All this is just background to help you produce what I am looking for . The trick
appears to be in the timing between when you produce the draft minutes and when
Dan is supposed to produce some action. TNX .... S
From: sunshinerpv@aol.com
To: DanieiT@rpvca .gov
Sent: 8/20/2020 3:00 :18 PM Pacific Standard Time
Subject: Still an issue. Re: Parks as trailheads and trails as non-motorized
connections between parks
Hello Dan,
How about you call me Sunshine and I won't call you Mr. Trautner. We have
met on many occasions . We have just never had any occasions to talk about
anything beyond how some PVIC Docent activities could become "living
history" activit ies at both upper and lower Point Vicente Park . Now that that
opportunity has been extinguished, I am back to being a "trails junkie". Come
see . Six years of land movement makes it a different place.
Since the "living history" opportunity has been . pretty much extinguished, I am
offering my trails knowledge in support of emergency preparedness. Katie is
locked in a box as defined by the City's Land Use Map OPEN SPACE -
PRESERVATION . Matt is locked in a box as defined by the City's Zoning Map
OPEN SPACE-RECREATION . Cory is si lent. Ken and Jesse are new . Elias
is gone. Ara obfuscates answers to questions and Counci ls Action Items .
You have popped up as a potential insider player in the mix. I am just hoping
you can connect the dots. B ig step at "transparency". Did Ara write your reply
for you? You avoided answer ing my question just like he does and you did not
accept my invitation. So, how about this one? What is the official verbiage
of the "action items" you and Katie have been tasked with? I heard Dave
Bradley's Motion. Council's request that their directions be "memorialized" has
become a rather s loppy "work in progress". We, the People, cannot point out
potential omissions nor suggest options as so lutions until we know Ara's
interpretation of what the Council Moved and Approved .
If you are not a party to a solution, you are a part of the problem .... S 310-
377 -8761
4
In a message dated 8/20/2020 12:39:15 PM Pacific Standard Time ,
Danie1T@rpvca.gov writes:
Still an issue. Re : Parks as trailheads and trails as non-motorized
connections between parks
Hello SUNSHINE,
Thanks for reaching out. We have had the chance to meet. I came out to
your property when I f irst started w ith the City in 2014.
I am working w ith Katie Lozano on the Del Cerro parking issue and Kat ie is
the Department lead on the Nature Preserve . We are coming back to Counc il
in the near future on several act ion items re lated to parking and preserve
access .
Thanks aga in,
Daniel Trautner
From: SUNSHINE <s un s hinerpv@aol.com >
Sent: Thursday, August 20, 2020 12 :27 PM
To: Daniel Trautner <DanieiT@rpvca.gov >
Subject: Parks as trailheads and trails as non-motorized connect ions
between parks
Hi Dan,
Nice to see your name on an Agenda Report that relates to outs id e of a
park site. We have never had a chance to sit down for a how we can
work together chat. Maybe you can find the answer to this
question. Who do you expect to pull together the Council's Action
Item about proposing solutions to the imbalance of access to the
City's Parks and Nature Reserves?
5
If you have no such expectation, read no further. If you may and are
willing to come to my outdoor and otherwise safety compliant venue for
a more in depth discussion, emai l me a date and ETA or, give me a
call ... S 310-377 -8761
***
The solution to the balance of nature is in the Trails Network Plan
update public outreach process. Council has given the City Manager
60 days to come up with a response . Ara has been dodging it for 15
years.
The Open Space Plann in g and Rec.& Parks Task Force was given their
tasks before the RPV City Council majority became PVP Land
Conservancy "revised Mission" advocates. The Task Force's Work
Product died for lack of a Motion. The 50-year Contract with the
PVPLC was signed . The P lanning Department became the Community
Development Department and took control over the Public Works
Department and the Rec.& Parks Department. Subsequent City
Council Members have not been so support iv e of a "p ure green" future
for RPV but, enforcement of new interpretations of the Brown Act have
precluded everyone from being ab le to discuss the differences between
"op en space " for human health, safety and welfare versus "open space"
for the health, safety and welfare of native "wildlife" and B iolog ist s.
Matt Waters is good at "l osing documents" however, he may be able to
turn up a copy of the Task Force's Work Product (2005). If not, I have
a hard copy . Two years of work and more than monthly pub li c
meetings produced recommendations for balancing our residents'
needs and wants. This work did influence the update of the Parks
Master Plan. I st ill have not seen what Cory Linder meant by
maintaining the Parks Master Plan as a "living document".
How all this gets implemented into a balance among the various
departments' isolated responsibilities is now back in the hands of the
Rec.& Parks Department. The RPV Trails Network Plan is the glue
which holds the human side of Paradise together. What the TNP
update is missing most urgently is input from the Fire Department which
James O 'N ei ll, Public Works, Wildfire Management and Jesse
Villalponda, City Manager's Office, Emergency Preparedness, are
tasked with in separate and more focused Counci l Action Items.
6
Without new "narratives" for the conceptual trails (on private property)
which are now, shall we say, "real trails" on City property, our
progression of Directors of the Public Works Department have been
able to claim that the PVPLC is supposed to tell him what to
"maintain". Without new narratives, the recreational and emergency
circulation needs are not being considered in the Landslide
Remediation Engineering Project, the Altamira Canyon Repair
Engineering Project and the Portuguese Bend Area Emergency
Evacuation Plan.
The rest of the City and our neighboring Cities are also suffering from
this isolation of parks . In particular, the City Planners are not effectively
negotiating Irrevocable Offers of Trail Easements because the Trails
Network Plan has not been updated with engineered "ideal routes" for
the existing/conceptual trails which cross multiple undeveloped lots .
The big direction decision which has not been presented to Council,
specifically is ... Should the Trails Network Plan aim to preserve and
enhance the most off-road circulation opportunities (General Plan) or ,
should human circulation be minimized to preserve and enhance native
habitat (Natural Communities Conservation Plan, NCCP)? Ara may
have discussed this with our current TNP Update Consultant, but,
whatever level of "balance" was agreed upon has not been shared with
the public. We have paid for a year's worth of the Consultant's time
and we still don't know if the impacts of the level of balance chosen are
going to be acceptable .
In isolation , you and Katie's Del Cerro Park vs. Gateway Park
conundrum is unsolvable . I repeat: Who do you expect to pull
together the Council's Action Item about proposing solutions to
the imbalance of access to the City's Parks and Nature Reserves?
I am happy to share my knowledge of the tools you have to work
with. Without a clear statement of the balanced objective, no amount of
wordsmithing and engineering is going to get anything except habitat
enhanced and preserved . It is not just my home which cannot be
adequately hardened against a wildfire and adequately protected from
invading tourists.
7
8
-
From:
Sent:
To:
Subject:
Follow Up Flag:
Flag Status:
SUNSHINE <sunshinerpv@aol.com>
Friday, August 28, 2020 4:58 PM
CC; CityCierk
September 1, 2020 Council Consent Calendar Items C, D, E & H
Follow up
Completed
Dear Mr. Mayor and City Council,
I deleted the following sentence from the following email chain with Ron Dragoo.
"Since you have no respect for my elected representatives, I have no respect for you."
As long as the five persons seated at the dais continue to Move and Approve Staff's
Recommendations, be they to "receive and file" or to spend public funds, Staff will continue to
disrespect you. I commend your recent efforts to get Staff to "memorialize" your more specific
directions.
Making that happen is going to take a lot more effort on your part. Staff is still not providing an
analysis of the "downside of voting No". Staff is not providing an analysis of the "downside of voting
Yes". Mostly, Staff is not putting the big decisions onto your Agendas. Even worse, Staff is not
availing themselves of other departments' and the public's specialized knowledge.
Case in point. You asked our Open Space Manager for our parking enforcement recovery rate. Well,
she was presenting the Staff Recommendation about parking control. Nobody else on Zoom had the
answer, either, and, you all just moved forward without the pertinent data.
Here is another suggestion which will probably vanish into the black hole known as cc@rpvca.gov. If
Staff has not withdrawn them prior to opening this Agenda Item, somebody, make a motion to not
approve the Staff Recommendations on Consent Calendar Items C, D, E and H.
It is not just Ron Dragoo's fault. (Item E.) He is simply the Engineer who has been working for the
City the longest and has managed to point fingers at other people when his part of implementing the
City's General Plan turns out to be fatally incomplete. OMG. Katie didn't know to ask and Ron did
not look into the "justifications" required for painting red curbs. Guess what? No red curbs by
September 1 .
Charles Eder's Staff Report (Item C) does not include the SPECIAL REQUIREMENTS (Superseding
Contract Boilerplate). Details are To Be Determined (TBD) by "Staff'. No detailed Plans, no
opportunity for Engineering type citizens to notice errors and omissions.
Item D. Our "on call" engineering has not yet produced any designs which the "special interest"
public has been able to comment on prior to completed schematics. Cut the purse strings until Staff
gets more "transparent".
Item H. The nasty stands of acacias and view blocking eucalyptus on City property which I brought to
the Council's attention on May 5 are still there. Code Enforcement came and took a lot of pictures.
Receive and File means that Staff gets to keep on not doing whatever they are not doing other than
consuming Staff Time on generating "reports".
Either way, I'm still hoping for some sort of Community Services Director to pull it all together to
present to some sort of Infrastructure and Activities Commission. Your volunteer time is too valuable
to be wasted on asking Staff questions which they are not prepared to answer.
