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20210119 Late Correspondence1 Nathan Zweizig From:Teresa Takaoka Sent:Tuesday, January 19, 2021 9:43 PM To:CityClerk Subject:Fw: Parking at Del Cerro From: Katie Lozano <KatieL@rpvca.gov> Sent: Tuesday, January 19, 2021 6:34 PM To: CityClerk <CityClerk@rpvca.gov> Subject: FW: Parking at Del Cerro Late Correspondence. From: Terry Scott [mailto:jtscott1@verizon.net] Sent: Tuesday, January 19, 2021 4:51 PM To: CC <CC@rpvca.gov> Cc: Terry Scott <jtscott1@verizon.net> Subject: Parking at Del Cerro Good day, Please include this correspondence for tonight’s meeting. I have read the proposed plan for the parking by app. My concern is that the prices are too high, especially considering that you are only allowing a 3 hour window. For comparison, I can park at Temescal Gateway Park in the Santa Monica Mountains for the entire day for $12. In addition, if I don’t want to pay to park, there are free street parking spaces nearby. This is true for other trailheads in the Santa Monica Mountains and Los Angeles as well. Unfortunately, I don’t feel that the City Council’s approach is really dealing with the main problem which is there is not adequate parking available. With the current plan, you are essentially going to make it very difficult for anyone of limited financial means to access the preserve, unless they can hike on a weekday between 7:00 and 9:00 AM—essentially impossible for families with school age children and working families who have a job to go to on weekdays. This is a real shame and the land grant was given with the understanding that the preserve would be available to the public. I also think that having the free parking time be limited to 7:00 AM to 9:00 AM on weekdays will make that time very crowded in the preserve as opposed to the current situation where the hiking traffic is distributed throughout the day. For example, I am retired and I usually hike in the preserve on weekdays between 9:00 and 11:00 AM. I usually am able to find parking during these times, as it is not that crowded on weekdays (especially in the winter) for the most part. If all of the people who normally hike throughout the day change their arrival time to 7:00 AM, most likely there will not be adequate spaces available. Why isn’t the city looking into free parking off site (perhaps at the shopping center down the hill) with a free or low cost shuttle? As far as the free parking north of Crest on Crenshaw, nothing in this plan addresses the fact that this stretch is a dangerous place to park—opening your car door into fast traffic and a barrier on the passenger side of the car that 2 needs to be climbed over. Perhaps the city should eliminate one of the northbound lanes on Crenshaw to make it safer to park? I also don’t see anything in the plan about how far in advance people are able to make reservations for the parking. The proposed plan states that people must make their reservation two hours in advance, but how far in advance will the app go? I can see a situation where wealthy people could book up a slot for 6 months into the future and someone who isn’t as savvy (or have the means to pay for future parking) might not be able to get a spot when they can go to the preserve. I appreciate the work that the Council and staff have been doing on this project, but I personally think this approach is not going to solve the basic problem while still keeping the preserve accessible. Thank you, Terry Scott Jtscott1@verizon.net Cell: 310-612-9684 Home: 310-318-0066 2026 Ardmore Ave. Hermosa Beach, CA 90254 USA Virus-free. www.avg.com 1 Nathan Zweizig From:Teresa Takaoka Sent:Tuesday, January 19, 2021 9:43 PM To:CityClerk Subject:Fw: Palos Verdes Nature Preserve Parking Mitigation Status Report From: gerard melling <gpmelling@yahoo.com> Sent: Tuesday, January 19, 2021 5:46 PM To: CC <CC@rpvca.gov> Subject: Palos Verdes Nature Preserve Parking Mitigation Status Report Please make this known for the meeting I want to state my objections again to the additional n side parking restrictions on crenshaw near the park and ask for better provision for street parking. The both sides restriction seems a capitulation to the local HOAs who already get permit parking in their area: they always have a loud voice but the city must Act for all: and there is no need to restrict both sides which makes a limited situation worse. I would also like the city to do something for the safety of those who park on Crenshaw below crest- it feels so dangerous. Thank you for having the meeting and for keeping the trails open and posting mask-up signs. Gerard Melling 26600 Menominee Pl Rpv Sent from my iPhone 1 Nathan Zweizig From:Teresa Takaoka Sent:Tuesday, January 19, 2021 9:42 PM To:CityClerk Subject:Fw: City Council Meeting January 19, 2021 - Regular Business, Item 2 From: Katie Lozano <KatieL@rpvca.gov> Sent: Tuesday, January 19, 2021 5:11 PM To: pvpasofino@yahoo.com <pvpasofino@yahoo.com> Cc: CC <CC@rpvca.gov> Subject: FW: City Council Meeting January 19, 2021 - Regular Business, Item 2 Hello Ms. Ryan, Thank you for your email. It will be included as late correspondence with tonight’s City Council agenda item on Preserve parking and access. There will be flexibility within the proposed parking solution to accommodate horse trailers. Thank you, Katie Lozano Senior Administrative Analyst Recreation and Parks Department City of Rancho Palos Verdes 310-544-5267 katiel@rpvca.gov To limit public contact and help prevent the spread of COVID-19, City Hall is temporarily closed to the public, but services are available by telephone, email, online and limited curbside service. Some employees are working on rotation and may be working remotely. 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: Madeline Ryan <pvpasofino@yahoo.com> Sent: Tuesday, January 19, 2021 2:03 PM To: Katie Lozano <KatieL@rpvca.gov> Cc: CC <CC@rpvca.gov> Subject: City Council Meeting January 19, 2021 - Regular Business, Item 2 Hello Katie, Mayor and City Councilmembers I haven't commented previously on the dilemma facing our City with regards to providing parking, shuttle service and relief to the impacted neighbors near trailheads and preserves, because I gave up trailering to Del Cerro several years ago, when 2 curbside parking was difficult to find and inconsiderate/ignorant drivers parked too close to the rear of the trailer, thus preventing our trailer doors from being opened wide enough to load horses! After reading the five options provided, I just wonder if the City has considered or is prepared to accommodate horse and trailer parking at the Del Cerro site or Ladera Linda? I miss the Sunday afternoon trail rides into the Preserve and Forrestal area. In addition, as a resident and trail user I oppose any fees (#3) placed on the public wanting to access public trails. Why isn't there a parking lot on PVDSouth near the Sandbox area of Portuguese Bend to accommodate week end visitors? Horse trailers? This was talked about when the Preserve was just an 'idea'. Many of us contributed to PV Land Conservancy to make the 'idea' a reality and trusted that a parking lot would soon follow. Very disappointed that our equestrian community from all peninsula cities are left out when parking is discussed. Thank you to City Staff for their hard work, balancing residents' concerns, but looking at all trail users equally. Madeline Ryan PVD East (Q) Zone resident 1 Nathan Zweizig From:Teresa Takaoka Sent:Tuesday, January 19, 2021 9:41 PM To:CityClerk Subject:Fw: Palos Verdes Nature Preserve Public Access From: Katie Lozano <KatieL@rpvca.gov> Sent: Tuesday, January 19, 2021 5:06 PM To: Joel.Gerwein@scc.ca.gov <Joel.Gerwein@scc.ca.gov> Cc: CC <CC@rpvca.gov> Subject: FW: Palos Verdes Nature Preserve Public Access Hello Mr. Gerwein, Thank you for your email and coordination. Your email will be included as late correspondence with tonight’s City Council agenda item on Preserve Access and Parking. Thank you, Katie Lozano Senior Administrative Analyst Recreation and Parks Department City of Rancho Palos Verdes 310-544-5267 katiel@rpvca.gov To limit public contact and help prevent the spread of COVID-19, City Hall is temporarily closed to the public, but services are available by telephone, email, online and limited curbside service. Some employees are working on rotation and may be working remotely. 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: Gerwein, Joel@SCC <Joel.Gerwein@scc.ca.gov> Sent: Tuesday, January 19, 2021 3:02 PM To: CC <CC@rpvca.gov>; Ara Mihranian <AraM@rpvca.gov>; Katie Lozano <KatieL@rpvca.gov>; Eric Alegria <Eric.Alegria@rpvca.gov>; David Bradley <david.bradley@rpvca.gov>; John Cruikshank <John.Cruikshank@rpvca.gov>; Ken Dyda <Ken.Dyda@rpvca.gov>; Barbara Ferraro <barbara.ferraro@rpvca.gov> Cc: Walsh, John@Wildlife <John.Walsh@wildlife.ca.gov>; Cooper, Megan@SCC <Megan.Cooper@scc.ca.gov>; Schuchat, Sam@SCC <Sam.Schuchat@scc.ca.gov> Subject: Palos Verdes Nature Preserve Public Access Dear Rancho Palos Verdes City Council Members, 2 I am writing on behalf of the Coastal Conservancy staff to comment on the proposed parking reservation system to be installed on Crest Rd and in Del Cerro Park which will be considered at tonight's City Council meeting. The Conservancy provided funding for the acquisition of this Preserve. One of the acquisition purposes is public access. The grant agreement which the City entered into with the Conservancy prohibits the City from managing adjacent properties in a manner that would interfere with the acquisition purposes. The Palos Verdes Nature Preserve provides valuable access to beautiful open spaces for visitors throughout the region, and Conservancy staff opposes actions by the City to restrict access. Conservancy staff met with City staff last week to discuss the situation at the Preserve. Conservancy staff appreciates that visitation to the Portuguese Bend Preserve has grown significantly since it became popular on social media and even more during the pandemic. Conservancy staff is not opposed to efforts by the City to spread out visitation amongst the many trailheads at PVNP, and to encourage visitors to use locations with more available parking. Conservancy staff is also supportive of reducing the number of parking spaces restricted to City residents, such as those at Del Cerro Park. However, Conservancy staff is opposed to measures that will impose barriers to access, particularly barriers that will have a greater effect on low-income visitors. For this reason, Conservancy staff is opposed to charging for parking near the Portuguese Bend trailheads. I note that City staff have recommended setting parking rates near the high end of parking rates at open space areas in the region. High parking rates will pose a barrier to low- income visitors. This is of particular concern right now, when access to open space is especially important for the mental health of everyone in the region, and when so many people are suffering from job loss. City staff also recommend requiring that parking reservations be made two hours in advance. This would prevent visitors who are not aware of the new requirement from visiting the Preserve. Staff noted that there was a significant period after similar changes were made elsewhere when parking was underutilized because people made reservations and didn't utilize them. This is not a desirable outcome, particularly right now when open space access is so important. Coastal Conservancy staff suggests that the City work with the Palos Verdes Peninsula Land Conservancy to develop a new access plan that will look at the Preserve as a whole, and that will include a goal of maintaining or expanding access for visitors from the region who face barriers to open space access, such as low-income visitors. The City should survey users about how proposed changes will affect their ability to visit the Preserve, and take those responses into account in making changes to parking and access infrastructure. The City should also consult with organizations focused on regional access to open space, such as Nature for All, Community Nature Connection, Outdoor Afro, Latino Outdoors, Los Angeles Neighborhood Land Trust, and Heal the Bay. The organizations could share their expertise to help the City come up with solutions to address the concerns of City residents and neighbors while maintaining access. Coastal Conservancy staff would be happy to help the City in this type of planning and connect it with partners. Sincerely, Joel Gerwein Joel Gerwein South Coast Program Deputy Manager California State Coastal Conservancy 3 1515 Clay St, 10th floor Oakland, CA 94612-1401 Email: joel.gerwein@scc.ca.gov Tel: 510-286-4170 Cell: 510-590-7393 ** During the statewide shelter-in-place order, all Conservancy staff are working from home. Please use email as the primary way to contact us. The Conservancy’s response to the COVID-19 virus can be found on our website at [scc.ca.gov]scc.ca.gov. The latest state guidance on the virus can be found here.* Every Californian should conserve water. Find out how at: [saveourwater.com]saveourwater.com [Drought.CA.gov]Drought.CA.gov 1 Nathan Zweizig From:Teresa Takaoka Sent:Tuesday, January 19, 2021 9:40 PM To:CityClerk Subject:Fw: Agenda Item #2, Preserve Parking and Access Issues From: Katie Lozano <KatieL@rpvca.gov> Sent: Tuesday, January 19, 2021 5:04 PM To: Loretta Daniels <lorettadaniels7@gmail.com> Cc: CityClerk <CityClerk@rpvca.gov> Subject: RE: Agenda Item #2, Preserve Parking and Access Issues Hello Ms. Daniels, I’m forwarding your request to the City Clerk for assistance with this request. Thank you, Katie Lozano Senior Administrative Analyst Recreation and Parks Department City of Rancho Palos Verdes 310-544-5267 katiel@rpvca.gov To limit public contact and help prevent the spread of COVID-19, City Hall is temporarily closed to the public, but services are available by telephone, email, online and limited curbside service. Some employees are working on rotation and may be working remotely. 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: Loretta Daniels <lorettadaniels7@gmail.com> Sent: Tuesday, January 19, 2021 3:09 PM To: Katie Lozano <KatieL@rpvca.gov> Subject: Re: Agenda Item #2, Preserve Parking and Access Issues Hi Katie, Please send me a link to tonight’s City Council Meeting. Thank you, LorettaDaniels7@gmail.com Sent from my iPhone On Jan 18, 2021, at 5:45 PM, Katie Lozano <KatieL@rpvca.gov> wrote: 2 Hello Ms. Daniels, Thank you for your email. It will be included as late correspondence with the January 19 City Council agenda item on Preserve parking and access. Thank you, Katie Lozano Senior Administrative Analyst Recreation, Parks, and Open Space City of Rancho Palos Verdes 310-544-5267 To limit public contact and help prevent the spread of COVID-19, City Hall is temporarily closed to the public, but services are available by telephone, email, online and limited curbside service. Some employees are working on rotation and may be working remotely. 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: Loretta Daniels [mailto:lorettadaniels7@gmail.com] Sent: Monday, January 18, 2021 3:12 PM To: CC <CC@rpvca.gov> Subject: Agenda Item #2, Preserve Parking and Access Issues Dear Mayor and City Council Members, I am a Del Cerro Resident with my backyard adjacent to the Upper Burma Dirt Road. The Staff’s recommendation for a Parking Reservation System, is sincerely appreciated. This should help reduce traffic along Crenshaw Blvd. significantly. Areas of Concern: Please exclude, from the Parking Reservation System, the 10 spaces from Rattlesnake to Del Cerro Park and the parking spaces adjacent to the Exit from the St. John Fisher (SJF) driveway. 3 Traffic at the end of Crenshaw Blvd entering our Del Cerro neighborhood has been significantly improved with the Red Stripping of the curb from Rattlesnake Canyon Trailhead to the Del Cerro Park, parking lot driveway. The road is so narrow at that point, that when people making U-Turns along that narrow stretch of road it is dangerous. Also, as a Parishioner of St. John Fisher, turning left out of the SJF Crest Road Parking Exit is difficult because I cannot see oncoming traffic. Red stripping the curb from Valley View Road to the St. John Fisher Driveway would solve the lack of visibility of oncoming traffic. An Excerpt from SJF Msgr. Sork’s Email for Dec. 15, 2020 City Council Meeting “Parking in a residential neighborhood does have negative consequences both to the residences of these neighborhoods. For St. John Fisher specifically, the proliferation of cars parked along Crenshaw Boulevard has created a hazard for people exiting from our Crenshaw exit. It is difficult to turn out of our lot because the cars parking on the east side of Crenshaw block the view. I recommend painting it red on that side.” Thank you for your diligence in helping to restore the tranquility and quality of life to Del Cerro Residents. Be Well, Lori Daniels TO: HONORABLE MAYOR & CITY COUNCIL MEMBERS FROM: CITY CLERK DATE: JANUARY 19, 2021 SUBJECT: ADDITIONS/REVISIONS AND AMENDMENTS TO AGENDA ______________________________________________________________________ Attached are revisions/additions and/or amendments to the agenda material presented for tonight’s meeting. Item No. Description of Material Public Emails from Chad Dime Comments L Attachments A and B 2 Corrected Attachment D (Cost Analysis); Emails from: Del Cerro HOA President Kathy Edgerton; Fred Weiner; Madeline Ryan; Barry and Hilda Rodgveller; Anita Harrison Caplan; Loretta Daniels; Joel Gerwein; Larry Haddad; Michael Lebovitz; Leslie Chapin; Noel Park ** PLEASE NOTE: Materials attached after the color page(s) were submitted through Monday, January 18, 2020**. Respectfully submitted, __________________ Emily Colborn L:\LATE CORRESPONDENCE\2021\2021 Coversheets\20210119 additions revisions to agenda.docx From: Chad Dime <dime@diffeyewear.com > Sent: Tuesday, January 19, 202111:26 AM To: PB Club <office@pbcbeachclub.com >; Ara Mihranian <AraM@rpvca.gov>; CC <CC@rpvca .gov >; PC <PC@rpvca .gov > Subject: Re: Please protect our city More photos attached of the beach below Trump and ocean trails preserve. I've never seen this beach with more than 10 or so people on it at a time and now there's a hundreds a day. You will notice gang related graffiti on rocks as well. Tons of dogs off leash and over flowing trash cans. Not to mention people defecating on trails and leaving disease ridden clothing and "toilet paper" Behind. On Tue, Jan 19, 2021 at 1:19 PM Chad Dime <dime@diffeyewear.com > wrote: Dear Planning Commission and City Council Members, I live at 132 Sea Urchin Lane, Rancho Palos Verdes, CA. 90275 and I am an extrememly concerned resident. First, I humbly request that you consider a scaled-back, smaller design similar to Hesse Park, without a museum/discovery center and amphitheater. I understand it will be a public facility, but the desires and needs of, as well as the IMPACT on, local residents, must be considered. The building should include community room to accommodate community functions and bathrooms should also be similar to Hesse Park with safety in mind. The roof should be a durable, low maintenance material (not grass) and parking for the preserve should be contained within the park property, not on Forrestal. Please consider that Ladera Linda is a neighborhood park and should NOT be designed as an attraction for all of Southern California . Furthermore, I have a major concern with the impact we have seen from all the visitors that have been called in from the city to hike our trails and beaches. I was one of the community members that attended meetings years ago when you were considering gateway park and I warned specifically that this land cannot bear all that foot traffic. Little did I know it would get this out of hand. I live in PBC which butts up to the ocean trails preserve and beach below trump. I frequent that area daily for the last 30 years and never have I seen such blatant disregard for our land. Vandalism, graffiti, litter, loitering, fires on beach, feces and toilet paper in bushes and on trails, home break ins, violence, trespassing, dogs off leash alii have personally witnessed in just the last 8 months. I will attach photo proof below for your reference. I see the same issue now at Abalone Cove Shoreline park as well with people vandalizing, trespassing, graffiti, fishing out the preserve, depleting the tidepools, scraping mussels off rocks by the hundreds, trash, defecating on trails, violence, gang related activity, camping of homeless all increasing daily . How can we call these places a preserve if the city is not actively preserving the land. The quality of life in RPV has gotten far worse in the past couple of years as this was meant to be a family community safe for all and now has become the number one attraction for people in LA . You as the city have done a lot to advertise this area and the impact is increasingly negative for the people who have lived here and protected this land for decades. It is a real shame and it breaks my heart!! See photos below. I have plenty more of people actively breaking the law and leaving a disgusting amount of filth behind on our "preserves". IMG _8435.JPG IMG _1401.JPG IMG_8451.JPG IMG_8453.jpg IMG _8496.JPG IMG _8327.JPG IMG_8446.JPG CHAD DIME CO-FOUNDER I DIFF CHARITABLE EYEWEAR E dime@diffevewear.com P310.9180422 W DIFF EYEWEAR .COM DIFF's mission is to use fashion as a force for good. CHAD DIME CO-FOUNDER I DIFF CHARITABLE EYEWEAR E dime@diffeyewear.com p 310918.0422 W DIFFEYEWEAR .COM DIFF's mission is to use fashion as a force for good. CONTRACT SERVICES AGREEMENT By and Between CITY OF RANCHO PALOS VERDES and MICHAEL R. MCGEE, PLS, dba MCGEE SURVEYING CONSULTING 01203.0001/660488.11 BRJ 1 L. A-1 AGREEMENT FOR CONTRACT SERVICES BETWEEN THE CITY OF RANCHO PALOS VERDES AND MCGEE SURVEYING CONSULTING THIS AGREEMENT FOR CONTRACT SERVICES (herein "Agreement") is made and entered into on , 2020, by and between the CITY OF RANCHO PALOS VERDES, a California municipal corporation ("City") and MICHAEL R. MCGEE, PLS, dba MCGEE SURVEYING CONSULTING, a sole proprietorship ("Consultant"). City and Consultant may be referred to, individually or collectively, as "Party" or "Parties." RECITALS A. City has sought the performance of the services defined and described particularly in Article 1 ofthis Agreement. B. Consultant, following submission of a proposal for the performance of the services defined and described particularly in Article 1 of this Agreement, was selected by the City pursuant to Rancho Palos Verdes Municipal Code Section 2.44.070(A)-(B) 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 Consultant for performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein. OPERATIVE PROVISIONS NOW, THEREFORE, in consideration of the 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. SERVICES OF CONSULTANT 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, the Consultant shall provide those services specified in the "Scope of Services" 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, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Consultant covenants that it shall follow the highest professional standards in performing the work and services required hereunder 01203.0001/660488.11 BRJ A-2 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 Consultant's Proposal. The Scope of Service shall include the Consultant's scope of work or bid which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern. 1.3 Compliance with Law. Consultant 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 California Labor Law. If the Scope of Services includes any "public work" or "maintenance work," as those terms are defined in California Labor Code section 1720 et seq. and California Code of Regulations, Title 8, Section 16000 et seq., and if the total compensation is $1,000 or more, Consultant shall pay prevailing wages for such work and comply with the requirements in California Labor Code section 1770 et seq. and 1810 et seq., and all other applicable laws, including the following requirements: (a) Public Work. The Parties acknowledge that some or all of 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) of the 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. Consultant shall post job site notices, as prescribed by regulation. (b) Prevailing Wages. Consultant 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, Consultant acknowledges receipt of a copy of the Department oflndustrial Relations (DIR) determination of the prevailing rate of per diem wages, and Consultant 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. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment 012030001/660488.11 BRJ 2 A-3 of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Consultant shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less 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 Consultant or by any subcontractor. (d) Payroll Records. Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each subconsultant to: keep accurate payroll records and verify such records in writing under penalty of perjury, 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 ofthe records. (e) Apprentices. Consultant 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. Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within sixty (60) days after concluding work pursuant to this Agreement, Consultant and each of its subconsultants shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement. (f) Eight-Hour Work Day. Consultant acknowledges that eight (8) hours labor constitutes a legal day's work. Consultant shall comply with and be bound by Labor Code Section 1810. (g) Penalties for Excess Hours. Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Consultant shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Agreement by the Consultant 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 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Consultant 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 less 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 of California Labor Code Section 1861, Consultant certifies as follows: "I am aware 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 01203.0001/660488.11 BRJ 3 A-4 comply with such provisions before commencing the performance of the work of this contract." Consultant's Authorized Initials ---- (i) Consultant's Responsibility for Subcontractors. For every subcontractor who will perform work under this Agreement, Consultant shall be responsible for such subcontractor's compliance with Division 2, Part 7, Chapter 1 (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. Consultant 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. Consultant shall diligently take corrective action to halt or rectify any such failure by any subcontractor. 