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20211005 Late Correspondence
1 From:Teresa Takaoka Sent:Tuesday, October 5, 2021 8:01 PM To:CityClerk Subject:Fw: Flock cameras Late corr From: vlaco5@cox.net <vlaco5@cox.net> Sent: Tuesday, October 5, 2021 7:46 PM To: CC <CC@rpvca.gov> Cc: Ara Mihranian <AraM@rpvca.gov>; Ramzi Awwad <rawwad@rpvca.gov> Subject: Flock cameras CAUTION: This email originated from outside of the City of Rancho Palos Verdes. Hi Council, I would like to dispute what the Flock representative said about the installation for LL HOA. The flock technician told us that his equipment can dig only 24 inches. Our HOA offered to (1) dig the hole ourselves and (2) cut the pole and (3) rent the equipment necessary for the Flock technician to dig deeper than 24 inches. We received no response from Flock other than to say that any changes would require a new permit. We were told that we could not dig the hole ourselves. Thanks, Jessica 1 From:Katie Lozano Sent:Tuesday, October 5, 2021 5:01 PM To:CC Cc:CityClerk Subject:Revisions to Agenda Items #3 and #4 Attachments:RPV - Memo summarizing updated 12.16.170 and 5.28 for CC 10.5.21.DOCX; A. Draft Ordinance with mark-ups -Late Corr.pdf; RPV - Chapter 12.16 amendments with mark-ups-Late Corr.pdf Importance:High Good Evening Honorable Mayor and City Council Members, Please find attached revisions to Agenda Item #3 (Vending ordinance‐Chapter 5.28), revisions to Agenda Item #4 (Chapter 12.16.170 pertaining to vending in parks, Preserve, beaches, and recreational facilities), and a memo from the City Attorney’s Office explaining the changes. Thank you, Katie Lozano Senior Administrative Analyst Recreation and Parks Department katiel@rpvca.gov Phone ‐ (310) 544‐5267 City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 Website: www.rpvca.gov 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. City Hall is open to the public during regular business hours. To help prevent the spread of COVID‐19, visitors are required to wear face coverings and adhere to physical distancing guidelines. Some employees are working on rotation and may be working remotely. If you need to visit City Hall, please schedule an appointment in advance by calling the appropriate department and follow all posted directions during your visit. Walk‐ups are limited to one person at a time. Please note that our response to your inquiry could be delayed. For a list of department phone numbers, visit the Staff Directory on the City website. MEMORANDUM 01203.0005/743355.1 TO: Honorable Mayor and City Council, City of Rancho Palos Verdes CC: Ara M. Mihranian, City Manager FROM: Elena Q. Gerli, Assistant City Attorney DATE: October 5, 2021 RE: Late correspondence updated drafts of Section 12.16.170 and Chapter 5.28 Honorable Mayor and City Council: You have received updated drafts of the proposed Section 12.16.170 and of Chapter 5.28 (Vending on Public Property), relating to vending operations city-wide, and also to commercial services in parks. The changes are highlighted in yellow in the updated drafts. We have made the following revisions since the drafts were posted: • In Section 5.28.030 (Definitions), “Sidewalk” was deleted from the definition of vendors and from most references to vendors as this code applies to vendors on all public property. Similarly, “street vending” is now simply “vending.” This reflects the intent and applicability of the ordinance more accurately. • Also, the definition of “parks” was deleted, and a definition of “public property” was added, which includes parks, beaches, and the nature preserves. This change was made because this definition created some confusion with proposed Section 12.16.170, and also is inconsistent with what city properties constitute parks, as provided by the General Plan. • The language from proposed section 5.28.075 (cross referencing to Section 12.16.170, which provides additional operational requirements for vending in parks) was moved to 5.28.070(GG). This is to keep all operational requirements in one section, including the cross-reference. • References to “parks, preserve, beaches, and recreational facilities” was made consistent between the proposed new 5.28.070(GG) and Section 12.16.170. • In Section 12.16.170, a clarification was made that vending in prohibited on beaches. Vending is also prohibited on open space land and the preserve. Our office and staff is in consultation with the Coastal Commission to ensure compliance with coastal requirements. If requested by the Coastal Commission, staff will propose an amendment relating to vending on beaches at a later time. 01203.0001/732063.7 ORDINANCE NO. _____ AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES RENAMING THE TITLE OF CHAPTER 12.16 TO READ, “STREETS, PARKS, PRESERVE, AND RECREATIONAL FACILITIES”; REPEALING AND REPLACING SECTIONS 12.16.010 (PROTECTION OF FLORA, FAUNA AND PUBLIC BUILDINGS AND STRUCTURES) AND 12.16.020 (MOTORIZED VEHICLES); AND ADDING 12.16.170 (VENDING, COMMERCIAL SERVICES, ACTIVITIES AND INDUSTRIAL ACTIVITIES IN PARKS, PRESERVE, BEACHES, AND RECREATIONAL FACILITIES) OF CHAPTER 12.16 (STREETS, PARKS AND RECREATIONAL FACILITIES) OF TITLE 12 (STREETS, SIDEWALKS AND PUBLIC PLACES) OF THE RANCHO PALOS VERDES MUNICIPAL CODE TO PREVENT DAMAGE TO CITY FACILITIES, INCLUDING VEGETATION; TO PROHIBIT THE OPERATION OF MOTORIZED VEHICLES, MOTORIZED BICYCLES, AND ELECTRIC BICYCLES IN CITY PARKS, PRESERVE AND RECREATIONAL FACILITIES; AND TO REGULATE VENDING, COMMERCIAL SERVICES, AND INDUSTRIAL ACTIVITY (INCLUDING VENDING) AND INDUSTRIAL ACTIVITY IN PARKS, THE PRESERVE, BEACHES, AND RECREATIONAL FACILITIES. WHEREAS, the City of Rancho Palos Verdes has the authority to adopt regulations to further the public health, safety, and welfare, pursuant to its authority under Art. XI, Sec. 7 of the California Constitution; and WHEREAS, the City has entered into a Natural Communities Conservation Plan/Habitat Conservation Plan (“NCCP/HCP”) for the purpose of providing comprehensive management and conservation of multiple species, including but not limited to species listed under the federal Endangered Species Act of 1973 within the Palos Verdes Nature Preserve (“Preserve”); and WHEREAS, the NCCP/HCP requires the City to account for and remediate any substantial habitat damage within the Preserve; and WHEREAS, the City Council of the City of Rancho Palos Verdes wishes to clarify such prohibitions and to provide clear enforcement guidance to City personnel, park rangers, and law enforcement; and WHEREAS, the City Council desires to adopt provisions of the Public Use Master Plan (“PUMP”) prohibiting damage to the Preserve into the Rancho Palos Verdes Municipal Code to provide for mechanisms to enforce such prohibitions; and 01203.0001/732063.7 WHEREAS, the City also wishes to enact provisions to better regulate, enforce, and seek remedies to damaged facilities and habitat in City parks, the Preserve and recreational facilities; and WHEREAS, the City has the authority to obtain reimbursement for damage done to City property, pursuant to Public Utilities. Code § 10251, and to City trees, pursuant to Civil Code § 3346; and WHEREAS, the Rancho Palos Verdes Municipal Code currently prohibits parking and operating “motorized vehicles” in parks and recreational facilities except in designated areas, other than authorized park employees or city agents in performance of their duties; and WHEREAS, there has been an increased use of electric bicycles in City parks, Preserve, and recreational facilities; and WHEREAS, Vehicle Code Section 21207.5 (a) prohibits the use of motorized bicycles or class 3 electric bicycles on a bicycle path or trail, bikeway, bicycle lane established pursuant to Section 21207, equestrian trail, or hiking or recreational trail, unless it is within or adjacent to a roadway or unless the City expressly permits it by ordinance; and WHEREAS, Vehicle Code Section 21207.5 (b) also allows the City to prohibit class 1 and 2 electric bicycles on bicycle paths or trails within the City; and WHEREAS, the use of motor vehicles, motorized bicycles, electric bicycles in City parks, Preserve, and recreational facilities (collectively referred to as City recreational spaces) poses a safety risk to other visitors of these facilities, and such vehicles cause damage to parks and protected habitats; and WHEREAS, the City Council desires to mitigate the impacts of motor vehicles, electric bicycles, motorized bicycles in City recreational spaces by clarifying the extent of restrictions on their use in City parks, Preserve, and recreational facilities; and WHEREAS, the California Vehicle Code defines “motor vehicle,” “bicycle,” “electric bicycle,” and “motorized bicycle” or “moped,” the incorporation of which into the Rancho Palos Verdes Municipal Code shall serve to eliminate any uncertainty as to what types of vehicles are prohibited from use in City parks and recreational facilities; and WHEREAS, the City Council has determined that it is in the public interest and welfare to adopt this Ordinance in order to clarify restrictions on the use of motor vehicles within City parks, Preserve, and recreational facilities and to prohibit the use of motor vehicles, electric bicycles, motorized bicycles in these facilities, both to preserve the facilities and to protect the health, safety, and welfare of visitors. 01203.0001/732063.7 WHEREAS, attempts by the City to curtail the prolific and unlawful use of motor vehicles, electric bicycles, and motorized bicycles,within City parks and recreational facilities has been met with resistance by visitors; and WHEREAS, the use of motor vehicles, electric bicycles, and motorized bicycles in City parks and recreational areas poses a safety risk to other visitors of these facilities, and such vehicles can cause damage to parks, trails, and protected habitats; and WHEREAS, the City Council desires to address these issues related to the use of motor vehicles, electric bicycles, and motorized bicycles in City parks and recreational facilities by clarifying the extent of restrictions on their use in City parks, Preserve, and recreational facilities; and WHEREAS, the City Council has determined that it is in the public interest and welfare to adopt this Ordinance in order to clarify restrictions on the use of motorized vehicles and within City parks, Preserve, and recreational facilities and to prohibit the use of motorized vehicles, electric bicycles, and motorized bicycles in these facilities, both to preserve the facilities and to protect the health, safety, and welfare of visitors. WHEREAS, as part of the NCCP/HCP, the PUMP has been established to balance public access to the Preserve with natural resource protection; and WHEREAS, the PUMP prohibits any commercial or industrial uses within the Preserve, or any activity that would damage the Preserve; and WHEREAS, the City wishes to clarify such prohibitions and to provide clear enforcement guidance to City code enforcement personnel and Park Rangers; and WHEREAS, the City desires to adopt provisions of the PUMP prohibiting commercial and industrial activities within the Preserve into the Rancho Palos Verdes Municipal Code to provide for mechanisms to enforce such prohibitions; and WHEREAS, the City also wishes to better regulate vending, commercial services, industrial activity, and habitat damage in City parks and recreational facilities; and WHEREAS, the City desires to establish vending regulations in the Preserve, parks, beaches, and recreational facilities; and WHEREAS, the City Council has determined that it is in the public interest and welfare to adopt this Ordinance in order to provide for an enforcement mechanism that achieves the goals of the PUMP, to preserve and protect endangered species, and to allow for comprehensive management of the parks, Preserve and recreational facilities. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES ORDAIN AS FOLLOWS: 01203.0001/732063.7 Section 1. The facts set forth in the Recitals are true and correct, and are incorporated herein by reference. Section 2. Chapter 12.16 “STREETS, PARKS AND RECREATIONAL FACILITIES” is hereby renamed “STREETS, PARKS, PRESERVE, AND RECREATIONAL FACILITIES.” Section 3. Section 12.16.010, (Protection of flora, fauna and public buildings and structures) of Chapter 12.16 (Streets, Parks and Recreational Facilities) of Title 12 (Streets, Sidewalks and Public Places) of the Rancho Palos Verdes Municipal Code is hereby repealed and replaced with the following: 12.16.010 – Protection of flora, fauna and public buildings and structures. A. No person other than authorized park employees or city agents or other authorized persons in the performance of their duties shall cut, break, dig up, remove, or in any manner injure or alter any plant, animal, public building, structure or contents therein on any park or municipal property. B. This prohibition may be enforced by any means permitted under this Code or state law. C. If any damage to any City-owned or managed plants, animals, public buildings, structures or contents therein requires the City to incur costs or expend either money or personnel time to correct such damage, the City may seek to recover such costs or expenditures, including reasonable attorneys’ fees, as permissible under this Code and state law. Section 4. Section 12.16.020 (Motorized Vehicles) of Chapter 12.16 (Streets, Parks and Recreational Facilities) of Title 12 (Streets, Sidewalks and Public Places) of the Rancho Palos Verdes Municipal Code is hereby repealed and replaced with the following: 12.16.020 - Motor Vehicles, Motorized Bicycles, and Electric Bicycles in Parks, Preserve, and Recreational Facilities Prohibited. A. The purpose of this chapter is to ensure that City parks, the Preserves, and recreational facilities (collectively, City recreational spaces) are maintained in good condition and in a manner that protects the health, safety, and welfare of visitors by preventing the use of motor vehicles and electric bikes that pose a risk to park visitors or damage park property. B. No person shall park or operate any motor vehicle, electric bicycle, motorized bicycle, or moped in City recreational spaces, except in designated areas, other than authorized park employees or city agents in performance of their duties. 01203.0001/732063.7 C. For the purposes of this section, the following definitions shall apply: 1. “Motor vehicle” shall have the same meaning as Section 415 of the Vehicle Code, including any amendments or successor statutes thereto. 2. “Motorized bicycle” or “moped” shall have the same meaning as Section 406 of the Vehicle Code, including any amendments or successor statutes thereto. 3. “Electric bicycle” shall have the same meaning as Section 312.5 of the Vehicle Code, including any amendments or successor statutes thereto. D. A person shall not operate any motor vehicle, electric bicycle, motorized bicycle, or moped on or over any fire break or any fire protection roads which are posted against public use and provided with locked gates, or operate any motor vehicle, electric bicycle, motorized bicycle, or moped on or over any riding or hiking trail, including a riding and hiking trail established under Article 6 of Chapter 1 of Division 5 of the Public Resources Code of the state of California. E. No part of this section shall be construed to prohibit the use in City recreational spaces of self-propelled wheelchairs, motorized tricycles, or motorized quadricycles, if operated by a person who, by reason of physical disability, is otherwise unable to move about as a pedestrian. Section 5. Section 12.16.170 (Commercial Services and Industrial Activities Prohibited in the City Parks, Preserve, and Recreational Facilities) of Chapter 12.16 (Streets, Parks and Recreational Facilities“ of Title 12 (Streets, Sidewalks and Public Places) of the Rancho Palos Verdes Municipal Code is hereby added as follows: 12.16.170 – Vending, Commercial Services, and Industrial Activities (including vending) and Industrial Activities ProhibitedRegulated in Parks, Preserve, Beaches, and Recreational FacilitiesAreas. A. Vending 1. Vending in a park requires a permit pursuant to Chapter 5.28. 2. No vending area shall be placed within 30 feet of any trail head. 3. No vending shall occur within the Preserve, on any City beach, or within open space areas and trails. 4. In addition to the operational standards in RPVMC Section 5.28.070, the following shall also be prohibited for any vendor operating in any park: a) Operate outside the hours of operation of the park (RPVMC 12.16.030). b) Operate more than six (6) feet from the edge of any walking or pathway in the park. c) Operate within 50 feet of any other vendor in the park. 01203.0001/732063.7 d) Operate on, or within 100 feet of the edge of, any sports field or playground equipment area. e) Utilize any bench, table, barbeque pit, covered gathering area, or other publicly-owned structure or amenity in the park in any way as part of the sidewalk vending operation. f) Operate within 25 feet of the edge of any bench, table, barbeque pit, covered gathering area, or other publicly-owned structure or amenity in the park. g) Vending in a public park during any scheduled event, whether it is a City event or a private event for which a special use permit or special event permit has been obtained unless operating under a City issued special use permit or special event permit. h) Vending is prohibited from operating in a park if the city has entered into exclusive agreements for the sale of food or merchandise by one (1) or more concessionaires for that park. B. Commercial Services and Industrial Activities 1. No commercial service or industrial activity is permitted within any City-owned park, Preserve, beach, or recreational facility, including beaches unless expressly authorized in writing by the City Manager or the City Manager’s designee. For the purposes of this section, “industrial service” shall mean any use of land, buildings, or structures designed for the purpose of manufacturing, assembling, making, preparing, inspecting, ornamenting, finishing, treating, altering, repairing, warehousing, or storing or adapting for sale of any goods, substance, article or thing, or any part thereof and the storage of building and construction equipment and materials. Commercial service shall mean any service sold for profit, including but not limited to camping, boot camps, classes, instruction, guided hikes, commercial dog walking, or organized picnics. 2. In deciding whether to grant such authorization for use pursuant to this section, the City Manager or his/her designee shall consider time of day, relative crowding of the area requested, factors of public safety, availability of areas approved for such activities, impact of such activities upon sensitive habitat and adjacent neighborhoods, and any other factor relevant to the welfare of those utilizing City- owned parks, Preserve, beaches, or recreational facilities. 3. A decision regarding authorization pursuant to Section B, may be appealed in writing to the City Manager within ten calendar days of the decision. The City Manager shall make a decision on the appeal within ten calendar days of receipt of the appeal. The decision of the City Manager shall be final, and is subject to judicial review pursuant to Section 1094.5 and 1094.6 of the Code of Civil Procedure. 01203.0001/732063.7 Section 6. The City Council finds that this Ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) because: (1) it does not constitute a “project” under CEQA Guidelines Section 15378(b)(2) in that it constitutes general policy and procedure making; (2) it does not constitute a “project” under CEQA Guidelines Section 15378(b)(5) in that it has no potential for resulting in physical change to the environment, either directly or indirectly, and (3) in the alternative, it is exempt from CEQA pursuant to CEQA Guidelines Section 15060(c)(2), since the activity will not result in direct or reasonably foreseeable indirect physical change in the environment, and Section 15061(b)(3), since it can be seen with certainty that there is no possibility that this Ordinance will have a significant effect on the environment. Section 7. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance or its application to any person or circumstance, is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City Council declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause, phrase hereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. Section 8. Certification and Posting. The City Clerk shall cause this Ordinance to be posted in three (3) public places in the City within fifteen (15) days after its passage, in accordance with the provisions of Section 36933 of the Government Code. The City Clerk shall further certify to the adoption and posting of this Ordinance, and shall cause this Ordinance and its certification, together with proof of posting, to be entered in the Book of Ordinances of the Council of this City. Section 9. This Ordinance shall take effect 30 days after its adoption. PASSED, APPROVED and ADOPTED this __th day of __________, 2021. ______________________________ Eric Alegria, Mayor ATTEST: _______________________ Teresa Takaoka, City Clerk 01203.0001/732063.7 STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF RANCHO PALOS VERDES I, TERESA TAKAOKA, City Clerk of the City of Rancho Palos Verdes, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Ordinance No. _____ passed first reading on _________, 2021, was duly and regularly adopted by the City Council of said City at a regular meeting thereof held on _______________, 2021, and that the same was passed and adopted by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: _______________________ City Clerk Ordinance No. _____ Page 1 of 14 01203.0005/741919.1 ORDINANCE NO. _____ AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES AMENDING CHAPTER 5.28 (VENDING ON PUBLIC PROPERTY) OF TITLE 5 (BUSINESS TAXES, LICENSES AND REGULATIONS) OF THE RANCHO PALOS VERDES MUNICIPAL CODE THEREBY CORRECTING AND CLARIIFYING INCONSISTENCIES RELATING TO VENDING ON PUBLIC PROPERTY WHEREAS, Senate Bill 946 (Government Code §§ 51036 et seq.), the Safe Sidewalk Vending Act, was enacted to address the competing activities that a local community experiences in regulating and accommodating pedestrians, bikes, scooters, café seating, business signage, advertisements, protests and, increasingly, vending within the public right-of-way. In adopting the bill, the Legislature found that sidewalk vending provides important entrepreneurship and economic development opportunities to low-income and immigrant communities, increases access to desired goods, such as culturally significant food and merchandise, and contributes to a safe and dynamic public space. The Legislature further found that the safety and welfare of the general public is promoted by encouraging local authorities to support and properly regulate sidewalk vending. WHEREAS, the Legislature further found that “unnecessary barriers have been erected blocking aspiring entrepreneurs from accessing the formal economy, harming California’s economy in the process, and disrupting the regulation of business, which is a matter of statewide concern. Moreover, California has an interest in the regulation of traffic, a matter of statewide concern, whether in ensuring the appropriate flow of traffic or in ensuring the safety of pedestrians on the road or the sidewalk.” WHEREAS, on May 18, 2021, the City Council adopted Ordinance No. 648 to amend Chapter 5.28 by adding new Sections 5.28.010 through 5.28.080 to incorporate into the Municipal Code the requirements of Senate Bill 946 as Rancho Palos Verdes Municipal Code Chapter 5.28 previously did not regulate peddling in the form of street vending in a manner inconsistent with SB 946 and the Rancho Palos Verdes Municipal Code does not permit sidewalk vending in a manner that substantially complied with the provisions of SB 946; and WHEREAS, Section 22455 of the Vehicle Code provides that cities may “adopt additional requirements for the public safety regulating the type of vending and the time, place, and manner of vending from vehicles upon any street….”; and WHEREAS, the City does not currently have a regulatory program in place applicable specifically to sidewalk vendors operating in City parks; and WHEREAS, the City Council declares that the regulations enacted by this Ordinance are intended to promote and protect the health, safety and welfare of the City's Ordinance No. _____ Page 2 of 14 01203.0005/741919.1 residents, businesses, and visitors and are in furtherance of the City' s police powers while complying with the provisions of SB 946; and WHEREAS, the City Council further declares that the provisions of this Ordinance are intended to regulate the time, place, and manner of sidewalk vending directly relating to public health, safety, and welfare objectives and concerns; and WHEREAS, the City Council further declares that the regulations enact ed by this Ordinance are intended and necessary to ensure compliance with the federal Americans with Disabilities Act of 1990 (41 U. S. C. § 12131 et seq.) and other disability access standards; and WHEREAS, the City Council desires to retain the ability for local enforcement of sidewalk vendor regulations, including the imposition of fines for violations, to the extent consistent with State law; and WHEREAS, the City Council finds that the adoption of this Ordinance is necessary for the preservation of the public health, safety, and welfare. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES ORDAIN AS FOLLOWS: Section 1. The above recitals are true and correct and incorporated fully herein. Section 2. Chapter 5.28 (Vending on Public Property) of Title 5 (Business Taxes, Licenses and Regulations) of the Rancho Palos Verdes Municipal Code is hereby amended as follows (new text in underline, deletions in strikethrough): Chapter 5.28 (Vending on Public Property) 5.28.010 Purpose The City Council finds that sidewalk vending: provides important entrepreneurship and economic development opportunities to disproportionate communities; increases access to desired goods, such as culturally significant food and merchandise; contributes to a safe and dynamic public space; and that safety and welfare of the general public is promoted by encouraging local authorities to support and properly regulate sidewalk vending. The City Council further finds that these regulations are necessary to ensure that sidewalk vending does not threaten the public health and safety. Ordinance No. _____ Page 3 of 14 01203.0005/741919.1 5.28.020 - Permit required. No person shall engage in, conduct or carry on the business of sidewalk vending without first obtaining a vending permit in accordance with this chapter, and without first obtaining a business license pursuant to Chapter 5.04 (Business Licenses). No person shall engage in sidewalk vending upon the city's public right-of-way(s) without first obtaining a valid sidewalk vending permit issued by the public works director. 5.28.030 - Definitions. Unless it is plainly evident from the context that a different meaning is intended, the following definitions shall apply: "Captive audience" means one or more purposefully stationary persons, such as persons in lines, on public transportation, or seated in public areas. "City" means the city of Rancho Palos Verdes. “Director” means the Director of Public WorksCommunity Development, and includes their designee. "Public sidewalk or street" means all of those areas dedicated as public thoroughfares, including, but not limited to, roadways, parkways, medians, alleys, sidewalks, public ways and park or preserve grounds. “Commercial vehicle” means a vehicle maintained for the transportation of persons for hire, compensation or profit, or designed, used or maintained primarily for the transportation of property. Passenger vehicles which are not used for the transportation of persons for hire, compensation or profit are not commercial vehicles. “Driver” means and includes every person who drives or; is in actual charge and control of any vehicle, or commercial vehicle from which street vending takes place. “Goods or merchandise” includes items and products of every kind and description, including all food, produce and beverage items, and manufactured goods and merchandise. “Highway” means a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. “Nonmotorized conveyance” means any device moved exclusively by human power, including but not limited to, any pushcart, stand, display, showcase, rack, ped al- driven cart, wagon, bicycle, tricycle or other wheeled container or conveyance. "Nonprofit organization" means a nonprofit corporation that has obtained recognized state or federal tax-exempt status. Ordinance No. _____ Page 4 of 14 01203.0005/741919.1 “Owner” means and includes every person having legal title to any vehicle, or commercial vehicle, from which street vending takes place. "Park" means public parks, nature preserve, or open space owned and/or controlled by the city or . “Person” means any natural person, firm, partnership, association, corporation or other entity of any kind or nature. “Vehicle” means a device by which any person or property may be propelled, moved or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks. “Vehicle” shall include “commercial vehicle.” “Permittee” means the permit holder, and shall include their designees, employees, agents, or representatives. “Public property” means right-of-way and real property owned or controlled by the city, including parks, nature preserve, beaches and open space. "Public sidewalk or street" means all of those area s dedicated as public thoroughfares, including, but not limited to, roadways, parkways, medians, alleys, sidewalks, public ways and park grounds. “Sidewalk vendor” means a person who sells food, goods, or merchandise from a pushcart, stand, display, pedal-drivenstationary cart, wagon, showcase, rack, or other nonmotorized conveyanceequipment, or other temporary set-up, or from one's person, upon a public street, sidewalk or other pedestrian path, and park and preserve grounds. Sidewalk vendors shall include vendors who sell from a table , or other temporary set- uppublic property. “Roaming sidewalk vendor” means a sidewalk vendor who moves from place to place and stops only to complete a transaction. “Stationary sidewalk vendor” means a sidewalk vendor who vends from a fixed location. “Street Vending” shall mean selling food, good, or merchandise from either a stationary or roaming pushcart, stand, table, display, pedal-driven cart, wagon, showcase, rack, nonmotorized conveyance, or other temporary set-up, or from one's person, upon a public street, sidewalk or other pedestrian path, and park grounds. 5.28.040 Permit Application and Issuance A. Any person desiring to street vend upon a Citycity right-of-way public property shall first submit an application for a street vendor permit. and a business license pursuant Ordinance No. _____ Page 5 of 14 01203.0005/741919.1 to Chapter 5.04 (Business Licenses). A nonrefundable processing fee and annual street vendor permit fee to be set by city council resolution shall be submitted with the application. Such application shall include, but not be limited to, the following information: 1. Identification of the applicant, including the name of the business and the name of all owners of the business. Where the applicant is a corporation, association, partnership, limited partnership or other legal entity, "applicant" shall mean each partner, officer, director, and each shareholder owning or controlling more than ten percent of such entity. If the sidewalk vendor is an agent of an individual, company, partnership, or corporation, the name and business address of the principal; 2. A complete description of the business activity proposed to be operated, including all vehicles, commercial vehiclesdescription of vending equipment (tables, shade structures, etc.), description of goods sold , signage, and other nonmotorized conveyancesequipment proposed to be used, and the location of such proposed business activity, including any vehicle identification number, license plate number, and proof of current registration for the vehicles, which will be used for vending in the City with site plan; 3. Provide the city with evidence of automobile insurance required under state law for operating the motorized vehicle, if any, which is identified in the permit application form; 43. The date the vending is expected to begin; 54. The proposed hours of operation and locations; 65. A copy of a valid California Department of Tax and Fee Administration seller’s permit; and 76. A copy of a current Los Angeles County Health Department permit, or any other state applicable state permit, if required to sell the particular product. B. Permits shall not be issued to the same applicant for the same location until the current permit expires. C. All permits issued under this chapter shall expire 90 days from date of issuance. D. Fee waivers. Notwithstanding subsection A, above, street vendors may request a permit fee waiver on the following grounds: 1. Hardship waiver based on inability to pay. 2. Nonprofit waiver. Nonprofit organizations must meet the requirements of the chapter except that they may be exempted from the payment of the permit fee, or any portion thereof, if the city council provides for an exemption in the fee resolution. Ordinance No. _____ Page 6 of 14 01203.0005/741919.1 E. Review by Director. 1. An application that is not complete shall be returned to the applicant along with a list of the deficiencies within 15 days of receipt of the application. The application shall be deemed abandoned if, within 10 calendar days from the first class mailing of any notice from the city, the application is not received by the city with all of its defects entirely corrected. As a courtesy to the applicant, upon request of the applicant, the director shall grant the applicant an extension of time of 10 business days to complete the application properly. The time period for granting or denying the requested permit shall be stayed during the period in which the applicant is granted an extension of time. Unless the applicant requests an extension of time pursuant to this subsection, nothing in this paragraph shall be construed to relieve the director of the duty to make a decision within the time limits set forth in subsection 2 of this section(E)(2), below. 2. Once a completed application is filed, and the applicant pays the prescribed fee, the director shall initiate an investigation of facts for each permit application with the appropriate Citycity departments and County agencies designated to review such applications. The decision to approve (with or without conditions) or deny the application shall be made within 15 days after the filing of a completed application. Notice of the director's decision shall be mailed by certified or registered mail or personally delivered to the applicant within three business days of the date of the decision. 5.28.050 Grounds for Denial. A. A permit may be denied based on the following grounds: 1. The permittee has knowingly made any false, misleading or fraudulent statement of material fact in the application for a business license permit, or in any report or statement required to be filed with the director or the city . 2. Expiration or suspension of any of the required insurance, or Los Angeles County Health Department or state permits. C. A denial of a permit may be appealed pursuant to the provisions of Section 5.28.060. No vending shall be permitted pending the appeal. 5.28.060 Appeal of Director's Decision. A. Within 10 days after the date of the director's decision, any interested person may appeal the decision to the city manager. The appeal shall set forth the ground(s) for the appeal and shall be accompanied by an appeal fee in an amount prescribed by resolution of the city council. A timely appeal accompanied by the required fee shall automatically entitle the aggrieved party to a hearing before the city manager. B. The hearing shall be held and action taken not less than 14 days nor more than 30 days after the timely filing of a complete appeal, unless the applicant requests an extension. Ordinance No. _____ Page 7 of 14 01203.0005/741919.1 C. At the time set for the hearing, or at the date to which the hearing may be continued, the city manager shall hear the applicant, who may present any facts to show why the permit should be granted, and shall hear testimony from all other interested persons who attend the hearing to present reasons why the permit should or should not be granted. The city manager, in considering the application and the appeal, shall give consideration to all relevant documents filed and all relevant testimony given at the hearing. D. Within 5 days after the conclusion of the hearing, the city manager shall adopt and issue a written notice of decision approving (with or without conditions) or denying an application for business activities involving constitutionally protected expressive activities. Notice of the city manager's decision shall be mailed by certified or registered mail or personally delivered to the applicant. E. The decision of the city manager shall be final if not appealed to the City Council within 15 calendar days. 5.28.065 Appeals to City Council.060 Grounds for Denial, Suspension, Any permittee or Revocation permit holder aggrieved by an action of the city manager to deny, revoke or refuse to renew a permit may appeal to the council by filing with the city clerk a statement addressed to the council setting forth the facts and circumstances regarding the action of the city manager. Such appeal shall be filed within ten days after the disputed action of the city manager, and the council shall hear the appeal at its next regular meeting, but not earlier than five business days after the receipt of the appeal. The filing of such an appeal with the city council shall not stay the action of the city manager. At the time of the appeal hearing, the city council shall receive testimony and review the record of the hearing of the city manager and shall determine the merit s of the appeal. The action of the council shall be final and appealable to the superior court of the state pursuant to California Code of Civil Procedure Section 1094.5. Such an action in the superior court shall be filed within 90 days following the council's action, pursuant to California Code of Civil Procedure Section 1094.6. A permit may be denied, suspended, or revoked based on the following grounds : A. The permittee has knowingly made any false, misleading or fraudulent statement of material fact in the application for a business license permit, or in any report or statement required to be filed with the director or the city . B. The permittee has violated any statute or any provision of this Code resulting from any act performed in the exercise of any rights permitted by the issuance of the permit that is being considered for modification, suspension or revocation . C. The permittee has violated any provision of federal or state law or any provision of this Code or any other rule or regulation on the business premises or relating to the permitted activity; Ordinance No. _____ Page 8 of 14 01203.0005/741919.1 D. The permittee has published, uttered or disseminated any false, deceptive or misleading statements or advertisements in connection with the permitted business; E. The permittee has failed or refused to notify the director of any change in material facts as required by this chapter within 10 calendar days after such change; F. The permittee has violated any conditions or restrictions imposed on the permit; G. The permittee has conducted the permitted business in a manner contrary to the peace, health, safety and the general welfare of the public, including, without limitation, by allowing or failing to prevent the use of the business as a base or magnet for unlawful or criminal activity. H. The permittee fails to permit the city or any authorized authorities to conduct the inspections authorized by Section 5.10.100(C) or any other inspection authorized by this Code. I. Expiration, suspension, or revocation of any of the required insurance or state permits. J. A denial, suspension, or revocation of a permit may be appealed pursuant to the provisions of Section 5.28.050. No vending shall be permitted pending the appeal. 5.28.070 Sidewalk Vendor Operational Requirements A. No sidewalk vendor using a vehicle shall carrystore or display any food, goods or merchandise, wares, goods or food outside a 10-foot radius encircling the vehicle or nonmotorized conveyance. B. No sidewalk vendor shall park or stand a vehiclenonmotorized conveyance used for vending in a manner which causes a hazard to vehicular or pedestrian traffic, and no sidewalk vendor shall distribute any item from a vehicle or nonmotorized conveyance in a manner that causes any person to stand in that portion of the street tha t is between the vehicle or nonmotorized conveyance and the center of the street. C. No sidewalk vendor shall park a vehicle or nonmotorized conveyanceoperate on any street or sidewalk during the hours of 6:00 p.m. through 7:00 a.m. on Monday through Friday, and 5 p.m. and 9 a.m. on Saturday. No such activity shall be permitted on Sundays or the legal holidays listed in Section 17.96.920 (Holiday, Legal) of this code, unless a special condition is approved by the director. D. No sidewalk vendor shall sell or offer for sale any food or other goods from a vehicle or nonmotorized conveyancestreet vend unless they maintain a clearly designated litter receptacle in the immediate vicinity of the vehicle or conveyance, marked with a sign requesting use by patrons. Prior to leaving the location, the sidewalk vendor shall pick up, remove, and dispose of all trash or refuse which consists of materials Ordinance No. _____ Page 9 of 14 01203.0005/741919.1 originally dispensed by the sidewalk vendor, including any packages or containers, or parts thereof, used with or for dispensing suchthe food or, goods or merchandise being sold. E. The sidewalk vendor shall not make any outcry, blow a horn, ring a bell, or use any sound devices or musical instrument upon any of the streets , alleys, parks or other public places of this city where sound is of sufficient volume to be capable of being plainly heard upon the public sidewalks or streets, public parks or other public places, for the purpose of attracting attention to any food, goods, wares,or merchandise or food which the permittee proposes to sell. F. Airborne signs such as balloons, banners, feather flags, pennants, as well as flags, are prohibited. G. No vending area shall be larger than 40 square feet per vendor. H. No vending area shall impede ingress into or egress out of any driveway or doorway. No vending area shall reduce accessibility as may be required by the American with Disabilities Act. I. No vending area shall be placed within 30 feet of an intersection or a driveway. J. No sidewalk vendor shall persistently and importunately sell any food, goods, or merchandise, wares or food to any member of the public after such member of the public expresses his or her desire not to purchase anything from the sidewalk vendor. K. No sidewalk vendor shall intentionally or deliberately obstruct the free movement of any member of the public on any public sidewalk or street or in any public place. L. No sidewalk vendor shall obstruct the visibility of any vehicle traveling upon, from, or to public streets. M. No sidewalk vendor shall sell any items to a captive audience. M. No sidewalk vendor shall threaten any injury or damage to any member of the public who declines to purchase any items being sold, if such threat, whether by word or gesture, would make a reasonable person fearful. O. No sidewalk vendor shall sell or attempt to sell to the occupants of vehicles standing or moving upon any public street or highway. Nothing in this paragraph shall be construed to prohibit sales to the occupants of any vehicle that is lawfully parked. P. No sidewalk vendor shall park or stand the vehicle orany nonmotorized conveyance in violation of any conditions included in the permit. Ordinance No. _____ Page 10 of 14 01203.0005/741919.1 Q. No sidewalk vendor shall sell from any vehicle or nonmotorized conveyance which has not been identified in the application. R. No sidewalk vendor shall stop, stand or park any vehicle or nonmotorized conveyance in violation of any provision of the California Vehicle Code or the Rancho Palos Verdes Municipal Code. S. No sidewalk vendor shall sell any goods from any vehicle which does not have insurance as required under state law for operating the vehicle. S. To maintain accessibility standards for the city's disabled residents, every sidewalk vendor operating on any sidewalk or public right-of-wayproperty must ensure that no obstruction is placed in the sidewalk or public right-of-wayproperty that would reduce the width of the sidewalkaccess to less than 48 inches, exclusive of the top of the curb. No obstruction shall be located in a sidewalk or public right -of-way less than 6 feet in width when the sidewalk is adjacent to the curb. U. To prevent food-borne illness and protect the health and safety of the city's residents, every sidewalk vendor selling any food or beverage is required to wear a hairnet and food service gloves. V. T. Sidewalk Vendors of food or food products shall possess and display in plain view on the vending cart a valid public health permit from the Los Angeles County Department of Public Health. U. A sidewalk vending permit does not provide an exclusive right to operate within any specific portion of the public right-of-way. W. V. No equipment or objects used for sidewalk vending purposes may be left or maintained in public spaces or in any portion of the public right -of-way during the hours stated in subsection C above. Any equipment or objects left overnight in public spaces or in any portion of the public right-of-way in any residential area will be considered discarded and may be seized or disposed of by the city. X. W. To facilitate the enforcement of this chapter, every sidewalk vendor must display their city-issued sidewalk vending permit on the street-side portion of their pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non- motorized conveyance when operating in the public right -of-way. Y. X. To prevent unintended rolling or slipping, a sidewalk vendor is prohibited from operating a pushcart, pedal-driven cart, wagon, or other non-motorized conveyance on a public-right-of-way with a slope greater than 5 percent. Z. Y. A sidewalk vendor shall not engage in the selling of alcohol, marijuana, tobacco products, products that contain nicotine or any product used to smoke/vape nicotine or marijuana, or adult-oriented material depicting, describing or relating to sexual activities. Ordinance No. _____ Page 11 of 14 01203.0005/741919.1 AA. No sidewalk vending receptacle shall contain or use propane, natural gas, batteries, or other explosive or hazardous materials. A sidewalk vendor may not use an open flame on or within any sidewalk vending receptacle. BB. Z. Sidewalk vVending receptacles shall not touch, lean against, or be affixed at any time to any building or structure including, but not limited to lampposts, parking meters, mailboxes, traffic signals, fire hydrants, benches, bus shelters, newsstands, trashcans or traffic barriers. CC. AA. Stationary sidewalk vendors are prohibited from operating in areas that are exclusively residential. DD. A stationary sidewalk vendor is prohibited from operating in a city park if the city has entered into exclusive agreements for the sale of food or merchandise by one (1) or more concessionaires for that city park. BB.EE. A sidewalk vendor is prohibited from operating within 750 feet of a permitted certified farmers' market, a permitted swap meet, or any area subject to a special use permit or special event permit for the duration of the permit. FF. CC. To limit traffic congestion and protect the safety of children traveling to and from and in and around schools from potential adverse safety impacts due, in part, to sidewalk congestion, no sidewalk vendor is permitted to operate within 750 feet of a public or private school during the period extending of one (1) hour before the st art of classes and one (1) hour after the end of classes. GG. DD. To protect the health and safety of school children, no state -registered sex offender may operate as a sidewalk vendor within 750 feet of a public or private school at any time. EE. A sidewalk vendor is prohibited from publishing, uttering or disseminating any false, deceptive or misleading statements or advertisements in connection with the permitted business. FF. A sidewalk vendor shall not conduct the permitted business as a public nuisance. 5.28.075 Operational Standards in Parks, Preserve, and Beaches for All Vendors GG. See Section12.16.170 (Vending, Commercial Services, and Industrial Activities Regulated in Parks, Preserve, Beaches, and Recreational Facilities) for additional operational procedures for vending in parks, Preserve, and beaches and recreational facilities. Ordinance No. _____ Page 12 of 14 01203.0005/741919.1 5.28.080 Violations A. A permit may be suspended or revoked based on the following grounds: 1. Revocation, suspension, or nonrenewal of the required Los Angeles County health department permit, if applicable for food vendors. 