AGENDA
REGULAR MEETING OF THE
AGOURA HILLS CITY COUNCIL
Civic Center – Council Chambers
30001 Ladyface Court, Agoura Hills, California 91301
Wednesday, February 28, 2024
6:00 p.m.
Please silence all cell phones and other electronic devices during the meeting.
ATTEND OR WATCH THE MEETING
For in-person attendance, Council Chamber doors will open to the public at 5:30 p.m. To watch the live stream or archive of this meeting on YouTube, enter “Agoura Hills City Council” (this will include the Improvement Authority meeting) and click on the date of the meeting. To watch the live stream or archive of this meeting on the City’s website, go to agourahillscity.org and click on the “Watch Meetings Online” button.
PUBLIC PARTICIPATION (PUBLIC COMMENT)
Option A: To provide public comment in-person in the Council Chambers Members of the public have an opportunity to attend the meeting in-person in the Council Chambers and speak or submit a written comment on any item listed on the Agenda. If you wish to speak, complete a Speaker’s Card for each item and submit to the City Clerk prior to the public comment portion of the item. Public testimony is limited to three (3) minutes per speaker; a speaker’s time may not be transferred to another speaker. Written public comments submitted at the meeting are not read aloud by the City Clerk.
Option B: To submit written public comments prior to the meeting Members of the public have an opportunity to submit email correspondence on any item listed on the Agenda by sending an email to: [email protected]. All public correspondence received by 4:00 p.m. on the meeting date will be provided to the City Council or Improvement Authority prior to the meeting. Public comments are not read into the record. Any written public comments received after 4:00 p.m. on the meeting day will not be considered as part of the City Council’s deliberations or entered into the official record. Members also have the option to attend the meeting and submit their written comments or speak in-person.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL Mayor Illece Buckley Weber
Mayor Pro Tem Penny Sylvester
Councilmember Chris Anstead
Councilmember Deborah Klein Lopez
Councilmember Jeremy Wolf
REPORT OF CLOSED SESSION
APPROVAL OF AGENDA
City Council Regular Meeting Agenda
Wednesday, February 28, 2024
PRESENTATIONS
Business of the Month – Presentation to Uncle AF’s
INTERGOVERNMENTAL, SPECIAL PURPOSE COMMITTEE, & DEPARTMENTAL
REPORTS
Las Virgenes/Malibu Council of Governments Update
Santa Monica Mountains Conservancy Advisory Committee Update (City Council and Staff)
PUBLIC COMMENTS
(This section is reserved for persons wishing to address items not listed on the Agenda that are under the subject matter jurisdiction of the City Council. Please refer to “Public Participation” above for full details on how to submit written public comments or speak under this category.)
CONSENT CALENDAR
(Items on the Consent Calendar may be approved by a single motion and vote. Unless pulled by the City Council, there will be no separate discussion of these items. This section is reserved for persons wishing to address items on the Consent Calendar. Please refer to “Public Participation” above for full details on how to submit written public comments or speak under this category.)
1. Approve Minutes of the Regular City Council Meeting of January 24, 2024 STAFF REFERENCE: CITY CLERK RODRIGUES
2. Approve Demand Warrant Register No. 907
STAFF REFERENCE: DIRECTOR OF FINANCE IBAÑEZ
3. Approve Treasurer’s Report for December 2023
STAFF REFERENCE: DIRECTOR OF FINANCE IBAÑEZ
4. Approve Notice of Completion for the Agoura Hills/Calabasas Community Center Improvement Project HUD No. B-22-CP-CA-0141; NIB 23-03
STAFF REFERENCES: ADMINISTRATIVE ANALYST TREICHLER
PUBLIC WORKS DIRECTOR/CITY ENGINEER FORTE
5. Approve Rejection of all Bids for Ladyface Greenway Project; NIB No. 24-02, and Authorize Staff to Seek Bids for a Revised Bid Package for the Ladyface Greenway Project
STAFF REFERENCE: PUBLIC WORKS DIRECTOR/CITY ENGINEER FORTE City Council Regular Meeting Agenda
Wednesday, February 28, 2024
CONSENT CALENDAR, continued -
6. Approve: 1) Agreement for Payment of Costs, with SNS Group, LLC, in Connection with the Preparation of Environmental Documentation; and, 2) Agreement for Consultant Services, with Envicom Corporation, for the Preparation of Environmental Documentation Related to a Development Application for a Single-Family Residence STAFF REFERENCES: COMMUNITY DEVELOPMENT DIRECTOR THOMAS
ASSOCIATE PLANNER DARBOUZE
7. Approve Letter of Support for the Petition of the Fernandeno Tataviam Band of Mission Indians (FTBMI) Tribe to the U. S. Department of the Interior-Indian Affairs for Federal Acknowledgment
STAFF REFERENCE: ASSISTANT CITY MANAGER ADEVA
8. Adopt Resolution No. 24-2057; A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AGOURA HILLS, CALIFORNIA, AUTHORIZING THE MAYOR TO EXECUTE COOPERATIVE AGREEMENT NO. 07-5309, WITH THE STATE OF
CALIFORNIA, FOR THE KANAN CORRIDOR SAFETY, OPERATIONS, AND
CAPACITY ENHANCEMENT PROJECT
STAFF REFERENCE: PUBLIC WORKS DIRECTOR/CITY ENGINEER FORTE
ORDINANCE / ACTION
(This section is reserved for persons wishing to address items listed under Ordinance / Action. Public testimony is limited to three (3) minutes. Please refer to “Public Participation” above for full details on how to submit written public comments or speak under this category.)
9. Waive Full Reading and Introduce Ordinance No. 24-476; AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF AGOURA HILLS, CALIFORNIA, ADDING CHAPTER 8 (COMMUNITY TREE MANAGEMENT) TO ARTICLE VII (STREETS)
OF THE AGOURA HILLS MUNICIPAL CODE, AND FINDING THAT THIS
ORDINANCE IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION
15378(B)(5) AND 15061(B)(3)
STAFF REFERENCE: PUBLIC WORKS DIRECTOR/CITY ENGINEER FORTE
DISCUSSION / ACTION
(This section is reserved for persons wishing to address items listed under Discussion / Action. Public testimony is limited to three (3) minutes. Please refer to “Public Participation” above for full details on how to submit written public comments or speak under this category.)
10. Discussion to Consider Approving a Letter of Opposition to AT&T’s Proposal to the California Public Utilities Commission (CPUC) to Relieve AT&T’s Obligation as the State-Designated Carrier-of-Last-Resort (COLR)
STAFF REFERENCE: ASSISTANT CITY MANAGER ADEVA
City Council Regular Meeting Agenda
Wednesday, February 28, 2024
CITY COUNCIL, STAFF COMMENTS
ADJOURNMENT
The next Regular City Council Meeting will be held at 6:00 p.m., on Wednesday, March 13, 2024, in the Council Chambers of the Civic Center. The Civic Center is located at 30001 Ladyface Court, Agoura Hills, California.