Have a lovely weekend .... S 310-377-8761
Subject: Something of an apology and a really big question
Date: 8/28/2020 1 :36:38 PM Pacific Standard Time
From: sunshinerpv@aol.com
To: rond@rpvca.gov
Sent from the Internet (Details)
Dear Mr. Dragoo,
2
I am so incredibly frustrated by RPV Staff's lack of communication both with the public and among
yourselves. You have been a party to so many "debacles" that I blew my top at seeing you facilitating
another one.
The parking problem at Del Cerro Park has been created by a series of isolated actions and non-
actions in various departments despite the best efforts of Council and the public. The Public Works
Department has never been managed as a part of a "team effort". Now that the City has acquired a
lot of "open space" acreage, it is the Public Works Department's responsibility to maintain the
Category I trails and facilitate enhancing the Category Ill trails into Category I.
As a PE, you have the skill to do this. As the City's Senior Engineer, Council is expecting you to
"preserve and enhance" the City's "corporate memory". Your Staff Report on our Open Space
Manager's Recommendation to prohibit parking along Crenshaw Blvd south of Crest Rd. is an
obfuscation of the Council's direction to propose a "holistic solution" to the problems created by the
premature announcement to the world that RPV has wonderful trails which are open to the public. As
then Mayor Duhovic pointed out, Staff "got the cart in front of the horse". My frustration is in that Staff
has done nothing to mitigate the adverse impacts.
The "Notify Me" program is in place so that Staff can invite the public, with "special interests", to
participate in the early-on research and decision making which creates a project's scope of work. The
ListServ Notices of 8/26/2020 and 8/27/2020 are particularly onerous because they were sent out
after the "work" was decided, no specific Staff Member was identified as the person who has the
answers to questions and the notices were not sent to the people who have subscribed to the
potentially impacted categories.
Helping out our I MAC, our Trails Network Plan Update Contract Officer, our Emergency
Preparedness Coordinator, our City Planners, our Open Space Manager and the rest of our City
Manager's non-engineer type employees should not be such an absurd notion. Our City is
functioning on a deferred maintenance program and all that benefits is a butterfly and a bird.
"Tread lightly" benefits us all. That starts with carefully balanced engineering. You are a Professional
Engineer. The City Council is your Client. Before you pay someone to put pen to paper, it is your
responsibility to document your Client's choice of two out of the three elements in the Tension
Triangle.
3
My apology goes... I am not sorry that I stepped on your toes . I am profoundly sorry that your toes
were there. Watching my language means that I have to use bigger words and refer to bigger
concepts. Like I said. I am frustrated. I sent you a YES or NO question and you did not answer it.
So, come September 1, 2020, will you, James O'Neill and Charles Eder have anything to add to
your Consent Calendar Items C, D, E and H which give the Council the opportunity to Move
and Approve holistically engineered solutions to the inadequately designed trails and
trail heads on City owned properties and easements all over the City?
Sincerely,
A concerned Citizen
SUNSHINE
6 Limetree Lane
Rancho Palos Verdes , CA 90275
Subject: Maintenance Work in Portuguese Bend Reserve
Date : 8/27/2020 9:46:35 AM Pacific Standard Time
From: listserv@civicplus.com
To: sunshinerpv@aol.com
Sent from the Internet (Details)
<The City is coordinating utility infrastructure maintenance with SoCal Edison in the Portuguese Bend
Reserve starting August 27th-September 9th . Temporary trail closures may take place as
needed. However, for the majority of the work, trails will remain open to the public. Please
check trailalerts.rpvca .gov for up to date information on trail closures. Thank you for your patience
and cooperation during this work.
For more information, please contact Open Space Management at trails@rpvca.gov or 310-544-
5353. > * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
This message is been sent by the City of Rancho Pa los Verdes as part of a "Not ify Me" Listserv category you are signed
up for . Please do not press "rep ly" when responding to this message, it is an unmon itored email address . You can make
changes to your subscript ion by visiting http://www.rpvca.gov/l ist.aspx .
4
You are receiving this message because you are subscribed to Palos Verdes Nature Preserve on
www.rpvca.gov. To unsubscribe, click the following link:
Unsubscribe
Subject: Re: TEMPORARY PARKING PROHIBITION ALONG CRENSHAW BLVD. SOUTH OF CREST RD.
Date: 8/26/2020 6:18:56 PM Pacific Standard Time
From: sunshinerpv@aol.com
To: RonD@rpvca.gov
Sent from the Internet (Details)
Hey Ron,
I got over making nice with you years ago. Apparently I still have not gotten your
attention. Hmmmmmm. What shall I try next. There must be a way to get you to put on your "Senior
Engineer hat" and contract for a quality project on behalf of the residents of Rancho Palos Verdes. "It
is not in the Budget" was never a valid excuse .... S
In a message dated 8/26/2020 6:08:19 PM Pacific Standard Time, RonD@rpvca.gov writes:
Watch your language please!
Ron Dragoo, PE
City Engineer
From: SUNSHINE <sunshinerpv@aol.com>
Sent: Wednesday, August 26, 2020 4:58 PM
To: Ron Dragoo <RonD@rpvca.gov>
Subject: Re: TEMPORARY PARKING PROHIBITION ALONG CRENSHAW BLVD. SOUTH OF CREST RD.
Hey Ron,
5
If you haven't got the balls to put your name and direct phone number on a list serve notice, the least
you should do is direct the public to a real person . Rude email to follow .... S
In a message dated 8/26/2020 4:18:10 PM Pacific Standard Time, listserv@civicplus .com writes:
View this in your browser
On August 18, 2020, the City Council in considering measures to mitigate traffic impacts
surrounding the residences in the area of Del Cerro Park and the Portuguese Bend
Reserve moved to, among other things, to temporarily prohibit parking along Crenshaw
Blvd south of Crest Rd. for an initial period of 60 days. On September 1, the City Council
will consider adopting a resolution to formalize thi s motion which will go into effect on
September 2, 2020.
Click here to view the September 1, 2020 City Council Staff Report
https ://rpv .granicus .com/MetaViewer .php?view id =5&event id=1672&meta id =85745
For questions or comments , please contact Public Works at 310 -544 -5252 or publicworks@rpvca .gov . Thank you !
*************************************************
This message is been sent by the City of Rancho Palos Verdes as part of a "Notify Me" Listserve category you are signed
up for . Please do not press "reply" when responding to this message , it is an unmonitored email address . You can make
changes to your subscript ion by visiting http ://www.rpvca .gov/list.aspx.
You are receiving this message because you are subscribed to Breaking News
on www.rpvca.gov . To unsubscribe, click the following link:
Unsubscribe
6
From:
Sent:
To:
Subject:
Late corr
Teresa Takaoka
Monday, August 31, 2020 2:59 PM
CityCierk
FW: 9-01-20 Consent Calendar Item D
From: jeanlongacre@aol.com <jeanlongacre@aol.com>
Sent: Monday, August 31, 2020 2:54PM
To: CC <CC@rpvca.gov>
Subject: 9-01-20 Consent Calendar Item D
Dear City Council,
I am opposed to renewing the contract with Ardurra for on-call engineering Services. Personally, I have found it difficult to
communicate with their project manager, Bob Merrel,
The staff report states that the PVDE Safety Project has been temporarily suspended pending approval of the contract
with Ardurra because of Mr. Merrel's knowledge of the project. Surely there are other engineering companies who could
handle the project, maybe even one with their head office in California.
Sincerely,
Jean Longacre
6 Martingale Dr.
Rancho Palos Verdes, CA 90275
31 0-544-01 05
CC: City Clerk
City Manager
D.
From:
Sent:
To:
Subject:
From: Cheri Bailiff
Cheri Bailiff
Thursday, August 27, 2020 5:18 PM
CityCierk
FW: Public Comment, City Council Meeting, Sept 1, Consent Agenda, Item C
Sent: Thursday, August 27, 2020 11:53 AM
To: 'BRIAN WHITTEN' <brianwhitten1965@msn.com>; PublicWorks <PublicWorks@rpvca.gov>
Subject: RE: Public Comment, City Council Meeting, Sept 1, Consent Agenda, Item C
Thank you for the email. This will be included as late correspondence for the September 1, 2020 City Council
meeting.
From: BRIAN WHITTEN <brianwhitten1965@msn.com>
Sent: Thursday, August 27, 2020 11:48 AM
To: Cheri Bailiff <Cherib@rpvca.gov>; PublicWorks <PublicWorks@rpvca.gov>
Subject: Public Comment, City Council Meeting, Sept 1, Consent Agenda, Item C
I opposed the City's plan to spend $50K to build an 8ft black iron gate and fence at the Burma Road
Trailhead. Is after-hour use of the Preserve really a problem? I doubt it. Even it were a problem, an ugly fence
will not solve it. The fence will be an eyesore, a maintenance problem, and it wont keep people out of the
Preserve.
c.
From:
Sent:
To:
Cc:
Subject:
Hello Ms. Mclaughlin,
Katie Lozano
Thursday, August 27, 2020 6:05AM
Donna Mclaughlin
CityCierk
RE: parking near Del Cerro
Thank you for your email. I have shared it with the project management team for inclusion of our analysis of parking
solutions near the Portuguese Bend and Filiorum Reserve trail heads. I recommend calling the LA County Sheriff Lomita
Station non-emergency line at 310-539-1661. They are the primary agency responsible for parking enforcement in the
City. I would also recommend calling the Preserve Info and Reporting Line (310-541-5775). This line goes directly to our
Park Rangers who cite for vehicles illegally parked as they enter the Preserve for their patrol. In some cases, they may
be able to get there faster.