2. The sidewalk vendor has conducted the vending in a manner which endangers the public health or safety or violation of any health and safety condition imposed on the Los Angeles County Health Department permit. 3. If any immediate danger to the public health or safety is found, unless the danger is immediately corrected, the director may temporarily suspend the permit and order the operation to cease. “Immediate danger to the public health and safety” means any condition, based upon inspection findings or other evidence, that can cause food infection, food intoxication, disease transm ission or hazardous condition, including but not limited to unsafe food temperature, sewage contamination, nonpotable water supply, or an employee who is a carrier of a communicable disease. B. The city may rescind a vending permit issued to a sidewalk vendor for the term of that permit upon the fourth violation or subsequent violations. C. A permittee whose permit was revoked shall not be issued a permit for the same products or location in accordance with this chapter for vending within the city for a period of three months for the first revocation, six months for the second revocation, and one year for the third or subsequent revocation from the date suspension or revocation becomes final. D. Suspension or revocation of a vending permit may be appealed pursuant to the provisions of Section 5.28.050. No vending shall be permitted pending the appeal. E. A violation by a vending permit holder of this chapter is punishable only by the following, provided that a permit may be immediately revoked on the grounds provided under subsection (A), above: 1. An administrative fine not exceeding one hundred dollars ($100) for a first violation. 2. An administrative fine not exceeding two hundred dollars ($200) for a second violation within one year of the first violation. 3. An administrative fine not exceeding five hundred dollars ($500) for each additional violation within one year of the first violation. 4. A local authority may rescind a permit issued to a sidewalk vendor for the term of that permit upon the fourth violation or subsequent violations. Ordinance No. _____ Page 13 of 14 01203.0005/741919.1 BF. Vending without a sidewalk vending permit may be punishable by the following in lieu of the administrative fines set forth in paragraph ASection (E), above: 1. An administrative fine not exceeding two hundred fifty dollars ($250) for a first violation. 2. An administrative fine not exceeding five hundred dollars ($500) for a second violation within one year of the first violation. 3. An administrative fine not exceeding one thousand dollars ($1,000) for each additional violation within one year of the first violation. CG. Upon proof of a valid permit issued by the city, the administrative fines set forth in paragraph BF. of this section shall be reduced to the administrative fines set forth in paragraph AE. of this section, respectively. Section 3. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remain ing portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each and every section, subsection, sentence, clause and phrase thereof not declared invalid or unconstitutional without regard to whether any po rtion of the ordinance would be subsequently declared invalid or unconstitutional. Section 4. The City Clerk shall certify to the passage and adoption of this ordinance, and shall make a minute of the passage and adoption thereof in the records of and the proceedings of the City Council at which the same is passed and adopted. This Ordinance shall take effect immediately, pursuant to the authority conferred upon the City Council by Government Code § 36937. The City Clerk shall cause a summary of this ordinance to be published in accordance with Government Code § 36933 in a newspaper of general circulation which is hereby designated for that purpose. Section 5. This Ordinance shall go into on the 31st day after its passage. Ordinance No. _____ Page 14 of 14 01203.0005/741919.1 PASSED, APPROVED and ADOPTED this 19th day of October 2021. ______________________________ Eric Alegria, Mayor ATTEST: _______________________ Teresa Takaoka, City Clerk State of California ) County of Los Angeles ) ss City of Rancho Palos Verdes ) I, Teresa Takaoka, City Clerk of the City of Rancho Palos Verdes, do hereby certify that the whole number of members of the City Council of said City is five; that the fore going Ordinance No. _____ was duly adopted by the City Council of said City at a regular meeting thereof held on October 19, 2021, and that the same was passed and adopted by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: __________________________ Teresa Takaoka, City Clerk CrrYOF RANCHO PALOS VERDES TO: FROM: HONORABLE MAYOR & CITY COUNCIL MEMBERS CITY CLERK DATE: OCTOBER 5, 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. H Description of Material Email exchange between Finance Director Nguyen and Mickey Rodich Corrections to Report and Attachment A (Professional Services Agreement with Chill Entertainment) 1 Email exchanges between: City Manager Mihranian and Sharon Yarber;· Senior Administrative Analyst Waters and Sharon Yarber; Senior Administrative Analyst Lozano and Sharon Yarber; Senior Administrative Analyst Lozano and Mickey Rodich; Public Correspondence for Item 1 4 Corrections to Report; Email exchanges between: City Manager Mihranian and Sharon Yarber; City Attorney Wynder and Sharon Yarber; Emails from: Darius Vitkus; John Hodgkinson 5 Email from Mickey Radich ** PLEASE NOTE: Materials attached after the color page(s) were submitted through Monday, October 4, 2021**. ~.::::d, Teresa Takaoka L:\LA TE CORRESPONDENCE\202112021 Coversheets\20211 005 additions revisions to agenda.docx From: Teresa Takaoka Sent: To: Tuesday, October 5, 2021 1 :41 PM CityClerk Subject: FW: Council Meeting 10/05/21 Item #H -Use of ARPA Funds From: Trang Nguyen <Tnguyen@rpvca.gov> Sent: Tuesday, October 5, 20211:17 PM To: Mickey Radich <mickeyrodich@gmail.com> Cc: CC <CC@rpvca.gov>; Vina Ramos <Vramos@rpvca.gov>; Ara Mihranian <AraM@rpvca.gov>; Megan Barnes <mbarnes@rpvca.gov>; Karina Banales <kbanales@rpvca.gov> Subject: FW: Council Meeting 10/05/21 Item #H -Use of ARPA Funds Good afternoon Mr. Rodich , Thank you for your late correspondence on consent item #H . Staff presented the projects to the City Council on September 21 and the City Council approved the recommended projects with an understanding that the City Council will have a chance to review the progress of each project annually and reappropriate funding if necessary . The budget appropriation for tonight is $4.8 million for projects that are scheduled to start in FY 2021-22. To respond to your concern regarding "conditions and restrictions" associated with using the ARPA funds. The answer is there are no conditions and restrictions. As long as the project meets the eligibility requirement, the project qualifies for ARPA funding . As described in the staff report on September 21, Ladera Linda and other infrastructure projects recommended are eligible because it is a pay-go project. Staff recommended the use of ARPA for these specific projects because it is shovel-ready and the City is required to spend this money by December of 2026 . Finally, the use of ARPA funding for Ladera Linda was approved by the City Council on May 18 as one of the financing options for this project. Please let me know if you have any questions or concerns. Thank you, Trang Nguyen Director of Finance tnguyen@rpvca.gov Phone -(310) 544-5278 . •-. .. ' D WNLOAD '/1iv,, _;,p J A..,~.., th• A pp s, .. ., ...... ~lo Plev 1 City of Rancho Palos Verdes 30940 Hawthorne Blvd. # I .-,, I J) 11 1 I ,,i O • ... • App Store • Google Play Rancho Palos Verdes, CA 90275 Website: www.rpvca.gov This e-ma il message contains information be longing to the City of Rancho Palos Verdes, which may be priv il eged, confidential and/or protected from d isclosure . The information is intended only for use of the indiv idual or entity named. Unauthorized dissemination, distribution, or copying is strictly proh ibited. If you received this ema il in error, or are not an intended recip ient, please notify the sender immed iately. Thank you for your assistance and cooperation. City Hall is open to the public during regular business hours . To help prevent the spread of COV/0 -19, visitors are required to wear face coverings and adhere to physical distancing guidelines . Some employees are working on rotation and may be working remotely. If you need to visit City Hall, please schedule an appointment in advance by calling the appropriate department and follow all posted directions during your visit. Walk -ups are limited to one person at a time. Please note that our response to your inquiry could be delayed. For a list of department phone numbers, visit the Staff Directory on the City website. From: Vina Ramos <Vramos@rpvca.gov > Sent: Tuesday, October 5, 202111:13 AM To: Trang Nguyen <Tnguyen@rpvca .gov > Subject: FW: Council Meeting 10/05/21 Item #H -Use of ARPA Funds From: Megan Barnes <mbarnes@rpvca.gov> Sent: Tuesday, October 5, 202110:54 AM To: Vina Ramos <Vramos@rpvca.gov > Cc: Karina Banales <kbanales@rpvca.gov > Subject: FW: Council Meeting 10/05/21 Item #H -Use of ARPA Funds From: Mickey Rodich <mickeyrodich@gmail.com > Sent: Tuesday, October 5, 202110:52 AM To: CC <CC@rpvca.gov > Subject: Fwd: Council Meeting 10/05/21 Item #H -Use of ARPA Funds CAUTION: This email orl inated from outside of the Cit'l of Rancho Palos Verdes. It seems as though our staff has already committed all of our $9.9 million ARPA funds that we will receive from the government without a thorough study of our needs. Once our City Attorney determines if ARPA funds can be used toward the new Ladera Linda park, then the important question is, what are the "Conditions and Restrictions" associated with 2 using the ARPA funds? The same question applies to the balance of the park financing, what are the "Conditions and Restrictions"? It would seem that obtaining a loan from our current bank would be more practical and not have any social conditions attached to the loan, when compared to government loans and grants. That will allow RPV to operate the new park as they see fit. That way we can charge non- residents a little more for use of our park facilities than we do for residents. The PB Landslide is more deserving of some of the ARPA funds than the $350,000 request for Park Monument Signs or the $125,000 request for wildlife monitoring cameras, amongst other projects. The Council should consider placing a $250,000 ground monitoring sensor system throughout the landslide area connected to real time satellites to track even minute movements of the landslide. What are we waiting for; PVDS to slide into the ocean. Or what about hirihg a graduate geologist from a university with a mining department, instead of another senior engineer? It seems like the staff is planning to spend all of that $9.9million ARPA funds before it burns a hole in the city's pocket. 3 From: Sent: To: Cc: Subject: Matt Waters Tuesday, October 5, 2021 4:21 PM cc CityClerk; Cory Linder; Emily Rodin Late Correspondence Item I Attachments: Late Corresondence Draft RPV -CA approved PSA BH SKATING PARKS LLC_Chill Entertainment 2021 .pdf Good Afternoon Honorable Mayor and City Council Members, Staff is submitting the attached draft Professional Service Agreement as late correspondence to City Council Agenda Item I-Civic Center Ice Rink. This agreement was approved by the City Attorney and is currently under review by BH Skating Parks LLC . Staff is also submitting the following correction as late correspondence to City Council Agenda Item I: On page 1 and page 2, the report states the contract amount is $58,000. The correct amount is $53,997. Sincerely, Matt Waters Senior Administrative Analyst City of Rancho Palos Verdes Recreation and Parks Department 30940 Hawthorne Blvd . Rancho Palos Verdes, CA 90275 www.rpvca .gov mattw@rpvca.gov -(310) 544-5218 p 1 I. Late Correspondence: Item I Ice Skating Rink at Upper Point Vicente Park/Civic Center Draft Contract Services Agreement: Still under review by Chill Entertainment (BH Skating Parks, LLC) CONTRACT SERVICES AGREEMENT By and Between CITY OF RANCHO PALOS VERDES and BH SKATING PARKS, LLC 01203.0001/741728.3 1 AGREEMENT FOR CONTRACT SERVICES BETWEEN THE CITY OF RANCHO PALOS VERDES AND BH SKATING PARKS, LLC THIS AGREEMENT FOR CONTRACT SERVICES (herein "Agreement") is made and entered into on October 5, 2021, by and between the CITY OF RANCHO PALOS VERDES, a California municipal corporation ("City") and BH SKATING PARKS, LLC, an Arizona limited liability company ("Consultant"). City and Consultant may be referred to, individually or collectively, as "Party" or "Parties." RECITALS A. City has sought, by issuance of a Request for Proposals, the performance of the services defined and described particularly in Article 1 of this 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 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", as stated in the Proposal, 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 and that all materials will be both of good quality as well as fit for thc purpose 01203.0001/741728.3 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 Proposal 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 1 720 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 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 of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The 01203.0001/741728.3 2 Consultant shall, as a penalty to the City, forfeit $200 (two hundred dollars) 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 of the location of the 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 60 (sixty) 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 8 (eight) 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 $25 (twenty five dollars) 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 8 (eight) hours in any one calendar day and 40 (forty) 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 8 (eight) hours per day, and 40 (forty) 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 1 ½ ( one and one half) 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 unde1iake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." 01203.0001/741728.3 3 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 in the form of a Change Order. 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. 01203.0001/741728.3 4 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 Change 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 15% of the Contract Sum; or, in the time to perform of up to 90 (ninety) days, may be approved by the Contract Officer through a written Change Order. 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. If in the performance of the contract scope, the Consultant becomes aware of material defects in the scope, duration or span of the contract or the Consultant becomes aware of extenuating circumstance that will or could prevent the completion of the contract, on time or on budget, the Consultant shall inform the Contracting Officer of an anticipated Change Order. This proposed change order will stipulate, the facts surrounding the issue, proposed solutions, proposed costs and proposed schedule impacts. 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. 01203.0001/741728.3 5 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 $53,997 (Fifty Three Thousand Nine Hundred Ninety-Seven Dollars) (the "Contract Sum"), unless additional compensation is approved pursuant to Section 1.9. 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; (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, and (b) 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 4.5, 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, using the City template, or in a format acceptable to the City, 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 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 45 (forty-five) days of receipt of Consultant's correct and 01203.0001/741728.3 6 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. ARTICLE 3. PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this 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 through a Change Order, but not exceeding 90 (ninety) days cumulatively. 3.3 Force Maieure. 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 10 (ten) 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. 01203.0001/741728.3 7 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 year from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit "D"). The City may, in its discretion, extend the Term by one additional one-year terms. 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: Steve Frisken Principal (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 the personnel included in the Proposal 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. City shall have the right to approve or reject any proposed replacement personnel, which approval shall not be unreasonably withheld. 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. 01203.0001/74 I 728.3 8 4.3 Contract Officer. The Contract Officer shall be Cory Linder, Director of Recreation and Parks, 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, 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; all subcontractors included in the Proposal are deemed approved. 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 25% (twenty five percent) 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 01203.0001/741728.3 9 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. (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. (t) 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. 01203.0001/741728.3 (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 an<l 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 and continuously maintain 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. ( 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 prov1s10ns (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 iriinimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained 01203.0001/741728.3 11 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 30 (thirty) day notice of cancellation (except for nonpayment for which a 10 (ten) 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 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 n::sponsibility for ensuring that such coverage is provided in confon11ity 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 90 (ninety) 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. 01203.0001/741728.3 12 ( 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: (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 01203.0001/741728.3 13 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 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 01203.0001/741728.3 14 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 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 01203.0001/741728.3 15 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 15 (fifteen) 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. 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. 01203.0001/741728.3 16 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 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 30 (thirty) 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. 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. 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 of termination without cause pursuant to this Section, the City need not provide the Consultant with the opportunity to cure pursuant to Section 7.2. 7.8 Termination for Default of Party. If termination is due to the failure of the other Party to fulfill its obligations under this Agreement: (a) 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. (b) Consultant may, after compliance with the provisions of Section 7 .2, terminate the Agreement upon written notice to the City's Contract Officer. Consultant shall be entitled to payment for all work performed up to the date of termination. 01203.0001/741728.3 17 7.9 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. 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 of this 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 hy 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, 01203.0001/74 I 728.3 18 religion, sex, gender, sexual orientation, marital status, national ongm, 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 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 01203.0001/741728.3 19 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 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 of the parties. [SIGNATURES ON FOLLOWING PAGE] 01203 .0001/741728.3 20 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written. ATTEST: Teresa Takaoka, City Clerk APPROVED AS TO FORM: ALESHIRE & WYNDER, LLP William W. Wynder, City Attorney CITY: CITY OF RANCHO PALOS VERDES, a municipal corporation Eric Alegria, Mayor CONSULTANT: BH SKA TING PARKS, LLC, an Arizona limited liability company By: ______________ _ Name: Title: By: ______________ _ Name: Title: Address: 9299 W Olive Ave, #811, Peoria AZ 85345 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. 01203.0001/741728.3 21 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 PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: _______________ _ OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form CAPACITY CLAIMED BY SIGNER 0 INDIVIDUAL 0 CORPORA TE OFFICER □ □ □ □ □ □ TITLE(S) PARTNER(S) 0 LIMITED GENERAL ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER ____________ _ SIGNER IS REPRESENTING: (NAME OF PERSON(S) OR ENTITY(IES)) 01203.0001/741728.3 DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 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 ce1iificate 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 PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: ______________ _ OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER 0 INDIVIDUAL 0 CORPORA TE OFFICER □ □ □ □ □ □ TITLE(S) LIMITED PARTNER(S) 0 GENERAL ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER ------------- SIGNER IS REPRESENTING: (NAME OF PERSON(S) OR ENTITY(IES)) 01203.0001/741728.3 DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE EXHIBIT "A" SCOPE OF SERVICES I. Consultant will provide and install a public skating venue, for temporary use, featuring a synthetic ice skating rink floor, perimeter borders, guest/skater lounge, supply of skates, maintenance equipment, in addition to providing associated materials, equipment and selected services (the "Services") as listed below, to the City for use at the Upper Point Vicente Park/Civic Center located at 30940 Hawthorne Blvd, Rancho Palos Verdes, CA 90275, for use on December 1, 2021 through January 3, 2022. A. PopupRink Services • Consultant will provide and install a mobile PopupRink, featuring a synthetic skating rink floor, perimeter borders, guest/skater lounge, supply of skates, maintenance equipment, and recommended tools for guest management, for a venue size estimate to be 1850 to 2400 square feet, in addition to a skating area of 2100 square feet. B. Delivery/Installation & Removal • Consultant will transport, deliver, and pick up all materials to the site selected by the City. • Consultant will be responsible for all installation and removal. • Consultant will install rink on a solid flat concrete surface to support rink construction. • City provide access to rink site. • Consultant will provide a sub-floor deck at an additional cost if installation is required on n areas such as grass or dirt. • Consultant will commence removal at the direction of the City, either immediately following the end of the final skating session, or scheduled end of event activities. • Surcharges may apply to areas without drive up or ramp access. • Fees charged for these services include driver expenses, fuel charges, carrier fees, labor services, and expenses. C. Sub-Floor • 01203.0001/741728.3 Consultant will supply, install and remove a plywood sub-floor deck, for an estimated 2800 square foot area. A-1 D. Event Management • Consultant will provide the following event management services for 120 regular hours, excluding federal holiday hours. • Consultant will be responsible for team coaching, recruiting, screening, and training of necessary hosts and event staff. • Additional services Consultant will provide at no additional cost may include: o Provide host(s)/staff, as needed, for, session management o Check-in procedures o Obtaining waiver signatures o Handling skates o General safety monitoring and basic site maintenance o Handling payment transactions o Administrative and wireless data support o Scheduling, bookings, and activity programming o Applicable filing and reporting o Supply management E. POS Services • Includes onsite wireless credit payments. • Internet connection is required. • Setup fee, plus fee of 5% per transaction. F. Miscellaneous • 01203.0001/741728.3 City will pay for Consultant's driver's hotel charges from date of arrival until removal date and departure, as provided in Exhibit "C", Schedule of Compensation. A-2 EXHIBIT "B" SPECIAL REQUIREMENTS (Superseding Contract Boilerplate) Added text indicated in bold italics, deleted text indicated in strikethrough. [INTENTIONALLY LEFT BLANK] 01203.0001/741728.3 B-1 EXHIBIT "C" SCHEDULE OF COMPENSATION Product/Service Quantity Price Total PopupRink Services 1 $18,999 $18,999 Deli very /Installation 1 $4,999 $4,999 & Removal Sub-Floor 1 $17,999 $17,999 Event Management 120 Hours $100 $12,000 Fee POS Services 1 $500 $500 Miscellaneous 1 $500 $500 Hotel charges for installation and removal Welcome Promo 1 ($1,000.00) ($1,000.00) Grand Total $53,997 01203.0001/741728.3 C-1 EXHIBIT "D" SCHEDULE OF PERFORMANCE A. Consultant will install the ice skating rink by December 2, 2021. B. Consultant will operate the ice skating rink on: Dec. 3-5 Dec. 10 -12 Dec. 17 -19 Dec. 27 -31 Fri/Sat/Sun Fri/Sat/Sun Fri/Sat/Sun M/Tu/Wed/Th/Fri 1 p.m.