1.5 Licenses, Permits, Fees and Assessments. Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant 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 Consultant'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. By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly investigated and considered the scope of services 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, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Consultant discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the Contract Officer. 1.7 Care of Work. The Consultant shall adopt reasonable methods 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 may be caused by City's own negligence. 012030001/660488. II BRJ 4 A-5 1.8 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. 1.9 Additional Services. 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 Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Consultant, incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation of up to ten percent (1 0%) of the Contract Sum or $25,000, whichever is less; or, in the time to perform of up to one hundred eighty (180) days, may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. It is expressly understood by Consultant that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other Consultants. No claims for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed. 1.10 Special Requirements. Additional terms and conditions of this Agreement, if any, which 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 ofthis 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 Consultant 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 Fifty-Six Thousand Six Hundred Dollars ($56,600.00) (the "Contract Sum"), unless additional compensation is approved pursuant to Section 1.9. 01203.00011660488.11 BRJ 5 A-6 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 contract retention; (iii) payment for time and materials based upon the Consultant'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. 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 4.4, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City. Coordination of the performance of the work with City is a critical component of the services. If Consultant is required to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any additional compensation for attending said meetings. 2.4 Invoices. Each month Consultant 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, Consultant 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. Consultant shall not invoice City for any duplicate services performed by more than one person. City shall independently review each invoice submitted by the Consultant 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 Consultant which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause Consultant to be paid within forty-five (45) days of receipt of Consultant's correct and undisputed invoice; however, Consultant 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 any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by City for any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law. 2.5 Waiver. Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant. 01203.0001/660488.11 BRJ 6 A-7 ARTICLE 3. PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance ofthis Agreement. 3.2 Schedule of Performance. Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the "Schedule of Performance" attached hereto as Exhibit "D" and incorporated herein by this reference. When requested by the Consultant, 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 Consultant, 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, if the Consultant 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 of the 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 Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant's sole remedy being extension of the Agreement pursuant to this Section. 3.4 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) year from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit "D"). ARTICLE 4. COORDINATION OF WORK 4.1 Representatives and Personnel of Consultant. The following principals of Consultant ("Principals") are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: 01203.0001/660488.11 BRJ 7 A-8 Michael McGee Owner (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 foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City. Additionally, Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant's staff and subcontractors, if any, assigned to perform the services required under this Agreement. Consultant shall notify City of any changes in Consultant'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 Consultant. Consultant 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. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant's officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Consultant, nor any of Consultant's officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City's employees. Consultant expressly waives any claim Consultant may have to any such rights. 4.3 Contract Officer. The Contract Officer shall be Matt Waters, Senior Administrative Analyst, or such person as may be designated by the City Manager. It shall be the Consultant's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Consultant 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 of the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement. 4.4 Independent Consultant. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, 01203.00011660488.11 BRJ 8 A-9 supervision or control of Consultant's employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Consultant 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. Consultant 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 partner of Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant. 4.5 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Consultant 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. 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 Consultant, 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 Consultant or any surety of Consultant of any liability hereunder without the express consent of City. ARTICLE 5. INSURANCE AND INDEMNIFICATION 5.1 Insurance Coverages. Without limiting Consultant's indemnification of City, and prior to commencement of any services under this Agreement, Consultant 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. Consultant 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 $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted. (b) Automobile liability insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant 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. 01203.0001/660488.11 BRJ 9 A-10 (c) Professional liability (errors & omissions) insurance. Consultant 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 Consultant 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. Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000). (e) Subcontractors. Consultant 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. Consultant 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, certified copies of all required insurance policies, at any time. (b) Duration of coverage. Consultant 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 ofthe Services hereunder by Consultant, its agents, representatives, employees or subconsultants. (c) Primary/noncontributing. Coverage provided by Consultant 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- 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 Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. 012010001/660488.11 BRJ 10 A-11 (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 ofBest'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 Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. (g) Enforcement of contract provisiOns (non-estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant 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 Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. 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. Consultant 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. G) 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 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. (1) Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant's insurance shall apply separately to each insured 01203.0001/660488.11 BRJ 11 A-12 against whom claim is made or suit is brought, except with respect to the insurer's limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) Pass through clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant 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. Consultant 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 Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant'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. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. ( q) Additional insurance. Consultant 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, Consultant 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 asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable ("indemnitors"), or arising from Consultant's or indemnitors' reckless or willful misconduct, or arising from Consultant's or indemnitors' negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith: 01203.00011660488.11 BRJ 12 A-13 (a) Consultant will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith; (b) Consultant 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 Consultant hereunder; and Consultant 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 Consultant 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 Consultant hereunder, Consultant 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. Consultant shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Consultant 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 Consultant in the performance of professional services 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 Consultant and shall survive termination of this Agreement. ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION 6.1 Records. Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies 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 three (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 Consultant's business, custody of the books and records may be given to City, and access shall be provided by Consultant's successor in interest. Notwithstanding the above, the Consultant shall fully 01203.0001/660488.11 BRJ 13 A-14 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. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Consultant 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, Consultant agrees that if Consultant 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 Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notifY the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed. 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 Consultant, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant 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 of the 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 Consultant will be at the City's sole risk and without liability to Consultant, and Consultant's guarantee and warranties shall not extend to such use, reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant shall have the 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 Consultant fails to secure such assignment, Consultant shall indemnifY City for all damages resulting therefrom. Moreover, Consultant with respect to any documents and materials that may qualify as "works made for hire" as defined in 17 U .S.C. § 101, such documents and materials are hereby deemed "works made for hire" for the City. 6.4 Confidentiality and Release of Information. (a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer. (b) Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City 01203.0001/660488.11 BRJ 14 A-15 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 Consultant gives City notice of such court order or subpoena. (c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney's fees, caused by or incurred as a result of Consultant's conduct. (d) Consultant shall promptly notifY City should Consultant, 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 Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. 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 of the parties in accordance with the laws of the 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 Consultant 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; Default. In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant 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 Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. 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 Consultant 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 Consultant's default shall not be deemed to result in a waiver ofthe City's legal rights or any rights arising out of any provision ofthis Agreement. 01203.0001/660488.11 BRJ 15 A-16 7.3 Retention of Funds. Consultant hereby authorizes City to deduct from any amount payable to Consultant (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 parties, by reason of Consultant's acts or omissions in performing or failing to perform Consultant's 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 Consultant, 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 Consultant to insure, indemnify, and protect City as elsewhere provided herein. 7.4 Waiver. Waiver by any party 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 of the provisions of this 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 Consultant 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 default 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 party 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, Consultant shall file a statutory 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 OI203.00011660488. I I BRJ 16 A-17 this Agreement, the Consultant and its sureties shall be liable for and shall pay to the City the sum of $50 (Fifty Dollars) as liquidated damages for each working day of delay in the performance of any service required hereunder. The City may withhold from any monies payable on account of services performed by the Contractor any accrued liquidated damages. 7.8 Termination Prior to Expiration of Term. This Section shall 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 Consultant, except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Consultant 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 Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Consultant has initiated termination, the Consultant shall 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 Consultant has initiated termination, the Consultant shall 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 party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7 .2. 7.9 Termination for Default of Consultant. If termination is due to the failure of the Consultant 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 Consultant shall 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 shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant 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, whether legal or equitable, shall be entitled to reasonable attorney's fees. Attorney's fees shall 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 all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. 01203.0001/660488.11 BRJ 17 A-18 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 Consultant, 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 Consultant or to its successor, or for breach of any obligation of the terms ofthis Agreement. 8.2 Conflict of Interest. Consultant 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 Consultant's performance of services under this Agreement. Consultant 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. Consultant 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 of this 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 affects her/his financial interest or the financial interest of any corporation, partnership or association in which (s)he is, directly or indirectly, interested, in violation of any State statute or regulation. The Consultant 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. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class in the performance of this Agreement. Consultant 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 Unauthorized Aliens. Consultant 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 Consultant so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such 01203.0001/660488.11 BRJ 18 A-19 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 party 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 Blvd., Rancho Palos Verdes, California 90275 and in the case of the Consultant, to the person(s) 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. 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 Consultant 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 Agreement which are hereby declared as severable and shall be interpreted to carry out the intent 01203.0001/660488.11 BRJ 19 A-20 of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party ofthe 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 with State law and shall not include interests found to be "remote" or "non interests" pursuant to Government Code Sections 1091 or 1091.5. Consultant 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. Consultant 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 party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Consultant 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. Consultant's Authorized Initials --- 9.7 Corporate Authority. The persons executing this Agreement on behalf of the parties 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 party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) that 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] 01203.0001/660488.11 BRJ 20 A-21 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written. ATTEST: Emily Colborn, City Clerk APPROVED AS TO FORM: ALESHIRE & WYNDER, LLP William W. Wynder, City Attorney [BRJ] CITY: CITY OF RANCHO PALOS VERDES, a municipal corporation John Cruikshank, Mayor CONSULTANT: MICHAEL R. MCGEE, PLS, dba MCGEE SURVEYING CONSULTING, a sole proprietorship By: _____________ _ Name: Michael R. McGee Title: Owner Address: 5290 Overpass Road, Ste # 107 Santa Barbara, CA 93111 Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT'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 CONSULTANT'S BUSINESS ENTITY. 01203.0001/660488.11 BRJ 21 A-22 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 , 2021 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 CAP A CITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT D INDIVIDUAL D CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) D PARTNER(S) D LIMITED D GENERAL NUMBER OF PAGES D ATTORNEY-IN-FACT D TRUSTEE(S) D GUARDIAN/CONSERVATOR D OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: (NAME OF PERSON(S) OR ENTITY(IES)) SIGNER(S) OTHER THAN NAMED ABOVE 01203.0001/660488.11 BRJ A-23 EXHIBIT "A" SCOPE OF SERVICES I. Consultant will perform the following services (the "Services"): A. General. Consultant will complete the analysis and preparation of legal descriptions for the 12 individual "Reserve Areas" of the Palos Verdes Nature Preserve. The Reserve Areas are as follows: I. Malaga Canyon Reserve; 2. Agua Amarga Reserve; 3. Vicente Bluffs Reserve; 4. Alta Vicente Reserve; 5. Three Sisters Reserve; 6. Filiorum Reserve; 7. Portuguese Bend Reserve; 8. Forrestal Reserve; 9. Abalone Cove Reserve; 10. San Ramon Reserve; 11. Ocean Trails Reserve 12. Vista Del Norte Reserve. (collectively, the "Reserve Areas," and each, a "Reserve Area"). Formal surveys and corresponding legal property descriptions for the Reserve Areas themselves were never created. Each of the Reserve Areas is believed to consist of multiple legal parcels or portions of one or more legal parcels. However, the boundaries of the Reserve Areas are presently depicted on aerial photography and documented in the City's GIS database, and as such, the general configurations and areas have been established. The Reserve Areas are depicted in Exhibit "A-1," attached hereto. Adhering to the process detailed in subsection (B), Consultant, with City's cooperation, will analyze and verify title reports, deeds and other public title and real property records identifying and describing the relevant existing legal parcels or portions thereof and the City's ownership interests therein, and will perform 01203.0001/660488.11 BRJ A-1 A-24 field surveys necessary for Task B-3 (subparagraph (8)(3), below) and other tasks as necessary to create the Reserve Area legal descriptions. Th isese scope of services do es not include field surveys to determine the physical boundaries ofthe twelve Reserve Area parcels on the ground , as the Parties do not anticipate the need to conduct any such physical boundary survey in connection with the Services . B. The Services shall be performed by completing the following tasks: 1. Consultant will obtain all relevant vesting documents related to the Reserve Areas from the approved subconsultant identified in Section V of this Exhibit "A," will analyze same, and based thereon will order title reports from a third-party title company as Consultant deems necessary to perform the services. City anticipates that three title reports will be necessary, and such reports may be ordered by Consultant in his discretion using the separate funding authorized pursuant to Section I.C of Exhibit "C." Additional title reports beyond the third report may be ordered by Consultant subject to approval of the Contract Officer. 2. Title Reports are essential to confirm the City's limits of ownership and identify the rights, restrictions or conditions of title that could alter or interfere with the City's purpose. In the event it is confirmed that City does not own any Reserve Area or portion thereof, such area shall be excluded from the services to be performed pursuant to this Agreement. 3. Consultant and the City's representatives will hold an initial meeting to agree on a course of action and develop a plan for interpreting and describing the twelve Reserve Area boundaries. On-site reviews may be necessary to define the limits of Reserve Areas 4 and 9 (as listed in Section LA ofthis Exhibit), which will require field surveys. Other on-site reviews and/or field surveys may be necessary as determined by Consultant in coordination with City 's representatives, and such field work is included within this scope of services , but as noted in Section I.A above , field surveys to determine the physical boundaries of the Reserve Areas on the ground will not be conducted pursuant to this Agreement. The westerly and southerly boundaries in Reserve Areas 3, 9 and 11 are shown in the City GIS to be bounded by the apparent toe-of-bluff which falls in the near vicinity of the City's legal boundary being the Mean High Tide Line. The area between the toe-of-bluff and the Mean High Tide Line will be described as an exception and not based on a field survey. 4. With the results of Tasks 1 and 2, Consultant will meet with and confirm the configuration ofthe twelve Reserve Areas within the City. 012030001/660488 .11 BRJ A-2 A-25 5. Based on the results of the above Tasks, Consultant will perform the field surveys, analyses, and calculations to compile draft descriptions of the Reserve Areas based on the record deeds. 6. Consultant will review the draft descriptions with City representatives and obtain approval of the draft descriptions. 7. Consultant will deliver final legal descriptions of each Reserve Area and one combined description of the full Palos Verdes Nature Preserve for the City's use in preparing legal documents for recording and completing their process. In summary, Consultant will provide consulting services, field surveys, and prepare descriptions for use in recording use restrictions on the twelve Reserve Areas. These professional services provided by Consultant are to assist and guide the City in completing its agreements/obligations. The Parties anticipate that after Consultant has completed the Services, City will use the legal descriptions prepared by Consultant to obtain title insurance for and specific to the Reserve Areas, individually and/or collectively. In the event City encounters issues with the title insurance company with respect to obtaining such insurance based on the legal descriptions prepared by Consultant, Consultant will cooperate with the title insurance company as reasonably necessary to resolve the issues. If such cooperation would require additional time beyond the Term of this Agreement pursuant to Section 3.4 or expenditure of additional resources by Consultant beyond the Contract Sum pursuant to Section 2.1, and if there has been no default on the part of Consultant, the Parties will negotiate in good faith toward an amendment to this Agreement to extend the Term or increase the Contract Sum as reasonably necessary to facilitate the resolution of such issues and the issuance ofthe aforementioned title insurance. II. As part of the Services, Consultant will prepare and deliver the following tangible work products to the City: A. Legal descriptions of each of the Reserve Areas. B. One combined legal description of the full Palos Verdes Nature Preserve, comprised of the respective Reserve Area legal descriptions combined into one. III. In addition to the requirements of Section 6.2, during performance of the Services, Consultant will keep the City appraised of the status of performance by delivering the following status reports: A. Written status report upon completion ofPhase 1. 01203.0001/660488.11 BRJ A-3 A-26 B. Written status reports as to the progress or completion of each Task or otherwise as requested by the Contract Officer. IV. All work product is subject to review and acceptance by the City, and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City. V. Consultant will utilize the following personnel to accomplish the Services: A. Michael R. McGee, PLS, Owner B. MNS Engineering, Inc., approved subconsultant 012030001/660488.11 BRJ A-4 A-27 EXHIBIT "A-1"-GIS DEPICTION OF RESERVE AREAS 01203.0001 /660488 .11 BRJ A-5 A-28 EXHIBIT "B" SPECIAL REQUIREMENTS (Superseding Agreement Boilerplate) (additions shown in bold italics , deletions in strikethrough) I. Section 3.4, "Term," of the Agreement is hereby amended to read in its entirety as follows: "3.4 Term Unless earlier terminated in accordance w ith Artic le 7 of this Agreement, this Agreement sha ll continue in full force and effect until completion of the services but not exceeding fifteen (15) months one (I) year from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit '0 ')." I!. Section 5.l(d), "Worker's Compensation Insurance," of the Agreement is hereby amended to read in its entirety as follows: "(d) Workers ' compensation insurance. Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1 ,000,000). This Workers Compensation Insurance requirement may be waived by the Contract Officer, in his or her sole discretion, upon satisfactory proof that Consultant does not employ workers or sub-consultants in the performance of the Services, including but not limited to execution of the 'Declaration of Sole Proprietor' attached hereto as Exhibit 'B-1' and incorporated herein by reference." III. Section 5.l(c), "Professional liability (errors & omissions) insurance," of the Agreement is hereby amended to read in its entirety as follows: "(c) Professional liability (errors & omissions) insurance. Consultant 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 Consultant agrees to maintain continuous coverage through a for the period specified in Section I of Exhibit "C" no less than three (3) years after eompletion of the serviees required by this Agreement." I VH. Section 5.3, "Indemnification," of the Agreement is hereby deleted in its entirety and replaced with the following: "To the fullest extent permitted by law, Consultant shall indemnifY , defend and hold harmless City, its officers, employees , and agents , from and against all losses , damages, and judgments arising from claims by third parties, including reasonable attorneys' fees and expenses recoverable under applicable law, but only to the extent they are found to 01203 .0001/660488 .11 BRJ B-1 A-29 be caused by a negligent act, error, or omission of Consultant or Consultant's officers, directors, members, partners, agents, employees, or subconsultants in the performance of services under this Agreement. Notwithstanding any termination or expiration of this Agreement, this section will remain in effect while the professional liability insurance coverage pursuant to Section 5.1 (c) remains in effect." 01203.0001/660488.11 BRJ B-2 A-30 EXHIBIT "B-1" Declaration of Sole Proprietor DECLARATION AND ADDENDUM TO AGREEMENT I, Michael R. McGee, PLS, dba McGee Surveying Consulting ("Consultant"), hereby declare and warrant as follows for the purposes of inducing the City of Rancho Palos Verdes ("City") to enter into this Agreement: The Consultant is a sole proprietorship for the purposes of the California Workers' Compensation and Labor laws. The Consultant will hire no employees other than the parents, spouses, or children (of legal working age) of the Consultant for work required under this Agreement. All Services will be performed personally and solely by me, my parents, spouse or children, or persons who perform voluntary service without pay to the Consultant. If, however, the Consultant shall ever hire employees to perform this Agreement or any portion thereof, the Consultant shall obtain Workers' Compensation Insurance and provide proof of Workers' Compensation Insurance coverage to the City, as described in Section 5.l(d) of this Agreement. If the Consultant shall ever hire a subcontractor to perform the Agreement or any portion thereof, and the subcontractor has employees, then the Consultant, in addition to complying with other applicable provisions of the Agreement, shall require its subcontractor to obtain Workers' Compensation Insurance Coverage, or the Consultant shall obtain Workers' Compensation Coverage for that subcontractor's employees. This document constitutes a declaration by the Consultant against its financial interest, relative to any claims it should assert under the California Workers' Compensation and/or Labor laws against the City relating to the Agreement. The Consultant will defend, indemnify and hold harmless the City from any and all claims and liability, including Workers' Compensation claims and liability, that may be asserted or established by any party in the event the Consultant hires an employee in violation of this addendum, and the Consultant will further indemnify the City for all damages the City thereby suffers. I agree that this declaration shall constitute an addendum to the Agreement. Date Name and Signature of Consultant 01203.0001/660488.11 BRJ B-3 A-31 EXHIBIT "C" SCHEDULE OF COMPENSATION I. Consultant shall perform the following tasks at the following rates: TASK RATE TIME (Hrs.) SUB- BUDGET A. All Services (Tasks 1-7, $210/hour TBD (up to $50,000 inclusive)* 238) B. Compensation Adjustment $2,050/year [24 months] $4,100 for Professional Liability Insurance Costs** c. Title Reports ~$833/report [3 reports] $2,500 Total $56,600 *Includes approved subconsultant costs. **May be paid in two annual installments pursuant to invoice submitted by Consultant. II. Within the budgeted amounts for each Phase or Task, and with the approval of the Contract Officer, funds may be shifted from one Phase or Task sub-budget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 1.9. III. The City will compensate Consultant 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. 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. IV. The total compensation for the Services shall not exceed the Contract Sum as provided in Section 2.1 of this Agreement. V. The Consultant's billing rates for all personnel are attached as Exhibit C-1. 01203 0001/66048811 BRJ C-1 A-32 EXHIBIT "C-1" PERSONNEL RATES • Michael R. McGee, PLS, Owner-$210/hour. 012030001/660488.11 BRJ C-2 A-33 EXHIBIT "D" SCHEDULE OF PERFORMANCE I. Consultant shall perform all Services timely in accordance with the following schedule. A. Complete all Services Days to Perform Deadline Date 1 OW+ months 1 0 1 0 12 7 months from the effective date of this Agreement II. Consultant shall deliver the following tangible work products to the City by the following dates: A. All legal descriptions -within 1 02-7 months of the effective date of this Agreement. III. The Contract Officer may approve extensions for performance of the services in accordance with Section 3.2. 012030001/660488.11 BRJ D-1 A-34 CONTRACT SERVICES AGREEMENT By and Between CITY OF RANCHO PALOS VERDES and MICHAEL R. MCGEE, PLS, dba MCGEE SURVEYING CONSULTING 01203.00011660488.11 BRJ B-1 AGREEMENT FOR CONTRACT SERVICES BETWEEN THE CITY OF RANCHO PALOS VERDES AND MCGEE SURVEYING CONSULTING THIS AGREEMENT FOR CONTRACT SERVICES (herein "Agreement") is made and entered into on , 2020, by and between the CITY OF RANCHO PALOS VERDES, a California municipal corporation ("City") and MICHAEL R. MCGEE, PLS, dba MCGEE SURVEYING CONSULTING, a sole proprietorship ("Consultant"). City and Consultant may be referred to, individually or collectively, as "Party" or "Parties." RECITALS A. City has sought the performance of the services defined and described particularly in Article 1 ofthis Agreement. B. Consultant, following submission of a proposal for the performance of the services defined and described particularly in Article 1 of this Agreement, was selected by the City pursuant to Rancho Palos Verdes Municipal Code Section 2.44.070(A)-(B) 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 Consultant for performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein. OPERATIVE PROVISIONS NOW, THEREFORE, in consideration of the 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. SERVICES OF CONSULTANT 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, the Consultant shall provide those services specified in the "Scope of Services" 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, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Consultant covenants that it shall follow the highest professional standards in performing the work and services required hereunder 01203.0001/660488.11 BRJ B-2 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 Consultant's Proposal. The Scope of Service shall include the Consultant's scope of work or bid which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern. 1.3 Compliance with Law. Consultant 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 California Labor Law. If the Scope of Services includes any "public work" or "maintenance work," as those terms are defined in California Labor Code section 1720 et seq. and California Code of Regulations, Title 8, Section 16000 et seq., and if the total compensation is $1,000 or more, Consultant shall pay prevailing wages for such work and comply with the requirements in California Labor Code section 1770 et seq. and 1810 et seq., and all other applicable laws, including the following requirements: (a) Public Work. The Parties acknowledge that some or all of 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. Consultant shall post job site notices, as prescribed by regulation. (b) Prevailing Wages. Consultant 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, Consultant acknowledges receipt of a copy of the Department of Industrial Relations (DIR) determination of the prevailing rate of per diem wages, and Consultant 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. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment 01203.00011660488.11 BRJ 2 8-3 of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Consultant shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less 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 Consultant or by any subcontractor. (d) Payroll Records. Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each subconsultant to: keep accurate payroll records and verify such records in writing under penalty of perjury, 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. Consultant shall comply with and be bound by the provisions ofLabor Code Sections 1777.5, 1777.6, and 1777.7 and California Code ofRegulations Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within sixty (60) days after concluding work pursuant to this Agreement, Consultant and each of its subconsultants shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement. (f) Eight-Hour Work Day. Consultant acknowledges that eight (8) hours labor constitutes a legal day's work. Consultant shall comply with and be bound by Labor Code Section 1810. (g) Penalties for Excess Hours. Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Consultant shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Agreement by the Consultant 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 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Consultant 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 less than one and one-half (I Y:z) 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 of California Labor Code Section 1861, Consultant certifies as follows: "I am aware 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 01203.0001/660488.11 BRJ 3 8-4 comply with such provisions before commencing the performance of the work of this contract." Consultant's Authorized Initials ---- (i) Consultant's Responsibility for Subcontractors. For every subcontractor who will perform work under this Agreement, Consultant shall be responsible for such subcontractor's compliance with Division 2, Part 7, Chapter 1 (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. Consultant 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. Consultant shall diligently take corrective action to halt or rectify any such failure by any subcontractor. 1.5 Licenses, Permits, Fees and Assessments. Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant 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 Consultant'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. By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly investigated and considered the scope of services 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, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Consultant discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the Contract Officer. 1.7 Care of Work. The Consultant shall adopt reasonable methods 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 may be caused by City's own negligence. 01203.00011660488.11 BRJ 4 8-5 1.8 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. 1.9 Additional Services. 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 Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Consultant, incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation of up to ten percent (1 0%) of the Contract Sum or $25,000, whichever is less; or, in the time to perform of up to one hundred eighty (180) days, may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. It is expressly understood by Consultant that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other Consultants. No claims for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed. 1.10 Special Requirements. Additional terms and conditions of this Agreement, if any, which 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 Consultant 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 Fifty-Six Thousand Six Hundred Dollars ($56,600.00) (the "Contract Sum"), unless additional compensation is approved pursuant to Section 1.9. 01203.0001/660488.11 BRJ 5 8-6 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 contract retention; (iii) payment for time and materials based upon the Consultant'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. 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 4.4, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City. Coordination of the performance of the work with City is a critical component of the services. If Consultant is required to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any additional compensation for attending said meetings. 2.4 Invoices. Each month Consultant 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, Consultant 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. Consultant shall not invoice City for any duplicate services performed by more than one person. City shall independently review each invoice submitted by the Consultant 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 Consultant which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause Consultant to be paid within forty-five (45) days of receipt of Consultant's correct and undisputed invoice; however, Consultant 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 any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by City for any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law. 2.5 Waiver. Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant. 012030001/660488.11 BRJ 6 B-7 ARTICLE 3. PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance ofthis Agreement. 3.2 Schedule of Performance. Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the "Schedule of Performance" attached hereto as Exhibit "D" and incorporated herein by this reference. When requested by the Consultant, 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 Consultant, 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, if the Consultant shall within ten (10) 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 of the 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 Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant's sole remedy being extension of the Agreement pursuant to this Section. 3.4 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) year from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit "D"). ARTICLE 4. COORDINATION OF WORK 4.1 Representatives and Personnel of Consultant. The following principals of Consultant ("Principals") are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: 01203.0001/660488.11 BRJ 7 B-8 Michael McGee Owner (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 foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City. Additionally, Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant's staff and subcontractors, if any, assigned to perform the services required under this Agreement. Consultant shall notify City of any changes in Consultant'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 Consultant. Consultant 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. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant's officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Consultant, nor any of Consultant's officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City's employees. Consultant expressly waives any claim Consultant may have to any such rights. 4.3 Contract Officer. The Contract Officer shall be Matt Waters, Senior Administrative Analyst, or such person as may be designated by the City Manager. It shall be the Consultant's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Consultant 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 of the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement. 4.4 Independent Consultant. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, 01203.00011660488.11 BRJ 8 8-9 supervision or control of Consultant's employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Consultant 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. Consultant 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 partner of Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant. 4.5 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Consultant 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. 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 Consultant, 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 Consultant or any surety of Consultant of any liability hereunder without the express consent of City. ARTICLE 5. INSURANCE AND INDEMNIFICATION 5.1 Insurance Coverages. Without limiting Consultant's indemnification of City, and prior to commencement of any services under this Agreement, Consultant 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. Consultant 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 $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted. (b) Automobile liability insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant 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. 012030001/660488.11 BRJ 9 8-10 (c) Professional liability (errors & omissions) insurance. Consultant 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 Consultant 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. Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000). (e) Subcontractors. Consultant 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. Consultant 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, certified copies of all required insurance policies, at any time. (b) Duration of coverage. Consultant 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 Consultant, its agents, representatives, employees or subconsultants. (c) Primary/noncontributing. Coverage provided by Consultant 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- 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 Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. 012030001/660488.11 BRJ 10 8-11 (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 Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. (g) Enforcement of contract provisions (non-estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant 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 Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. 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. Consultant 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. G) 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 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 Consultant's insurance shall apply separately to each insured 01203.0001/660488.11 BRJ 11 B-12 against whom claim is made or suit is brought, except with respect to the insurer's limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) Pass through clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant 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. Consultant 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 Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant'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. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. ( q) Additional insurance. Consultant 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, Consultant 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 asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable ("indemnitors"), or arising from Consultant's or indemnitors' reckless or willful misconduct, or arising from Consultant's or indemnitors' negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith: 01203.00011660488.11 BRJ 12 B-13 (a) Consultant will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith; (b) Consultant 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 Consultant hereunder; and Consultant 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 Consultant 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 Consultant hereunder, Consultant 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. Consultant shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Consultant 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 Consultant in the performance of professional services 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 Consultant and shall survive termination of this Agreement. ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION 6.1 Records. Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies 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 three (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 Consultant's business, custody of the books and records may be given to City, and access shall be provided by Consultant's successor in interest. Notwithstanding the above, the Consultant shall fully 01203.0001/660488.11 BRJ 13 B-14 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. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Consultant 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, Consultant agrees that if Consultant 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 Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed. 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 Consultant, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant 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 of the 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 Consultant will be at the City's sole risk and without liability to Consultant, and Consultant's guarantee and warranties shall not extend to such use, reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant shall have the 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 Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. Moreover, Consultant with respect to any documents and materials that may qualify as "works made for hire" as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed "works made for hire" for the City. 6.4 Confidentiality and Release of Information. (a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer. (b) Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City 01203.00011660488.11 BRJ 14 8-15 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 Consultant gives City notice of such court order or subpoena. (c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney's fees, caused by or incurred as a result of Consultant's conduct. (d) Consultant shall promptly notifY City should Consultant, 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 Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. 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 of the parties in accordance with the laws of the 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 Consultant 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; Default. In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant 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 Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. 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 Consultant 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 Consultant'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. 01203.0001/660488.11 BRJ 15 8-16 7.3 Retention of Funds. Consultant hereby authorizes City to deduct from any amount payable to Consultant (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 parties, by reason of Consultant's acts or omissions in performing or failing to perform Consultant's 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 Consultant, 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 Consultant to insure, indemnify, and protect City as elsewhere provided herein. 7.4 Waiver. Waiver by any party 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 of the provisions of this 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 Consultant 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 default 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 party 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, Consultant shall file a statutory 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 012030001/660488.11 BRJ 16 B-17 this Agreement, the Consultant and its sureties shall be liable for and shall pay to the City the sum of $50 (Fifty Dollars) as liquidated damages for each working day of delay in the performance of any service required hereunder. The City may withhold from any monies payable on account of services performed by the Contractor any accrued liquidated damages. 7.8 Termination Prior to Expiration of Term. This Section shall 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 Consultant, except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Consultant 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 Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Consultant has initiated termination, the Consultant shall 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 Consultant has initiated termination, the Consultant shall 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 party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2. 7.9 Termination for Default of Consultant. If termination is due to the failure of the Consultant 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 Consultant shall 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 shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant 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, whether legal or equitable, shall be entitled to reasonable attorney's fees. Attorney's fees shall 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 all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. 