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City Council meeting or other services offered by the City of Agoura Hills, please contact the City Clerk’s Office at (818) 597-7300. Notification at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service.
Copies of staff reports or other written documentation, relating to each item of business described in this Agenda, are posted to the City’s website at agourahillscity.org and are on file in the office of City Clerk Kimberly M. Rodrigues, Agoura Hills City Hall, 30001 Ladyface Court, Agoura Hills, California, 91301.
The telecast of the Wednesday, February 28, 2024, Regular City Council Meeting will be shown on Channel 10 for Time Warner Cable subscribers, Channel 3 for Charter subscribers, and Channel 99 for AT&T UVerse subscribers, at a later date, and run daily until the next regularly scheduled City Council meeting.
The broadcast schedule is as follows: M-10am; T-3pm; W-10am; Th-7pm; F-10am; S-3pm; and Su-7pm.
MINUTES
REGULAR MEETING OF THE
AGOURA HILLS CITY COUNCIL
Civic Center – Council Chambers
30001 Ladyface Court, Agoura Hills, California 91301
Wednesday, January 24, 2024
6:00 p.m.
The City Council meeting was called to order at 6:00 p.m. by Mayor Buckley Weber.
The Pledge of Allegiance was led by Councilmember Wolf.
Present were: Mayor Illece Buckley Weber, Mayor Pro Tem Sylvester, Councilmember Chris Anstead, Councilmember Deborah Klein Lopez, and Councilmember Jeremy Wolf.
Also Present were: City Manager Nathan Hamburger, City Attorney Candice K.
Lee, Assistant City Manager Ramiro Adeva, Deputy City
Manager Louis Celaya, Management Analyst Amber Victoria, Executive Assistant Michele Hubbs, Director of Community Development Denice Thomas, Principal Planner Robby
Nesovic, Planning Consultant Adam Probolsky, Director of Public Works/City Engineer Jessica Forte, Director of Finance Diego Ibañez, Finance Manager Brenda Cho, Director of
Community Services Amy Brink, Recreation Manager Nick
Newkirk, Management Analyst Stephanie Pozos, and City Clerk Kimberly M. Rodrigues.
REPORT OF CLOSED SESSION
City Attorney Lee reported on the two City Council Closed Session items pursuant to Government Code Sections 54956.9 (Paragraph (1) of Subdivision (d)) and 54956.8. The City Council considered the items, no reportable action was taken and direction was given to staff.
APPROVAL OF AGENDA
ACTION: Councilmember Lopez moved to approve the Agenda, as presented.
Councilmember Anstead seconded. The motion carried 5-0, by the following roll call vote:
AYES: Mayor Buckley Weber, Mayor Pro Tem Sylvester, and Councilmembers Anstead, Lopez, and Wolf.
NOES: None.
ABSTAIN: None.
ABSENT: None.
City Council Regular Meeting Minutes
Wednesday, January 24, 2024
PRESENTATIONS
There were no presentations.
INTERGOVERNMENTAL, SPECIAL PURPOSE COMMITTEE, & DEPARTMENTAL
REPORTS
Mayor Pro Tem Sylvester provided a Las Virgenes/Malibu Council of Governments Update.
Mayor Buckley Weber announced the Santa Monica Mountains Conservancy Advisory Committee meeting was canceled and she would report back next month.
PUBLIC COMMENTS
There were no public comments.
CONSENT CALENDAR
There were no public comments.
ACTION: Mayor Pro Tem Sylvester moved to approve Consent Calendar Item Nos. 1-6, as presented. Councilmember Anstead seconded. The motion carried 5-0, by the following roll call vote:
AYES: Mayor Buckley Weber, Mayor Pro Tem Sylvester, and Councilmembers Anstead, Lopez, and Wolf.
NOES: None.
ABSTAIN: None.
ABSENT: None.
1. Approve Minutes of the Regular City Council Meeting of January 10, 2024
2. Approve Demand Warrant Register No. 905
3. Approve Treasurer’s Report for November 2023
4. Approve Notice of Completion for the Fiscal Year 2023-24 Pavement Rehabilitation Project; NIB 23-01
5. Approve Agreement for Contractor Services, with Avidex Industries, LLC, for Purchase of Audio/Visual Equipment for the Agoura Hills Recreation and Event Center
6. Approve Agreement for Contractor Services, with Spare Labs, Inc., for Enhanced Transportation Services – Dial-A-Ride
City Council Regular Meeting Minutes
Wednesday, January 24, 2024
CONTINUED PUBLIC HEARING / APPEAL
7. Conduct a Continued Public Hearing to Consider the Agoura Hills Planning Commission’s Denial of Conditional Use Permit Case No. CUP-01533-2018 and Oak Tree Permit Case No. OAK-01534-2018 for 28340 Balkins Drive (AIN 2055-021- 044), a Request to Construct a 4,180 Square-Foot, Two-Story, Single-Family Residence and a 730 Square-Foot Attached Garage (Arvind Aurora, Applicant/Appellant) Continued from August 12, 2020
Mayor Buckley Weber deferred to Councilmember Wolf who announced he would be recusing himself from the Public Hearing, as he had heard the item as a former Planning Commissioner, and exited the Council Chambers at 6:09 p.m.
Mayor Buckley Weber opened the Public Hearing at 6:10 p.m.
Mayor Buckley Weber deferred to Mayor Pro Tem Sylvester who announced that she was not on the City Council when the item was first heard on August 12, 2020, and reported that she had “watched the recording of City Council and I am up-todate on everything that happened on that evening.” City Attorney Lee made the following announcement: "Thank you, Honorable Mayor. I thought it would be helpful to provide a summary of the framework of the proceedings for this evening to assist the Council and also to give the public an idea of what to expect this evening. First, the Council will hold what is called a "De Novo" Public Hearing, it’s actually a continued “De Novo” Public Hearing. As you recall, the first hearing was held on August 12, 2020. In the City of Agoura Hills, all appeals of Planning Commission decisions are heard "De Novo" at the Council level. So, what does “De Novo” mean? It’s, basically, a completely new hearing where the City Council takes a fresh look at a project and is not limited to the issues raised in an appeal application. This allows the Council to look at the project as a whole and look at all the components of the project. The Council need not give any particular weight or deference to the Planning Commission’s decision. It certainly may consider what the Planning Commission decided or thought about the project, but, the City Council is not bound to follow Planning Commission's decision. Next, I'd like to summarize the order of the proceedings for the hearing this evening. The Mayor has already opened the Public Hearing, thank you. Next, we will have the staff report and then, City Council questions of staff. And, at this time, the Council should avoid commenting on the project, how they feel about it, their opinions, it is really, strictly, questions of staff about the project. Next will be Council disclosure of ex parte communications. Since this is a quasi-judicial matter, where the Council is, basically, sitting as a judge on this particular project. If the Councilmembers have received any relevant information about this matter outside the Public Hearing, they should publicly announce that to the public. Any particular information they obtained and before testimony begins. Next we will have the Applicant/Appellant’s presentation; they will be given 15 minutes and then the Council will have an opportunity to ask the Applicant any questions. We will then move forward to the public comment portion of the Public Hearing. As the Mayor announced previously, each speaker will have three minutes to speak and cannot transfer their time to City Council Regular Meeting Minutes
Wednesday, January 24, 2024
another speaker. Again, Council may ask questions of the public during public comment. Then we will turn to the Applicant's rebuttal, they will get five minutes for rebuttal. Then a last call for Council questions and, as a friendly reminder, the Council should conclude all questions prior to the close of the Public Hearing.