-8 p.m. 1 p.m.-8 p.m. 1 p.m.-8 p.m. 1 p.m.-8 p.m. C. Consultant will remove ice skating rink and all materials by January 3, 2022. 01203.0001174172g.3 D-1 From: Sent: To: Subject: FYI Ara Michael Mihranian City Manager 30940 Hawthorne Blvd . Ara Mihranian Friday, August 13, 2021 1 :26 PM Cory Linder; Daniel Trautner; Matt Waters FW : Parking reservations question Rancho Palos Verdes, CA 90275 310-544 -5202 (telephone) 310-544 -5293 (fax) aram@rpvca.gov www .rpvca .gov Do you rea ll y need to print this e-mai l? This e-mai l message conta in s information belonging to the City of Rancho Pa los Verdes, which may be pr ivileg ed, confidential and/or protected from disclosure . The information is intended only for us e of the individual or entity named. Unauthorized dissemination, distribution, or copying is strictly prohibited . If you received this ema il in error, or are not an intended recip ient, please notify the sender immed iately . Thank you for your assistance and coope ration. DOWNLOAD 'hi:,, From: momofyago@gmail.com <momofyago@gmail.com> Sent: Wednesday, August 11, 2021 7:56 PM To: Ara Mihranian <AraM@rpvca .gov> Subject: Re: Parking reservations question 1 1. Thanks, Ara . I figured it has something to do with getting info to enforcement personnel but I will send comments and suggestions . Sent from my iPhone · On Aug 11, 2021, at 7 :28 PM, Ara Mihranian <AraM@rpvca.gov > wrote: Hi Sharon, I hope all is well with you . I understand how inconvenient the reservation system's 11 :59 p .m . requirement is especially for the spontaneous or change of plan visits . In general, the reservation system is intended to minimi ze traffic congestion impacts to the surrounding residents when motorists are looking for a parking space. The advanced reservation is intended to provide parking enforcement personnel with information prior to operating hours to run a report for the upcoming day to determine who has properly reserved a space . That said, it is a pilot program and staff will likely recommend modifications to simplify the process when we go back to the Council on October 5. In advance of October 5, it would be helpful if you provided the City with comments and suggested modifications to consider. Best, Ara Ara Michael Mihranian City Manager <image001.jpg> 30940 Hawthorne Blvd. Rancho Palos Verdes , CA 90275 310-544 -5202 (telephone) 310 -544 -5293 (fax) a ra m @ rpv ca .gov www .rpvca.gov ~ Do you really need to print this e-ma il ? This e-ma il message contains information be long ing to t he City of Rancho Pa los Verdes, which may be privi leged, confidential and/or protected from disclosure. The information is intended on ly for use of the ind ividual or entity named. Unauthorized dissemination, distrib ution, or copying is strictly proh ibited. If yo u received this ema il in error, or are not an in tended recipien t, please notify the sender immediately . Thank you for your ass istance and cooperation. <image002 .png> <image003.png > 2 <image004 .png > From: sharon yarber <momofyago@gmail.com > Sent: Tuesday, August 10, 2021 8:58 AM To: Ara Mihranian <AraM@rpvca .gov > Subject: Parking reservations question CAUTION: This email ori inated from outside of the Cit of Rancho Palos Verdes. Hi Ara, What is the rationale for having to make a reservation by 11:59 PM the evening before you want to reserve for the next day? What if my plans change and I am available to go there at 5:00 PM and there is a spot available? Why shouldn't I be able to take it and go? Sharon 3 From: Matt Waters Sent: To: Tuesday, August 24, 2021 11 :48 AM sharon yarber Cc: Daniel Trautner Subject: RE: Parking at Del Cerro You 're v ery welcome, Sharon . Please let me know if you have any add itional quest ions. Thanks, Matt From: sharon yarber <momofyago@gmail.com> Sent: Tuesday, August 24, 202111:21 AM To: Matt Waters <MattW@rpvca.gov> Subject: Re: Parking at Del Cerro CAUTION: This email ori inated from outside of the Cit of Rancho Palos Verdes. Thank you., Matt. This is very valuable information. I appreciate your efforts! Sharon On Tue, Aug 24, 2021 at 9:20 AM Matt Waters <MattW @rp vca.gov > wrote : . Hi Sharon, Good morning . The in-ground sensors installed at each parking space give precise time data showing how long each vehicle is parked . Visitors reserve a space but the system records their actual arrival and departure time . The 2hr 45 minutes reservation blocks were set based on informal Park Ranger and Open Space Management staff observations to allow for ample time for a wide range of hikes in the Del Cerro area without requiring visitors to rush back to their vehicles. With sensor date, we are n_ow ?ble to determine and analyze precise visitation lengths. This information will be included in the October 5 City Council report . 1 /. Sincerely, Matt Waters From: momofyago@gma i l.com <momofyago@gmail.com > Sent: Monday, August 23, 2021 2:18 PM To: Matt Waters <MattW@rpvca .gov > Subject: Re: Parking at Del Cerro CAUTION: This ema il ori ina t ed from ou ts ide of t he City of Rancho Palos Verdes. Thanks, Matt, So this time slot was set by staff and perhaps council without any surveys being conducted of users to see how much time they typically spend in the Preserve? How will the system be able to determine how long people actually stay? Do they check out when they leave, and check in when they arrive? So I could book 1-3:45 and show up at 2:30 and leave at 3:30? How would the system know when I arrived and left? I have not used it yet. Sent from my iPhone On Aug 23, 2021, at 8:22 AM, Matt Waters <MattW@rpvca .gov > wrote: Hi Sharon, Good morning. The 2hr 45 minute blocks of t ime were established to create a sufficient period for visitors to park, reach the trailhead, hike and return to t heir cars and depart without being rushed . The ParkMobile system allows Staff to evaluate actual visitation time data during the first few m on t hs of o peration . Th at dat a wi ll inform po ssi bl e ad ju stme nts t o the syste m w hen Cit y Cou ncil r eceives an up date at itsOcto be r 5 mee t i ng . 2 Take Care, Matt From: momofyago@gmail.com <momofyago@gmail.com > Sent: Friday, August 20, 2021 3:35 PM To: Matt Waters <MattW@rpvca.gov> Subject: Re: Parking at Del Cerro CAUTION: This email originated from outside of the Cit of Rancho Palos Verdes. Great. Thank you and have a nice weekend, Sent from my iPhone On Aug 20, 2021, at 3:04 PM, Matt Waters <MattW@rpvca.gov> wrote: Hi Sharon, Good afternoon. Sorry about the delay . I'm away from the office today but I'll be able to get back you with a response on Monday. Take Care, Matt Waters Senior Administrative Analyst C ity of Ra nc ho Pa los Verdes 3 Recreation and Parks Department 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 https://www.rpvca .gov/ mattw@rpvca.gov -{310) 544-5218 From: momofyago@gmail.com <momofyago@gmail.com > Sent: Friday, August 20, 20211:50 PM To: Matt Waters <MattW@rpvca .gov > Subject: Re: Parking at Del Cerro CAUTION : This email ori inated from outside of the City of Rancho Palos Verdes . Hi Matt, Following up on my email from Tuesday. I would like to know how the three hour time slot was selected . Was there any data gathered upon which the decision was made? If so, please provide the data. Thank you. Sent from my iPhone On Aug 17, 2021, at 8:58 AM, momofyago@gmail.com wrote: Thank you, Matt. Can you tell me on what data the three hour reservation block was established? Sent from my iPhone -~-------·· -·. ---····-··-----······• -·· On Aug 16, 2021, at 3:21 PM, Matt Waters <MattW@rpvca.gov > wrote: 4 Hi Sharon, Thank you for your email and your ideas to improve the parking situation in the Del Cerro area . Many residents and Preserve visitors have contacted the City with their concerns, suggestions and frustrations . The initial phase of ParkMobile's implementation was never intended to be a final version; the assumption from the start was that tweaks and adjustments would be necessary. Staff will be bringing a detailed analysis of the program to the City Council on October 5 along with suggested modifications to improve the end -user experience while still minimizing the impacts on adjacent residents. Your comments and suggestions will be considered as part of that report. Sincerely, Matt Waters Senior Administrative Analyst City of Rancho Palos Verdes Recreation and Parks Department 30940 Hawthorne Blvd . Rancho Pa los Verdes , CA 90275 www .rpvca.gov mattw@rpvca .gov -(310) 544-5218 p -(310) 544 -529 1 f 5 <image00l.png> From: sharon yarber <momofyago@gmail.com > Sent: Friday, August 13, 20211:50 PM To: CC <CC@rpvca.gov >; Ara Mihranian <Ara M@rpvca.gov > Subject: Parking at Del Cerro lCAUTION : This email originated from outside of the City of l [Rancho Palos Verdes. Dear Council, I know that finding a perfect solution to a problem can be challenging. The reservation system on Crenshaw certainly has merit, but the requirement that all reservations be made by one minute before midnight the preceding day is not particularly rational and needs to be improved. While one might not plan to go to Del Cerro on a given day, plans can change unexpectedly and there should be no reason why someone should not be able to avail themselves of a parking reservation if a space is available and desired on short notice. Furthermore, I don't think we have gathered sufficient information to cause the reserved time to be as long as it is. If someone makes a reservation for a three hour slot and then leaves in an hour, that space is left unoccupied for two hours. This is unfair, though certainly effective if the goa l in having .. _such a long time slotis-to significantly reduce the - number of visitors and cars, but this is particularly unfair to residents whose tax dollars completely support the Preserve and those many dollars are 6 unavailable for other things needed or wanted in RPV. Perhaps you can consider a tiered approach: $5.00 for one hour, $10 for two hours and $15 for three hours. What data does the City staff have that justified the selection of a three hour time slot in the first place? Was a poll taken of visitors to see how long the average visitor stayed in the Preserve? I recognize that the cutoff time is designed to enable enforcement personnel to have adequate time to gather the information about which persons have reservations or not, but a more streamlined system that can be updated in real time is needed. I have always enjoyed hiking in the Portuguese Bend Reserve, and as a resident with the necessary permit sticker I have never once had trouble getting a spot on Park Place, so to have to reserve a space that is for the exclusive use of residents with permits seems unnecessary. If you get there and there's no space, oh well, but that has never happened and I go on the weekends during peak traffic and usage times. Please eliminate the need for residents to make reservations on Park Place, shorten the blocks of time for reservations or establish a tiered system, and upgrade the system that tracks reservations so that the information can be updated in real time for enforcement personnel and enable reservations to be made same day. Thank you, Sharon Yarber 7 From: Sent: To: Subject: Late correspondence. From: Katie Lozano Katie Lo zano Tuesday, October 5, 2021 2:00 PM CityClerk FW: Parking issues at Portuguese Bend ReseNe Sent: Tuesday, October 5, 20211:59 PM To: momofyago@gmail.com Cc: 'CC' <CC@rpvca.gov> Subject: FW: Parking issues at Portuguese Bend Reserve Hello Ms. Yarber, Thank you for your email. Regarding the fixed 2.75 -hr timeslot for parking reservations, staff worked with ParkMobile to chose this amount of time for the purpose of setting limits to the number of reservations that could be made within one day, in order to reduce the amount of traffic on Crenshaw Blvd. south of Crest Rd . We also worked with the consultant to determine that this would give visitors ample time to complete their visit, and a little flexibility in case they arrived slightly late for their reservation time. However, it, with many aspects of ParkMobile, can be modified as needed to best suit the City's Preserve parking and access needs . Regarding the correspondence, staff has only been including correspondence received after the listserv message announcing the agenda item was released to the public on Wednesday, September 29. These emails received prior to Monday, are available using the link below: https ://rpv.granicus .com/MetaViewer.php?view id =5&event id =1698&meta id =97791 Additional late correspondence will be available using this link later today, and the latest late correspondence received will be available tomorrow morning. The City received a lot of emails and calls since we implemented ParkMobile in July, and staff summarized the biggest concerns heard. The most common concerns were difficulty using the system and having to make reservations the day prior. Staff also heard feedback that the parking fee is too high. Since receiving your email below, staff will also be including your previous emails as late correspondence . Please let me know if I can provide additional information. Thank you, Katie Lozano Senior Administrative Analyst Recreation and Parks Department katiel@rpvca.gov .. •--.. ' DOWNLOAD 'hl1r y~'J 1 /. Phone -(310) 544-5267 City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 Website: www.rpvca.gov , I ,r, 11 I' 11 1 • •i • -•, • App Store · • Goog le Play 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. City Hall is open to the public during regular business hours. To help prevent the spread of COV/0 -19, visitors are required to wear face coverings and adhere to physical distancing guidelines . Some employees are working on rotation and may be working remotely. If you need to visit City Hall, please schedule an appointment in advance by calling the appropriate department and follow all posted directions during your visit. Walk-ups are limited to one person at a time . Please note that our response to your inquiry could be delayed. For a list of department phone numbers, visit the Staff Directory on the City website. From: sharon yarber <momofyago@gmail.com > Sent: Sunday, October 3, 202112:09 PM To: Ara Mihranian <AraM@rpvca.gov > Cc: CC <CC@rpvca.gov > Subject: Parking issues at Portuguese Bend Reserve CAUTION: This email originated from outside of the Cit of Rancho Palos Verdes . Hi Ara, I generally support the revisions that staff has recommended. I especially agree with eliminating the requirement for residents with permits to make reservations to park on Park Place. I also support allowing same day reservations . One additional comment I made to staff in earlier correspondence with Matt Waters, is the time slot of 2.75 hours was too long. The program should allow for more flexibility. Why can't someone make a reservation for one hour, or maybe 11/2 hours? 2.75 hours is too long and I seriously doubt that most visitors spend that much time in the Preserve. I asked for data to support the establishment of the time slot and apparently there really isn't any other than anecdotal evidence gleaned by rangers . That is not data. I also would like to know why no correspondence is attached to the agenda item regarding this matter. I have sent emails and they are not attached and I am certain there must have been others as well. I would like to know what other people have to say . Is there any correspondence from anyone besides myself on this agenda topic? If so, please forward and also have staff post it to the website . Thank you, Sharon 2 From: Sent: To: Subject: Late correspondence. From: Katie Lozano Katie Lozano Tuesday, October 5, 2021 1 :24 PM CityClerk FW : Council Meeting 10/05/21 Item #1 -Sunset The Pilot Preserve Shuttle Program Sent: Tuesday, October 5, 20211:23 PM To: 'Mickey Rodich' <mickeyrodich@gmail.com> Cc: 'CC' <CC@rpvca .gov> Subject: RE: Council Meeting 10/05/21 Item #1 -Sunset The Pilot Preserve Shuttle Program Hello Mr. Rodich, I also should have included in my previous email that staff is recommending to sunset the Pilot Preserve Shuttle Program in the October 5 agenda item, as you support below. Thank you again for your feedback. Thank you, Katie Lozano Senior Administrative Analyst Recreation and Parks Department katiel@rpvca.gov Phone -(310) 544-5267 City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 Website: www.rpvca.gov . -.. . I , 1 •• r1I t t ti • • ,~ •f" •• '"'- • App Store -• Goog le Play 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 prohib ited . 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 . City Hall is open to the public during regular business hours. To help prevent the spread of COVJD -19, visitors are required to wear face coverings and adhere to physical distancing guidelines. Some employees are working on rotation and may be working remotely. If you need to visit City Hall, please schedule an appointment in advance by calling the appropriate department and follow all posted directions during your visit. Walk-ups are limited to one person at a time. Please note that our response to your inquiry could be delayed. For a list of department phone numbers, visit the Staff Directory on the City website. 1 /. From: Katie Lozano Sent: Tuesday, October 5, 20211:14 PM To: Mickey Radich <mickeyrodich@gmai l.com > Cc: CC <CC@rpvca.gov > Subject: FW: Council Meeting 10/05/21 Item #1 -Sunset The Pilot Preserve Shuttle Program Hello Mr. Radich, Thank you for your email, and for pointing out that error in the staff report. Staff calculates $32 per one -way passenger trip. This is calculated by dividing the Proposition A funding for the Shuttle Program ($20,000) by the 620 total one-way trips which were reported out at the July 6, 2021 staff report. Thank you, Katie Lozano Senior Administrative Analyst Recreation and Parks Department katiel@rpvca.gov Phone -(310) 544-5267 City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 Website: www.rpvca.gov "' -0 . -•-. .. • DOWNLOAD 'Ill!( YP\J A..,~.,•h•APIPSo.,. -~!Ploy , I ~• 11 t • ' f I I 1 ~ r ,; f 't .._ • App Store :·' • Google Play 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 1n error, or are not an intended recipient, please notify the sender Immediately. Thank you for your assistance and cooperation. City Hall is open to the public during regular business hours. To help prevent the spread of COV/0 -19, visitors are required to wear face coverings and adhere to physical distancing guidelines. Some employees are working on rotation and may be working remotely. If you need to visit City Hall, please schedule an appointment in advance by calling the appropriate department and follow all posted directions during your visit. Walk-ups are limited to one person at a time. Please note that our response to your inquiry could be delayed. For a list of department phone numbers, visit the Staff Directory on the City website. From: Mickey Radich <mickeyrodich@gmail.com > Sent: Tuesday, October 5, 202111:17 AM To : CC <CC@rpvca.gov > Subject: Council Meeting 10/05/21 Item #1 -Sunset The Pilot Preserve Shuttle Program CAUTION: This email ori inated from outside of the Cit of Rancho Palos Verdes. 2 I urge the City Council to sunset the Pilot Preserve Shuttle Program. It is one of the biggest waste of money our City staff has recommended. In the interest of transparency I feel that the staff report should indicate the actual cost per passenger instead of $XXX. Staff should be able to calculate the actual number. It is around $60 per passenger trip. RPV could have paid for Uber to shuttle the passengers at a much lower cost. 3 Public Correspondence for Item 1 Daniel Trautner From: Daniel Trautner Sent: To: Monday, September 13, 2021 8:18 PM Leon Blum; Preserveparking Subject: RE: Del Cerro Availability Hello, Thank you for contacting the Recreation and Parks Department regarding the Del Cerro Parking Program. What day and time are you looking to visit? I have attached the reservation page. Let me know if you are still having issues finding parking. https://app.parkmobile.io/venue/city-of-rancho-palos-verdes/events Regards, Daniel Trautner Deputy Director City of Rancho Palos Verdes Department of Recreation and Parks --------Original message-------- From: Leon Blum <leonblum@hotmail.com> Date: 9/13/21 8:11 PM (GMT-08:00) To: Preserveparking <preserveparking@rpvcagov.onmicrosoft.com> Subject: Del Cerro Availability CAUTION: This email originated from outside of the City of Rancho Palos Verdes. Hi, I'd like to know how many spaces per day are available to non RPV residents for Zones B-F. I have tried to reserve on the app, but there's zero availability listed; however, all zones are empty of parked vehicles throughout the weekday afternoons during the times I tried to reserve. Please let me know about the availability of spaces and if the City has eliminated parking for non RPV residents around Del Cerro park. Thank you Leon 1 Daniel Trautner From: Sent: To: Subject: Hello Adam, Daniel Trautner Tuesday, August 24, 2021 9:40 AM Adam Sandford; Trails; Preserveparking RE: Tuning for Portuguese bend parking Thank you for contacting the Department of Recreation and Parks . We really appreciate the feedback and suggestions . We are returning the City Council on October 5th with modifications and suggested changes to the parking program. We hope to improve on the process and reservations system . Again, thank you for your input. Regards, Daniel Trautner Deputy Director Recreation and Parks City of Rancho Palos Verdes dan ie lt@rpvca .gov -Off (310) 544-5264 -Fax (310) 544-5379 City Hall is open to the public during regular business hours . To help prevent the spread of COVID-19, visitors are required to wear face coverings and adhere to physical distancing guidelines . Some employees are working on rotation and may be working remotely. If you need to visit City Hall , please schedule an appointment in advance by calling the appropriate department and follow all posted directions during your visit. Walk-ups are limited to one person at a time. Please note that our response to your inquiry could be delayed . For a list of department phone numbers , visit the Staff Directory on the City website. From: Adam Sandford <dradamsandford@gmail.com> Sent: Saturday, August 21, 202110:47 AM To: Trails <trails@rpvca .gov>; Preserveparking <preserveparking@rpvcagov.onmicrosoft.com> Subject: Tuning for Portuguese bend parking CAUTION: This email ori inated from outside of the City of Rancho Palos Verdes . Hi folks, I support your goals of managing the congestion, as well as raising revenue for the reserve. I have a couple of suggestions that might help. 1) Duration Timing . 2:45 hours is short for many of the hikes . 2) Having 7am and 10am start times don't fit many schedules . Suggestions 1) extend the duration to 3:45 -4 hours 2) Stagger start times per zone . I.e. zone A starts 7 & 11. B start 8 & 12. 