01203.0001/660488.11 BRJ 17 8-18 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 Consultant, 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 Consultant or to its successor, or for breach of any obligation of the terms ofthis Agreement. 8.2 Conflict of Interest. Consultant 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 Consultant's performance of services under this Agreement. Consultant 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. Consultant 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 affects her/his financial interest or the financial interest of any corporation, partnership or association in which (s)he is, directly or indirectly, interested, in violation of any State statute or regulation. The Consultant 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. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class in the performance of this Agreement. Consultant 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 Unauthorized Aliens. Consultant hereby promises and agrees to comply with all of the provisions ofthe 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 Consultant so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such 01203.0001/660488.11 BRJ 18 B-19 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 party 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 Blvd., Rancho Palos Verdes, California 90275 and in the case of the Consultant, to the person(s) 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. 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 Consultant 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 Agreement which are hereby declared as severable and shall be interpreted to carry out the intent 01203.00011660488.11 BRJ 19 B-20 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 with State law and shall not include interests found to be "remote" or "noninterests" pursuant to Government Code Sections 1091 or 1091.5. Consultant 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. Consultant 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 party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Consultant 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. Consultant's Authorized Initials --- 9.7 Corporate Authority. The persons executing this Agreement on behalf of the parties 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 party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) that 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] 01203 0001/660488.11 BRJ 20 8-21 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written. ATTEST: Emily Colborn, City Clerk APPROVED AS TO FORM: ALESHIRE & WYNDER, LLP William W. Wynder, City Attorney [BRJ] CITY: CITY OF RANCHO PALOS VERDES, a municipal corporation John Cruikshank, Mayor CONSULTANT: MICHAEL R. MCGEE, PLS, dba MCGEE SURVEYING CONSULTING, a sole proprietorship By: ____________ _ Name: Michael R. McGee Title: Owner Address: 5290 Overpass Road, Ste # 107 Santa Barbara, CA 93111 Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT'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 CONSULTANT'S BUSINESS ENTITY. 01203.0001/660488.11 BIU 21 B-22 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 , 2021 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 CAP A CITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT D INDIVIDUAL D CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) D PARTNER(S) D LIMITED D GENERAL NUMBER OF PAGES D ATTORNEY-IN-FACT D TRUSTEE(S) D GUARDIAN/CONSERVATOR D OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: (NAME OF PERSON(S) OR ENTITY(IES)) SIGNER(S) OTHER THAN NAMED ABOVE 012030001/660488.11 BRJ B-23 EXHIBIT "A" SCOPE OF SERVICES I. Consultant will perform the following services (the "Services"): A. General. Consultant will complete the analysis and preparation of legal descriptions for the 12 individual "Reserve Areas" of the Palos Verdes Nature Preserve. The Reserve Areas are as follows: 1. Malaga Canyon Reserve; 2. Agua Amarga Reserve; 3. Vicente Bluffs Reserve; 4. Alta Vicente Reserve; 5. Three Sisters Reserve; 6. Filiorum Reserve; 7. Portuguese Bend Reserve; 8. Forrestal Reserve; 9. Abalone Cove Reserve; 10. San Ramon Reserve; 11. Ocean Trails Reserve 12. Vista Del Norte Reserve. (collectively, the "Reserve Areas," and each, a "Reserve Area"). Formal surveys and corresponding legal property descriptions for the Reserve Areas themselves were never created. Each of the Reserve Areas is believed to consist of multiple legal parcels or portions of one or more legal parcels. However, the boundaries of the Reserve Areas are presently depicted on aerial photography and documented in the City's GIS database, and as such, the general configurations and areas have been established. The Reserve Areas are depicted in Exhibit "A-1," attached hereto. Adhering to the process detailed in subsection (B), Consultant, with City's cooperation, will analyze and verify title reports, deeds and other public title and real property records identifying and describing the relevant existing legal parcels or portions thereof and the City's ownership interests therein, and will perform 01203.00011660488.11 BRJ A-1 8-24 field surveys necessary for Task B-3 (subparagraph (B)(3), below) and other tasks as necessary to create the Reserve Area legal descriptions. This scope of services does not include field surveys to determine the physical boundaries of the twelve Reserve Area parcels on the ground, as the Parties do not anticipate the need to conduct any such physical boundary survey in connection with the Services. B. The Services shall be performed by completing the following tasks: 1. Consultant will obtain all relevant vesting documents related to the Reserve Areas from the approved subconsultant identified in Section V of this Exhibit "A," will analyze same, and based thereon will order title reports from a third-party title company as Consultant deems necessary to perform the services. City anticipates that three title reports will be necessary, and such reports may be ordered by Consultant in his discretion using the separate funding authorized pursuant to Section LC of Exhibit "C." Additional title reports beyond the third report may be ordered by Consultant subject to approval of the Contract Officer. 2. Title Reports are essential to confirm the City's limits of ownership and identify the rights, restrictions or conditions of title that could alter or interfere with the City's purpose. In the event it is confirmed that City does not own any Reserve Area or portion thereof, such area shall be excluded from the services to be performed pursuant to this Agreement. 3. Consultant and the City's representatives will hold an initial meeting to agree on a course of action and develop a plan for interpreting and describing the twelve Reserve Area boundaries. On-site reviews may be necessary to define the limits of Reserve Areas 4 and 9 (as listed in Section LA of this Exhibit), which will require field surveys. Other on-site reviews and/or field surveys may be necessary as determined by Consultant in coordination with City's representatives, and such field work is included within this scope of services, but as noted in Section LA above, field surveys to determine the physical boundaries of the Reserve Areas on the ground will not be conducted pursuant to this Agreement. The westerly and southerly boundaries in Reserve Areas 3, 9 and 11 are shown in the City GIS to be bounded by the apparent toe-of-bluff which falls in the near vicinity of the City's legal boundary being the Mean High Tide Line. The area between the toe-of-bluff and the Mean High Tide Line will be described as an exception and not based on a field survey. 4. With the results of Tasks 1 and 2, Consultant will meet with and confirm the configuration of the twelve Reserve Areas within the City. 5. Based on the results of the above Tasks, Consultant will perform the field surveys, analyses, and calculations to compile draft descriptions of the Reserve Areas based on the record deeds. 0120300011660488.11 BRJ A-2 8-25 6. Consultant will review the draft descriptions with City representatives and obtain approval of the draft descriptions. 7. Consultant will deliver final legal descriptions of each Reserve Area and one combined description of the full Palos Verdes Nature Preserve for the City's use in preparing legal documents for recording and completing their process. In summary, Consultant will provide consulting services, field surveys, and prepare descriptions for use in recording use restrictions on the twelve Reserve Areas. These professional services provided by Consultant are to assist and guide the City in completing its agreements/obligations. The Parties anticipate that after Consultant has completed the Services, City will use the legal descriptions prepared by Consultant to obtain title insurance for and specific to the Reserve Areas, individually and/or collectively. In the event City encounters issues with the title insurance company with respect to obtaining such insurance based on the legal descriptions prepared by Consultant, Consultant will cooperate with the title insurance company as reasonably necessary to resolve the issues. If such cooperation would require additional time beyond the Term of this Agreement pursuant to Section 3.4 or expenditure of additional resources by Consultant beyond the Contract Sum pursuant to Section 2.1, and if there has been no default on the part of Consultant, the Parties will negotiate in good faith toward an amendment to this Agreement to extend the Term or increase the Contract Sum as reasonably necessary to facilitate the resolution of such issues and the issuance ofthe aforementioned title insurance. II. As part of the Services, Consultant will prepare and deliver the following tangible work products to the City: A. Legal descriptions of each of the Reserve Areas. B. One combined legal description of the full Palos Verdes Nature Preserve, comprised of the respective Reserve Area legal descriptions combined into one. III. In addition to the requirements of Section 6.2, during performance of the Services, Consultant will keep the City appraised of the status of performance by delivering the following status reports: A. Written status report upon completion of Phase 1. B. Written status reports as to the progress or completion of each Task or otherwise as requested by the Contract Officer. 01203.00011660488.11 BRJ A-3 B-26 IV. All work product is subject to review and acceptance by the City, and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City. V. Consultant will utilize the following personnel to accomplish the Services: A. Michael R. McGee, PLS, Owner B. MNS Engineering, Inc., approved subconsultant 0120100011660488.11 BRJ A-4 B-27 EXHIBIT "A-1"-GIS DEPICTION OF RESERVE AREAS 01203 .0001/660488.11 BRJ A-5 B-28 EXHIBIT "B" SPECIAL REQUIREMENTS (Superseding Agreement Boilerplate) (additions shown in bold italics, deletions in strikethrough) I. Section 3.4, "Term," of the Agreement is hereby amended to read in its entirety as follows: "3.4 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 fifteen (15) months from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit 'D')." II. Section 5.1(d), "Worker's Compensation Insurance," of the Agreement is hereby amended to read in its entirety as follows: "(d) Workers' compensation insurance. Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000). This Workers Compensation Insurance requirement may be waived by the Contract Officer, in his or her sole discretion, upon satisfactory proof that Consultant does not employ workers or sub-consultants in the performance of the Services, including but not limited to execution of the 'Declaration of Sole Proprietor' attached hereto as Exhibit 'B-1' and incorporated herein by reference." III. Section 5.1(c), "Professional liability (errors & omissions) insurance," of the Agreement is hereby amended to read in its entirety as follows: "(c) Professional liability (errors & omissions) insurance. Consultant 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 Consultant agrees to maintain continuous coverage through a for the period specified in Section I of Exhibit "C" no less than three (3) years after completion of the services required by this Agreement." IV. Section 5.3, "Indemnification," of the Agreement is hereby deleted in its entirety and replaced with the following: "To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its officers, employees, and agents, from and against all losses, damages, and judgments arising from claims by third parties, including reasonable attorneys' fees and expenses recoverable under applicable law, but only to the extent they are found to 012030001/660488.11 BRJ B-1 8-29 be caused by a negligent act, error, or omission of Consultant or Consultant's officers, directors, members, partners, agents, employees, or subconsultants in the performance of services under this Agreement. Notwithstanding any termination or expiration of this Agreement, this section will remain in effect while the professional liability insurance coverage pursuant to Section 5.1(c) remains in effect." 01203.0001/660488.11 BRJ B-2 8-30 EXHIBIT "B-1" Declaration of Sole Proprietor DECLARATION AND ADDENDUM TO AGREEMENT I, Michael R. McGee, PLS, dba McGee Surveying Consulting ("Consultant"), hereby declare and warrant as follows for the purposes of inducing the City of Rancho Palos Verdes ("City") to enter into this Agreement: The Consultant is a sole proprietorship for the purposes of the California Workers' Compensation and Labor laws. The Consultant will hire no employees other than the parents, spouses, or children (of legal working age) of the Consultant for work required under this Agreement. All Services will be performed personally and solely by me, my parents, spouse or children, or persons who perform voluntary service without pay to the Consultant. If, however, the Consultant shall ever hire employees to perform this Agreement or any portion thereof, the Consultant shall obtain Workers' Compensation Insurance and provide proof of Workers' Compensation Insurance coverage to the City, as described in Section 5.1(d) of this Agreement. If the Consultant shall ever hire a subcontractor to perform the Agreement or any portion thereof, and the subcontractor has employees, then the Consultant, in addition to complying with other applicable provisions of the Agreement, shall require its subcontractor to obtain Workers' Compensation Insurance Coverage, or the Consultant shall obtain Workers' Compensation Coverage for that subcontractor's employees. This document constitutes a declaration by the Consultant against its financial interest, relative to any claims it should assert under the California Workers' Compensation and/or Labor laws against the City relating to the Agreement. The Consultant will defend, indemnify and hold harmless the City from any and all claims and liability, including Workers' Compensation claims and liability, that may be asserted or established by any party in the event the Consultant hires an employee in violation of this addendum, and the Consultant will further indemnify the City for all damages the City thereby suffers. I agree that this declaration shall constitute an addendum to the Agreement. Date Name and Signature of Consultant 01203.000 I /660488.11 BRJ B-3 B-31 EXHIBIT "C" SCHEDULE OF COMPENSATION I. Consultant shall perform the following tasks at the following rates: TASK RATE TIME (Hrs.) SUB- BUDGET A. All Services (Tasks 1-7, $210/hour TBD (up to $50,000 inclusive)* 238) B. Compensation Adjustment $2,050/year [24 months] $4,100 for Professional Liability Insurance Costs** C. Title Reports ~$833/report [3 reports] $2,500 Total $56,600 *Includes approved subconsultant costs. **May be paid in two annual installments pursuant to invoice submitted by Consultant. II. Within the budgeted amounts for each Phase or Task, and with the approval of the Contract Officer, funds may be shifted from one Phase or Task sub-budget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 1.9. III. The City will compensate Consultant 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. 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. IV. The total compensation for the Services shall not exceed the Contract Sum as provided in Section 2.1 of this Agreement. V. The Consultant's billing rates for all personnel are attached as Exhibit C-1. 01203 000!1660488.11 BRJ C-1 8-32 EXHIBIT II C-1 II PERSONNEL RATES • Michael R. McGee, PLS, Owner-$210/hour. 012010001/660488.11 BRJ C-2 B-33 EXHIBIT "D" SCHEDULE OF PERFORMANCE I. Consultant shall perform all Services timely in accordance with the following schedule. A. Complete all Services Days to Perform Deadline Date 10 months 1 0 months from the effective date of this Agreement II. Consultant shall deliver the following tangible work products to the City by the following dates: A. All legal descriptions-within 10 months of the effective date ofthis Agreement. III. The Contract Officer may approve extensions for performance of the services in accordance with Section 3.2. 01203.0001/660488.11 BRJ D-1 B-34 From: Sent: To: Cc: Subject: Attachments: Good Afternoon, Katie Lozano Tuesday, January 19, 2021 11:37 AM CityCierk Ara Mihranian; Cory Linder Correction to Preserve Cost Analysis Chart updated cost analysisjpg Staff would like to submit this corrected cost analysis chart for tonight's City Council Agenda Item #2 on addressing parking and access issues for the Palos Verdes Nature Preserve. This cost analysis chart is attachment D. The corrections that have been made include: 1. Edited the term "endowment" to read "annual payment to PVPLC," and 2. Included Preserve Monument Signage under Capital Projects Thank you, Katie Lozano Senior Administrative Analyst Recreation and Parks Department City of Rancho Palos Verdes 310-544-5267 katiel@rpvca.gov To limit public contact and help prevent the spread of COVID-19, City Hall is temporarily closed to the public, but services are available by telephone, email, online and limited curbside service. Some employees are working on rotation and may be working remotely. Please note that our response to your inquiry could be delayed . For a list of department phone numbers, visit the Staff Directory on the City website. 1 J. 5G7 .000 )OtlCIO IC5,.9o4 6 fi .700 6\,700 105..CI28 17.400 11UOO "'-tOO 2.C OO 2.400 :uoo UIOO 3t.OOO 2$.000 I n1 7.000 12.181 5.700 &135 3.900 2., 7 2400 108..000 4 2$.000 30.000 10.000 lfi.OOO 1CS.OOO 15.000, 14000 IIIO.OQII 121 ,.:JO 25.000 25,.000 tS.OOO 20.SOO S.SOO 10.000 10000 UM.210 1,371-,'1'00 10,4'10 20,000 20.000 40.000 40.000 From: Katie Lozano Sent: Tuesday, January 19, 2021 12:52 PM CityCierk To: Subject: FW: Jan 19, 2021 City Council Meeting Agenda Item #2, Preserve Parking and Access Issues Attachments: 1-18-2021 Photo of Cars Parked on Inland Side of Crenshawjpeg; 1-16-2021 Photo of Cars on Crestridgee.JPG; 1-18-2021 Weekly Traffic and Traffic lntensity.png Late correspondence. From: AI and Kathy Edgerton <alnkathye@msn.com> Sent: Tuesday, January 19, 202112:50 PM To: CC <CC@rpvca.gov> Cc: Katie Lozano <KatieL@rpvca.gov>; Matt Waters <MattW@rpvca.gov>; Cory Linder <CoryL@rpvca.gov>; Daniel Trautner <DanieiT@rpvca.gov>; Ramzi Awwad <rawwad@rpvca.gov>; Ara Mihranian <AraM@rpvca.gov> Subject: Jan 19, 2021 City Council Meeting Agenda Item #2, Preserve Parking and Access Issues Dear Mayor and City Council Members, Attached is additional information that Del Cerro HOA has gathered for your consideration to help inform your decision-making regarding preserve parking and traffic issues. • First, attached is a photo taken by one of our residents about 5pm yesterday afternoon. It shows a line of cars parked on the inland side of Crenshaw beginning just a few feet beyond the Seacrest intersection-an area that has been red-curbed since 2015-with hazard lights blinking while visitors crossed the street to take selfies in the sunset. You can see from the photo that the resident who had just turned from Seacrest onto Crenshaw had to straddle the center yellow line to exit the neighborhood while a car was approaching from the other direction and pedestrians were walking toward the preserve in the northbound traffic lane. The area was red-curbed in 2015 to improve the unsafe conditions in the area where Crenshaw narrows. When cars were parked on both sides of the street often with doors open, there was only space for one car to pass through the area at a time, straddling the center yellow line. Fortunately, yesterday cars were illegally parked on only one side of the road. Otherwise, gridlock would have been the best outcome and the situation could have been worse. This is another example of our reasons for requesting that the City Council permanently designate the southbound (ocean) side of Crenshaw as a No Parking Zone from Rattlesnake Trail to Park Place. 1 J. • Second, the overall number of visitors to the preserve and vehicles parked in the area has substantially increased over the last few weeks. We have begun to see increasing numbers of people walking in the Crenshaw traffic lanes and vehicles parked on Crestridge from the Art Center westward to well beyond the Peninsula Community Church. Attached is a photo from this past Saturday (1/16/2021) shortly before noon showing vehicles parked on the south side of Crestridge all the way to the church's parking lot on the far (west) side of the Church. Vehicles filled the entire section of Crestridge except where portions were red-curbed. There were no vehicles parked in the Church or Art Center parking lots, so we saw no indication that any of the vehicles were related to an event at either location. We saw similar circumstances the previous Sunday (1/10/2021). in addition, some residents have commented that earlier on Saturday, there was also a line of parked vehicles on the north side of Crestridge that appeared to be those of preserve visitors. • Third, you will recall that, this summer, we provided to the Council estimates of the number of vehicles that were driven to the end of Crenshaw on a weekly basis for a 6-week period. The estimates were developed by one of our residents using one of his security cameras that had visibility from his back yard to Crenshaw. He counted the number of southbound cars passing through his camera view for the first 5 minutes of each hour from Gam through 8pm and extrapolated the number of cars in the 5- minute period to estimate the total of number of vehicles for each entire hour (an 8% sampling). He has continued to use that process to estimate weekly vehicle counts through last week, with the exception of a two-week period at the end of August. The estimates are shown in an attached chart. During the 6-week period this summer, the weekly vehicle count ranged from 7,000 to 8,000. After the parking spaces between Rattlesnake Trail and Park Place were red-curbed in early September, the number of vehicles dropped to 5,000 to 6,000 for a few weeks, then began to creep up. Over the last month the weekly vehicle count has been approximately 7,500-close to the level of the summer weeks when the days were substantially longer. The chart also includes a yellow line that indicates the number of vehicles per daylight hour. As the days have shortened, the increasing number of vehicles is being packed into fewer hours- intensifying the traffic effects during the daylight hours. Thank you for consideration of this information-particularly as it relates to our request to make the portion of Crenshaw between Rattlesnake Trail and Park Place permanently a No Parking zone and not to include it as a zone in the parking reservation system. Sincerely, 2 Kathy Edgerton President Del Cerro HOA 3 ~ N w ~ V1 CT\ ......, 00 U) .. .. .. .... .. ... .. ... .. 0 0 0 0 0 0 0 0 0 0 8 8 8 8 8 8 8 8 0 0 7/12 7/19 7/26 8/2 8/9 8/16 .-~ --i 8/23 ..., '"'0 0 (t) Q,) t1) l""'t a..., t1) OJ 8/30 c ~ n :J ~ ~ (t)O'Q 9/6 a."' -... < C"D .~ W'U NO -f C"D 9/13 ~~ " I 0 "' -t < 9/20 ·~ QJ --1 9/27 1: ..., ·--· OJ ·'-n ~ 10/4 ~ QJ n 10/11 ::1 e1 I . c. I 10/18 •• ~ I \ I • 10/25 I .... QJ J 0 11/1 = OJ -· < 11/8 n --· -C1Q 11/15 ::1 =r l""'t ,.... n 11/22 ·?:>· t1) OJ 11/29 :::s ..., "' VI -· ......... 12/6 ,.... :I: ~· < 0 12/13 c:: ..., 12/20 12/27 1/3 ~· ./ 1/10 1/17 \ 0 ~ N w ~ V1 CT\ ......, 00 U) ~ ~ 0 0 0 0 0 0 0 0 0 8 ~ 0 From: Katie Lozano Sent: To: Thursday, January 14, 2021 6:14AM fwei ner08@yahoo.com Cc: CC; CityCierk Subject: Fw: City Council Agenda for January 19, 2021 -Regular Business #2, Parking and Access Issues for the Palos Verdes Nature Preserve Hello Mr. Weiner, Thank you for your email, and your continued communication with staff on your observations and ideas while hiking in the Preserve. Your email will be included as late correspondence along with the January 19 City Council agenda item on Preserve parking and access. To participate in the meeting, please use the link below. https://www.rpvca.gov/772/City-Meeting-Video-and-Agendas Thank you, Katie Lozano Senior Administrative Analyst Recreation, Parks, and Open Space City of Rancho Palos Verdes 310-544-5267 To limit public contact and help prevent the spread of COVID -19, City Hall is temporarily closed to the public, but services are available by telephone, email, online and limited curbside service. Some employees are working on rotation and may be working remotely. 