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20220215 Late Correspondence1 From:Cindy Akiyama <cindy@akimountain.com> Sent:Tuesday, February 15, 2022 6:02 PM To:CityClerk; CC Subject:City Council Regular Agenda Item #2 - Hatano Farm site CAUTION: This email originated from outside of the City of Rancho Palos Verdes. Dear Honorable Mayor and Members of the City Council, RE: Regular Business Item #2 Consideration and possible action to undertake a reconsideration of the prior action of the City Council terminating the lease agreement with Mr. Martin Martinez at Upper Point Vicente (the "Hatano Farm”). I wholeheartedly support the native seed farm option for this parcel and the Land Conservancy’s recommendations, including extending an offer of contract or regular employment to Mr. Martinez to operate the seed farm, and creating a local monument with prominent, accessible public displays to educate current and future generations on the important history of Japanese farming on the PV Peninsula and the Hatano family farm’s role in this history. Cindy Akiyama Rolling Hills Estates resident 1 From:jsh2003@cox.net Sent:Tuesday, February 15, 2022 6:17 PM To:CityClerk Subject:2/15/22 Meeting CAUTION: This email originated from outside of the City of Rancho Palos Verdes. Hello, My name is Jodi Emerson, and I live in Rancho PV. We have a community area on our street that we will be repairing and improving. Our street would like some form of financial assistance from the city. In the Fall we emailed an extensive proposal and we were flat out denied. We I would like to participate and speak with the council this evening to get more information. Can I please speak for a few minutes to the council this evening? Jodi Emerson Roan rd improvement 602‐677‐0261 Sent from Windows Mail TO: FROM: DATE: SUBJECT: CITYOF ~CHO PALOS VERDES HONORABLE MAYOR & CITY COUNCIL MEMBERS CITY CLERK FEBRUARY 15, 2022 ADDITIONS/REVISIONS AND AMENDMENTS TO AGENDA Attached are revisions/additions and/or amendments to the agenda material presented for tonight's meeting. Item No. G 2 3 8 Description of Material Email from Mickey Radich Emails from: David Siegenthaler; Adrienne Mohan; Heather Schmalbach; Lori Chong Eurich; Mickey Radich; Monique Sugimoto; Allen Franz Email from Anonymous Email exchanges between Administrative Analyst Bright and: Betty Riedman; Robert Wright; Patty Ott; Emails from: Jim Hevener; Craig Whited ** PLEASE NOTE: Materials attached after the color page(s) were submitted through Monday, February 14, 2022.** Respectfully submitted, L:ILATE CORRESPONDENCE\2022\2022 Coversheets\20220215 additions revisions to agenda.docx From: Sent: To: Subject: Teresa Takaoka Tuesday, February 15, 2022 1 :08 PM CityClerk FW: Council Meeting on 02/15/22 -Item #G -Landslide Project Management From: Mickey Radich <mickeyrodich@gmail.com> Sent: Tuesday, February 15, 2022 1:03 PM To: CC <CC@rpvca.gov> Subject: Fwd: Council Meeting on 02/15/22 -Item #G -Landslide Project Management Something I forgot to add to my comments: I was assured by our City Manager that this contract for the Project Manager covers all of the recommendations made by the 2 geotechnical geologists from the University of Arizona, but I don't agree. In order to recommend what a complete monitoring system should include, I would think that the Project Manager would do a complete walk through Field Survey of the whole landslide area to determine where the data points should be located. However on page 34, Exhibit "A", Scope of Services, of the staff report, it specifically states that they will NOT do a Field Survey. How can you provide Optimal Locations for monitoring based on the terrain without a Field Survey? Their resume shows that quite a bit of their landslide experience has been in RPV (page 48). Namely, Roan Road, Alta Mira Canyon Drainage, Deep Valley & Indian Peak. None of that experience even comes close to what is needed to minimize the Portuguese Bend Landslide. The recommendation to hire a full time geotechnical engineer is not mentioned anywhere in this contract. It seems like the City just doesn't seem to want to take responsibility by hiring a permanent geotechnical 1 employee. It is much easier to hire a consultant and blame any undesirable outcome on them. On Tue, Feb 15, 2022 at 11:29 AM Mickey Radich <mickeyrodich@gmail.com> wrote: First of all, this item should not be on the Consent Calendar. This should be a Public Meeting. You are requesting $575,000 for Project · Management Services for the Portuguese Bend Area landslides when there are many more questions to be answered. The recommendations made by the present consultants include filling every crack and crevice in the slide area with a concrete like substance, is asking for a disaster. There was a meeting held last summer with 2 geotechnical geologists from the University of Arizona {who have been actively involved with monitoring the largest landslide in the world and actually predicting the landslide failure date) that was initiated by a RPV resident, and attended by City Manager Ara Mirhanian and Mayor Pro Tern Barbara Ferraro. They walked and surveyed the slide area and made some basic recommendations to minimize the slide movement. 1) The first recommendation was to cover the slide area with many data points that can be used to monitor the slide movement daily by way of existing satellites and simple data collection. Estimated cost approx. $250,000. 2} Hire a full time geologist on staff to organize this activity. They suggested a graduating senior from a University with a mining and geotechnical landslide curriculum. 3) Contract with such a University to collect and process this data on a regular basis {could be even daily especially during the rainy season). 4) Our present geologist recommends filling all crevices and cracks . with concrete like substances because this will provide a ground seal and : prevent water from penetrating the soil and reaching the bentonite • layer. The University of Arizona geologists comments were that this will be expensive and provide a permanent underground dam effect and · hold back water. Because of the constant land movement, within weeks 2 after the concrete was poured, new cracks would appear next to the concrete and the water would continue to permeate the ground anyway. Therefore I recommend that RPV explore recommendation #1 before committing to a Project Manager. $575,000 is a lot of money to spend without a logical plan. 3 From: Teresa Takaoka Sent: To: Tuesday, February 15, 2022 2:13 PM CityClerk Subject: FW: Point Vicente Agricultural Use From: Karina Banales <kbanales@rpvca.gov> Sent: Tuesday, February 15, 2022 2:04 PM To: CC <CC@rpvca.gov> Subject: FW: Point Vicente Agricultural Use Good Afternoon Mayor Bradley and City Council, The email below did not include the "CC" email address. However, I am forwarding it to you for your consideration for this evening. Thank you, Karina From: Karina Banales Sent: Monday, February 14, 2022 5:46 PM To: Siegenthaler, David <David Siegenthaler@nps.gov>; Ara Mihranian <AraM@rpvca.gov> Subject: RE: Point Vicente Agricultural Use Good Afternoon David, Thank you for your email. I will include this as late correspondence for the City Council's consideration and discussion on agenda item 2, "Consideration and possible action to undertake a reconsideration of the prior action of the City Council terminating the lease agreement with Mr. Martin Martinez at Upper Point Vicente (the "Hatano Farm")". Thank you, Karina Bafia/es Deputy City Manager kbanales@rpvca.gov Phone -(310) 544-5203 City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 Website: www.rpvca.gov DOWNLO rt/_fi A,vgiJobl-., in thr App Store and G-0091~ Ploy ...._ GE.TITON p-Google Play 1 This e-mail mci&KJC contains information bclonqin9 to the City of Rancho Palos Verdes, which may ho privileged, confidential and/or prntecl:od from disclosure. The informc1tion is intcnckcl only for use of the individual or entity named. Unauthorized dissemination, distribution, or copying is strictly prohibited. Ii you received this email 1n 01Tor, or are not an intended recipient, please notify th1' scnclcr imrncdiatc'.ly. Thank you fm your assistance and cooperation. Due to the current surge of the COV/0-19 Omicron Variant, Rancho Palos Verdes City Hall will be closed to walk-in visitors through February 28, 2022, unless further notification is provided. Several members of the City's workforce are being asked to work remotely during this time. Inquiries will continue to be reviewed on a daily basis. Please be patient with us as there may be delays or minor inconveniences in responding to your inquiry. From: Siegenthaler, David <David Siegenthaler@nps.gov> Sent: Thursday, February 10, 2022 11:35 AM To: Ara Mihranian <AraM@rpvca.gov> Cc: Karina Banales <kbanales@rpvca.gov> Subject: Point Vicente Agricultural Use Hi Ara and Karina, One of the things we have not discussed is the status of the agricultural use in the park if or when the City decides to explore historic status and a transfer to the Historic Surplus Property Program. The process to evaluate historic significance, and then if it's eligible, to put together an application to the surplus property program and have it accepted, will take some time. In the meantime, the City needs to understand that the agricultural use, the private use of public parkland, and the lease itself, are all violations of the Federal Lands to Parks conveyance. NPS will not approve an agricultural lease. We should talk about this. Thanks, David David Siegenthaler Regional Program Manager Federal Lands to Parks National Park Service 909 First Ave, Suite 500 Seattle, WA 98104 (206) 220-4083 2 From: Karina Banales Sent: To: Tuesday, February 15, 2022 1 :54 PM Adrienne Mohan; CityClerk; CC Subject: RE: Comment re: tonight's Agenda Item #2, Possible Uses of Hatano Farm Good Afternoon Adrienne, Thank you very much for your e-mail regarding agenda item 2, "Consideration and possible action to undertake a reconsideration of the prior action of the City Council terminating the lease agreement with Mr. Martin Martinez at Upper Point Vicente (the "Hatano Farm")". We will include your comments as Late Correspondence for the City Council's consideration Thank you and have a great day, Karina Karina Banales Deputy City Manager kbanales@rpvca.gov Phone -(310) 544-5203 City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 Website: www.rpvca.gov Con-ned with th~ CHy f,.om your phone or tablet! DOWNLOAD 'tlttr Available in th~ App Stont and Gaogl4l P'lov ~ GETITON I'""'" Google Play !his e mail mcssaqc contains infonnat:ion belonqinq to the City of Rancho l'alos Verdes, which may be privileqed, confidential and/or protected from disclosure. The inforrnation is intenclccl only fm use of the indiviclual or entity named, Unauthorized dissemination, distribution, m copyinq is strictly prohibited. ff you r·c,ceivecJ this email in error, or ,ll'e not an intenclccl recipient, please notify the sender irnmccliately. Thank you for your assistance ancl cooperation. Due to the current surge of the COV/D-19 Omicron Variant, Rancho Palos Verdes City Hall will be closed to walk-in visitors through February 28, 2022, unless further notification is provided. Several members of the City's workforce are being asked to work remotely during this time. Inquiries will continue to be reviewed on a daily basis. Please be patient with us as there may be delays or minor inconveniences in responding to your inquiry. From: Adrienne Mohan <amohan@pvplc.org> Sent: Tuesday, February 15, 2022 1:14 PM To: CityClerk <CityClerk@rpvca.gov>; CC <CC@rpvca.gov> Subject: Comment re: tonight's Agenda Item #2, Possible Uses of Hatano Farm Dear City Clerk, Please include the following as late correspondence for agenda item #2 this evening. Thank you very much. 1 Dear Honorable Mayor and Members of the City Council, The PVP Land Conservancy is pleased to provide suggestions for the council regular meeting agenda item #2 regarding the possible action and future land use of the Hatano Farm site. As a point of clarification, while the Conservancy remains interested in collaborating with the City of Rancho Palos Verdes to find mutual benefit for the land use, it is not the Conservancy's position to comment on the month-to-month tenancy for the land or its termination. There is some concern about what outcome would result to the Preserve and the NCCP if the National Park Service (NPS) were to take action if they deemed the land use out of compliance with their Program of Utilization (POU), and what risks might be posed to the City Projects in the Preserve covered under the NCCP Plan. So it is my hope that the uncertainty and risk of that might be considered in the context of whether the council would reinstate the commercial lease agreement. Following the first discussion in November 2021 where the City indicated it wished to absolve the month-to-month agreement with Mr. Martinez, the Conservancy spoke with Mr. Martinez informally and learned he would be agreeable to working for the Conservancy to operate a native seed farm. If it is the Council's decision to