Then the Mayor will close the Public Hearing and we will turn to Council discussion and deliberation. Also, as a friendly reminder, during deliberation it would be appropriate for the Council to explain why they can or cannot make the findings required to be made for all the entitlements as part of the project so that staff can prepare a resolution of approval or a denial based on Council’s direction. At the conclusion of this hearing, the idea is that the Council would give direction to staff. They close the Public Hearing, they give direction to staff whether to move forward with the resolution of approval of the project or resolution of denial of the project. And, that concludes my summary. Thank you Mayor."
Following presentation of the staff report, Mayor Buckley Weber inquired if any Councilmember had any ex parte communications to disclose. • Councilmember Lopez disclosed that she had formerly visited the site with the last hearing, had watched the City Council meeting (video) from August 2020, and did not need to revisit the site.
• Councilmember Anstead disclosed that he had visited the site prior to the last hearing and this hearing, had not spoken with the owner, and had spoken with City staff.
• Mayor Pro Tem Sylvester disclosed she had visited the site and spoken with staff.
• Mayor Buckley Weber disclosed that she had watched the Planning Commission Meetings of June 2, and June 18, 2020, and the City Council Meeting of August 12, 2020, and had visited the property in 2020 and prior to today’s meeting.
Following a question and answer period with staff, Mayor Pro Tem Buckley Weber opened the floor for public testimony from the Applicant/Appellant.
The following person spoke on behalf of the Applicant/Appellant:
Arvind Aurora, Applicant/Appellant
Following a question and answer period with the Applicant/Appellant, Mayor Buckley Weber opened the floor for public comments.
Following distribution of the Agenda Packet, and prior to the City Council Meeting, written correspondence was received from the following persons (listed in the order received), forwarded to the City Council, and made available for public review.
Donald Walt and Pamela Knuth Chandler, Agoura Hills (2) Maayan and Adi McAbian, Agoura Hills
David Sack, Agoura Hills
City Council Regular Meeting Minutes
Wednesday, January 24, 2024
Russ and Andrea Diamond, Agoura Hills
Karen Marriott, Agoura Hills
Jon Levin, Agoura Hills
Brant Turner, Agoura Hills
Laurie Turner Agoura Hills
Mr. and Mrs. Dark, Agoura Hills
Howard Stutz, Agoura Hills
Tim Feehan, Agoura Hills
Amy Blatt, Agoura Hills
The following person(s) spoke:
Brant Turner, Agoura Hills
Jon Levin, Agoura
Michael Papanicolaou, Agoura
David Sack, Agoura
There being no further public comment, Mayor Buckley Weber invited the Applicant/Appellant to present his rebuttal.
Arvind Aurora, Applicant/Appellant
Mayor Buckley Weber requested information from staff related to when the Old Agoura Overlay and the Hillside Ordinance came into effect.
The City Council recessed at 7:31 p.m., to afford staff the opportunity to gather the information requested, and reconvened at 7:38 p.m.
Following the break, staff reported back that Ordinance No. 92-211 was adopted in 1992 and established the Old Agoura Overlay, and Ordinance No. 45 was adopted on December 7, 1983, and established the Hillside Grading Ordinance.
There being no public comments or further questions of staff or the Applicant/Appellant by the City Council, Mayor Buckley Weber closed the Public Hearing at 7:39 p.m.
During deliberations, the City Council did not reach consensus. Following further discussion, Mayor Buckley Weber reopened the Public Hearing at 8:13 p.m. to ask further questions of the Applicant/Appellant.
Following a question and answer period with the Applicant/Appellant, Mayor Buckley Weber closed the Public Hearing at 8:23 p.m.
Mayor Buckley Weber noted the City Council tried to come up with some sort of consensus and recommended “we ask staff to bring back a resolution reflecting our inability for the City Council to approve or reach consensus.” City Council Regular Meeting Minutes
Wednesday, January 24, 2024
City Attorney Lee recommended the City Council “make a motion one way or the other” so there is something reflecting there is not consensus and then the Council could take the next step(s).
Councilmember Lopez inquired, if the Applicant/Appellant would be open to a continuance, if the City Council were able to continue the Public Hearing one more time. City Attorney Lee affirmed that the City Council could have another Public Hearing if staff and the Applicant/Appellant were amenable to that option.
Mayor Buckley Weber inquired if staff was amenable and staff affirmed they would work with the Applicant/Appellant and bring something back for Council consideration.
Upon further deliberations, Mayor Buckley Weber re-opened the Public Hearing at 8:29 p.m. for further discussion with the Applicant/Appellant to see if he was amenable to a short continuance to work with staff and his architect and bring the project back for consideration. The Applicant/Appellant was amenable to a continuance.
Mayor Buckley Weber also suggested to the Applicant/Appellant that if the Old Agoura Homeowners Association approves the new design to include that information (letter) in the record with his presentation to the City Council.
Following a question and answer period with the Applicant/Appellant, Mayor Buckley Weber inquired of staff if they were clear about the findings that could not be made and staff affirmed. She then inquired if the Applicant/Appellant was open to a continuance and recommended a six-month continuance to which the Applicant/Appellant and City Council concurred.
MOTION: Mayor Buckley Weber called for a motion to continue the Public Hearing to consider the Agoura Hills Planning Commission’s denial of Conditional Use Permit Case No. CUP-01533-2018 and Oak Tree Permit Case No. OAK-01534-2018 for 28340 Balkins Drive (AIN 2055- 021-044), a request to construct a 4,180 square-foot, two-story, singlefamily residence and a 730 square-foot attached garage.
City Attorney Lee flagged the issue that six months from now the City Council did not have a second meeting in July and inquired, as part of their recommendation, if the City Council wanted to continue the open Public Hearing off calendar to be re-noticed for a date within six months.
Mayor Buckley Weber suggested extending the open Public Hearing to the first meeting in August.