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: Fred Weiner [mailto :fweiner08@yahoo.com] Sent: Wednesday, January 13, 2021 5:05 PM To: CC <CC@rpvca.gov> Cc: Katie Lozano <KatieL@rpvca.gov> Subject: City Council Agenda for January 19, 2021-Regular Business #2, Parking and Access Issues for the Palos Verdes Nature Preserve Honorable Mayor and Members of the City Council, For more than 35 years, I have been a Rancho Palos Verdes resident and have enjoyed the quality of life our City affords. I have primarily participated in city government by providing input for community surveys and regularly voting in our elections. This is the first time I have directly contacted the City Council about a proposed City policy that would adversely affect me, my family, and other City residents. Approximately two (2) years ago, I began hiking in the wonderful Palos Verdes Nature Preserve. To gain access to the preserve, I obtained a City issued permit to park in designated areas and spaces 1 ~. adjacent to Del Cerro Park. Due to parking congestion issues in the area, last year I sent a couple of emails to the City Council with suggested remedies to improve the situation. Yesterday, I read the staff report for the City Council meeting scheduled for January 19, 2021, appearing under Regular Business. #2, Parking and Access Issues for the Palos Verdes Nature Preserve. I appreciate the efforts made on the part of the City Council and City staff to improve parking at the Nature Preserve. However, it appears the Agenda report, if approved by the City Council, is recommending using a reserve and fee system to allow anyone (non-residents) to reserve and park in the spaces adjacent to Del Cerro Park, and to change present policy so that residents with a City issued Parking Permit would now be required to reserve a space and be charged a FEE to do so. As a taxpayer that funds/supports City Services and an annual contributor to the Palos Verdes Land Conservancy, I strongly urge the City Council to recognize such citizen support for our city resources by continuing to designate the aforementioned parking spaces for City residents who have a City Issued Parking Permit, and that no fee be levied for such permit. Fred Weiner RPV Resident 2 From: Katie Lozano Sent: To: Sunday, January 17, 2021 5:18 AM CityCierk Cc: Subject: Ara Mihranian; Cory Linder Fw: Park Place Parking Late Correspondence. Katie Lozano Senior Administrative Analyst Recreation, Parks, and Open Space City of Rancho Palos Verdes 310-544-5267 To limit public contact and help prevent the spread of COVID-19, City Hall is temporarily closed to the public, but services are available by telephone, email, online and limited curbside service. Some employees are working on rotation and may be working remotely. 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: Katie Lozano Sent: Sunday, January 17, 2021 5:17AM To: fweiner08@yahoo.com Subject: Fw: Park Place Parking Hello Mr. Weiner, I collected more information on the thought behind eliminating the resident only parking area. The current proposed parking solution on Crenshaw Blvd. and Park Place is one cohesive solution that does not give preference to any particular group. It was thought that this configuration would work best to roll out this new parking solution. However, the ParkMobile System does have great flexibility, which could include a residential parking area, should the City Council direct staff to take that action. Thank you, Katie Lozano Senior Administrative Analyst Recreation, Parks, and Open Space City of Rancho Palos Verdes 310-544-5267 To limit public contact and help prevent the spread of COVID-19, City Hall is temporarily closed to the public, but services are available by telephone, email, online and limited curbside service. Some employees are working on rotation and may be working remotely. 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 From: Fred Weiner <fweiner08@yahoo.com > Sent: Wednesday, January 13, 202110:00 PM To: Katie Lozano Subject: Re: Park Place Parking Hi Katie, Thank you very much for the information. When we spoke I asked what is the rationale for the staff to propose that the Del Cerro Park (Park Place) parking spaces no longer be available solely for City residents with a valid Parking Permit, City residents must make a reservation to use them, and pay a fee to do so. What were you able to find out from City staff who worked on that part of the Agenda report? I sent an email to the City Council re that City Council Agenda item and copied you on it. Thank you, Fred Weiner On Wednesday, January 13 , 2021, 05:09 :19 PM PST, Katie Lozano <katiel@rpvca.gov > wrote : Hello Mr. Weiner, I apologize for the delay. I wanted to follow up on our phone call this morning. It is proposed in the staff report that the Recreational Permit Parking (for residents) be converted to general parking under the new parking solutions app. So the residential parking would discontinue if the City Council approves this method . Please let me know if that answers your question . It was nice talking with you this morning . Thank you, Katie Lozano Senior Administrative Analyst Recreation and Parks Department City of Rancho Palos Verdes 31 0-544-5267 katiel@rpvca .gov To limit public contact and help prevent the spread of COVID-19, City Hall is temporarily closed to the public, but services are available by telephone, email, online and limited curbside service. Some employees are working on rotation and may be working remotely. 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. 2 From: Sent: To: Cc: Subject: Teresa Takaoka Tuesday, January 19, 2021 11:48 AM CityCierk Katie Lozano FW: City Council Meeting Agenda-January 19, 2021 From: Fred Weiner <fweiner08@yahoo.com > Sent: Monday, January 18, 2021 9:32 PM To: David Bradley <david.bradley@rpvca.gov > Cc: Ara Mihranian <AraM@rpvca.gov>; Katie Lozano <KatieL@rpvca.gov> Subject: Re: City Council Meeting Agenda -January 19, 2021 Mayor Pro tern Bradley, Thank you very much for your email. I appreciate the thoughtful consideration by the City Council. I hope the City does not change its current policy by allowing those who do not have a City issued Parking Permit to park in the spaces adjacent to Del Cerro Park and LEVY a fee to residents with a City issued Parking Permit to park in those spaces. Fred Weiner On Monday, January 18 , 2021 , 08:19:18 PM PST, David Bradley <david.brad ley@rpvca .gov > wrote : MrWeiner, Thanks for your note . We are trying to come up with the fairest and most equitable solutions to our parking crisis . I appreciate your perspective and it will be taken into account at our meeting . Regards Dave David Bradley Rancho Palos Verdes City Councilmember and Mayor Pro Tern david.bradley@rpvca.gov (31 0) 487 -2418 Ce ll Phone City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Pa los Verdes, CA 90275 From: Fred Weiner [mailto :fweiner08@yahoo.com ] Sent: Friday, January 15, 2021 11 :33 AM 1 2. To: David Bradley <david.bradley@rpvca.gov> Subject: City Council Meeting Agenda-January 19, 2021 Hi Mayor Pro Tern Bradley, I was advised by the City Clerk's office that the best way to contact you was via email. I am writing to you about the City Council meeting agenda for January 19, 2021, Regular Business, #2, Parking and Access Issues for the Palos Verdes Nature Preserve. I submitted written comments on the above Agenda item to the City. Briefly, I have been a resident of our wonderful city for more than 35 years. I understand that the City staff is proposing to change present City policy by allowing non-residents to park in the designated spaces adjacent to Del Cerro Park and City residents with a City issued Parking Permit would be required to reserve a space and be CHARGED a FEE to park in those spaces. As a taxpayer that funds and supports City Services and annual contributor to the Palos Verdes Land Conservancy, I hope the City Council will continue to designate the aforementioned parking spaces for City residents who have a City Issued Parking Permit, and that no fee be levied for us to do so. Thank you very much for your consideration. Fred Weiner RPV Resident 2 From: Sent: To: Subject: Teresa Takaoka Tuesday, January 19, 2021 2:38 PM CityCierk FW: City Council Meeting January 19, 2021 -Regular Business, Item 2 From: Madeline Ryan <pvpasofino@yahoo.com> Sent: Tuesday, January 19, 2021 2:03 PM To: Katie Lozano <Katiel@rpvca.gov> Cc: CC <CC@rpvca.gov> Subject: City Council Meeting January 19, 2021-Regular Business, Item 2 Hello Katie, Mayor and City Councilmembers I haven't commented previously on the dilemma facing our City with regards to providing parking, shuttle service and relief to the impacted neighbors near trail heads and preserves, because I gave up trailering to Del Cerro several years ago, when curbside parking was difficult to find and inconsiderate/ignorant drivers parked too close to the rear of the trailer, thus preventing our trailer doors from being opened wide enough to load horses! After reading the five options provided, I just wonder if the City has considered or is prepared to accommodate horse and trailer parking at the Del Cerro site or Ladera Linda? I miss the Sunday afternoon trail rides into the Preserve and Forrestal area. In addition, as a resident and trail user I oppose any fees ( #3) placed on the public wanting to access public trails. Why isn't there a parking lot on PVDSouth near the Sandbox area of Portuguese Bend to accommodate week end visitors? Horse trailers? This was talked about when the Preserve was just an 'idea'. Many of us contributed to PV Land Conservancy to make the 'idea' a reality and trusted that a parking lot would soon follow. Very disappointed that our equestrian community from all peninsula cities are left out when parking is discussed. Thank you to City Staff for their hard work, balancing residents' concerns, but looking at all trail users equally. Madeline Ryan PVD East (Q) Zone resident 1 J. From: Sent: To: Subject: Lc Teresa Takaoka Tuesday, January 19, 2021 7:19AM CityCierk Re: crenshaw blvd mitigation From: Barry Rodgveller <rodgfamily@gmail.com> Sent: Monday, January 18, 2021 5:45 PM To: CC <CC@rpvca.gov>; rodgfamily@gmail.com <rodgfamily@gmail.com> Subject: crenshaw blvd mitigation Dear Mayor and City Council Members, Our family has lived on Burrell Lane for the last 38 years. The uptick in the number of visitors to the Portugese Bend Preserve, through the Burma Road entrance which is a mere 100 feet from our home, has been enormous. In previous years the crowd was primarily on weekends but now it is daily. Our family thanks you and your staff for the consideration and help you have given us the past few years. Unfortunately, much of your efforts that have been previously implemented have not curtailed the traffic or the visitors. The parking reservation system recommended by the staff that was made in the December report is thoughtful but needs to be monitored and enforced seven days a week while the Preserve is open. We are hoping that once this is put in place it will give our neighborhood some relief. We agree that the visitors should be able to park for free 7-9 am weekdays and that a three-hour reservation time block is an appropriate amount of time for people to visit the Preserve, hike and return to their cars. It would be helpful in reducing traffic congestion and illegal dangerous U- turns to continue the red stripping of the curb between the Rattlesnake Trailhead and Park Place. There also seems to be a safety issue when residents of Valley View and the parishioners of StJohn Fisher are exiting 1 onto Crenshaw Blvd. For safety sake this area should also be red stripped. The recommendation of improving other trail heads that lead to the Preserve will also be helpful in reducing the number of visitors that enter through Burma Road. We are hopeful that after the implementation of the staff's recommendations, our neighborhood will get some relief. Thank you all for your continued consideration and help. Barry and Hilda Rodgveller 6 Burrell Lane RPV 2 From: Sent: To: Subject: Lc Teresa Takaoka Tuesday, January 19,2021 7:18AM CityCierk Re: Preserve parking issue --please share with council members From: Katie Lozano <Katiel@rpvca .gov> Sent: Monday, January 18, 2021 5:51 PM To: arcaplan2@gmail.com <arcaplan2@gmail.com> Cc: CC <CC@rpvca .gov>; CityCierk <CityCierk@rpvca.gov> Subject: Fw: Preserve parking issue --please share with council members Hello Ms. Caplan, Thank you for your email. It will be included as late correspondence with the January 19 City Council agenda item on Preserve parking and access. Thank you, Katie Lozano Senior Administrative Analyst Recreation, Parks, and Open Space City of Rancho Palos Verdes 310-544-5267 To limit public contact and help prevent the spread of COVID -19, City Hall is temporarily closed to the public, but services are available by telephone, email, online and limited curbside service. Some employees are working on rotation and may be working remotely. 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: Anita & Bob Caplan <arcaplan2@gmail.com> Sent: Thursday, January 14, 2021 3:57 PM To: CC <CC@rpvca.gov> Subject: Preserve parking issue --please share with council members I am a 78 -year old resident of Redondo Beach. I enjoy walking in the preserve almost every week and I contribute to the Conservancy every year . The top of Burma Road affords a constantly -changing view like no other. Please consider the following points: 1. Because of my age and knee problems, the increa se d walking distance from parking below Crest on Crenshaw makes it prohibitive for me to take a very long walk in the preserve. 1 !l 2. Environmental education is essential to saving our planet. We should encourage more people (especially families with children) to enjoy and appreciate what the Conservancy offers--not restrict it. How else can we expect the public to support wild-area policies if they have never experienced it and if the opportunities are limited to few. 3. Experiencing a beautiful landscape is especially important during the time of Covid19. Walking in the Preserve can alleviate depression and provide much-needed fresh air and exercise. Now is not a good time to restrict access. Thank you for your consideration. Anita Harrison Caplan 310-706-5089 2 From: Sent: To: Cc: Katie Lozano Monday, January 18, 2021 5:46PM lorettadaniels7@gmail.com CC; CityCierk Subject: Fw: Agenda Item #2, Preserve Parking and Access Issues Hello Ms. Daniels, Thank you for your email. It will be included as late correspondence with the January 19 City Council agenda item on Preserve parking and access. Thank you, Katie Lozano Senior Administrative Analyst Recreation, Parks, and Open Space City of Rancho Palos Verdes 310-544-5267 To limit public contact and help prevent the spread of COVID -19, City Hall is temporarily closed to the public, but services are available by telephone, email, online and limited curbside service. Some employees are working on rotation and may be working remotely. 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: Loretta Daniels [mailto:lorettadaniels7@gmail.com] Sent: Monday, January 18, 2021 3:12 PM To: CC <CC@rpvca .gov> Subject: Agenda Item #2, Preserve Parking and Access Issues Dear Mayor and City Council Members, I am a Del Cerro Resident with my backyard adjacent to the Upper Burma Dirt Road. The Staff's recommendation for a Parking Reservation System, is sincerely appreciated. This should help reduce traffic along Crenshaw Blvd. significantly. Areas of Concern: Please exclude, from the Parking Reservation System, the 10 spaces from Rattlesnake to Del Cerro Park and the parking spaces adjacent to the Exit from the St. John Fisher (SJF) driveway. Traffic at the end of Crenshaw Blvd entering our Del Cerro neighborhood has been significantly improved with the Red Stripping of the curb from Rattlesnake Canyon Trailhead to the Del Cerro Park, parking lot driveway. The road is so narrow at that point, that when people making U-Turns 1 along that narrow stretch of road it is J_ dangerous. Also, as a Parishioner of St. John Fisher, turning left out of the SJF Crest Road Parking Exit is difficult because I cannot see oncoming traffic. Red stripping the curb from Valley View Road to the St. John Fisher Driveway would solve the lack of visibility of oncoming traffic. An Excerpt from SJF Msgr. Sork's Email for Dec. 15, 2020 City Council Meeting "Parking in a residential neighborhood does have negative consequences both to the residences of these neighborhoods. For St. John Fisher specifically, the proliferation of cars parked along Crenshaw Boulevard has created a hazard for people exiting from our Crenshaw exit. It is difficult to turn out of our lot because the cars parking on the east side of Crenshaw block the view. I recommend painting it red on that side." Thank you for your diligence in helping to restore the tranquility and quality of life to Del Cerro Residents. Be Well, Lori Daniels 2 From: Teresa Takaoka Sent: To: Tuesday, January 19, 2021 3:19PM CityCierk Subject: FW: Palos Verdes Nature Preserve Public Access From: Gerwein, Joei@SCC <Joei.Gerwein@scc.ca.gov> Sent: Tuesday, January 19, 2021 3:02 PM To: CC <CC@rpvca.gov>; Ara Mihranian <AraM@rpvca.gov>; Katie Lozano <Katiel@rpvca.gov>; Eric Alegria <Eric.Aiegria@rpvca.gov>; David Bradley <david.bradley@rpvca.gov>; John Cruikshank <John.Cruikshank@rpvca.gov>; Ken Dyda <Ken.Dyda@rpvca.gov>; Barbara Ferraro <barbara.ferraro@rpvca.gov> Cc: Walsh, John@Wildlife <John.Walsh@wildlife.ca.gov>; Cooper, Megan@SCC <Megan.Cooper@scc.ca.gov>; Schuchat, Sam@SCC <Sam.Schuchat@scc.ca.gov> Subject: Palos Verdes Nature Preserve Public Access Dear Rancho Palos Verdes City Council Members, I am writing on behalf of the Coastal Conservancy staff to comment on the proposed parking reservation system to be installed on Crest Rd and in Del Cerro Park which will be considered at tonight's City Council meeting. The Conservancy provided funding for the acquisition of this Preserve. One of the acquisition purposes is public access. The grant agreement which the City entered into with the Conservancy prohibits the City from managing adjacent properties in a manner that would interfere with the acquisition purposes. The Palos Verdes Nature Preserve provides valuable access to beautiful open spaces for visitors throughout the region, and Conservancy staff opposes actions by the City to restrict access. Conservancy staff met with City staff last week to discuss the situation at the Preserve. Conservancy staff appreciates that visitation to the Portuguese Bend Preserve has grown significantly since it became popular on social media and even more during the pandemic. Conservancy staff is not opposed to efforts by the City to spread out visitation amongst the many trailheads at PVNP, and to encourage visitors to use locations with more available parking. Conservancy staff is also supportive of reducing the number of parking spaces restricted to City residents, such as those at Del Cerro Park. However, Conservancy staff is opposed to measures that will impose barriers to access, particularly barriers that will have a greater effect on low-income visitors. For this reason, Conservancy staff is opposed to charging for parking near the Portuguese Bend trailheads. I note that City staff have recommended setting parking rates near the high end of parking rates at open space areas in the region. High parking rates will pose a barrier to low-income visitors. This is of particular concern right now, when access to open space is especially important for the mental health of everyone in the region, and when so many people are suffering from job loss. City staff also recommend requiring that parking reservations be made two hours in advance. This would prevent visitors who are not aware of the new requirement from visiting the Preserve. Staff noted that there was a significant period after similar changes were made elsewhere when parking was underutilized because people made reservations and didn't utilize them. This is not a desirable outcome, particularly right now when open space access is so important. 1 Coastal Conservancy staff suggests that the City work with the Palos Verdes Peninsula Land Conservancy to develop a new access plan that will look at the Preserve as a whole, and that will include a goal of maintaining or expanding access for visitors from the region who face barriers to open space access, such as low-income visitors. The City should survey users about how proposed changes will affect their ability to visit the Preserve, and take those responses into account in making changes to parking and access infrastructure. The City should also consult with organizations focused on regional access to open space, such as Nature for All, Community Nature Connection, Outdoor Afro, Latino Outdoors, Los Angeles Neighborhood Land Trust, and Heal the Bay . The organizations could share their expertise to help the City come up with solutions to address the concerns of City residents and neighbors while maintaining access. Coastal Conservancy staff would be happy to help the City in this type of planning and connect it with partners. Sincerely, Joel Gerwein Joel Gerwein South Coast Program Deputy Manager California State Coastal Conservancy 1515 Clay St, lOth floor Oakland, CA 94612-1401 Email: joel.gerwein@scc .ca .gov Tel: 510 -286 -4170 Cell: 510 -590 -7393 **During the statewide shelter-in -place order, all Conservancy staff are working from home. Please use email as the primary way to contact us. The Conservancy's response to the COVID -19 virus can be found on our website at [scc .ca .gov]scc .ca .gov . The latest state guidance on the virus can be found here .* 2 Every Californian should conserve water. Find out how at: [saveourwater.com]saveourwater.com [Drought.CA.gov]Drought.CA.gov 3 From: Katie Lozano Sent: To: Sunday, January 17, 2021 5:14AM larryhaddad@yahoo.com Cc: CC; CityCierk Subject: Fw: Palos Verdes Nature Preserve Parking Mitigation Status Report -resident feedback Hello Mr. Haddad, Thank you for your email. It will be included as late correspondence with the January 19 City Council agenda item on Preserve parking and access. Thank you, Katie Lozano Senior Administrative Analyst Recreation, Parks, and Open Space City of Rancho Palos Verdes 310-544-5267 To limit public contact and help prevent the spread of COVID-19, City Hall is temporarily closed to the public, but services are available by telephone, email, online and limited curbside service. Some employees are working on rotation and may be working remotely. 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: Larry Haddad <larryhaddad@yahoo.com> Sent: Wednesday, January 13, 2021 9:12PM To: CC <CC@rpvca.gov> Subject: Palos Verdes Nature Preserve Parking Mitigation Status Report-resident feedback Dear Council Members, Thank you for the effort you have made on this project. As a 24 year RPV resident, I serve up suggestions comments for you to consider on 2 parts of the proposal. 1. Parking RPV residents should have access to discounted parking fees near the trailheads. 2. Alta Vicente Reserve trailhead improvements at Upper Point Vicente Park/Civic Center; Upper Point Vicente Trails I benches should have more shade. Please plant more trees along the trail and at the trailhead. Adding more picnic tables to upper Pt Vicente, especially where there are some of the vest views should be considered too. The lower Pt Vicente picnic area is very popular and it would be nice to have additional amenities for residents, visitors and city hall employees in the upper part of the park. 1 Thank you for your consideration, Larry Haddad 30643 Rue Valois RPV CA 90275 larryhaddad@yahoo.com 2 From: Sent: To: Cc: Subject: Hello Mr. Lebovitz, Katie Lozano Thursday, January 14, 2021 3:39 PM bardolator1230@gmail.com CC; CityCierk Re: January 19 City Council Meeting -Parking Mitigation Thank you for you email. I'd like to provide some additional information. On October 20, the City Council approved dedicated parking enforcement for the Preserve, and the Portuguese Bend and Filiorum Reserve trailheads will be Parking Rangers' immediate priority. One Parking Ranger was hired in late December, and we anticipate the second to be hired by the end of January. In December, Park Rangers issued 180 parking citations in the Del Cerro and Park Place area, including the loading zone. We are looking forward to the enhanced public service and enforcement of the new parking solutions that the Parking Rangers will provide. Also, the parking rates that are being proposed are not intended to improve traffic conditions on Crenshaw Blvd. south of Crest Rd. by deterring the public from coming, rather the 3 hour blocks of time and required advanced reservations are proposed to reduce traffic conditions by reducing the number of vehicles driving, idling, and waiting for parking sports on this dead-end segment of Crenshaw Blvd. Regarding the public outreach, if the City Council approves the proposed contract with ParkMobile, staff will work with the public and the Palos Verdes Peninsula Land Conservancy on a public outreach campaign on the new parking system. Outreach for the January 19th City Council meeting was completed through the methods you list below, as well as on the City's main webpage and the Recreation and Parks webpage. However, the City cannot control content on outside agency websites, like All Trails. However, we are working with a Search Engine Optimization consultant to improve communication with other entities posting inaccurate or misleading information about the Preserve. Staff will also be working with a traffic consultant on a traffic analysis to look at circulation, traffic safety, and traffic calming measures at key Preserve entry points, including Crenshaw Blvd. north and south of Crest Rd., and this study will be expediting efforts in the Del Cerro Neighborhood. The City is dedicated to looking at methods to disperse use from this heavily impacted trailhead to other Preserve entry points to ultimately balance public access with protection of resident quality of life and natural resource protection. Thank you, Katie Lozano Senior Administrative Analyst Recreation, Parks, and Open Space City of Rancho Palos Verdes 310-544-5267 To limit public contact and help prevent the spread of COVID -19, City Hall is temporari ly closed to the public, but services are avai lable by telephone, email, online a ~d limited curbs ide service. Some employees arec:J ' working on rotation and may be working remotely. 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: Michael Lebovitz <bardolator1230@gmail.com> Sent: Wednesday, January 13, 20211:07 PM To: CC <CC@rpvca.gov> Subject: January 19 City Council Meeting-Parking Mitigation To Whom It May Concern- In advance of the January 19 City Council meeting, we are writing again to provide our input on the ongoing parking issue at the Del Cerro entrance to the reserve. We understand that the Council is being asked to approve the use of the ParkMobile app to create a system of paid reserved parking. While we applaud this initiative (which was repeatedly suggested and rejected by the Council in the past), the approach needs to be changed in several important respects: • More funds need to be allocated for enforcement-people are still going to come up and park illegally. Absent vigilant enforcement, the reservation system will just create frustration and will not mitigate traffic. Hikers will simply gravitate to the neighborhood and risk the ticket. • The staff report indicates that reservations will be required in advance of showing up. Again, this won't work because cars will just double park and idle while they are waiting for a reservation and spot. • There should be no free period and the rates should be the same for all zones. People are not deterred by the 1f4 -V2 mile walk to the trailhead. The rates should be the same. The issue is getting a space not where it is. The fines for violation need to be higher. • The reservation system should extend north of Crenshaw as well. • During the installation of the system, the entire street (including north of Crenshaw) should be red curbed to allow for a cooling off period and to give the public the chance to see that a new system is being implemented. 