proceed with alternative uses of the land, we propose the following for consideration: COMPATIBILITY OF LAND USE The PVP Land Conservancy believes that a native plant seed farm on the Hatano Farm site would be the most compatible land use under the NCCP and its documents (ie. the PUMP and Conservation Easement). For clarification, the difference between a nursery-which grows plants for sale or use -and a seed farm, which grows plants simply to harvest huge volumes of seeds -is the reason why this land would have particular appeal for seed harvesting. We recognize the land is steep and challenging for public access, which are precisely the conditions we desire for a seed farm -a relatively-remote place with south-facing slopes and good soils for farming. A large increase in open public access could pose security risks, damage to the wildflowers, and impacts to the nearby covered bird species (a concern also expressed by the US Fish and Wildlife and CA Department of Fish and Wildlife). We will continue our work with City staff to explore alternative locations, but our initial inventory of potential locations has not yet revealed a more ideal location than this site for seed farming for a variety of reasons (not detailed herein). A seed farm would have native plants grown more like a "crop" for effective seed harvesting compared to the current approach to collect seeds from the Preserve. Neat hedgerows of identical plants would allow a harvest of a variety of wildlflowers and coastal shrub species in a manner that reduces the risks of harming plants in the Preserve caused by walking through habitat. This is a labor-intensive and strenuous challenge, conducted under NCCP protocols that limit seed collection to 10% of a given plant, requiring immense sensitivity to cause no harm to the natural resources. The farming arrangement allows for more control of species and observing the timing of flowering to efficiently harvest the maximum extent of seeds, gathering close to 100% of the seeds without damage to habitat as the "10% rule" would not apply in this farm location. The Land Conservancy would commit funding to operate the seed farm. The seeds would be used in the restoration activity within the Preserve that is required under the NCCP for the City's mitigation needs. This scenario presents no conflicts with the NCCP/HCP, complies fully with the NPS land use, and provides a pathway of employment for Mr. Martinez to continue working the farm location with a "new crop". The Land Conservancy would also implement native habitat restoration of the land if directed by Council, under the same agreements applied to restoration projects in the Preserve. However, given that there is interest from Council for active uses of the site that honor the Japanese farming legacy and to preserve Mr. Martinez's livelihood, we believe the native seed farm achieves those shared goals. 2 We would also welcome further discussion about how the native seed farm could fit within the National Historic Places register or within the City's Local Designation program. COMMENTS REGARDING THE OTHER ALTERNATIVES UNDER CONSIDERATION: Hatano Farm edible, nonnative cactus for fuel modification revegetation: Mr. Martinez does not grow cactus that is native to the Peninsula, but rather a species of domesticated edible cactus. The NCCP as well as the Conservation Easements prohibit introduction of nonnative plants into the Preserve, and therefore there it would not be permissible to plant any of these cactus in the fuel modification areas within the Preserve and might only be planted in other City fuel modification zones (ie. parks). This fact is further confirmed by the Wildlife Agencies. Community Gardens: Community gardens introduce a high pedestrian traffic situation and an inability to control water usage and pesticide use. Given the immediate proximity to the Nature Preserve, the toxicity of spraying could endanger birds and butterflies passing over the area and landing briefly on the plants -as well as wind-born pesticides onto the plants in the nature preserve. There are numerous community gardens in adjacent cities. The cost of staff time to manage the community garden lot program (ie. signups, fees), irrigation maintenance, rodent control and damage to the plants are concerns we think the City of Rancho Palos Verdes would want to weigh carefully against the other choices for this parcel. The Land Conservancy has discussed the Hatano Farm site in the context of the PV Library District 40 Families project preserving the history of the Japanese farming families across the Peninsula. There are shared concerns for how the project would be represented on the landscape and viewed by the public. The 40 Families Project is worthy of a site for easy parking and high pedestrian traffic and school bus parking. The Conservancy is in conversation with the PVLD about artifacts, personal stories and family members with whom the Conservancy has already made introduction to the PVLD of one family. It would be a great pleasure to collaborate more closely with the 40 Families Project. The Conservancy hopes very much the City of RPV would consider assigning the highly-visible site at PVIC for this project so that it receives the attention and notice it deserves with the greatest ease for visitors and handicapped access. CONCLUSION: We thank you for your careful consideration of the Hatano Farm site. It is our intention and hope that the native seed farm operation with the involvement of Mr. Martinez, combined with pathways to formally recognize the Japanese farming legacy in partnership with the PV Library District, will be the most beneficial option for the City and most appropriate use of this land. Respectfully, Adrienne Adrienne Mohan Executive Director Palos Verdes Peninsula Land Conservancy 916 Silver Spur Road #207 Rolling Hills Estates, CA 90274 www.pvplc.org (310) 541-7613 x203 (310) 930-4332 (cell) Preserving land and restoring habitat for the education and enjoyment of all. join our mailing list Join us on 3 From: Sent: To: Subject: Late Corr please Karina Banales Monday, February 14, 2022 3:30 PM CityClerk FW: Hatano Farm public comment From: Schmalbach, Heather@Wildlife <Heather.Schmalbach@Wildlife.ca.gov> Sent: Monday, February 14, 2022 3:28 PM To: Karina Banales <kbanales@rpvca.gov> Cc: Drewe, Karen@Wildlife <Karen.Drewe@wildlife.ca.gov>; Woulfe, MaryBeth <marybeth_woulfe@fws.gov>; Porter, Eric <Eric_Porter@fws.gov>; Cris Sarabia <csarabia@pvplc.org>; Adrienne Mohan <amohan@pvplc.org> Subject: Hatano Farm public comment To Karina Banales: The California Department of Fish and Wildlife (Department) and U.S. Fish and Wildlife Service (Service), collectively the Wildlife Agencies, have been informed that the Rancho Palos Verdes City Council will be considering future uses for Hatano Farm at the meeting on February 15, 2022. The property is located within the Alta Vicente Preserve, a part of the larger Palos Verdes Nature Preserve (Preserve) pursuant to the City's adopted and federally permitted Natural Community Conservation Plan/Habitat Conservation Plan (NCCP/HCP). The land was transferred from the Federal National Parks Service (NPS) to the City and is regulated by the Program of Utilization (POU) that established land use restrictions. We understand that the City has been notified by NPS that the lease agreement is it out of compliance with the terms of the POU due the property being used for commercial purposes. The current on-site farming operation is allowed under the NCCP/HCP's Public Use Master Plan (PUMP). As part of the Preserve, any future use of the site needs to remain consistent with Section 5.4.2 of the NCCP/HCP and PUMP. Options for future use that increase public access to the site, such as a community garden, would be considered inconsistent with the protection and enhancement of biological resources set forth in the NCCP/HCP. The Wildlife Agencies also have concerns about the proposed use of nonnative cactus species, as opposed to native cactus species, in fuel modification areas. We appreciate the opportunity to provide comments to the City Council as they weigh options for the Hatano Farm site. Regards, Heather Schmalbach (Department} and Mary Beth Woulfe (Service) Heather Schmalbach Environmental Scientist Habitat Conservation Planning California Department of Fish & Wildlife South Coast Region 1 J. 3883 Ruffin Road San Diego, CA 92123 Office: (858) 637-5511 2 From: Sent: To: Subject: Teresa Takaoka Tuesday, February 15, 2022 9:53 AM CityClerk FW: Save Hatano Farm! From: Lori Chong Eurich <1ace167@hotmail.com> Sent: Tuesday, February 15, 2022 9:48 AM To: CC <CC@rpvca.gov> Subject: Save Hatano Farm! Mayor Bradley and city councilmembers, Please save Hatano Farm from being dissolved. There are so many beneficial community uses for this farm including: community education, school programs, land conservancy public education programs and more. Japanese-American farmers worked this land for decades and it would be truly be sad to see it go. Thank you, Lori Chong Eurich RPV resident since 2013 From: Mickey Radich <mickeyrodich@gmail.com> Sent: Tuesday, February 15, 2022 10:35 AM To: CC <CC@rpvca.gov> Subject: Fwd: Council Meeting 02/15/22 -Item #2 Hatano Farm I think that Mayor Pro Tern Barbara Ferraro's move to reconsider terminating the lease with Mr. Martinez' is a very good idea. I am also in favor of rescinding the 11/24/21 City Attorney's "Notice of Termination of Lease" letter to Mr. Martinez. I feel that this is the last open piece of farmland that marks the history of Japanese farming in our City. Mr. Martinez has been the caretaker of this farm since Mr. Hatano's death, 5 years ago. Presently our students participate in field trips during the school year and Hatano farm can be continued as a learning center for our local PVPUSD students, most of whom have never seen a farm in their lifetime. It can instill in them a desire to learn about and appreciate farming as well as the history of the Japanese farms that, at one time, prospered in our city. We can even provide small garden plots to each classroom where they can learn to grow flowers and vegetables and encourage them to start a garden in their own backyards. What a great learning experience that can be for our children. We should allow Mr. Martinez to continue farming the land and sell his crops and in return he will also help manage Hatano Farm as a learning center for our children. PVPUSD could also be involved in this project. Please rescind the "Notice of Termination of Lease" and initiate the process to make Hatano Farm a learning center for our children. 1 From: Karina Banales Sent: To: Tuesday, February 15, 2022 3:27 PM Monique Sugimoto; CityClerk; CC Subject: RE: correspondence for agenda #2, Feb 15, 2020 Good Afternoon Monique, Thank you very much for your e-mail regarding agenda item 2, "Consideration and possible action to undertake a reconsideration of the prior action of the City Council terminating the lease agreement with Mr. Martin Martinez at Upper Point Vicente (the "Hatano Farm")". We will include your comments as Late Correspondence for the City Council's consideration Thank you and have a great day, Karina Karina Bafia/es Deputy City Manager kba na I es@rpvca.gov Phone -(310) 544-5203 City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 Website: www.rpvca.gov ConnC'c t with the City f,.om your phone: or tobletl DOWNLOAD 11ifj Avuifobl-.