1 3) Allow "day of" scheduling starting 15 minutes before the start time, spaces and app functionality permitting. Today was a bit drizzly, but if what I saw is any indication of what it's normally like, I was one of 4 cars in any of the zones at 9am, which is a tremendous revenue loss for the city. I think that the changes above would unlock that revenue stream & make your customers happy. Cheers, Dr A 2 Daniel Trautner From: Sent: To: Cc: Subject: Hello Lori, Daniel Trautner Monday, August 9, 2021 5:01 PM lori@ephotowerks.com Preserveparki ng RE: Parking at Del Cerro park Thank you for contacting the Department of Recreation and Parks . Please see response below in RED . Thanks! Daniel Trautner Deputy Director Recreation and Parks ~ City of Rancho Palos Verdes danielt@rpvca .gov -Off (310) 544 -5264 -Fax (310) 544-5379 City Hall is open to the public during regular business hours. To help prevent the spread of COVID-19 , visitors are required to wear face coverings and adhere to physical distancing guide lin es . Some emp lo yees are working on rotation and may be working remotely. If you need to visit City Hall, please schedule an appointment in advance by calling the appropriate department and follow all posted directions during your visit. Walk-ups are limited to one person at a time. Please note that our response to your inquiry cou ld be delayed. For a li st of department phone numbers, visit the Staff Directory on the City website. From: lori@ephotowerks.com <lori@ephotowerks .com> Sent: Monday, August 9, 2021 4 :51 PM To: Preserveparking <preserveparking@rpvcagov.onmicrosoft.com> Subject: Parking at Del Cerro park CAUTION: This email ori inated from outside of the Cit of Rancho Palos Verdes. Couple of questions about the new parking system: • Can I pick what time I want to park? The time blocks are preset. Unfortunately, you would need to modify your hike or visit based on these time blocks. o I only see 7am, 9am and Noon in the parking app, but I want to come at 10am. You would need to pick the 9 am to 11:45 time slot . • What if there are no spaces in the zone I have paid for once I get there? Staff are on site to assist with your vi sit. If a spot is not available , staff will assist with an alternative zone . Really wish you guys were using the Passport app for parking like most other cities . I can pull up and pay when I park, (up to a limited time like you want us) ... much more flexible and no worries about not having a spot when I get there. Sometimes I just want to be spontaneous and go for a walk when I feel like it -not have to plan days in advance! Thanks @ Lori 1 Daniel Trautner From: Sent: To: Cc: Subject: Good morning Mr. Maizlish, Daniel Trautner Monday, August 2, 2021 9:40 AM larry@maizlish.com Preserveparking RE: Del Cerro ADA Parking Thank you for contacting the City of Rancho Palos Verdes regarding ADA parking at Del Cerro Park. Sorry for the confusion. I agree the wording is misleading. Without the ability to make same day reservation, there are limited options for individuals looking to park on Park Place. In the meantir £ 1111 ,a.owing cars ~,t!l 11111 II? uds to park in Park Place if the two ADA sports are not available. This is something we plan to address when we return to City Council in October. Thank you again for reaching out. Please feel free to contact me if you have any additional questions or concerns. Regards, Daniel Trautner Deputy Director Recreation and Parks City of Rancho Palos Verdes danielt@rpvca.gov -Off {310) 544-5264 -Fax (310) 544-5379 City Hall is open to the public during regular business hours. To help prevent the spread of COVID-19, visitors are required to wear face coverings and adhere to physical distancing guidelines. Some employees are working on rotation and may be working remotely. If you need to visit City Hall, please schedule an appointment in advance by calling the appropriate department and follow all posted directions during your visit. Walk-ups are limited to one person at a time. Please note that our response to your inquiry could be delayed. For a list of department phone numbers, visit the Staff Directory on the City website. -----Original Message----- From: Larry <larry@maizlish.com> Sent: Thursday, July 29, 2021 9:41 AM To: Preserveparking <preserveparking@rpvcagov.onmicrosoft.com> Subject: Del Cerro ADA Parking CAUTION: This email originated from outside of the City of Rancho Palos Verdes. Hi. Regarding the ADA spaces at Del Cerro park, the City now states "Parking reservations are no longer required for two ADA spaces on Park Place adjacent to Del Cerro Park and the Portuguese Bend Reserve. If both ADA spaces are unavailable, those with ADA placards displayed must use ParkMobile to reserve another parking spot." 1 Please clarify. The resident drives to Del Cerro to use one of the ADA spots, since not reservations are required for those spots, then finds that the spaces are full. So how is the resident then somehow going to use ParkMobile to secure one of the other reservation required spots? ParkMobile requires reservations to be made at least the day before. Please clarify as we may be missing something here. It seems that once the resident drives there to use the ADA spots and finds them full, they have to leave and reserve a space for the next day at the earliest unless there is a way for the residents to reserve a space while they are there. Thanks, Larry Maizlish LA County Fire CERT City of Rancho Palos Verdes Emergency Preparedness Committee voice •■■■• text only larry@maizlish.com <mailto:larry@maizlish.com> Please do not Reply All to this message. The views or opinions expressed in this email are intended to be interpreted as the individual work product of the author. They do not necessarily reflect an official position of the City of RPV, City Council, staff or other entities. 2 Daniel Trautner From: Daniel Trautner Sent: To: Subject: Tuesday, July 20, 2021 8:03 AM Alex Spentzos; Preserveparking RE: Del Cerro Park Reservation Hello Alex, Thank you for contacting the Department of Recreation and Parks. Reservations can be made 3 days in advance of the desired date of visit. For reservations on August 14th, you will have the ability to begin making reservations starting on August 11th at 12 :01 am. Here is the attached reservation link: https://app.parkmobile.io/venue/city-of-rancho-palos-verdes/events Please let me know if you have any additional questions or need further assistance . Regards, Daniel Trautner Deputy Director City of Rancho Palos Verdes Department of Recreation and Parks --------Original message -------- From: Alex Spentzos <alexander.spentzos@gmail.com> Date: 7 /19/21 7:02 PM (GMT-08:00) To: Preserveparking <preserveparking@rpvcagov.onmicrosoft.com> Subject: Del Cerro Park Reservation CAUTION: This email originated from outside of the City of Rancho Palos Verdes . Hello! I am having a wedding nearby at Mary and Joseph Retreat and wanted to take some photos at Del Cerro Park between 1-3 PM on Aug 14. Would it be possible to reserve one parking spot on this day and time? 1 < Prov No.d ) Zone A• ADA and Resident Pilrrnlt locallonOota!ls Emai1.~~t:th: .. All spa,:111(1ucep\thetwo(21AOAspacit1)lnZoneA nu,stl\av.)anRPVR<>Sid.mlR<>cr11.11ionll(e,:,11 Codo. to m:iko l <l$&1VationJ.. If y,o u h.i~G M 3Cllv<l RPV 04Sidentl1Kr<Ml!ionol Parl,,_lngProgram0ocnl,y0111' l>CCHscodoisyourOe-cal,Clhr&e-digil numbflron vourdocal)ondlheti<llkitloroftheRellde<ltlslS\"""I anodele<lwithyourRPVResklentRocre,.1ion,.I ParklngProoramappllcatlon.E.umpki:0;,c;,1•101 a nd Mawlhorno. you1 AcconCode (1 \OIH. Thank you, Alex Spentzo s \ 2 ··...,,,., .o B'i?Pt!tf>"P ,";•.\· Q,;, ·•r, Daniel Trautner From: Sent: To: Subject: Hello Carlene, Daniel Trautner Thursday, July 15, 2021 2:06 PM Carlene Yonemori; Preserveparking RE: Parking for Portuguese Bend trail Thank you for reaching out to the Department of Recreation and Parks. Can you send me a screen shot of the page that shows you no results found. Here is the reservation link to assist with your search. https://app.parkmobile.io/venue/city-of-rancho-palos- verdes/events Regards, Daniel Trautner Deputy Director Recreation and Parks City of Rancho Palos Verdes danielt@rpvca.gov -Off {310) 544-5264 -Fax {310) 544-5379 City Hall is open to the public during regular business hours. To help prevent the spread of COVID-19, visitors are required to wear face coverings and adhere to physical distancing guidelines. Some employees are working on rotation and may be working remotely. If you need to visit City Hall, please schedule an appointment in advance by calling the appropriate department and follow all posted directions during your visit. Walk-ups are limited to one person at a time. Please note that our response to your inquiry could be delayed. For a list of department phone numbers, visit the Staff Directory on the City website. -----Original Message----- From: Carlene Yonemori <primelap1@verizon.net> Sent: Thursday, July 15, 20211:19 PM To: Preserveparking <preserveparking@rpvcagov.onmicrosoft.com> Subject: Parking for Portuguese Bend trail CAUTION: This email originated from outside of the City of Rancho Palos Verdes. Hello I am emailing as I attempted to call the number listed on the PV web page, but I was told to email only. I am trying to reserve a parking spot for this Saturday morning at 8:00 am. I downloaded the app, and actually made a reservation last weekend without a problem. Now when I go on the app it says no results found ". Did this system get canceled? Carlene 1 Sent from my iPhone 2 Daniel Trautner From: Daniel Trautner Sent: To: Cc: Saturday, July 10, 2021 8:24 AM stevekratz1@gmail.com Preserveparki ng Subject: RE: Resident Parking at Del Cerro Hello Steven, This is the correct email for questions regarding the new parking program at Del Cerro. Do you have a resident recreational permit decal? If you do can you confirm your decal number? Thanks, Daniel Trautner Deputy Director City of Rancho Palos Verdes Department of Recreation and Parks From: Steve Kratz <stevekratzl@gmail.com> Sent: Friday, July 9, 2021 7:52 AM To: Preserveparking <preserveparking@rpvcagov.onmicrosoft.com> Subject: Resident Parking at Del Cerro CAUTION : This email originated from outside of the City of Rancho Palos Verdes. I have a current parking permit and was instructed to contact RPV to verify my eligibility to make a reservation. Is this the correct email to do that? Thanks for any help you can provide. Steven Kratz 1 Daniel Trautner From: Daniel Trautner Sent: To: Friday, July 9, 2021 7:51 AM td4830; Preserveparking Subject: RE: Parking Hello Mr. Davis, Thank you for contacting the Department of Recreation and Parks. There are no fees for the Resident Recreational Parking program. Please let me know if you have any additional questions about the program or the new parking registration system. Regards, Daniel Trautner Deputy Director City of Rancho Palos Verdes Department of Recreation and Parks Sent via the Samsung Galaxy S9, an AT&T SG Evolution capable smartphone --------Original message-------- From: td4830 <td4830@gmail.com> Date: 7 /9/21 7:18 AM (GMT-08:00) To: Preserveparking <preserveparking@rpvcagov.onmicrosoft.com> Subject: Parking CAUTION: This email originated from outside of the City of Rancho Palos Verdes. Hi, For RPV residents with parking decals, are the fees charged for zone A parking reservations? Thanks, Tom Davis Sent from my iPad 1 Daniel Trautner From: Sent: To: Cc: Subject: Miku, Daniel Trautner Tuesday, July 27, 2021 8:56 AM 0407.su zuki.miku@gma il.eom Cheri Bailiff; Preserveparking RE: inquiry about residential recreational permit program on Crenshaw Boulevard Thank you for contacting the City about the ParkMobile online reservation system in the Del Cerro area on Crenshaw Boulevard south of Crest Road . Residents in that area have experienced significant noise and traffic issues in recent years. The ParkMobile system was put into place as part of an ongoing City effort to help achieve the correct balance in the Palos Verdes Nature Preserve between allowing for appropriate public access, protecting precious habitat, managing impacts on adjacent neighbors, and mitigating safety concerns related to traffic, vandalism and inappropriate use. The parking fee of $10/ for a 2 hour & 45 minute block of time was established by the City Council and is comparable to or lower than the rates charged at many open space areas or public beaches. There are free blocks of time on weekdays from 7am-8:45am as well in addition to free parking still available on Crenshaw Boulevard just north of Crest Road. Additionally there is free and ample parking for other Reserve areas that do not have the same level of neighborhood congestion including the Alta Vicente Reserve and the Vicente Bluff Reserve. The reservation system which requires visitors to reserve a space by midnight the night before was put in place to reduce the number of cars that circled around and around the Del Cerro area on Crenshaw south of Crest Blvd looking for a parking space. This created traffic congestion, excessive noise, and multiple reports of unsafe driving. A small block of spaces are available by reservation for residents with a Residential Parking Permit on Park Place. Please go to https://www.rpvca .gov/1424/ParkMobile for more information. The initial month of free operation (before any fees are assessed beginning August 2) is a time where City and ParkMobile staff are working together to resolve any technical issues in a timely manner. This period gives visitors opportunities to ask questions and interact with our park rangers to learn more about the system and how it operates. Staff in the field and office personnel are interacting daily with Preserve visitors to address their concerns. While the system is still far from perfect, I'm pleased that we've had hundreds of successful reservations each week since the system started operating in early July. We will continue to work to streamline the process and make it more user-friendly. We want people who are coming to visit Portuguese Bend Reserve to be able to do so as easily as possible. Again, thank you for your email and I encourage you to enjoy your future visits to the Nature Preserve . Take Care, Daniel Trautner Deputy Director Recreation and Parks dan ie lt@rpvca.gov Phone -(310) 544- 5264 -. 1 City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 Website: www.rpvca.gov This e-ma il message conta in s information be longing to the City of Ra ncho Pa los Verdes, whic h may be priv il eged, confidentia l and/or protected from d isclosure . Th e information is inte nded onl y fo r use of the in dividual or ent ity named. Unauthorized disse min ation, distr ibutio n, or copy ing is strictly pro hi bited. If you received this ema il in erro r, or are not an intended rec ipient, please notify the sender immed iate ly. Thank you for your assistance and cooperation. City Hall is open to the public during regular business hours . To help prevent the spread of COVID -19, visitors are required to wear face coverings and adhere to physical distancing guidelines . Some employees are working on rotation and may be working remotely. If you need to visit City Hall, please schedule an appointment in advance by calling the appropriate department and follow all posted directions during your visit. Walk -ups are limited to one person at a time . Please note that our response to your inquiry could be delayed. For a list of department phone numbers, visit the Staff Directory on the City website . From:~*** <0407.suzuki.miku@gmail.com > Sent: Monday, July 26, 202111 :44 AM To: Cheri Bailiff <Cherib@rpvca.gov > Subject: Re : inquiry about residential recreational permit program on Crenshaw Boulevard CAUTION : This email originated from outside of the Cit of Rancho Palos Verdes. Yea i know. But it costs $10 for 2 and half hours which is too much. Like me I live right next to RPV used to use the park a lot but now we cannot use the park as we did because we have to pay a lot every time we use the park. I think you better create an annual or monthly pass. 2021fl:.7 J:l 26 B (.Fl) 11:39 Cheri Bailiff <Cherib@rpvca.gov >: Miku, Crenshaw is open to everyone. Anyone, no matter where they live, can reserve these spaces. The only spaces that are reserved for RPV residents are the 16 spaces located on Park Pl. Thanks! Cheri From:~*** <0407 .suzuki.miku@gmail.com > Sent: Monday, July 26, 202111:34 AM To: Cheri Bailiff <Cherib@rpvca .gov > Subject: Re: inquiry about residential recreational permit program on Crenshaw Boulevard CAUTION : This email originated from outside of the Cit of Rancho Palos Verdes. 2 I understand your new policy on the Crenshaw Blvd. and you only approve RPV residents to have the access . I would appreciate you create a discount for the residents who live in a city which is located very close to RPV like me because the people use the parks a lot and I feel like your policy excludes people who do not live in RPV to use the parks because you charge too much for the parking. 2021~7 }=J 26 B (.J:J) 11 :05 Cheri Bailiff <Cherib@rpvca .gov >: Miku, City Council only approved RPV residents to have access to the recreation decal. Unfortunately, 90274 is not an RPV zip code . Thank you! Cheri From:~*** <0407.suzuki.miku@gmail.com > Sent: Monday, July 26, 202110:56 AM To: Cheri Bailiff <Cherib@rpvca .gov > Subject: Re: inquiry about residential recreational permit program on Crenshaw Boulevard CAUTION: This email originated from outside of the City of Rancho Palos Verdes. Even for the people who live in the address 90274 which is a palos verdes peninsula? Best, Miku 2021~7 }=J 19 B (.J:J) 9:53 Cheri Bailiff <Cherib@rpvca .gov >: Miku, Unfortunately, the City does not offer any annual passes . We only offer the Recreation Permit for RPV residents. 3 Thank you! Cheri From:~*** <0407 .suzuki.miku@gmail.com > Sent: Monday, July 19, 2021 9:38 AM To: Cheri Bailiff <Cherib@rpvca .gov > Subject: Re: inquiry about residential recreational permit program on Crenshaw Boulevard CAUTION: This email originated from outside of the City of Rancho Palos Verdes. Is there annual pass or something? I live in only a few miles away from RPV and I go there a lot. miku 2021~7 J=l 19 B (J=l) 8:02 Cheri Bailiff <Cherib@rpvca.gov >: Good Morning Miku! Thank you for contacting Public Works. Recreation Permits can only be issued to Rancho Palos Verdes residents . If you have any further questions, do not hesitate to contact me. Thank you! Cheri From:~*** <0407 .suzuki.miku@gmail.com > Sent: Saturday, July 17, 202111:31 PM To: PublicWorks <PublicWorks@rpvca.gov > Subject: inquiry about residential recreational permit program on Crenshaw Boulevard CAUTION : This email originated from outside of the City of Rancho Palos Verdes. 4 Hi, I am a resident at Cerro Park. I heard the parking on Crenshaw Boulevard south of Crest Road, and on Park Place will need to obtain a parking reservation through the City but the residential recreational permit program on Crenshaw Boulevard is still ongoing and I'm wondering if I am qualified to the program because I live very close to the park. If so, I would like to apply for the program because I go to the park often. Best Regards, Miku 5 Daniel Trautner From: Sent: To: Subject: Daniel Trautner Tuesday, July 6, 202111:12 AM Chris Cox RE: Nature preserve parking system not working -help! Great. Thanks for your patience. Let me know if you need anything else. Daniel Trautner Deputy Director Recreation and Parks ~ City of Rancho Palos Verdes dan ielt@ rpvca .gov -Off (310) 544 -5264 -Fax (310) 544 -5379 City Hall is open to the public during regular business hours . To help prevent the spread of COVID-19, visitors are required to wear face coverings and adhere to physical distancing guidelines. Some employees are working on rotation and may be working remotely. If you need to visit City Hall, please schedule an appointment in advance by calling the appropriate department and follow all posted directions during your visit. Walk-ups are limited to one person at a time. Please note that our response to your inquiry could be delayed . For a li st of department phone numbers, visit the Staff Directory on the City website . From: Chris Cox <caccox@gmail.com> Sent: Tuesday, July 6, 202110:51 AM To: Daniel Trautner <DanielT@rpvca.gov> Subject: Re: Nature preserve parking system not working -help! CAUTION: This email ori inated from outside of the City of Rancho Palos Verdes. That seems to work -you have to choose from a preset 3 hour window though, but then it works Thanks! 1 @ ParkMobile 0.. SPrn h by AddrP List < Prev Next > City of Rancho Pa los Verd es 29715 -29843 Crenshaw Blvd. , Rancho Palos Verd es, C A 9 0 2 75 9 t44miaway Events Packages Details I 7 am Hike Eve nt beg ins 7:00 am I 9am Hike Eve nt beg ins 9 :00 am I 12 pm Hi ke Event beg ins 12,00 pm ■ 3 pm Hike Event beg ins 3 :00 pm 2 .. (.) ·.; > J ,1r,i1P :>.'% > > > :..:,) ~!',,;.•:=· -~ l)t-Au~(.:.ri:.s.r,a.. s '-" coi.l't· c,~_,1 li'q c,,.&· t'li ~'t, Sf Ji>q ,(_ ~ t J '{, ~ ?, ~ ~. ~ q ~~- <t, "' <i! c.ort1cr~(. '0' /,' Ii u 9. " .. Arr ive a fter ; Fri, Ju l 9 I 7:00 Q ''t, "'-:; I ,q. ✓ '( -~ :,, ..,,,. .,, ; ' \ ~~uGI C'rest Rd 1 :JY~•l~ ~\\_e.~ c;,;, , lJ 4 ,;:·,ar 11'J, l,\ 1; Robe rt ,i;. n Q.\ E. Ryan <i!. :l ~-Corn rnun ily ~ ~ Par k J T,l1ree Sisler ·<1 0 Reserve '::) C) rt ,__ On Tue, Jul 6, 2021 at 10:39 AM Daniel Trautner <DanielT@rpvca.gov> wrote: Click on the blue ticket icon when you are on the map. Or the RPV Logo that reads venue. That should give you all of the options for parking . Daniel Trautner Deputy Director Recreation and Parks ~ City of Rancho Palos Verdes danie lt@rpvca.gov -Off (310) 544-5264 -Fax (310) 544-5379 City Hall is open to the public during regular business hours . To help prevent the spread of COVID-19 , visitors are required to wear face coverings and adhere to physical distancing guidelines . Some employees are working on rotation and may be working remotely. If you need to visit City Hall , please schedule an appointment in advance by calling the appropriate department and follow all posted directions during your visit. Walk-ups are limited to one person at a time. Please note that our response to your inquiry could be delayed. For a list of department phone numbers, visit the Staff Directory on the City website. From: Chris Cox <caccox@gmail.com > Sent: Tuesday, July 6, 202110:22 AM To: Daniel Trautner <DanielT@rpvca.gov > Cc: Preserveparking <preserveparking@rpvcagov.onmicrosoft.com > Subject: Re: Nature preserve parking system not working -help! CAUTION: This email originated from outside of the City of Rancho Palos Verdes. This evening or tomorrow evening, depending on when I can get a spot . I usually go hiking on weekday evenings 2 to 4 times a week. On Tue, Jul 6, 2021 at 10:17 AM Daniel Trautner <DanielT@rpvca .gov > wrote: 3 When were you hoping to come hike? We are not citing this month as we roll out the new process. Dan Sent via the Samsung Galaxy S9, an AT&T SG Evolution capable smartphone --------Original message-------- From: Daniel Trautner <DanielT@rpvca.gov> Date: 7 /6/2110:07 AM (GMT-08:00) To: Chris Cox <caccox@gmail.com>, Preserveparking <preserveparking@rpvcagov.onmicrosoft.com> Subject: RE: Nature preserve parking system not working -help! That is very odd. We have several bookings and when I pull up the website on my desktop or phone it automatically brings up the inventory. Are you using a smartphone or desktop? Sent via the Samsung Galaxy S9, an AT&T SG Evolution capable smartphone 4 --------Origin a I message -------- From: Chris Cox <caccox@gmail.com > Date: 7 /6/2110:04 AM (GMT-08:00) To: Daniel Trautner <DanielT@rpvca.gov >, Preserveparking <preserveparking@rpvcagov.onmicrosoft.com > Cc: Preserveparking <preserveparking@rpvcagov .onmicrosoft.com > Subject : Re: Nature preserve parking system not working -help! CAUTION : This email orl inated from outside of the Ci tY, of Rancho Palos Verdes. Still no luck. Anything else I can try? Thank you 5 ·O.. Ra ncho Pa los Verdes, CA, USA ~~ Apply Filters City -of Ranc ho Palo s Verdes 1.44 m i away View All Events 0 Zon e A -AD A And Res ide nt P-er ... 1.38 mi away I Not available Details R rv ZoneC 1.43 mi away I Not availa ble Details R erv ZoneD t45 mi away I Not availab le Details R Zo neE 1.48 mi away j Not ava ilable Details R rve 6 ., ~, -0 <))'6 <I> L I C;.. ~ II' ~-q Ar rive a ft er , Wed , Jul 7 I 7:C R•,ie la ri'(twr t o., ~) ~ -0. 1> "' ~ ,.. ~ 1' ~ ,z:. '% ,; -:::-$ ~ " 1/; den Cove ,,, CJ 0 ~ ;'. ~ () % ,i,_ C fp t;. ·, \ o,P.. 3Juffs Reserv~ q c,.r:'f\'-0 y1.a.wthor~ } 6'4 IJ\li ,j, O" Vi a C$Jlfl \ . ' Pafos Verdes q . Nature Preserve Po int Vi cente -,, , . rpreti ve Cen te r. . .. Po int .. ,V ice·nte Pa rl I\ ..( ., Alta Viceflte I r Reserve r-- Po int Vicente Pe l i ca r Cove Pa I I ·O.. Rancho Pa los Verdes, CA, USA ~ App ly Fi:lters City of Rancho Palos Verdes 1.44 mi away Vi ew AH Eve nts 0 Zone A -ADA And Reside nt Per ... t38 mi away I Not ava il a b le l!!!i Deta ils Reserv ZoneC 1.43 mi away I N ot ava il able l!!!i Details R l'.V ZoneD 1.45 mi away I Not av ailable Iii Details R serve ZoneE 1.4 8 rn i away l Not availab le - Details R erv 7 3J uf fs Reser~.