2 Other mitigation efforts need to be implemented immediately. This includes the expanded public outreach we wrote about last month. The staff report notes the following: "Extensive public outreach regarding this item has been conducted. Staff has placed notices at major trailheads, letters were mailed to residences within a 500-foot radius of Del Cerro and Upper Point Vicente Park/Civic Center and Preserve and Breaking News listserv messages and social media posts were sent to disseminate information." As we noted last month, there is nothing on the RPV or PVPLC websites about parking constraints which would be among the places hikers would go. It's not clear where there has been social media posting about this but one of the leading hiking websites-All Trails-has nothing from the City or PVPLC about this. Instead, here is a recent post indicating how likely it is that the public will comply with any new system-"The uphill portion of this loop is technically blocked off as a downhill one-way, which we ignored ... " This was posted less than two weeks ago. Every day, people are parked illegally in the loading area and are not ticketed. Better signage needs to be installed on Seacrest to more clearly indicate that there is no trail parking in the neighborhood. Illegal parking is becoming more common. As other residents have noted, there needs to be a balance between the interests of the residents and the interests of the hikers. The balance has been skewed in favor of the hikers for so long now that the public does not respect the right to enforce reasonable restrictions on the use of the reserve. Many residents feel particularly betrayed by the Council and PVPLC especially those of as many of us that contributed substantial sums to help create and preserve the area for the public that is now abusing it. While a parking reservation system is a good step, it is time for the Council to reconsider the other options previously rejected including revisiting creating parking at the bottom of the hill on PV Drive South. The reservation system will raise revenue (which could be used for more enforcement) but it won't mitigate traffic. The only way to do that is to red curb and more effectively direct hikers to other trail heads. Thank you. Michael Lebovitz Del Cerro Resident 3 From: Katie Lozano Sent: To: Thursday, January 14, 2021 6:36 AM CityCierk Subject: Fw: Nature Preserve Parking Mitigation Status Report Late correspondence. Katie Lozano Senior Administrative Analyst Recreation, Parks, and Open Space City of Rancho Palos Verdes 310-544-5267 To limit public contact and help prevent the spread of COVID -19, City Hall is temporarily closed to the public, but services are available by telephone, email, online and limited curbside service . Some employees are working on rotation and may be working remotely. 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: Katie Lozano Sent: Thursday, January 14, 2021 6:34AM To: Leslie Chapin; Matt Waters; Cory Linder Cc: B-Shujaat Ali; Noel Park; F-John Spielman; F-Mac Chapman; F-William Quan; L-Jonothan Hotelier; V-Mohsen Saidinejad; W-Eugene and Stephanie Miyata Subject: Re: Nature Preserve Parking Mitigation Status Report Hello Mr. Chaplin, Thank you for your email. Implementation will be a learning process (for staff as well as the public). Staff proposes to work with the consultant (ParkMobile), who has a lot of experience rolling out these types of parking solutions, on how to educate the public and make sure reserved spaces are retained for those making the reservations. One idea that we will likely use during at least the first few months of implementation, is holding back a parking space or two in each "zone." Since those making reservations are reserving any spot within one of the six zones, this will leave a few extra spaces for those with valid reservations, and our new dedicated parking enforcement will cite violators. There will also be a large scale public education effort, since the public will need to be educated and become accustomed to the parking changes. Since we have one of our two dedicated Parking Enforcement Rangers already on board, and our Park Rangers assist with citations, the public is already becoming accustomed to the fact that parking violations do get enforced in this area. The addition of our additional Parking Enforcement Ranger will greatly help this effort. Staff is also proposing to raise the parking citation fine from $50 to $110 in the January 19th Staff Report, to further deter individuals from violating parking rules. Thank you for the feedback that we should provide more information on the enforcement part of this effort. Overall, we are excited about the improved conditions this parking solutions effort will bring, but the City recognizes that there will be a very involved public education process as the program starts. To participate in the January 19th City Council Meeting, please use the link below. 1 · https://www.rpvca.gov/772/City-Meeting-Video-and -Agendas Thank you again for your email and feedback . Thank you, Katie Lozano Senior Administrative Analyst Recreation, Parks, and Open Space City of Rancho Palos Verdes 310-544-5267 To limit public contact and help prevent the spread of COVID-19, City Hall is temporarily closed to the public, but services are available by telephone, email, online and limited curbside service. Some employees are working on rotation and may be working remotely. 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: Leslie Chapin <les .alice@cox.net> Sent: Wednesday, January 13, 2021 4 :23 PM To: Matt Waters; Cory Linder; Katie Lozano Cc: B-Shujaat Ali; Noel Park; F-John Spielman; F-Mac Chapman; F-William Quan; L-Jonothan Hotelier; V-Mohsen Saidinejad ; W -Eugene and Stephanie Miyata Subject: Nature Preserve Parking Mitigation Status Report Hello you three, I enjoyed with respect all the hard work that went into your subject report. Wow! I was impressed. I had a comment that I wanted to pass along and that is associated with parking and all other park visiting "enforcements". What does a customer that has used the identified App do when they get to their reserved parking spot and there is a vehicle in that spot? Based on the Emails that Katie included in the report there are those in the parks, and I agree, that there are those who are certainly defiant and non -compliant. They don't wear recommended masks, allow their animals to roam free, and are certainly going to park in whatever spot they can find . They will look you in the eye and tell you this is a free country. And when they are confronted then what happens? It could be that a fleet of tow trucks are going to be required and where are those vehicles going to be towed to or are they even going to be towed? Is the Lomita sheriff's station aware of where this is potentially headed? I don 't think enforcement was well defined and received enough coverage in your report. I am certainly wishing you good luck with this task. Your good friend, Les Chapin 6710 Verde Ridge Road 310-377 -1139 les .a lice @cox. net 2 From: Sent: To: Subject: Late carr -----Original Message----- Teresa Takaoka Wednesday, January 13, 2021 4:15 PM CityCierk FW: Portuguese Bend Landslide Control Environmental Impact Report Notice of Preparation Comments From: Noel Park [mailto:noelparkone@gmail.com] Sent: Wednesday, January 13, 2021 4:07 PM To: CC <CC@rpvca.gov>; Ara Mihranian <AraM@rpvca.gov>; Ron Dragoo <RonD@rpvca.gov>; Ramzi Awwad <rawwad@ rpvca .gov> Subject: Portuguese Bend Landslide Control Environmental Impact Report Notice of Preparation Comments I have attended all of the public meetings related to this project. I have offered many comments at those meetings and have participated in posting comments on the display boards, as have many of my fellow Rancho Palos Verdes residents. I assume that all of that is part of the public record. Please incorporate it by reference into the preparation of this EIR. I have sent a number of comment emails to the City over the period of consideration of the project. These must be part of the public record as well. I ask that they be incorporated by reference as well. I have recently attempted to find them in my files and have recently forwarded them again for your convenience. I am a long time member of, and contributor to, the Palos Verdes Peninsula Land Conservancy (PVPLC). They have demonstrated an extreme level of expertise concerning all aspects of Nature Preserve stewardship, restoration and management. I totally agree with and support any comments which they may submit. Please add me as another resident voice supporting their comments. This proposed project would take place largely in a dedicated nature preserve. The nature preserve was founded for the purpose of protecting and restoring Coastal Sage Scrub habitat which has largely disappeared in California. This was also intended to provide habitat for endangered and threatened species such as the California Gnatcatcher, the Cactus Wren, and the Palos Verdes Blue butterfly. Equally important in my view is that it also provides a place to live for a wide variety of other wildlife. As such, I submit that there is a responsibility to do any project with extreme sensitivity and to go over and above such concepts as "take", to ensure that the project does not degrade the habitat in any way and, in fact, enhances it. I would also submit that the City controlled property, popularly known as "Gateway Park" should be treated with equal sensitivity to the extent that it contains Coastal Sage Scrub habitat. Under the California Environmental Quality Act (CEQA) there is a Duty To Mitigate. It requires the following: 1. Avoid negative environmental impacts to the greatest extent possible. 2. Minimize those impacts which cannot be avoided to the greatest extent possible. 3. Mitigate for those impacts which remain after avoidance and minimization. Possibilities for avoidance and minimization are good. I have suggested many times that the designers should work in cooperation with the recognized experts ofthe PVPLC to adjust the alignment of installations to avoid and minimize the removal of or damage to existing CSS. A prime example is th~ staging area shown on the drawings. The PVPLC note2 that it covers an area of prime CSS habitat. It should be relocated. Likewise, the alignment of other features such as flow channels could be adjusted. Construction and maintenance access roads and construction staging areas are equally impactful. They should be considered and controlled at the same level as the permanent installations. This was discussed with the City's consultants. We were assured that it could be done. The City's representatives should walk the site with the PVPLC representatives as many times as it takes to make sure that this is done. After the impacts are avoided and minimized, there must be mitigation for any CSS removed. Again, this is a nature preserve. To blithely say, as the NOP document suggests, that we are allowed so many acres of "take" is unacceptable in my view. The whole reason for the Nature Preserve is to preserve and restore the CSS. To remove it without replacement is it unthinkable to me. The City has a moral obligation to make the Nature Preserve whole for whatever CSS habitat is destroyed. The project area contains many very large, mature, CSS specimens. CSS plants are very slow growing. Many of them could easily be over 50 years old. Therefore, a way must be found to mitigate for their loss. We learned from the Mitigated Negative Declaration for lower Hesse Park that the City was required to replace any acreage of CSS removed on a 3:1 basis. We have learned that in the Nature Preserve this has somehow been reduced to 2:1. I won't even attempt to adequately express my feelings about that. My sense is that these ratios are somehow intended in part to account for the fact that the existing plants tend to be replaced with smaller seedlings which will take many years to mature. In any case some method must be devised to provide appropriate mitigation. I earnestly suggest that the City enter into a collegial, cooperative, effort with the PVPLC to make it so. The City should contract with the PVPLC to reimburse it for the cost of such mitigation. There should be qualified environmental monitoring personnel on site during all construction to ensure that endangered and threatened species and other wildlife, and adjacent CSS habitat, are protected. There will clearly be aesthetic impacts. In particular, the proposed retention basin will presumably be dry most of the time. This will present a vista of several acres of dry, plastic lined, pond to visitors and the public traveling by on Palos Verdes Drive South (PVDS). The visual impact of the various channels, and the resulting removal of CSS ground cover, should be analyzed as well. Mitigation should be provided for this, presumably in the form of additional CSS plantings. The retention basin may slowly retain sediment and need to be cleaned out. Mitigation should be provided for any CSS removed to provide access roads and spoil removal. There is a proposal to construct a parking lot for the Nature Preserve at the "Gateway Park". I note that this has been postponed until the landslide is "stabilized". It would still seem appropriate to analyze how it would interface with the project under consideration. In particular, how would the public access the site with its cars? I discussed at length in a previous email the lack of any current soil borings other meaningful on site geotechnical investigation regarding this project. This would seem to be an extremely high risk strategy. I direct your attention to the Pacheco Dam in Santa Clara County. The news this week reported that the cost had suddenly jumped from $1.3 billion to $2.3 billion as a result of recent soil borings of the foundation conditions. The drawings make no mention of what happens to the water after it exits the culvert under PVDS. Clearly, there is likely to be erosion as the water goes down the bluff to the ocean. Also, there would seem to be a good possibility of turbidity carried down from above PVDS. This needs to be addressed. The Infrastructure Management Advisory Committee (IMAC) has made a very effective report regarding the project. They also presented to the scoping meeting. I agree with their findings and urge you to pay strict attention to them. You have their work product, so I won't repeat it at length here. But a few point bear reinforcement. 2 They suggest changing the phasing and doing the hydraugers first. That makes total sense. They stated that the hydraugers are expected to provide some 80% of the slowing of the slide. Clearly, the slide will not stop immediately, but will slow over time. Considering that some areas of the slide are reputed to be moving as much as 11 feet per year, the surface improvements would be highly exposed to damage or destruction if done first. He who ignores history is doomed to repeat it. The flow line from the proposed retention basin to the existing culvert should be accurately surveyed immediately as a matter of urgency. If, as seems likely, there is not sufficient fall to convey the water, alternatives must be considered. If the grade of the retention basin must be raised, extensive additional grading, with the consequent impacts will be required. The IMAC has recommended studying a new culvert better aligned with the retention basin or possibly doing away with it. The I MAC has done the City a great service in analyzing this project. You would be wise to pay close attention to their findings. In summary, I have no objection to a project to control the landslide if the City judges it to be cost effective, and if every possible effort is made to make sure it works. My overriding concern is to see that the integrity of the Nature Preserve, its CSS habitat and its wildlife are maintained and enhanced by any such project. Thank you for your consideration, Noel Park 6715 El Rodeo Road Rancho Palos Verdes CA 90275 562-413-5147 Sent from my iPhone 3 TO: HONORABLE MAYOR & CITY COUNCIL MEMBERS FROM: CITY CLERK DATE: JANUARY 18, 2021 SUBJECT: ADDITIONS/REVISIONS AND AMENDMENTS TO AGENDA _____________________________________________________________________ Attached are revisions/additions and/or amendments to the agenda material received through Monday afternoon for the Tuesday, January 19, 2021 City Council meeting: Item No. Description of Material L Email from Sunshine 2 Emails from: Gary Randall; Carrie Fernandez; Barbara Chan; Del Cerro HOA President Kathy Edgerton; Mediterrania Homeowners Association; Tom and Michele Jacobson; Sunshine (see Item L); Joe Cruz; Linda Jacobson Fester; Ed Hummel; Rancho Crest HOA President Louis Smolensky; Pamela Adrain; Mike Peterson Respectfully submitted, __________________ Emily Colborn L:\LATE CORRESPONDENCE\2021\2021 Coversheets\20210119 additions revisions to agenda thru Monday.docx From: Teresa Takaoka Sent: To: Monday, January 18, 2021 9:40 AM CityCierk Subject: FW: Conditional Use Permit process and RPV CC Jan. 19, 2021 Agenda Items Land 2 LC From: SUNSHINE <sunshinerpv@aol.com> Sent: Friday, January 15, 2021 6:53 PM To: CC <CC@rpvca.gov>; CityCierk <CityCierk@rpvca.gov> Cc: PC <PC@rpvca.gov> Subject: Conditional Use Permit process and RPV CC Jan. 19, 2021 Agenda Items Land 2 Dear Mr. Mayor, Council Members and Planning Commissioners, I am writing in response to the NOTICE dated December 10, 2020, that the City's Planning Commission will be considering the granting of a Conditional Use Permit (CUP) for the City's request to allow site improvements at the Ladera Linda Park and Community Center. Although the Notice contains a lot of information about the proposal, it does not contain all of the information which a private developer would have had to provide. I am strongly in support of requiring every City maintained facility to be designed and "vetted" to the same standards as are private facilities. This is not just a matter of being sure that the "entitlements" comply with City Codes and mitigate environmental impacts. Proposed private developments are scrutinized in relation to a plethora of City Council approved plans and policies. The PV Preserve is a "theme park" without adequate infrastructure support because it has never been through the appropriate vetting process. Staff's Recommendations in Item L should have been done as a part of the acquisition of each of the properties which make up each of the Reserves and particularly the creation of the "Gateway Park" site. Staff's Recommendations do not create a public review of the solutions to the previous errors and omissions. Staff's Recommendations in Item 2 are expensive Band-Aids which may need to be reversed when all of the of the impacts on the community at large are reviewed, if ever. The scheduled Public Hearing before the Planning Commission, on Ladera Linda, is premature and technically unnecessary. The "updates" of the RPV Official General Plan Land Use Map and the Official Zoning Map have not yet been presented for public review. They contain some needs for 1 Council Policy decisions. I have not been able to get these discussions onto the Council's Study Session Agendas. I have started a search for a list and DocumentCenterNiew number for each of the "Plans" which Staff is supposed to be using to advise their current, administrative decision-making. The search is not going well. The Trails Network Plan is not the only one which seems to have gone missing. Do each of our parks now have their own Master Plan? Cory Linder promised to maintain the Parks Master Plan as a "living document". The Council recently approved an update of the Hazard Mitigation Plan and the Trails Network Plan is no longer referenced under infrastructure maintenance. Putting a City proposed new facility (Ladera Linda) through the Conditional Use Permit process is a first. I am appalled that it is being done, and funded with tax payer dollars, because Staff has neglected to update the City's Zoning Map. I would prefer that Staff chose to request the funding (Staff Time and/or Consultant fees) in order for all projects to take advantage of the efficiencies of joint projects particularly when they are proposed on the same piece of land. January 19, 2021 is another opportunity for Council to reject Staff's incompetence and/or ulterior motives. I no longer care which it is. I just wish Council would make them stop. The Brown Act is being abused. Citizen input should come first. Notice the difference between who is listed as having drafted the original RPV General Plan and who is credited with producing the current one. Same goes for all of the "Plans" which I remember and can't seem to find on the City's web site. Sincerely, SUNSHINE 6 Limetree Lane RPV, CA 90275 31 0-377-8761 su nsh inerpv@aol. com 2 From: Teresa Takaoka Sent: To: Monday, January 18, 2021 2:40 PM CityCierk Subject: FW: Visitation Alert to IMAC, Preserve Mitigation Meeting, Finance Advisory committee, Traffic Committee, Planning Commission, Preserve Public Forum LC From: Teresa Takaoka Sent: Monday, January 18, 2021 8:11AM To: Katie Lozano Subject: FW: Visitation Alert to I MAC, Preserve Mitigation Meeting, Finance Advisory committee, Traffic Committee, Planning Commission, Preserve Public Forum Is this late corr? From: grapecon@cox .net <grapecon@cox.net > Sent: Monday, January 18, 2021 5 :44AM To: 'Donald Bell' <dwbrpv@gmail.com >; CC <CC@rpvca.gov >; Ara Mihranian <Ar aM@rpvca.gov>; imac <imac@rpvca .gov>; PC <PC@rpvca .gov >; Ken Rukavina <krukavina@rpvca.gov >; Ramzi Awwad <rawwad@rpvca.gov >; Cory Linder <Coryl@rpvca.gov >; Parks <Parks@rpvca.gov >; PublicWorks <PublicWorks@rpvca .gov > Subject: RE : Visitation Alert to IMAC, Preserve Mitigation Meeting, Finance Advisory committee, Traffic Committee, Planning Commission, Preserve Public Forum Additionally, when I passed Abalone Cove at 1:45 p.m. yesterday, there was a line of 12 to 15 cars waiting to enter. These cars were lined up in the bike lane on PVDS, partially in the rightmost vehicle lane, and in violation of the No Parking/No Stopping signs. Very dangerous condition for motorists and especially cyclists . Since it is always good to provide possible solutions when registering a complaint, how about having a sign out on PVDS indicating when the lot is full, and that absolutely no line forming is allowed. You might need also some "No U turn" signs at locations on both sides, or cars will resort to looping back and forth (clogging up PVDS even more) waiting to see someone exit and then pulling in. In order to make all this effective, you would need to have sherrif's aggressively enforce. Put a notice on the digital display signs entering the city that all traffic and parking laws will be strictly enforced .... and then do it!! ·You may not like my suggestion, but I encourage you to work on solutions for this and the items Don describes below. Whatever you do, please do not increase the size of the parking lots or add additional parking areas ...... this will only serve to encourage more people to come, with the end result over time being worse than the current situation, with more traffic congestion . Gary Randall From: Donald Bell <dwbrpv@gmail.com > Sent: Sunday, January 17, 202110:02 AM To: CC <CC@rpvca .gov >; ara Mihranian <AraM@rpvca .gov >; imac@rpvca.gov; pc@rpvca.gov; krukavina@rpvca.gov; 1 cJ. rawwad@rpvca .gov; Cory Linder <CoryL@rpvca.gov >; parks@rpvca .gov ; publicworks@rpvca.gov Cc: Home Bell <dwbrpv@gmail.com > Subject: Re: Visitation Alert to I MAC, Preserve Mitigation Meeting, Finance Advisory committee, Traffic Committee, Planning Commission, Preserve Public Forum Hi Just an update from my experience Saturday at 4:45PM as I left Ladera Linda to get a Take Out order in San Pedro (definitely a mistake!). Visitors were parked on Pirate. As I was waiting to drive down Forrestal a giant, lifted pickup with roaring exhaust blasted up Forrestal and past the entrance to Ladera Linda Park . He did a very fast u-turn before the gate. I assume he went into the parking area. Cars were parked in all the legal spots down Forrestal and at least one illegal. One car was ahead of me to turn left to PVDS going East. I did not time it accurately but it took four minutes minimum for me to get into the traffic flow. The car ahead of me almost had an accident and I was very close to a car turning out of Trump National who came up the street and did not stop. There was at least one car behind me waiting and at least four on Trump National trying to turn West. I thought the Forrestai/PVDS intersection had been approved for an acceleration lane to help us drive East? The only acceleration lanes recently were for the new Trump access. The view spot before the PVDE intersection was overflowing with a car sticking out into PVDS. There were at minimum six cars pulled onto the berm at the bottom of uphill PVDE for a newly established sunset view area (one of the cars had pulled in going downhill). There was so much traffic going East that the light at 25th and Western had me stopped well before I reached the 7-11. This is only one example ofthe crisis that is affecting our entire community. How many ofthese visitors are positive asymptomatic for Covid-19? When out of their cars a minority wear masks. Don Bell On Jan 10, 2021, at 7:29 PM, Donald Bell <dwbrpv@gmail.com > wrote : RPV 2 From: Sent: To: Subject: Follow Up Flag: Flag Status: LC -----Original Message----- Teresa Takaoka Monday, January 18, 2021 12:43 PM CityCierk FW: Del Cerrojan16th 21 Follow up Flagged From: Carrie Fernandez <carrfer@cox.net> Sent: Monday, January 18, 202112:20 PM To: CC <CC@rpvca.gov> Subject: Del Cerro jan16th 21 Hello Katie, Hope all is well. I'm forwarding a video on You Tube of a speeding motorcyclist videotaping Crenshaw north & south of Crest. This is a good depiction of what Del Cerro & the surrounding neighborhoods have to constantly deal with. Thank you for your time! Carrie Fernandez Island View Resident https:/ /youtu.be/3Mv4ZPn83jw Sent from my iPad 1 J. From: Sent: To: Subject: Follow Up Flag: Flag Status: LC -----Original Message----- Teresa Takaoka Monday, January 18,2021 12:41 PM CityCierk FW: Comment to PALOS VERDES Land Conservancy report Follow up Flagged From: Barbara Chan <bkvdchan@hotmail.com> Sent: Monday, January 18, 202112:39 PM To: CC <CC@rpvca.gov> Subject: Comment to PALOS VERDES Land Conservancy report As a RPV resident with a parking permit to park at Del Cerro Park, I protest the proposed parking fee structure for parking on Crenshaw and Del Cerro Park that will not grant RPV residents any preference or discount. Barbara Chan 27934 Beechgate Drive Rancho Palos VERDES, 90275 1 Subject: FW: January 19, 2021 City Council Meeting Agenda Item #2, Preserve Parking and Access Issues From: Del Cerro HOA <DeiCerro HOA@hotmail.com> Sent: Saturday, January 16, 2021 3:04 PM To: CC <CC@rpvca.gov> Subject: January 19, 2021 City Council Meeting Agenda Item #2, Preserve Parking and Access Issues Dear RPV Mayor and Council Members, Attached please find Del Cerro HOA's comments regarding Agenda Item #2, Preserve Parking and Access Issues, for the January 19th City Council meeting. Thank you for your consideration of our comments. Sincerely, Kathy Edgerton President Del Cerro HOA 1 2. 