-in thlil' App Stor• and Goool~ Play ~ GlITITON ~;1;,.. Google Play This e·nnil messaqe co11l:ains information belo119i119 to the City of Rancho Palos Verdes, which rnay be privileqed, confidential and/or protected from disclosure. The information is intenclecl only for use of the individual or entity narned. Unauthorized dissemination, distribution, cw copyin9 is strictly prohibited. If you nxcivcd this email in error, or are not an ,ntem1ecl recipic\nt, please notify the sender irnrnecliately. Thank you for your assistance and cooperation. Due to the current surge of the COV/0-19 Omicron Variant, Rancho Palos Verdes City Hall will be closed to walk-in visitors through February 28, 2022, unless further notification is provided. Several members of the City's workforce are being asked to work remotely during this time. Inquiries will continue to be reviewed on a daily basis. Please be patient with us as there may be delays or minor inconveniences in responding to your inquiry. From: Monique Sugimoto <msugimoto@pvld.org> Sent: Tuesday, February 15, 2022 3:20 PM To: CityClerk <CityClerk@rpvca.gov>; CC <CC@rpvca.gov> Subject: correspondence for agenda #2, Feb 15, 2020 Dear City Clerk, 1 Please include the following as late correspondence for agenda item #2 this evening. Thank you very much. *** Dear Honorable May and Members of City Council, My name is Monique Sugimoto and I am the archivist and local history librarian with the Palos Verdes Library District (PVLD), Local History Center. Preserving and sharing the history of the Palos Verdes Peninsula is core to the mission of the Local History Center. We do this through collecting photographs, oral histories, records, etc. and helping people research when they come to the Center. We also undertake projects such as our "40 Families" project. This project, now almost 20 years old, seeks to document the history of the Japanese farming community on the Peninsula. It is probably one of our most consulted collections, and by far, one of the most important: documenting the Japanese farming families documents a once thriving community that no longer exists on the Peninsula and the larger history of the Peninsula itself. I had a conversation with Adrienne Mohan of the Palos Verdes Peninsula Land Conservancy (PVPLC) regarding their comments to the Council which included mention of our 40 Families project. I want to clarify that PVLD is not seeking a physical location for the 40 Families project as may be interpreted from the text. We are however very happy to collaborate with both the City and PVPLC in whatever way we can to help educate and raise awareness for this important part of our community's history, an area that is not well known. In the past, the Local History Center worked with now City Manager Ara Mihranian on interpretive panels for the Coastal Trail and I can see a similar project in partnership with the City and PVPLC to assist in telling this part of the community's story. I look forward to being a part of bringing this history to our community. Thank you for your time. Sincerely, Monique Sugimoto - Monique Leahey Sugimoto Archivist & Adult Services Librarian Palos Verdes Library District 701 Silver Spur Road I Rolling Hills Estates, CA 90274 P: 310-377-9584 ext 213 I F: 310-541-6807 pvld .org/localhistory palosverdeshistory.org Pedal PV: Exploring PV By (Electric) Bike "Instead of going back to normal, let's go back to better." --Richard C. Harwood ( 4 June 2020) 2 From: Sent: To: Subject: Good Afternoon Allen, Karina Banales Tuesday, February 15, 2022 3:12 PM Yahoo inc; CityClerk; CC RE: Hatano Farm parcel Thank you very much for your e-mail regarding agenda item 2, "Consideration and possible action to undertake a reconsideration of the prior action of the City Council terminating the lease agreement with Mr. Martin Martinez at Upper Point Vicente (the "Hatano Farm")". We will include your comments as Late Correspondence for the City Council's consideration Thank you and have a great day, Karina Karina Bafia/es Deputy City Manager kbanales@rpvca.gov Phone -(310) 544-5203 City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 Website: www.rpvca.gov Avoilabl,:, in th'-" App Storv and Gaogl4:' Play ~ GUITCI« ~,. Google Play lh;;; crnail messaqe contains information belonqincJ t:o the City of Rancho Palos Verdes, whict1 may be p1·ivileqed, confidential and/or protectf,cl from disclosure. The information is intended only for use of the inclividual or entity named. Unauthorized dissemination, distribution, 01· copyin9 is strictly prnhibiWd. If you r'C'CC:ivccl this email in error·, or ,m, not an intcnclecl recipient, please notify the sender irnmccliately. Thar,k you for your assistance ancl coopcr·,,1tion, Due to the current surge of the COV/0-19 Omicron Variant, Rancho Palos Verdes City Hall will be closed to walk-in visitors through February 28, 2022, unless further notification is provided. Several members of the City's workforce are being asked to work remotely during this time. Inquiries will continue to be reviewed on a daily basis. Please be patient with us as there may be delays or minor inconveniences in responding to your inquiry. From: Yahoo inc <afranz@pacbell.net> Sent: Tuesday, February 15, 2022 3:07 PM To: CityClerk <CityClerk@rpvca.gov>; CC <CC@rpvca.gov> Subject: Hatano Farm parcel Dear Honorable Mayor and Members of the City Council, 1 I write to comment on item #2 on this evening's City Council agenda, regarding the City-owned parcel referred to as the Hatano Farm, now operated by Mr. Martinez. My understanding is that the Hatano Farm was grandfathered as a continuation of the pioneering Japanese- American farming community on the Peninsula, although it is not strictly compatible with the terms of the property's transfer from the Department of Defense to the City, or with the terms of the Natural Communities Conservation Plan (NCCP), in which the property is enrolled. As a long-time supporter of the Palos Verdes Peninsula Land Conservancy PVPLC), and a former professor of anthropology, ethnic studies, and ecology at Marymount California University, I have an enduring interest in the natural and cultural history of the peninsula, including the Hatano Farm operation. If the City Council concludes that Mr. Martinez's current utilization of the Hatano Farm property is no longer compatible with the City's commitments and legal obligations, I would urge the Council to give careful consideration to a modified usage of the parcel-as a native plant seed farm--which I believe would be more consistent with the terms of the City's obligations to both the DoD and the NCCP, while preserving an agricultural use more appropriate than the production of non-native cacti for commercial sale. This would be beneficial to the City, in that RPV--and private landowners within the City, such as the Terranea resort complex--have increasingly used native plants in landscaping, in order to take advantage of their low maintenance costs and habitat value for wildlife; and, under terms of the NCCP, the PVPLC is obligated to restore at least 5 acres of habitat a year, which would be facilitated by a native plant seed farm. The PVPLC has partnered with the City in the acquisition of much of the land in the NCCP and in restoring native habitat in several of the City's preserves. The wildlife agencies have signaled their approval of a native plant seed farm on the Hatano Farm property, as well as of signage for historical interpretation, if a native plant seed farm were to become the City's preferred option for use of the land. I might add that the PVPLC has discussed this option with Mr. Martinez, and he has expressed interest in continuing to work on the site with the PVPLC, were it to be transitioned to a native plant seed farm. The PVPLC has a long-time commitment to preserving and interpreting both natural and cultural history on the peninsula, and has worked with members of the Tonga and Japanese-American communities to advance these goals. I've personally met several times with archivist Monique Sugimoto, who heads the Palos Verdes Library District's Forty Families History Project, including a search of the ridge west of Klondike Canyon to locate the site of the Japanese Farmers' Community Building. I, and the PVPLC, would be delighted to work with the City, PVLD, and others to enhance the preservation and interpretation of historical sites around the peninsula. To reiterate: If the City should determine that the current utilization of the Hatano Farm site is not consistent with its original intent and legal obligations, I urge the City Council to give strong consideration to the possibility of converting the parcel from a commercial cactus farm to a native plant seed farm, which would have direct advantages for the City, and be more compatible with the City's past and ongoing commitments. Respectfully, Allen Franz 2 Attachments: Letter to McKenzie Bright 2.14.22.docx From: McKenzie Bright <mBright@rpvca.gov> Sent: Monday, February 14, 2022 4:39 PM To: Cc: CityClerk <CityClerk@rpvca.gov> Subject: RE: Recognition of Neighborhood Watch at Feb 15th City Council Meeting Good afternoon, Thank you for sharing this letter -it will be shared with the City Council as late correspondence but your name and email address will be removed. I have cc'd the City Clerk's office, who will redact your name and email address. Thank you for all you do for your neighborhood as an Area Coordinator. Please let me know if you have any questions. Sincerely, McKenzie McKenzie Bright, Administrative Analyst City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 (310) 544-5305 -mbright@rpvca.gov Connect with the City from your phone or tablet, download MyRPV. nIis e·mail mes:-;age contains information belon9in;I to the City of Rancho Palos Verdes, which rnay be priv:leqcd, conficlcntial and/or protected fr'orn disclosure. Tl1c information is intended only for use of tile individual or entity named. Unauthorized dissemination, clistrilJution, or copyinq is strictly prohibited. If you received this email in error, or an'! not an int.ended recipient, please notify the sender i1rnnecliat:ely. Thank you for your assistance ancJ cooperation. Due to the current surge of the COVID-19 Omicron variant, Rancho Palos Verdes City Hall will be closed to walk-in visitors through February 28, 2022, unless further notification is provided. Several members of the City's workforce are being asked to work remotely during this time. Inquiries will continue to be reviewed on a daily basis. Please be patient with us as there may be delays or minor inconveniences in responding to your inquiry. From: Sent: Monday, February 14, 2022 4:23 PM To: McKenzie Bright <mBright@rpvca.gov> Subject: Re: Recognition of Neighborhood Watch at Feb 15th City Council Meeting Dear Ms. Bright, Thank you for all that you do for our city and for supporting the Neighborhood Watch Program! If you plan to read my letter at the City Council meeting, could you please not disclose my name or email address. I know this email is public 3. property, but I do not want my name or email address disclosed for privacy reasons. If you need to forward this email, please delete my name, and email address prior to sending the email. Yours Truly, RPV Neighborhood Watch Area Coordinator 2 Dear Council Members, I would like to thank you and the Rancho Palos Verdes Council members for recognizing our "outstanding" Neighborhood Watch program. Because of the Neighborhood Watch program, I now have a true sense of what it is to be part of a "community." I am a Block Captain and an Area Coordinator and feel that our "dynamic" Volunteer Coordinator, Gail Lorenzen, is way past due for recognition by the city. Gail is an "exceptional" leader and is incredibly supportive when we need her. Gail always tells us that "the way to prevent crime is to get to know your neighbors." In 2014, I accepted the duties of Block Captain after a friend and neighbor of mine had her home burglarized. Scared, and alone, she asked me to come over and stay with her. The Sheriff's Deputy who had responded to her call received another call of another burglary in our area. I am so glad that I went to help my friend that night. My husband came with me, and he helped secure her broken patio slider door. As we were walking to the backyard, I thought I smelled natural gas. I informed my poor neighbor, and she called the gas company. She had a leak in an old built-in barbecue pit that she never used. This could have been a catastrophic event. When the Sheriff's Deputy returned, we found out another burglary in the area had occurred. I later learned that the call the Deputy responded to, was a "home invasion" burglary where the homeowner encountered the burglar and that there was an additional burglary in our area the same night. The three events of this night frightened me, but they also made me angry. This was our community and we deserved to not have to live in constant fear of becoming victims of crime. Two years after becoming a Block Captain, Gail asked me to take on the responsibilities of Area Coordinator. agreed to do this because I believe in Gail and in the Neighborhood Watch Program. Gail informed me that at one time, our area had the worst crime in the city. Not wanting history to repeat itself, I met with my fellow Block Captains and asked them to update their membership block lists. I inform my Block Captains via email and had meetings (pre-COVID) on ways to communicate with each other and with all members of Neighborhood Watch in our area. For privacy reasons, Neighborhood Watch Block Captains are the only persons who have the members email addresses for their block. Block Captains only send out emails (only Bee) about crime and crime prevention; emergency preparedness; coyotes; and educate our members on the latest scams. In 2016, my area had the largest National Night Out party in the city. Thank you again for recognizing Gail Lorenzen and our wonderful Neighborhood Watch Program! We appreciate your support of our worthy Volunteer Organization!! Yours Truly, RPV Neighborhood Watch Area Coordinator From: Sent: To: Subject: McKenzie Bright Monday, February 14, 2022 5:36 PM CityClerk FW: February 15, 2022 Agenda item #8 "Public Safety Reimbursement Program Guideline" From: BW Riedman <rabbit943@gmail.com> Sent: Monday, February 14, 2022 5:33 PM To: McKenzie Bright <mBright@rpvca.gov> Subject: Re: February 15, 2022 Agenda item #8 "Public Safety Reimbursement Program Guideline" Thank you for your response. I certainly hope the Council does increase the reimbursement Especially since the entire City benefits --even those with no HOA. Betty Riedman On Mon, Feb 14, 2022, 5:22 PM McKenzie Bright <mBright@rpvca.gov> wrote: Good afternoon Ms. Riedman, The City Council is in receipt of your comments pertaining to the Public