City Attorney Lee suggested, as part of the City Council’s recommendation, to include: “to continue the open Public Hearing off calendar to be re-noticed for a continued Public Hearing no later than the first meeting in August, 2024.” City Council Regular Meeting Minutes
Wednesday, January 24, 2024
ACTION: Mayor Pro Tem Sylvester moved to approve the recommendation to continue the open Public Hearing, as amended. Councilmember Lopez seconded. The motion carried 4-0, by the following roll call vote:
AYES: Mayor Buckley Weber, Mayor Pro Tem Sylvester, and Councilmembers Anstead and Lopez.
NOES: None.
ABSTAIN: Councilmember Wolf.
ABSENT: None.
Councilmember Wolf returned to the Council dais at 8:39 p.m.
DISCUSSION / ACTION
8. Discussion Regarding Commercial Cannabis Survey Results Following a presentation from Planning Consultant Adam Probolsky, and a question and answer period, Mayor Buckley Weber opened the floor for public comments.
The following person spoke:
Captain Jennifer Seetoo, representing the Lost Hills Sheriff’s Station Following deliberations, feedback and direction were provided to staff to bring this item to the (Budget) Goal Setting Workshop in 2025 for Council consideration.
Mayor Buckley Weber called for a motion to receive and file the survey results.
ACTION: Councilmember Lopez moved to approve the staff recommendation.
Councilmember Anstead seconded. The motion carried 5-0, by the following roll call vote:
AYES: Mayor Buckley Weber, Mayor Pro Tem Sylvester, and Councilmembers Anstead, Lopez, and Wolf.
NOES: None.
ABSTAIN: None.
ABSENT: None.
9. Discussion Regarding Land Acknowledgement Statement
Following presentation of the staff report, and a question and answer period with staff, Mayor Buckley Weber opened the floor for public comments.
There were no public comments.
Following deliberations, including feedback and direction from the City Council, Mayor Buckley Weber called for a motion and second to approve the staff recommendation, including working collaboratively with the local indigenous and City Council Regular Meeting Minutes
Wednesday, January 24, 2024
native groups on the land acknowledgement statement, and bring back information for City Council consideration.
ACTION: Mayor Pro Tem Sylvester moved to approve the staff recommendation. Councilmember Lopez seconded. The motion carried 5-0, by the following roll call vote:
AYES: Mayor Buckley Weber, Mayor Pro Tem Sylvester, and Councilmembers Anstead, Lopez, and Wolf.
NOES: None.
ABSTAIN: None.
ABSENT: None.
COUNCIL, STAFF COMMENTS
Mayor Pro Tem Sylvester and Councilmember Wolf thanked staff for their time and guidance with the 2024 Greater Los Angeles Homeless Count.
ADJOURNMENT
At 9:29 p.m., Mayor Buckley Weber announced the next Regular City Council Meeting would be held at 6:00 p.m. on Wednesday, February 14, 2024, in the Council Chambers of the Civic Center and adjourned the meeting.
Kimberly M. Rodrigues, MPPC, MMC
City Clerk
Agreement 07-5309
Project No. 0718000316
EA 35410
07-LA-101-35.0/35.0
Project Development Agreement 2017-02-17 (Created November 9, 2023) i
COOPERATIVE AGREEMENT COVER SHEET
Work Description
SAFETY AND OPERATIONAL IMPROVEMENTS TO KANAN ROAD AND THE INTERCHANGE RAMPS ON ROUTE 101 IN THE CITY OF AGOURA HILLS IN LOS ANGELES COUNTY AT POST MILE 35.0/35.0
Contact Information
CALTRANS
Rimma Tebeleva, Project Manager
100 S. Main Street
Los Angeles, CA 90012
Office Phone: (213) 269-1391
Email: [email protected]
CITY OF AGOURA HILLS
Charmaine Yambao, Senior Civil Engineer/Project Manager 30001 Ladyface Court
Agoura Hills, CA 91301
Office Phone: (818) 597-7360
Fax Number: (818) 597-7352
Email: [email protected]
Cover Sheet AGREEMENT 07-5309
Project No. 0718000316
Project Development Agreement 2017-02-17 (Created November 9, 2023) ii Table of Contents
COOPERATIVE AGREEMENT......................................................................................................... 1 RECITALS ........................................................................................................................................... 1 RESPONSIBILITIES ........................................................................................................................... 2 Sponsorship...................................................................................................................................... 2 Implementing Agency...................................................................................................................... 3 Funding ............................................................................................................................................ 3 CALTRANS’ Quality Management ................................................................................................ 3 CEQA Lead Agency ........................................................................................................................ 4 Environmental Permits, Approvals and Agreements....................................................................... 4 Project Approval and Environmental Document (PA&ED)............................................................ 5 California Environmental Quality Act (CEQA).......................................................................... 5 Schedule ........................................................................................................................................... 6 Additional Provisions....................................................................................................................... 7 Standards..................................................................................................................................... 7 Qualifications.............................................................................................................................. 7 Consultant Selection.................................................................................................................... 7 Encroachment Permits................................................................................................................. 7 Protected Resources .................................................................................................................... 8 Disclosures.................................................................................................................................. 8 Hazardous Materials.................................................................................................................... 8 Claims.......................................................................................................................................... 9 Interruption of Work ................................................................................................................. 10 Penalties, Judgements and Settlements..................................................................................... 10 Project Files............................................................................................................................... 11 GENERAL CONDITIONS ................................................................................................................ 11 Venue ............................................................................................................................................. 11 Exemptions..................................................................................................................................... 11 Indemnification .............................................................................................................................. 11 Non-parties..................................................................................................................................... 12 Ambiguity and Performance .......................................................................................................... 12 Defaults.......................................................................................................................................... 12 Dispute Resolution......................................................................................................................... 13 Prevailing Wage ............................................................................................................................. 13 Cover Sheet AGREEMENT 07-5309
Project No. 0718000316
Project Development Agreement 2017-02-17 (Created November 9, 2023) iii SIGNATURES.................................................................................................................................... 15 CLOSURE STATEMENT.................................................................................................................... 2 Agreement 07-5309
Project No. 0718000316
EA 35410
07-LA-101-35.0/35.0
Project Development Agreement 2017-02-17/IQA (Created July 19, 2023) 1 of 15
COOPERATIVE AGREEMENT
This AGREEMENT, executed on and effective from _______________________________, is between the State of California, acting through its Department of Transportation, referred to as CALTRANS, and:
City of Agoura Hills, a body politic and municipal corporation or chartered city of the State of California, referred to hereinafter as LOCAL AGENCY.
An individual signatory agency in this AGREEMENT is referred to as a PARTY. Collectively, the signatory agencies in this AGREEMENT are referred to as PARTIES.
RECITALS
1. PARTIES are authorized to enter into a cooperative agreement for improvements to the State Highway System per the California Streets and Highways Code, Sections 114 and 130.