~ f ·~ ,, Poi nt V icente A . rp reti ve Cen t er1Y \ it ··, 1\ r. Po int Vicente Arrive after ; Thu , Jul 8 I 7:0 Palos Ve rdes Nawn~ Preserve Po int ,-,V icente Par ! ' '../ ' Alta ViGehte Resen1e , r Pellc.:,ir Cove Pa ~ Rancho Pa los Verdes , CA, USA r~ Apply Fi'lters Crty of Rancho Palos Verdes 1.44miaway View All Events 0 Zone A-ADA And Resi d en t Per ... 1.38 mi away I Not ava il abl e ai Details ZoneC 1.43 mi away I Not ava il abl e iii Details ZoneD 1.45 m i away I Not avai lable Details R rv ZoneE 1.48 mi away l Not ava il ab le R rv 8 Iden Cov 1/uffs Reserve q Po int V icente A , rpre ti ve Cen ter1T ~ © Po int Vicente Arrive after , Fri, Jul 9 I 7:00 c, -g 'l- C: e §' "' a, Cl J Palos Verdes Nature Preserve P.o int Vicente Par! A lta Vicente Reserve Pe l i ccJr Cove Pa On Tue, Jul 6, 2021 at 9:50 AM Daniel Trautner <DanielT@rpvca.gov > wrote: I believe the issues is the times and dates you selected do not fit the booking windows. Keep the booking time open from 7 am to 8 pm and see if the blocks open up . Sent via the Samsung Galaxy 59, an AT&T SG Evolution capable smartphone --------Original message-------- From: Chris Cox <caccox@gmail.com > Date: 7 /6/21 9:32 AM (GMT-08:00) To: Daniel Trautner <Danie1T@rpvca .gov > Cc: Preserveparking <preserveparking@rpvcagov.onmicrosoft .com > Subject: Re: Nature preserve parking system not working -help! CAUTION : This email originated from outside of the City of Rancho Palos Verdes. Thank you for the reply. I cannot reserve any time in the next 72 hours either. See below . I think it unlikely that every available time is booked. Has anyone verified that the system is working? Thank you. 9 0.. Rancho Pa los Ve rdes, CA, USA ~~ Apply Filters City of Rancho Palos Verdes 1.44 mi awa.y View All Eve nts 0 Zone A -ADA And Resident Per ... 1.38 mi away I Not avai lable Details R ZoneC 1.43 m i away I Not availabfe Deta il s ZoneD 1.45 mi away I Not available Detail s R ZoneE 1.48 mi away I Not avail able Detai ls 10 3/uf fs Reserv~ q . ' Point V icente '. rpretl ve Cen t erl ~ Po int V icente Arrive after , Wed, Jul 7 I 9: Palos VerdesA Narur~ Preserve Y Point V icente Pa -\ Alta Viceh le Reserve· Pe l ica Cove P, I I • I t I ' 0.. Rancho Pa los Verdes, CA, USA J.; Apply Filters C ity of Rancho Palos Verdes t44 mi away View All Events 0 .Zone A -ADA And Resident Per ... 1.38 mi away I Not avail a ble iii Details Re rv ZoneC 1.43 mi away I No t ava il abte Details ZoneD 1.4 5 mi aw ay I Not available Deta ils Re rv ZoneE 1.4 8 mi away I Not ava i !able Details R V 11 3f uf fs Reserve q I ' \.- . Po int Vlceri'te A _ . rp re11ve CenteriT ·-.. , ® t Po int Vicente Ar rive after , Wed , Ju l 7 12: ' Pafos Ve rdesA Natur~.Preserve T --r Po int V ice·nte Pa i -( Alta Vicente Reserve ,.··- Pe l i ca Cove P, 0.. Rancho Pa los Verdes, CA, USA r~ Apply Filters City of Rancho Palos Verdes 1.44 m i away View Al Events 0 Zone A-ADA And Reside nt Per ... t 38 mi away I Not available - Deta il s e ZoneC t.43 mi away I Not available Detai ls R rv ZoneD 1.45 mi aw ay I Not avai lab le Detail s e ZoneE 1.48 m i away I Not avai lab le iii Deta ils R 12 3/uffs Reser~e q Po i nt Vf ceme -0 rpre tlv e Cente rJT .., r Po int Vi cente Arrive after Thu , Jul 8 I 7 "' 0 C q, ~ ~, "' C ., .:;; tJ Pafos Verdesft Nature.Preserve Y ( I Po int V icen1e P . Alta Vic_ente Reserve Pe l ic Cove f ' I I ' 0.. Rancho Pa los Ve rdes, CA, USA * Apply Filters City of Rancho Palos Verdes 1.44 mi away View AH Events 0 Zone A-ADA And Resident Per ... t38 m1 away I Not avai lable Details Re erve ZoneC t 43 mi away I Not available Details ZoneD 1.45 mi away I Not available Details. R rve Zone E 1.48 mi away I Not available Details R rv 13 ltlf.:n Cov e 3/uffs Reservi q Point V icente A . rp ret i ve Cent er/'t'' \ ;~ Point V icen t e if ~ <( Arrive after , Th u, Jul 8 I 3:1: ' Palos VerdesA Nature Preserve Y ' ' Ro int ',i ,Vice·nte Pa r '-{ Alta Vicehte Reserve· · Pe l ica 1 Cove Pa 0. Rancho Pa los Verdes, CA, USA 3"~ App ly Filters City of Rancho Palos Verdes 1.44 mi away Vi ew AU Eve nts 0 Zone A -ADA And Res ident Per ... t38 mi away I Not ava il able Details Re erve ZoneC t 43 m i away I Not ava il a b re iii Details Re erve ZoneD t 45 m i away I Not avai lable - De t ails Re rvc, Zone E 1.48 mi away I Not available Iii Details R rv 14 den Cov~ 3J uffs Reser~~ q ·~... . , Po int Vicente A rp re li ve Cen teriT '. -~ ® r ·''. Po int V icente Arrive af ter , Fr i, Jul 9 I 10:~ Palos Ver des Nature, Preserve ~. P.o i nt ,V icente Pa ~· Alta Vicen te Reserve t, -· Pe l ica Cove Pi On Tue, Jul 6, 2021 at 9:14 AM Daniel Trautner <DanielT@rpvca .gov> wrote : Hello Chris, I : Thank you for contact the Department of Recreation and Parks. IT appears based on your screenshot your date ! range is for July 30 th • You may only book 3 days prior to your arrival date. I hope this help. If you have any additional issues, please feel free to reach out. Thanks, Daniel Trautner Deputy Director Recreation and Parks danielt@rpvca.gov Phone -{310) 544- 5264 City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 Website: www.rpvca.gov DOWNLOAD - ... 1/t:;, '( P' ./ . I D :~va1 l u ,11! on lt~r• • AppStore This e-mail messag e contains in formation belonging to the City of Rancho Palos Verdes, wh ich may be privileged, confidential and/or protected from disclosu re. The in formation is intended only for use of t he in dividual or entity named . Unauthorized dissem in ation, distribution, or copy ing is strictly proh ibited . If yo u rece ived th is ema il in error, or are not an intended recipient, please notify the sender immed iate ly. Thank you for your ass istance and cooperation. 15 ! City Hall is open to the public during regular business hours . To help prevent the spread of COVID -19, visitors are , required to wear face coverings and adhere to physical distancing guidelines . Some employees are working on , I 1 rotation and may be working remotely. If you need to visit City Hall, please schedule an appointment in advance by I I I calling the appropriate department and follow all posted directions during your visit. Walk-ups are limited to one , 1 ' person at a time. Please note that our response to your inquiry could be delayed. For a list of department phone ' I numbers, visit the Staff Directory on the City website . From: Chris Cox <caccox@gmail.com > Sent: Tuesday, July 6, 2021 9:06 AM To: Preserveparking <preserveparking@rpvcagov.onmicrosoft.com > Subject: Nature preserve parking system not working -help! CAUTION: This email originated from outside of the Cit of Rancho Palos Verdes . I am trying to reserve parking at the nature preserve, but the system is not working. All parking spots, for every day I tried (this week, next week, next month, etc) are not available. I am trying to use the new system, but it clearly does not work. How do I park at the nature preserve? Can I park there for free until the system is operational? Thank you. 16 @ ParkMobile ~ Rancho Pa los Verdes, CA, USA ~~ App ly Filters City of Rancho Palos Verdes 1.44 mi away View AU Eve nts 0 Zone A -ADA And Residen t Per ... 1.38 mi away I Not availabl e De t a ils R rve ZoneC 1.43 mi away I Not avail abte _) iii Deta ils R rv ZoneD 1.45 m i away I Not avai lable Deta ils ZoneE 1.48 mi away I Not ava il ab le Details 17 ~,- ' I I I ' --. Higti ridge -_ -Par k rest Rd ,· ' 0 Gr cslr idge Rel SI -r. Scotw•JOd Or w, ~ ~ <?. ,,fl Crest Rd Arrive after Fri ,Ju l 30 I ' I Q o<':-~ ro CJ 0. ;::: Q) -0 C: ro ;;,, Daniel Trautner From: Sent: To: Cc: Subject: Hello Cindy, Daniel Trautner Monday, August 2, 2021 10:03 AM Cindy Lee-Pridgen Cheri Bailiff RE: Parking at Del Cerro park The Recreational Resident Parking Program does in fact allow you to park at Del Cerro for free. I have forwarded your email to our Public Works Department so they can provide you information on how to apply. Once our application is processed, ill follow up to help you navigate the parking app to reserve parking spots in Del Cerro Park. Regards, Daniel Trautner Deputy Director Recreation and Parks ~ City of Rancho Palos Verdes dan ielt@rpvca.gov -Off (310) 544-5264 -Fax (310) 544-5379 City Hall is open to the public during regular business hours. To help prevent the spread of COVID-19 , visitors are required to wear face coverings and adhere to physical distancing guidelines . Some employees are working on rotation and may be working remotely. If you need to visit City Hall , please schedule an appointment in advance by calling the appropriate department and follow all posted directions during your visit. Walk-ups are limited to one person at a time . Please note that our response to your inquiry could be delayed. For a list of department phone numbers , visit the Staff Directory on the City website. From: Cindy Lee -Pridgen <lee.cindy@gmail.com> Sent: Sunday, August 1, 2021 2:46 PM To : Daniel Trautner <DanielT@rpvca.gov> Subject: Re: Parking at Del Cerro park CAUTION : This email originated from outside of the Cit of Rancho Palos Verdes. Yes, I am a resident but I'm hoping to not have to pay for parking . If that program provides that privilege then I'm all for it! I can be reached at Thanks, Cindy I'll be available between 9am -11am tomorrow/Monday. On Sun, Aug 1, 2021, 14:16 Daniel Trautner <DanielT@rpvca .gov > wrote : Correct. Are you a resident? Are you intrested in applying for the program? 1 Here is the link for the all spots. General parking is $10 for 2hours and 45 minutes. https://app .parkmobile.io/venue/city-of-rancho -palos -verdes/events Let me know what time works best and the best number to call. Regards, Daniel Trautner Deputy Director City of Rancho Palos Verdes Department of Recreation and Parks --------Original message -------- From: Cindy Lee -Pridgen <lee.cindy@gmail.com > Date: 8/1/211:39 PM (GMT-08:00) To: Daniel Trautner <DanielT@rpvca .gov> Subject: Re : Parking at Del Cerro park CAUTION: This email originated from outside of the Cit of Rancho Palos Verdes. No I don't but I was told, even with a decal you still have to reserve a spot with the new system . The decal let's you park right by the entrance of the park. Is that right? Thanks, Cindy On Sun, Aug 1, 2021, 13:35 Daniel Trautner <DanielT@rpvca .gov > wrote: Remind me, do you have a Parking Decal for the Recreational Resident Parking program? Daniel Trautner Deputy Director City of Rancho Palos Verdes Department of Recreation and Parks --------Original message-------- From: Cindy Lee -Pridgen <le e.ci ndy@gmail.com > Date: 8/1/2111:15 AM (GMT-08:00) To: Daniel Trautner <Dani e lT@rp v ca .gov> Subject: Re: Parking at Del Cerro park CAUTION: This email originated from outside of the City of Rancho Palos Verdes. 2 ' ' Hi Daniel, Thank you for your prompt response! Yes, I will be available at 10am tomorrow. Will that work for you? In the meantime, I was going to make the reservation for the parking spot at Del Cerro for tomorrow afternoon, since it needs to be done the day before. I'm guessing there's no way getting around payment at this time? Thanks, Cindy On Sun, Aug 1, 2021, 10:14 Daniel Trautner <DanielT@rpvca.gov > wrote: Hello Cindy, Thank you for reaching out. When is a good time to talk tomorrow? Let me know and I'm more than happy to set up a call. Regards , Daniel Trautner Deputy Director City of Rancho Palos Verdes Department of Recreation and Parks --------Original message -------- From: Cindy Lee-Pridgen <lee.cindy@gmail.com > Date: 8/1/21 9:59 AM (GMT-08:00) To: Preserveparking <preserveparking@rpvcagov .onmicrosoft.com > Subject: Parking at Del Cerro park CAUTION : Thi s email ori inated from outside of the Cit of Rancho Palos Verdes . Hello there, I had called a couple of weeks ago in regards to the parking at Del Cerro park . And I was informed that parking will cost $10 starting in August, but I was informed that this fee will only apply for non -RPV residents. Is that still true? How do I bypass payment if I am an RPV resident? My son actually has been having his tutoring session at the park and this whole new parking system has been quite an inconvenience for us. Especially when its during off-peak hiking hours and there is no one there to fight for parking spots . I hope the city will reconsider changing the hours for paid parking to high/peak hours instead. By the way, we had reserved a spot last week and still received a note on our car when we returned to it. I'm not sure if the Ranger actually checked for our matching car description to the booked time or just putting out more notices at this point. 3 Thanks, Cindy (Disappointed and frustrated mom) 4 Daniel Trautner From: Sent: To: Cc: Subject: Hello, Daniel Trautner Monday, October 4, 2021 9:41 AM Claire Ealy Preserveparking RE: ParkMobile Issue Thank you for contacting the Department of Recreation and Parks regarding the ParkMobile parking system. Sorry to hear you are having issues with the app. We are allowing residents with a parking decal to park in Zone A while we work through the issue. Please feel free to parking in Zone A without a permit. Please make sure you resident decal is visible. If you have any additional questions or concerns, please feel free to contact me. Regards, Daniel Trautner Deputy Director Recreation and Parks City of Rancho Palos Verdes danielt@rpvca.gov -Off (310) 544-5264-Fax (310) 544-5379 City Hall is open to the public during regular business hours. To help prevent the spread of COVID-19, visitors are required to wear face coverings and adhere to physical distancing guidelines. Some employees are working on rotation and may be working remotely. If you need to visit City Hall, please schedule an appointment in advance by calling the appropriate department and follow all posted directions during your visit. Walk-ups are limited to one person at a time. Please note that our response to your inquiry could be delayed. For a list of department phone numbers, visit the Staff Directory on the City website. -----Original Message----- From: Claire Ealy <claire.ealy@cox.net> Sent: Sunday, October 3, 2021 2:20 PM To: Preserveparking <preserveparking@rpvcagov.onmicrosoft.com> Subject: ParkMobile Issue CAUTION: This email originated from outside of the City of Rancho Palos Verdes. Hello, Is RPV still using the ParkMobile app? I have a city recreation sticker and have reserved a couple of times but today the location doesn't even appear on the map and when I try to search for the Del Cerro lot on Park Place, nothing appears. I'd like to hike Monday morning but am unable to make a reservation. It's a very clunky app at best but I have been able to figure it out before. Thank you Claire Ealy 1 From: Sent: To: Cc : Subject: Katie Lozano Tuesday, October 5, 2021 4:01 PM cc CityClerk Correction to City Council Agenda Item #4 Good Afternoon Honorable Mayor and City Council Members, Staff is submitting this correction as late correspondence to City Council Agenda Item #4. On page B-5, the report reads: "The City Attorney's Office has interpreted that prohibiting e-bikes does violate ADA law." This should be corrected to insert the word "not" as follows: "The City Attorney's Office has interpreted that prohibiting e-bikes does not violate ADA law." Thank you, Katie Lozano Senior Administrative Analyst Recreation and Parks Department katiel@rpvca.gov Phone -(310) 544-5267 City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 Website: www.rpvca.gov # 'I ,,,-.11l 1Jo t • i t 1•, ., • 1° t.1 • App Store ' • Google Play 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, distr ibution, or copying is strictly prohibited. If you received this ema il in error, or are not an intended recipient, please notify the sender immediately. Thank you for your assistance and cooperation. City Hall is open to the public during regular business hours. To help prevent the spread of COVID-19, visitors are required to wear face coverings and adhere to physical distancing guidelines . Some employees are working on rotation and may be working remotely. If you need to visit City Hall, please schedule an appointment in advance by calling the appropriate department and follow all posted directions during your visit. Walk-ups are limited to one person at a time. Please note that our response to your inquiry could be delayed. For a list of department phone numbers, visit the Staff Directory on the City website. 1 Lf. From: Sent: To: Cc: Subject: Please include this as late corr. Thank you Teri Teresa Takaoka Tuesday, October 5, 2021 8:32 AM CityClerk Ara Mihranian; William Wynder FW: Oct 5th staff report re : Preserve etc. From: sharon yarber <momofyago@gmail.com> Sent: Monday, October 4, 20218:17 PM To: Ara Mihranian <AraM@rpvca.gov> Cc: CC <CC@rpvca.gov>; William Wynder <wwynder@awattorneys.com> Subject: Re: Oct 5th staff report re: Preserve etc. CAUTION: This email ori inated from outside of the Cit of Rancho Palos Verdes. I wrote avigation but spell check corrected that which was not incorrect to say aviation . That's because people with limited vocabularies deign to think they know more than some of us do. I know of what I speak. On Mon, Oct 4, 2021, 8:13 PM sharon yarber <momofyago@gmail.com > wrote: I remember when the staff report said II The CA cases hold ... 11 and yet no CA cases were cited in the report because there were NONE. There was only one case on point, a federal case, which stood for the exact opposite of the City's position. Very dishonest . It was about the clock in the office for the bid deadline for San Ramon Canyon. Do you remember? I sure do, and I called Carol Lynch out on it! Did Council pay any attention to the fact it had been lied to by staff? Nope . The staff report here is similarly misleading and it should not have been signed off on by you. If there's no analysis how can the conclusion be challenged? I strongly suspect Bill's opinion as represented by staff may be a lot less conclusive than as presented. The FAA does not control all airspace at any and all elevations; if it did there would be no need for private property owners to grant aviation easements ever. I look forward to seeing that detailed legal analysis with supporting authority. I don't get paid to do legal research for the City but Bill does, with my tax dollars. So he can spend the time that I don't have doing his job . On Mon, Oct 4, 2021, 6:52 PM Ara Mihranian <AraM@rpvca .gov > wrote: Hi Sharon, The City Attorney didn't actually provide a legal analysis for the staff report, but of a legal opinion. In other words, they wrote that the section in the staff report., 1 Lf ' t . ' That said, I have asked Bill Wynder to provide more information addressing your comments. Ara Ara Michael Mihranian City Manager 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 310-544-5202 (telephone) 310-544-5293 (fax) aram@rpvca.gov www.rpvca.gov 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. 2 From: sharon yarber <momofyago@gmail.com > Sent: Sunday, October 3, 202112:17 PM To: Ara Mihranian <AraM@rpvca.gov >; CC <CC@rpvca .gov> Subject: Fwd: Oct 5th staff report re: Preserve etc. CAUTION: Thi s email ori ginated from outs ide of the City of Rancho Palos Verdes . Council, I forgot to copy you on my email below to Ara. I also want to register my very strong support for prohibiting e-bikes on the trails in the Preserve. It's bad enough we have unlicensed kids in their early teens careening around sidewalks on these things (what were their parents thinking when they got them these?) but to have them on our trails would be a nightmare and create even more of a dangerous condition that regular bicycles do . I have nearly been knocked over a couple of times by these kids . Besides, with the epidemic of childhood obesity in this country kids should be on regular bikes to help them get and stay in shape, rather than becoming even fatter and less healthy (and thereby more susceptible to COVID since obesity is the leading underlying health condition leading to death or serious illness). But I digressed ..... :) ----------Forwarded message --------- From: sharon yarber <momofyago@gmail.com > Date : Sun, Oct 3, 2021 at 11:46 AM Subject : Oct 5th staff report re : Preserve etc. To: Ara Mihranian <AraM@rpvca.gov > Ara, In the staff report re: amending the ordinance re : e-bikes and hang gliders, there are a couple of things to point out. On Page B-5 it says the city attorney opined that prohibiting e-bikes VIOLATES ADA. I think staff meant to say such prohibition does NOT violate ADA. Then the City Attorney's "analysis" was supposed to be part of the staff report. There is no analysis presented, no case law or statutes that he analyzed to come to his conclusion that ALL airspace is regulated by the FAA. All the report contains is a statement of what his conclusion supposedly is. May I please see the analysis? I am certain that the FAA does not regulate the airspace above my home. Please forward his analysis as soon as you can so I can review it before the meeting. 3 Thanks! Sharon 4 From: Sent: To: Subject: Late corr Teresa Takaoka Tuesday, October 5, 2021 2:27 PM CityClerk FW: Oct 5th staff report re: Preserve etc. From: William Wynder <wwynder@awattorneys.com> Sent: Tuesday, October 5, 20212:17 PM To: sharon yarber <momofyago@gmail.com>; Ara Mihranian <AraM@rpvca.gov> Cc: CC <CC@rpvca.gov> Subject: RE: Oct 5th staff report re: Preserve etc. AUTION: This email originated from outside of the Cit of Rancho Palos Verdes. Ms. Yarber -I write to respond to your e-mail below. As an initial response, your reference to "avigation" and "aviation" easements are both correct, they are synonyms. However, such easements have nothing to do with overflights and control of airspace over real property. These easements have to do with commitments of property owners not to construct to a particular height or in a particular location on or near an airport. Attached is an exemplar of such an F .A.A. approved easement: https://www.faa.gov/airports/central/airports resources/media/RPZeasement.pdf With respect to our legal opinion included in the staff report, the same was simplified for the sake a brevity given the breadth of the subject matter addressed in that report. If you are interested in a more "legalize" analysis, I am pleased to provide the same (which has been shared with the City Council). By virtue of 49 U.S.C. §§ 106(g), 40103-104, 40113, 44701, as implemented in the Code of Federal Regulation, commencing at Title 14, federal law affords the F.A.A. exclusive authority to regulate and enforces all flight rules, including overflights, of "ultralight vehicles." Paragliders, parasails, or hang gliders, are defined in federal law as "ultralight vehicles." See, 14 CFR § 103. Title 14, beginning with Sub-Part B, identifies regulated activities of ultralight vehicles. The extent of F.A.A. regulatory authority, as you will see, is extensive. Among these regulations relevant to the scope of the City's regulatory authority, 14 CFR § 103.15 prohibits flights over "congested areas." While "congested areas" are not defined in these federal regulations, certainly overflights of residential areas are prohibited under federal law. 14 CFR § 103.17 also prohibits "ultralight vehicle[s] within Class A, Class B, Class C, or Class D airspace or within the lateral boundaries of the surface area of Class E airspace designated for an airport unless that person has prior authorization from the ATC facility having jurisdiction over that airspace."* Accordingly, ultralight vehicles are not prohibited from operating in uncontrolled air space (meaning below 700 feet above ground level ["AGL"]), Class G airspace (meaning no higher than 1,200 feet AGL), or in Class E airspace (which can be measured as between 1,200 and roughly 4,000 feet above AGL or, depending on the F.A.A. map governing a particular airspace, above mean sea level ["MSL"]) provided that such operations occur beyond the "lateral boundaries of an airport." 