1/16/2021 To: RPV City Council Subject: Jan 19, 2021 City Council Meeting Agenda Item #2, Preserve Parking and Access Issues Dear Mayor and City Council Members, Thank you for your continuing efforts in addressing quality of life issues that residents near the Burma Rd. and Rattlesnake trailheads are experiencing. Parking Reservation System Del Cerro residents commend the thoughtful recommendations presented by Staff regarding the implementation of a parking reservation system on Crenshaw Blvd. and Park Place. We fully support Staff's recommendations. Specifically: • We agree that the reservation system needs to be in effect 7 days a week during all hours the preserve is open. All available parking spaces on Crenshaw south of Crest Rd. are filled virtually every day of the week during daylight hours and beyond. We are concerned that if parking during certain hours is not controlled by the system, visitors will be motivated to shift the time of their visits to those hours where parking is open, thereby increasing the traffic problems during those hours. • Requiring users to make their reservation at least two hours in advance is a thoughtful approach that we strongly support. In fact, we consider it to be one of the most important aspects of the system because it will significantly reduce the number of visitors who arrive and block the flow of traffic while waiting to find a spot. Our analysis indicates that the number of drivers who are able to find a parking space is a small fraction of the people who drive to the end of Crenshaw trying to find a place. Reducing the number of vehicles that arrive to those that available parking can accommodate will significantly improve the flow of traffic. Requiring advance reservations will also help to reduce some of the unsafe maneuvers that drivers waiting for parking spaces often make to obtain a places that becomes available-including backing up at unsafe speeds to a parking space behind them that becomes available as well as waiting in the northbound lane for a parking space and making a U-turn across the southbound side of the street to be the first person to a parking space on the southbound side. • Providing parking reservations for blocks of time within a designated zone will help to minimize the large number of visitors traveling the entire span of Crenshaw Blvd. to find the very closest available parking spot to the trailheads. Using zone parking rather than 1 1/16/2021 parking assignments to specific spaces provides flexibility to minimize the likelihood that visitors might be prevented from finding a specific reserved parking space if the previous user overstays his/her designated time slot. • The free two-hour segment from 7am to 9am on weekdays is a reasonable accommodation for Peninsula residents and other visitors who desire to hike or enjoy other exercise before going to work. • We agree that three-hour reservation time blocks for other times of the day are appropriate lengths of time. Our analysis of a sampling of the time spans that preserve visitors' vehicles are parked on Crenshaw indicates that, on average, visitors stay slightly under 2 hours. Allowing reservation time blocks for 3 hours should accommodate most visitors. In addition to the recommended parking reservation system parameters, we ask that the Council approve permanently red-curbing the 10 parking spaces on Crenshaw Blvd. between the Rattlesnake Trailhead and Park Place and exclude those spaces from the parking reservation system. As you know, the street narrows through that section. Del Cerro residents feel that the flow of traffic in that area has become significantly safer since the temporary red-curbing was put in place in September. We also request that the portion of Crenshaw between Valley View and the St. John Fisher Church driveway be red-curbed and excluded from the parking reservation system. A significant number of our residents who are parishioners at the church have commented that it is very difficult to safely exit the Church's property onto Crenshaw because the parked cars on that segment of the street block their line of sight for traffic leaving the area traveling north on Crenshaw. This is particularly a problem because the speed limit along Crenshaw is 40 mph. Also, with improved enforcement, the 3 loading zone spaces on Crenshaw are increasingly being used as intended to drop off visitors who are unable to walk a significant distance to the Burma Rd. trailhead or to the Del Cerro Park overlook. Alta Vicente Reserve Trailhead Improvements Del Cerro residents appreciate Staff's recommendations for the Alta Vicente trailhead improvements. Providing amenities at that location will provide an alternate place where short- term visitors can enjoy spectacular views without having to obtain parking reservations and pay parking fees. 2 1/16/2021 Parking Enforcement/ Fines for Violations We have noticed the significant increase in enforcement of parking hours, red-curbing and loading zone use on Crenshaw in the last few weeks and greatly appreciate Staff's actions in this regard. During the last few weeks, we have also begun to see more visitors parking in the Del Cerro neighborhood-primarily Lower Oceana ire, Crestwind and Amber Sky. The timing of these two occurrences leads us to think they are related-possibly the increased enforcement causing visitors to park in the neighborhood to avoid being cited. Or it may be a result of a higher number of visitors overall that residents have noticed in recent weeks. So far, the neighborhood parking problem seems to be limited to weekend days and holidays. We have spoken with Staff about the issue and are pleased to hear that they are sensitive to this potential problem and will be monitoring the effects of increased Crenshaw parking enforcement on the unpermitted parking in the neighborhood. We recommend that the fines for Neighborhood Permit Parking violations be increased to be consistent with the size of the fines that the Council establishes for Failure to Obey and Passenger Loading Zone violations. If the Neighborhood Permit Parking violation fines are less than the other two, visitors will be motivated to park in the surrounding neighborhoods where the fines are less. Conclusion Finally, we sincerely thank Staff for their continued efforts and creative approaches to restoring the peace and quiet of our neighborhood. We want to acknowledge that the holistic approach Council has initiated is, by far, the most thorough evaluation of neighborhood conditions and approach to mitigation measures that the City has undertaken to address the Del Cerro area concerns. The team of City Staff personnel, led by Katie, Matt, Cory, Ramzi and Ara, are working collaboratively with Del Cerro area residents and utilizing their considerable skills to develop effective solutions. We believe that the improvements recommended here, in conjunction with the trailhead gates, revised parking hours, future traffic consultant recommendations, preserve capacity analysis and shuttle program, will go a long way toward restoring the tranquility of our neighborhood. Many thanks to Team RPV. The Del Cerro HOA Board Kathy & AI Edgerton Miriam & Pete Varend Gregory MacDonald Dion Hatch Bharathi Singh Mark Kernen 3 From: Sent: To: Subject: Attachments: LC Teresa Takaoka Monday, January 18, 2021 11:17 AM CityCierk FW: Mediterrania HOA Newsletter & Use Chart MHOA Newsletter january2021-01-07 draft.pdf; Useage Chart LL compare other parks.docx From: James Hevener <jhevener@cox.net> Sent: Monday, January 18, 202111:14 AM To: PC <PC@rpvca.gov> Cc: Octavia Silva <OctavioS@rpvca.gov>; Matt Waters <MattW@rpvca.gov>; Ara Mihranian <AraM@rpvca.gov>; CC <CC@ rpvca .gov> Subject: Mediterrania HOA Newsletter & Use Chart Dear Members of the Planning Commission (and City Council): Please see the Article on Page 2 of the Mediterrania HOA Member Newsletter regarding the Ladera Linda Park Project. Please also find attached the use policy chart from the Staff Report considered by Council when Council approved the Plan and design in 2019. In January of this year, the MHOA Board voted unanimously to support the current Ladera Linda Park Project Plan and Design and to request that (1) the Planning Commission approve the requested entitlements; and (2) that the Planning Commission recommend the adoption of use policies consistent with Hesse Park (as Hesse serves a similar function and also is directly adject to residential neighborhoods). Mediterrania has over 250 separate residences and is directly connected to the Ladera Linda Park via the Pirate Trail. The Ladera Linda Park and Community Center have been used for decades by our HOA for meetings and by our residents for recreation, classes and meetings. Ladera Linda is in fact the only City Park and City facility with meeting and classroom space in the South/East side of the City and a key resource for our neighborhood and others in this general area. In 2018, Mediterrania was determined by the City Council to be one of the four neighborhoods in the direct vicinity of the Ladera Linda Park to be considered key stakeholders in the design process. Representatives of our HOA have provided direct input into the process at every stage in an attempt to reach a compromise with adjacent LLHOA residents, including the unanimous recommendation to hire the design firm of Johnson Favarro (also supported by the representative of the LLHOA). Over the years dozens of our MHOA neighbors have attend workshops and voiced their support through e-mails and appearances at Council Meetings. 1 /). The current Plan and Design strike the right balance between the reasonable expectations of all of the surrounding neighborhoods (including MHOA), and the reasonable concerns of adjacent residents. Any minor issues such as the design of the bathrooms and potential security enhancements can be addressed during the preparation of the final construction drawings. Sincerely, The Board of Directors of the Mediterrania Homeowners Association 2 MEMBER NEWSLETTER JANUARY 2021 MEDITERRANIAHOA.COM 2020 Board of Directors President: Craig Whited Vice-President: Jim Hevener Treasurer: Craig Whited Secretary : Patty Ott CHOA Reps: Pam Andresen Robert Wright Marymount NAC Craig Whited Lois Carp Streets & Landscaping: Robert Wright Craig Whited Newsletter Editors: Pam Andresen Distribution: Pam Andresen Publisher: Betty Riedman Ladera Linda Advisory: Jim Hevener Suzy Cyr mediterrania@cox.net PVDE jhevener@cox.net Cool heights mediterrania@cox.net PVDE pattyo@cox .net Hightide andresen .pam@gmail.com rbw3677 @att . net mediterrania@cox. net jlkarp@cox.net rbw3677 @att . net mediterrania@cox .net andresen.pam@gmail.com andresen .pam@gmail .com rabbit943@gmail.com jhevener@cox .net suzy@seahorsestudio.net President's Message by Craig Whited Happy New Year and greetings from your Mediterrania Board of Directors! We are looking forward to a year with plenty of challenges and opportunities as we slowly emerge from the Pandemic. Your HOA's Board of Director's term for 2021 will begin when we have our Annual Meeting at some point in the future. In the interim all of the current Board Members have agreed to remain on the Board in their present positions until we have our Annual Meeting and elect new Board Members. As many of us have been on the Board for four or more years, we strongly encourage you to join the Board, take a po s ition , and bring new thoughts and ideas to your HOA. For 2021 we will start by having a pair of the most important security devices that we can provide as an HOA, installed for the first year on a trial basis . We will have a pair of FLOCK security cameras at our Ganado entrance onto PV Drive East, one on each side of the street. The rear of every vehicle will be photographed and the license plate checked automatically against a law enforcement wanted list. All other images will be filed for use by law enforcement over the next 30 days. Had these cameras been in place the first week of December, the Sheriff's Department might have been able to identify the two vans carrying the thieves who entered our neighborhood and stole an automobile right out of a homeowner 's driveway and drove away on Ganado. In addition they might have assisted in the investigation of reported theft of items from unlocked cars on Coolheights and Cliffsite (this also is a reminder to lock your cars at night!). Although many people have RING cameras, these cannot provide the detailed vehicle information that the FLOCK system can capture. Not only is FLOCK an Automated License Plate Reader, it can deliver real time wanted vehicle information directly to the Sheriff's Department. Safety & Security: Suzy Cyr As the degree of protection that the FLOCK cameras will give us, this should be sufficient motivation for every household to pay the $50 annual dues. Whether you participate or not in any of the activities and projects that the HOA offers , we hope to have everyone (owner or renter) join this upcoming year. We will also be offering all HOA members the opportunity of opting out of having the rear of their personal vehicles photographed by the FLOCK system and negating the ability of the system to share any of their vehicle information with the Sheriff's Department if their vehicle is subsequently reported as stolen. We look forward to reporting on the success of the FLOCK camera program during the year and urge each of you to let us know your thoughts and show your support by joining the HOA. The cost of the system is significant, and we need as many of our res idents as possible to share the cost. With the 50% City subsidy, the cost will be $1,000 per camera the first year and $2,000 per camera in subsequent years. suzy@seahorsestudio.net As 2020 was certainly a year most of us would like to forget, we want to thank our Board members for what they were able to accomplish, including the January Annual Meeting and Dinner as well as their extensive work on the landscaping that now includes fully automated sprinklers and lighting on all of the association maintained areas at and near our entrance. Your many compliments to Patty and Don Ott, who put up the fall harvest theme pumpkin patch and holiday greetings lights , were greatly appreciated. The Board is grateful for the ongoing kind words and emails regarding the appearance of our entrance and how it has enhanced home values . Our plans , once we are allowed to have face to face gatherings, include the Annual Meeting and Dinner, a Wine & Cheese get together, a Halloween activity for the children, and an appearance from Santa. While we may not be able to have a Cinco de Mayo party, we will try and have at least one other neighborhood get together in tune with the season. Thanks to everyone in giving us something to look forward to in 2021. 2 MEMBER NEWSLETTER JANUARY 2021 Ladera Linda Park: Approved Project Plan Now Threatened For those of you who thought the Ladera Linda Park Project was full steam ahead after seven years of public outreach and a major redesign to address the concerns of adjacent neighbors, think again . While the Council in August 2019 approved the final design and directed the preparation of construction drawings , a group of adjacent neighbors have seized upon delays in the process to request the City halt the Project and engage in yet another complete redesign. Among other things, opponents of the Project are seeking the elimination of the Discovery Room (which already had been reduced to a hybrid conference and discovery room), another major reduction in size (below the modest 6000 sq ft in the current Plan), and they are raising concerns over security already addressed in the redesign (and approved by LASD). It is now vitally important for all of us to contact the Planning Commissioners and Council Members so our voices are heard. The Council voted in December to allow the CUP process to proceed but has directed Staff to bring the entire Plan back before the Council to decide whether to halt the Project and scrap the current de sign. Several Members of the Council say they support some type of project but, based on recent negative comments, are concerned there is insufficient support for the approved Plan. Your Board 's Ladera Linda Committee has worked hard over the past 5 years to reach a compromise with adjacent LLHOA residents and believes the current Plan strikes the right balance between the reasonable expectations of all of the surrounding neighborhoods (including MHOA), and the reasonable concerns of adjacent residents. Over the years we have seen dozens of our MHOA neighbors attend workshops and voice their support through e-mails and appearances at Council Meetings. But given the delays, and in light of the (relatively) recent election of Barbara Ferraro and David Bradley to the Council (who were not on the Council during the redesign phase), it is critically important to make your voices heard again. It is a privilege to live in a City where Commissioners and Council Members listen to the public and even a simple e-mail expressing support (or opposition) makes a difference. 1. The next step is that comments need to be submitted to the Planning Commission by January 19, in advance of the Commission Hearing on January 26. A copy of the notice, which includes meeting details and a summary of the proposed action is available at http s://ti nyurl.com /y5 lgjwdq. Comments should be submitted to pc@rpvca.gov and also to Deputy Director of Community Development at octavios@rpvca.gov. 2 . Please also contact the City Council. The Master Plan and City Staff reports are available on the City's website (https://tinyurl.com/y65ggt71), and the entire Council may be contacted at cc@rpvca.gov. 3. Your Board wants to hear from you. Please contact us regardless of whether you support the Plan or not. When we speak on behalf of our MHOA neighbors we want to make sure we are reflecting a clear consensus . Please contact Jim Hevener directly jhevener@cox .net and cc the Board at mediterrania@cox.net 4. Request to be added to the Listserv for Ladera Linda (and other City issues) so you can receive timely notice of upcoming hearin gs: http://www.rpvca.gov/List.aspx Thank you for speaking out right now. Your opinion matters and could be the difference between this Project failing or finally becoming a reality. State Bills Could Fundamentally Change our Neighborhood By Lois Karp, Craig Whited and Jim Hevener The State of California is currently considering a wide assortment ofbills that could dramatically change the character of residential neighborhoods all across the state. Many of the proposals are an attempt to increase housing production in response to the ongoing hou si ng crisis. The City of Rancho Palos Verdes was founded in response to uncontrolled urban sprawl and most of us moved here in part based on the City's balanced approach to development, including an emphasis on single -family neighborhoods. Currently and historically, planning and zoning decisions are made locally not at the state-level. Growth is inevitable but your Board believes that decisions about how and where a city grows should continue to be made at the local level. With local control , city planners can encourage development -whether residential or commercial -where it is most appropriate. Some of the bills bei ng considered at the state level take away local decision making and impose state-wide mandates instead. The legislature has already adopted a Jaw that allows an additional accessory dwelling unit (ADU) on virtually every residential property in the City. Our concern is that legislation being proposed may permit much greater density on single MEMBER NEWSLETTER .JAUARY 2021 3 family lots across the board (including in our neighborhood) totaling as many as 8 dwelling units. The Rancho Palos Verdes City Council strongly rejects the potential loss of local control over planning and zoning. In August, they unanimously adopted Resolution 2020-46 which reads in summary: EXPRESSING OPPOSITION TO PROPOSED PLANNING AND ZONING LEGISLATION THAT USURPS LOCAL CONTROL AND IMPOSES UNFUNDED MANDATES, AND EXPRESSING SUPPORT FOR ACTIONS TO FURTHER STRENGTHEN LOCAL DEMOCRACY, AUTHORITY AND CONTROL. In part, the City Council Resolution stated: CITY OF RANCHO PALOS VERDES HEREBY Section I. Registers its strong opposition to the following pieces of State legislation that usurp local control as it relates to planning and z oning, and impose unfunded mandates. Section 2. Registers its equally strong opposition to the current practice of the State legislature of proposing and passing multitudes of bills that directly impact and interfere with the ability of cities to control their own destiny through use of the zoning authority that has been granted to them . Section 3. Declares that, should the State continue to pass legislation that attacks local municipal authority, control and revenue, the City of Rancho Palos Verdes will support actions such as a ballot measure that would limit the State ability to control local activities and strengthen local democracy and authority. The Council Resolution also makes clear that the City will take further action as needed to push back including supporting ballot measures that would limit the State's ability to take over local zoning decisions, but legislation is already pending and now is the time to make your voices heard. Remember that our elected officials represent us and do respond to citizen input. If these major changes in land use and housing, that are changing our neighborhoods, concerns you, now is the time to speak up. Your Board strongly supports local control over zoning, and we urge you to contact each of the representatives below and let them know how you feel about local verses state control of planning and zoning. Please make clear whether or not you support the proposed legislation which would permit even greater density in single family zoned neighborhoods, or instead if you would like the legislature to support localities in addressing the housing crisis through local level zoning and other means (such as encouraging multi-use development in selected commercial only zones, as well as expediting the approval process for multi -family dwellings and increasing densities in areas already zoned for such use). At stake is the look, feel , and functioning of our local neighborhoods. Please write or call: Governor Gavin Newsom -govapps.gov.ca.gov Senator Ben Allen: senator.allen@sen.ca.gov Assemblyman AI Muratsuchi at: assemblymember.muratsuchi@assembly.ca.gov Please Send In Your 2021 Dues Your HOA Continues To Work For You A Special Thank You To Our 2020 Members During this Difficult Period. Not being able to host our gatherings was greatly disappointing but despite the pandemic your HOA Board worked hard to support the neighborhood and we need your continued support in 2021. Among other accomplishments in 2020, we were able to: (1) host our annual meeting at the start of the year; (2) Continue writing and distributing quarterly Newsletters to help people stay connected and informed; (3) complete phase two of our landscaping and irrigation project (thanks for the many compliments); (4) lobby the City and Sheriff for additional public works and enforcement activities (clearing of weeds and brush on City rights of way on all streets, and increased patrols on the switch backs); (5) participate in the Marymount Advisory Board (to support and ensure Marymount remains a good neighbor); and (6) support the residents who volunteered to run errands for the homebound. More recently, the Board has (7) continued supporting the Ladera Linda Park Project; (8) supported the City's efforts to maintain local zoning control; and (9 obtained matching funds from the City for a trial run ofthe FLOCK camera system. We also look forward to continuing our regular events and mixers in 2021 once the restrictions are lifted, including at least one summer or early fall mixer with a taco truck or similar food available. We hope everyone agrees they received at least $50 in value this year (including maintaining our property values) and will send in your checks for 2021 without delay. Please also consider joining the Board to both support the neighborhood and also to make sure your individual voice is heard. MHOA MEMBERSHIP We encourage you to send in your checks for 2021 if you have not already done so. We are enclosing a preaddressed envelope for your convenience, you may mail it or just drop it off in Craig's mailbox at 31145 Palos Verdes Drive East. Adler, Phil & Marti Ajang, Mahmoud Andresen , Jason & Pam Armstrong, James Babich, Danny & Melissa Bakar, Samaan & Caroline Bao, Willie & Georgina Barger, Joe Beresford , Dean & Laura Berkson, Richard & Andrea Bertolina , James & Nelly Bozin, Milivoj & Barbara Bozler, Hans & Diane Brandt, George & Diana Brar, Harminder & Suminder * Brunner, Philip & Joanne Bujok, Karel Calvagna, Jeffrey & Annie Canfield, Pearl Casares/Davis, Michael & Daniel Cerami, John & Rosemary Chargaff, Barbara & Thomas Chung , Lea & Ken Cyr, Tom & Suzy Deraney, Fred & Arpy Dillin, Mary Ann & William Drake, Marilyn & Liana Dunn , Jean & Roger Estes/Walston , Susan & Jack Ferraro, Barbara & Charles Fischer, Kimberly and Alan Flachner/Romano, Stewart & M. Amparo Folk, Tom and Delicia Franz, Mary French, Sue & Jim Goede , Walter & Carol Goel, Arun & Krishna Gross, Morrie & Sharon Grotz , Arlene Gugliuzza, Thomas & Beverly Hanner, Lillian & Becky Hansen , Wayne & Gwynn Harper, JoAnn Hartman , Kirk & Judy Harvey/Sulkowski, Bruce & Amy Hashimoto, Jerry & Kinukp Hebert, Michael Hebert, Thomas & Marcie Hevener, James Hibsman , Edgar & Nora Hill, Deirdre Hochedez/Hong, Benoit & Joohee Holmberg, Michael & Rayna Honkawa , Tony & Yumi Hove , Ralph & Marilyn Huang/Li , Wei & Xiaowei Jaacks , John & Holly James, Loretta Jankovich , Todd & Maureen Karp, Lois Keroles , Kamal & Dalia * Kim, Brian & Susy Kim , Jihee King, Mimi & Kelly Klopfer, John & Jean Kobayashi , Ma riko Kochanowski, Joyce Koehler, Fred & Pat Kollar, Bob & Janice Lai, Joseph & Chao , Meichi Lakis, John & Angela Lee , Graymond & Sophia * Levering, Janet Li, Loretta Liu, Shu Marshall , Arthur & Dorothea Mathews , John & Munja Mautner/Dontscheff, Silvia & Anton* McAlpine, Col. Aubry & Patricia Miller, Dean & Patricia * Mock, Ted & Mary Jo * Moloian , Ann & Edward Moore, Jean & Robert Muller, Kurt & Irene Novick , Jeff & Michelle Nutter, Jennifer Ortolano, Joan Ott , Don & Patty Ozaki, Charles & Mitsuko Parker, Gail & Robert Pekich , Don & Joyce Petersen , John & Pamela * Peterson, Jennette & Dionne Petretta, Paula Phan, Can Quang & Nga Thien Posgay, Hedvig Razepoor/Safavi, Nasser/ Marjan Rebeck , Joseph & Nita Requicha , Aristides & Shain Riedman, Betty Scherba , Mark & Barbara Scherlacher, Jack & Donna Sharar, Joe & Frances Sheth, Bharti Shim, John & Kelley Shirley, Beth & David Sichan, Alicia Smith, Nina Soldoff, Stephen & Susan Stevens, Mike & Kathy Sylvester, Michael and Marie Trutanich , Nick & Elaine Uchima, Darrell Ueda, Kevin & Nicoli Unmack!Radovanovic, James & Olivera Valot, Martha Wachli, John & Marlis Wang, Michael & Lily Way, Donald Webster, Judy & Bill Whited, Craig & Gilda Wolff, Steven & Marie Wolfsen, James* Wong, Juliet Woo, Kathleen & Elizabeth Wright , Robert & Shirley Wu , Robert & Peijie *INDICATES PREPAID 2021 DUES c/Vle ~\ tet•t• A t1 (A Cl£ ~ ""c ~ t-Vt1et·s ~ ss~c lA ti~"' MEMBERSHIP APPLICATION FOR 2021 1 Name(s): Address: Phones : (Home) (Other) Email(s): Want e -alerts on beaking news or special events, check HERE? 0 Comments I Suggestions: ---------------------- Make your 2021 annual dues ($50.00) payable to "Mediterrania HOA" and mail/deliver to: Craig Whited, Pres/Treas., 31145 Palos Verdes Drive East, RPV, CA 90275 Thank you for supporting your neighborhod homeowners assocation Craig Whited, President-Mediterrania HOA Email: mediterrania@cox.net NOTE: Personal info shown above will never be given, sold, or transferred to any other source. It's for internal use by the Mediterrania HOA for purposes of maintaining member information and dissemination of newsletters and e-alerts . L----------------------~ staffing to two part-time staff members per shift with one full -time supervisor. This is comparable to staffing levels at Hesse Park and PVIC . Ladera Linda Proposed Park Usage Concerns continue to be raised about park hours and park usage . While the park will be used more during the day, we are recommending tight restrictions on park usage and rental hours. The table below shows current Ladera Linda usage policies, proposed changes, and current policies at Hesse Park, Ryan Park and PVIC for comparison. Rental LL Current LL Proposed Hesse Park ~yan Park PVIC Polices Current Current Current Rental Not specified 10 a.m.-9 p.m. 8 a.m. -11 p.m. 8 a.m.-10 p.m. ~oon-Midnight Hours Fr-Sun) Non -profit mtgs 8 a.m. -10 p.m . (M - Th) Classes Not specified 8 a.m.-9 p.m. 8 a.m. -11 p.m. 8 a.m.-10 p.m. n/a Private No current 2 x month •• No established No established ri -Sun Rentals limits imit imit One per day max . after5 p.m. Amplified 10 a.m .-10 11 a.m .- 8 p.m . 10 a.m .-10 p.m. 10 a.m. -10 5 p.m.-10 p.m. Music p.m. p .m. allowed on patio , (indoor ~lso) only} Special No limit 8/year ~o established ~o established ~o established Events imit imit im it *Restriction does not apply to non -profits, City events, or HOA rentals No nighttime special events would be permitted w ithout City Council approval and community notification. Staff would coordinate with AYSO schedule to minimize impact. 100% Schematic Design Submittal Subsequent to the July 10 workshop , Johnson Favaro continued its work on the Ladera Linda Community Center and Park Project 1 00% Schematic design , following the specifications and guidelines detailed in Phase 1 of its contract (Attachment E). The document was prepared by the following professionals: • Architect: • Civil Engineer: • Structural Engineering: • Landscape Architect: • MEP Engineering: Johnson Favaro KPFF Englekirk KSA Design Studio Novus Design Studio 14 From: Teresa Takaoka Sent: To: Monday, January 18, 2021 1 0:53 AM CityCierk Subject: FW: Palos Verdes Nature Preserve PARKING MITIGATIONS LC From: Tom Jacobsen <tomj@jacobsenpilot.com> Sent: Monday, January 18, 202110:21 AM To: CC <CC@rpvca.gov> Subject: Palos Verdes Nature Preserve PARKING MITIGATIONS Dear RPV City Council and staff, We are in full support and agreement with your recommendations for implementing an app- based parking service to control the crowds at our beautiful trails in RPV. We live close to Del Cerro Park and often walk to the trails. Unfortunately the overcrowding has become a real problem and we are happy the City is addressing this issue. The app-based parking service has become popular in other areas and makes sense to control the crowds. Thanks you, Tom and Michele Jacobsen 28953 Crestridge Rd Rancho Palos Verdes, CA 90275 1 From: Sent: To: Subject: LC Teresa Takaoka Monday, January 18, 2021 9:40AM CityCierk FW: Parking at Del Cerro and App-Based Parking Approach From: Joe Cruz <jocruz1@hotmail.com> Sent: Friday, January 15, 2021 9:45 PM To: CC <CC@rpvca.gov> Subject: Parking at Del Cerro and App-Based Parking Approach RPV City Council Members, After reviewing the staff report on app-based parking in the Del Cerro area, I have significant concerns about the approach under consideration. First, the parking at Del Cerro Park should not be included as part of the app-based parking approach. The requirements proposed to be imposed at that site, including a 2-hour advance booking and fees at any time of the day can only serve to deny city residents access to the park that we all already pay for. Providing free access from 7 AM to 8:59AM is laughable. It is our city park and we should be granted free access to it and associated parking. What if I want to go play catch at the park or enjoy an impromptu picnic at the park? Under the proposal I would not be able to easily do that. I'd have to plan ahead and pay up to $25 to do so. This is not acceptable. I strongly urge the RPV City Council to exclude the parking spots at Del Cerro from the app-based parking system and continue with a permit parking approach. Second, fewer parking "blocks" should be allowed. Currently, the proposal includes 4 blocks of time per day. That seem excessive and it's unclear how it would reduce the traffic going to the site. Having two blocks of time, a morning block and an afternoon block, may better serve that purpose. Third, why is the area in front of St. John Fisher Church along Crest not included in the parking proposal? That area is highly utilized and affects access to the church and area too. Fourth, nowhere in the study is it clear what the parking spots and associated signage will look like. How will users know where to park? Will there be big signs at each of the parking spots? Will those signs include instructions on what to do if somebody took the spot without a reservation? Absent a clear graphic presentation on how the signage will look, the city and residents may soon be confronted with not only traffic, but visual blight. Lastly, I've seen no true cost and revenue analysis. The cost for implementing the system is presented in the staff report. However, how much will it cost to maintain the system? What happens if the system is damaged or fails to work? How much will that cost to repair? Also, how much revenue does the city anticipate acquiring from the parking? Will it at least cover the cost of the system and related enforcement? One would expect a range of possible costs and revenue to offset the costs to be presented, but I've seen no such analysis. 1 J. Overall, I appreciate the RPV City Council's attention to minimizing traffic in the Del Cerro area while providing access. I hope, however, that further consideration and action is taken to address the concerns I noted above. Sincerely, Joe Cruz RPV Resident 2 From: Sent: To: Subject: LC Teresa Takaoka Monday, January 18, 2021 10:51 AM CityCierk FW: App for RPV Trails From: Linda Fester <LFester@baysurvey.com> Sent: Monday, January 18, 202110:43 AM To: CC <CC@rpvca.gov> Subject: App for RPV Trails Good Morning, I am writing to support an App based reservation and fee for the Trails in RPV. I grew up on the Peninsula and have been a homeowner/resident since 1996 (25 years). I have watched the traffic to all Trails on the Hill explode over the last few years. My concerns are safety and protecting our ecosystems and wildlife. Anything the City can do to manage the number of people/cars would be a huge benefit. Thank you. Regards, Linaa ]aco6sen ]'ester 1 From: Sent: To: Subject: LC Teresa Takaoka Monday, January 18, 2021 9:40 AM CityCierk FW: Video of Del Cerro Parking Sunday 12/20 From: edmundo hummel <ecarloshum@gmail.com> Sent: Saturday, January 16, 2021 5:17AM To: Ara Mihranian <AraM@rpvca .gov> Cc: Gary Randall <grapecon@cox.net>; Donald Bell <dwbrpv@gmail.com>; Jack Fleming <jjfleming2000@yahoo.com>; CC <CC@rpvca.gov>; Bill Shurmer <sbschurm@yahoo.com>; Mickey Radich <mickeyrodich@gmail.com> <mickeyrodich@gmail.com>; Amanda Wong <kiwi_esq@hotmail.com>; Herb Stark <stearman@juno.com>; Diane Mills <dianebmills@gmail.com>; Jessica Vlaco <vlaco5@cox.net> <vlaco5@cox.net>; Martha Foster <martycrna@gmail.com> Subject: Re: Video of Del Cerro Parking Sunday 12/20 Hi Ara. It's been a few weeks since I asked you about Preserve visitation and I know it's been hectic with the Holidays, but do you know if the Preserve or the City has ever determined an ideal maximum daily visitor capacity in the Preserve? I hate to bother you with this, but my wife and I have noticed a marked increase in people entering the preserve in recent weeks from the Ladera Linda area . Many of them are entering as early as 6 AM or even earlier. Thanks, Ed Hummel On Thu, Dec 24, 2020 at 7:24AM edmundo hummel <ecarloshum@gmail.com > wrote: Ara, thank you for this response and, particularly, the attached correspondence. The background is helpful in understanding why the City is trying to come up with solutions. I know City staff has come up with an average daily Preserve visitor number, but has the City worked with the Conservancy (as well as outside consultants) to determine a maximum visitor number, taking into account your point of the Preserve's primary purpose of protecting species and habitat? Ed On Wed, Dec 23, 2020 at 5:49PM Ara Mihranian <AraM@rpvca.gov > wrote: Hi Ed, Yes, the Preserve is a precious resource and needs to be protected . The properties that make up the Preserve are encumbered with layers of restrictions that are intended to protect biological resources while balancing passive recreational use. 1 Recently, the City received letters from various county and state agencies questioning some of the actions taken by the City Council as being noncompliant to their agreements. I have attached their letters and the City's response letters for your reference (which by the way were in the City Manager's Weekly Administrative Reports that can be accessed on the City's website). Searching the Preserve online will direct you to Portuguese Bend Reserve off Crenshaw ... that is known by all of us and not designed to be that way. The internet made it the front door to the Preserve when that was never the intent in forming the Preserve in 2008. As reported to the City Council since August, staff is working with a consultant to take ownership of information being posted online so that the City controls what information is provided when it comes to the Preserve and where to go (again, being mindful to direct people to areas less populated with residences). By directing visitors to other locations to park (i.e . City Hall), we are not adding new parking spaces since these spaces already exist and are part of the equation. This is being considered in concert with other parking restrictions/programs. The shuttle program was accepted as a pilot program with the details to be considered by the City Council at its (tentatively) February 16 meeting . Staff is developing what this program would look like. The idea of a shuttle program was introduced by Councilman Cruikshank. I hope this provides insight on where things are at. Let me know if you have other questions. Happy Holidays, Ara Ara Michael Mihranian City Manager 2 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 Jl Do you really need to print this e-mail? This e-mail message contains information belonging to the City of Rancho Palos Verdes, which may be privileged, confidential and/or protected from disclosure. The information is intended only for use of the individual or entity named. Unauthorized dissemination, distribution, or copying is strictly prohibited. If you received this email in error, or are not an intended recipient, please notify the sender immediately. Thank you for your assistance and cooperation. From: edmundo hummel <ecarloshum@gmail.com > Sent: Wednesday, December 23, 2020 6:25 AM To: Ara Mihranian <AraM@rpvca .gov > Cc: Gary Randall <grapecon@cox.net >; Donald Bell <dwbrpv@gmail.com >; Jack Fleming <iifleming2000@yahoo.com >; CC <CC@rpvca.gov >; Bill Shurmer <sbschurm@yahoo.com >; Mickey Radich <mickeyrodich@gmail.com > <mickeyrodich@gmail.com >; Amanda Wong <kiwi esq@hotmail.com >; Herb Stark <stearman@juno .com >; Diane Mills <dianebmills@gmail.com >; Jessica Vlaco <vlacoS@cox.net > <vlacoS@cox .net>; Martha Foster <martycrna @gmail.com > Subject: Re: Video of Del Cerro Parking Sunday 12/20 Thanks for the input, Ara. I understood the pilot shuttle program was approved ... is it still just being considered? Also, if the shuttle will be taking people from City Hall and the Interpretive Center (which aren't currently being used by Preserve visitors), aren't we, in effect, adding parking and increasing visitation? 3 I didn't see the email in this chain saying Linder came up with the shuttle idea, but could you tell us who the council member was that did? As far as solutions, residents are all in agreement that the City should NOT encourage, increase or facilitate more visitation to the Preserve. That would include creating more parking or making existing parking throughout the City more accessible. Lastly, you're right about resident's increasing frustration with this issue and the perception that the Council is prioritizing access to the Preserve over quality of life for people who live here. It's a precious resource for everyone and has already been "discovered" by greater LA {check Yelp or Google). The City should now focus on protecting it from OVER visitation and help residents who have to deal with impacts of that. Thanks again, Ed On Tue, Dec 22, 2020 at 11:46 PM Ara Mihranian <AraM@rpvca.gov> wrote: Mr. Fleming and others, Thank you for sharing the video from this past Sunday. It is very telling of the current situation especially on those warm and sunny days in southern California. It also reinforces why the City Council and Staff have been reviewing this matter over the past several months, spending countless hours seeking solutions both short-, mid-, and long-term to mitigate this issue. In reading the email chain, the concern and frustration you are expressing is understandable. But statements are being made that are not accurate and, from my experience, don't seem to be the RPV way in seeking solutions. 4 Since early summer, when the stay-at-home orders began to be lifted, we started to see a surge of visitors to our open space areas particularly Del Cerro. We knew that measures needed to be taken immediately to alleviate the impacts to the residents in the Del Cerro area, as well as other areas such as Ladera Linda and Ocean Front Estates. In terms of the Del Cerro, the most impacted, the City began coordinating with the surrounding HOAs. We saw this as imperative so that measures where being developed in partnership with the community. Afterall, the residents have the insight from their firsthand experiences. The actions being taken are not intended to draw more people to the Preserve. At the December 15 City Council, on numerous occasions, it was stated that the parking situation was being studied holistically for the entire Preserve to balance and distribute the public's use of the Preserve. Not to add more parking spaces to accommodate more people. Our neighborhoods cannot sustain it. The tools under consideration are intended to redirect the public to areas less impactful to adjacent residential neighborhoods, such as City Hall. The proposed shuttle program is not Cory's vision to bring tourism to the City. In fact, it was originally raised by a council member looking to see iftrail users would be willing to park in less populated areas of the City if transportation to trailheads is provided. It's a pilot program under consideration. That said, the remarks towards Cory are not productive or constructive in dealing with this community problem. They don't solve problems and should stop. Let's move toward collaborative and community-based solutions. Your voice matters and you need to be heard, and we are listening. No one envisioned that the preserve would be as popular when it was formed. So let's seek innovative solutions together. If one solution doesn't work, let's move to the next, as a community. Again, thank you for sending the City the video. Please do not hesitate to continue sharing this kind of information with the City Council and staff so that it can be documented. Happy holidays, Ara From: edmundo hummel <ecarloshum@gmail.com> Sent: Tuesday, December 22, 2020 6:21AM To: Gary Randall <grapecon@cox.net> 5 Cc: Donald Bell <dwbrpv@gmail.com >; Jack Fleming <jjfleming2000@yahoo.com >; CC <CC@rpvca.gov >; Bill Shurmer <sbschurm@yahoo .com >; Mickey Rodich <mickeyrodich@gmail.com > <mickeyrodich@gmail.com >; Amanda Wong <kiwi esq@hotmail.com >; Herb Stark <stearman@juno .com >; Diane Mills <dianebmills@gmail.com >; Jessica Vlaco <vlacoS@cox .net> <vlacoS@cox.net >; Martha Foster <martycrna@gmail.com >; Ara Mihranian <AraM@rpvca.gov> Subject: Re: Video of Del Cerro Parking Sunday 12/20 Worse? You mean BEITER, Gary. You see, the more people the City welcomes into the Preserve and our City, the better. Sure, there'll be more trash, noise, vandalism, pirate trails, dog poo, traffic and crime in our neighborhood, but it'll be better. I'm not sure why, but it will be . I understand why Linder wants shuttles, unlimited visitation and a new park on an active landslide (he doesn't live here and it'll look great on his resume), but I'm not sure why the Council feels they need to accommodate the whole of greater Los Angeles. We're not talking about a for-profit theme park, it's a nature preserve in the middle of an overwhelmingly residential city . RPV's infrastructure doesn't support large numbers of people, why are we trying to create it? Also upsetting is how silent the Conservancy is on this subject ..... does anyone know if they've taken a position on the issue? On Tue, Dec 22, 2020 at 5:45AM <grapecon@cox.net> wrote: I whole-heartedly agree . This is out of control and a reservation system is immediately needed. As a life -long resident who pays property tax that I am sure goes to many areas that ultimately pertain to the preserves (safety, law enforcement, parking), it would be unfortunate that I would have to get the same permit as someone driving in from SO miles away (apparently due to conditions on relatively small amounts of grant monies that were used in the acquisition of the lands) .... but, if that is what needs to happen to limit visitation and get this situation under control, then I am willing comply with such a system. How much worse does this situation need to get before the city takes this sort of action? Gary From: Donald Bell <dwbrpv@gmail.com > Sent: Monday, December 21, 2020 9:17PM 6 To: Jack Fleming <j jf leming2000@yahoo.com > Cc: Home Bell <dwbrpv @gmail.com >; CC <cc@rp vca .gov>; Bill Shurmer <sbschurm@yahoo.com >; Mickey Radich <mickeyrod ich @gmail.com >; Amanda Wong <kiw i esq@hotmail.com >; Herb Stark <stearman@ juno.com >; Diane Mills <d ianebm i lls@gmail.com >; Jessica Vlaco <vlaco5@cox.net >; Gary Randall <grapecon@cox .net>; Martha Foster <martycrna@gmail.com >; Ed Hummel <ecar loshum@gmail.com >; Ara Mihranian <aram@rpvca.gov> Subject: Re: Video of Del Cerro Parking Sunday 12/20 It has been that way for months. Parked all the way down Crenshaw and in every space the visitors can find. With parking this tight it also causes those without a spot to drive and drive the streets until a spot opens. If I lived there, it would be the un -parked cruisers that would be the worst annoyance. Cory's unlimited welcome to all will not be solved by a shuttle system -does anyone have an idea how many busses the existing un-parked population would require? There has to be a throttle mechanism and the only way is to require reservations and permits to enter as well as park. Don On Dec 21, 2020, at 5:35 PM, jack fleming <iifleming2000@yahoo .com > wrote: Attached is a video of the parking at Del Cerro this Sunday. I'm amazed at the number of cars , this would crush Ladera Linda. https://www.youtube .com/watch?v=o 1 taSwNpl7 4 Jack Fleming REAL TOR and CPA 310-748-5206 License # 01946212 RE/MAX Estate Properties 7 From: Sent: To: Subject: LC -----Original Message----- Teresa Takaoka Monday, January 18, 2021 9:37AM CityCierk FW: Parking on Crenshaw From: Louis smolensky <smolensky.louis@gmail.com> Sent: Saturday, January 16, 2021 3:33 PM To: CC <CC@rpvca.gov> Subject: Parking on Crenshaw To the mayor and city council of RPV: The residents of Rancho Crest HOA support the staff recommendations regarding parking on Crenshaw. Our residents have one additional request: that 2 or 3 parking spaces on the east side of Crenshaw just north of Valley View (our street) be permanently redlined. Several of our residents (many of whom are seniors) have complained that when they are trying to turn north on Crenshaw from Valley View there often are vehicles double parked waiting for another vehicle to exit a parking space between Valley View and St. John Fisher driveway. This creates a dangerous situation especially since one can only see about 75 yards of northbound lanes of Crenshaw south of Valley View from that vantage point because of the curve of Crenshaw Blvd and vehicles often are driving northbound at 30 mph. Thank you for your consideration and for all that you do for the citizens of RPV. Louis Smolensky President, Rancho Crest HOA Sent from my iPhone 1 /). From: Sent: To: Subject: LC Teresa Takaoka Monday, January 18, 2021 9:36AM CityCierk FW: Serious Incident at Crenshaw Blvd . travelling to Del Cerro past St. John Fisher Church From: Pamela Adrain <pvmomdad@cox.net> Sent: Sunday, January 17, 2021 7:24AM To: CC <CC@rpvca.gov> Cc: 'Del Cerro HOA' <DeiCerro_HOA@hotmail.com> Subject: Serious Incident at Crenshaw Blvd. travelling to Del Cerro past St. John Fisher Church RPV City Council, I am outraged by the lack of respect that the City Council is giving to the outrageous hazard the traffic presents to Del Cerro residents and visitors to this area . On Saturday January gth I was driving to my home (at 12 Oceanaire Drive) on Crenshaw Blvd. I passed St. John Fisher and was horrified to see an oncoming car coming toward me in my lane. It was mid day. I could not turn to the left or right because there were so many cars and pedestrians on the street, on both sides . I slammed on my horn waiting for this negligent driver to realize his/her car was in my lane . The people coming to our area are mostly unaware of the danger they face. They are here to enjoy a walk or hike with family and friends. Chatting, changing clothes, running, walking, biking and driving, their guard is down and they are distracted, because they consider this area rural. Immediately, the City Council should have the road resurfaced and yellow stripes freshly painted so there is no ambiguity about how the lanes flow. Currently, there are worn lines that still appear on the road that are confused with the darker lines. The City has allowed this situation to explode into a tragic nightmare waiting to happen. It is my recommendation, that Del Cerro residents pool their resources and hire an attorney to challenge the position that this hazard should be tolerated. We pay our taxes and most of us have lived here for decades. How much do you think my home value has been lessened by this mess? Do you think I could have an open house on the weekend? Or during the week? Why should Del Cerro residents be faced with hazardous driving conditions every time they enter and depart the neighborhood? Do you want this in front of your house? In addition, I think, residents most affected by the traffic and pedestrians should have their homes appraised given the current situation. The City should compensate us for our loss in value due to the unacceptable surge in automobile and pedestrian traffic. 1 The only acceptable alternative is move this traffic to parking designed to accommodate it, NOT where it currently is. The ad hoc measures have not worked. The City has turned Seacrest and Crenshaw into a parking lot for Disneyland. Stop the nonsense, now. Sincerely, Pamela Adrain 2 From: Sent: To: Subject: LC Teresa Takaoka Monday, January 18, 2021 9:30AM CityCierk FW: Palos Verdes Nature Preserve Parking Agenda Item From: Michael <PetersonMike1231@msn.com> Sent: Sunday, January 17, 2021 2:36PM To: CC <CC@rpvca.gov> Subject: Palos Verdes Nature Preserve Parking Agenda Item The crowds showing up at the Preserve and Del Cerro park can be overwhelming-I applaud the efforts to reduce both parking issues and the overall number of visitors to the area. We live in an absolutely beautiful city, and I don't mind sharing it with non-residents, but we need to be reasonable about the volume of people attempting to access the area. Otherwise the experience will be impacted for everyone. I appreciate all the hard work by city staff that has gone into the report and the suggestions. I think the ParkMobile reservation system is certainly worth a try. I like the idea of a slow rollout to assess the shortcomings and make corrections. That being said, I agree with the many RPV residents that have commented and requested that you keep the Del Cerro parking lot "Permit Only" for RPV residents. Though I have not yet acquired one of these passes, I intend to soon (if they still exist) It would be distressing as an RPV resident to have to start paying upwards of $15 to park in the area. Thank you, Mike Peterson 53211ronwood St, RPV 1