2. For the purpose of this AGREEMENT, the safety and operational improvements to Kanan Road and the interchange ramps on Route 101 in the City of Agoura Hills in Los Angeles County at Post Mile 35.0/35.0, will be referred to hereinafter as PROJECT. The PROJECT scope of work is defined in the project initiation and approval documents (Project Study Reports/Project Development Support (PSR-PDS)).
3. All obligations and responsibilities assigned in this AGREEMENT to complete the following PROJECT COMPONENT will be referred to hereinafter as WORK:
• PROJECT APPROVAL AND ENVIRONMENTAL DOCUMENT (PA&ED)
Each PROJECT COMPONENT is defined in the CALTRANS Workplan Standards Guide as a distinct group of activities/products in the project planning and development process.
Agreement 07-5309
Project No. 0718000316
Project Development Agreement 2017-02-17/IQA (Created July 19, 2023) 2 of 15
4. The term AGREEMENT, as used herein, includes this document and any attachments, exhibits, and amendments.
This AGREEMENT is separate from and does not modify or replace any other cooperative agreement or memorandum of understanding between the PARTIES regarding the PROJECT.
PARTIES intend this AGREEMENT to be their final expression that supersedes any oral understanding or writings pertaining to the WORK. The requirements of this AGREEMENT will preside over any conflicting requirements in any documents that are made an express part of this AGREEMENT.
If any provisions in this AGREEMENT are found by a court of competent jurisdiction to be, or are in fact, illegal, inoperative, or unenforceable, those provisions do not render any or all other AGREEMENT provisions invalid, inoperative, or unenforceable, and those provisions will be automatically severed from this AGREEMENT.
Except as otherwise provided in the AGREEMENT, PARTIES will execute a written amendment if there are any changes to the terms of this AGREEMENT.
PARTIES agree to sign a CLOSURE STATEMENT to terminate this AGREEMENT.
However, all indemnification, document retention, audit, claims, environmental commitment, legal challenge, maintenance and ownership articles will remain in effect until terminated or modified in writing by mutual agreement or expire by the statute of limitations.
5. The following work associated with this PROJECT has been completed or is in progress:
• LOCAL AGENCY is developing the Project Initiation Document (PSR-PDS).
6. In this AGREEMENT capitalized words represent defined terms, initialisms, or acronyms.
7. PARTIES hereby set forth the terms, covenants, and conditions of this AGREEMENT.
RESPONSIBILITIES
Sponsorship
8. A SPONSOR is responsible for establishing the scope of the PROJECT and securing the financial resources to fund the WORK. A SPONSOR is responsible for securing additional funds when necessary or implementing PROJECT changes to ensure the WORK can be completed with the funds committed in this AGREEMENT.
PROJECT changes, as described in the CALTRANS Project Development Procedures Manual, will be approved by CALTRANS as the owner/operator of the State Highway System.
Agreement 07-5309
Project No. 0718000316
Project Development Agreement 2017-02-17/IQA (Created July 19, 2023) 3 of 15
9. Local Agency is the SPONSOR for the WORK in this AGREEMENT.
Implementing Agency
10. The IMPLEMENTING AGENCY is the PARTY responsible for managing the scope, cost, schedule, and quality of the work activities and products of a PROJECT COMPONENT. • LOCAL AGENCY is the Project Approval and Environmental Document (PA&ED) IMPLEMENTING AGENCY.
PA&ED includes the completion of the Final Environmental Document and the Project Report (documenting the project alternative selection).
11. LOCAL AGENCY will provide a Quality Management Plan (QMP) for the WORK in every PROJECT COMPONENT that they are the IMPLEMENTING AGENCY of. The QMP describes the IMPLEMENTING AGENCY’s quality policy and how it will be used. The QMP will include a process for resolving disputes between the PARTIES at the team level.
The QMP is subject to CALTRANS review and concurrence.
12. Any PARTY responsible for completing WORK will make its personnel and consultants that prepare WORK available to help resolve WORK-related problems and changes for the entire duration of the PROJECT including PROJECT work that may occur under separate agreements.
Funding
13. The WORK does not use funds administered by CALTRANS. PARTIES will amend this AGREEMENT should this condition change.
14. Each PARTY is responsible for the costs they incur in performing the WORK.
CALTRANS’ Quality Management
15. CALTRANS, as the owner/operator of the State Highway System (SHS), will perform quality management work including Quality Management Assessment (QMA) and owner/operator approvals for the portions of WORK within the existing and proposed SHS right-of-way.
16. CALTRANS’ Quality Management Assessment (QMA) efforts are to ensure that Local Agency's quality assurance results in WORK that is in accordance with the applicable standards and the PROJECT’s quality management plan (QMP). QMA does not include any efforts necessary to develop or deliver WORK or any validation by verifying or rechecking WORK.
Agreement 07-5309
Project No. 0718000316
Project Development Agreement 2017-02-17/IQA (Created July 19, 2023) 4 of 15 When CALTRANS performs QMA, it does so for its own benefit. No one can assign liability to CALTRANS due to its QMA.
17. CALTRANS, as the owner/operator of the State Highway System, will approve WORK products in accordance with CALTRANS policies and guidance and as indicated in this AGREEMENT.
18. LOCAL AGENCY will provide WORK-related products and supporting documentation upon CALTRANS’ request for the purpose of CALTRANS’ quality management work.
19. LOCAL AGENCY, including any employee, agent, consultant or sub-consultant retained by the LOCAL AGENCY, shall implement uniform document control policies necessary to retain all records and electronically stored information associated with the WORK, including but not limited to those records identified in California Public Resources Code, Section 21167.6, and including email and attachments, in a manner consistent with the CALTRANS Uniform Filing System and the “Final Caltrans Environmental Records Retention Policy”, available at https://dot.ca.gov/-/media/dot-media/programs/environmental-analysis/documents/ser/neparecordretention-policy-final-a11y.pdf. These records, along with an index of the records, shall be provided to CALTRANS within 60 days of CALTRANS’ written request.
20. The cost of CALTRANS’ quality management work is to be borne by CALTRANS.
CEQA Lead Agency
21. LOCAL AGENCY is the CEQA Lead Agency for the PROJECT.
22. CALTRANS is a CEQA Responsible Agency for the PROJECT.
Environmental Permits, Approvals and Agreements
23. LOCAL AGENCY will comply with the commitments and conditions set forth in the environmental documentation, environmental permits, approvals, and applicable agreements as those commitments and conditions apply to Local Agency's responsibilities in this AGREEMENT.
24. Unless otherwise assigned in this AGREEMENT, the IMPLEMENTING AGENCY for a PROJECT COMPONENT is responsible for all PROJECT COMPONENT WORK associated with coordinating, obtaining, implementing, renewing, and amending the PROJECT permits, agreements, and approvals whether they are identified in the planned project scope of work or become necessary in the course of completing the PROJECT.
