20240903 Late CorrespondenceTO:
FROM:
DATE:
SUBJECT:
HONORABLE MAYOR & CITY COUNCIL MEMBERS
CITY CLERK
SEPTEMBER 3, 2024
ADDITIONS/REVISIONS AND AMENDMENTS TO AGENDA
Attached are revisions/additions and/or amendments to the agenda material presented
for tonight's meeting.
Item No.
E
2
Description of Material
Attachment (Agreement with Show Ready Inc .)
Email exchange between Devin Serrano and Staff
Emails from: Bistra Dilkina; Carlos Tadeo Ortega Otero; Mike and
Sharon Yang; Kris Bernhardt; James and Elaine Yang; Mickey Radich;
Jenny Chen; Judy Chang; Jenay and Dan Rouimi
3 Letter from Stasys Petravicius
Emails from: Sharon Yarber; Michele Carbone; Janine Micucci; James
and Catherine Hwang; Dan Bruening; Michael Cristillo; Kendra L.
Carney Mehr
4 Email from Noel Park
6 Email from Bob Nelson
Respectfully submitted,
L:ILATE CORRESPONDENCE\202412024 Coversheets\20240903 additions revisions to agenda.docx
From:
Sent:
To:
Cc:
Subject:
Emily Rodin
Tuesday, September 3, 2024 1 :04 PM
CityClerk
Daniel Trautner
PSA for PVIC Middle Room Exhibits
Attachments: RPV-PVIC Exhibit Fabrication and Installments by Show Ready Inc. Long Form PSA
(1010807.2)(1011824.3)_Clean_SR_initialed_090324.pdf
Good afternoon,
Attached PSA for PVIC Middle Room Exhibits for late correspondence.
Emily Rodin, Recreation Supervisor
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
310-544-5302 I emilyr@rpvca.gov
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1 £.
PROFESSIONAL SERVICES AGREEMENT
By and Between
CITY OF RANCHO PALOS VERDES
and
SHOW READY INC.
FOR THE FABRICATION AND INSTALLATION OF POINT VICENTE
INTERPRETIVE CENTER MUSEUM EXHIBITS
01203.0001/1011824.3 A-1
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE CITY OF RANCHO PALOS VERDES AND SHOW READY INC.
THIS AGREEMENT FOR PROFESSIONAL SERVICES ("Agreement") is made and
entered into on September 3rd , 2024 by and between the CITY OF RANCHO PALOS
VERDES, a California municipal corporation ("City") and Show Ready Inc. ("Consultant"). a
California Corporation ("Consultant"). City and Consultant may be referred to, individually or
collectively, as "Party" or "Parties."
RECITALS
A. Consultant, following submission of a proposal for the performance of the
services defined and described particularly in Article I of this Agreement, was selected by the
City to perform those services.
B. Pursuant to the City of Rancho Palos Verdes Municipal Code, City has authority
to enter into and execute this Agreement.
C. The Parties desire to formalize the selection of Consultant for performance of
those services defined and described particularly in Article I of this Agreement and desire that
the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by
the Parties and contained herein and other consideration, the value and adequacy of which are
hereby acknowledged, the parties agree as follows:
ARTICLE 1. SERVICES OF CONSULTANT
1.1 Scope of Services.
In compliance with all terms and conditions of this Agreement, the Consultant shall
provide those services specified in the "Scope of Services", as stated in the Proposal, attached
hereto as Exhibit "A" and incorporated herein by this reference, which may be referred to herein
as the "services" or "work" hereunder. As a material inducement to the City entering into this
Agreement, Consultant represents and warrants that it has the qualifications, experience, and
facilities necessary to properly perform the services required under this Agreement in a thorough,
competent, and professional manner, and is experienced in performing the work and services
contemplated herein. Consultant shall at all times faithfully, competently and to the best of its
ability, experience and talent, perform all services described herein. Consultant covenants that it
shall follow the highest professional standards in performing the work and services required
hereunder and that all materials will be both of good quality as well as fit for the purpose
intended. For purposes of this Agreement, the phrase "highest professional standards" shall mean
those standards of practice recognized by one or more first-class firms performing similar work
under similar circumstances.
01203 0001/10118243
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1.2 Consultant's Proposal.
The Scope of Service shall include the Consultant's Proposal which shall be incorporated
herein by this reference as though fully set forth herein. In the event of any inconsistency
between the terms of such Proposal and this Agreement, the terms of this Agreement shall
govern.
1.3 Compliance with Law.
Consultant shall keep itself informed concerning, and shall render all services hereunder
in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and
any Federal, State or local governmental entity having jurisdiction in effect at the time service is
rendered.
1.4 California Labor Law.
If the Scope of Services includes any "public work" or "maintenance work," as those
terms are defined in California Labor Code section 1720 et seq. and California Code of
Regulations, Title 8, Section 16000 et seq., and if the total compensation is $1,000 or more,
Consultant shall pay prevailing wages for such work and comply with the requirements in
California Labor Code section 1770 et seq. and 1810 et seq., and all other applicable laws,
including the following requirements:
(a) Public Work. The Parties acknowledge that some or all of the work to be
performed under this Agreement is a "public work" as defined in Labor Code Section 1 720 and
that this Agreement is therefore subject to the requirements of Division 2, Part 7, Chapter 1
( commencing with Section 1720) of the California Labor Code relating to public works contracts
and the rules and regulations established by the Department of Industrial Relations ("DIR")
implementing such statutes. The work performed under this Agreement is subject to compliance
monitoring and enforcement by the DIR. Consultant shall post job site notices, as prescribed by
regulation.
(b) Prevailing Wages. Consultant shall pay prevailing wages to the extent
required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the
prevailing rate of per diem wages are on file at City Hall and will be made available to any
interested party on request. By initiating any work under this Agreement, Consultant
acknowledges receipt of a copy of the DIR determination of the prevailing rate of per diem
wages, and Consultant shall post a copy of the same at each job site where work is performed
under this Agreement.
(c) Penalty for Failure to Pay Prevailing Wages. Consultant shall comply with
and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment
of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The
Consultant shall, as a penalty to the City, forfeit $200 (two hundred dollars) for each calendar
day, or portion thereof, for each worker paid less than the prevailing rates as determined by the
DIR for the work or craft in which the worker is employed for any public work done pursuant to
this Agreement by Consultant or by any subcontractor.
01203.0001/10118243 2
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(d) Payroll Records. Consultant shall comply with and be bound by the
provisions of Labor Code Section 1776, which requires Consultant and each subcontractor to:
keep accurate payroll records and verify such records in writing under penalty of perjury, as
specified in Section 1776; certify and make such payroll records available for inspection as
provided by Section 1776; and inform the City of the location of the records.
(e) Apprentices. Consultant shall comply with and be bound by the provisions
of Labor Code Sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations Title 8,
Section 200 et seq. concerning the employment of apprentices on public works projects.
Consultant shall be responsible for compliance with these aforementioned Sections for all
apprenticeable occupations. Prior to commencing work under this Agreement, Consultant shall
provide City with a copy of the information submitted to any applicable apprenticeship program.
Within 60 (sixty) days after concluding work pursuant to this Agreement, Consultant and each of
its subcontractors shall submit to the City a verified statement of the journeyman and apprentice
hours performed under this Agreement.
(f) Eight-Hour Work Day. Consultant acknowledges that 8 (eight) hours labor
constitutes a legal day's work. Consultant shall comply with and be bound by Labor Code
Section 1810.
(g) Penalties for Excess Hours. Consultant shall comply with and be bound by
the provisions of Labor Code Section 1813 concerning penalties for workers who work excess
hours. The Consultant shall, as a penalty to the City, forfeit $25 (twenty five dollars for each
worker employed in the performance of this Agreement by the Consultant or by any
subcontractor for each calendar day during which such worker is required or permitted to work
more than 8 (eight) hours in any one calendar day and 40 (forty) hours in any one calendar week
in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code.
Pursuant to Labor Code section 1815, work performed by employees of Consultant in excess of 8
(eight) hours per day, and 40 (forty) hours during any one week shall be permitted upon public
work upon compensation for all hours worked in excess of 8 hours per day at not less than one
and 1 ½ ( one and one half) times the basic rate of pay.
(h) Workers' Compensation. California Labor Code Sections 1860 and 3 700
provide that every employer will be required to secure the payment of compensation to its
employees if it has employees. In accordance with the provisions of California Labor Code
Section 1861, Consultant certifies as follows:
"I am aware of the provisions of Section 3 700 of the Labor Code which require
every employer to be insured against liability for workers' compensation or to
undertake self-insurance in accordance with the provisions of that code, and I will
comply with such provisions before commencing the performance of the work of
this contract."
Consultant's Authorized Initials 7n C CL
(i) Consultant's Responsibility for Subcontractors. For every subcontractor
who will perform work under this Agreement, Consultant shall be responsible for such
01203 0001/10118243 3
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subcontractor's compliance with Division 2, Part 7, Chapter 1 ( commencing with Section 1720)
of the California Labor Code, and shall make such compliance a requirement in any contract
with any subcontractor for work under this Agreement. Consultant shall be required to take all
actions necessary to enforce such contractual provisions and ensure subcontractor's compliance,
including without limitation, conducting a review of the certified payroll records of the
subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to
pay his or her workers the specified prevailing rate of wages. Consultant shall diligently take
corrective action to halt or rectify any such failure by any subcontractor.
1.5 Licenses, Permits, Fees and Assessments.
Consultant shall obtain at its sole cost and expense such licenses, permits and approvals
as may be required by law for the performance of the services required by this Agreement.
Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus
applicable penalties and interest, which may be imposed by law and arise from or are necessary
for the Consultant's performance of the services required by this Agreement, and shall
indemnify, defend and hold harmless City, its officers, employees or agents of City, against any
such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City
hereunder.
1.6 Familiarity with Work.
By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly
investigated and considered the scope of services to be performed, (ii) has carefully considered
how the services should be performed, and (iii) fully understands the facilities, difficulties and
restrictions attending performance of the services under this Agreement. If the services involve
work upon any site, Consultant warrants that Consultant has or will investigate the site and is or
will be fully acquainted with the conditions there existing, prior to commencement of services
hereunder. Should the Consultant discover any latent or unknown conditions, which will
materially affect the performance of the services hereunder, Consultant shall immediately inform
the City of such fact and shall not proceed except at Consultant's risk until written instructions
are received from the Contract Officer in the form of a Change Order.
1.7 Care of Work.
The Consultant shall adopt reasonable methods during the life of the Agreement to
furnish continuous protection to the work, and the equipment, materials, papers, documents,
plans, studies and/or other components thereof to prevent losses or damages, and shall be
responsible for all such damages, to persons or property, until acceptance of the work by City,
except such losses or damages as may be caused by City's own negligence.
1.8 Further Responsibilities of Parties.
Both parties agree to use reasonable care and diligence to perform their respective
obligations under this Agreement. Both parties agree to act in good faith to execute all
instruments, prepare all documents and take all actions as may be reasonably necessary to carry
01203.0001/1011824.3 4
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out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible
for the service of the other.
1.9 Additional Services
City shall have the right at any time during the performance of the services, without
invalidating this Agreement, to order extra work beyond that specified in the Scope of Services
or make changes by altering, adding to or deducting from said work. No such extra work may be
undertaken unless a written Change Order is first given by the Contract Officer to the Consultant,
incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra
work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the
written approval of the Consultant.
Any increase in compensation of up to 15% (fifteen percent) of the Contract Sum; or, in
the time to perform of up to 90 (ninety) days, may be approved by the Contract Officer through a
written Change Order. Any greater increases, taken either separately or cumulatively, must be
approved by the City Council. It is expressly understood by Consultant that the provisions of this
Section shall not apply to services specifically set forth in the Scope of Services. Consultant
hereby acknowledges that it accepts the risk that the services to be provided pursuant to the
Scope of Services may be more costly or time consuming than Consultant anticipates and that
Consultant shall not be entitled to additional compensation therefor. City may in its sole and
absolute discretion have similar work done by other Consultants. No claims for an increase in the
Contract Sum or time for performance shall be valid unless the procedures established in this
Section are followed.
If in the performance of the Services, the Consultant becomes aware of material defects
in the Scope of Work, duration, or span of the Services, or the Consultant becomes aware of
extenuating circumstance that will or could prevent the completion of the Services, on time or on
budget, the Consultant shall inform the City's Contract Officer of an anticipated Change Order.
This proposed change order will stipulate the facts surrounding the issue, proposed solutions,
proposed costs, and proposed schedule impacts.
1.10 Special Requirements.
Additional terms and conditions of this Agreement, if any, which are made a part hereof
are set forth in the "Special Requirements" attached hereto as Exhibit "B" and incorporated
herein by this reference. In the event of a conflict between the provisions of Exhibit "B" and any
other provisions of this Agreement, the provisions of Exhibit "B" shall govern.
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the
amounts specified in the "Schedule of Compensation" attached hereto as Exhibit "C" and
incorporated herein by this reference. The total compensation, including reimbursement for
01203.0001/1011824.3 5
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actual expenses, shall not exceed$ 45,000.00 (Forty-Five Thousand Dollars), unless additional
compensation is approved pursuant to Section 1.9.
2.2 Method of Compensation.
(a) The method of compensation may include: (i) a lump sum payment upon
completion; (ii) payment in accordance with specified tasks or the percentage of completion of
the services; (iii) payment for time and materials based upon the Consultant's rates as specified
in the Schedule of Compensation, provided that (a) time estimates are provided for the
performance of sub tasks, and (b) the Contract Sum is not exceeded; or (iv) such other methods
as may be specified in the Schedule of Compensation.
(b) A retention of 10% shall be held from each payment as a contract retention to be
paid as part of the final payment upon satisfactory and timely completion of services. This
retention shall not apply for on-call agreements for continuous services or for agreements for
scheduled routine maintenance of City property or City facilities.
2.3 Reimbursable Expenses.
Compensation may include reimbursement for actual and necessary expenditures for
reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in
advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5,
and only if specified in the Schedule of Compensation. The Contract Sum shall include the
attendance of Consultant at all project meetings reasonably deemed necessary by the City.
Coordination of the performance of the work with City is a critical component of the services. If
Consultant is required to attend additional meetings to facilitate such coordination, Consultant
shall not be entitled to any additional compensation for attending said meetings.
2.4 Invoices.
Each month Consultant shall furnish to City an original invoice, using the City template,
or in a format acceptable to the City, for all work performed and expenses incurred during the
preceding month in a form approved by City's Director of Finance. By submitting an invoice for
payment under this Agreement, Consultant is certifying compliance with all provisions of the
Agreement. The invoice shall detail charges for all necessary and actual expenses by the
following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-
Consultant contracts. Sub-Consultant charges shall also be detailed by such categories.
Consultant shall not invoice City for any duplicate services performed by more than one person.
City shall independently review each invoice submitted by the Consultant to determine
whether the work performed and expenses incurred are in compliance with the provisions of this
Agreement. Except as to any charges for work performed or expenses incurred by Consultant
which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause
Consultant to be paid within 45 (forty-five) days of receipt of Consultant's correct and
undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run
procedures, the City cannot guarantee that payment will occur within this time period. In the
event any charges or expenses are disputed by City, the original invoice shall be returned by City
01203.0001/1011824.3 6
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to Consultant for correction and resubmission. Review and payment by City for any invoice
provided by the Consultant shall not constitute a waiver of any rights or remedies provided
herein or any applicable law.
2.5 Waiver.
Payment to Consultant for work performed pursuant to this Agreement shall not be
deemed to waive any defects in work performed by Consultant.
ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance.
Consultant shall commence the services pursuant to this Agreement upon receipt of a
written notice to proceed and shall perform all services within the time period(s) established in
the "Schedule of Performance" attached hereto as Exhibit "D" and incorporated herein by this
reference. When requested by the Consultant, extensions to the time period(s) specified in the
Schedule of Performance may be approved in writing by the Contract Officer through a Change
Order, but not exceeding 60 (sixty) days cumulatively.
3.3 Force Maieure.
The time period(s) specified in the Schedule of Performance for performance of the
services rendered pursuant to this Agreement shall be extended because of any delays due to
unforeseeable causes beyond the control and without the fault or negligence of the Consultant,
including, but not restricted to, acts of God or of the public enemy, unusually severe weather,
fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes,
wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant
shall within 10 (ten) days of the commencement of such delay notify the Contract Officer in
writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of
delay, and extend the time for performing the services for the period of the enforced delay when
and if in the judgment of the Contract Officer such delay is justified. The Contract Officer's
determination shall be final and conclusive upon the parties to this Agreement. In no event shall
Consultant be entitled to recover damages against the City for any delay in the performance of
this Agreement, however caused, Consultant's sole remedy being extension of the Agreement
pursuant to this Section.
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 (1) year
from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit
"D").
01203.0001/1011824.3 7
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ARTICLE 4. COORDINATION OF WORK
4.1 Representatives and Personnel of Consultant.
The following principals of Consultant ("Principals") are hereby designated as being the
principals and representatives of Consultant authorized to act in its behalf with respect to the
work specified herein and make all decisions in connection therewith:
Melanie Chomchavalit
(Name)
Christopher Lozano
(Name)
Partner/CFO
(Title)
Controller
(Title)
It is expressly understood that the experience, knowledge, capability and reputation of the
foregoing principals were a substantial inducement for City to enter into this Agreement.
Therefore, the foregoing principals shall be responsible during the term of this Agreement for
directing all activities of Consultant and devoting sufficient time to personally supervise the
services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be
under the exclusive direction and control of the Principals. For purposes of this Agreement, the
foregoing Principals may not be replaced nor may their responsibilities be substantially reduced
by Consultant without the express written approval of City. Additionally, Consultant shall utilize
only the personnel included in the Proposal to perform services pursuant to this Agreement.
Consultant shall make every reasonable effort to maintain the stability and continuity of
Consultant's staff and subcontractors, if any, assigned to perform the services required under this
Agreement. Consultant shall notify City of any changes in Consultant's staff and subcontractors,
if any, assigned to perform the services required under this Agreement, prior to and during any
such performance. City shall have the right to approve or reject any proposed replacement
personnel, which approval shall not be unreasonably withheld.
4.2 Status of Consultant.
Consultant shall have no authority to bind City in any manner, or to incur any obligation,
debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless
such authority is expressly conferred under this Agreement or is otherwise expressly conferred in
writing by City. Consultant shall not at any time or in any manner represent that Consultant or
any of Consultant's officers, employees, or agents are in any manner officials, officers,
employees or agents of City. Neither Consultant, nor any of Consultant's officers, employees or
agents, shall obtain any rights to retirement, health care or any other benefits which may
otherwise accrue to City's employees. Consultant expressly waives any claim Consultant may
have to any such rights.
012030001/1011824.3 8
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4.3 Contract Officer.
The Contract Officer shall be Emily Rodin, Recreation Supervisor, or such person as may
be designated by the Parks and Recreation Department Director. It shall be the Consultant's
responsibility to assure that the Contract Officer is kept informed of the progress of the
performance of the services and the Consultant shall refer any decisions which must be made by
City to the Contract Officer. Unless otherwise specified herein, any approval of City required
hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have
authority, if specified in writing by the City Manager, to sign all documents on behalf of the City
required hereunder to carry out the terms of this Agreement.
4.4 Independent Consultant.
Neither the City nor any of its employees shall have any control over the manner, mode
or means by which Consultant, its agents or employees, perform the services required herein,
except as otherwise set forth herein. City shall have no voice in the selection, discharge,
supervision or control of Consultant's employees, servants, representatives or agents, or in fixing
their number, compensation or hours of service. Consultant shall perform all services required
herein as an independent Consultant of City and shall remain at all times as to City a wholly
independent Consultant with only such obligations as are consistent with that role. Consultant
shall not at any time or in any manner represent that it or any of its agents or employees are
agents or employees of City. City shall not in any way or for any purpose become or be deemed
to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any
joint enterprise with Consultant.
4.5 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Consultant, its principals and
employees were a substantial inducement for the City to enter into this Agreement. Therefore,
Consultant shall not contract with any other entity to perform in whole or in part the services
required hereunder without the express written approval of the City; all subcontractors included
in the Proposal are deemed approved. In addition, neither this Agreement nor any interest herein
may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation
of law, whether for the benefit of creditors or otherwise, without the prior written approval of
City. Transfers restricted hereunder shall include the transfer to any person or group of persons
acting in concert of more 25% (twenty five percent) of the present ownership and/or control of
Consultant, taking all transfers into account on a cumulative basis. In the event of any such
unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No
approved transfer shall release the Consultant or any surety of Consultant of any liability
hereunder without the express consent of City.
ARTICLE 5. INSURANCE AND INDEMNIFICATION
5.1 Insurance Coverages.
Without limiting Consultant's indemnification of City, and prior to commencement of
any services under this Agreement, Consultant shall obtain, provide and maintain at its own
01203 0001/10118243 9
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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
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.
0!203.0001/1011824.3
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(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 subcontractors.
(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 and continuously maintain the insurance it deems
necessary and any premium paid by City will be promptly reimbursed by Consultant or City will
withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City
may cancel this Agreement.
( e) Acceptable insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact business of insurance
or that is on the List of Approved Surplus Line Insurers in the State of California, with an
assigned policyholders' Rating of A-(or higher) and Financial Size Category Class VI (or larger)
in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by
the City's Risk Manager.
(t) 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 subcontractors.
(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
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
012030001/1011824.3 11
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by the Consultant. Any available insurance proceeds in excess of the specified minimum limits
of insurance and coverage shall be available to the City.
(i) Notice of cancellation. Consultant agrees to oblige its insurance agent or
broker and insurers to provide to City with a 30 (thirty) day notice of cancellation ( except for
nonpayment for which a 10 (ten) day notice is required) or nonrenewal of coverage for each
required coverage.
G) Additional insured status. General liability policies shall provide or be
endorsed to provide that City and its officers, officials, employees, and agents, and volunteers
shall be additional insureds under such policies. This provision shall also apply to any
excess/umbrella liability policies.
(k) Prohibition of undisclosed coverage limitations. None of the coverages
required herein will be in compliance with these requirements if they include any limiting
endorsement of any kind that has not been first submitted to City and approved of in writing.
(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 subcontractors,
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 90 (ninety) days advance written notice of such change. If such change
results in substantial additional cost to the Consultant, the City and Consultant may renegotiate
Consultant's compensation.
( o) Self-insured retentions. Any self-insured retentions must be declared to
and approved by City. City reserves the right to require that self-insured retentions be eliminated,
lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these
specifications unless approved by City.
(p) Timely notice of claims. Consultant shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from Consultant's performance
under this Agreement, and that involve or may involve coverage under any of the required
liability policies.
0]2030001/1011824.3 12
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(q) Additional insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own judgment may be
necessary for its proper protection and prosecution of the work.
5.3 Indemnification.
To the full extent permitted by law, Consultant agrees to indemnify, defend and hold
harmless the City, its officers, employees and agents ("Indemnified Parties") against, and will
hold and save them and each of them harmless from, any and all actions, either judicial,
administrative, arbitration or regulatory claims, damages to persons or property, losses, costs,
penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein "claims
or liabilities") that may be asserted or claimed by any person, firm or entity arising out of or in
connection with the negligent performance of the work, operations or activities provided herein
of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or
entity for which Consultant is legally liable ("indemnitors"), or arising from Consultant's or
indemnitors' reckless or willful misconduct, or arising from Consultant's or indemnitors'
negligent performance of or failure to perform any term, provision, covenant or condition of this
Agreement, and in connection therewith:
(a) Consultant will defend any action or actions filed in connection with any
of said claims or liabilities and will pay all costs and expenses, including legal costs and
attorneys' fees incurred in connection therewith;
(b) Consultant will promptly pay any judgment rendered against the City, its
officers, agents or employees for any such claims or liabilities arising out of or in connection
with the negligent performance of or failure to perform such work, operations or activities of
Consultant hereunder; and Consultant agrees to save and hold the City, its officers, agents, and
employees harmless therefrom;
( c) In the event the City, its officers, agents or employees is made a party to
any action or proceeding filed or prosecuted against Consultant for such damages or other claims
arising out of or in connection with the negligent performance of or failure to perform the work,
operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers,
agents or employees, any and all costs and expenses incurred by the City, its officers, agents or
employees in such action or proceeding, including but not limited to, legal costs and attorneys'
fees.
Consultant shall incorporate similar indemnity agreements with its subcontractors and if
it fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and
failure of City to monitor compliance with these provisions shall not be a waiver hereof. This
indemnification includes claims or liabilities arising from any negligent or wrongful act, error or
omission, or reckless or willful misconduct of Consultant in the performance of professional
services hereunder. The provisions of this Section do not apply to claims or liabilities occurring
as a result of City's sole negligence or willful acts or omissions, but, to the fullest extent
permitted by law, shall apply to claims and liabilities resulting in part from City's negligence,
except that design professionals' indemnity hereunder shall be limited to claims and liabilities
arising out of the negligence, recklessness or willful misconduct of the design professional. The
01203.0001/1011824.3 13
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indemnity obligation shall be binding on successors and assigns of Consultant and shall survive
termination of this Agreement.
ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records.
Consultant shall keep, and require subcontractors to keep, such ledgers, books of
accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the
disbursements charged to City and services performed hereunder (the "books and records"), as
shall be necessary to perform the services required by this Agreement and enable the Contract
Officer to evaluate the performance of such services. Any and all such documents shall be
maintained in accordance with generally accepted accounting principles and shall be complete
and detailed. The Contract Officer shall have full and free access to such books and records at all
times during normal business hours of City, including the right to inspect, copy, audit and make
records and transcripts from such records. Such records shall be maintained for a period of three
(3) years following completion of the services hereunder, and the City shall have access to such
records in the event any audit is required. In the event of dissolution of Consultant's business,
custody of the books and records may be given to City, and access shall be provided by
Consultant's successor in interest. Notwithstanding the above, the Consultant shall fully
cooperate with the City in providing access to the books and records if a public records request is
made and disclosure is required by law including but not limited to the California Public Records
Act.
6.2 Reports.
Consultant shall periodically prepare and submit to the Contract Officer such reports
concerning the performance of the services required by this Agreement as the Contract Officer
shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost
of work and services to be performed pursuant to this Agreement. For this reason, Consultant
agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that
may or will materially increase or decrease the cost of the work or services contemplated herein
or, if Consultant is providing design services, the cost of the project being designed, Consultant
shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the
estimated increased or decreased cost related thereto and, if Consultant is providing design
services, the estimated increased or decreased cost estimate for the project being designed.
6.3 Ownership of Documents.
All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes,
computer files, reports, records, documents and other materials (the "documents and materials")
prepared by Consultant, its employees, subcontractors and agents in the performance. of this
Agreement shall be the property of City and shall be delivered to City upon request of the
Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim
for further employment or additional compensation as a result of the exercise by City of its full
01203 0001/1011824.3 14
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rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any
use, reuse or assignment of such completed documents for other projects and/or use of
uncompleted documents without specific written authorization by the Consultant will be at the
City's sole risk and without liability to Consultant, and Consultant's guarantee and warranties
shall not extend to such use, reuse or assignment. Consultant may retain copies of such
documents for its own use. Consultant shall have the right to use the concepts embodied therein.
All subcontractors shall provide for assignment to City of any documents or materials prepared
by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify
City for all damages resulting therefrom. Moreover, Consultant with respect to any documents
and materials that may qualify as "works made for hire" as defined in 17 U.S.C. § 101, such
documents and materials are hereby deemed "works made for hire" for the City.
6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in
performance of this Agreement shall be considered confidential, unless such information is in the
public domain or already known to Consultant. Consultant shall not release or disclose any such
information or work product to persons or entities other than City without prior written
authorization from the Contract Officer.
(b) Consultant, its officers, employees, agents or subcontractors, shall not,
without prior written authorization from the Contract Officer or unless requested by the City
Attorney, voluntarily provide documents, declarations, letters of support, testimony at
depositions, response to interrogatories or other information concerning the work performed
under this Agreement. Response to a subpoena or court order shall not be considered "voluntary"
provided Consultant gives City notice of such court order or subpoena.
(c) If Consultant, or any officer, employee, agent or subcontractor of
Consultant, provides any information or work product in violation of this Agreement, then City
shall have the right to reimbursement and indemnity from Consultant for any damages, costs and
fees, including attorney's fees, caused by or incurred as a result of Consultant's conduct.
( d) Consultant shall promptly notify City should Consultant, its officers,
employees, agents or subcontractors be served with any summons, complaint, subpoena, notice
of deposition, request for documents, interrogatories, request for admissions or other discovery
request, court order or subpoena from any party regarding this Agreement and the work
performed there under. City retains the right, but has no obligation, to represent Consultant or be
present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully
with City and to provide City with the opportunity to review any response to discovery requests
provided by Consultant. However, this right to review any such response does not imply or mean
the right by City to control, direct, or rewrite said response.
01203.0001/1011824.3 15
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ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law.
This Agreement shall be interpreted, construed and governed both as to validity and to
performance of the parties in accordance with the laws of the State of California. Legal actions
concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be
instituted in the Superior Court of the County of Los Angeles, State of California, or any other
appropriate court in such county, and Consultant covenants and agrees to submit to the personal
jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District
Court, venue shall lie exclusively in the Central District of California, in the County of Los
Angeles, State of California.
7.2 Disputes; Default.
In the event that Consultant is in default under the terms of this Agreement, the City shall
not have any obligation or duty to continue compensating Consultant for any work performed
after the date of default. Instead, the City may give notice to Consultant of the default and the
reasons for the default. The notice shall include the timeframe in which Consultant may cure the
default. This timeframe is 15 (fifteen) days, but may be extended, though not reduced, if
circumstances warrant. During the period of time that Consultant is in default, the City shall hold
all invoices and shall, when the default is cured, proceed with payment on the invoices. In the
alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding
invoices during the period of default. If Consultant does not cure the default, the City may take
necessary steps to terminate this Agreement under this Article. Any failure on the part of the City
to give notice of the Consultant's default shall not be deemed to result in a waiver of the City's
legal rights or any rights arising out of any provision of this Agreement.
7.3 Retention of Funds.
Consultant hereby authorizes City to deduct from any amount payable to Consultant
(whether or not arising out of this Agreement) (i) any amounts the payment of which may be in
dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or
damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by
reason of Consultant's acts or omissions in performing or failing to perform Consultant's
obligation under this Agreement. In the event that any claim is made by a third party, the amount
or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear
to be the basis for a claim of lien, City may withhold from any payment due, without liability for
interest because of such withholding, an amount sufficient to cover such claim. The failure of
City to exercise such right to deduct or to withhold shall not, however, affect the obligations of
the Consultant to insure, indemnify, and protect City as elsewhere provided herein.
7.4 Waiver.
Waiver by any party to this Agreement of any term, condition, or covenant of this
Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any
party of any breach of the provisions of this Agreement shall not constitute a waiver of any other
01203.0001/10118243 16
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provision or a waiver of any subsequent breach or violation of any provision of this Agreement.
Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of
the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by
a non-defaulting party on any default shall impair such right or remedy or be construed as a
waiver. Any waiver by either party of any default must be in writing and shall not be a waiver of
any other default concerning the same or any other provision of this Agreement.
7.5 Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in this
Agreement, the rights and remedies of the parties are cumulative and the exercise by either party
of one or more of such rights or remedies shall not preclude the exercise by it, at the same or
different times, of any other rights or remedies for the same default or any other default by the
other party.
7.6 Legal Action.
In addition to any other rights or remedies, either party may take legal action, in law or in
equity, to cure, correct or remedy any default, to recover damages for any default, to compel
specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain
any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary
provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections
905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement.
7.7 Termination Prior to Expiration of Term.
This Section shall govern any termination of this Contract except as specifically provided
in the following Section for termination for cause. The City reserves the right to terminate this
Contract at any time, with or without cause, upon thirty (30) days' written notice to Consultant,
except that where termination is due to the fault of the Consultant, the period of notice may be
such shorter time as may be determined by the Contract Officer. Upon receipt of any notice of
termination, Consultant shall immediately cease all services hereunder except such as may be
specifically approved by the Contract Officer. Consultant shall be entitled to compensation for
all services rendered prior to the effective date of the notice of termination and for any services
authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation
or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the
event of termination without cause pursuant to this Section, the City need not provide the
Consultant with the opportunity to cure pursuant to Section 7.2.
7.8 Termination for Default of Party.
If termination is due to the failure of the other Party to fulfill its obligations under this
Agreement:
(a) City may, after compliance with the provisions of Section 7.2, take over the work
and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable
to the extent that the total cost for completion of the services required hereunder exceeds the
01203.0001/10118243 17
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compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate
such damages), and City may withhold any payments to the Consultant for the purpose of set-off
or partial payment of the amounts owed the City as previously stated.
(b) Consultant may, after compliance with the provisions of Section 7 .2, terminate the
Agreement upon written notice to the City's Contract Officer. Consultant shall be entitled to
payment for all work performed up to the date of termination.
7.9 Attorneys' Fees.
If either party to this Agreement is required to initiate or defend or made a party to any
action or proceeding in any way connected with this Agreement, the prevailing party in such
action or proceeding, in addition to any other relief which may be granted, whether legal or
equitable, shall be entitled to reasonable attorney's fees. Attorney's fees shall include attorney's
fees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other
reasonable costs for investigating such action, taking depositions and discovery and all other
necessary costs the court allows which are incurred in such litigation. All such fees shall be
deemed to have accrued on commencement of such action and shall be enforceable whether or
not such action is prosecuted to judgment.
ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees.
No officer or employee of the City shall be personally liable to the Consultant, or any
successor in interest, in the event of any default or breach by the City or for any amount which
may become due to the Consultant or to its successor, or for breach of any obligation of the
terms of this Agreement.
8.2 Conflict of Interest.
Consultant covenants that neither it, nor any officer or principal of its firm, has or shall
acquire any interest, directly or indirectly, which would conflict in any manner with the interests
of City or which would in any way hinder Consultant's performance of services under this
Agreement. Consultant further covenants that in the performance of this Agreement, no person
having any such interest shall be employed by it as an officer, employee, agent or subcontractor
without the express written consent of the Contract Officer. Consultant agrees to at all times
avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City
in the performance of this Agreement.
No officer or employee of the City shall have any financial interest, direct or indirect, in
this Agreement nor shall any such officer or employee participate in any decision relating to the
Agreement which affects her/his financial interest or the financial interest of any corporation,
partnership or association in which (s)he is, directly or indirectly, interested, in violation of any
State statute or regulation. The Consultant warrants that it has not paid or given and will not pay
or give any third party any money or other consideration for obtaining this Agreement.
01203 0001/10118243 18
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8.3 Covenant Against Discrimination.
Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons
claiming under or through them, that there shall be no discrimination against or segregation of,
any person or group of persons on account of race, color, creed, religion, sex, gender, sexual
orientation, marital status, national origin, ancestry or other protected class in the performance of
this Agreement. Consultant shall take affirmative action to insure that applicants are employed
and that employees are treated during employment without regard to their race, color, creed,
religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other
protected class.
8.4 Unauthorized Aliens.
Consultant hereby promises and agrees to comply with all of the provisions of the Federal
Immigration and Nationality Act, 8 U.S.C. § 1101 et seq., as amended, and in connection
therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ
such unauthorized aliens for the performance of work and/or services covered by this
Agreement, and should any liability or sanctions be imposed against City for such use of
unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such
liabilities or sanctions imposed, together with any and all costs, including attorneys' fees,
incurred by City.
ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Notices.
Any notice, demand, request, document, consent, approval, or communication either
party desires or is required to give to the other party or any other person shall be in writing and
either served personally or sent by prepaid, first-class mail, in the case of the City, to the City
Manager and to the attention of the Contract Officer (with her/his name and City title), City of
Rancho Palos Verdes, 30940 Hawthorne Blvd., Rancho Palos Verdes, California 90275 and in
the case of the Consultant, to the person(s) at the address designated on the execution page of
this Agreement. Either party may change its address by notifying the other party of the change of
address in writing. Notice shall be deemed communicated at the time personally delivered or in
72 ( seventy two) hours from the time of mailing if mailed as provided in this section.
9.2 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the
language used and shall not be construed for or against either party by reason of the authorship
of this Agreement or any other rule of construction which might otherwise apply.
9.3 Conn terparts.
01203.0001/1011824.3 19
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This Agreement may be executed in counterparts, each of which shall be deemed to be an
original, and such counterparts shall constitute one and the same instrument.
9.4 Integration; Amendment.
This Agreement including the attachments hereto is the entire, complete and exclusive
expression of the understanding of the parties. It is understood that there are no oral agreements
between the parties hereto affecting this Agreement and this Agreement supersedes and cancels
any and all previous negotiations, arrangements, agreements and understandings, if any, between
the parties, and none shall be used to interpret this Agreement. No amendment to or modification
of this Agreement shall be valid unless made in writing and approved by the Consultant and by
the City Council. The parties agree that this requirement for written modifications cannot be
waived and that any attempted waiver shall be void.
9.5 Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or
sections contained in this Agreement shall be declared invalid or unenforceable by a valid
judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall
not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this
Agreement which are hereby declared as severable and shall be interpreted to carry out the intent
of the parties hereunder unless the invalid provision is so material that its invalidity deprives
either party of the basic benefit of their bargain or renders this Agreement meaningless.
9.6 Warranty & Representation of Non-Collusion.
No official, officer, or employee of City has any financial interest, direct or indirect, in
this Agreement, nor shall any official, officer, or employee of City participate in any decision
relating to this Agreement which may affect his/her financial interest or the financial interest of
any corporation, partnership, or association in which (s)he is directly or indirectly interested, or
in violation of any corporation, partnership, or association in which (s)he is directly or indirectly
interested, or in violation of any State or municipal statute or regulation. The determination of
"financial interest" shall be consistent with State law and shall not include interests found to be
"remote" or "noninterests" pursuant to Government Code Sections 1091 or 1091.5. Consultant
warrants and represents that it has not paid or given, and will not pay or give, to any third party
including, but not limited to, any City official, officer, or employee, any money, consideration,
or other thing of value as a result or consequence of obtaining or being awarded any agreement.
Consultant further warrants and represents that (s)he/it has not engaged in any act(s),
omission(s), or other conduct or collusion that would result in the payment of any money,
consideration, or other thing of value to any third party including, but not limited to, any City
official, officer, or employee, as a result of consequence of obtaining or being awarded any
agreement. Consultant is aware of and understands that any such act(s), omission(s) or other
conduct resulting in such payment of money, consideration, or other thing of value will render
this Agreement void and of no force or effect.
Consultant's Authorized Initials 7tt C CL
01203.0001/1011824.3 20
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9.7 Corporate Authority.
The persons executing this Agreement on behalf of the parties hereto warrant that (i) such
party is duly organized and existing, (ii) they are duly authorized to execute and deliver this
Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally
bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not
violate any provision of any other Agreement to which said party is bound. This Agreement shall
be binding upon the heirs, executors, administrators, successors and assigns of the parties.
[SIGNATURES ON FOLLOWING PAGE]
012030001/1011824.3 21
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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
Elena Q. Gerli, City Attorney
CITY:
CITY OF RANCHO PALOS VERDES, a
municipal corporation
John Cruikshank, Mayor
CONSULTANT:
SHOW READY INC., a California Corporation
By: ______________ _
Name: Melanie Chomchavalit
Title: Partner/CFO
By: ______________ _
Name: Christopher Lozano
Title: Controller
Address: 15362 Graham Street, Huntington Beach
CA, 92649
Two corporate officer signatures required when Consultant is a corporation, with one signature required
from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2)
Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULT ANT'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.
012030001/1011824.3 22
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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 ____ , 2024 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 LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER -------------
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
01203.0001/1011824.3
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DA TE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
A-24
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 , 2024 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.
CAP A CITY CLAIMED BY SIGNER
0 INDIVIDUAL
0 CORPORA TE OFFICER
□
□
□
□
□
□
TITLE(S)
PARTNER(S) 0 LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER -------------
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
01203.0001/10118243
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DA TE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
A-25
EXHIBIT "A"
SCOPE OF SERVICES
I. Consultant will perform the following services to fabricate and install exhibits for the
PVIC:
A. Design, render and fabricate the "whale wall" curved panels and curved vinyl
graphic, the "acrylic whales, dolphins and wall title" as well as the information
counter, and "our ocean our friend" wall panels and vinyl graphic.
B. Complete the installation of the PVIC Exhibit pieces by shipping and delivering the
exhibits to the PVIC and installing the exhibits.
II. As part of the Services, Consultant will prepare and deliver the following tangible work
products to the City:
A. Renderings of Exhibits
B. Matte white laminate "Whale Wall"
a. 1 lot of five 5 panels for the curved wall panels.
b. 165 sq. foot curved wall vinyl graphic.
c. Wall Size: Approx. 16' W. x 10' H. x 3" D.
d. Vinyl Size: 16.5' W. x 10' H.
C. "Acrylic whales, dolphins, and wall title"
a. 1 lot of 12 exhibits.
b. Size: various x 1/4" thick.
D. "Informational Counter"
a. One information counter with the approx. size of 16' W. x 30" H. x 23.5"
D.
E. "Our Ocean Our Friend"
a. 1 lot of two panels
b. Size: 6' W. x 8' H. x 3" D.
c. 1 forty eight sq. foot Vinyl Graphic
III. In addition to the requirements of Section 6.2, during performance of the Services,
Consultant will keep the City appraised of the status of performance by delivering
periodic status reports and any reports as requested by the City.
012030001/1011824.3 A-1
A-26
IV. All work product is subject to review and acceptance by the City, and must be revised by
the Consultant without additional charge to the City until found satisfactory and accepted
by City.
V. Consultant will utilize the following personnel to accomplish the Services:
A. Michael Kuehn
01203 0001/1011824.3 A-2
A-27
EXHIBIT "B"
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
Added text indicated in bold italics, deleted text indicated in strikethrough.
Section 2.4 is amended to read:
2.4 Invoices.
Consultant shall furnish to City invoices in accordance with the terms of Exhibit "C".
Each month Consultant shall furnish to City an original invoice, using the City template, or in a
format acceptable to the City, for all work performed and expenses incurred during the preceding
month in a form approved by City's Director of Finance. By submitting an invoice for payment
under this Agreement, Consultant is ce1tifying compliance with all provisions of the Agreement.
The invoice shall detail charges for all necessary and actual expenses by the following
categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-Consultant
contracts. Sub-Consultant charges shall also be detailed by such categories. Consultant shall not
invoice City for any duplicate services performed by more than one person.
City shall independently review each invoice submitted by the Consultant to determine
whether the work performed and expenses incurred are in compliance with the provisions of this
Agreement. Except as to any charges for work performed or expenses incurred by Consultant
which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause
Consultant to be paid within 4 5 (forty five) days of in accordance with the terms listed in
Exhibit "C" and after the receipt of Consultant's correct and undisputed invoice; however,
Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot
guarantee that payment will occur within this time period. In the event any charges or expenses
are disputed by City, the original invoice shall be returned by City to Consultant for correction
and resubmission. Review and payment by City for any invoice provided by the Consultant shall
not constitute a waiver of any rights or remedies provided herein or any applicable law.
Section 5.1 is amended to read:
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.
01203.0001/1011824.3 B-1
A-28
Section 2.2 is amended to read:
2.2 Method of Compensation.
(a) The method of compensation may include: (i) a lump sum payment upon
completion; (ii) payment in accordance with specified tasks or the percentage of completion of
the services; (iii) payment for time and materials based upon the Consultant's rates as specified
in the Schedule of Compensation, provided that (a) time estimates are provided for the
performance of sub tasks, and (b) the Contract Sum is not exceeded; or (iv) such other methods
as may be specified in the Schedule of Compensation.
(b) A retention of 10% shall be held from each payment as a contract retention to be
paid as part of the final payment upon satisfactory and timely completion of services. This
retention shall not apply for on call agreements for continuous services or for agreements for
scheduled routine maintenance of City property or City facilities.
01203.0001/1011824.3 B-2
A-29
EXHIBIT "C"
SCHEDULE OF COMPENSATION
I. Consultant shall perform the following tasks at the following rates and shall not
exceed the total cost amount of $45,000:
A. Fixed Firm Fabrication Budget: A 65% deposit shall be due at the time of the
signed agreement to initiate production and 35% of the cost balance shall be
due prior to outbound shipment.
CITY OF RPV: PVIC -WHALE & OCOF WALLS -FABRICATION
A. DESIGN SERVICES
• Includes design labor to produce renderings for fabrication
• Price is based on (23.25) actual hours as of 5/29/24 and an
anticipated (6) hours for "Our Ocean Our Friend" revisions
• Final invoice will reflect actual hours used
WHALE WALL
B. CURVED WALL PANELS
Qty: One ( 1) lot of five (5) panels
Size: Approx. 16' W. x 10' H. x 3" D.
Finish: Matte white laminate
Fasten: Mechanical
Notes: 1. Includes (2) workers to template facility wall for measurements
& shape
1 4,388.00 4,388.00T
1 7,08550 7,085.50T
2. Panels to be standard wood construction and fasten to facility wall
3. Any pre construction or electrical work to be completed by others
C. CURVED WALL VINYL GRAPHICS
Qty: One hundred sixty five (165) sq. ft.
Size: 16.5' W. x 10' H.
Finish: Inkjet on vinyl w/ overlam
Fasten: Direct apply
.... Notes: 1. Includes l1'l 9t~~i 91,11ri~ting, 911~ flJ)pli~.1ti(')n ()f flllJJr 9p~ics
PROJECT TERMS AND CONDITIONS
* THIS IS A FIXED FIRM AGREEMENT
• PAYMENT DUE PER TERMS LISTED HEREIN
Accepted bv Date Show Re;idy Date
[continued on next page]
01203.0001/1011824.3 C-1
1,980.00 'I,980.00T
Subtotal
Sales Tax (9.5%)
Total
A-30
Description
D. ACRYLIC WHALES, DOLPHINS, AND WALL TITLE
Qty: One ( 1) lot of twelve ( 12)
Size: Various x ·1/4" thick
Finish: Second surface printed vinyl on '1/4" clear acrylic
Fasten: Standoffs
Notes: 1. Whale images to be printed on vinyl and reverse mounted to back
of ·J/4" clear acrylic
2. Acrylic whales to be mounted to wall using 1" standoffs
3. ''Whales and Dolphins (Cetaceans) Seen Off Point Vicente" to be
milled in ·J /4" black sintra w/ white laminate face & mounted directly
to wall
E. INFO COUNTER
Qty: One {1)
Size: Approx. "16' W. x 30" H. x 23.5" D.
Finish: Matte white laminate, inkjet on vinyl
Fasten: Mechanical
Notes: ·1. Counter to be curved to match radius of backwall and laminated w
2. Counter includes locking doors for storage
3. Angled face to be printed vinyl with rounded corners
OUR OCEAN OUR FRIEND
F1. WALL PANELS
Qty: One (1) lot of two (2) panels
Size: 6' W. x 8' H. x 3" D.
Finish: Matte white laminate
Fasten: Mechanical
Notes: ·1. Includes (2) workers to template facility wall for measurements
& shape
2. P<1nels to be standard wood construction and fasten to facility wall
3. Any pre construction or electrical work to be completed by others
F2. VINYL GRAPHICS
Qty: Forty eight (48) sq. ft
Size: 6' W. x 8' H.
Finish: Inkjet on vinyl w.l overbm
Fasten: Direct apply
Notes: ·1. Includes material, printing, and application of all graphics
G. PACKING MATERIALS
• Includes all necessary packing and shipping materials
H. PREP TO SHIP
• Includes shop labor to prep, inventory, and pack exhibit properties for
outbound shipment
[continued on next page]
01203.0001/1011824.3 C-2
' ..
Qty Rate Amount
1 6,210.00 6,210.00T
1 7,845.00 7,845.00T
hite
2,244.00 2,244.00T
616.00 616.00T
323.00 323.00T
720.00 720.00T
A-31
Description
I. LOAD TRUCK
• Includes warehouse labor to load exhibit properties onto truck and complete
necessary documentation papef\vork
• Exhibit properties not returning to Show Ready
• Does not include shipping
TERMS:
• Signed agreement and 65% Deposit in the amount of $22,406.96 due to initiate
production
• 35% Balance due prior to outbound shipment
• Requires a (4) week production lead-time, once agreement is signed and deposit
is received
• In the event of project cancellation, Show Ready, Inc. will invoice client for all
services rendered as of the date of cancellation. Balance payment (less all
deposits received) or credit balance will be due/issued net 10 days upon
cancellation final invoice date.
-·············------
PROJECT TERMS AND CONDITIONS:
Qty
Subtotal
* THIS IS A FIXED FIRM AGREEMENT
Rate
70.00
• PAYMENT DUE PER TERMS LISTED HEREIN
Accepted byDate Sho'.\" Ready Date
Sales Tax (9.5%)
Total
Amount
7000T
$31,481.50
$2,990.74
$34,472.24
-----------------
[continued on next page]
01203.0001/1011824.3 C-3
A-32
B. I&D Logistics Time & Materials Estimated Budget: A 65% deposit shall be
due at the time of the signed agreement to initiate services and a final invoice
reflecting actual costs will be submitted approximately thirty (30) days post
completion of installation with the balance payment due net 10 days upon receipt of
invoice.
Description Qty Cost Total
CITY OF RPV: PVIC -WHALE & OCOF WALLS -l&D TIME & MATERIALS
------------------------
INSTALLATION
-----------------------
A. DELIVERY 1 250.00 250.00T
• Includes Show Ready truck usage and fuel costs to deliver properties to:
Point Vicente Interpretive Center
3150·1 Palos Verdes Dr W
Rancho Palos Verdes, CA 90275
B. TRAVEL TIME 1 1,350.00 1,350.00
• Includes roundtrip tmvel time for (2) installers for (3) days from
Huntington Beach, CA to RPV, CA
C INSTALLATION LABOR 1 4,590.00 4,590.00
• Includes (2) workers for three (3) days @ (8) hours/day to unload and install
D. TRAVEL EXPENSES 1 342.00 342.00T
* Includes the following travel expenses for (2) installers and ( 1) supervisor:
• Roundtrip mileage from Huntington Beach, CA to RPV, CA
[continued on next page]
01203.0001/10118243 C-4
A-33
Description Qty Cost Total
• Quoted installation labor breakdown:
ST = Mon-Fri: 7:00 AM -3:30 PM
OT = Any hours over 8 consecutive hours worked;
Weekday off hours;
Saturday: 0-8 hrs
OT = Mon-Fri: Any hours over 12 consecutive hours;
Saturday: Over 8 hrs;
Sunday: all hours worked
TERMS:
* Signed Agreement and 65% Deposit required in order to initiate production
* This is a time and materials estimated order and as such is subject to change
upon issuance of itemized final invoice of actual charges.
• A final invoice reflecting actual costs will be submitted approx. (30) days post
event with balance payment due net 10 days upon receipt of invoice
• In the event of project cancellation, Show Ready, Inc. will invoice client for all
services rendered as of the date of cancellation. Balance payment (less all
deposits received) or credit balance will be due/issued net 10 days upon
cancellation final invoice date.
TER1v!S: This is a TIME and!vUTERIALS SALES AGREElv!E"\/1. all acnial charges to
be billed upon completion of project on FINAL INVOICE. Estimate $6,532.00
Sales Tax (9.5%) $56.24
Total Estimate $6,588.24
Accepted by/Date Show Ready. Date
II. Within the budgeted amounts for each Task, and with the approval of the Contract
Officer, funds may be shifted from one Task sub budget to another so long as the
Contract Sum is not exceeded per Section 2.1, unless Additional Services are
approved per Section 1.9.
III. The City will compensate Consultant for the Services performed upon submission of
a valid invoice. The final invoice is to include:
A. Line items for all personnel describing the work performed, the number of hours
worked, and the hourly rate.
B. Line items for all materials and equipment properly charged to the Services.
C. Line items for all other approved reimbursable expenses claimed, with supporting
documentation.
D. Line items for all approved subcontractor labor, supplies, equipment, materials,
and travel properly charged to the Services.
01203_000111011s24.3 C-5
A-34
IV. The total compensation for the Services shall not exceed the Contract Sum as
provided in Section 2.1 of this Agreement.
V. The Consultant's billing rates for all personnel are attached as Exhibit C-1. NOT
APPLICABLE.
01203.0001/1011824.3 C-6
A-35
EXHIBIT "D
SCHEDULE OF PERFORMANCE
I. Consultant shall perform all services timely in accordance with the following
schedule:
Tasks Deadline Date
1. On Site Templating@ September 10, 2024
PVIC
2. Engineering September 11, 2024
3. Engineering drawings September 18, 2024
submitted to PVIC for
approval
4. Drawing Approvals September 20, 2024
5. Fabrication Begins September 23, 2024
6. Graphics October 7, 2024
7. Begin Packing Exhibits October 16, 2024
8. Load Truck for Shipment October 18, 2024
9. Install Exhibits at PVIC October 21, 2024
10. Complete Installation October 24, 2024
II. Consultant shall deliver the following tangible work products to the City by the
following dates.
A. Engineering Drawings by September 18, 2024
B. Consultant shall ship all completed exhibits ready for installation within 4
weeks from the approval date.
III. The Contract Officer may approve extensions for performance of the services in
accordance with Section 3.2. Any further extensions require City Council approval.
01203.0001/1011824.3 D-1
A-36
I
Subject: FW: Response to Mayor Cruikshank's question on prevailing wage
From: Catherine Jun <cjun@rpvca.gov>
Sent: Wednesday, August 28, 2024 5:13 PM
To: Ara Mihranian <AraM@rpvca.gov>
Subject: FW: Response to Mayor Cruikshank's question on prevailing wage
Dear City Council -
At the August 20 Council meeting, PVPUSD Superintendent, Devin Serrano, provided an overview of the Classroom
Repair/Student Safety Bond Measure as part of ?lg~nda item 3. During discussion, Mayor Cruikshank asked if any
bond funded improvement projects will be subject to prevailing wage, and Ms. Serrano has confirmed that they will
be and provided more details below.
Please note that this item was continued to the September 3 meeting, which is available he.re.
If you have any follow up questions, please send them to me or email Ms. Serrano directly at
serranod@pvpusd.net. Thank you very much.
Catherine
From: Devin Serrano <serranod@pvpusd.net>
Sent: Wednesday, August 28, 2024 3:05 PM
To: Ara Mihranian <AraM@rpvca.gov>; Catherine Jun <cjun@rpvca.gov>
Subject: Response to Mayor Cruikshank's question on prevailing wage
Dear Ara and Catherine,
Please see response. Thank you for your support in sharing this with the Mayor and City Council
Members.
To: Mayor John Cruikshank and City Council Members, Rancho Palos Verdes, CA
From: Superintendent, Dr. Devin Serrano, Palos Verdes Peninsula Unified School District
Date: August 28, 2024
Re: Follow up from RPV City Council Meeting on August 8, 2024, Mayor Cruikshank's question on
prevailing wage adherence
Response:
All workers employed on public works projects must be paid the prevailing wage determined by the
Director of the Department of Industrial Relations (DIR), according to the type of work and location of the
project.
Public works in general means:
1
• Construction, alteration, demolition, installation, or repair work done under contract and
paid in whole or in part out of public funds.
• It can include preconstruction and post-construction activities related to a public works
project.
• For a full definition of public works refer to Labor_Code section 17_2Q.
Anyone working on a public works project must be paid prevailing wages as determined by DIR. Projects
of $30,000 or more must meet DI R's apprenticeship requirements. Failure to comply with public works
requirements can result in civil penalties, criminal prosecution, or both.
In California, school districts are required to pay prevailing wage rates on public works projects as
mandated by the California Labor Code. Prevailing wage is the hourly wage, benefits, and overtime paid
to the majority of workers in a particular area, as determined by the California Department of Industrial
Relations (DIR) based on surveys of wages in the local construction industry. School districts must
comply with prevailing wage laws when undertaking public works projects that exceed a certain dollar
threshold, currently set at $1,000. This means that contractors and subcontractors hired to work on
these projects must pay their workers no less than the prevailing wage rates established for the specific
trade or occupation in the locality where the project is located.
It is important to note that prevailing wage laws do not require school districts to be part of a union or to
hire only union contractors. However, unionized contractors may have collective bargaining agreements
that already specify prevailing wage rates, making it easier for them to comply with the prevailing wage
requirements. Non-union contractors are also able to bid on and work on public works projects in
California, but they must still pay their workers the prevailing wage rates set by the state.
Overall, the prevailing wage laws in California are intended to ensure that workers on public works
projects are paid fair wages and benefits comparable to industry standards, regardless of whether they
are affiliated with a union or not. Our trade staff does a lot of maintenance and repair and is represented
by CSEA Chapter 123.
In partnership,
Devin Serrano, Ph.D.
Superintendent of Schools
Palos Verdes Peninsula Unified School District
2
From:
Sent:
To:
Subject:
Dear Council members,
Bistra Dilkina <bdilkina@gmail.com>
Tuesday, September 3, 2024 1 :40 PM
CityClerk
9/3 City Council Meeting Comment: Regular Business Item 2 School Bond
I have been an RPV resident since 2020 and I would like to ask the City Council to support the PVPUSD
bond measure (Measure SOS).
This bond is necessary to restore the quality of our schools. Our council should advocate on behalf of our
kids, our community, and our future. Our school facilities are in dire need of basic features and might
soon become unsafe. The bond measure would ensure that our tax dollars will be used in our city for our
schools, instead of other cities or even other states.
regards,
Bistra Dilkina
1
From:
Sent:
To:
Subject:
Hello,
Carlos Tadeo Ortega Otero <tadeoman@gmail.com>
Tuesday, September 3, 2024 1 :34 PM
CityClerk
9/3 City Council Meeting Comment: Regular Business Item 2 School Bond
I have been an RPV resident since 2020 and I would like to ask the City Council to support the PVPUSD
bond measure. (Measure SOS)
This bond is necessary to restore the quality of our schools. Our council should advocate on behalf of our
kids, our community and our future. Our school facilities are in dire needs of the basic features and
might soon become unsafe.Our tax dollars will be used in our city instead of other communities or even
other states.
The cost, while not negligible, will be minor (I hear average $25/month for the typical homeowner) in
comparison to the huge investment.
Thank you,
Respectfully yours,
-RPV resident that loves our community
1
From:
Sent:
To:
Subject:
Mike Yang <mikeyang77@gmail.com>
Tuesday, September 3, 2024 11 :38 AM
CityClerk
9/3 City Council Meeting Comment -Regular Business Item 2 School Bond
Dear Members of the City Council,
We are writing to express our strong support for the city's proposed resolution backing the PVPUSD
school bond measure. I grew up in RPV (near Hesse Park) and we are currently residents at
Oceanfront Estates. As members of our community, we believe this measure is essential for
ensuring our schools provide a safe, sanitary, and effective learning environment for all students.
This bond measure is aimed at addressing only critical needs, such as repairing aging facilities and
improving safety measures, including meeting basic seismic standards. By investing in our schools,
we are not only supporting our students' education but also protecting property values and the long-
term vitality of our community.
Our schools are truly at a breaking point -if this bond measure does not pass, I am confident that one
or more schools will be forced to close, which will create traffic congestion, over crowded classrooms,
decline in academic performance and ultimately lower property values (especially in areas near the
closed school).
We respectfully urge you to pass this resolution in support of the PVPUSD school bond measure and
demonstrate our city's commitment to the future of our children and the strength of our community.
Thank you for your consideration.
Mike and Sharon Yang
1
From:
Sent:
To:
Subject:
Kris Bernhardt <kris.bernhardt9@gmail.com>
Tuesday, September 3, 2024 10:06 AM
CityClerk
9/3 City Council Meeting Comment: Regular Business Item 2 School Bond
I urge the RPV City Council to endorse the school bond measure that was unanimously approved by the
PVPUSD Board of Education. Our schools are in urgent need of repair, and they are an extremely
important asset for our community. A major reason people move to the Peninsula is the quality of our
schools, and as the schools go, so go our property values -thus the bond benefits all community
members, whether or not they have children currently in school. We must upgrade the facilities not only
to maintain our reputation as a top school district, but -more importantly-for the safety of all
students. Please support this measure for the good of our community.
Thank you.
l<ris Bernhardt
1
From:
Sent:
To:
James and Elaine Yang <jameselaineyang@yahoo.com>
Tuesday, September 3, 2024 8:56 AM
CityClerk
Subject: 9/3 City Council Meeting Comment -Regular Business Item 2 PVPUSD Bond Measure
Some people who received this message don't often get email from jameselaineyang@yahoo.com. Learn why this is important
RPV City Council,
We moved to RPV 50 years ago and raised our 3 boys here because of the strength
of the public schools. We believe that a strong school district is the foundation for a
strong community and home values. Two of our sons are doctors and one is a
lawyer -we strongly believe the District provided the necessary foundation for their
success. One of our sons moved back to PV in 2018 and his kids attend PVIS. It is
a joy to see his family and so many of his childhood friends as well as our friends'
kids return to PV to raise their families, be educators and be part of this tight knit
community, largely because of the schools. At the same time, it is shocking to see
the state of the school facilities that in many instances have not changed since our
kids were attending school in the 1980s. They are literally falling apart, a safety
hazard (God forbid there's a large earthquake during school hours) and are
completely unsanitary.
We fully support passing this very reasonable bond measure for the upcoming
election and hope the RPV City Council can UNANIMOUSLY come together to
support our schools and kids with a resolution to support this necessary bond.
Sincerely,
James and Elaine Yang
1 J.
Subject: FW: Council Meeting On 9/3/24; PVPUSD Bond Measure-Item #2 School Bond Measure
From: Mickey Radich <mickeyrodich@gmail.com>
Sent: Monday, September 2, 2024 6:06 PM
To: CC <CC@rpvca.gov>
Subject: Council Meeting On 9/3/24; PVPUSD Bond Measure-Item #2 School Bond Measure
As I mentioned in my email for the previous City Council meeting of
August 20,2024, I don't think our City Council should take a position
on the PVPUSD Bond Measure.
I take exception to the Staff Report stating "Per the District, the
Measure would cost $29 per $100,000 of assessed property value
(not market value), which is approximately $300 annually for the
typical homeowner". That is not correct because the interest on the
Bond is not included in your estimate. The Bond document states that
when interest is included the cost per $100,000 of assessed valuation
will be around $53 per $100,000 of assessed property value. At that
rate the tax would be approximately $600 per typical homeowner.
How was the approximate $300 or $600 per typical homeowner
calculated anyway? If your home is under Proposition #13, your
annual tax would be much lower than anyone that purchased their
home afterward, while those that purchased their homes during the
last 10 years would have the highest tax rate, say in the thousands of
dollars. And seniors cannot opt out of this tax increase either.
As individuals, our Council can express any personal opinion they
wish.
1
Subject: FW: 9/3 City Council Meeting Item 2-School Bond
From: Jenny Chen <jennychensoprano@gmail.com>
Sent: Saturday, August 31, 2024 11:55 PM
To: CityClerk <CityClerk@rpvca.gov>
Subject: 9/3 City Council Meeting Item 2-School Bond
Some people who received this message don't often get email from jennychensoprano@gmail.com. Learn
why this is important
Dear City Council,
Please support the PVPUSD bond measure because many PV schools are too old and
unsafe and we need the funds to fix the facilities. Our public schools are an essential part
of the City. Fixing its facilities will help the children thrive, provide activity hubs for your
residents, and contribute positively to the vitality of our community. Please vote "yes" today.
Sincerely,
Jenny Chen (Parent and Resident)
1
From:
Sent:
To:
Subject:
Judy Chang <judyj_kim@yahoo.com>
Tuesday, September 3, 2024 3:33 PM
CityClerk
9/3 City Council Meeting Comment-Reg. Bus. Item 2 School Bond
[Some people who received this message don't often get email from judy_j_kim@yahoo.com. Learn why this is
important at https://aka.ms/LearnAboutSenderldentification]
EXTERNAL EMAIL: Do not click links or open any attachments unless you recognize the sender and know the content is
safe!!!.
Please confirm receipt of this email
Council Members,
Please support PV school bond, MEASURE SOS, which will fund fixes and upgrades of our deteriorating buildings to bring
them up to code and make them safe for our children. You've seen in the reports that our District's rate is the second
lowest in our area, and amount to only 1/4 or 1/5 of neighboring and competitive schools Districts. It has been too long
since our residents passed a bond (19 years), and an endorsement from City Council will influence our residents to
support as well.
Supporting schools is supporting our city. Our school system is the fabric of our community and the# 1 reason why new
residents are drawn here. It is the exact reason my family moved in 9 years ago and the same reason for the newer and
younger families with school-aged children moving in. It is what's driving the housing market. Unfortunately the
schools' aging buildings, unsafe conditions, leaking rooves, flooded locker rooms, poor plumbing and electricals,
outdated labs have been ignored too long. A new neighbor of mine who recently moved from Palo Alto, and another
from La Canada were appalled by these subpar conditions and wondered why our community had let things get this far.
During some of the middle school sports events on campus last spring I've heard the visiting team's parents comment
"Have you seen the bathroom? I just can't go in there." Similar observations apply to the condition of our older gyms
and pools.
By the time this bond is passed, money trickles in, and uprades are completed my kids will have graduated and no longer
occupy these buildings. Some ask "So will the bond benefit me?" Absolutely! It is a great investment in our community
for a small price.
Sent from my iPhone
1
From:
Sent:
To:
Subject:
Good Afternoon City Council:
Jenay Michou Rouimi <jenaymichou@gmail.com>
Thursday, August 29, 2024 2:40 PM
CityClerk
9/03 city council meeting comment: regular business item 2 school bond
I am writing to ask the RPV City Council to support the PVPUSD bond measure. The decision to pursue
this bond was a unanimous decision by the PVPUSD school board members, and in order to support our
students, the residents of RPV need to be aware of the dire situations currently affecting our facilities.
As a graduate of the PVPUSD, and a member of the first graduating class of Peninsula High School,
I hope that our current students never have to experience the closure of one or more campuses. But
that is exactly what we are looking at, as our schools (all built between 1960-1965) are falling apart at a
rapidly accelerating rate. With the last bond passed in 2005, and the current model of funding school
districts in California working against us, there is no way for the PVPUSD to undertake any of the
necessary upgrades. These are not pie in the sky ideas, like a marine biology lab, these are basic safety
needs. Earthquake retrofitting of the many buildings rated as "dangerous", ensuring our schools have
working electrical systems, fire sprinklers, basic plumbing upgrades, roofs, and making sure our schools
are safe from asbestos and lead.
Dr. Devin Serrano, our Superintendent, led multiple tours around our campuses that were not well
attended. We must bring forth this issue to the general population who may not have classroom age
students. If we cannot update our facilities, our property values will surely fall. All of the neighboring
beach communities have recently passed bond measures, and their facilities reflect that support. Ours
are a crumbling disgrace. With a locally passed bond, the PVPUSD will be eligible for state fund
matching, and we can at least get our students into safe classrooms that are not literally falling down
around our children's heads.
Thanks for considering the safety and security for the 11,000 children across the Peninsula who attend
our public schools.
Sincerely,
Jenay & Dan Rouimi
RPV residents
1
Sept. 3, 2024 RPV Council Meeting
Major John Cruickshank
Major Protem Eric Alegria
Council Member David Bradley
Council Member Barbara Ferraro
Council Member Paul Seo
Dear Council Members:
Re: 0 Clipper lot:
Started as R-4 in the 1970's
Owners were going to build 4 houses -reviewed and approved by the Community Assoc. and the
City -houses were not built.
Lot was sold -years later -the new owners -the Hartman's of Seacove Dr. RPV were going to
built 3 houses and a covered area for their car collection. The City denied their request.
The Hartman's sold the lot to a developer.
The State of Calif. came up with a planned requirement to increase housing. Each city was given a
number of units to build. The city of RPV was required to built 647 units. The city identified 800
possible units.
The O Clipper vacant lot (1.56 acres) zoning was bumped up from R-4 to R-22.
The city helped the developer with the idea of a complex of 18 units -to meet it's 64 7 required
units allotment.
After our Community of Abalone Cove discovered the proposed project -which was in design for
a number of years -we were scared that our community would be negatively affected. Due to a
portion of the lot having land fill, possible land movement, local landslides at the ocean close by, a
drainage ditch as part of the property, traffic increase in the neighbourhood, noise, and the
change in neighbourhood compatibility -which is a city requirement.
The community of upper Abalone Cove (across Palos Verdes Drive South) which looks down on
our community is also upset with the possible project -due to loss of ocean view, among other
concerns.
We are not sure what the California Coastal Commission would say with a review of the large
project.
We have been told that the O Clipper lot could be removed from the City's required allotment and
replaced by other identified lots (from the 800 which have been identified).
We are requesting a quick review of the facts -and a positive judgement to remove the O Clipper
lot from the City's required 647 unit allotment to build housing units by the State of California.
City Staff needs to get on this request!!
Stasys Petravicius
Community of Abalone Cove
Board of Directors, V-P
3.
Sept. 3, 2024 RPV Council Meeting
Major John Cruickshank
Major Protem Eric Alegria
Council Member David Bradley
Council Member Barbara Ferraro
Council Member Paul Seo
Dear Council Members:
Re: 0 Clipper lot:
Started as R-4 in the 1970's
Owners were going to build 4 houses -reviewed and approved by the Community Assoc. and the
City -houses were not built.
Lot was sold -years later -the new owners -the Hartman's of Seacove Dr. RPV were going to
built 3 houses and a covered area for their car collection. The City denied their request.
The Hartman's sold the lot to a developer.
The State of Calif. came up with a planned requirement to increase housing. Each city was given a
number of units to build. The city of RPV was required to built 647 units. The city identified 800
possible units.
The O Clipper vacant lot (1.56 acres) zoning was bumped up from R-4 to R-22.
The city helped the developer with the idea of a complex of 18 units -to meet it's 647 required
units allotment.
After our Community of Abalone Cove discovered the proposed project -which was in design for
a number of years -we were scared that our community would be negatively affected. Due to a
portion of the lot having land fill, possible land movement, local landslides at the ocean close by, a
drainage ditch as part of the property, traffic increase in the neighbourhood, noise, and the
change in neighbourhood compatibility -which is a city requirement.
The community of upper Abalone Cove (across Palos Verdes Drive South) which looks down on
our community is also upset with the possible project -due to loss of ocean view, among other
concerns.
We are not sure what the California Coastal Commission would say with a review of the large
project.
We have been told that the O Clipper lot could be removed from the City's required allotment and
replaced by other identified lots (from the 800 which have been identified).
We are requesting a quick review of the facts -and a positive judgement to remove the O Clipper
lot from the City's required 64 7 unit allotment to build housing units by the State of California.
City Staff needs to get on this request!!
Stasys Petravicius
Community of Abalone Cove
Board of Directors, V-P
Sept. 3, 2024 RPV Council Meeting
Major John Cruickshank
Major Protem Eric Alegria
Council Member David Bradley
Council Member Barbara Ferraro
Council Member Paul Seo
Dear Council Members:
Re: O Clipper lot:
Started as R-4 in the 1970's
Owners were going to build 4 houses -reviewed and approved by the Community Assoc. and the
City -houses were not built.
Lot was sold -years later -the new owners -the Hartman's of Seacove Dr. RPV were going to
built 3 houses and a covered area for their car collection. The City denied their request.
The Hartman's sold the lot to a developer.
The State of Calif. came up with a planned requirement to increase housing. Each city was given a
number of units to build. The city of RPV was required to built 647 units. The city identified 800
possible units.
The O Clipper vacant lot (1.56 acres) zoning was bumped up from R-4 to R-22.
The city helped the developer with the idea of a complex of 18 units -to meet it's 647 required
units allotment.
After our Community of Abalone Cove discovered the proposed project -which was in design for
a number of years -we were scared that our community would be negatively affected. Due to a
portion of the lot having land fill, possible land movement, local landslides at the ocean close by, a
drainage ditch as part of the property, traffic increase in the neighbourhood, noise, and the
change in neighbourhood compatibility -which is a city requirement.
The community of upper Abalone Cove (across Palos Verdes Drive South) which looks down on
our community is also upset with the possible project -due to loss of ocean view, among other
concerns.
We are not sure what the California Coastal Commission would say with a review of the large
project.
We have been told that the O Clipper lot could be removed from the City's required allotment and
replaced by other identified lots (from the 800 which have been identified).
We are requesting a quick review of the facts -and a positive judgement to remove the O Clipper
lot from the City's required 647 unit allotment to build housing units by the State of California.
City Staff needs to get on this request!!
Stasys Petravicius
Community of Abalone Cove
Board of Directors, V-P
Sept. 3, 2024 RPV Council Meeting
Major John Cruickshank
Major Protem Eric Alegria
Council Member David Bradley
Council Member Barbara Ferraro
Council Member Paul Seo
Dear Council Members:
Re: O Clipper lot:
Started as R-4 in the 1970's
Owners were going to build 4 houses -reviewed and approved by the Community Assoc. and the
City -houses were not built.
Lot was sold -years later -the new owners -the Hartman's of Seacove Dr. RPV were going to
built 3 houses and a covered area for their car collection. The City denied their request.
The Hartman's sold the lot to a developer.
The State of Calif. came up with a planned requirement to increase housing. Each city was given a
number of units to build. The city of RPV was required to built 647 units. The city identified 800
possible units.
The O Clipper vacant lot (1.56 acres) zoning was bumped up from R-4 to R-22.
The city helped the developer with the idea of a complex of 18 units -to meet it's 64 7 required
units allotment.
After our Community of Abalone Cove discovered the proposed project -which was in design for
a number of years -we were scared that our community would be negatively affected. Due to a
portion of the lot having land fill, possible land movement, local landslides at the ocean close by, a
drainage ditch as part of the property, traffic increase in the neighbourhood, noise, and the
change in neighbourhood compatibility -which is a city requirement.
The community of upper Abalone Cove (across Palos Verdes Drive South) which looks down on
our community is also upset with the possible project -due to loss of ocean view, among other
concerns.
We are not sure what the California Coastal Commission would say with a review of the large
project.
We have been told that the O Clipper lot could be removed from the City's required allotment and
replaced by other identified lots (from the 800 which have been identified).
We are requesting a quick review of the facts -and a positive judgement to remove the O Clipper
lot from the City's required 647 unit allotment to build housing units by the State of California.
City Staff needs to get on this request!!
Stasys Petravicius
Community of Abalone Cove
Board of Directors, V-P
Sept. 3, 2024 RPV Council Meeting
Major John Cruickshank
Major Protem Eric Alegria
Council Member David Bradley
Council Member Barbara Ferraro
Council Member Paul Seo
Dear Council Members:
Re: O Clipper lot:
Started as R-4 in the 1970's
Owners were going to build 4 houses -reviewed and approved by the Community Assoc. and the
City -houses were not built.
Lot was sold -years later -the new owners -the Hartman's of Seacove Dr. RPV were going to
built 3 houses and a covered area for their car collection. The City denied their request.
The Hartman's sold the lot to a developer.
The State of Calif. came up with a planned requirement to increase housing. Each city was given a
number of units to build. The city of RPV was required to built 647 units. The city identified 800
possible units.
The O Clipper vacant lot {1.56 acres) zoning was bumped up from R-4 to R-22.
The city helped the developer with the idea of a complex of 18 units -to meet it's 647 required
units allotment.
After our Community of Abalone Cove discovered the proposed project -which was in design for
a number of years -we were scared that our community would be negatively affected. Due to a
portion of the lot having land fill, possible land movement, local landslides at the ocean close by, a
drainage ditch as part of the property, traffic increase in the neighbourhood, noise, and the
change in neighbourhood compatibility -which is a city requirement.
The community of upper Abalone Cove (across Palos Verdes Drive South) which looks down on
our community is also upset with the possible project -due to loss of ocean view, among other
concerns.
We are not sure what the California Coastal Commission would say with a review of the large
project.
We have been told that the O Clipper lot could be removed from the City's required allotment and
replaced by other identified lots (from the 800 which have been identified).
We are requesting a quick review of the facts -and a positive judgement to remove the O Clipper
lot from the City's required 647 unit allotment to build housing units by the State of California.
City Staff needs to get on this request!!
Stasys Petravicius
Community of Abalone Cove
Board of Directors, V-P
From: Teresa Takaoka
Sent:
To:
Tuesday, September 3, 2024 1 :55 PM
Nathan Zweizig
Subject: FW: Potential removal of Clipper Road from Housing Element Site Inventory
'<'Q
!°';
.. 2.
Teresa Takaoka
City Clerk
t.erit@rp_y~
Phone -(31 O) 544-5217
Address:
30940 Hawthorne Blvd .
Rancho Palos Verdes, CA
90275
Website: www.rpvca.g_Q~
~ GETITON
~i Google Play
f'hi~) t>·rnai! rncssa9c contains inforn1dtlon be!onqin(J to the City of Rancho Pa!o:, Verdes, vvhich rnay be privile9eclr
( onfi(k~ntial, and/or prott~ctcd frorn disc/us11re, The infonriahon is intended on!y for 1JSe of the inc!ividudi or entity
1,arned. Unaulh,xizccl cl1sscminat1on, d1stribution, or· copy,nq is str·ictiy p,ohibitecl. F you received this erm1H it1 error,
or are not intc11dc?d rc:cip1c~nt:, p!c:dsc not/y i:hc sender iinrnccliately, ·1 hank yr.Ju for your as'.:1istancc and
coopei·ation.
From: Sharon Yarber <sharon@sharonyarber.com>
Sent: Tuesday, September 3, 2024 1:54 PM
To: CC <CC@rpvca.gov>
Cc: Ara Mihranian <AraM@rpvca.gov>
Subject: Potential removal of Clipper Road from Housing Element Site Inventory
Some people who received this message don't often get email from sharon(iilsharonyarber.c;:om. Learn why this is important
Dear Council,
The purpose of potentially removing the Clipper Road property from the site inventory is to prevent the property
from potentially being developed to the density allowed under the new zoning, and to downzone it to its prior
zoning, correct?
One very important issue that the staff report fails to address is what would be the liability of the City to the
property owner if the property was removed from the site list, and then downzoned? It is my understanding that the
property owner supported the upzoning and now has vested rights with the new zoning that have significantly
increased the value of the property. If the City were to downzone the property against the wishes of the property
1 3
owner, that would constitute a "taking" for which compensation would be payable under the 5th amendment of the
Constitution.
Has staff obtained approval of the property owner to seek approval from HCD to remove the property and process
a downzoning and a waiver of the requirement for payment of any compensation? I suspect not, and I believe
several million dollars would be the potential compensation that would have to be paid to the owner. This needs to
be discussed at the meeting tonight as I imagine most people in the community are unaware of the legal
ramifications and resulting costs to the City as a whole to accommodate the wishes of the Clipper neighbors.
Don't get me wrong-I wish the Clipper property had never been included in the inventory. That was a very poor
decision made by staff to include it from the inception, but on April 16th I advocated for adoption of the Housing
Element over the legitimate objections of the Clipper neighbors so as to close the door on the much graver risk
that the Clipper neighbors and all of residents faced on April 16th , namely Builders' Remedy. While the Builders'
Remedy window remained open the owner of the Clipper property could have proposed a development far greater
in size and scope that what would be allowed under the new zoning, hence, on balance, adoption of the HE on
4/16 with Clipper was the lesser of the two dreadful risks.
While I would support the idea of working with HCD to consider amending the Housing Element to remove Clipper,
I would only want to see the City do this if (i) the property owner consented and waived any compensation (or
agreed to an amount acceptable to the community for the City to pay), (ii) something was recorded against the
property so no future purchaser buying the property as currently zoned could claim they were not bound by the
waiver of compensation by the current owner, and (iii) the City obtained written assurances from HCD that nothing
done in furtherance of this objective would cause the City to lose its standing as being complaint so that there is
no risk of the Builders' Remedy door being opened.
See you tonight!
Sharon Yarber
2
Subject: FW: Agenda Item #3 Housing Element
From: Michele Carbone <michelepcarbone@gmail.com >
Sent: Tuesday, September 3, 2024 10:02 AM
To: CC <CC@rpvca .gov >
Cc: Michele Carbone <michelepcarbone@gmail.com >
Subject: Agenda Item #3 Housing Element
EXTERNAL EMAIL: Do not click links or o en an attachments unless ou recognize t he sender and know the conten t ls safe lll.
Dear Council
The site/parcel should never have been selected for the housing element because of the slide zone
hazard and this area/ parcel is also deemed a flood zone hazard which is documented . In addition to the
hazard, the mayor's documented emails indicate he had a business relationship with the buyer and the
subsequent actions by the mayor and his direction to the city employee would indicate a conflict of
interest .
05/06/2021
Email from the Mayor to Ara from his business email
Ara ,
I have my business hat on this morning. I have a new client who is interested in building homes at the vacant
lot at the SW corner of Clipper Road and PVDS ....... do you know why this lot has not been subdivided and
developed .
If the site had not been selected , the subsequent zoning and view changes also would not have been
submitted and approved.
Ensure the city does their due diligence and the city meets the requirements as outlined by the city
attorney at the April 16 , 2024 Council meeting to ensure HCD approval as they already provided
direction that RPV met their RHNA numbers could be removed .
There is a thing called "No Net Loss" law which means whenever we down zone a property, this property has already
been up zoned, due to an emergency ordinance and that is effective right now. So when we down zone a property and
whatever housing we lose at that property, it has to be found elsewhere in the city. In this particular case, because those
units would have to go to different sites, we also have to consider affirmatively furthering "Fair Housing" and this has to
go through the process .......... So even if there is no effect to the housing element, well there is an effect as we would have
to change the zoning code, land use map, land use element and all of those things before we can be in full compliance
have to be amended and aligned
Provide direction to city employees
1. Ensure that all state housing laws are in compli anc e
2. Call HC D and get the required guidance for #1 which we have been asking since they presented back
in April
3. Submit the Housing Element amendment and follow up with the following :
Prepare revised General Plan, Local Coastal Plan, and Zoning revisions to reflect the removal of specific
site(s) (returning them to prior classifications and zoning), and environmental analysis of the revisions
Michele Carbone
2
Subject: FW: Undo the damage please!
From: janine micucci <janinemicucci@gmail.com>
Sent: Sunday, September 1, 2024 5:22:11 AM
To: CC <CC@rpvca.gov>
Subject: Undo the damage please!
Dear Mayor Cruikshank and City Council members,
Thank you for keeping your commitment to evaluate the removal of sites from the 2021-2029 Housing
Element especially with all the other issues the city is facing at the moment.
My concern is specifically with the Clipper Lot, and I strongly encourage you to remove it from the
inventory list. As you may recall, there was already a strong and passionate outcry from the public to
exclude it from the list during the Housing Element adoption process.
One concern was the geological impact of building large multi-family units on that lot given its
proximity to the landslide areas. Now, with the recent discovery from movement of larger and deeper
landslides, ones whose borders are even closer to the Clipper lot and the surrounding
neighborhoods, it would be prudent to prevent any new development in this area. Even though the
landslides have been studied extensively, new information continues to emerge and further
development could trigger both new landslides and new lawsuits.
Another concern with allowing multi-story development on the Clipper lot is the precedence it sets for
the City to endorse building structures that knowingly block residents views. This goes against the
spirit of the City's stated goals and sends the message that nobody's views are safe.
Removing the Clipper lot would still meet the RHNA requirements. During the adoption process,
staff mentioned there were other requirements that needed to be evaluated as well. If those
requirements could be explicitly stated and presented clearly to the public, that would go a long way
towards providing transparency and confidence in the Council's decisions.
Again, thank you for evaluating the Housing Element and I look forward to seeing what is presented
at the September 3rd meeting.
Much thanks,
Janine Micucci
Janine Micucci +1 323 251 1987
1 3.
From:
Sent:
To:
Subject:
Dear Sir,
James Hwang <dr.jh96@yahoo.com>
Tuesday, September 3, 2024 12:20 AM
CityClerk
Regarding Meeting on September 3 on Housing Element Sites Inventory Discussion
My name is James Hwang and I am a resident of Abalone Cove Community at 23 Barkentine Road, Rancho
Palos Verdes. One of the Housing Element Sites Inventory chosen is near my community at Clipper
Road. The city's plan is to build a 22 units, 3 story town homes on this lot. I understood the City's need to
meet it's state-required target of zoning for 647 new housing units in various income levels through 2029.
However, recent landslide movement at Portuguese bend's neighborhood has become very severe and
accelerated. Just over the Labor Day weekend, one hundred forty homes has their electricity disconnected;
residents at Portuguese Bend community received alerts to evacuated and move out of their
homes. Furthermore, one hundred home's electricity will be cut in the near future. The Clipper lot with our
community is at the border of the landslide area, right by the Abalone Seashore Park's trails, which was shut
down on July 1, due to the landslide and safety issues. I believe rezoning and build a massive 22 units, 3
story town homes will create an extra burden on the already fragile ground and further weaken the
foundations of nearby homes. I will be really worry about the safety of the town home build on this location.
Therefore, I would like to ask the city council members to consider removing the Clipper lot from rezoning list
and revert the lot back to R-4 to safe protect the community. Thank you very much for your time and
consideration.
Sincerely yours,
James and Catherine Hwang
23 Barkentine Road
Rancho Palos Verdes, CA 90275
1
Subject: FW: September 3rd City Council Meeting and Housing Element evaluation
From: Ara Mihranian <AraM@rpvca.gov>
Sent: Friday, August 30, 2024 9:48 AM
To: Dan Bruening <dan bruening@hotmail.com>; CC <CC@rpvca.gov>
Cc: Brandy Forbes <bforbes@rpvca.gov>; Jessica Bobbett <jbobbett@rpvca.gov>; Octavio Silva <OctavioS@rpvca.gov>
Subject: RE: September 3rd City Council Meeting and Housing Element evaluation
Good morning Dan,
The City Council is in receipt of your email expressing the reasons why you believe the Clipper lot should be
removed from the inventory list.
Your email is part of the public record and will be provided as late correspondence.
Ara
Ara Michael Mihranian
City Manager
aram@rpvca.gov
Phone -(310} 544-5202
Address:
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
Website: www.rpvca.gov
(t;:;,
thP
icUy proh!bll<1 (L tf yuu
in1:11e{}idte!v. T!1d11k
From: Dan Bruening <dan bruening@hotmail.com>
Sent: Thursday, August 29, 2024 10:48 AM
To: CC <CC@rpvca.gov>
Cc: Ara Mihranian <AraM@rpvca.gov>
~ GHITON
I!"'' Google Play
Subject: September 3rd City Council Meeting and Housing Element evaluation
Dear Mayor Cruikshank and City Council members,
Thank you for keeping your commitment to evaluate the removal of sites from the 202-2029 Housing
Element especially with all the other issues the city is facing at the moment. My concern is specifically
with the Clipper Lot, and I strongly encourage you to remove it from the inventory list. As you may recall,
there was already a strong and passionate outcry from the public to exclude it from the list during the
Housing Element adoption process.
1 3.
One concern was the geological impact of building large multi-family units on that lot given its proximity
to the landslide areas. Now, with the recent discovery from movement of larger and deeper landslides,
ones whose borders are even closer to the Clipper lot and the surrounding neighborhoods, it would be
prudent to prevent any new development in this area. Even though the landslides have been studied
extensively, new information continues to emerge and further development could trigger both new
landslides and new lawsuits.
Another concern with allowing multi-story development on the Clipper lot is the precedence it sets for
the City to endorse building structures that knowingly block residents views. This goes against the spirit
of the City's stated goals and sends the message that nobody's views are safe.
Removing the Clipper lot would still meet the RHNA requirements. During th.e adoption process, staff
mentioned there were other requirements that needed to be evaluated as well. If those requirements
could be explicitly stated and presented clearly to the public, that would go a long way towards providing
transparency and confidence in the Council's decisions.
Again, thank you for evaluating the Housing Element and I look forward to seeing what is presented at the
September 3rd meeting.
Sincerely,
Dan Bruening
2
From:
Sent:
To:
Subject:
Michael Cristillo <michaelcristillo@gmail.com>
Monday, September 2, 2024 7:43 AM
CityClerk
Clipper lot RPV Abalone Cove
Some people who received this message don't often get email from michaelcristillo@gmail.com. Learn why this is important
To whom it may concern.
We oppose the alternation of the R4 status to R22. It cannot sustain the added traffic congestion, nor
does it make sense to do so with a nearby lanndslide area and PV drive south road conditions that is in
horrid condition. Please reconsideryour position on the matter. Thank you.
Michael Cristillo 22 Packet Rd
1 3.
From:
Sent:
To:
Cc:
Subject:
Attachments:
Hi,
Kendra Carney Mehr <klcm@carneymehr.com>
Tuesday, September 3, 2024 3:45 PM
CityClerk
Elena Gerli; Erin Grubisich
Public Comment to City Council re September 3, 2024 Meeting
9.3.24 Letter to City Council.pdf
Please provide the attached correspondence related to Regular Business Item No. 3 on the September 3,
2024 City Council Regular Agenda to the members of the City Council, the City Manager, the City
Attorney, and the Community Development Director.
Please confirm this document has been distributed.
Best regards,
~-· L_J
Kendra L. Carney Mehr
Principal
Carney Mehr, a legal corporation
t: (949) 629-4676
e: klcm@carneymehr.com
w: carneymehr.com
CONFIDENTIALITY NOTICE -This e-·mail transmission, and any documents, files m previous e-mail
messages attached to it may contain information that is confidential or legally privileged. If you are
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PROHIBITED. If you have received this trnnsrnission in error, please immediately return e-rr1ail and
delete the original t,,ansrnission and its attachments without reading or saving in any manner. Thank
you.
2
CARNEY MEHR LAW
Kendra L. Camey Mehr
23 Corporate Plaza Drive, Suite 150
Newport Beach, CA
(949) 629-4676
klcm@cameymehr.com
September 3, 2024
Honorable Mayor and City Councilmembers
City of Rancho Palos Verdes
30940 Hawthorne Boulevard
Rancho Palos Verdes, CA 9027 5
Re: Consideration and possible action to evaluate the Housing Sites Inventory of
the City Council-Adopted 2021-2029 Housing Element. (September 3, 2024 City
Council Agenda, Regular Business Item No 3.)
To the Honorable Mayor and Members of the City Council:
As you may be aware, this firm represents the Community of Abalone Cove (the
"Community"), an organization of 80 homeowners who hold property adjacent to the
parcel identified as 0 Clipper, more specifically identified as Assessor's Parcel Number
7573-006-024 (the "Clipper Lot") within the City of Rancho Palos Verdes (the "City").
The Clipper Lot is also identified as Site # 16 on the City's Housing Element Sites
Inventory being discussed this evening as Regular Business Agenda Item No. 3.
The Community of Abalone Cove strongly encourages the City Council to
direct City staff to seek approval from HCD to remove the Clipper Lot, Site #16,
from the Housing Sites Inventory of the City's 2021-2029 Housing Element.
A review of the City's findings in support of the reclassification of the Clipper
Lot from RS-4 to RM-22 shows these findings include blatant inconsistencies with the
General Plan, Coastal Specific Plan and, more importantly, purposefully ignored existing
salient Zoning Code provisions that were established to protect the " ... the peace, health,
safety and welfare of the community ... ". And, specifically, the rezoning is not consistent
with the City's own site selection criteria and ignores hazards previously identified as
impacting the subject parcel.
As stated in prior correspondence, for many important reasons, the Community is
adamantly opposed to the rezoning of the Clipper Lot which was approved in accordance
with the adoption of the Housing Element on Jtme 18 , 2024 . While several of these
reasons are discussed below , as underscored by the City Cotmcil's Special Meeting
earlier this evening, the Clipper Lot's proximity1 to the Po11uguese Bend community
raises grave concerns regarding th e environmenta l stability and geological hazards
present in the area.
Concerning Site Conditions
Landslides and Geological Hazards
According to the Housing Element:
"Portuguese Bend Landslide Moratorium Area: the Housing Element sites have avoided
these areas and are instead limited to infill locations within existing developed areas and
some vacant sites . "
The Housing E lement indicates that an investigation was performed to show that no
env ironmental constraints were present on the Clipper Lot to justify the inclusion and
appropriateness of this parce l for multi-family housing development. This conclusion
relied in pa1t on the image shown below which illustrates the City's Landslide Inventmy.
According to this Invento1y, the Clipper Lot is adjacent to but has no existing landslide
designation. Essentia lly , the repmi indicates that the subject parcel is located outside the
Portuguese Bend Landslide area and is therefore buildable . However, the repoti qua li fied
this dete1mination by also including the requirement that a geotechnical analysis will be
required during the entitlement/permitting process to actually assess and address any
potential landslide concern .
LJ11dslide In ventory
100 ft Con tou,s
Non-l1ncsJejt
-POH ll>•t LaMlhdt
Dorm i1nt L&ndtUdt
• Ac,ivol.and~ldt
Of significant concern however, is that the City 's Coast al Specific Plan, adopted by the
City prior to the Housing Element , found the Clipper Lot is actually located within an
"extreme geologic hazard area" as well as within a nahiral vegetation and w ildlife
1 The Clipper Lot is located just half of a mile from the Portuguese Bend comnnmity.
2
conidor. The image below is from the City's Coast Plan Geologic/Preserva tion
Designations .
::~=-=t"'7:.:'a.1,, -·~ ti04"
[=::J ,..,"". , .... ,,.
TH E CITY OF RANCHO PALOS V ERDES , .. to ,_, ,eoo ''*
This conflicting information was not included, addressed , or ana lyzed in the
Housing Element or related CEQA Addendum. For many reasons , but especially for this
reason , the Community urges the City Council act and direct City staff to reques t HCD 's
approva l to remove the Clipper Lot from the Housing Sites Inventory of the City's 2021-
2029 Hous ing Element.
Flood Ha::.ards
The Housing E lement illus trates 2 the potential flood hazards through out the City,
but does specify that "Site 16", the Clipper Lot, is located within FEMA's F lood Zone
Categ01y D . The Ho u sing Element states:
"Flood ::.one D ;s defined as areas with poss;b/e but undetermined flood ha::.ards . No
flood ha::.ard analysis has been conducted in these areas and therefore these areas are
designated as undetenn;ned r;sk areas. Although the chances of a flood ha::.ard are
minimal, as idelllified by FEMA, a definitejlood;ng problem does exist ;n the form of
tempormJ1 flash floods related to heavy winter ra;ns . "
As sh own below , the Coasta l Specific Pl an, on the other hand , appropria tely
identifies the Cli pper Lot and adj acent properties as an area prone to flood-re lated
hazaTds and with exposure to po tentia l nega t ive hydrological impacts.
2 See Housing Element Figure 80
3
c::J h,C,toloQl IHIOr
B flood u,ar(l
THE CITY OF RANCHO PALOS VERDES \" !o !aooj,HO f3to0
Significantly, neither the Housing E lement nor the CEQA Addendum indicated ,
ana lyzed, or provided a mitigation framework to address FEMA's Flood Zone Ca tego1y
D . Instea d , the City not only ignored the potential safety impacts to the Community but
exposed the Community to exacerbated ri sk by cre a tin g a hi gher den sity development .
Wildlife and Natural Vegetation
The repo rted si te conditions relied upon for the Hou sin g E lement similarly did not
take into account the existing wi ldli fe corridors and natural vegetation present on th e
Clipper Lot. Again, the City's Coastal Plan indicates that the Clipper Lot has natural
vegetation and serves as a wi ldli fe corridor. Housing development will necessarily
elimi nate the existing vegetation and will de stroy the wi ldlife corridor. The City simply
did not identify the se conidors or conduct any environmenta l review to mitigate the se
impacts.
terrestrial
I·· •:.-:::·~-.:•I vegelatNln
mwildhte
marine
-PfCHtVAhon
D res to rat ion
D main ten.:,ncit
THE CITY OF RANCHO PA LO S VERDES \" !o !soo ! 1&00 !3><0
As shown above , in the map of vegetation and wi ldlife corridors from the Coas tal
Specific Plan , the City ha s not adequately analyzed th e exis tin g geo hazards, potential
floodin g concerns , existing wi ldlife conidor, or natura l vegeta ti on of the C lipper Lot.
4
However, the numerous contradictions relating to the site conditions between the
Housing Element and recent Zoning Amendment and prior documents adopted by the
City, such as its General Plan and Coastal Specific Plan give ample justification for the
City Council to request HCD approve the request to remove the Clipper Lot from the
Housing Sites Inventory.
Conflicting Development Standards
The change in land use when the City amended the zoning of the Clipper Lot
from RS-4 to RM-22 created spot zoning and inconsistent development.
If left as is, the amendment will result in a significant loss to the established land
use patterns, incompatible design, and the loss of the neighborhood character. The
Clipper Lot is situated within and surrounded by RS-4 and RS-2 designated
neighborhoods. The notable design features of these communities include low scale and
mass, largely midcentury design, low heights, low pitched roofs, and the requirement to
be situated on a minimum of approximately 10,000 square foot lots. The RM-22 zoning
designation, on the other hand, is intended to create a PUD development project design
with small, 2,000 square foot lots with no lot coverage maximum standards, 36 foot high
dwellings, with no opportunities to review the design for compatibility or view
obstructions. With this change, the City Council effectively eliminated "the peace,
health, safety and welfare of the community" in terms of view preservation criteria.
In its reclassification process, the City did not review plans, conduct primary data
analysis, such as the erection of story poles, or create a regulatory framework to analyze
potential impacts of development despite the Planning Commission's recommendation.
Rather, the City relied on studies that essentially plotted lots on the parcel based on
assumptions of potential development desires, and made "approximations" of view
obstruction base on available data and web images. The City's own consultant (Dudek)
even indicated the following:
"As identified in this analysis, potential building height maximums are approximations
based on available contour data from the City of Rancho Palos Verdes and elevation
spot-checking within Google Earth ... Further analysis is required to determined adequate
view preservation per code. "
In addition to the lack of meaningful data or evidence or the opportunity to
establish a regulatory framework to guard against potential impacts resulting from the
development of the parcel, the City purposefully removed or did not include standards
that could have been used to analyze impacts, including view preservation and
neighborhood compatibility. Instead, the Housing Element information indicated that:
"Further, to ensure that the sites can be developed at the assumed densities, the Dudek
analysis recommended that the proposed rezoning actions include provisions to ehminate
the requirement for analysis pursuant to the View Preservation Ordinance and to
eliminate the requirement for a Conditional Use Permit to allow development taller than
5
16 feet in height, on Housing Element sites. These recommendations are incorporated
into Housing Element Program I."
This is the same report that indicated the need for further analysis to determine potential
view impairments.
These actions demonstrate that the City intended to rezone the subject parcel
regardless of the impact to the existing community. However, this may still be corrected
by the Council directing City staff to request HCD's approval to remove the Clipper Lot
from the Housing Sites Inventory.
A review of the Housing Element, supporting report, CEQA Addendum, Coastal
Specific Plan, and Housing Site Selection Criteria shows that the zoning amendment of
the Clipper Lot from RS-4 to RM-22 is inconsistent with the surrounding neighborhood
development patterns. Moreover, the City's report and findings ignored environmental
constraints and very present geological hazards to create internal inconsistencies between
its Coastal Specific Plan and its General Plan. Furthermore, the reclassification is not
consistent with the City's own site selection criteria.
In its rnsh to meet various deadlines for adoption of the Housing Element, the
City purposefully ignored and omitted existing salient zoning code provisions that were
established to protect the " ... the peace, health, safety and welfare of the community ... ".
However, the City Council can begin to rectify this grave error this evening by voting to
direct City staff to seek approval from HCD to remove the Clipper Lot, Site #16,
from the Housing Sites Inventory of the City's 2021-2029 Housing Element.
Again, the Community of Abalone Cove strongly encourages the City
Council to direct City staff to seek approval from HCD to remove the Clipper Lot,
Site #16, from the Housing Sites Inventory of the City's 2021-2029 Housing Element.
cc: egerli@awattorneys.com
6
Best regards,
/&__{rwuvj{Wvt
Kendra L. Carney Mehr
Principal Attorney
From:
Sent:
To:
Subject:
Late corr
-----Original Message-----
Teresa Takaoka
Wednesday, August 28, 2024 11 :58 AM
CityClerk
FW: September 3 Council Meeting, Agenda Item 4
From: Noel Park <noelparkone@gmail.com>
Sent: Wednesday, August 28, 2024 11:57 AM
To: CC <CC@rpvca.gov>; Ara Mihranian <AraM@rpvca.gov>; Ramzi Awwad <rawwad@rpvca.gov>
Subject: September 3 Council Meeting, Agenda Item 4
EXTERNAL EMAIL: Do not click links or open any attachments unless you recognize the sender and know the content is
safe!!!.
I strongly support this initiative to establish an E bike ordinance. I compliment staff on their extensive outreach to other
governmental agencies. It was very educational.
I would suggest two possible additions. I believe that helmets should be worn by all, regardless of age. Head injuries are
no respecters of age. As a lifelong motorcyclist, I vividly remember the battles over the motorcycle helmet law. One of
the main arguments in favor was the extreme cost of treating head injuries, which all too often falls on the public. Having
experienced a severe bicycle head injury in our family, to a rider wearing a helmet, by the way, I can attest to the huge
cost and the mental anguish.
I would also suggest adding some strong language about reckless driving, possibly around Paragraph 9. Almost daily I
witness very dangerous maneuvers around traffic involving unsafe lane changes, U-turns, general darting around moving
cars and running of stop signs. I cringe every time I see it. We should give the Sherrif's every possible tool to try to
control this behavior.
Thank you again for considering such a valuable ordinance.
Best regards,
Noel Park
6715 El Rodeo Road
Rancho Palos Verdes CA 90275
562-413-5147
Sent from my iPhone
1
Subject: FW: NYTimes.com: In a Scenic California Town, Worsening Landslides Force Power
Shutoffs
From: ROBERT NELSON <nelsongang@aol.com>
Sent: Tuesday, September 3, 2024 3:48 PM
To: CC <CC@rpvca.gov>; PC <PC@rpvca.gov>; Ara Mihranian <AraM@rpvca.gov>
Subject: NYTimes.com: In a Scenic California Town, Worsening Landslides Force Power Shutoffs
New York Times article on landslide. FYI -if interested. If not just found file. There are over 600
comments, most of which agree with what my brother (atty in Vermont whose been through their
Montpelier floods that destroyed the capital's downtown) said was the popular bumper sticker there,
'Nature bats last!.'
Bob Nelson
Explore this gift article from The New York Times. You can read it for free without a subscription.
In a Scenic California Town, Worsening Landslides Force Power Shutoffs
The movement of the ground in Rancho Palos Verdes is threatening homes. But as the city searches for
solutions, many residents are committed to staying.
https ://www. nyti mes. co m/2024/09/02/us/la nds lides-ra ncho-pa los-
ve rd es.html ?unlocked article code=1.H04.KnGt.T7FEVlllBm k&smid=em-share
1