Thank you,
Katie Lozano
Senior Administrative Analyst/Open Space Manager Recreation and Parks Department City of Rancho Palos Verdes
310-544-5267
katiel@rpvca.gov
City Hall is open to the public during regular business hours. To help prevent the spread of COVID-19, visitors are
required to wear face coverings and adhere to physical distancing guidelines. Some employees are working on rotation
and may be working remotely. If you need to visit City Hall, please schedule an appointment in advance by calling the
appropriate department and follow all posted directions during your visit. Walk-ups are limited to one person at a time.
Please note that our response to your inquiry could be delayed. For a list of department phone numbers, visit the Staff
Directory on the City website.
-----Origina I Message-----
From: Donna Mclaughlin <ddmclaughlin@cox.net>
Sent: Wednesday, August 26, 2020 9:04 PM
To: Trails <trails@rpvca.gov>
Subject: parking near Del Cerro
I am a frequent hiker at Del Cerro. I am a resident of RPV and have been hiking Portuguese Bend Preserve for over 20
years. Parking for residents has been taken away on Crenshaw and the parking on Park Place (for those of us that have
taken the time to get parking permits)
is sometimes full as people with NO permits are parking there. This small parking area
is limited and those of us with permits cannot find parking there sometimes. Is there a phone number to call to report
violators? Or, do we just call the Sheriff?
I would also like to request that some parking spots on Crenshaw be put back for residents with permits (with the black
and white striped lane). Residents that frequent the hiking trails at Portuguese Bend Preserve need more spots to park
in.
Thank you.
Donna Mclaughlin
310/3 77-1620
RPV resident
2
-
From:
Sent:
To:
Cc:
Subject:
Hello Mr. Whitten,
Katie Lo zano
Thursday, August 27, 2020 10 :5 0 AM
brianwhitten 1965 @msn.com
CC; CityCierk
FW: Public Comment, City Council Meeting , Sept 1, Consent Item E
Thank you for your email. While the 1,400-acre Palos Verdes Nature Preserve is open to all of the public, the key issue
the City is trying to address is the concentration of visitors (and resulting traffic) in one specific location : Crenshaw Blvd .,
south of Crest Rd. This location is the only parking and access area for the City's most popular of the 12 Nature Reserve
properties : the Portuguese Bend Reserve . This area is also the primary access point for the Fi liorum Reserve and Del
Cerro Park . When the City created t he Preserve, it never anticipated its current level of use . Use and popularity have
increased exponentially due to social media, and more recently, after LA County lifted Covid-19 -related trail closure
orders . The Portuguese Bend and Filiorum Reserve see more than 240,000 visitors annually, and as a parking and
staging area, was never designed to hand le this level of use . This is creating severe impacts to the residential
neighborhoods l iterally surrounding the parking ar ea.
During the 60-day parking prohibition, parking for the Portuguese Bend Reserve would continue to be available on
Crenshaw Blvd . north of Crest Rd., and staff has been directed to return to City Council at the end of the 60-day period
with longer term solutions for this area . Parking for the Palos Verdes Nature Preserve also exists at the other eleven
reserve properties (links to trail maps below). An effort the City is engaged in, is recommending the public visit Nature
Preserve properties that have dedicated parking areas and amenities suited for larger crowds, such as the Alta Vicente
Reserve at the Civic Center. Unfortunately, and largely due to social media, the public views the Portuguese Bend
Reserve as the front door to the larger 1,400-acre Preserve, and is not aware of most of the other eleven reserve
properties, including Alta Vicente with its trails, active habitat restoration areas, coastal views, and linkages to two
adjacent Reserves and parks. Please feel free to reach out to me directly if I can provide any additional information .
http://www. rpvca .gov /1148/Nature-Reserve-1 nformation-Traii-Ma ps
Thank you,
Katie Lozano
Sen ior Administrative Analyst/Open Space Manager
Recreation and Parks Department
City of Rancho Palos Verdes
310-544-5267
katie I@ r pvc a .gov
City Hall is open to the public during regular business hours . To help prevent the spread of COVID -19, visitors
are required to wear face coverings and adhere to physical distancing guidelines. Some employees are working
on rotation and may be working remotely. If you need to visit City Hall, please schedule an appointment in
advance by calling the appropriate department and follow all posted directions during your visit. Walk -ups are
limited to one person at a time. Please note that our response to your inquiry could be delayed. For a list of
department phone numbers, visit the Staff Di rectory on the City website.
t .
From: BRIAN WHITIEN <brianwhitten1965@msn.com>
Sent: Thursday, August 27, 2020 9:46AM
To: CC <CC@rpvca.gov>
Subject: Public Comment, City Council Meeting, Sept 1, Consent Item E
I disagree with the City's plan to ban all parking on Crenshaw Blvd south of Crest Road.
I live nearby and have been visiting Del Cerro Park and the trails in the Preserve for more than 20 years. I'm fortunate
enough to be able to walk to the Preserve. Yes, more and more people are visiting the Preserve. Good for them! It's open to
the public and Crenshaw Blvd offers convenient parking that is NOT inside anybody's neighborhood.
Let's remember that the Preserve was funding mostly by State funds and that the Preserve is there for ALL the public to
enjoy. not just those of us fortunate to live nearby.
Based upon my personal observations over the years. I believe the complaints of traffic/noise/trash are exaggerated. It
seems to me that some local residents want to keep "outsiders" from visiting the Preserve via the Burma Road. This is
selfish and wrong. There is no problem with people parking on Crenshaw south of Crest. The Road is wide enough to
accommodate street parking. Pushing people to park farther away is just a way to inconvenience them in an effort to deter
them tl·om coming.
The effort to get visitors to park at City Hall is also unreasonable and misguided. People don't want to walk on the trails
around City Hall. They want to walk on the Burma Trail. They should be able to continue to park safely on Crenshaw Blvd.
This is really just an effort driven by local residents to keep non-residents away.
Sincerely,
Brian Whitten
2
From:
Sent:
To:
Subject:
Late carr
Teresa Takaoka
Wednesday, August 26, 2020 1:31 PM
CityCierk
FW: Parking Restriction on Crenshaw S of Crest
From: Tom Chargaff <tombarchar@gmail.com>
Sent: Wednesday, August 26, 2020 1:25PM
To: CC <CC@rpvca.gov>
Subject: Parking Restriction on Crenshaw S of Crest
Honorable Mayor & Council Members,
We support the adoption of temporary (or not so temporary) restriction of parking along
Crenshaw Boulevard south of Crest which you will be considering at your meeting on
September 1st.
Thank you.
Thomas & Barbara Chargaff
31267 Ganado Drive
RPV
From:
Sent:
To:
Cc:
Subject:
Mr. Mihranian ,
Tom Iris h <tgirish@aol.com >
Monday, August 31 , 2020 2:16PM
Ara Mihranian; John Cru i kshank; Eric A legria; David Brad ley; Ken Dyda; Barbara Ferraro
CityC ierk
RE: Extremely Dangerous Parking Proposal
Confirming receipt of your response. I fear you are creating a truly great hazard this Labor Day
weekend. Movies closed , indoor dining closed , sports events closed , very hot temperatures forecast --large
numbers of hikers are likely to be out next weekend , and this parking relocation after decades of parking south
of Crest wi ll be a mess. I wou ld postpone this temporary action if I were the Council. Sure seems like a recipe
for disaster that could be easily ave1ied .
Tom
--------Original message --------
From: Ara Mihranian <AraM @ rpvca .gov>
Date : 8/31/20 1:13PM (GMT-08 :00)
To: "'tgirish @ aol.com"' <tgirish @aol.com>, John Cruikshank <John.Cruikshank@ rpvca .gov >, Eric Alegria
<Eric.Alegria@ rpvca.gov >, David Bradley <david.brad ley @rpvca.gov >, Ken Dyda <Ken .Dyda@rpvca.gov>,
Barbara Ferraro <barbara.ferraro @ rpvca.gov>
Cc: CityC lerk <CityC lerk@rpvca.gov >
Subject: RE: Extremely Dangerous Parking Proposal
Mr. Irish,
The City is in receipt of your email and thank you for taking the time to share your concerns with
parking on Crenshaw Blvd . north of Crest Road.
You raise some legitimate concerns that I have asked the City engineers to look into.
The parking prohibition on Crenshaw Blvd . south of Crest Road is temporary (60 days) while the City
explores a parking program for this stretch of the roadway .
This matter is tentatively scheduled to be considered by the City Council on October 20 .
Ara
Ara Michael Mihranian
1
E.
City Manager
C ITY OF
30940 Hawthorne Blvd.
Rancho Palos Verdes , CA 90275
31 0 -544-5202 (telephone)
31 0-544-5293 (fax)
aram@rpvca .gov
www .rpvca.gov
J"J Do you really need to print this e-mail?
Th1s e-mail message conta1ns information belonging to the City of Rancho Palos Verdes, which may be privileged, confidential and/or protected from
disclosure. The information is Intended only for use of the Individual or entity named. Unauthorized dissemination, distribution, or copying is strictly prohibited. If
you received this email in ermr, or are not an intended recipient, please notify the sender Immediately. Thank you for your assistance and cooperation.
From: tgirish@aol.com <tgirish@aol.com>
Sent: Monday, August 31, 2020 9:22AM
To: John Cruikshank <John .Cruikshank@rpvca .gov>; Eric Alegria <Eric.Aiegria@rpvca .gov>; David Brad ley
<david.bradley@rpvca.gov>; Ken Dyda <Ken .Dyda@rpvca .gov >; Barbara Ferraro <barbara .ferraro@rpvca .gov>
Cc: Ara Mihranian <AraM@rpvca.gov>
Subject: Extremely Dangerous Parking Proposal
2
City Council Members:
As a longtime RPV resident, I am writing to express my concern about the hazardous conditions presented by the pending
change to parking on Crenshaw Boulevard near Crest Road. I have lived in this neighborhood for over 25 years, and I
truly believe that what is being proposed will create an extremely dangerous condition --one that will put lives at danger.