Safety Reimbursement Program. The security camera program that Mediterrania HOA participated in included a one-time reimbursement of $2,000 for your two Flock cameras -specifically, 50% of the cost up to $2,000 (for 2 cameras) for the first year of service. In recognition of the general public benefit which the cameras provide, the new Public Safety Reimbursement Program proposes to provide an ongoing reimbursement of $500 per camera -for Mediterrania this would be a $1,000 reimbursement for the second year of service. One of the alternative options that the City Council will consider tomorrow night is to replicate the initial reimbursement of $2,000 for two cameras for the second year of service. Please let me know if you have any questions. Sincerely, McKenzie 1 s. □ McKenzie Bright, Administrative Analyst City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 (310) 544-5305 -mbright@rpvca.gov Connect with the City from your phone or tablet, download MyRPV. This e rnail message containi; inforrnation bc\longin~J to the City of Rancho Palos Verdes, which rnay be privilogecl, conficlontial and/or protected frorn disclosure, The i11forrnatio11 is intended only for use of the individual or· entity 11arnecl. Unauthorized dissemination, distt·ibution, or copyi11g is stnct!y prohibited. If you received this ernail in error, or ar·e not an intended recipient:, please notify the sender· immediately. Thank you for your· assistance and cooperation. Due to the current surge of the COVID-19 Omicron variant, Rancho Palos Verdes City Hall will be closed to walk-in visitors through February 28, 2022, unless further notification is provided. Several members of the City's workforce are being asked to work remotely during this time. Inquiries will continue to be reviewed on a daily basis. Please be patient with us as there may be delays or minor inconveniences in responding to your inquiry. From: BW Riedman <rabbit943@gmail.com> Sent: Monday, February 14, 2022 4:46 PM To: CC <CC@rpvca.gov> Subject: February 15, 2022 Agenda item #8 "Public Safety Reimbursement Program Guideline" Honorable Mayor & City Council Members RE: Agenda item #8 "Public Safety Reimbursement Program" on the February 15, 2022 Agenda As a member of the Mediterrania HOA, I was pleased when our Board decided to participate in the Flock Camera Program as it made our area (and RPV) that much more safe. Our HOA had two cameras installed to observe the vehicles entering and exiting our neighborhood via Ganado --which is the entrance and exit to our HOA. It was our understanding that the cost would be $2000 per year per camera. Before installing the cameras, our President discussed this lease agreement with the City Manager and it was his understanding that the cost for the second year would be split 2 50-50 with the City which would mean that our HOA would receive a $2000 reimbursement towards the second year's lease payment. However, the Staff report for this Agenda item now states that we will only be reimbursed $500 per camera. Doing the math, this is only a 25% reimbursement. Unfortunately, the City Manager has not responded to any requests for information concerning this matter. FYI, when our HOA reviewed the use of the cameras, we found that we have only utilized it three times since its installation. However! As you are undoubtedly well aware, the Sheriff's Department has utilized our Flock Cameras over 500 times in the last month alone! It goes without saying that this system is costing our HOA a large amount of money much to the City's benefit. Plus, our HOA is voluntary so we do not have a guaranteed annual income and this expense is our largest expense. As stated by Lois Karp, "This project was to be information sharing with the Sheriff's Depa1tment but it has turned out to be subsidizing the Sheriff. Public Safety is one of the highest priorities of our city and all residents pay taxes for these services. The Sheriff utilizes our flock cameras for the benefit of all neighborhoods. Asking the pa1ticipating HOA 's to foot the bill which provides a service to our entire community is an unfair burden. We ask you to reconsider how this system should be funded." I would hate to have this system removed but financially, we may not have a choice. This is a good system for our City and I strongly believe that the City should help finance it. Betty Riedman 3668 Cliffsite Drive 3 From: McKenzie Bright Sent: To: Tuesday, February 15, 2022 8:44 AM Robert Wright Cc: CC; CityClerk Subject: RE: 2-15-22 Agenda item #8 "Public Safety Reimbursement Program Guideline" Good morning Mr. Wright, The City Council is in receipt of your email and it will be included as late correspondence. To clarify, the security camera program that Mediterrania HOA participated in included a one-time reimbursement of $2,000 for your two Flock cameras -specifically, 50% of the cost up to $2,000 (for 2 cameras) for the first year of service only. The new Public Safety Reimbursement Program will be discussed by the City Council tonight and one of the alternative options they will consider is to replicate the initial reimbursement of $2,000 for two cameras for the second year of service. Please let me know if you have any questions. Sincerely, McKenzie McKenzie Bright, Administrative Analyst City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 (310) 544-5305 -mbright@rpvca.go\'. Connect with the City from your phone or tablet, download MyRPV. Thi<; e-mail rnessag,' contains information belorKJin~J to the City of Rancho Palos Verdes, which rnay be privileg<)cl, conficlential and/or protected from disclosure. The information is intended only for use of t:he individual or entity named. Unauthorized dissemination, distribution, or copyinq is strictly prohibited. If you rrxcived this ernail in error, or are not an intended recipient, please notify tl1e sender· irrnnecliately. Thank you for· your assistance and cooperation. Due to the current surge of the COVID-19 Omicron variant, Rancho Palos Verdes City Hall will be closed to walk-in visitors through February 28, 2022, unless further notification is provided. Several members of the City's workforce are being asked to work remotely during this time. Inquiries will continue to be reviewed on a daily basis. Please be patient with us as there may be delays or minor inconveniences in responding to your inquiry. From: Robert Wright <rbw3677@gmail.com> Sent: Monday, February 14, 2022 7:35 PM To: CC <CC@rpvca.gov> Subject: 2-15-22 Agenda item #8 "Public Safety Reimbursement Program Guideline" City of Rancho Palos Verdes 1 Honorable Mayor & City Council Members I wish to reiterate the statement by my fellow MHOA board member Lois Karp: "We are participating in the Flock Camera Program. This system requires two cameras so that we can monitor both ingress and egress of all cars entering our HOA. The lease payment per camera each year is $2000. We understood that for the second year the cost would be split 50/50 with the city and therefore we would receive a total of $2000 for our two cameras in reimbursement toward the second years lease payment. Upon reading the Staff report for this Agenda item it states that we will only be reimbursed $500 per camera which is a 25% reimbursement. In reviewing our use of the system, it has come to our attention that our HOA utilized the system only 3 times since installation but the Sheriff Department has entered our system over 500 times in the last month alone! The cost of this system is the largest annual expenditure for our voluntary HOA. This project was to be information sharing with the Sheriff's Department but it has turned out to be subsidizing the Sheriff. Public Safety is one of the highest priorities of our city and all residents pay taxes for these services. The Sheriff utilizes our flock cameras for the benefit of all neighborhoods. Asking the participating HOA's to foot the bill which provides a service to our entire community is an unfair burden. We ask you to reconsider how this system should be funded." Robert Wright 3677 Cliffsite Dr rbw3677@att.net 408-636-6383 2 From: McKenzie Bright Sent: To: Tuesday, February 15, 2022 8:46 AM Patty Ott Cc: CC; CityClerk Subject: RE: 2-15-22 Agenda item #8 "Public Safety Reimbursement Program Guideline" Good morning Ms. Ott, The City Council is in receipt of your email and it will be included as late correspondence. To clarify, the security camera program that Mediterrania HOA participated in included a one-time reimbursement of $2,000 for your two Flock cameras -specifically, 50% of the cost up to $2,000 (for 2 cameras) for the first year of service only. The new Public Safety Reimbursement Program will be discussed by the City Council tonight and one of the alternative options they will consider is to replicate the initial reimbursement of $2,000 for two cameras for the second year of service. Please let me know if you have any questions. Sincerely, McKenzie McKenzie Bright, Administrative Analyst City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 {310) 544-5305 -mbright@rpvca.go\l'. Connect with the City from your phone or tablet, download MyRPV. Thi<; e rnail rnessage contains infonnation belon~JinrJ to thc0 City of Rancho Palos Verdes, wi·1ich rnay be privileged, confidenticil dnd/or proV\ct(>cl frorn disclosure. The information is intendecl only for use of the individual or entity named. Unauthorized d1ssernination, d1s1xibu\io11, or copy,nq is strictly prohibited. If you n,ceivccl this crnail in error, or are not &1 intended recipient, please\ notify the sender immcdiilt1,ly. Th,mk you fo:· your assistance and cooperation. Due to the current surge of the COVID-19 Omicron variant, Rancho Palos Verdes City Hall will be closed to walk-in visitors through February 28, 2022, unless further notification is provided. Several members of the City's workforce are being asked to work remotely during this time. Inquiries will continue to be reviewed on a daily basis. Please be patient with us as there may be delays or minor inconveniences in responding to your inquiry. From: Patricia Ott <pattyo@cox.net> Sent: Monday, February 14, 2022 6:19 PM To: CC <CC@rpvca.gov> Subject: 2-15-22 Agenda item #8 "Public Safety Reimbursement Program Guideline" February 14, 2022 City of Rancho Palos Verdes Honorable Mayor & City Council Members RE: Agenda item #8 "Public Safety Reimbursement Program "-February 15, 2022 Agenda 1 Dear Councilmembers -I am writing to voice my opinion on Agenda item #8 -Public Safety Reimbursement Program, specifically the Flock Camera Program. I am on the Board of the Mediterrania HOA. When the opportunity to install the Flock Camera system came up last year we discussed it at length in our meetings. The Board agreed that the cost would be too much for the MHOA to handle by itself but we were encouraged to know that the City would contribute 50% the first year and probably into the second year as well. Now it looks like we will only be getting 25% back from the City for this program. Since the majority of usage is the Sheriff Department, I feel this would put an undo burden on our membership to pay for 75% of this program. We can only guess what will happen next year. Perhaps the whole system will have to be shouldered by the HOA's that installed it. I feel strongly that either the Sheriff Department participate in this cost or the City keep at least the 50/50 payment plan. I don't think it's fair for the MHOA members, 50% of the homes are members, to pay for this program. I would like to add that I think it's a good system and would like to keep it, but if we have only 25% reimbursement from the city this year, our HOA will have no choice but to stop it. We simply can't afford to it. I would also like to suggest that if the City thinks this is something that benefits the City, perhaps a property tax of $10-$20 per year would help fund it. I believe that's a fair way to pay for this. Thank you for your time, Patty Ott 2 From: Sent: To: Cc: Subject: Dear Members of the City Council James Hevener <jhevener@cox.net> Monday, February 14, 2022 8:38 PM cc CityClerk Council Meeting 2/15/22 -Item 8 Public Safety Reimbursement Program I am writing in support of the Staff recommendation on Item 8 -but believe the reimbursement rate should be at $1000 per camera (up to $2000 or 50% of the total cost) as it was last year and not just 25%. I am the Vice President of the Mediterrania HOA ("MHOA"). The MHOA is a voluntary HOA with a very limited budget. Last year our Board agreed to proceed with the Flock Camera system on a one-year trial basis. We welcomed the City's agreement to provide 50% reimbursement, which made the system affordable to us and we gladly agreed to share our footage with the Sheriff Department. The Program roll-out was rocky, and we ended up having to get two cameras for our main entrance instead of one, but our Board was inclined to continue with the contract if the City continues to partner with us. As the Staff Report mentions, providing a subsidy is appropriate because "the cameras are utilized by the Sheriff's Department to investigate crimes, providing a general public benefit rather than