It is expected that the PROJECT will not require environmental permits/approvals.
Agreement 07-5309
Project No. 0718000316
Project Development Agreement 2017-02-17/IQA (Created July 19, 2023) 5 of 15 Project Approval and Environmental Document (PA&ED)
25. As the PA&ED IMPLEMENTING AGENCY, LOCAL AGENCY is responsible for all PA&ED WORK except those activities and responsibilities that are assigned to another PARTY and those activities that are excluded under this AGREEMENT.
26. CALTRANS will be responsible for completing the following PA&ED activities:
CALTRANS Work Breakdown Structure Identifier (If Applicable) 100.10.10.xx Quality Management
27. Any PARTY preparing environmental documentation, including studies and reports, will ensure that qualified personnel remain available to help resolve environmental issues and perform any necessary work to ensure that the PROJECT remains in environmental compliance.
California Environmental Quality Act (CEQA)
28. The CEQA Lead Agency will determine the type of CEQA documentation and will cause that documentation to be prepared in accordance with CEQA requirements.
29. Any PARTY involved in the preparation of CEQA documentation will prepare the documentation to meet CEQA requirements and follow the CEQA Lead Agency’s standards that apply to the CEQA process.
30. CALTRANS is a CEQA Responsible Agency for the PROJECT and is responsible for review, comment, and concurrence on all environmental documentation (including, but not limited to, studies, reports, public notices, and public meeting materials, determinations, administrative drafts, and final environmental documents) at appropriate stages of development prior to approval and public availability.
31. Any PARTY preparing any portion of the CEQA documentation, including any studies and reports, will submit that portion of the documentation to the CEQA Lead Agency for review, comment, and approval at appropriate stages of development prior to public availability.
32. If the CEQA Lead Agency makes any changes to the CEQA documentation, the CEQA Lead Agency will allow CALTRANS to review, comment, and concur on those changes prior to the CEQA Lead Agency’s approval at appropriate stages of development prior to public availability.
Agreement 07-5309
Project No. 0718000316
Project Development Agreement 2017-02-17/IQA (Created July 19, 2023) 6 of 15
33. If the CEQA Lead Agency makes any changes to CEQA-related public notices, then the CEQA Lead Agency will allow CALTRANS to review, comment, and concur on those changes prior to publication and circulation.
34. The CEQA Lead Agency will attend all CEQA-related public meetings.
35. If a PARTY who is not the CEQA Lead Agency holds a public meeting about the PROJECT, that PARTY must clearly state its role in the PROJECT and the identity of the CEQA Lead Agency on all meeting publications. All meeting publications must also inform the attendees that public comments collected at the meetings are not part of the CEQA public review process.
That PARTY will submit all meeting advertisements, agendas, exhibits, handouts, and materials to the CEQA Lead Agency for review, comment, and approval at least ten (10) working days prior to publication or use. If that PARTY makes any changes to the materials, it will allow the CEQA Lead Agency to review, comment on, and approve those changes at least three (3) working days prior to the public meeting date.
The CEQA Lead Agency maintains final editorial control with respect to text or graphics that could lead to public confusion over CEQA-related roles and responsibilities.
Schedule
36. PARTIES will manage the WORK schedule to ensure the timely use of committed funds and to ensure compliance with any environmental permits, right-of-way agreements, construction contracts, and any other commitments. PARTIES will communicate schedule risks or changes as soon as they are identified and will actively manage and mitigate schedule risks.
Agreement 07-5309
Project No. 0718000316
Project Development Agreement 2017-02-17/IQA (Created July 19, 2023) 7 of 15 Additional Provisions
Standards
37. PARTIES will perform all WORK in accordance with federal and California laws, regulations, and standards; Federal Highway Administration (FHWA) standards; and CALTRANS standards. CALTRANS standards include, but are not limited to, the guidance provided in the:
• CADD User’s Manual
• CALTRANS policies and directives
• Plans Preparation Manual
• Project Development Procedures Manual (PDPM)
• Workplan Standards Guide
• Standard Environmental Reference
• Highway Design Manual
• Encroachment Permits Manual
Qualifications
38. Each PARTY will ensure that personnel participating in WORK are appropriately qualified or licensed to perform the tasks assigned to them.
Consultant Selection
39. LOCAL AGENCY will invite CALTRANS to participate in the selection of any consultants that participate in the WORK.
Encroachment Permits
40. CALTRANS will issue, upon proper application, the encroachment permits required for WORK within State Highway System (SHS) right-of-way. LOCAL AGENCY, their contractors, consultants, agents, and utility owners will not work within the SHS right-of-way without an encroachment permit which specifically allows them to do so. CALTRANS will provide encroachment permits to LOCAL AGENCY at no cost. CALTRANS will provide encroachment permits to utility owners at no cost. If the encroachment permit and this AGREEMENT conflict, the requirements of this AGREEMENT will prevail.
Agreement 07-5309
Project No. 0718000316
Project Development Agreement 2017-02-17/IQA (Created July 19, 2023) 8 of 15
41. The IMPLEMENTING AGENCY for a PROJECT COMPONENT will coordinate, prepare, obtain, implement, renew, and amend any encroachment permits needed to complete the WORK.
Protected Resources
42. If any PARTY discovers unanticipated cultural, archaeological, paleontological, or other protected resources during WORK, all WORK in that area will stop and that PARTY will notify all PARTIES within 24 hours of discovery. WORK may only resume after a qualified professional has evaluated the nature and significance of the discovery and CALTRANS approves a plan for its removal or protection.
Disclosures
43. PARTIES will hold all administrative drafts and administrative final reports, studies, materials, and documentation relied upon, produced, created, or utilized for the WORK in confidence to the extent permitted by law and where applicable, the provisions of California Government Code, Section 7921.505(c)(5) will protect the confidentiality of such documents in the event that said documents are shared between PARTIES.
PARTIES will not distribute, release, or share said documents with anyone other than employees, agents, and consultants who require access to complete the WORK without the written consent of the PARTY authorized to release them, unless required or authorized to do so by law.
44. If a PARTY receives a public records request pertaining to the WORK, that PARTY will notify PARTIES within five (5) working days of receipt and make PARTIES aware of any disclosed public records.
Hazardous Materials
45. HM-1 is hazardous material (including, but not limited to, hazardous waste) that may require removal and disposal pursuant to federal or state law, irrespective of whether it is disturbed by the PROJECT or not.
HM-2 is hazardous material (including, but not limited to, hazardous waste) that may require removal and disposal pursuant to federal or state law only if disturbed by the PROJECT.
The management activities related to HM-1 and HM-2, including and without limitation, any necessary manifest requirements and disposal facility designations are referred to herein as HM-1 MANAGEMENT and HM-2 MANAGEMENT respectively.