1 Lf. We are advised that "lateral boundaries of an airport" has been interpreted by the F.A.A. to mean beyond 5 nautical miles of an airport. LAX is more than five nautical miles from any part of the City. However, we are advised that both Torrance and Long Beach airports are within five nautical miles of some parts of the City. Based on the above, it is our legal opinion that regulating ultralights over RPVs airspace is pre-empted by the F.A.A.'s regulatory authority and, at best is not recommended, and, at worst, will be practically impossible to enforce within defined airspace. And it is our recommendation to continue to prohibit the launching and landing in the city which has that land use authority in regards to ultralights. Hopefully, this responds to your question. *Under the regulations, there are two categories of airspace are: regulatory and nonregulatory. Within these two categories, there are four types of airspace: controlled, uncontrolled, special use, and other airspace. The categories and types of airspace are dictated by the complexity or density of aircraft movements, nature of the operations conducted within the airspace, the level of safety required, and national and public interest. These are categorized as Class A through E and G airspace. In some areas, the Class E airspace begins is 1,200 feet AGL. In many other areas, the Class E airspace begins either at the surface or 700 feet AGL. Some Class E airspace begins at a mean seal level ("MSL") instead of an AGL altitude. Uncontrolled airspace or Class G airspace is the portion of the airspace that has not been designated as Class A, B, C, D, or E. It is therefore designated uncontrolled airspace. Class G airspace extends from the surface to the base of the overlying Class E airspace. https://www.faa.gov/air traffic/publications/atpubs/aim html/chap3 section 2.html#O8C3b 6ROBE William W. Wynder I Equity Partner Aleshire & Wynder, LLP I 2361 Rosecrans Ave ., Suite 475, El Segundo, CA 90245-4916 Tel : (310) 527-6660 I Dir: (310) 527-6667 I Fax : (310) 532-7395 I Cell: (714) 313-7366 I wwynder@awattorneys.com I awattorneys.com This email and any fi les transmitted with it may contain privileged or otherwise confidential information . If you are not the intended recipient, or believe that you may have received this communication in error, please advise the sender via email and delete the email you received. From: sharon yarber <momofyago@gmail.com > Sent: Monday, October 4, 2021 8:17 PM To: Ara Mihranian <AraM@rpvca .gov> Cc: CC <CC@rpvca.gov >; William Wynder <wwynder@awattorneys.com > Subject: Re: Oct 5th staff report re: Preserve etc. *** EXTERNAL SENDER ** I wrote avigation but spell check corrected that which was not incorrect to say aviation. That's because people with limited vocabularies deign to think they know more than some of us do. I know of what I speak. 2 On Mon, Oct 4, 2021, 8:13 PM sharon yarber <momofyago@gmail.com > wrote: I remember when the staff report said II The CA cases hold ... 11 and yet no CA cases were cited in the report because there were NONE . There was only one case on point, a federal case, which stood for the exact opposite of the City's position. Very dishonest. It was about the clock in the office for the bid deadline for San Ramon Canyon. Do you remember? I sure do, and I called Carol Lynch out on it! Did Council pay any attention to the fact it had been lied to by staff? Nope. The staff report here is similarly misleading and it should not have been signed off on by you . If there's no analysis how can the conclusion be challenged? I strongly suspect Bill's opinion as represented by staff may be a lot less conclusive than as presented. The FAA does not control all airspace at any and all elevations; if it did there would be no need for private property owners to grant aviation easements ever. I look forward to seeing that detailed legal analysis with supporting authority. I don't get paid to do legal research for the City but Bill does, with my tax dollars. So he can spend the time that I don't have doing his job. On Mon, Oct 4, 2021, 6:52 PM Ara Mihranian <AraM@rpvca.gov > wrote: Hi Sharon, The City Attorney didn't actually provide a legal analysis for the staff report, but of a legal opinion. In other words, they wrote that the section in the staff report., That said, I have asked Bill Wynder to provide more information addressing your comments. Ara Ara Michael Mihranian City Manager 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 310-544-5202 (telephone) 3 310-544-5293 (fax ) aram@rpvca.gov www.rpvca .gov Do you really need to print t his e-ma il? 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: sharon yarber <momofyago@gmail.com > Sent: Sunday, October 3, 202112:17 PM To: Ara Mihranian <AraM@rpvca.gov >; CC <CC@rpvca.gov > ' Subject: Fwd: Oct 5th staff report re: Preserve etc. CAUTION: This email ori inated from outside of the Cit of Rancho Palos Verdes. Council, I forgot to copy you on my email below to Ara. I also want to register my very strong support for prohibiting e-bikes on the trails in the Preserve. It's bad enough we have unlicensed kids in their early teens careening around sidewalks on these things (what were their parents thinking when they got them these?) but to have them on our trails would be a nightmare and create even more of a dangerous condition that regular bicycles do . I have nearly been knocked over a couple of times by these kids . Besides, with the epidemic of childhood obesity in this country kids should be on regular bikes to help them get and stay in shape, rather than becoming even fatter and less healthy (and thereby more susceptible to COVID since obesity is the leading underlying health condition leading to death or serious illness). But I digressed ..... :) 4 ----------Forwarded message --------- From : sharon yarber <momofyago@gmail.com > Date : Sun, Oct 3, 2021 at 11 :46 AM Subject: Oct 5th staff report re: Preserve etc. To: Ara Mihranian <AraM@rpvca.gov > Ara, In the staff report re: amending the ordinance re: e-bikes and hang gliders, there are a couple of things to point out. On Page B-5 it says the city attorney opined that prohibiting e-bikes VIOLATES ADA. I think staff meant to say such prohibition does NOT violate ADA. Then the City Attorney's "analysis" was supposed to be part of the staff report. There is no analysis presented, no case law or statutes that he analyzed to come to his conclusion that ALL airspace is regulated by the FAA. All the report contains is a statement of what his conclusion supposedly is. May I please see the analysis? I am certain that the FAA does not regulate the airspace above my home. Please forward his analysis as soon as you can so I can review it before the meeting . Thanks! Sharon 5 From: Teresa Takaoka Sent: Tuesday, October 5, 2021 2:53 PM CityClerk To: Subject: FW : City Council Meeting October 5, 2021 Regular Business Agenda Item 4 - Supplement to Oral Presentation Attachments: 50_3376 _ -_i ncreasi ng_recreatio na I_ opportunities_ through_ the_ use_ of_ electric_bi kes _ -508 _ 0.pdf From: Darius Vitkus <DVitkus@GekkoEng.com> Sent: Tuesday, October 5, 2021 2:37 PM To: CC <CC@rpvca.gov> Subject: City Council Meeting October 5, 2021 Regular Business Agenda Item 4 -Supplement to Oral Presentation CAUTION: This email orl inated from out i of Rancho Palos Verdes. Mayor Alegria and City Council Members, I will be speaking at tonight's City Council Meeting. However, within the 3 minute window allowed I will not be able to state all reasons for why electric mountain bikes should be allowed in the Preserve. Please allow this email to serve as means to further communicate my position . In particular, I would like to dispute several items of the Agenda Report from the August 17 th City Council meeting regarding electric bicycles in the Preserve. Clarifications one-bikes 1. Electric bikes are not motorized vehicles. This is clear in the California Vehicle Code . The definition of a motorized vehicle is one that is self-propelled. Class 1 e-bikes require you to pedal or else they stop moving - just like a conventional bike. E-bikes are defined elsewhere in the Vehicle Code. 2. Also, in 2019 the US Department of the Interior issued Order 3376 that clarified the definition of an e-bike . In particular Section 4b states "E -bike s are allowed where other types of bicycles are allowed". This ruling should remove any of the historical gray area where some con sidered e-bikes motorized vehicles . I have attached a copy of this Order. 3. The Agenda Report implies all e-bikes are the same. The explosion mentioned is regarding electric road bike s. Electric mountain bikes start at $5k for entry models and have close to year long waiting lists . Middle of the road electric mountain bikes have an average price of $7k. These type of price points and waiting list times will limit any electric mountain bike "explosion" that has been seen with electric road bikes . Additional Pros to be considered : 1. The pedal assist feature enables riders to select more appropriate rest spots. Conventional riders and hikers will rest in shady spots not necessarily intended for it. They will scoot off trail and under a bush trampling vegetation to get a break from the heat. E-bike riders will likely rest at designated areas that have shade such as Eagle's Nest or near the water tanks . 1 2. E-bike mobility allows riders to venture further from the main trail heads, thus spreading out Preserve users. Personally, we park at our parent's house and then ride into the Preserve on the McBride Trail. This helps to eliminate congested street parking. 3. Allowing e-bikes in the Preserve would free up Park Rangers to perform other duties and tasks. Enforcement of e-bike bans turns the Park Ranges into a pseudo police force. I would imagine most Rangers have chosen this career to spend time outdoors and to work in a beautiful environment and not to have to be involved in stressful or tense conversations with a bicyclist. Response to Cons: 1. Speed. Many of the Cons listed cited increased e-bike speed. The only time speed comes into consideration when mountain biking is downhill. Electric bikes do not go any faster downhill than conventional bicycles. The electrical advantage is on the uphill climbs that in the Preserve take place predominantly on fire roads that are already wide and accommodate truck traffic. There is no increase in maximum speeds between electric and conventional bikes. 2. Given that the maximum speeds between conventional bikes and electric bikes are unchanged then the potential impacts to wildlife, vegetation, and other users are unchanged between electric bikes and conventional bikes. 3. Introduction of novice users -I am in full agreement that the majority of the Preserve trails are rated for an intermediate user. There are several popular mountain bike Apps that clearly show this. However, any novice rider will not venture to the Preserve. I did not. I rode flatter fire roads and service roads and other trails designated as beginner skill levels before even daring to venture to the Preserve. Skiers don't show up to a ski resort and jump on the intermediate runs first. Bikers don't either. 4. Popularization of e-bike use on social media. The riding in the Preserve is enjoyable, but it is not a destination that riders will travel to time and time again from distance. Other areas such as Laguna Beach, San Clemente, and Temecula have world class riding. The Preserve trail types and variety do not compare. Permit System 1. If not unilaterally allowed then I believe some type of permit system fore-bikes could be advantageous. Many of the potential Cons discussed at the last meeting are unknowns and can't be studied or impact determined if there is no use. Setting up some sort of permit and/or registration system would allow for collaboration between users and the Preserve. A modest fee could be charged for annual registration. The funds could go to maintaining the Preserve. I would envision that enforcement of a permit/registration system would not be any more difficult than enforcing a ban one-bikes. Interaction between Park Rangers and the bicyclists would still be required. You are either checking registration/permits or telling the cyclist to leave. Conclusions 1. The Agenda Report recommended that e-bikes be banned from the Preserve because the Pros outweigh the Cons. Hopefully the information presented here shows this not to be the case and that the Pros greatly outweigh the Cons. 2 2. The City has stated that there are few reports of actual injury between bikers and hikers and that most reports are of near misses. Instituting a Permit/registration system would allow the City to study actual impact of e- bikes. Any biker involved in an injury or near miss would be incentivized to state their side of the story to help determine a practical solution to the particular concern. 3. I urge you not to change the City municipal code at this time. Doing so would exclude a user group to the Preserve where no justifiable reason has been demonstrated. Darius V. Vitkus Gekko Engineering Inc {310) 513 -0000 office {310) 874 -1658 mobile dvitkus@gekkoeng.com www.gekkoeng.com 3 ORDER NO . 3 3 7 6 THE SECRETARY OF THE INTERIOR WASHINGTON Subject: Increasing Recreational Opportunities through the use of Electric Bikes Sec . 1 Purpose. This Order is intended to increase recreational opportunities for all Americans , especially those with physical limitations, and to encourage the enjoyment of lands and waters managed by the Department of the Interior (Department). This Order simplifies and unifies regulation of electric bicycles (e-bikes) on Federal lands managed by the Department and also decreases regulatory burden. Sec. 2 Authorities. This Order is issued under the authority of section 2 of Reorganization Plan No . 3 of 1950 (64 Stat. 1262), as amended , as well as other relevant statutes. Sec. 3 Background. Bicycling is an excellent way for visitors to Federal lands to experience America's rich natural heritage. Bicycling has been popular in America since the early nineteenth century. Since then, innovation in the design and production of bicycles has dramatically increased mechanical efficiency, opening bicycling to a greater number of people in a larger number of environmental and geographical conditions. A relatively recent addition to the design of some bicycles is a small electric motor which can provide an electric power assist to the operation of the bicycle. Reducing the physical demand to operate a bicycle has expanded access to recreational opportunities , particularly to those with limitations stemming from age, illness, disability or fitness , especially in more challenging environments , such as high altitudes or hilly terrain. While e-bikes are operable in the same manner as other types of bicycles and in many cases they appear virtually indistinguishable from other types of bicycles, the addition of a small motor has caused regulatory uncertainty regarding whether e-bikes should be treated in the same manner as other types of bicycles or, altematively, considered to be motor vehicles. This uncertainty must be clarified. To resolve this uncertainty the Consumer Product Safety Act (Act) provides useful guidance. That Act defines a "low-speed electric bicycle" to include a "two-or three -wheeled vehicle with fully operable pedals and an electric motor of less than 750 watts (1 h.p ,), whose maximum speed on a paved level surface, when powered solely by such a motor while ridden by an operator who weighs 170 pounds, is less than 20 mph", subjecting these low-speed e-bikes to the same consumer product regulations as other types of bicycles (15 U.S.C. § 2085). A majority of States have essentially followed this definition in some form. Uncertainty about the regulatory status of e-bikes has led the Federal land management agencies to impose restrictive access policies treating e-bikes as motor vehicles , often inconsistent with State and local regulations for adjacent areas. The possibility that in some cases e-bikes can be propelled solely through power provided by the electric motor, a function often used in short duration by older or disabled riders as an assist, has contributed to confusion about e-bike classification. Further, Federal regulation has not been consistent across the Department and has served to decrease access to Federally owned lands bye-bike riders. Sec. 4 Policy. Consistent with governing laws and regulations: a) For the purpose of this Order, "e-bikes" shall mean "low-speed electric bicycle" as defined by 15 U.S.C. § 2085 and falling within one of the following classifications: i) "Class 1 electric bicycle" shall mean an electric bicycle equipped with a motor that provides assistance only when the rider is pedaling, and that ceases to provide assistance when the bicycle reaches the speed of 20 miles per hour; ii) "Class 2 electric bicycle" shall mean an electric bicycle equipped with a motor that may be used exclusively to propel the bicycle, and that is not capable of providing assistance when the bicycle reaches the speed of 20 miles per hour; and iii) "Class 3 electric bicycle" shall mean an electric bicycle equipped with a motor that provides assistance only when the rider is pedaling, and that ceases to provide assistance when the bicycle reaches the speed of 28 miles per hour. b) E-bikes shall be allowed where other types of bicycles are allowed; and c) E-bikes shall not be allowed where other types of bicycles are prohibited. Sec. 5 Implementation. I direct the Assistant Secretaries for Fish and Wildlife and Parks, Land and Minerals Management, and Water and Science, as appropriate, to do the following: a) regulation: Within 14 days of the date of this Order, unless otherwise prohibited by law or i) To the extent existing regulations allow, adopt a Bureau/Service-wide policy that conforms to the policy set forth in Sec. 4 of this Order; ii) Amend or rescind any prior written policies as appropriate; 2 iii) Instruct the Director, Fish and Wildlife Service (FWS) to develop a proposed rule to revise 50 CFR § 25.12 and any associated regulations to be consistent with this Order, add a definition fore-bikes consistent with 15 U.S.C. § 2085, and expressly exempt all e-bikes as defined in Sec. 4a from falling under the definition of off-road vehicle; iv) Instruct the Director, National Park Service (NPS) to develop a proposed rule to revise 36 CPR § 1.4 and any associated regulations to be consistent with this Order, add a definition fore-bikes consistent with 15 U.S.C. § 2085, and expressly exempt all e-bikes as defined in Sec. 4a from the definition of motor vehicles; v) Instruct the Director, Bureau of Land Management (BLM) to develop a proposed rule to revise 43 CFR § 8340.0-5 and any associated regulations to be consistent with this Order, add a definition fore-bikes consistent with 15 U.S.C. § 2085, and expressly exempt all e-bikes as defined in Sec. 4a from the definition of off-road vehicles or motorized vehicles; and vi) Instruct the Commissioner, Bureau of Reclamation (BOR) to develop a proposed rule to revise 43 CFR § 420.5 and any associated regulations to be consistent with this Order, add a definition fore-bikes consistent with 15 U.S.C. § 2085, and expressly exempt all e-bikes as defined in Sec. 4a from the definition of off-road vehicles. b) Within 30 days of the date of this Order, submit a rep01i to the Secretary including: i) A summary of the policy changes enacted in response to this Order; ii) A summary of any laws or regulations that prohibit the full adoption of the policy described by this Order; and iii) A timeline to seek public comment on changing any regulation described above. c) Within 30 days of the date of this Order, provide appropriate public guidance regarding the use of e-bikes on public lands within units of the National Park System, National Wildlife Refuge System, lands managed by BLM, and lands managed by BOR. Sec. 6 Effect of the Order. This Order is intended to improve the internal management of the Department. This Order and any resulting reports or recommendations are not intended to, and do not create any right or benefit, substantive or procedural, enforceable at law or equity by a party against the United States, its departments, agencies, instrumentalities or entities, its officers or employees, or any other person. To the extent there is any inconsistency between the provisions of this Order and any Federal laws or regulations, the laws or regulations will control. Sec. 7 Expiration Date. This Order is effective immediately. It will remain in effect until its provisions are implemented and completed, or until it is amended, superseded, or revoked. Secretary of the Interior Date: AUG 2 9 2019 3 From: Sent: To: Cc: Subject: John Hodgkinson <johnhodgkinson.pv@gmail.com> Tuesday, October 5, 2021 3:24 PM CityClerk Peter Shaw Consideration and possible action to reintroduce Ordinance No. 650 amending Chapter 12.16 (Streets, Parks and Recreational Facilities) ofTitle 12 (Streets, Sidewalks and Public Places) of the Rancho Palos Verdes Municipal Code. AUTION: This email ori inated from outside of the Cit of Rancho Palos Verdes. Please consider the following comment on agenda item number 4 today, dealing with the Subject topic, specifically permitting electric bicycles on bicycle trails. Thank you for your consideration, Sincerely, John Hodgkinson, 4611 Rockbluff Dr., Rolling Hills Estates, CA 90274-1513 310 722 8505 My name is John Hodgkinson, and I am 78 years old. I strongly support the use of 20mph-class e-bikes on the existing bike paths. I have hiked and biked and ridden horses on the Peninsula for nearly 40 years . This year I started using a pedal-assisted electric bike whose speed is regulated to less than 20mph . The bike keeps me fit without unduly stressing my newly replaced knee . I like that its wide, soft tires don't impact trails as much as my regular mountain bikes. These lower-power bikes are operated downhill and on the flat by turning off the pedal assist and simply pedalling as necessary. It's just as safe for other trail users as the regular bikes that are approved already . To climb back to the top, I have to pedal hard while adding the pedal assist as desired. Again the speed is comparable to that of a regular bike climbing the same hill. But the human effort is more commensurate with my advanced years! Again it's just as safe as a regular bike . Please consider adding approval of 20mph -class electric bikes to the approved use of existing bike paths. Cheers, John 1 From: Sent: To: Teresa Takaoka Tuesday, October 5, 2021 2:53 PM CityClerk Subject: FW: Council Meeting 10/05/21 Item #5 -Apply for Prop. 68 Per Capita Grant Funds From: Mickey Radich <mickeyrodich@gmail.com> Sent: Tuesday, October 5, 2021 2:52 PM To: CC <CC@rpvca.gov> Subject: Council Meeting 10/05/21 Item #5 -Apply for Prop. 68 Per Capita Grant Funds CAUTION: This email ori inated from outside of the Cit of Rancho Palos Verdes. I am not in favor of applying for a Prop. 68 Per Capita Grant of $203,964 with a 20% matching payment due to RPV being listed as an "advantaged community", because of the "conditions and restrictions" associated with this Grant. This is a perfect example of the consequences we will have to face with acceptance of this Grant. The "conditions and restrictions" are numerous and onerous and the recommendation by staff to bypass and ignore them because the staff feels that they are only for the City's consideration and not a requirement are very risky. Would our City Attorney like to guarantee that we can ignore the "conditions and restrictions"? What staff is suggesting is to accept this Grant as part of the $15.6 million dollar Ladera Linda park project that will define what we can and cannot do with the new park. We know from experience that some of the Grants we accepted basically said that we must treat residents and non- residents the same. That will handicap us in many ways. For example we won't be able to charge non-residents more for rentals than residents. Again, I am against applying for this Grant. 1 5. TO: FROM: DATE: SUBJECT: CrTYOF RANCHO PALOS VERDES HONORABLE MAYOR & CITY COUNCIL MEMBERS CITY CLERK OCTOBER 4, 2021 ADDITIONS/REVISIONS AND AMENDMENTS TO AGENDA Attached are revisions/additions and/or amendments to the agenda material received through Monday afternoon for the Tuesday, October 5, 2021 City Council meeting: Item No. 1 4 Description of Material Emails from: Kathy Edgerton; Sharon Yarber Emails from: Sharon Yarber; Peter Shaw; Katy Endicott Respectfully submitted, ~~ Teresa Takaoka L:ILA TE CORRESPONDENCE\202112021 Coversheets\20211 005 additions revisions to agenda thru Monday.docx From: Sent: To: Subject: Katie Lozano Monday, October 4, 2021 3:54 PM CityClerk FW: October 5, 2021, City Council Meeting Agenda Item #1, ParkMobil Parking Reservation System and Related Preserve Parking Issues Just FYI on this response to late correspondence. From: Katie Lozano Sent: Monday, October 4, 2021 3:36 PM To: Del Cerro HOA <De1Cerro_H0A@hotmail.com> Cc: CC <CC@rpvca.gov> Subject: RE: October 5, 2021, City Council Meeting Agenda Item #1, ParkMobil Parking Reservation System and Related Preserve Parking Issues Hello Ms. Edgerton, Thank you very much for your email, comments, and continued communication. The Del Cerro HOA's comments will be included as late correspondence for Agenda Item #1 for tomorrow's City Council Meeting. Thank you, Katie Lozano Senior Administrative Analyst Recreation and Parks Department katiel@rpvca.gov Phone -(310) 544-5267 City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 Website: www.rpvca.gov JI l ,,,,fol , Id ,r ! •, •·" ,• ..... • App Store • Goog le Play 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 str ictly 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. City Hall is open to the public during regular business hours . To help prevent the spread of COV/D -19, visitors are required to wear face coverings and adhere to physical distancing guidelines. Some employees are working on rotation and may be working remotely. If you need to visit City Hall, please schedule an appointment in advance by calling the appropriate department and follow all posted directions during your visit. Walk-ups are limited to one person at a time. Please note that our response to your inquiry could be delayed. For a list of department phone numbers, visit the Staff Directory on the City website . 