solely benefitting the neighborhood." In fact, our HOA has used the camera only three (3) times in the past year, while the Sheriff uses the footage on essentially a daily basis -over 500 searches of our footage were conducted in the past month alone. In other words, the cameras primarily serve a general public benefit and only a limited exclusive benefit. We are not asking for the City for the relative share (which is over 99% of the usage), but do feel a 50/50 split is appropriate. Compared with the high cost of the City APLR cameras, or Sheriff patrols, this is a modest expenditure for general public safety. Otherwise, given our extremely limited budget, we may need to rethink our continued participation. Thank you for your attention to this matter and your service to our City. Jim Hevener 1 From: Sent: To: Cc: Subject: Attachments: Good afternoon Mr. Whited, McKenzie Bright Tuesday, February 15, 2022 2:27 PM Craig Whited CC; CityClerk; Ara Mihranian RE: Item 8 (Flock Cameras) on City Council Agenda for February 15, 2022 Flock Letter to City Council for 2022-02-15.pdf Thank you for your email and letter regarding the Public Safety Reimbursement Program. The City Council is in receipt of both and they will be included as late correspondence. Please let me know if you have any questions. Sincerely, McKenzie McKenzie Bright, Administrative Analyst City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 (310) 544-5305 -mbright@rpvca.gov Connect with the City from your phone or tablet, download MyRPV. Th,s e··rnail message contains inforrnatio11 belon9in9 to the City of Rancho Palos Verdes, which may be pr·ivilcqed, confidcnti,11 and/or prntrxtccl from disclosure. The information is intended only for use of the inclividual or entity named. U11authoriLcd dissemination, distr·itiution, 01· copy:nq is ;;trictly prnhibited. If you received this <'rnail in errnr, or are not an intended recipient, please notify the sender irnrnecliately. Thank you fo1· your assistance and cooperation. Due to the current surge of the COVID-19 Omicron variant, Rancho Palos Verdes City Hall will be closed to walk-in visitors through February 28, 2022, unless further notification is provided. Several members of the City's workforce are being asked to work remotely during this time. Inquiries will continue to be reviewed on a daily basis. Please be patient with us as there may be delays or minor inconveniences in responding to your inquiry. From: Craig Whited <craigwhited@cox.net> Sent: Tuesday, February 15, 2022 2:01 PM To: David Bradley <dlbradley@earthlink.net>; Barbara Ferraro <barbara.ferraro@rpvca.gov>; Eric Alegria <Eric.Alegria@rpvca.gov>; John Cruikshank <jcruikshank@jmc-2.com>; Ken Dyda <Ken.Dyda@rpvca.gov> Cc: Ara Mihranian <AraM@rpvca.gov>; CC <CC@rpvca.gov>; CityClerk <CityClerk@rpvca.gov> Subject: Item 8 (Flock Cameras) on City Council Agenda for February 15, 2022 Members of the City Council, Attached is a letter regarding the cost sharing of the Security Cameras installed in Rancho Palos Verdes. We certainly hope that you will give your approval to Item 8, Alternative 1 on tonight's agenda. 1 f3. Yours very truly, Craig Whited President -Mediterrania HOA 2 Craig R. Whited 31145 Palos Verdes Drive East Rancho Palos Verdes, CA, 90275 H -310/541-5272 & Cell-310/947-1840 February 15, 2022 Mayor David Bradley Mayor Pro Tern Barbara Ferraro Councilman Eric Alegria Councilman John Cruikshank Councilman Ken Dyda Dear Members of the City Council: I'm Craig Whited and am the President of the Mediterrania Home Owners Association. Our voluntary HOA has over 250 separate residences and leased and paid for two of the Flock Security Cameras at the suggestion of the City Manager in November 2020. The installation was completed in September 2021. From the day our cameras went live, the Flock camera footage has been shared among the Sheriff's Department, the City of Rancho Palos Verdes and the Mediterrania HOA per instructions given to Flock by the City. After receiving an email last Wednesday from the City's Administrative Analyst stating that the City Council is considering reducing the City's share of camera lease from 50% to 25%, I did a quick count on the number of data searches made and found that the Sheriff's Department actually makes over 99% of the searches. When we leased the two cameras, the cost sharing with the City was 50/50, and the City Manager promised to endeavor to continue this after the first year. Our HOA supports Alternative 1 on Agenda item 8, which maintains this, and encourages the City Council to approve it. Currently, the Sheriff's Department makes over 99% of the searches and our HOA makes less than 1 %. The fact that our voluntary HOA has a very limited budget, we will likely have to drop the lease on the Flock cameras if the City reduces its cost sharing to 25%. Spending half of our HOA revenue on Public Safety makes the continuation of the leasing of the cameras unsustainable at the rate specified in the email from City's Administrative Analyst. As public safety is a government function, the City should cover this cost from our taxes. As the LASO is the City's contracted public safety force, the LASO should continue to use the system, and the City should pay for its usage. The City should seriously consider taking over 100% of use and payment, and simply make the cameras another public safety tool. Just this morning the LASO conducted 25 searches of our data. We have conducted one search during 2022 and a total of 3 since installation last September. As a resident and a taxpayer, I believe that in fairness, the City should make the entire lease payment, but at a minimum the City should continue to share at least 50/50 this coming year as it has been doing. It would be unfortunate if the Mediterrania HOA had to drop the lease after this year. Not only would the Sherriff's Department lose a valuable tool that it regularly uses, but our HOA would lose a deterrent to crime in the area. Thank you. Craig Whited President -MHOA TO: FROM: DATE: SUBJECT: CITYOF RANCHO PALOS VERDES HONORABLE MAYOR & CITY COUNCIL MEMBERS CITY CLERK FEBRUARY 14, 2022 ADDITIONS/REVISIONS AND AMENDMENTS TO AGENDA Attached are revisions/additions and/or amendments to the agenda material received through Monday afternoon for the Tuesday, February 15, 2022 City Council meeting: Item No. 2 3 4 8 Description of Material Emails from: Kaaren Hoffman; Barbara Epstein; Sunshine Emails from: Michelle Maisner; Keith Kamholz; Mark Mintzer Attachment B (Gensler Agreement) Email exchange between Administrative Analyst Bright and Lois Karp; Email from Kat Kong Respectfully submitted, ~n~~ Teresa Takaoka L:ILATE CORRESPONDENCE\202212022 Coversheets\20220215 additions revisions to agenda thru Monday.docx From: Karina Banales Sent: To: Thursday, February 10, 2022 8:54 PM Kaaren Hoffman; CC Cc: CityClerk Subject: RE: Legacy of Japanese Farms on the Peninsula Good Evening Kaaren, Thank you very much for your e-mail regarding agenda item 2, "Consideration and possible action to undertake a reconsideration of the prior action of the City Council terminating the lease agreement with Mr. Martin Martinez at Upper Point Vicente (the "Hatano Farm")." We will include your comments as Late Correspondence for the City Council's consideration. Thank you and have a wonderful evening, Sincerely, Karina Bafia/es Deputy City Manager City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 (310} 544-5203 kbanales@rpvca.gov Please consider the environment before printing this e-mail Due to the current surge of the COV/0-19 Omicron Variant, Rancho Palos Verdes City Hall will be closed to walk-in visitors through February 28, 2022, unless further notification is provided. Several members of the City's workforce are being asked to work remotely during this time. Inquiries will continue to be reviewed on a daily basis. Please be patient with us as there may be delays or minor inconveniences in responding to your inquiry. From: Kaaren Hoffman <kaareni@cox.net> Sent: Thursday, February 10, 2022 4:09 PM To: CC <CC@rpvca.gov> Cc: Kaaren Hoffman <kaareni@cox.net> Subject: Legacy of Japanese Farms on the Peninsula 1 February 10, 2021 Dear Council Members: I am hopeful that you will find a way to preserve the Hatano Farm. I understand that some council members and residents might feel its lease arrangements run against the city's fiduciary responsibility but I think they are not taking into account that preserving open land is not irresponsible but in fact contributes highly to the city's standing as well as to the pleasure of all its residents. I also understand that the city wants to be in accord with the provisions set under the Federal Lands to Parks program but I feel that the Federal agency is willing to negotiate and the city can certainly formulate a plan that will at least be within the spirit of the prov1s10ns. Considering the above, I would like to offer the following ideas. I am sure that city council members have already been working on possible solutions and their ideas would, without a doubt, be far more encompassing and take into account many of the city's regulations of which I am unaware. However, having gone so far as to write to you, I believe it is appropriate to offer below my very rough and non-detailed ideas. 1. Set up a time limited lease with Mr. Martinez. Perhaps he would have an idea of how long of a lease he would need for it to be worth his while to continue to farm the land (I assume there would be provisions as to what he could do to the land and how it should be kept, etc.). 2. Any lease given to Mr. Mattinez should provide for the opportunity of other city based groups to use a portion of the land for educational purposes. I am sure both the public and private schools could use some land to teach appropriate farm techniques, nutrition, ecology etc. Many school districts do support such programs. It would be a plus-plus situation if Mr. Martinez would participate in such programs. 3. I thought there were some interesting ideas in the suggestion of connecting with the Terranea Resort. The farm could be open for tours with the funds going to the city. 4. It might be worthwhile to connect with the Peninsula Land Conservancy as they tend to have many ideas for the use of open land. They might be a good partner for both the city and Mr. Martinez. Thank you for taking the time to read this letter. I am sure with some creativity the city council will come to a reasonable and hopefully fruitful solution. It could be that there would need to be a short time solution followed by a more carefully studied long time solution. In any case, I do think that having open, farm-like land in our city adds to its value and the pleasure of its residents. We should be able to use this wisely. Sincerely, ~~~~~ Kaaren I. Hoffman 101 Spindrift Drive R.P.V. Sent from Mail for Windows 2 From: Sent: To: Cc: Subject: Barbara Epstein <justbarb56@gmail.com> Monday, February 14, 2022 9:33 AM Karina Banales CityClerk; cc@rvpca.gov; Parks; CityManager Re: Save Hatano Farm CAUTION: This email originated from outside of the City of Rancho Palos Verdes. Thank you Karina! I know that this is the best decision for RPV and the community. Barbara Sent from my iPad > On Feb 14, 2022, at 8:58 AM, Karina Banales <kbanales@rpvca.gov> wrote: > > Good Morning Barbara, > > Thank you very much for your e-mail regarding agenda item 2, "Consideration and possible action to undertake a reconsideration of the prior action of the City Council terminating the lease agreement with Mr. Martin Martinez at Upper Point Vicente (the "Hatano Farm")". We will include your comments as Late Correspondence for the City Council's consideration > > Thank you and have a great day, > > > Karina Banales > Deputy City Manager > > kbanales@rpvca.gov > Phone -(310) 544-5203 > > > 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. > Due to the current surge of the COVID-19 Omicron Variant, Rancho Palos Verdes City Hall will be closed to walk-in visitors through February 28, 2022, unless further notification is provided. Several members of the City's workforce are 1 being asked to work remotely during this time. Inquiries will continue to be reviewed on a daily basis. Please be patient with us as there may be delays or minor inconveniences in responding to your inquiry. > > > > > > > -----Original Message----- > From: Barbara Epstein <justbarb56@gmail.com> > Sent: Sunday, February 13, 2022 6:22 PM > To: CityClerk <CityClerk@rpvca.gov>; cc@rvpca.gov; Parks <Parks@rpvca.gov>; CityManager <CityMa nager@rpvca.gov> > Subject: Save Hatano Farm > > CAUTION: This email originated from outside of the City of Rancho Palos Verdes. > > > Dear City Leaders and Staff > > I am a founding member of, and former volunteer for, the Palos Verdes Peninsula Land Conservancy. I have also been a board member of the South Bay Parkland Conservancy, and have been involved with establishing the first community garden in Redondo Beach. I have long admired the City of Rancho Palos Verdes for originally saving its land from overdevelopment, and always making parks a priority. > > I am asking the City of Rancho Palos Verdes to establish the Hatano Farm as an historic working agricultural park. As a retired classroom teacher, I can see enormous value in preserving the Farm to host school, conservation, youth groups, and the public, to learn about this part of Peninsula history and see how a working farm might operate. You now have this unique opportunity to enrich community life in all of Palos Verdes and South Bay. > > Your vote for preservation will fit into the donor's required standard of parkland use, preserve the working farm as an educational resource, retain its long time family, and be a shining example of how much your city values its history, and its people. Perfect solution! > > Deepest Gratitude > > Barbara Epstein > justbarb56@gmail.com > > Sent from my iPad 2 From: Karina Banales Sent: To: Monday, February 14, 2022 9:00 AM SUNSHINE; CC Cc: CityClerk; david_siegenthaler@nps.gov; simonverdlov@gmail.com; spldeen@aol.com; jeanlongacre@aol.com; citymaster@hotmail.com; leneebilski@hotmail.com; ezstevens@cox.net Subject: RE: RPV CC 2/15/2022 Regular Business Item 2. The Hatano Farm Good Morning Sunshine, Thank you very much for your e-mail regarding agenda item 2, "Consideration and possible action to undertake a reconsideration of the prior action of the City Council terminating the lease agreement with Mr. Martin Martinez at Upper Point Vicente (the "Hatano Farm")". We will include your comments as Late Correspondence for the City Council's consideration Thank you and have a great day, Karina Karina Bafia/es Deputy City Manager kbanales@rpvca.gov Phone -(310} 544-5203 City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 Website: www.rpvca.gov Conneoct with th"" Cilty from your pho-ncr or tablet! DOWNLOAD 'hl:, . Avoilable-in the-App Store ond Gaogl,u Play ~ G-E.TITON lffl'-Google Play , 11,s e·mail mes,,a9e contains information belonqinq to the City of Rancho Palos Verdes, which may be privileqcd, confidential and/or protected from disclosur'f.'