The proposed change will move parking on Crenshaw north of Crest Road, rather than allowing it south of Crest Road
(which is currently permitted). That creates an extraordinarily dangerous condition for the following reasons:
-The portion of Crenshaw Boulevard to which parking is being redirected is a northbound two-lane road with a 45-MPH
speed limit, fairly steep grade, limited vision due to the S-curve configuration, and a much drive area than south of Crest.
-The initial portion of the road has a metal barrier which will make it nearly impossible for occupants of vehicles to exit the
passenger's side. Even if they can, they will then need to climb over this barrier to get to the sidewalk.
-Since getting out of the passenger's side is difficult, this will force many people (in addition to the drivers) to exit on the
driver's side--right into the two-lane, narrow, downhill, S-curved, heavily trafficked street. Many of the people parking in
this area are going to Del Cerro Park or Burma Road trails, accompanied by children and/or dogs, often with
strollers. This change puts them into direct danger from vehicles speeding down Crenshaw.
-While conditions are currently unusual due to COVID, this change becomes even more hazardous once conditions begin
to normalize. The Crest/Crenshaw intersection is highly-trafficked under normal conditions. Due to its proximity to
Ridgecrest Intermediate and Peninsula High Schools, the intersection is very busy in the mornings--when many people
may be parking on Crenshaw to go to the park or trails. Again, this creates a potentially deadly combination: People
making U-turns on Crenshaw (as currently directed to do so via the parking signs), exiting their vehicles on the driver's
side, with an abundance of cars--including many driven by new, teenage drivers, rushing off to school --racing
immediately alongside them.
-Similarly, Sunday is a busy day for park and trail users. A similar condition will exist when parishioners from St. John
Fisher are exiting mass on Sunday mornings when the people are exiting their vehicles on the driver's side down this
narrow, curvy, sloped, visually-impaired street.
In summary, I don't know if a more hazardous change could be proposed for this area, and worry first about the safety of
drivers/pedestrians, but also about the City's liability for creating this potentially deadly condition. I strongly urge you to
reconsider this issue, and am happy to meet you at the location to show you my concerns. I am not an activist--just a
highly-concerned, longtime resident who wants to prevent a tragedy from occurring. I implore you to postpone this
change and keep your residents and visitors safe.
Respectfully,
3
Tom Irish
6002 Ocean Terrace Drive
Rancho Palos Verdes
4
From:
Sent:
To:
Cheri Bailiff on behalf of Phone-PW-Main
Monday, August 31, 2020 12:31 PM
CityCierk
Subject: FW: Abrupt Closure of Crenshaw Blvd. to Parking-Late Correspondence
From: jtfives@ca.rr.com <jtfives@ca.rr.com>
Sent: Monday, August 31, 2020 12:24 PM
To: PublicWorks <PublicWorks@rpvca.gov>
Cc: Trails <trails@rpvca.gov>
Subject: Abrupt Closure of Crenshaw Blvd. to Parking
Although I have been a trail watch volunteer with the Palos Verdes Peninsula Land Conservancy for the past
2 1/2 years, I am writing this as an individual. Last Wednesday, August 26, I had just completed a two-hour trail
watch hike up and down the steep trails of the Three Sisters Reserve. I decided to drive to the trailheads for
Rattlesnake Canyon and Portuguese Bend to check them out. Much to my dismay as soon as I had turned south
onto Crenshaw from Crest Dr. I encountered a traffic trailer flashing the warning that as of September 1 RPV
was painting the curb red and prohibiting parking. I must have missed that issue on the city council agenda
because this was the first I had heard of it. I had not seen any notices or requests for public input before your
taking such arbitrary and abrupt action to keep the public out of the area.
During the past 2 1/2 years I have hiked these trails frequently on behalf of the PVPLC and RVP to monitor
trail conditions, assess erosion damage, report vandalism, assist the public, and lead visitors on excursions.
During the lengthy shutdown this spring, I walked this area in the rain, fog, and now heat on the paved streets to
check the security of the trail closures. Each time I parked legally on Crenshaw Blvd. Now I risk my vehicle
being impounded and towed away for trying to access the nature reserves.
During this time I was operating under the naive assumption that I was doing some good for both RVP and
the PVPLC. Now I realize that I was actually wasting my time if the public, and I, are barred from accessing
the nature reserves. Am I supposed to park illegally in the Peninsula Center's parking structure and hike a mile
up Crenshaw Blvd. to the !railheads? The steepest part of Crenshaw Blvd. lacks a sidewalk and exposes a
pedestrian to speeding cars. It is not safe for an able-·bodied hiker let alone for the elderly, children, or those
with disabilities. What happened to the Americans with Disabilities Act?
I am appalled that you people would act so abruptly without public input.
J. Timothy Fives
1
From:
Sent:
To:
Subject:
Follow Up Flag:
Flag Status:
Cheri Bailiff
Monday, August 31, 2020 7:41 AM
CityCierk
FW: Del Cerro Park/Portuguese Bend Reserve-Late correspondence
Follow up
Completed
From: sharondyer3 <sharondyer3@gmail.com>
Sent: Friday, August 28, 2020 4:54 PM
To: PublicWorks <PublicWorks@rpvca.gov>
Subject: Del Cerro Park/Portuguese Bend Reserve
Public Input for the 9/1/2020 RPV City Council Meeting:
I was surprised and saddened to learn the City Council is once again contemplating taking additional measures to further
restrict public access to the reserve. We are frequent visitors of the area, which we have enjoyed over the years and
always treated with respect and gratitude.
When the City previously decided to prohibit visitor parking in Del Cerro parking lot the timing was on the heels of the Super
Bloom which had brought in an unprecedented number of visitors. The area made front page news and attracted huge tour
buses. It was understandable that the local residents were upset. But sadly decisions were made based these abnormal
conditions. Once the bloom died off and the swarms of tourists evaporated we have watched the parking lot sitting virtually
empty every time we have come to enjoy the trails.
I encourage the City Council to further study the wasteful parking results of the first round of restrictions at Del Cerro before
contemplating fmiher restrictive measures to prohibit the public from enjoying this beautiful area.
Cordially,
Sharon Dyer
(.
From:
Sent:
To:
Cheri Bailiff
Monday, August 31, 2020 7:42 AM
CityCierk
Subject: FW: TEMPORARY PARKING PROHIBITION ALONG CRENSHAW BLVD. SOUTH OF CREST
RD.Late Correspondence
Attachments: TEMPORARY PARKING PROHIBITION ALONG CRENSHAW BLVD. SOUTH OF CREST RD.
Importance:
Follow Up Flag:
Flag Status:
High
Follow up
Completed
From: varnerpv@gmail.com <varnerpv@gmail.com>
Sent: Saturday, August 29, 2020 11:07 AM
To: PublicWorks <PublicWorks@rpvca.gov>
Cc: 'Linda Varner' <varnerpv@gmail.com>
Subject: TEMPORARY PARKING PROHIBITION ALONG CRENSHAW BLVD. SOUTH OF CREST RD.
Importance: High
As a long-time resident of Rancho Palos Verdes and also as a multi-year volunteer for the Palos
Verdes Peninsula Land Conservancy, I am surprised and saddened by the very irresponsible
and rash action that you have taken to temporarily prohibit parking along Crenshaw Blvd
south of Crest Rd. for an initial period of 60 days.
The current surge of hikers and walkers is obviously due to the restrictions on people's social
actions during the current COVID-19 pandemic. Everyone's options regarding outdoor
activities are very limited. Thus, the increased foot traffic throughout the preserve and in Del
Cerro Park. The crowds will virtually disappear once COVID is no longer the threat it is today.
Meanwhile, the "KIND" thing to do-as well as the ethically and morally "RIGHT" thing to do is
allow people access to the open spaces, so they have a wholesome outlet.
I will be seeking legal advice regarding the legality of your current parking prohibitions.
Dr. Linda L. Varner
1
(.
From:
Sent:
To:
Subject:
Follow Up Flag:
Flag Status:
Cheri Bailiff
Monday, August 31, 2020 7:50 AM
CityCierk
FW: Restrictions on Parking at Del Cerro park
Follow up
Completed
From: Diane Yowell Montalto <rondiane@earthlink.net>
Sent: Sunday, August 30, 2020 12:37 PM
To: PublicWorks <PublicWorks@rpvca.gov>
Cc: rmontalto@earthlink.net
Subject: Restrictions on Parking at Del Cerro park
To: RPV Public Works
I was informed by a fellow resident that RPV is planning to temporarily restrict parking for Del Cerro Park in order to
study "traffic mitigation". I cannot find anything on the RPV website about this, but am writing to express my
opposition to any move that would further restrict the public's enjoyment of the PV Land Conservancy Preserve.
The residents near Del Cerro are understandably concerned with traffic near their homes but that concern seemed to
have been handled well by restricting visitors to parking on Crenshaw? Are more restrictions beyond this being
considered? What is the issue?
I live in Rolling Hills and am not affected by parking and traffic around Del Cerro. But I strongly believe that this preserve
should be open and easily accessible to non-PVP residents. I spend a lot of time hiking in the preserve and seeing more
people enjoy this space has been a pleasure.
These are difficult times for many people and spending time in nature is a healthy outlet for frustration.
Please let me know where I can find more information about any upcoming restrictions on parking and access to the
Preserve.