1 /. From: Del Cerro HOA <DelCerro HOA@hotmail.com > Sent: Monday, October 4, 202110:06 AM To: CC <CC@rpvca .gov> Cc: Katie Lozano <KatieL@rpvca.gov >; Matt Waters <MattW@rpvca.gov >; Daniel Trautner <DanielT@rpvca.gov >; Cory Linder <CoryL@rpvca.gov > Subject: October 5, 2021, City Council Meeting Agenda Item #1 , ParkMobil Parking Reservation System and Related Preserve Parking Issues CAUTION: This email ori inated from outside of the Cit of Rancho Palos Verdes. Honorable Mayor and City Council Members, Attached please find Del Cerro HOA's comments on agenda item #1 for the October 5th City Council Meeting. Sincerely, Kathy Edgerton 2 10/4/2021 To: RPV City Council Subject: October 5, 2021, City Council Meeting Agenda Item 1, ParkMobile Parking Reservation System and Related Preserve Parking Issues Honorable Mayor and City Council Members, Del Cerro residents sincerely thank the City Council and Staff for implementing the ParkMobil parking reservation system at the southern end of Crenshaw Blvd. The substantial reduction in the number of vehicles has provided residents of the community a welcomed relief from previous traffic concerns and associated noise. We greatly appreciate the careful and thoughtful approach the staff has taken in recommending discreet incremental changes to the parking reservation system going forward. By taking that approach, the City will be able to determine the impact of each change individually. We support the Staff's emphasis on addressing the primary concerns expressed by visitors to the preserve. • Moving away from using the app and encouraging visitors to use the ParkMobil website for making reservations is a reasonable approach to simplifying the reservation process. Since signage will need to be revised to eliminate references to the app, we would recommend that the citation amount and the applicable municipal code section be placed prominently on the signs as a deterrent to parking without the necessary reservations. • We recognize that requiring reservations to be made the day before the desired reservation date is placing a burden on visitors who cannot be sure they can go to the preserve until the day of their visit -especially those who are frequent visitors. In the spirit of being team players, but with some reluctance, we support reducing the lead time for making reservations to one hour before the desired reservation time. At the same time, we strongly believe that having an enforceable cut-off time prior to the desired reservation time is critical to assuring that only visitors with reservations drive to the area to minimize traffic congestion caused by drivers arriving without reservations and parking or idling in traffic lanes while trying to book one. We consider this restriction to be one of the most important system parameters in reducing traffic congestion. The shorter the lead time required, the stronger the need for enforcement to assure that visitors don't park before the reservation can be obtained, hoping that a ranger 1 10/4/2021 won't drive through the area during the time before the reserved time block begins to issue citations. We have discussed our concerns and the planned enforcement levels with Staff and believe that frequent monitoring of the area as planned and issuance of citations when appropriate in conjunction with the one-hour reservation time interval can keep that potential problem to a minimum. • We ask that the Council approve a resolution to extend the parking moratorium for the 6 parking spaces at the southern end of Crenshaw until the impact of the above system changes and any other significant near-term changes to the parking system parameters can be determined and traffic levels are stabilized. Those parking places are located in the narrowest part of Crenshaw and are clearly going to be the most popular spots (since they are closest to the Burma Rd. preserve entrance). lfthe intended changes cause traffic congestion, it will occur in the area that will be the most impactful to residents entering and leaving the neighborhood. We believe a more prudent approach would be to determine the impacts of system parameter changes and any resulting increases in usage in the wider area of Crenshaw that can better handle any unexpected impacts, then open the southernmost spots later in the process, if deemed appropriate, once traffic is at a stable level. • Del Cerro residents agree that the pilot shuttle program should not be reinstituted at this time. • We strongly support Staff's recommendation to look for other locations to install the Rattlesnake Trail gate if an easement agreement between Island View HOA and the City of RPV cannot be reached in the immediate future. • We also hope that the Burma Rd. gate can be replaced expeditiously-along with bollards and a surveillance camera to deter future damage or vandalism. Both trailhead gates are critical to restoring and maintaining peace and tranquility to the areas surrounding the trailheads. • Finally, as part of the City's on-going efforts to restore peace and quiet to the Del Cerro area, we ask that additional "Quiet Zone" signs be placed from the Island View entrance to Rattlesnake Trail to remind visitors arriving in the paid parking areas as well as those walking from the free parking areas on Crest Rd. and Crenshaw north of Crest Rd. that the area is a residential area. In addition, if the park rangers would help sensitize visitors to the Quiet Zone, residents would much appreciate it. 2 10/4/2021 In summary, Staff's recommended changes address the concerns most frequently expressed by preserve visitors. We thank them for their thoughtful, incremental approach to improving accessibility to the preserve. Thank you for your consideration of these comments. Respectfully submitted, The Del Cerro HOA Board Kathy & Al Edgerton Miriam & Pete Varend Dion Hatch Gregory MacDonald Megan & Bob Moore Mark Kernen 3 From: Sent: To: Subject: Late corr Teresa Takaoka Monday, October 4, 2021 9:42 AM CityClerk FW: Parking issues at Portuguese Bend Reserve From: sharon yarber <momofyago@gmail.com> Sent: Sunday, October 3, 202112:09 PM To: Ara Mihranian <AraM@rpvca .gov> Cc: CC <CC@rpvca .gov> Subject: Parking issues at Portuguese Bend Reserve CAUTION: This email orig inated from outside of the Cit of Rancho Palos Verdes. Hi Ara, I generally support the revisions that staff has recommended. I especially agree with eliminating the requirement for residents with permits to make reservations to park on Park Place. I also support allowing same day reservations. One additional comment I made to staff in earlier correspondence with Matt Waters, is the time slot of 2.75 hours was too long. The program should allow for more flexibility. Why can't someone make a reservation for one hour, or maybe 11/2 hours? 2.75 hours is too long and I seriously doubt that most visitors spend that much time in the Preserve. I asked for data to support the establishment of the time slot and apparently there really isn't any other than anecdotal evidence gleaned by rangers. That is not data. I also would like to know why no correspondence is attached to the agenda item regarding this matter. I have sent emails and they are not attached and I am certain there must have been others as well. I would like to know what other people have to say. Is there any correspondence from anyone besides myself on this agenda topic? If so, please forward and also have staff post it to the website. Thank you, Sharon 1 I. From: Teresa Takaoka Sent: To: Monday, October 4, 2021 4:31 PM CityClerk Subject: FW: Oct 5th staff report re : Preserve etc. Late corr From: sharon yarber <momofyago@gmail.com> Sent: Sunday, October 3, 202112:17 PM To: Ara Mihranian <AraM@rpvca.gov>; CC <CC@rpvca.gov> Subject: Fwd: Oct 5th staff report re: Preserve etc. CAUTION: This email ori inated from outside of the City of Rancho Palos Verdes . Council, I forgot to copy you on my email below to Ara . I also want to register my very strong support for prohibiting e-bikes on the trails in the Preserve. It's bad enough we have unlicensed kids in their early teens careening around sidewalks on these things (what were their parents thinking when they got them these?) but to have them on our trails would be a nightmare and create even more of a dangerous condition that regular bicycles do. I have nearly been knocked over a couple of times by these kids . Besides, with the epidemic of childhood obesity in this country kids should be on regular bikes to help them get and stay in shape, rather than becoming even fatter and less healthy (and thereby more susceptible to COVID since obesity is the leading underlying health condition leading to death or serious illness). But I digressed ..... :) ----------Forwarded message --------- From : sharon yarber <momofyago@gmail.com > Date : Sun, Oct 3, 2021 at 11:46 AM Subject: Oct 5th staff report re : Preserve etc. To: Ara Mihranian <AraM@rpvca.gov > Ara, In the staff report re: amending the ordinance re: e-bikes and hang gliders, there are a couple of things to point out. On Page B-5 it says the city attorney opined that prohibiting e-bikes VIOLATES ADA . I think staff meant to say such prohibition does NOT violate ADA . Then the City Attorney's "analysis" was supposed to be part of the staff report. There is no analysis presented, no case law or statutes that he analyzed to come to his conclusion that ALL airspace is regulated by the FAA. All the report contains is a statement of what his conclusion supposedly is. May I please see the analysis? I am certain that the FAA does not regulate the airspace above my home. Please forward his analysis as soon as you can so I can review it before the meeting. Thanks! Sharon 1 From: Katie Lozano Sent: To: Monday, October 4, 2021 3:53 PM CityClerk Subject: FW: Follow Up on E-Bike Ban Just FYI on this response to late correspondence. From: Katie Lozano Sent: Monday, October 4, 2021 3:40 PM To: Peter Shaw <pshaw999@msn.com> Cc: CC <CC@rpvca.gov> Subject: RE: Follow Up on E-Bike Ban Hello Mr. Shaw, Thank you very much for your email and thoughtful analysis. Your email will be included as late correspondence for Agenda Item #4 for tomorrow evening's City Council Meeting. Thank you, Katie Lozano Senior Administrative Analyst Recreation and Parks Department katiel@rpvca.gov Phone -(310) 544-5267 City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 Website: www.rpvca.gov I '1 .-,1,1 I, ,r I "" r .{ • • ·',; • App Store ~-• Google Play 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 . Unauthori zed dissemination, distribution, or copying is strictly prohibited. If you received this email in error, or are not an intended recipient, pl ea se notify the sende r immediately. Thank you for you r assistance and coop eration . City Hall is open to the public during regular business hours. To help prevent the spread of COVID-19, visitors are required to wear face coverings and adhere to physical distancing guidelines. Some employees are working on rotation and may be working remotely. If you need to visit City Hall, please schedule an appointment in advance by calling the appropriate department and follow all posted directions during your visit. Walk-ups are limited to one person at a time. Please note that our response to your inquiry could be delayed. For a list of department phone numbers, visit the Staff Directory on the City website. 1 From: Peter Shaw <pshaw999@msn.com > Sent: Monday, October 4, 2021 9 :25 AM To: CC <CC@rpvca.gov > Cc: Cory Linder <CoryL@rpvca.gov >; Katie Lozano <KatieL@rpvca.gov > Subject: Follow Up on E-Bike Ban CAUTION: This email ori lnated from outside of the Cit Members of the City Council, Thank you for listening to me last month on the subject of E-Bikes. It was not possible in the 3 minutes allowed to provide a summary of how E-Bikes compare to regular bikes. Unfortunately, the discussion that ensued confirmed my opening statement that this technology is very obviously not understood. If I'd had the time I would have started with an explanation of how these bikes are used . So in an attempt to get us all on the same page I've compiled this follow up. There are three fundamentals of E-Bikes I think need to be understood first and note I'm focusing my comments to only the low end of the E-Bike range, Category 1: 1. Going downhill, E-Bikes are indistinguishable from regular bikes! Just because E-Bikes have power does not mean they can go faster downhill. On our hills, if you take any bike and point it towards the ocean and don't apply brakes, it will accelerate to well over 30 mph. As my neighbor council member Cruickshank stated at the last meeting on this subject, we forever encounter bikers going down Crest Rd at about or even above the speed limit. The point is that gravity takes care of the speed . The E-Bike power drive switches off at 20 mph so if you see a bike going downhill faster than that, then the user is simply taking advantage of the force of gravity. That type of bicycle use is really not prevalent on our preserve because of the steepness of the terrain, the technical nature of some of the trails, the presence to other users and the skill levels of the cyclists . For most of the interesting single track trails on the preserve where there are lots of sharp turns and steep sections, those speeds are not realistic and bikers are controlling their speed with their brakes. When they are braking, the last thing they need is power trying to make the bike go faster. Simply said, going downhill there is no material difference between a regular bike and an E-Bike and any impact an E-Bike has on the trails going downhill is no different than a conventional bike. Staff's report about faster speeds of E-Bikes is simply not the case going downhill. 2. On Flat terrain, E-Bikes are indistinguishable from regular bikes! Most fit bikers can pedal their conventional bikes at 20 mph on any of the few stretches of flat terrain in the preserve. They know this since they almost all have speedometers. An E-Bike will not go faster than 20 mph under power so there is no difference in maximum speed between an E-Bike and a regular bike on flat terrain. And, as with downhill, its impact on the trail is identical to a regular bike. And again, staff's report citing higher speeds is simply not the case either. 3 . Going uphill, E-Bikes can be restricted so that they are indistinguishable from regular Bikes! The only material difference between a regular bike and an E-Bike is going uphill. None of us want a situation where regular bikers going uphill are overtaken by an E-Bike maybe going as fast as 20 mph. We can prevent that by limiting the power of the E-Bike. With less power the maximum speed uphill is reduced and the steeper the slope, the lower the maximum speed -just as it is with a regular bike. It's fundamental physics and no technology advancement will defy the laws of physics . By restricting the E-Bike's capabilities, such as allowing only Category 1 E-Bikes, we can balance the E-Bike such that it can only go up the hills matching the pace of fit riders on regular bikes but not go any faster. Council member Bradley compared it to a ski lift. That, in my opinion, was an insightful analogy, but I would argue to modify it by adding that the electric motor driving the ski lift has limited power such that the ski lift runs no faster than a younger and fitter skier hiking back up the hill. The net result being they all get to the top of the mountain at the same time. That is what I mean be leveling the performance for uphill riding . By suppressing the E-Bike speed going uphill, we have effectively eliminated any advantage that the E-Bike has over a regular bike and equated any impact on the preserve to be identical to a regular bike! 2 How would a power restriction on E-Bikes be managed? My original suggestion was a permit system which staff rejected, and I accept that a permit system would entail some extra work by staff to manage. After talking to expert bikers, I now think a better and easier approach is to simply allow only Category 1 E-Bikes. They are limited to 750 watts, which is about the power level that will equate an E-Bike with a regular one going uphill. (Just as a data point, I calculated that I would need an E-Bike in the 1800 -2000 watt range for me to go up a 10% incline at 20mph -that's well over twice the power level limit I recommend.) Category 1 E-Bikes are pedal-assist only which means the user has to be pedaling for the power to engage. E-Bikes are easy to identify because they have a California-mandated label indicating their E-Bike Category and also specifying maximum speed and power level (in watts). I believe the rangers could enforce a limited subset of E-Bikes since all they need to do is ask to see the label. If the E-Bike doesn't have one that shows it is Category 1, then they can issue a citation. Whether the user had the power turned on or not then becomes totally irrelevant. Fundamentally, I contend there is no justifiable reason to ban all E-Bikes and prevent seniors who need them to get up our steep hills from enjoying the views and all the other wonderful features of our preserve that everyone else can enjoy. You might ask, why am I pressing this point when I am not a biker? To be frank, I view an unconditional ban as an injustice to responsible seniors. It smells a little of age discrimination, which I thought was illegal in California, but also it's because I feel absolute bans always negatively affect the responsible people. And, finally, to be candid again, it's the easy answer. Staff's report lists a lot of cons that are abstract "maybe's" and are only representative of the worst case of the top end of E-Bikes (Categories 2 and 3 that have higher power levels). They have no data to justify any of them and as Council member Cruikshank pointed out at the council meeting, all the cons seem to apply equally to regular bikes. He is absolutely correct because, as I have explained above, there is no way of distinguishing between a regular and an E-Bike, as long as we limit the E-Bike power level to Category 1 only. We made the decision long ago to allow regular bikes on the preserve so why not allow limited capability E-Bikes if they are indistinguishable? There is one of the Cons in staff's list I do agree with. It might lead to greater use of the preserve. Yes, it could easily bring back all the responsible seniors that obey the rules and have been banished from the preserve since the E-Bike ban was instituted some time back. Is that really a reason to maintain an absolute ban? Surely the one Pro in staff's list that makes any sense "£-biking provides an enjoyable low-impact fitness opportunity to individuals not capable of riding a conventional mountain bike and increases health and well-being" is more valuable to the quality of life for active seniors than any of the abstract negatives cited in staff's report? Will allowing Category 1 E-Bikes create a new playground for every E-Bike rider in Southern California? My personal opinion is that is not likely with the restriction to Category 1 only. The whole objective here is none of us want these high performance E-Bikes that resemble small motor cycles. Let me repeat none of us want that, especially me. These high performance E-Bikes are only of value for going uphill without expending any human energy so the rider can get back to the top quicker and ride down again -the non-modified ski lift analogy that will lead to greater preserve use by E-Bikes. As long as the restriction to Category 1 E-Bikes is clearly spelled out and enforced, those type of riders with the high-end class of E-Bikes won't come because our rules will have nullified their benefit and they risk being cited. I am a great believer in the law of unintended consequences, so we need to keep an eye on that but I don't believe a "fear of what might happen" should be our guidance here. I would like to add that I have been a member of the VTW and the trail crew for many years. Over that time I have spent many hours on the preserve and seen the behavior of all types of users. I can categorically state that I have never seen any truly reckless behavior of cyclists that people keep citing. In fact, recently I am seeing very few scofflaws and the behavior of all users seems to have improved over the years. For example, in the last 30 hours of VTW, I have not reported a single infraction of the rules because I simply haven't seen one. This is quite a contrast to when the VTW was first instituted so overall I think collectively we are making a very positive impact on user behavior and attitude. Let me conclude with a specific recommendation. I suggest you write into the municipal code an exception to the ban on E-Bikes. That exception allows only category 1 E-Bikes with a California-mandated label attached, a maximum speed of 20 mph, a maximum power level of 750 watts and with only pedal-assist power. The exception will be strictly enforced. I believe it should be clearly identified as an exception instituted solely for people that need the pedal assist so I think a 3 minimum age limit or around 50 would be appropriate (if that isn't the opposite of age discrimination). We definitely do no want young kids riding these E-Bikes as their light weight would lead to faster uphill speeds. My solution is to make the E-Bike indistinguishable from a regular bike so we should monitor this exception to ensure that is what we achieve. Make it a temporary trial if you think that is more appropriate so we have time see to how well it works and then the final determination can be made once real data is available. I repeat my offer to conduct some experiments so we can develop data on how these category 1 E-Bikes actually perform on our trails. Thanks for your time reading my opinion and what I believe is a win-win recommendation. I would appreciate this email being added as late correspondence for the next council meeting. I do plan to speak at the next council meeting but only to reinforce these thoughts. Sincerely, Peter Shaw 4 From: Sent: To: Subject: Katy Endicott <katyendicott@att.net> Monday, October 4, 2021 2:50 PM CityClerk E-bike ban in RPV open space, agenda item 4 CAUTION: This email ort lnated from outside of the Cit of Rancho Palos Verdes. Dear Mayor Alegria and City Council members: I wanted you to know I'd like to see an exception to thee-bike ban on RPV trails and fire roads . As my friends and I and my spouse age, some of us ride less -some not at all. Enter thee-bike, and some have been thrilled to ride again. My husband's had one knee replaced, and he'll soon have the other replaced. He's experimented but needs thee-bike to ride. We no longer ride RPV trails because he cannot accompany me on my regular bike . I don't care to ride the trails alone . Since our group is now mixed withe-bikes and regular bikes, few of us ride RPV trails because e-bikes aren't allowed . We're not a large group, but those who need e-bikes would sure love to ride RPV trails again. It's the category 1 e-bike I'd appreciate being allowed. A category 1 e-bike is limited to 20 mph, though I haven't seen anyone achieve that on a climb as the bikes are too heavy. These bikes are pedal-assist; they don't have a throttle control like some other e-bike categories. They can enable older riders, and riders with physical limitations or disabilities, to enjoy the trails. I can think of at least six people in our group who would agree. These bikes have come along at a fortunate time, giving a new option to those who need a little assistance to ride. You get just enough assistance that you can do the rest ofthe work. It's human nature to avoid exercise unless you can participate in an activity you enjoy. The bicycle also allows us to maintain more social interactions with people, which is very important. I hope more trail managers everywhere will give access toe-bikes while we're still "young" enough to enjoy the trails. All new things generate hesitation and doubt, but as category 1 e-bikes become understood, they will bridge the gap. Thank you for making time to read my correspondence . Sincerely, Katy Endicott San Pedro, Calif. 1