. The inforrnation is intended only for use of the inclivi<Jual or entity narnc'd. Unauthorized dissemination, distribution, or copyinsJ is sl:i'ictly prnhibited. Tf you received this crnail in error·, or are not: an intenciccl recipient, please notify the sender irrnnccliately. Thank you for your assistance and cooperation. Due to the current surge of the COV/0-19 Omicron Variant, Rancho Palos Verdes City Hall will be closed to walk-in visitors through February 28, 2022, unless further notification is provided. Several members of the City's workforce are being asked to work remotely during this time. Inquiries will continue to be reviewed on a daily basis. Please be patient with us as there may be delays or minor inconveniences in responding to your inquiry. From: SUNSHINE <sunshinerpv@aol.com> Sent: Sunday, February 13, 2022 3:28 PM To: CC <CC@rpvca.gov> Cc: CityClerk <CityClerk@rpvca.gov>; david_siegenthaler@nps.gov; simonverdlov@gmail.com; spldeen@aol.com; jeanlongacre@aol.com; citymaster@hotmail.com; leneebilski@hotmail.com; ezstevens@cox.net Subject: RPV CC 2/15/2022 Regular Business Item 2. The Hatano Farm 1 Dear Mr. Mayor and Council Members, Please rescind the eviction letter and direct Staff to submit the 2005 Pt. Vicente Park Plan the the National Park Service. Then, invite people to repopulate the City's Open Space Planning and Rec.& Parks Task Force. The most recent PV News article about the Hatano Farm introduced a term to describe why the farm has been here, so long. Bureaucratic indifference. The 13 acre Hatano Farm has always been on government owned land. The Ishibashi, Peukert and Mccarrel Farms were all on land leased from developers. The Bureaucrats are no longer "indifferent". RPV Staff works for State Agencies who have a new vision for land use in the State of California. They have learned how to manipulate the Feds. The RPV City Council in 2004 was "planted" by the PVP Land Conservancy. The Work Product of the City's original OSP and R&P Task Force died due to the lack of a motion. Barbara, you were on the Council when the Task Force was given its "task". With 20/20 hindsight, can you see that you were not given your expected turn as Mayor because you were not a party to the coup? Once again, Staff has presented the Hatano Farm conundrum as a "We have to comply with ... " Who brought it up? David Siegenthaler, with the National Park Service, is still waiting for RPV to submit a Plan for Pt Vicente Park (Upper and Lower) so that he can make specific comments about compliance based upon a specific land use change proposal. Even now, if the OSP and R&P Task Force's 2005 design for Pt. Vicente Park were submitted to David Siegenthaler, we would get a lot of specific answers which at this point he cannot give us. Oh! A future for the Hatano farm is addressed in that Plan. What is the Brown Act interpretation on this one? May the Mayor call for volunteers to be on a Council Subcommittee to proceed with a Task Force before the Feds are pushed into taking an action which they do not want to do? A lot of old Farmers are rolling over in their graves. Please give those of us who are still alive a chance to propose more "holistic" solutions than what Staff has come up with. 2 Rescind the letter. SUNSHINE RPV Resident 310-377-8761 3 From: Sent: To: Cc: Subject: McKenzie Bright Monday, February 14, 2022 8:03 AM 'Michelle Maisner' CityClerk RE: Neighborhood Watch Good morning Michelle, Thank you for sharing these comments -they will be included as late correspondence for the meeting. Thank you for all you do for La Vista Verde Estates, and for the City! Please let me know if you have any questions. Sincerely, McKenzie McKenzie Bright, Administrative Analyst City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 (310) 544-5305 -mbright@rpvca.gov Connect with the City from your phone or tablet, download MyRPV. Th;s (\ mail rnessaqe contc1ins information belon9ing to the City of Rancho Palos Verdes, wi1ich may be privileged, confic1,\ntidl ancl/m prmccted lron1 disclosure. The information is intended on!y for use of the indiviclual or entity narnccl, Unauthorized dissorninat:ion, distribution, or copyin9 is strictly pror1ibitcd. If you r·eceived this ernail in error, or are not an intended recipient, please notify the sender irnmediat:ely. Thank you for your assistance and coopcrnlion. Due to the current surge of the COVID-19 Omicron variant, Rancho Palos Verdes City Hall will be closed to walk-in visitors through February 28, 2022, unless further notification is provided. Several members of the City's workforce are being asked to work remotely during this time. Inquiries will continue to be reviewed on a daily basis. Please be patient with us as there may be delays or minor inconveniences in responding to your inquiry. From: Michelle Maisner <michellemaisner@gmail.com> Sent: Sunday, February 13, 2022 6:53 PM To: McKenzie Bright <mBright@rpvca.gov> Subject: Neighborhood Watch Hello McKenzie, I'm writing to share my experience with Neighborhood Watch. I've been the Block Captain of La Vista Verde Estates in RPV for at least 10 years. Gail Lorenzen, our director, has been great to work with. She's very professional, thorough and consistent with getting the crime bulletins out to all of the neighborhoods. In my neighborhood, where there are a lot of seniors and people tend to keep to themselves, it's proven to be helpful to get information out, crime or otherwise, to everyone via email. It's also been a way to make our neighbors more aware of each other and more attentive to who is coming and going on our private road. S:me people may have the opinion that it's not necess3. because of social media sites like Next Door and Facebook, but I disagree. I feel it's more helpful because the information pertains to your specific neighborhood and it also encourages people and provides a safe forum to share information with your neighbors privately among each other. Lastly, it's been great to meet our local law enforcement over the years through the annual Night Out events. I'm very appreciative of Gail Lorenzen for coordinating this program and of Lomita Sheriff and the Fire Department for the outstanding job they do to protect our city. Sincerely, Michelle Maisner La Vista Verde Estates Block Captain 2 From: Sent: To: Cc: McKenzie Bright Monday, February 14, 2022 7:59 AM 'Keith Kamholz' Gail Lorenzen; CityClerk Subject: RE: Comments for RPV City Council Mtg: 2/15 -Comments regarding Neighborhood Watch Attachments: 2022-02-13 Neighborhood Watch Comment -Via Rivera Area.docx Good morning Keith, Thank you for sharing these comments -they will be included as late correspondence. Thank you for all you do for the Via Rivera area, and for the City! Please let me know if you have any questions. Sincerely, McKenzie McKenzie Bright, Administrative Analyst City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 {310) 544-5305 -mbright@rpvca.gov Connect with the City from your phone or tablet, download MyRPV. This e-rnail messa\_lC contains information belongincJ to the City of Rancho Palos Vcnles, which rnay be privileqcd, confidential and/or protectccl from disclosure. The information is intenclecl only for use of t:he individual or entity named. Undul:horized dissemination, distribution, 01· copyinq is :;trictly prohibited. If you received this csrnail in c\rror, or are not an intenclcscl recipient, please notify the sender irnrneclii.1tely. Thank you fm your· assistance ancl cooper·ation. Due to the current surge of the COVID-19 Omicron variant, Rancho Palos Verdes City Hall will be closed to walk-in visitors through February 28, 2022, unless further notification is provided. Several members of the City's workforce are being asked to work remotely during this time. Inquiries will continue to be reviewed on a daily basis. Please be patient with us as there may be delays or minor inconveniences in responding to your inquiry. From: Keith Kamholz <krkamholz@gmail.com> Sent: Sunday, February 13, 2022 2:49 PM To: McKenzie Bright <mBright@rpvca.gov> Cc: Gail Lorenzen <rpvnw@ix.netcom.com> Subject: Comments for RPV City Council Mtg: 2/15 -Comments regarding Neighborhood Watch McKenzie, Thank you for this opportunity. My name is Keith Kamholz and I'm the Neighborhood Watch Area Coordinator for the Via Rivera Neighborhood. (The neighborhood around Pt. Vicente Elementary School). I am unable to attend the 3. meeting. My comments are shown below and the same comments are attached as a Word document. 1 Thank You, Keith Kamholz Neighborhood Watch Area Coordinator -Via Rivera Area Comments: I have been involved with Neighborhood Watch since we moved to RPV in 2003. Neighborhood watch is a voluntary group that builds relationships between our neighbors, our deputies and our firefighters. Our many volunteers, which includes block captains, block assistants, and emergency preparedness coordinators help protect, inform, and educate our neighbors. Technology is helpful and can make us more efficient, but technology cannot replace the personal relationships we build with our neighbors. Our neighborhood watch volunteers are critical along with our deputies and fire fighters, in keeping our neighbors and neighborhoods safe. Without volunteers, the many organizations that help build the community we cherish would disappear. I am grateful for all our neighborhood watch volunteers, and the volunteer service they provide to make Rancho Palos Verdes a safe and friendly community. The great thing about being the area coordinator and a block captain is I personally know many of my neighbors! If you want to know your neighbors, volunteer. Keith Kamholz Neighborhood Watch Area Coordinator -Via Rivera Neighborhood 2 I have been involved with Neighborhood Watch since we moved to RPV in 2003. Neighborhood watch is a voluntary group that builds relationships between our neighbors, our deputies and our firefighters. Our many volunteers, which includes block captains, block assistants, and emergency preparedness coordinators help protect, inform, and educate our neighbors. Technology is helpful and can make us more efficient, but technology cannot replace the personal relationships we build with our neighbors. Our neighborhood watch volunteers are critical along with our deputies and fire fighters, in keeping our neighbors and neighborhoods safe. Without volunteers, the many organizations that help build the community we cherish would disappear. I am grateful for all our neighborhood watch volunteers, and the volunteer service they provide to make Rancho Palos Verdes a safe and friendly community. The great thing about being the area coordinator and a block captain is I personally know many of my neighbors! If you want to know your neighbors, volunteer. Keith Kamholz Neighborhood Watch Area Coordinator -Via Rivera Neighborhood From: Sent: To: Subject: Late correspondence for item 3. From: McKenzie Bright McKenzie Bright Monday, February 14, 2022 7:55 AM CityClerk FW: City Council Zoom/ Senior Fraud webinar Sent: Monday, February 14, 2022 7:54 AM To: 'Mark Mintzer' <rpvnw.elmbridgedr@gmail.com> Cc: Lori Fan <bafanrpv@yahoo.com>; Gail Lorenzen <rpvnw@ix.netcom.com> Subject: RE: City Council Zoom/ Senior Fraud webinar Good morning Mark, Information on accessing the City Council meeting is available at rpvca.gov/participate/council. Please let me know if you have any questions. The Senior Scam Stopper webinar is available to watch on Senator Allen's website at sd26.senate.ca.gov/multimedia/town-hall-senior-scam-stopper. The slides from the presenters are also available to download on that page. Thank you for sharing your comments on Neighborhood Watch -they will be included as late correspondence for the Council meeting. Thank you for all you do for Elm bridge Drive, and for the City! Sincerely, McKenzie McKenzie Bright, Administrative Analyst City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 (310) 544-5305 -mbright@rpvca.gov Connect with the City from your phone or tablet, download MyRPV. I ilis e,mai! rnessaf)e contains information be!on9in9 to the City of Rancho Palos Verdes, which may be privile9ed, confidential and/or prntecl:ed frorn disclosure, The information is intended only for use of the individual or entity named. Unauthorized dissemination, distribution, or copyinq is strictly prohibited. If you received th:s email in error, or are not an intended recipient, please notify the sencier immediately, Thank you hx your ,1ssistaw:e ,md cooperation. Due to the current surge of the COVID-19 Omicron variant, Rancho Palos Verdes City Hall will be closed to walk-in visitors through February 28, 2022, unless further notification is provided. Several members of the City's workforce are being asked to work remotely during this time. Inquiries will continue to be reviewed on a daily basis. Please be patient with us as there may be delays or minor inconveniences in responding to your inquiry. From: Mark Mintzer <rpvnw.elmbridgedr@gmail.com> Sent: Saturday, February 12, 2022 7:28 PM 1 s. To: McKenzie Bright <mBright@rpvca.gov> Cc: Lori Fan <bafanrpv@yahoo.com>; Gail Lorenzen <rpvnw@ix.netcom.com> Subject: City Council Zoom/ Senior Fraud webinar Hello McKenzie, If possible, please provide access to the city council meeting on the 15th. Also, is it possible to view the senior fraud webinar from 2/9? I could not watch the whole webinar. I tried to record it, but I don't think I got the whole event. If it's easy to view on line, I'd send it to the NW participants who could not watch it live. There was a lot of good information there. Thank you for your efforts. I love the NW program and appreciate the work of all the volunteers who keep it going! Special thanks to Gail and Lori for all their kind help. Warmest regards, Mark Mark Mintzer, Block Captain Elmbridge Drive Neighborhood Watch 2 From: Matt Waters Sent: To: Monday, February 14, 2022 10:49 AM cc Cc: CityClerk Subject: Late correspondence for 2-15 CC mtg Gensler PSA Attachments: Att B Gensler PSA for Pre-Design Services-final not signed.pdf To Mayor Bradley and City Council Members: Good morning. Attached is the draft Professional Services Agreement with Gensler for Civic Center preliminary/conceptual site planning (Attachment B Item 4 2-15 CC Mtg). The attached agreement will be added as late correspondence for tomorrow night's meeting. Please let me know if you have any questions. Take Care- 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 CITY OF RANCHO PALOS VERDES PROFESSIONAL SERVICES AGREEMENT FOR CIVIC CENTER PRE-DESIGN SERVICES THIS PROFESSIONAL SERVICES AGREEMENT (herein "Agreement") is made and entered into this 15 th day of February, 2022, by and between the CITY OF RANCHO PALOS VERDES, a municipal corporation ("City") and GENSLER, a California corporation (herein "Consultant"). NOW, THEREFORE, the parties hereto agree as follows: 1. SERVICES OF CONSUL TANT 1.1 Scope of Services. In compliance with all of the terms and conditions of this Agreement, the Consultant shall perform the work or services set forth in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by reference. Consultant warrants that it has the experience and ability to perform all work and services required hereunder and that it shall diligently perform such work and services in a professional and satisfactory manner. 1.2 Compliance With Law. All work and services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency of competent jurisdiction. 1.3 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 I 720 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 18 IO et seq., and all other applicable laws. 1.4 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 the Agreement. 1.5 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. 2. COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with the "Schedule of Compensation" attached hereto as Exhibit "C" and incorporated herein by this reference, but not exceeding the maximum contract amount of $59,800 (Fifty-Nine Thousand Eight Hundred Dollars) together with reimbursable expenses approved by City's Contract Officer (including a l 0% mark-up to such expenses) (the "Contract Sum"). 0 !203.0001/767710. I B-1 2.2 Invoices. Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City's Director of Finance. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement. The invoice shall contain all information specified in Exhibit "C", and shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts. Sub-contractor charges shall also be detailed by such categories. Consultant shall not invoice City for any duplicate services performed by more than one person. City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, City will use its best efforts to cause Consultant to be paid within fo1ty five (45) days of receipt of Consultant's correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. However, if any invoice remains unpaid more than sixty (60) days after submission, Consultant shall notify City of its delay in payment and may suspend services if payment is not received within ten days of such notice. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant no later than thirty days after invoice date with a description of the reason for the dispute for correction and resubmission. Review and payment by the City of any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law. 2.3 Additional Services. City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Consultant, incorporating therein any adjustment in (i) the Contract Sum for the actual cost of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation of up to ten percent (10%) of the Contract Sum but not exceeding a total contract amount of Five Thousand Dollars ($5,000) or in the time to perform of up to ninety (90) days may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. No claim for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed. 3. PERFORMANCE SCHEDULE 3.1 Time for Performance. The services shall be performed in accordance with the Schedule of Performance subject to any adjustments as described below. 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, 2 01203.0001/767710.1 B-2 extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding thirty (30) days cumulatively. 3.3 Force Majeure. The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant shall within ten (10) days of the commencement of such delay notify the con Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant's sole remedy being extension of the Agreement pursuant to this Section. 3.4 Term. Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding one (1) year from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit "D"). 4. COORDINATION OF WORK 4.1 Representative of Consultant. Peter Barsuk is hereby designated as being the representative of Consultant authorized to act on its behalf with respect to the work and services specified herein and make all decisions in connection therewith. All personnel of Consultant and any authorized agents shall be under the exclusive direction of the representative of Consultant. Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant's staff and subcontractors, and shall keep City informed of any changes. 4.2 Contract Officer. Karina Banales, Deputy City Manager, or such person as may be designated by the City Manager, is hereby designated as being the representative the City authorized to act in its behalf with respect to the work and services specified herein and to make all decisions in connection therewith ("Contract Officer"). 4.3 Prohibition Against Assignment. Consultant shall not contract with any entity to perform in whole or in part the work or services required hereunder without the express written approval of the City. Neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Any such prohibited assignment or transfer shall be void. 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. Consultant shall perform all services required herein as an independent contractor of City with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or 3 01203.0001/767710.1 B-3 any of its agents or employees are agents or employees of City, or that it is a member of a joint enterprise with City. II I 5. INSURANCE AND INDEMNIFICATION 5.1 Insurance Coverages. Without limiting Consultant's indemnification of City, and prior to commencement of any services under this Agreement, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. (a) General liability insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted. (b) Automobile liability insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non- owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. (c) Professional liability (errors & omissions) insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement. ( d) Workers' compensation insurance. Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000). ( e) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein. (f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit "B". 5.2 General Insurance Requirements. (a) Proof of insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation 4 01203.0001/767710.1 B-4 endorsement for workers' compensation. Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time. (b) Duration of coverage. Consultant shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, its agents, representatives, employees or subconsultants. ( c) Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non- contributory basis for the benefit of City before the City's own insurance or self-insurance shall be called upon to protect it as a named insured. (d) City's rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (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 prov1s1ons (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 5 B-5 012030001/767710.1 issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (i) Notice of cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. U) Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies. (k) Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (I) Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer's limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) Pass through clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency's right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant's compensation. ( o) Self-insured retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City. (p) Timely notice of claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. 6 012030001/767710. I B-6 (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, 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 to the extent resulting from the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, 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, except claims or liabilities occurring as a result of City's sole negligence or willful acts or omissions, However, Consultants indemnity obligation for claims arising from professional negligence shall be limited to its proportionate negligence. The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement. 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 and shall keep such records for a period of three years following completion of the services hereunder. 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. 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 or as the Contract Officer shall require. 6.3 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 the City without prior written authorization from the Contract Officer. (b) Consultant 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 7 01203.0001/767710. l B-7 shall not be considered "voluntary" provided Consultant gives the City notice of such court order or subpoena. ( c) If Consultant provides any information or work product in violation of this Agreement, then the 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 the City should Consultant 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 thereunder. The 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 the City and to provide the City with the opportunity to review any response to discovery requests provided by Consultant. 