Sincerely
Diane Montalto
From: Cheri Bailiff
Sent:
To:
Monday, August 31, 2020 7:51AM
CityCierk
Subject:
Follow Up Flag:
Flag Status:
FW: Parking at Del Cerro
Follow up
Completed
From: miguel castaneda <mev.castaneda@gmail.com>
Sent: Sunday, August 30, 2020 3:43 PM
To: PublicWorks <PublicWorks@rpvca.gov>
Subject: Parking at Del Cerro
I disagree with no allowing parking at Del Cerro park (crenshew). I think the public should have reasonable
means to access public parks. Not just the people who live close by. Just like any other park in California.
Miguel Castaneda.
1
From: Cheri Bailiff
Sent:
To:
Monday, August 31, 2020 7:51 AM
CityCierk
Subject: FW: Parking near Del Cerro
Follow Up Flag:
Flag Status:
Follow up
Completed
From: Sharon Benton <s@bentonclan.com>
Sent: Sunday, August 30, 2020 8:05 PM
To: PublicWorks <PublicWorks@rpvca.gov>
Subject: Parking near Del Cerro
Hello,
I am a resident of Palos Verdes and I completely disagree with the new ordinance that does not allow people to park
along the top of Crenshaw to use the public trails. This is not going to stop people from using the trails. In my opinion,
this is going to cause people to park further down Crenshaw or onto Crest or in the Church parking. People are still going
to walk to hike the trails which are for public use. This will only move people into neighborhoods to park their cars.
Unless the trails are private property, which they are not, the neighbors don't have a right to regulate who uses them.
Especially when it is preventing the local residents from using them as well as anyone else. I have been hiking that trail
since I moved here 20 years ago. My sons have used those trails for local boy scout hikes and orienteering merit badges.
The parking lot below at the (public) park has already been restricted to residents ofthe area. The area down Crenshaw
Blvd that is now going to be restricted does not belong to the homes and the people that live in the surrounding
neighborhoods. How is it ok to allow a small group of RPV residents to dictate where the rest of PV is allowed to park for
a public trail?
This parking ordinance is very disappointing.
Please consider allowing the public to continue to use the trails. Especially during this time when people are desperate
to find outdoor exercise and enjoyment.
Thank you for your attention to this matter.
Sharon
THE AGENCY
A Globallv1arketing and Sales 01ganization
SHARON UMANSKY BENTON
Estates Agent
t: +1 424 400 59431 m: 310 383 5455
TheAgencyRE.com
CaiBRE# 02021318
1
From:
Sent:
To:
Subject:
Follow Up Flag:
Flag Status:
Cheri Bailiff
Monday, August 31, 2020 7:51AM
CityCierk
FW: Disagree with Eliminating Parking at Del Cerro
Follow up
Completed
From: Jacqueline Morley <jackie.morleyS@gmail.com>
Sent: Sunday, August 30, 2020 8:24PM
To: PublicWorks <PublicWorks@rpvca.gov>
Subject: Disagree with Eliminating Parking at Del Cerro
I am respectfully requesting that you review your proposed policy to eliminate parking at Del
Cerro. These are public trails and public streets. We should all be allowed to use them. I believe
all relevant laws can still be adequately enforced .... everyone should stay off of private property,
drive carefully and within the speed limits, and not play loud music. Hoiwever, I reiterate these
are public trails and public streets. I grew up in RPV, my extended family lives in RPV, and many
friends live in RPV. We all agree .... keep the parking available to the extended community. These
trails are important for the mental and physical health of your residents and you should not deter
people who do not live in this particular block/neighborhood from trying to use them.
Thanks for your consideration.
Jackie Morley
From: Cheri Bailiff
Sent:
To:
Monday, August 31, 2020 7:52 AM
CityCierk
Subject: FW: Die cerro parking-Late Correspondence
Follow Up Flag:
Flag Status:
Follow up
Completed
From: Frank Sanic <rusty2all@gmail.com>
Sent: Monday, August 31, 2020 5:33AM
To: PublicWorks <PublicWorks@rpvca.gov>
Subject: Die cerro parking
Hiwe just like you to know that we been using this traial for years, families been using trails for a good time, we
please ask you to assign new parking if u need to close the one on Crenshaw, we need more parking not less, so
please take this under consideration. Thank you
1
From:
Sent:
To:
Subject:
Follow Up Flag:
Flag Status:
Cheri Bailiff
Monday, August 31, 2020 7:53AM
CityCierk
FW: Del Cerro access/parking
Follow up
Completed
From: Teri Hogan <thogan401@gmail.com>
Sent: Monday, August 31, 2020 6:47AM
To: PublicWorks <PublicWorks@rpvca.gov>
Subject: Del Cerro access/parking
I am a 15 year resident of PVE and frequent user of the trails near Del Cerro Park, I am appalled to learn about the
upcoming parking prohibition. I live in Lunada Bay where currently we are working on a beautification project to encourage
people to come and enjoy the surrounding beauty.
The residents near the Del Cerro Park do not own the park or the trails. Trying to keep people away by making the
parking harder will not work, It will only make for more congestion and more traffic.
Rather than continuing to reduce access to this beautiful PUBLIC space, you should explore ways to increase parking.
Head in parking on the wide street and more parking in the park itself are a couple of ideas.
As for the permit issue, why do residents get a FREE permit to park on public property in the first place? A free permit to
park on property that the residents don't even maintain? The people who donate to the Palos Verdes Peninsula Land
Conservancy pay to maintain this land. These are the very people you are trying to keep out. I donate to the PVPLA. I am
incensed and I say shame on you
The Palos Verdes Peninsula Land Conservancy purchased the land for the Portuguese Bend Preserve? Many residents
of the hill, not just those who live in RPV, donated money, time, and expertise to create an "open space for all".
It is our responsibility to allow access to the public space within our communitys and there is ample space for parking and
shared use.
Teri Hogan
1
[.
From:
Sent:
To:
Subject:
Follow Up Flag:
Flag Status:
-----Original Message-----
Cheri Bailiff
Monday, August 31, 2020 7:57 AM
CityCie1·k
FW: That's just not right!
Follow up
Completed
From: Karen E <dnkew@yahoo.com>
Sent: Sunday, August 30, 2020 9:17PM
To: PublicWorks <PublicWorks@rpvca.gov>
Subject: That's just not right!
I am writing to you to share my deep concern at the upcoming changes in parking near Del Cerro Park. It seems so
incredibly unjust to limit access to this beautiful spot in this way. You are effectively making it so people have to park at
least a 1/2 mile away to spend time here--never mind that with the number of visitors, there could effectively be no
available parking.
I live in the beach cities. Can you imagine the beach cities limiting parking such that people could not park within a 1/2
mile of the beach ... thereby effectively limiting it to those residents wealthy enough to live there? That would be
disgusting, right? You are doing just that.
It isn't right.
Karen
From:
Sent:
To:
Subject:
-----Origi na I Message-----
From: Cheri Bailiff
Cheri Bailiff
Thursday, August 27, 2020 5:18 PM
CityCierk
FW: Restricting parking on Crenshaw
Sent: Thursday, August 27, 2020 1:27 PM
To: 'Carrie Fernandez' <carrfer@cox.net>; PublicWorks <PublicWorks@rpvca.gov>
Subject: RE: Restricting parking on Crenshaw
Thank you for the email. This will be included as late correspondence for the September 1, 2020 City Council meeting.
-----Original Message-----
From: Carrie Fernandez <carrfer@cox.net>
Sent: Thursday, August 27, 2020 1:16 PM
To: PublicWorks <PublicWorks@rpvca.gov>
Subject: Restricting parking on Crenshaw
Hello,
We are residents of Island View and our entrance/exit is located on Crenshaw, south of Crest. There has been a steady
increase in vehicle & foot traffic along Crenshaw. On the weekends, the car & pedestrian traffic is so severe that it is very
difficult to get in and out of our neighborhood. This makes it dangerous for residents & visitors.
Due to safety & traffic congestion, parking should be restricted along Crenshaw. Especially next to St. John Fisher Church
because it is so narrow there. On busy visitor days, people are blocking the street trying to park & to get in and out of
their cars. Visitor parking should not have a negative impact on our community. Parking should be available elsewhere &
directed away from neighborhoods. A solution would be to offer parking within the Nature Preserve such as the open lot
on PVD South (Gateway Park).
Thank you for your time.
Sincerely,
Marc & Carrie Fernandez
Sent from my iPad
(.
From: Cheri Ba iliff
Sent:
To:
Thursday, August 27, 2020 5:17 PM
CityC ierk
Subject: FW: Public Comment, City Counci l Meeting, Sept 1, Consent It em E
From: Cheri Bailiff
Sent: Thursday, August 27, 2020 9:50AM
To: 'BRIAN WHITIEN' <brianwhitten1965@msn .com>
Subject: RE: Public Comment, City Council Meeting, Sept 1, Consent Item E
Thank you for the email. This will be included as late correspondence for the September 1, 2020 City Council
meeting.
From: BR IAN WHITIEN <brianwhitten1965@msn .com >
Sent: Thursday, August 27, 2020 9:48AM
To: PublicWorks <PublicWorks@rpvca .gov >
Subject: Public Comment, City Counci l Meeting, Sept 1, Consent Item E
Good Morning,
I disagree with the City's plan to ban all parking on Crenshaw Blvd south of Crest Road .
I live nearby and have been visiting Del Cerro Park and the trails in the Preserve for more than 20 years. I'm fortunate
enough to be able to walk to the Preserve . Yes, more and more people are visiting the Preserve . Good for them! It's open
to the public and Crenshaw Blvd offers convenient parking that is NOT inside anybody's neighborhood.
Let's remember that the Preserve was funding mostly by State funds and that the Preserve is there for ALL the public to
enjoy, not just those of us fortunate to live nearby.
Based upon my personal observations over the years, I believe the complaints of traffic/noise/trash are exaggerated. It
seems to me that some local residents want to keep "outsiders" from visiting the Preserve via the Burma Road. This is
selfish and wrong. There is no problem with people parking on Crenshaw south of Crest. The Road is wide enough to
accommodate street parking. Pushing people to park farther away is just a way to inconvenience them in an effort to
deter them from coming.
The effort to get visitors to park at City Hall is also unreasonable and misguided. People don't want to walk on the trails
around City Hall. They want to walk on the Burma Trail. They should be able to continue to park safely on Crenshaw Blvd.
This is really just an effort driven by local residents to keep non -residents away.
Sincerely,
1
E.
Brian Whitten
2
From:
Sent:
To:
Subject:
-----Original Message-----
Cheri Bailiff
Thursday, August 27, 2020 5:17 PM
CityCierk
FW: Parking south of Crest
From: Becky Martin <BeckyM@rpvca.gov>
Sent: Wednesday, August 26, 2020 6:03PM
To: Marian Locascio <kSkkt@aol.com>; PublicWorks <PublicWorks@rpvca.gov>
Subject: RE: Parking south of Crest
Thank you for the email. This will be included as late correspondence for the September 1, 2020 City Council meeting.
-----Original Message-----
From: Marian Locascio <kSkkt@aol.com>
Sent: Wednesday, August 26, 2020 1:25 PM
To: PublicWorks <PublicWorks@rpvca.gov>
Subject: Parking south of Crest
Regarding your request for comments on restricting parking South of Crest, I don't really have any comments. The cars
parked there don't really bother me. What really does bother me is all the trash being left strewn around Del Cerro Park.
I walk there a lot and despite the available trash cans, there are always bottles, cans and other trash all over. People are
pigs. If Park users were respectful! would welcome them and their desire for outdoor activity. If we have littering laws
they need to be displayed and enforced.
Regards
Marian Locascio RPV
Sent from my iPad
1 t.
From: Cheri Bailiff
Sent:
To:
Thursday, August 27, 2020 5:16PM
CityCierk
Subject: FW: Regarding parking on Crenshaw
-----Original Message-----
From: Becky Martin <BeckyM@rpvca.gov>
Sent: Wednesday, August 26, 2020 6:04PM
To: Kurt Schellenbach <disklxik_kurts@yahoo.com>; PublicWorks <PublicWorks@rpvca.gov>
Subject: RE: Regarding parking on Crenshaw
Thank you for the email. This will be included as late correspondence for the September 1, 2020 City Council meeting.
-----Original Message-----
From: Kurt Schellenbach <disklxik_kurts@yahoo.com>
Sent: Wednesday, August 26, 2020 12:40 PM
To: PublicWorks <PublicWorks@rpvca.gov>
Subject: Regarding parking on Crenshaw
South of Crest road ...
I've suspected for a long time now that the city would consider restricting parking on Crenshaw to ebb the flow of hikers
in the reserve areas. This is a lazy solution to the "NIMBY" mentality some residents might have towards the
"undesirables" who hike in the reserve. If you decide to restrict parking, how about offering the non-resident hikers who
often use and care for the reserves a non-resident parking permit they can register and pay for? The fees could help with
the maintenance ofthe area.
Who else can I bring this suggestion up to?
Kurt Schellenbach
310-245-8280
Sent from my iPhone
1
From: Cheri Bailiff
Sent:
To:
Thursday, August 27, 2020 5:16PM
CityCierk
Subject: FW: parking near Del Cerro
-----Origina I Message-----
From: Becky Martin <BeckyM@rpvca.gov>
Sent: Thursday, August 27, 2020 7:22AM
To: Donna Mclaughlin <ddmclaughlin@cox.net>; PublicWorks <PublicWorks@rpvca.gov>
Subject: RE: parking near Del Cerro
Thank you for the email. This will be included as late correspondence for the September 1, 2020 City Council meeting.
-----Original Message-----
From: Donna Mclaughlin <ddmclaughlin@cox.net>
Sent: Wednesday, August 26, 2020 8:18 PM
To: PublicWorks <PublicWorks@rpvca.gov>
Subject: parking near Del Cerro
I am a frequent hiker at Del Cerro. I am a resident of RPV and have been hiking Portuguese Bend Preserve for over 20
years. I feel the residents of RPV should have at least some parking spaces put back on Crenshaw as they used to have
with the black and white striped curbing.
The other residents of RPV who have gone to the trouble of get parking permits have given up a lot to the Del Cerro area
neighbors, especially the three homes on Park Place.
We pay our city taxes also and have had our rights to park there taken away by a few families that live in that area. I
agree that it is a huge problem at Del Cerro recently, but other residents who hike there often should not be punished
because of the outside crowds coming to the trails. I would like to request that at least 20 spaces be painted on
Crenshaw close to Del Cerro for residents with parking permits.
Please consider taking in consideration the residents who have been hiking there for years and gone to to the trouble to
get parking permits.
The other real problem is people parking on Park Place without permits and taking up places that are designated for
permits only. There is NO ENFORCEMENT there and the people know it and park there anyway. There needs to be
monitoring and ticketing ofthe non-permitted vehicles parking there. This especially need to be done now since all the
parking on Crenshaw south of Crest will be taken away.
Thank you.
Donna Mclaughlin
310/3 77-1620
RPV resident
(Will also send this email to trails@rpvca.gov)
1
From:
Sent:
To:
Subject:
Cheri Bai liff
Thursday, August 27, 2020 5:15 PM
CityCierk
FW: Restricted Parking
From: Marcia Watanabe <marcia lwatanabe@gmail.com>
Sent: Thursday, August 27, 2020 10:59 AM
To: Becky Martin <Beck yM@rpvca.gov>
Cc: PublicWorks <PublicWorks@rpvca.gov>
Subject: Re: Restricted Parking
Thank you for the information.
On Wed , Aug 26, 2020 at 5:58PM Becky Martin <BeckyM@rpvca.gov> wrote:
Thank you for your email, please click on the date below. This will be the link to the City Council Agenda Item from the
August 18 , 2020 .
From: Marcia Watanabe <marcialwatanabe@gmail.com>
Sent: Wednesday, August 26, 2020 5:19PM
To: PublicWorks <PublicWorks@rpvca .gov>
Subject: Restricted Parking
I am a resident of RPV and have a parking pass for Del Cerro Park.
My question is , what is the plan for parking for those who don't have a parking pass. Are the city and it's
nearby residents hoping to restrict access to the hiking trails? Seems like that's something that's not being well
thought out at this point. Restricting parking for 60 days doesn't seem reasonable. Please come up with a
solution that a llow s visitors to walk/explore/hike the trails.
What is the plan?
Thank you,
Marcia Watanabe
2
From:
Sent:
To:
Subject:
-----Origi na I Message-----
Cheri Bailiff on behalf of Phone-PW-Main
Friday, August 28, 2020 8:40 AM
CityCierk
FW: Parking at Del Cerro -Late Correspondence
From: Laurie Smith <vnlsmith@icloud.com>
Sent: Friday, August 28, 2020 8:36AM
To: PublicWorks <PublicWorks@rpvca.gov>
Subject: Parking at Del Cerro
Dear Rancho Palos Verdes City Council,
I am writing in response to the temporary parking prohibition near Del Cerro Park.
As a 40-year resident of PVE and frequent user of the trails near Del Cerro Park, I am appalled to learn about the
upcoming parking prohibition. The parking on Crenshaw, south of Crest Road, is currently the only non-permit parking
available proximate to the park and trails. Rather than continuing to reduce access to public space, we should explore
ways to INCREASE parking, such as replacing inefficient parallel parking with "head in" spots on the wide shoulder and
adding spaces in the park by reducing some of the thirsty lawn area. Also, in my experience, the spaces reserved for
residents in the park are majority unused on weekdays and not full even on busy weekends.
It is our responsibility to allow access to the public space within our community and there is ample space for parking and
shared use. When choosing to live in an area near public lands, some traffic and congestion are a given. Caveat Emptor.
I live on PVDN so should I try to curb parking on "my" street because it's inconvenient for me at times? Particularly in
these times, we should be looking for solutions that welcome rather than discourage visitors to our outdoor spaces.
Sincerely,
Laurie Smith
1
t·
From: Cheri Bailiff
Sent:
To:
Friday, August 28, 2020 7:41 AM
CityCierk
Subject: FW: Del Cerro access/parking -Late Correspondence
From: Julie Winter <monkeyswag@yahoo.com>
Sent: Thursday, August 27, 2020 9:10 PM
To: PublicWorks <PublicWorks@rpvca.gov>
Subject: Del Cerro access/parking
As a 21-year resident of PVE, and frequent user of the trails near Del Cerro Park, I am appalled to learn about
the upcoming parking prohibition. The parking on Crenshaw, south of Crest Road, is currently the only non-
permit parking available proximate to the park and trails. Rather than continuing to reduce access to public
space, we should explore ways to INCREASE parking, such as replacing inefficient parallel parking with "head
in" spots on the wide shoulder and adding spaces in the park by reducing some of the thirsty lawn area. Also, in
my experience, the spaces reserved for "residents" in the park are unused on weekdays and not full even on
busy weekends.
I put "residents" in quotes, because as a resident of the Palos Verdes Peninsula, I logged many volunteer hours
with the Palos Verdes Peninsula Land Conservancy in the enormous effort to purchase the land for the
Portuguese Bend Preserve. Many residents of the hill, not just those who live in RPV, donated money, time, and
expertise to create an "open space for all". In fact, that is very mission statement of the PVPLC. "For all". Not
merely the residents who find themselves the beneficiary of a beautiful open space near their home, where,
without all that effort, time, and money, would have endured the traffic and density of a large housing tract,
planned where the preserve now exists. Eliminating access by eliminating parking is a slap in the face to those
who are not RPV residents, yet without whom, there would be no preserve.
When I attended a prior meeting on this issue, the ridiculous option of taking an Uber to the preserve was
suggested. Taking a $20 RT Uber with a dog at the break of day for a weekly hike? And calling another Uber
after my hike with a muddy dog? Really??
I have a framed award from the PVPLC for my "outstanding support". To think that after that support, I could
not access this space because the neighbors lucky enough to live nearby, somehow believe that now they have
ownership is outrageous. To quote the PVPLC website: "We came together to successfully resist the ever-increasing
pressures to develop privately held open space in the Portuguese Bend for all to enjoy: ourselves, our children, and many
generations to come."
It does not say, "we came together to create an open space for the few neighbors who live adjacent to the
preserve".
It is our responsibility to allow access to the public space within our community and there is ample space for
parking and shared use.
Julie Winter
1 c.
From:
Sent:
To:
Subject:
-----Origi na I Message-----
Cheri Bailiff
Friday, August 28, 2020 7:40AM
CityCierk
FW: Del Cerro parking -Late Correspondence
From: gerard melling <gpmelling@yahoo.com>
Sent: Thursday, August 27, 2020 8:26 PM
To: PublicWorks <PublicWorks@rpvca.gov>
Cc: Daniel Melling <dmelling@gmail.com>
Subject: Del Cerro parking
As a 20 year resident of RPV, frequent user of the trails near Del Cerro Park, and payer of a big property tax bill, with my
friends, I am appalled to learn about the upcoming parking prohibition. The parking on Crenshaw, south of Crest Road,
is currently the only non-permit parking available proximate to the park and trails. Rather than continuing to reduce
access to public space, we should explore ways to INCREASE parking, such as replacing inefficient parallel parking with
"head in" spots on the wide shoulder and adding spaces in the park by reducing some of the thirsty lawn area. Also, in
my experience, the spaces reserved for residents in the park are majority unused on weekdays and not full even on busy
weekends.
It is our responsibility to allow access to the public space within our community and there is ample space for parking and
shared use. When choosing to live in an area near public lands, some traffic and congestion must be expected. It's not a
private fiefdom. Particularly in these times, we should be looking for solutions that welcome rather than discourage
visitors to our outdoor spaces.
Could we please have some action to redress this situation?
Gerard Melling
26600 Menominee place
Rpv
Sent from my iPhone
From:
Sent:
To:
Subject:
Cheri Bailiff on behalf of Phone-PW-Main
Friday, August 28, 2020 12:13 PM
CityCierk
FW: Comments re proposal to prohibit Crenshaw parking south of Crest Rd. -Late
Correspondence
From: Anita & Bob Caplan <arcaplan2@gmail.com>
Sent: Friday, August 28, 2020 11:50 AM
To: PublicWorks <PublicWorks@rpvca.gov>
Subject: Comments re proposal to prohibit Crenshaw parking south of Crest Rd.
Three comments:
1. During the time of the pandemic is not a good time to restrict access to the PVPLC. Walking in the
conservancy is a safe outlet which can help alleviate depression and anxiety --and possibly suicide.
2. I am a 78-year-old resident of Redondo Beach and I walk in the Conservancy every week. I send yearly
contributions to the PVPLC. If I cannot access the Conservancy, why should I support it?
3. The interests of a few neighbors pale in comparison to the educational, health, psychological, and
environmental benefits of welcoming diverse visitors to the Conservancy. This is not a good time to restrict
access.
Thank you for your consideration.
Anita Harrison Caplan
Redondo Beach
1
From:
Sent:
To:
Subject:
Cheri Bailiff
Friday, August 28, 2020 1:44 PM
CityCierk
FW: Parking on Crenshaw south of Crest (Del Cerro Park and Reserve area) -Late
Correspondence
From: Terry Scott <jtscott1@verizon.net>
Sent: Friday, August 28, 2020 1:40 PM
To: PublicWorks <PublicWorks@rpvca.gov>
Subject: Parking on Crenshaw south of Crest (Del Cerro Park and Reserve area)
Public Input for the 9/1/2020 RPV City Council Meeting:
Hi-My name is Terry Scott. My husband Jim and I have been hiking every week (usually on Tuesday mornings) for the
last 5 years in the Portuguese Bend Reserve. I would urge the Council to NOT formalize the motion to temporarily
prohibit parking on Crenshaw south of Crest Road. These are public lands and they should be easily accessible to the
public.
I personally have not seen problems related to traffic, especially during the weekdays. (I can't speak to the weekends,
because I do not hike there then.) It may be that there are more people coming to enjoy the Reserve due to COVID
restrictions which have shut down many other outlets (gyms, playgrounds, etc.), but this is an unusual year and being
out in nature is one of the few safe things that people can do during this pandemic.
And, if there are improvements that need to be made to the parking situation (I'm still not convinced that there is a real
problem), why is it necessary to do a 60 day prohibition now in the main area where hikers park? How does having this
temporary prohibition help you solve the problem long term? It appears to those of us who come from out of the area
that the City Council is just trying to assuage a small vocal group of RPV residents who don't like the extra people coming
into their neighborhood. I live at the beach and hear the same on Next Door from some of my neighbors too. But, these
are public spaces; just because we are fortunate enough to live right next door to them does not mean that we are
somehow entitled to keep other members of the public out.
If the Council feels it is important to keep people from parking on Crenshaw, why not work on coming up with an
alternate accessible place for hikers to park FIRST, and then tell people, {{You can park here, and now that this new
parking area is available to you, we are going to prohibit parking on Crenshaw south of Crest." To formalize this motion
now (with no adequate alternative available), is just going to have the effect of keeping the public out of these public
lands.
Thank you,
Terry Scott
Jtscott1@verizon.net
Cell: 310-612-9684
Home: 310-318-0066
2026 Ardmore Ave.
Hermosa Beach, CA 90254 USA
1
(.
From:
Sent:
To:
Subject:
Cheri Bailiff on behalf of Phone-PW-Main
Friday, August 28, 2020 2:47 PM
CityCierk
FW: Public Access to Del Cerro park and trails-Late Correspondence
From: Leslie Gold <lesliesgold@gmail.com>
Sent: Friday, August 28, 2020 2:45 PM
To: PublicWorks <PublicWorks@rpvca.gov>
Subject: Public Access to Del Cerro park and trails
Hello,
As a 20+ year resident of RPV, I am writing to express my concern about the proposal to further limit parking
on Crenshaw Boulevard near Del Cerro Park. It will achieve the opposite ofwhat is presumably desired (less
traffic, fewer people standing around). Furthermore, it would be unfair to the public.
Limiting parking to one side already created more traffic in the area because people now have to drive slowly
up and down Crenshaw looking for one of the few if any available spaces. If we remove parking on both sides
ofthe street, people will drive to the end of Crenshaw, drop offpassengers, make aU-turn, and then drive back
down past Crest Road to find parking. Eliminating parking on Crenshaw will INCREASE traffic, especially at
the end of the road. Furthermore, it will INCREASE crowd sizes, as it will lead to more people congregating at
Del Cerro as they wait for the driver of the vehicle they arrived in to find parking. If people were able to easily
find parking and then begin their hike, because there are spaces on both sides of Crenshaw Boulevard, we
would have LESS TRAFFIC and LESS CONGESTION.
Additionally, we as a city need to do what's right. The Del Cerro trails are public spaces. It is not a private
park. Furthermore, that land was purchased with money from donors who reside both in RPV and beyond.
They didn't give for the sole benefit of RPV residents with permits. We do NOT have the right to restrict public
access to a public park. We should be a community that welcomes all who come to enjoy the beauty of our
city. Restricting access is ethically wrong. It is morally wrong.
Let's be good citizens, while reducing traffic and minimizing the group gatherings. We can best do this by
ADDING parking spaces, not taking them away.
Thank you for your consideration.
Leslie Gold
1
E.
From:
Sent:
To:
Subject:
Cheri Bailiff
Friday, August 28, 2020 3:26 PM
CityCierk
FW: Parking on Crenshaw elimination-Late Correspondence
From: Rick Bragg <rbragglS@gmail.com>
Sent: Friday, August 28, 2020 3:23PM
To: PublicWorks <PublicWorks@rpvca.gov>
Subject: Parking on Crenshaw elimination
Dear Ladies, Gentlemen and undecided,
Today I noticed the sign announcing a closure of all parking on the approach to Del Cerro Park. I called the
posted number and was told that it would be temporary for 60 days while the city council discussed better long
term parking solutions. Please excuse me for introducing common sense and logic here but this makes no sense
on any level! We can't park in the neighborhood due to posted signs even though the folks living here have
wide and nearly empty streets. Ok, same everywhere in wealthy neighborhoods. Del Cerro Park has been
nearly empty every single day I've come here to hike, reserved for permits only. Who gets a permit, someone
who lives in the neighborhood and could walk? I don't know and don't care, just wondering. So, the last half
mile of Crenshaw seems to work well. The street is wide, cars move slowly, there's minimal traffic-it's safe
and easy.
A temporary closure while discussing and planning? Give me one reason you'd need to close the parking,
outside of a big construction project. Surveys can be done w/o closing it. I figure one or more field trips for
y'all to walk around and point and scribble but you can park your bus or cars in the DC parking lot.
Parking will now begin about 1/2 mile further back where Crenshaw is narrower and where the downhill traffic
moves at a much greater speed and where it's much more heavily trafficked.
I'm a 69 year old resident of Gardena. Covid wiped out my previous career so instead of being retired, I finally
re-entered the work force one month ago and am starting over. From early Feb til early July I took up hiking,
mostly here, as my new sport & recreation. I visited the Portuguese Bend area 3-5 times a week but now I can
only do it once a week. 50 plus enjoyable but brutal hill hkes. I implore you to use logic and common
sense. There is no better parking solution unless we're allowed to use the neighborhoods and park.
Using that logic again, I figure that one or more prominent members of the city council live in the neighborhood
and think the rifraf should not be allowed to park and pollute near you. Problem is, we'll still all drive up to the
dead end and turn around but a lot more people will decide to find another area to congest, and all of us will be
frustrated and angry. By coincidence, I encountered 2 different PVPLC employees doing their jobs on the trails
today and both were as baffled as I was about the closure.
Thanks much; please consider my words seriously!
1
t·
From: Teresa Takaoka
Sent:
To:
Wednesday, August 26, 2020 1:31 PM
CityCierk
Subject:
Attachments:
FW: Late Correspondence for ADU item
8-26 -20 Gelfand email.pdf
Late corr
From: Amy Seeraty <AmyS@rpvca.gov>
Sent: Wednesday, August 26, 2020 11:37 AM
To: CityCierk <C ityCierk@rpvca .go v >
Cc: Ken Rukavina <krukavina@rpvca .gov>; Octavia Silva <OctavioS@rpvca.gov>
Subject: Late Correspondence for ADU item
Hello-
Please see the attached, thank you.
Amy Seeraty
Senior Planner
City of Rancho Palos Verdes
Community Development Department
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
www.rpvca .gov
amys@rpvca.gov -(31 0) 544-5231
City Hall is open to the public during regular business hours . To help prevent the spread of COVID -19, visitors
are required to wear face coverings and adhere to physical distancing guidelines . Some employees are working
on rotation and may be working remotely . If you need to visit City Hall , please schedule an appointment in
advance by calling the appropriate department and follow all posted directions during your visit. Walk -ups are
limited to one person at a time . Please note that our response to your inquiry could be delayed . For a list of
department phone numbers , visit the Staff Directory on the City website .
1
\.
Amy Seeraty
From:
Sent:
To:
Cc:
Subject:
Folks,
Matthew Gelfand <admin@caforhomes.org> on behalf of matt@caforhomes.org
Wednesday, August 26, 2020 10:20 AM
l<en Rukavina; Amy Seeraty; wwynder@awattorneys.com; egerli@awattorneys.com
'Nickless, Greg@HCD'
RE: Correspondence fmm Californians fat-Homeownership
We have given the City countless opportunities to explain how enclosed parking improves fire safety. Time and time
again, you have been unable to do so. The Planning Commission recognized the lack of justification and recommended
removing the enclosed parking requirement.
Remarkably, staff are now seeking to override that recommendation. But for the fourth staff report in a row, there isn't
even the faintest effort to provide a fire or life safety justification for the requirement, beyond a vague reference to
prohibiting tandem parking, which is a completely different issue.
The enclosed parking requirement is a red line for us. It is an aesthetic requirement with no safety justification. It
directly contravenes state law, and it will significantly impact both ADU production numbers and the cost of building
AD Us in the City. If the City moves forward with this ordinance with an enclosed parking requirement, we will almost
certainly be forced to sue the City. When we do so, we will highlight the fact that even the Planning Commission could
not identify a valid justification for this provision. You may want to address that with the City Council in closed session.
All the best,
Matt Gelfand
From: Matthew Gelfand <admin@caforhomes.org>
Sent: Tuesday, August 11, 2020 11:34 AM
To: pc@rpvca.gov; planning@rpvca.gov
Cc: 'l<en Rukavina' <krukavina@rpvca.gov>; 'Amy Seeraty' <AmyS@rpvca.gov>; wwynder@awattorneys.com;
egerli@awattorneys.com; 'Nickless, Greg@HCD' <Greg.Nickless@hcd.ca.gov>
Subject: Correspondence from Californians for Homeownership
To the Planning Commission:
Please see the attached correspondence regarding Agenda Item 4 being considered at your upcoming meeting.
TO STAFF: In light of the length of the letter, we are not asking that the letter be read into the record. Instead, we ask
that you read this abridged version: "Californians for Homeownership is a 50l{c)(3) non-profit organization devoted to
using legal tools to address California's housing crisis. You have been provided with a letter we submitted as part of our
work monitoring local compliance with California's laws regarding accessory dwelling units. Our letter follows up on our
recent correspondence regarding the City's policies on ADUs. Our detailed concerns about the City's draft ordinance are
explained in our prior letters. Those concerns persist. But today, we wish instead to highlight the City's continuing
refusal to answer one simple question about its draft ordinance: How does requiring enclosed parking rather than
unenclosed parking reduce fire risk? There is no legitimate explanation for this policy, which reflects the City's aesthetic
preferences, not concerns about fire safety. Enclosed parking is, if anything, more dangerous, because it can impede
evacuation during a power failure as compared with unenclosed parking . Once again, we implore the City to consult
with the state Department of Housing and Community Development as it develops its ADU ordinance."
Sincerely,
Matthew Gelfand
Matthew Gelfand
Counsel , Californians for Homeownership
525 S. Virgil Avenue
Los Angeles, CA 90020
matt@caforhomes.org
Tel: (213) 739-8206
Californians for Homeownership is a 501 ( c)(3) non-profit organization that works to address California's housing crisis through
impact litigation and other legal tools.
2
From: Teresa Takaoka
Sent: Friday, August 28, 2020 9:28 AM
CityCierk To:
Subject: Fw: City Council Meeting -9/1/20; Item# 2 -Clean Power Alliance
Follow Up Flag:
Flag Status:
Follow up
Completed
From: Mickey Radich <mickeyrodich@gmail.com>
Sent: Thursday, August 27, 2020 5:34:54 PM
To:CC
Subject: City Council Meeting-9/1/20; Item # 2 -Clean Power Alliance
Tonight you will be once again reviewing if our City should partner with CPA to deliver green electric power
to RPV. Staff was asked to provide a feasibility study, independent of that from CPA. There is a City Council
approved budget for $15,000 to obtain this independent study. I feel that this money is a wasteful expenditure
that our residents should not have to pay. There are already so many negative aspects ofthe CPA program. I
urge the City Council to vote NO on CPA and recommend the SCE program, which does not obligate RPV to
any potential financial burden. This allows those residents who wish to pay more for their green power through
SCE to do so, while not automatically enrolling every resident into the CPA program. I Some ofthe issues are:
1. The CPA program adds another layer of bureaucracy to our power distribution system along with
potential financial issues and costs.
2. RPV has nothing to gain and a lot to lose if it joins this program. During the last meeting CPA did not
disclose the liabilities that RPV would incur. Once RPV joins, estimates to leave the program are around
$12,500,000 based on current figures and of course CPA will not release any information from other
cities contracts due to privacy issues.
3. CPA can increase our electrical costs and charge whatever they want at any time without any approval
from the PUC. SCE, on the other hand, is legally required to sell energy at cost and get approvals from
the PUC before they can impose a rate increase.
4. The SCE program is "Energy Certified" by the PUC, which only allows certain qualified and approved
forms of green energy while CPA does not.
5. The contract with CPA includes an "Eminent Domain" agreement which gives CPA control of all of our
residential property in RPV to CPA.
6. The contract also has a non-disclosure agreement (NDA) that RPV must sign. I believe our City
Attorney is reviewing the NDA that SCE requires RPV to sign to release personal information on all
residents to CPA. This is unnecessary since SCE provides energy reports already. However, RPV should
not release any personal data to CPA without resident approval.
7. Once RPV joins the CPA, every user in RPV is automatically enrolled in CPA. They can opt out, but
many RPV senior residents won't even be aware of these changes, because SCE will still provide the
monthly bill.
I urge the City Council to vote NO on CPA and recommend the SCE program, which does not obligate RPV
to any potential financial burden. This allows those residents who wish to pay more for their green power
through SCE to do so, while not automatically enrolling every resident into the CPA program.
1
From:
Sent:
To:
Subject:
Late corr item 4
Teresa Takaoka
Monday, August 31, 2020 2:19PM
CityC ierk
FW: Continuation of FLOCK Camera Program
From: Craig Whited <craigwhited@cox.net>
Sent: Monday, August 31, 2020 1:48 PM
To: John Cruikshank <John .C ruikshank@rpvca .gov>; Eric Alegria <Eric.Aiegria@rpvca.gov>; David Brad ley
<david.brad ley@rpvca .gov>; Ken Dyda <Ken.Dyda@rpvca.gov>; Barbara Ferraro <barbara.ferraro@rpvca.gov>
Cc: Ara Mihranian <AraM@rpvca .gov>; CC <CC@rpvca.gov>
Subject: Continuation of FLOCK Camera Program
Members of the RPV City Council,
On behalf of the Mediterrania HOA, I am reaching out to you to authorize the extension of the City's
matching funds program for the rental and/ or purchase of security cameras like the FLOCK
Sparrow. Our HOA is considering two cameras to provide better safety and security for our
neighborhood. We recently received detailed information from Ara Mihranian at a CHOA meeting
regarding the mechanics of how such a camera system would work. As we have only two entry/ exit
points, serving as many as 400 homes, we can cover our neighborhood with only two cameras and
would welcome the City's matching funds to assist us.
Thank you in advance for your consideration.
Yours very truly,
Craig Whited
President -MHOA