Agreement 07-5309
Project No. 0718000316
Project Development Agreement 2017-02-17/IQA (Created July 19, 2023) 9 of 15
46. If HM-1 or HM-2 is found the discovering PARTY will immediately notify all other PARTIES.
47. CALTRANS, independent of the PROJECT, is responsible for any HM-1 found within the existing State Highway System right-of-way. CALTRANS will undertake, or cause to be undertaken, HM-1 MANAGEMENT with minimum impact to the PROJECT schedule.
CALTRANS, independent of the PROJECT will pay, or cause to be paid, the cost of HM-1 MANAGEMENT related to HM-1 found within the existing State Highway System right-ofway.
48. LOCAL AGENCY, independent of the PROJECT, is responsible for any HM-1 found within the PROJECT limits and outside the existing State Highway System right-of-way. LOCAL AGENCY will undertake, or cause to be undertaken, HM-1 MANAGEMENT with minimum impact to the PROJECT schedule.
LOCAL AGENCY, independent of the PROJECT, will pay, or cause to be paid, the cost of HM-1 MANAGEMENT for HM-1 found within the PROJECT limits and outside of the existing State Highway System right-of-way.
49. The CONSTRUCTION IMPLEMENTING AGENCY is responsible for HM‑2 MANAGEMENT within the PROJECT limits.
LOCAL AGENCY and CALTRANS will comply with the Soil Management Agreement for Aerially Deposited Lead Contaminated Soils (Soil Management Agreement) executed between CALTRANS and the California Department of Toxic Substances Control (DTSC). Under Section 3.2 of the Soil Management Agreement, CALTRANS and LOCAL AGENCY each retain joint and severable liability for noncompliance with the provisions of the Soil Management Agreement. LOCAL AGENCY will assume all responsibilities assigned to CALTRANS in the Soil Management Agreement during PROJECT COMPONENTS for which they are the IMPLEMENTING AGENCY except for final placement and burial of soil within the State right-of-way, per Section 4.5 of the Soil Management Agreement, which is subject to CALTRANS concurrence and reporting to DTSC which will be performed by CALTRANS.
50. CALTRANS’ acquisition or acceptance of title to any property on which any HM-1 or HM-2 is found will proceed in accordance with CALTRANS’ policy on such acquisition.
Claims
51. LOCAL AGENCY may accept, reject, compromise, settle, or litigate claims of any consultants or contractors hired to complete WORK without concurrence from the other PARTY.
Agreement 07-5309
Project No. 0718000316
Project Development Agreement 2017-02-17/IQA (Created July 19, 2023) 10 of 15
52. PARTIES will confer on any claim that may affect the WORK or PARTIES’ liability or responsibility under this AGREEMENT in order to retain resolution possibilities for potential future claims. No PARTY will prejudice the rights of another PARTY until after PARTIES confer on the claim.
53. If the WORK expends state or federal funds, each PARTY will comply with the Federal Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards of 2 CFR, Part 200. PARTIES will ensure that any for-profit consultant hired to participate in the WORK will comply with the requirements in 48 CFR, Chapter 1, Part 31.
When state or federal funds are expended on the WORK these principles and requirements apply to all funding types included in this AGREEMENT.
54. If the WORK expends state or federal funds, each PARTY will undergo an annual audit in accordance with the Single Audit Act in the Federal Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards as defined in 2 CFR, Part 200.
55. When a PARTY reimburses a consultant for WORK with state or federal funds, the procurement of the consultant and the consultant overhead costs will be in accordance with the Local Assistance Procedures Manual, Chapter 10.
Interruption of Work
56. If WORK stops for any reason, IMPLEMENTING AGENCY will place the PROJECT rightof-way in a safe and operable condition acceptable to CALTRANS.
57. If WORK stops for any reason, each PARTY will continue with environmental commitments included in the environmental documentation, permits, agreements, or approvals that are in effect at the time that WORK stops, and will keep the PROJECT in environmental compliance until WORK resumes.
Penalties, Judgements and Settlements
58. The cost of awards, judgements, fines, interest, penalties, attorney’s fees, and/or settlements generated by the WORK are considered WORK costs.
59. The cost of legal challenges to the environmental process or documentation are considered WORK costs.
60. Any PARTY whose action or lack of action causes the levy of fines, interest, or penalties will indemnify and hold all other PARTIES harmless per the terms of this AGREEMENT.
Agreement 07-5309
Project No. 0718000316
Project Development Agreement 2017-02-17/IQA (Created July 19, 2023) 11 of 15 Project Files
61. LOCAL AGENCY will furnish CALTRANS with the Project History Files related to the PROJECT facilities on State Highway System within sixty (60) days following the completion of each PROJECT COMPONENT. LOCAL AGENCY will assure that the Project History File is prepared and submitted in compliance with the Project Development Procedures Manual, Chapter 7. All material will be submitted neatly in a three-ring binder and in PDF format.
GENERAL CONDITIONS
62. All portions of this AGREEMENT, including the Recitals Section, are enforceable.
Venue
63. PARTIES understand that this AGREEMENT is in accordance with and governed by the Constitution and laws of the State of California. This AGREEMENT will be enforceable in the State of California. Any PARTY initiating legal action arising from this AGREEMENT will file and maintain that legal action in the Superior Court of the county in which the CALTRANS district office that is signatory to this AGREEMENT resides, or in the Superior Court of the county in which the PROJECT is physically located.
Exemptions
64. All CALTRANS’ obligations and commitments under this AGREEMENT are subject to the appropriation of resources by the Legislature, the State Budget Act authority, programming and allocation of funds by the California Transportation Commission (CTC).
Indemnification
65. Neither CALTRANS nor any of its officers and employees, are responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by LOCAL AGENCY, its contractors, sub-contractors, and/or its agents under or in connection with any work, authority, or jurisdiction conferred upon LOCAL AGENCY under this AGREEMENT.
It is understood and agreed that LOCAL AGENCY, to the extent permitted by law, will defend, indemnify, and save harmless CALTRANS and all of their officers and employees from all claims, suits, or actions of every name, kind, and description brought forth under, but not limited to, tortious, contractual, inverse condemnation, or other theories and assertions of liability occurring by reason of anything done or omitted to be done by LOCAL AGENCY, its contractors, sub-contractors, and/or its agents under this AGREEMENT.
Agreement 07-5309
Project No. 0718000316
Project Development Agreement 2017-02-17/IQA (Created July 19, 2023) 12 of 15
66. Neither LOCAL AGENCY nor any of its officers and employees, are responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by CALTRANS, its contractors, sub-contractors, and/or its agents under or in connection with any work, authority, or jurisdiction conferred upon CALTRANS under this AGREEMENT. It is understood and agreed that CALTRANS, to the extent permitted by law, will defend, indemnify, and save harmless LOCAL AGENCY and all of their officers and employees from all claims, suits, or actions of every name, kind, and description brought forth under, but not limited to, tortious, contractual, inverse condemnation, or other theories and assertions of liability occurring by reason of anything done or omitted to be done by CALTRANS, its contractors, sub-contractors, and/or its agents under this AGREEMENT.