6.4 Ownership of Documents. All studies, surveys, data, notes, computer files, reports, records, drawings, specifications, maps, designs, photographs, documents and other materials (the "documents and materials") prepared by Consultant in the performance of this Agreement shall upon payment of all amounts due to Consultant become the joint property of the City and Consultant and copies of the documents and materials shall be delivered to the City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for fmther employment or additional compensation as a result of the exercise by the City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. 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. 7. ENFORCEMENT OF AGREEMENT AND TERMINATION 7 .1 California Law. This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California. 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 timefrarne in which Consultant may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, 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. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. 7 .3 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 8 01203.0001/767710. I 8-8 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 any legal action under this Agreement. 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. 7.4 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 fifteen (15) days' written notice to Consultant, except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Consultant reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60) days' written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder, but not exceeding the compensation provided therefore in the Schedule of Compensation Exhibit "C". In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2. 7.5 Termination for Default of Consultant. If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated. 8. MISCELLANEOUS 8.1 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 9 01203 0001/767710.1 8-9 affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class 8.2 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. 8.3 Notice. 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 Boulevard, 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. 8.4 Integration; Amendment. 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. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. 8.5 Severability. In the event that part of 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 portions 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. 8.6 Waiver. No delay or omission in the exercise of any right or remedy by non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. 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. 8.7 Attorneys' Fees. If either party to this Agreement is required to initiate or defend or made a party lo any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which any be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees, whether or not the matter proceeds to judgment. 8.8 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 10 01203.0001/767710. I B-10 party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 8.9 Counterparts. This Agreement may be executed in counterpaiis, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument. 8.10 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 --- 8.11 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) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. [Signatures On The Following Page] 11 012030001/767710.1 B-11 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 Ara M. Mihranian, City Manager CONSULTANT: GENSLER, INC. By:. ____________ _ Name: Peter Barsuk Title: By:. ___________ _ Name: Title: Address: ____________ _ Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: I) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. 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. 12 01203.0001/767710.1 B-12 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. STA TE OF CALIFORNIA COUNTY OF LOS ANGELES On ____ , 2022 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 CORPORATE OFFICER TITLE(S) PARTNER(S) 0 □ ATTORNEY-IN-FACT TRUSTEE(S) LIMITED GENERAL □ □ □ □ □ GUARDIAN/CONSERVATOR OTHER~------------ SIGNER IS REPRESENTING: (NAME OF PERSON(S) OR ENTITY(IES)) 01203.000 I /767710.1 DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 8-13 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. ST A TE OF CALIFORNIA COUNTY OF LOS ANGELES On ____ , 2022 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 CORPORATE OFFICER TITLE(S) PARTNER(S) 0 □ ATTORNEY-IN-FACT TRUSTEE(S) LIMITED GENERAL □ □ □ □ □ GUARDIAN/CONSERVATOR OTHER ------------- SIGNER IS REPRESENTING: (NAME OF PERSON(S) OR ENTITY(IES)) 01203.0001/767710.1 DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DA TE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 8-14 EXHIBIT "A" SCOPE OF SERVICES I. Consultant will perform the following services: A. Consultant shall perform the following identified pre-design services, including preliminary/conceptual site planning, for the purpose of assessing overall Civil Center site constraints and capabilities to assist Griffin Structures in developing a project cost(s) for a Civic Center construction project. Consultant shall engage in six (6) public presentations (including a pre-design workshop, one workshop for City Staff and one workshop for the Civic Center Advisory Committee). II. As part of the Services, Consultant will prepare and deliver the following tangible work products to the City: Scope Due Date Fee 1 Present prior site planning and opportunity/ 2/24/2022 $ 2,000 constraints diagram to Civic Center Advisory Committee (CCAC) forinput 2 Update opportunity/ constraints diagram based 3/24/2022 $ 3,000 on prior study 3 Pre-design workshop, one for City Staff and one 3/24/2022 $ 15,000 for CCAC 4 Provide up to three site diagrams with potential 4/8/2022 $ 18,000 phasing for City Staff review based on workshop 5 City staff review (one week) 4/15/2022 $ - 6 Design updates as needed for presentation to 4/28/2022 $ - CCAC for input 7 Provide preferred pre-design site plan for 5/13/2022 $ 16,800 budget purposes for City staff review 8 City staff review (one week) 5/20/2022 $ - 9 Design updates as needed for presentation to 5/26/2022 $ - CCAC-recommendation to City Council 10 Present CCAC recommended design to City 7/19/2022 $ 3,000 Council -receive input. 11 City staff review (one week) 7/26/2022 12 Final design updates as required for City 8/16/2022 $ 2,000 Council Presentation Total Lump Sum Fee $ 59,800 01203.0001/767710. l A-1 B-15 III. All work product is subject to review and acceptance by the City, and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City. IV. Consultant will utilize the following personnel to accomplish the Services: A. Peter Barsuk B. Michael Volk C. 01203.0001/767710.1 B-16 01203.0001/767710.1 EXHIBIT "B" SPECIAL REQUIREMENTS (Superseding Contract Boilerplate) [THIS PAGE INTENTIONALLY LEFT BLANK] B-1 B-17 EXHIBIT "C" SCHEDULE OF COMPENSATION I. Consultant shall perform the following Services at the following rates: Task 1 $2,000 Task2 $3,000 Task3 $15,000 Task 4 $18,000 Task 7 $16,800 Task 10 $3,000 Task 12 $2,000 II. The City will compensate Consultant for the Services performed upon submission of a periodic invoice for each task. III. The total compensation for the Services shall not exceed the Contract Sum as provided in Section 2.1 of this Agreement. C-1 01203.0001/767710.1 B-18 EXHIBIT "D" SCHEDULE OF PERFORMANCE I. Consultant shall perform all services timely in accordance with the following schedule: As set forth in the Scope of Services, Exhibit "A." II. Consultant shall deliver the following tangible work products to the City by the following dates. As set forth in the Scope of Services, Exhibit "A." III. The Contract Officer may approve extensions for performance of the services in accordance with Section 3.2. D-1 B-19 01203.0001/767710. l From: Sent: To: Cc: Subject: Good morning Ms. Karp, McKenzie Bright Monday, February 14, 2022 8:31 AM 'Lois Karp' CC; CityClerk RE: 2-15-22 Agenda item #8 "Public Safety Reimbursement Program Guideline" The City Council is in receipt of your comments pertaining to the Public Safety Reimbursement Program. The security camera program that Mediterrania HOA participated in included a one-time reimbursement of $2,000 for your two Flock cameras -specifically, 50% of the cost up to $2,000 (for 2 cameras) for the first year of service. In recognition of the general public benefit which the cameras provide, the new Public Safety Reimbursement Program proposes to provide an ongoing reimbursement of $500 per camera -for Mediterrania this would be a $1,000 reimbursement for the second year of service. This program will be discussed by the City Council at the meeting tomorrow night. Please let me know if you have any questions. Sincerely, McKenzie McKenzie Bright, Administrative Analyst City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 (310) 544-5305 -mbright@rpvca.gov Connect with the City from your phone or tablet, download MvRPV. This C)-rnail message contains information belo11gi119 to the City of Rancho Palos Verdes, which may be privileged, conficlential and/or f)r'Otected frorn cHsclosme, The information is intended only fo1· use of the individual or entity narnecL Unauthorized clisseminat:ion, distribution, or copyim1 is strictly prohibited. If you received this email in error, or are not an intended 1·ecip1cnt, please notify the sender immediately, Thank you for your assistance ,rnd cooperation. Due to the current surge of the COVID-19 Omicron variant, Rancho Palos Verdes City Hall will be closed to walk-in visitors through February 28, 2022, unless further notification is provided. Several members of the City's workforce are being asked to work remotely during this time. Inquiries will continue to be reviewed on a daily basis. Please be patient with us as there may be delays or minor inconveniences in responding to your inquiry, From: Lois Karp <JLKarp@Cox.net> Sent: Sunday, February 13, 2022 12:19 PM To: CC <CC@rpvca.gov> Subject: 2-15-22 Agenda item #8 "Public Safety Reimbursement Program Guideline" February 13, 2022 1 g City of Rancho Palos Verdes Honorable Mayor & City Council Members RE: Agenda item #8 "Public Safety Reimbursement Program "-February 15, 2022 Agenda I am a member of the Mediterrania HOA Board. We are participating in the Flock Camera Program. This system requires two cameras so that we can monitor both ingress and egress of all cars entering our HOA. The lease payment per camera each year is $2000. We understood that for the second year the cost would be split 50/50 with the city and therefore we would receive a total of $2000 for our two cameras in reimbursement toward the second years lease payment. Upon reading the Staff report for this Agenda item it states that we will only be reimbursed $500 per camera which is a 25% reimbursement. In reviewing our use of the system, it has come to our attention that our HOA utilized the system only 3 times since installation but the Sheriff Department has entered our system over 500 times in the last month alone! The cost of this system is the largest annual expenditure for our voluntary HOA. This project was to be information sharing with the Sheriff's Department but it has turned out to be subsidizing the Sheriff. Public Safety is one of the highest priorities of our city and all residents pay taxes for these services. The Sheriff utilizes our flock cameras for the benefit of all neighborhoods. Asking the participating HOA's to foot the bill which provides a service to our entire community is an unfair burden. We ask you to reconsider how this system should be funded. Lois Karp 2 From: McKenzie Bright <mBright@rpvca.gov> Sent: Thursday, February 10, 2022 10:19 AM To: 'kathrynkong@icloud.com' <kathrynkong@icloud.com> Cc: CC <CC@rpvca.gov>; CityClerk <CityClerk@rpvca.gov> Subject: RE: Ring doorbell program Good morning Ms. Kong, The City Council is in receipt of your support for the Public Safety Reimbursement Program. Your email will also be included as late correspondence. Please let me know if you have any questions on the program. Thank you, McKenzie McKenzie Bright, Administrative Analyst City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 (310) 544-5305 -mbright@rpvca.gov Connect with the City from your phone or tablet, download MyRPV. 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. Due to the current surge of the COVID-19 Omicron variant, Rancho Palos Verdes City Hall will be closed to walk-in visitors through February 28, 2022, unless further notification is provided. Several members of the City's workforce are being asked to work remotely during this time. Inquiries will continue to be reviewed on a daily basis. Please be patient with us as there may be delays or minor inconveniences in responding to your inquiry. -----Original Message----- From: Kathryn Edmundson Kong <kathrynkong@icloud.com> Sent: Wednesday, February 9, 2022 9:14 PM To: CC <CC@rpvca.gov> Subject: Ring doorbell program CAUTION: This email originated from outside of the City of Rancho Palos Verdes. Hi CC, I do hope you move forward with the reimbursement program for the Ring doorbells. Myself and a neighbor were awaiting the program to invest in the doorbell cameras. Thank you, Kat Kong (Eastview resident) 6. 1