Non-parties
67. PARTIES do not intend this AGREEMENT to create a third party beneficiary or define duties, obligations, or rights for entities not signatory to this AGREEMENT. PARTIES do not intend this AGREEMENT to affect their legal liability by imposing any standard of care for fulfilling the WORK different from the standards imposed by law.
68. PARTIES will not assign or attempt to assign obligations to entities not signatory to this AGREEMENT without an amendment to this AGREEMENT.
Ambiguity and Performance
69. Neither PARTY will interpret any ambiguity contained in this AGREEMENT against the other PARTY. PARTIES waive the provisions of California Civil Code, Section 1654.
A waiver of a PARTY’s performance under this AGREEMENT will not constitute a continuous waiver of any other provision.
70. A delay or omission to exercise a right or power due to a default does not negate the use of that right or power in the future when deemed necessary.
Defaults
71. If any PARTY defaults in its performance of the WORK, a non-defaulting PARTY will request in writing that the default be remedied within thirty (30) calendar days. If the defaulting PARTY fails to do so, the non-defaulting PARTY may initiate dispute resolution.
Agreement 07-5309
Project No. 0718000316
Project Development Agreement 2017-02-17/IQA (Created July 19, 2023) 13 of 15 Dispute Resolution
72. PARTIES will first attempt to resolve AGREEMENT disputes at the PROJECT team level as described in the Quality Management Plan. If they cannot resolve the dispute themselves, the CALTRANS District Director and the Executive Officer of LOCAL AGENCY will attempt to negotiate a resolution. If PARTIES do not reach a resolution, PARTIES’ legal counsel will initiate mediation. PARTIES agree to participate in mediation in good faith and will share equally in its costs.
Neither the dispute nor the mediation process relieves PARTIES from full and timely performance of the WORK in accordance with the terms of this AGREEMENT. However, if any PARTY stops fulfilling its obligations, any other PARTY may seek equitable relief to ensure that the WORK continues.
Except for equitable relief, no PARTY may file a civil complaint until after mediation, or forty-five (45) calendar days after filing the written mediation request, whichever occurs first.
PARTIES will file any civil complaints in the Superior Court of the county in which the CALTRANS District Office signatory to this AGREEMENT resides or in the Superior Court of the county in which the PROJECT is physically located.
73. PARTIES maintain the ability to pursue alternative or additional dispute remedies if a previously selected remedy does not achieve resolution.
Prevailing Wage
74. When WORK falls within the Labor Code § 1720(a)(1) definition of "public works" in that it is construction, alteration, demolition, installation, or repair; or maintenance work under Labor Code § 1771, PARTIES will conform to the provisions of Labor Code §§ 1720-1815, and all applicable provisions of California Code of Regulations, Title 8, Division 1, Chapter 8, Subchapter 3, Articles 1-7. PARTIES will include prevailing wage requirements in contracts for public work and require contractors to include the same prevailing wage requirements in all subcontracts.
Work performed by a PARTY’s own employees is exempt from the Labor Code's Prevailing Wage requirements.
If WORK is paid for, in whole or part, with federal funds and is of the type of work subject to federal prevailing wage requirements, PARTIES will conform to the provisions of the DavisBacon and Related Acts, 40 U.S.C. §§ 3141-3148.
Agreement 07-5309
Project No. 0718000316
Project Development Agreement 2017-02-17/IQA (Created July 19, 2023) 14 of 15 When applicable, PARTIES will include federal prevailing wage requirements in contracts for public works. WORK performed by a PARTY’s employees is exempt from federal prevailing wage requirements.
Agreement 07-5309
Project No. 0718000316
Project Development Agreement 2017-02-17/IQA (Created July 19, 2023) 15 of 15
SIGNATURES
PARTIES are authorized to enter into this AGREEMENT and have delegated to the undersigned the authority to execute this AGREEMENT on behalf of the respective agencies and hereby covenants to have followed all the necessary legal requirements to validly execute this AGREEMENT. By signing below, the PARTIES each expressly agree to execute this AGREEMENT electronically.
The PARTIES acknowledge that executed copies of this AGREEMENT may be exchanged by facsimile or email, and that such copies shall be deemed to be effective as originals.
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
For Gloria Roberts
D7 District Director
Verification of funds and authority:
Vickie Murphy
District Budget Manager
CITY OF AGOURA HILLS
Illece Buckley Weber
City Mayor
Attest:
________________________________
Kimberly Rodrigues, MMC
City Clerk
Approved as to form and procedure:
Candice K. Lee
City Attorney
CEQA Lead Agency:
Denice Thomas, AICP
Community Development Director
Agreement 07-5309
Project No. 0718000316
EA 35410
07-LA-101-35.0/35.0
Project Development Agreement 2017-02-17/IQA (Created July 19, 2023) 1 of 2
CLOSURE STATEMENT INSTRUCTIONS
Did PARTIES complete all scope, cost and schedule commitments included in this AGREEMENT and any amendments to this AGREEMENT?
YES / NO
Did CALTRANS accept and approve all final deliverables submitted by other PARTIES?
YES / NO
Did the CALTRANS HQ Office of Accounting verify that all final accounting for this AGREEMENT and any amendments to this AGREEMENT were completed?
YES / NO
If construction is involved, did the CALTRANS District Project Manager verify that all claims and third party billings (utilities, etc.) have been settled before termination of the AGREEMENT?
YES / NO
Did PARTIES complete and transmit the As-Built Plans, Project History File, and all other required contract documents?
YES / NO
If ALL answers are “YES”, this form may be used to TERMINATE this AGREEMENT.
Agreement 07-5309
Project No. 0718000316
Project Development Agreement 2017-02-17/IQA (Created July 19, 2023) 2 of 2
CLOSURE STATEMENT
PARTIES agree that they have completed all scope, cost, and schedule commitments included in Agreement 07-5309 and any amendments to the agreement. The final signature date on this document terminates agreement 07-5309 except survival articles. All survival articles in agreement 07-5309 will remain in effect until expired by law, terminated or modified in writing by the PARTIES’ mutual agreement, whichever occurs earlier.
The people signing this agreement have the authority to do so on behalf of their public agencies.
By signing below, the PARTIES each expressly agree to execute this AGREEMENT electronically.
The PARTIES acknowledge that executed copies of this AGREEMENT may be exchanged by facsimile or email, and that such copies shall be deemed to be effective as originals.
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
D7 District Director
Date:
CITY OF AGOURA HILLS
City Mayor
Date: