J1 - blue folder — Redondo Beach City Council, May 5, 2026 (part 2 of 2)

Attachment L
Facility Access Agreement
Behavioral Health Continuum Infrastructure Program (BHCIP) Round 4: Children and Youth

ATTACHMENT L FACILITY ACCESS AGREEMENT
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1. Statement of Intent
The purpose of this Facility Access Agreement (" Agreement") is to provide the Department of Health Care Services (DHCS) with access to a property and facility owned and operated by Beach Cities Health District, formerly known as South Bay Hospital District, a governmental agency (" Sponsor") and which received grant funding through the Behavioral Health Continuum Infrastructure Program (BHCIP). Sponsor further agrees to provide information and documents to DHCS as outlined in this Agreement. Sponsor agrees to provide this facility access and to provide the information outlined in this document to enable DHCS to confirm Sponsor's compliance with BHICP grant requirements and restrictions and applicable federal regulations.

Sponsor enters into this Agreement as a condition of receipt of BHCIP grant funds and will comply with this Agreement for the term specified.

2. Background
DHCS oversees the BHCIP pursuant to Welfare and Institutions Code sections 5960 -5960.45.

DHCS established the BHCIP Round 4 Children and Youth grants to award competitive grants to qualified entities to construct, acquire, and rehabilitate real estate assets to expand the community continuum of behavioral health treatment resources in settings that serve children and youth, ages twenty-five (25) and younger, including, pregnant and postpartum women and their children; transition-age youth, ages eighteen ( 18) to twenty-five ( 25); and their families.

DHCS awarded the Sponsor a BHCIP Round 4 Children and Youth grant to acquire, expand, or construct certain improvements (the "Sponsor's Project") on that certain real property commonly known as 514 N. Prospect Avenue, located in the City of Redondo Beach, County of Los Angeles, State of California, and the improvements thereon (the " Property"); and, to operate the specific type of behavioral health facility (the "Facility") identified in Sponsor's grant application on the Property following the completion of the Sponsor's Project.

As part of DHCS's grant award to Sponsor, Sponsor entered into a contract with Advocates for Human Potential (AHP), who is acting as DHCS's program administrator to administer Round 4 Children and Youth grants, to undertake Sponsor's Project.

This Agreement between DHCS and Sponsor provides additional obligations the Sponsor has to DHCS as a condition of receiving all funds under Sponsor's contract with AHP and in order to comply with the requirements of the statutes governing BHCIP.

DocuSign Envelope ID: 41A93F65-ABA6-48DA-AE12-47C88C74430C Department of Health Care Services
Grantee: Beach Cities Health District, formerly known as South Bay Hospital District, a governmental agency
Agreement #R4-22-1901

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Facility Access Agreement
Behavioral Health Continuum Infrastructure Program (BHCIP) Round 4: Children and Youth

ATTACHMENT L FACILITY ACCESS AGREEMENT
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3. Applicability of BHCIP Statutes
The statutes governing BHCIP are to be repealed by their own terms on January 1, 2027 (see Welfare and Institutions Code §5960.45.) It is the intent of the parties that Sponsor, and any subsequent owners of the Property, continue to be bound by the requirements of the BHCIP statutes and this Agreement for a minimum of 30 years from the date the Sponsor contracts with AHP, and shall continue in full force and effect for a period of at least thirty (30) years after the date of either of the following: (i) the date of issuance of a Certificate of Occupancy, if the Sponsor’ s Project is for construction of a new facility, or (ii) the date of recordation of a Notice of Completion, in the official records of the County, if the Sponsor’ s Project is for the rehabilitation, and/or expansion of an existing facility on the Property, notwithstanding the repeal of the BHCIP statutes. The BHCIP statutes, as written on the date of this Agreement, are hereby incorporated by reference into this Agreement.

4. Sponsor Obligations to DHCS
For a minimum of 30 years, the Sponsor shall:

A. Ensure that the Facility operates in compliance with the requirements set forth in Welfare and Institutions Code sections 5960-5960.45 and Section 8.A of this Agreement; B. Comply with the change of Facility use requirements contained in Section 8.B. of this Agreement, if applicable;
C. Maintain all books, accounting records, client records, and documents in accordance with the requirements set forth in Section 8.C. of this Agreement; D. Provide DHCS access to the Property, the Facility, books, accounting records, client records, and documents in accordance with the requirements set forth in Section 8.D. of this Agreement;
E. Provide DHCS with reports in the manner and frequency set forth in Cal. Welfare and Institutions Code sections 5960-5960.45 and Section 8.E. of this Agreement; and F. Require, as a condition of sale, that any subsequent owners of the Property comply with the terms of this Agreement, if the Sponsor transfers ownership of Facility at any time during the 30 years.

5. Service Location
The services shall be performed at the Property.

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Facility Access Agreement
Behavioral Health Continuum Infrastructure Program (BHCIP) Round 4: Children and Youth

ATTACHMENT L FACILITY ACCESS AGREEMENT
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6. Service Hours
The services shall be provided during normal Sponsor working hours and days.

7. Project Representatives
A. The project representatives during the term of this Agreement will be:

Department of Health Care Services
Contract/Grant Manager: Holly Clifton
Telephone: (916) 345-7468
Fax: N/A
Email: [email protected]
Contractor's/Sponsor's Name
Contract/Grant Manager: Tom Bakaly
Telephone: +
Fax:

Email: [email protected]
B. Direct all inquiries to:

Department of Health Care Services
State of California
Attention: Behavioral Health Expansion
Branch, Community Services Division
1501 Capitol Avenue, MS 2635
Sacramento, CA 95814
Telephone: (916) 345-7468 Fax: N/A
Email: [email protected]
Contractor's/Sponsor's Name
Beach Cities Health District, formerly
known as South Bay Hospital District, a
governmental agency
Attention: Tom Bakaly
514 N Prospect Ave
Redondo Beach, CA 90277
Telephone: +
Fax:

Email: [email protected]
C. Either party may make changes to the information above by giving written notice to the other party. Said changes shall not require an amendment to this Agreement.

8. Services to be Performed
A. Operation of the Facility:

For a minimum of 30 years, the Sponsor shall comply with the following requirements:

1. Operate the Facility in accordance with all applicable requirements in Cal.

Welfare and Institutions Code sections 5960-5960.45;
DocuSign Envelope ID: 41A93F65-ABA6-48DA-AE12-47C88C74430C Department of Health Care Services
Grantee: Beach Cities Health District, formerly known as South Bay Hospital District, a governmental agency
Agreement #R4-22-1901

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Facility Access Agreement
Behavioral Health Continuum Infrastructure Program (BHCIP) Round 4: Children and Youth

ATTACHMENT L FACILITY ACCESS AGREEMENT
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2. Operate the Facility as the type of behavioral health services facility identified in the Sponsor's DHCS approved BHCIP grant application, and to serve the populations identified in Sponsor's DHCS approved BHCIP grant application unless otherwise approved by DHCS in the manner described in Section 4.B below; and

3. Accept Medi-Cal beneficiaries.

B. Change in Facility Use
If Sponsor wants to change the type of behavioral health facility that it operates on the Property to something other than what was approved in the Sponsor's BHCIP grant application, or to change or expand populations to be served by the facility, the Sponsor shall submit a written request to DHCS prior to making such a change.

The Sponsor's written request shall:

1. Identify the desired type of behavioral health facility;

2. Identify the populations to be served by the facility;

3. Explain the need for the proposed change;

4. Identify any licenses, certifications, building modifications, staff, or any other requirement that the Sponsor must obtain before being able to make the proposed change; and
DHCS has absolute discretion to permit or deny the request and may require the Sponsor to provide additional information to evaluate the Sponsor's request.

C. Record Retention

1. The Sponsor shall maintain books, accounting records, client records, and other documents, in a manner sufficient to properly reflect all direct and indirect costs of operating the Property during the term of this Agreement, including any matching costs and expenses. The foregoing constitutes "records" for the purpose of this provision.

2. The Sponsor's records and the Property's and Facility's records shall be subject at all reasonable times to inspection, audit, and reproduction by authorized representatives of the State of California, including DHCS or its authorized representatives.

3. The Sponsor agrees that departments authorized to represent the State of California (including DHCS, the Department of Finance or its authorized representatives, the Bureau of State Audits, or their designated representatives) and authorized representatives of the United States (including the Comptroller DocuSign Envelope ID: 41A93F65-ABA6-48DA-AE12-47C88C74430C Department of Health Care Services
Grantee: Beach Cities Health District, formerly known as South Bay Hospital District, a governmental agency
Agreement #R4-22-1901

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Facility Access Agreement
Behavioral Health Continuum Infrastructure Program (BHCIP) Round 4: Children and Youth

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General) shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. The Sponsor agrees to allow these state representatives access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, the Sponsor agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement. (Cal. Gov. Code § 8546.7, 2 CCR 1896.77.)

4. The Sponsor shall preserve and make available its records (1) for a period of three years from the expiration of this Agreement, and (2) for such longer period, if any, as is required by applicable statute, by any other provision of this Agreement. If any litigation, claim, negotiation, audit, or other action involving the records has been started before the expiration of the three-year period, the records shall be retained until completion of the action and resolution of all issues which arise from it, or until the end of the regular three-year period, whichever is later.

5. The Sponsor may, at its discretion, following the expiration of this Agreement, reduce its accounts, books and records related to this Agreement to microfilm, computer disk, CD ROM, DVD, or other data storage medium. Upon request by DHCS or an authorized DHCS representative to inspect, audit or obtain copies of said records, the Sponsor shall supply or make available applicable devices, hardware, and/or software necessary to view, copy and/or print said records.

Applicable devices may include, but are not limited to, microfilm readers and microfilm printers, etc.

D. DHCS Monitoring

1. DHCS, or its authorized representatives, has the right at all reasonable times to inspect the Property and the Facility. If DHCS exercises this right to inspect, the Sponsor shall provide access to the Property and the Facility, and shall provide reasonable assistance for the safety and convenience of the DHCS or its authorized representatives in the performance of their duties. All inspections and evaluations shall be performed in such a manner as will not unduly delay the work.

E. Proof of Insurance
Beginning five years after Sponsor enters into the contract with AHP, the Sponsor shall provide DHCS with proof of insurance for the Property annually or whenever there is a change in coverage.

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Facility Access Agreement
Behavioral Health Continuum Infrastructure Program (BHCIP) Round 4: Children and Youth

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F. Assignment of this Agreement Following the Transfer of Ownership of the Facility If at any time during the 30 year period of this Agreement, the Sponsor sells, gifts, or otherwise transfers ownership of the Property, in whole or in part, the Sponsor shall ensure that, as a condition of the ownership transfer, the subsequent owner of the Property complies with the terms of this Agreement.

Prior to finalizing any transfer of ownership of the Property, the Sponsor shall request that DHCS formally amend this Agreement to assign the Sponsor's obligations under this Agreement to the subsequent owner of the Property.

This Agreement is not assignable by the Sponsor, either in whole or in part, without the consent of DHCS.

G. Remedies
If the Sponsor violates the terms of this contract, DHCS or another department authorized to represent the State of California, may impose a corrective action plan and/or take any of the following enforcement actions:

1. Direct AHP to temporarily withhold any grant payments pending correction of the deficiency.

2. Disallow all or part of the cost of the activity or action not in compliance.

3. Direct AHP to wholly or partly suspend or terminate the grant award.

4. Withhold or deny further BHCIP awards to the Sponsor.

5. Require the Sponsor to forfeit and return all or part of the grant funds, including any interest, and/or

6. Require the Sponsor to forfeit and return all unused grant funds, including any interest.

DHCS (or another department authorized to represent the State of California) may specify the timeframes and deadlines for the Sponsor's compliance with the above remedies. All remedies required by DHCS shall be final and are not subject to administrative review.

DHCS (or another department authorized to represent the State of California) may take any other permissible remedies available in law and equity to enforce the terms of this Agreement.

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Facility Access Agreement
Behavioral Health Continuum Infrastructure Program (BHCIP) Round 4: Children and Youth

ATTACHMENT L FACILITY ACCESS AGREEMENT
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9. Americans with Disabilities Act
Contractor agrees to ensure that deliverables developed and produced, pursuant, to this Agreement shall comply with the accessibility requirements of Sections 7405 and 11135 of the California Government Code, Section 508 of the Rehabilitation Act of 1973 as amended (29 U.S.C. § 794d), regulations implementing the Rehabilitation Act of 1973 as set forth in Part 1194 of Title 36 of the Code of Federal Regulations, and the Americans with Disabilities Act of 1990 (42 U.S.C. § 12101 et seq.). In 1998, Congress amended the Rehabilitation Act of 1973 to require Federal agencies to make their electronic and information technology (EIT) accessible to people with disabilities. California Government Code Sections 7405 and 11135 codifies Section 508 of the Rehabilitation Act of 1973 requiring accessibility of EIT.

10. Agreement Execution
This Facility Access Agreement shall be signed by the California Department of Health Care Services and by a representative of Sponsor, who by signing warrants that they have the requisite authority to enter into this Agreement on behalf of Sponsor. This Agreement shall be effective as of the date that the complete document is signed or the date that the contract between Sponsor and AHP goes into effect, whichever date is later.

SIGNATURES ON THE FOLLOWING PAGE
DocuSign Envelope ID: 41A93F65-ABA6-48DA-AE12-47C88C74430C Department of Health Care Services
Grantee: Beach Cities Health District, formerly known as South Bay Hospital District, a governmental agency
Agreement #R4-22-1901

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Facility Access Agreement
Behavioral Health Continuum Infrastructure Program (BHCIP) Round 4: Children and Youth

ATTACHMENT L FACILITY ACCESS AGREEMENT
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Sponsor's Authorized Representative's Signature
Tom Bakaly, Chief Executive Officer
Sponsor Representative's Name in Print and Title
Date
DHCS Representative Signature
Holly Clifton, Section Chief
Community Services Division / Behavioral Health Continuum Infrastructure Program Section
DHCS Representative Name in Print and Title
Date
DocuSign Envelope ID: 41A93F65-ABA6-48DA-AE12-47C88C74430C 5/12/2023

ATTACHMENT M PERFORMANCE DEED OF TRUST
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Attachment M

PERFORMANCE DEED OF TRUST,

SECURITY AGREEMENT AND FIXTURE FILING

THIS PERFORMANCE DEED OF TRUST, SECURITY AGREEMENT AND FIXTURE FILING Performance Deed of Trust") is made as of _____________, 2023, by and among Beach Cities Health District, formerly known as South Bay Hospital District, a governmental agency (" Trustor"), None Title Company, a California corporation ("Trustee"), and the California Department of Health Care Services, a public agency of the State of California ("DHCS" and "Beneficiary"). Beneficiary or another authorized representative of the State of California designated by Beneficiary may enforce this instrument and take any remedies available in law or equity.

RECITALS
A. Trustor owns a fee title interest in that certain real property commonly known as 514 N.

Prospect Avenue, located in the City of Redondo Beach, County of Los Angeles, State of California, and the improvements thereon (the "Property"); as more particularly described and shown on Exhibit A attached hereto and incorporated herein by this reference; B. Beneficiary established the Behavioral Health Continuum Infrastructure Program BHCIP") to award competitive grants to qualified entities to construct, acquire, and rehabilitate real estate assets to build new capacity or expand existing capacity for facilities that will operate for a minimum of thirty (30) years to provide short-term crisis stabilization, acute and subacute care, crisis residential, community-based mental health residential, substance use disorder residential, peer respite, community and outpatient behavioral health services, and other clinically enriched longer term treatment and rehabilitation options for persons with behavioral health disorders in the least restrictive and least costly settings. On June 1, 2022, DHCS issued a Request for Applications ("RFA") for BHCIP Round 4 grant awards and selected Trustor's Project as a recipient of a BHCIP grant award.

Advocates for Human Potential, Inc., a Massachusetts corporation ("AHP"), acting as an authorized agent for DHCS and program administrator for BHCIP, entered into a Program Funding Agreement (the Program Funding Agreement") dated________, with Trustor for the distribution of BHCIP Program Funds to Trustor to acquire, expand, or construct certain improvements on the Property to operate behavioral health services in the BHCIP financed facility ("Trustor's Project"), as described in Exhibit B attached hereto, for a minimum of thirty (30) years. AHP will disburse funds to Trustor in accordance

RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:

Advocates for Human Potential, Inc.
490-B Boston Post Road
Sudbury, MA 01776-3365
Attention: Legal Department

NO FEE FOR RECORDING PURSUANT TO
GOVERNMENT CODE SECTION 27383

SPACE ABOVE THIS LINE FOR RECORDER'S USE
DocuSign Envelope ID: 41A93F65-ABA6-48DA-AE12-47C88C74430C

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with the terms of the Program Funding Agreement (in an amount not to exceed Six Million Three Hundred Thirty-Six Thousand Seven Hundred Two 00/100 Dollars ($6,336,702.00) (the "Program Funds");
C. The Property is subject to the requirements of the BHCIP (authorized under Welfare and Institutions Code Sections 5960-5960.45, established by California Assembly Bill No. 133 (Chapter 143, Statutes of 2021) and will remain subject to BHCIP for a term for thirty (30) years notwithstanding the repeal of the BHCIP authorizing statutes.

D. As a condition of receiving the Program Funds, the Beneficiary is requiring Trustor to execute and record against the Trustor's fee interest in the Property, a Regulatory Agreement and Declaration of Restrictions dated________________ ( the "Declaration of Restrictions") limiting the use of the Property to certain restricted uses for a minimum of thirty (30) years. The Declaration of Restrictions is required to be secured by this Performance Deed of Trust encumbering Trustor's fee interest in the Property.

E. Trustor has agreed to execute and deliver to Beneficiary this Performance Deed of Trust as security for the performance of all obligations of Trustor under the Program Funding Agreement, and the Declaration of Restrictions (collectively, this Performance Deed of Trust, the Program Funding Agreement, and the Declaration of Restrictions shall be referred to herein as the "Program Documents") and any and all modifications, extensions, amendments, replacements thereto, and under any other instrument or agreement entered into by and between Beneficiary and Trustor related to the Property.

NOW, THEREFORE, in consideration of the foregoing and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Trustor hereby covenants, agrees, and declares the following:

ARTICLE 1

GRANT OF SECURITY INTEREST
Section 1.1 Grant of Security Interest.

By executing and delivering this Performance Deed of Trust, the Trustor irrevocably grants to the Trustee, in trust for the benefit of the Beneficiary as security for the performance of the obligations described in Section 1.2, with a power of sale, and subject to the terms of this Performance Deed of Trust, all of Trustor's interests, estates, rights, and claims in or to the Security whether the interest, estate, right, or claim is held by the Trustor as of the date of this Deed of Trust or arises in the future.

Security means:
a) Trustor's fee interest in the Property;
b) all interest, estates or other claims, both in law and in equity which Trustor now has or may hereafter acquire in the Property;
DocuSign Envelope ID: 41A93F65-ABA6-48DA-AE12-47C88C74430C

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c) all easements, rights-of-way and rights used in connection therewith or as a means of access thereto, including (without limiting the generality of the foregoing) all tenements, hereditaments and appurtenances thereof and thereto;
d) any and all buildings and improvements of every kind and description now or hereafter erected thereon, and all property of Trustor now or hereafter affixed to or placed upon the Property;
e) all building materials and equipment now or hereafter delivered to said property and intended to be installed therein;
f) all right, title and interest of Trustor, now owned or hereafter acquired, in and to any land lying within the right-of-way of any street, open or proposed, adjoining the Property, and any and all sidewalks, alleys and strips and areas of land adjacent to or used in connection with the Property; g) all estate, interest, right, title, other claim or demand, of every nature, in and to such property, including the Property, both in law and in equity, including, but not limited to, all deposits made with or other security given by Trustor to utility companies, the proceeds from any or all of such property, including the Property, claims or demands with respect to the proceeds of insurance in effect with respect thereto, which Trustor now has or may hereafter acquire, any and all awards made for the taking by eminent domain or by any proceeding or purchase in lieu thereof of the whole or any part of such property;
h) all of Trustor's interest in all articles of personal property or fixtures now or hereafter attached to or used in and about the building or buildings now erected or hereafter to be erected on the Property which are necessary to the complete and comfortable use and occupancy of such building or buildings for the purposes for which they were or are to be erected, including all other goods and chattels and personal property as are ever used or furnished in operating a building, or the activities conducted therein, similar to the one herein described and referred to, and all renewals or replacements thereof or articles in substitution therefor, whether or not the same are, or shall be attached to said building or buildings in any manner; and
i) all of Trustor's interest in all building materials, fixtures, equipment, work in process and other personal property to be incorporated into the Property; all goods, materials, supplies, fixtures, equipment, machinery, furniture and furnishings, signs and other personal property now or hereafter appropriated for use on the Property, whether stored on the Property or elsewhere, and used or to be used in connection with the Property; all rents, issues and profits, and all inventory, accounts, accounts receivable, contract rights, general intangibles, chattel paper, instruments, documents, notes, drafts, letters of credit, insurance policies, insurance and condemnation awards and proceeds, trade names, trademarks and service marks arising from or related to the Property and any business conducted thereon by Trustor; all replacements, additions, accessions and proceeds; and all books, records and files relating to any of the foregoing.

Section 1.2 Secured Obligations.

The grant made in Section 1.1 is made as security for the following obligations of Trustor:

DocuSign Envelope ID: 41A93F65-ABA6-48DA-AE12-47C88C74430C

ATTACHMENT M PERFORMANCE DEED OF TRUST
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a) Due, prompt and complete observance, performance and discharge of each and every obligation, covenant or agreement of Trustor contained herein and in the other Program Documents and any and all modifications, extensions, amendments, replacements thereto, and contained in any other instrument or agreement entered into between Beneficiary and Trustor relating to the Property, which documents are incorporated herein by reference; and b) Operate behavioral health services in Trustor's Project on the Property, as described in Exhibit B attached hereto, for a minimum of thirty (30) years, subject to any use modifications or use changes approved by DHCS and duly recorded as amendments to this instrument. c) Payment of any sums advanced by Beneficiary to protect the Security pursuant to the terms and provisions of this Performance Deed of Trust following a breach of Trustor's obligation to advance said sums and the expiration of any applicable cure period, with interest thereon as provided herein.

ARTICLE 2

MAINTENANCE AND MODIFICATION

OF THE PROPERTY AND SECURITY
Section 2.1 Maintenance and Modification of the Property by Trustor.

The Trustor agrees that at all times prior to the expiration or early termination of the Program Documents, the Trustor will, at the Trustor's own expense, maintain, preserve and keep the Security or cause the Security to be maintained and preserved in good condition. The Trustor will from time to time make or cause to be made all repairs, replacements and renewals deemed proper and necessary by it.

The Beneficiary shall have no responsibility in any of these matters or for the making of improvements or additions to the Security.

Trustor agrees to pay fully and discharge (or cause to be paid fully and discharged) all claims for labor done and for material and services furnished in connection with the Security, diligently to file or procure the filing of a valid notice of cessation upon the event of a cessation of labor on the work or construction on the Security for a continuous period of thirty (30) days or more, and to take all other reasonable steps to forestall the assertion of claims of lien against the Security of any part thereof.

Trustor irrevocably appoints, designates and authorizes Beneficiary as its agent (said agency being coupled with an interest) with the authority, but without any obligation, to file or record any notices of completion or cessation of labor or any other notice that Beneficiary reasonably deems necessary or desirable to protect its interest in and to the Security or the Program Documents; provided, however, that Beneficiary shall exercise its rights as agent of Trustor only in the event that Trustor shall fail to take, or shall fail to diligently continue to take, those actions as hereinbefore provided, and all such rights of Beneficiary shall be subject to the rights of senior lenders approved by Beneficiary.

Upon demand by Beneficiary, Trustor shall make or cause to be made such demands or claims as Beneficiary shall specify upon laborers, materialmen, subcontractors or other persons who have furnished or claim to have furnished labor, services or materials in connection with the Security.

Nothing herein contained shall require Trustor to pay any claims for labor, materials or services which Trustor in good faith disputes and is diligently contesting provided that Trustor, upon written request of DocuSign Envelope ID: 41A93F65-ABA6-48DA-AE12-47C88C74430C

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Beneficiary, shall, within thirty (30) days after the filing of any claim of lien, record in the Office of the Recorder of Los Angeles County, a surety bond in an amount 1 and 1/2 times the amount of such claim item to protect against a claim of lien.

Section 2.2 Granting of Easements.

Trustor may not grant easements, licenses, rights-of-way or other rights or privileges in the nature of easements with respect to any property or rights included in the Security except those required or desirable for installation and maintenance of public utilities including, without limitation, water, gas, electricity, sewer, telephone and telegraph, or those required by law and as approved, in writing, by Beneficiary, which approval shall not be unreasonably delayed, conditioned, or withheld.

ARTICLE 3
TAXES AND INSURANCE; ADVANCES
Section 3.1 Taxes, Other Governmental Charges and Utility Charges.

Trustor shall pay, or cause to be paid, at such times and in such manner as to prevent any penalty from accruing, or any lien or charge from attaching, all taxes, assessments, charges and levies imposed by any public authority or utility company which are or may become a lien affecting the Security or any part thereof; provided, however, that Trustor shall not be required to pay and discharge any such tax, assessment, charge or levy so long as: ( a) the legality thereof shall be promptly and actively contested in good faith and by appropriate proceedings; and (b) Trustor maintains reserves adequate to pay any liabilities contested pursuant to this Section. With respect to taxes, special assessments or other similar governmental charges, Trustor shall pay such amount in full prior to the attachment of any lien therefor on any part of the Security; provided, however, if such taxes, assessments or charges may be paid in installments, Trustor may pay in such installments. Except as provided in clause (b) of the first sentence of this paragraph, the provisions of this Section shall not be construed to require that Trustor maintain a reserve account, escrow account, impound account or other similar account for the payment of future taxes, assessments, charges and levies.

In the event that Trustor shall fail to timely pay any of the foregoing items required by this Section to be paid by Trustor, Beneficiary may (but shall be under no obligation to) pay the same, after Beneficiary has notified Trustor of such failure to pay and Trustor fails to fully pay such items within seven (7) business days after receipt of such notice. Any amount so advanced therefor by Beneficiary, together with interest thereon from the date of such advance at the maximum rate permitted by law, shall become an additional obligation of Trustor to Beneficiary and shall be secured hereby, and Trustor agrees to pay all such amounts.

Section 3.2 Provisions Respecting Insurance.

Trustor agrees to acquire and maintain insurance conforming in all respects to that required under the Program Documents during the course of any construction and operation of the improvements located on the Property, and at all times until all obligations secured hereunder are fulfilled and all amounts secured have been paid, and this Performance Deed of Trust is reconveyed.

DocuSign Envelope ID: 41A93F65-ABA6-48DA-AE12-47C88C74430C

ATTACHMENT M PERFORMANCE DEED OF TRUST
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All such insurance policies and coverages shall be maintained at Trustor's sole cost and expense.

Certificates of insurance for all of the above insurance policies, showing the same to be in full force and effect, shall be delivered to Beneficiary upon demand therefor at any time prior to the expiration of the Program Documents.

Section 3.3 Advances.

In the event Trustor shall fail to acquire and/or maintain the full insurance coverage required by this Performance Deed of Trust or shall fail to keep the Security in accordance with the Program Documents, Beneficiary, after at least seven (7) days prior notice to Trustor, may (but shall be under no obligation to) take out the required policies of insurance and pay the premiums on the same or may make such repairs or replacements as are necessary and provide for payment thereof; and all amounts so advanced therefor by Beneficiary shall become an additional obligation of Trustor to Beneficiary together with interest as set forth below) and shall be secured hereby, which amounts Trustor agrees to pay on the demand of Beneficiary, and if not so paid, shall bear interest from the date of the advance at the lesser of ten percent (10%) per annum or the maximum rate permitted by law until paid in full by Trustor.

ARTICLE 4

DAMAGE, DESTRUCTION OR CONDEMNATION
Section 4.1 Awards and Damages.

Subject to the rights of senior mortgage lenders approved by Beneficiary, all judgments, awards of damages, settlements and compensation made in connection with or in lieu of: (a) taking of all or any part of or any interest in the Property by or under assertion of the power of eminent domain; (b) any damage to or destruction of the Property or in any part thereof by insured casualty; and (c) any other injury or damage to all or any part of the Property (collectively, the "Funds") are hereby assigned to and shall be paid directly to Beneficiary by a wire transfer or check made payable to Beneficiary.

Beneficiary is authorized and empowered (but not required) to collect and receive any such Funds and is authorized to apply them in whole or in part upon any indebtedness or obligation secured hereby, in such order and manner as Beneficiary shall determine at its sole option. Beneficiary shall be entitled to settle and adjust all claims under insurance policies provided under this Performance Deed of Trust and may deduct and retain from the proceeds of such insurance the amount of all expenses incurred by it in connection with any such settlement or adjustment. All or any part of the amounts so collected and recovered by Beneficiary may be released to Trustor upon such conditions as Beneficiary may impose for its disposition, and Beneficiary agrees to release the Funds to Trustor to rebuild the improvements located on the Property provided Trustor demonstrates to Beneficiary that such rebuilding is economically feasible. Application of all or any part of the Funds collected and received by Beneficiary or the release thereof shall not cure or waive any default under this Performance Deed of Trust. All rights of Beneficiary under this Section are subject to the rights of any senior mortgage lender approved by Beneficiary.

ARTICLE 5
AGREEMENTS AFFECTING THE PROPERTY; FURTHER ASSURANCES
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Section 5.1 Other Agreements Affecting Property.

Trustor shall duly and punctually perform all terms, covenants, conditions and agreements binding upon it under the Program Documents and any other agreement of any nature whatsoever now or hereafter involving or affecting the Security or any part thereof.

Section 5.2 Agreement to Pay Attorneys' Fees and Expenses.

In the event of any Event of Default (as defined below) hereunder, and if Beneficiary should employ attorneys or incur other expenses for the collection of any amounts due or the enforcement of performance or observance of an obligation or agreement on the part of Trustor in this Performance Deed of Trust, Trustor agrees that it shall, on demand therefor, pay to Beneficiary the reasonable fees of such attorneys and such other reasonable expenses so incurred by Beneficiary; and any such amounts paid by Beneficiary shall be added to the indebtedness secured by the lien of this Performance Deed of Trust, and shall bear interest from the date such expenses are incurred at the lesser of ten percent (10%) per annum or the maximum rate permitted by law.

Section 5.3 Personal Property.

To the maximum extent permitted by law, the personal property subject to this Performance Deed of Trust shall be deemed to be fixtures and part of the Property and this Performance Deed of Trust shall constitute a fixtures filing under the California Uniform Commercial Code. As to any personal property not deemed or permitted to be fixtures, this Performance Deed of Trust shall constitute a security agreement under the California Uniform Commercial Code.

Section 5.4 Financing Statement.

Trustor shall execute and deliver to Beneficiary such financing statements pursuant to the appropriate statutes, and any other documents or instruments as are required to convey to Beneficiary a valid perfected security interest in the Security. Trustor agrees to perform all acts which Beneficiary may reasonably request so as to enable Beneficiary to maintain such valid perfected security interest in the Security in order to secure Trustor's obligations under the Program Documents. Beneficiary is authorized to file a copy of any such financing statements or any other documents or instruments in any jurisdiction(s) as it shall deem appropriate from time to time in order to protect the security interest established pursuant to this instrument.

Section 5.5 Operation of the Security.

Trustor shall be solely responsible for operating the Security (and, in case of a transfer of a portion of the Security subject to this Performance Deed of Trust, the transferee shall operate such portion of the Security) in full compliance with the Program Documents.

Section 5.6 Inspection of the Security.

At any and all reasonable times upon forty-eight (48) hours' notice, Beneficiary and its duly authorized agents, attorneys, experts, engineers, accountants and representatives, shall have the right, DocuSign Envelope ID: 41A93F65-ABA6-48DA-AE12-47C88C74430C

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without payment of charges or fees, to inspect the Security, provided, however, that any such inspection shall not unreasonably disturb any tenants or other occupants of the Property.

Section 5.7 Nondiscrimination.

Trustor herein covenants by and for itself, its heirs, executors, administrators, successors and 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, age, sex, sexual orientation, marital status, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Security, nor shall Trustor itself or any person claiming under or through it establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the Security. The foregoing covenants shall run with the land.

ARTICLE 6

HAZARDOUS WASTE
Trustor shall keep and maintain the Property in compliance with, and shall not cause or permit the Property to be in violation of any federal, state or local laws, ordinances or regulations relating to industrial hygiene or to the environmental conditions on, under or about the Property including, but not limited to, soil and ground water conditions. Trustor shall not use, generate, manufacture, store or dispose of on, under, or about the Property or transport to or from the Property any flammable explosives, radioactive materials, hazardous wastes, toxic substances or related materials, including without limitation, any substances defined as or included in the definition of "hazardous substances," hazardous wastes," " hazardous materials," or "toxic substances" under any applicable federal or state laws or regulations (collectively referred to hereinafter as " Hazardous Materials") except such of the foregoing as may be customarily and lawfully kept and used in the rehabilitation and/or operation of the Property or as may be customarily kept and used in and about facilities such as the Property.

Trustor shall immediately advise Beneficiary in writing if at any time it receives written notice of (i) any and all enforcement, cleanup, removal or other governmental or regulatory actions instituted, completed or threatened against Trustor or the Property pursuant to any applicable federal, state or local laws, ordinances, or regulations relating to any Hazardous Materials ("Hazardous Materials Law"); (ii) all claims made or threatened by any third party against Trustor or the Property relating to damage, contribution, cost recovery compensation, loss or injury resulting from any Hazardous Materials (the matters set forth in clauses (i) and (ii) above hereinafter referred to a " Hazardous Materials Claims"); and (iii) Trustor's discovery of any occurrence or condition on any real property adjoining or in the vicinity of the Property that could cause the Property or any part thereof to be classified as " border-zone property" under the provision of California Health and Safety Code, Sections 25220 et seq., or any regulation adopted in accordance therewith, or to be otherwise subject to any restrictions on the ownership, occupancy, transferability or use of the Property under any Hazardous Materials Law.

Beneficiary shall have the right to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims and to have its reasonable attorneys' fees in connection therewith paid by Trustor. Trustor shall indemnify, defend, and hold harmless Beneficiary and its board members, supervisors, directors, officers, employees, agents, successors and assigns from and against any loss, damage, cost, expense or liability directly or indirectly arising out of or attributable to the use, generation, storage, release, threatened release, discharge, DocuSign Envelope ID: 41A93F65-ABA6-48DA-AE12-47C88C74430C

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disposal, or presence of Hazardous Materials on, under, or about the Property including without limitation: (a) all foreseeable consequential damages; (b) the costs of any required or necessary repair, remediation, cleanup or detoxification of the Property and the preparation and implementation of any closure, remedial or other required plans; and (c) all reasonable costs and expenses incurred by Beneficiary in connection with clauses (a) and (b), including but not limited to reasonable attorneys' fees.

Without Beneficiary's prior written consent, which shall not be unreasonably withheld, Trustor shall not take any remedial action in response to the presence of any Hazardous Materials on, under or about the Property, nor enter into any settlement agreement, consent decree, or other compromise with respect to any Hazardous Material Claims, which remedial action, settlement, consent decree or compromise might, in Beneficiary's reasonable judgement, impair the value of Beneficiary's security hereunder; provided, however, that Beneficiary's prior consent shall not be necessary in the event that the presence of Hazardous Materials on, under, or about the Property either poses an immediate threat to the health, safety or welfare of any individual or is of such a nature that an immediate remedial response is necessary and it is not reasonably possible to obtain Beneficiary's consent before taking such action, provided that in such event Trustor shall notify Beneficiary as soon as practicable of any action so taken. Beneficiary agrees not to withhold its consent, where such consent is required hereunder, if either: (i) a particular remedial action is ordered by a court of competent jurisdiction; (ii) Trustor will or may be subjected to civil or criminal sanctions or penalties if it fails to take a required action; (iii) Trustor establishes to the reasonable satisfaction of Beneficiary that there is no reasonable alternative to such remedial action which would result in less impairment of Beneficiary's security hereunder; or (iv) the action has been agreed to by Beneficiary.

Trustor hereby acknowledges and agrees that: (i) this Article is intended as Beneficiary's written request for information (and Trustor's response) concerning the environmental condition of the Property as required by California Code of Civil Procedure Section 726.5; and (ii) each representation and warranty in this Performance Deed of Trust or any of the other Program Documents (together with any indemnity applicable to a breach of any such representation and warranty) with respect to the environmental condition of the property is intended by Beneficiary and Trustor to be an "environmental provision" for purposes of California Code of Civil Procedure Section 736.

In the event that any portion of the Property is determined to be "environmentally impaired" (as that term is defined in California Code of Civil Procedure Section 726.5(e)(3)) or to be an "affected parcel" ( as that term is defined in California Code of Civil Procedure Section 726.5(e)(1)), then, without otherwise limiting or in any way affecting Beneficiary's or Trustee's rights and remedies under this Performance Deed of Trust, Beneficiary may elect to exercise its rights under California Code of Civil Procedure Section 726.5(a) to (1) waive its lien on such environmentally impaired or affected portion of the Property and (2) exercise (a) the rights and remedies of an unsecured creditor, including reduction of its claim against Trustor to judgment, and (b) any other rights and remedies permitted by law. For purposes of determining Beneficiary's right to proceed as an unsecured creditor under California Code of Civil Procedure Section 726.5(a), Trustor shall be deemed to have willfully permitted or acquiesced in a release or threatened release of hazardous materials, within the meaning of California Code of Civil Procedure Section 726.5(d)(1), if the release or threatened release of hazardous materials was knowingly or negligently caused or contributed to by any lessee, occupant, or user of any portion of the Property and Trustor knew or should have known of the activity by such lessee, occupant, or user which caused DocuSign Envelope ID: 41A93F65-ABA6-48DA-AE12-47C88C74430C

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or contributed to the release or threatened release. All costs and expenses, including (but not limited to) attorneys' fees, incurred by Beneficiary in connection with any action commenced under this paragraph, including any action required by California Code of Civil Procedure Section 726.5(b) to determine the degree to which the Property is environmentally impaired, plus interest thereon at the lesser of ten percent (10%) or the maximum rate permitted by law, until paid, shall be added to the indebtedness secured by this Performance Deed of Trust and shall be due and payable to Beneficiary upon its demand made at any time following the conclusion of such action.

Trustor is aware that California Civil Code Section 2955.5(a) provides as follows: "No lender shall require a borrower, as a condition of receiving or maintaining a loan secured by real property, to provide hazard insurance coverage against risks to the improvements on that real property in an amount exceeding the replacement value of the improvements on the property.

ARTICLE 7

EVENTS OF DEFAULT AND REMEDIES
Section 7.1 Events of Default.

The following shall constitute Events of Default following the expiration of any applicable notice and cure periods: (a) failure to observe or perform any of Trustor's covenants, agreements or obligations under this Performance Deed of Trust; (b) violation of any of the covenants, agreements or obligations under any of the other Program Documents; or (c) failure to make any payment or perform any of Trustor's other covenants, agreements, or obligations under any other debt instruments or regulatory agreement secured by the Property, which default shall not be cured within the times and in the manner provided therein.

Section 7.2 Beneficiary's Right to Enter and Take Possession.

All rights of Beneficiary under this Section are subject to the rights of any senior mortgage lender approved by Beneficiary. If an Event of Default shall have occurred and be ongoing, Beneficiary may:
a) Either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed by a court, and without regard to the adequacy of its security, enter upon the Security and take possession thereof (or any part thereof) and of any of the Security, in its own name or in the name of Trustee, and do any acts which it deems necessary or desirable to preserve the value or marketability of the Property, or part thereof or interest therein, increase the income therefrom or protect the security thereof. The entering upon and taking possession of the Security shall not cure or waive any Event of Default or Notice of Default (as defined below) hereunder or invalidate any act done in response to such Event of Default or pursuant to such Notice of Default and, notwithstanding the continuance in possession of the Security, Beneficiary shall be entitled to exercise every right provided for in this Performance Deed of Trust, or by law upon occurrence of any Event of Default, including the right to exercise the power of sale;
b) Commence an action to foreclose this Performance Deed of Trust as a mortgage, appoint a receiver, or specifically enforce any of the covenants hereof; DocuSign Envelope ID: 41A93F65-ABA6-48DA-AE12-47C88C74430C

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c) Deliver to Trustee a written declaration of default and demand for sale, and a written notice of default and election to cause Trustor's interest in the Security to be sold ("Notice of Default and Election to Sell"), which notice Trustee or Beneficiary shall cause to be duly filed for record in the Official Records of the county in the jurisdiction where the Property is located; or d) Exercise any and all other rights and remedies provided herein, in the instruments by which Trustor acquires title to any Security, or in any other document or agreement now or hereafter evidencing, creating or securing all or any portion of the obligations secured hereby, or provided by law or equity.
e) Notwithstanding the above, at its election, Beneficiary may exercise the remedies of specific performance or injunctive relief at any time in the event of a default under or breach of the terms of the Program Documents.

Section 7.3 Foreclosure By Power of Sale.
a) Should Beneficiary elect to foreclose by exercise of the power of sale herein contained, Beneficiary shall give notice to Trustee (the "Notice of Sale") and shall deposit with Trustee this Performance Deed of Trust which is secured hereby (and the deposit of which shall be deemed to constitute evidence that the performance obligations or sums due under the Program Documents are immediately required, or due and payable), and such receipts and evidence of any expenditures made that are additionally secured hereby as Trustee may require. b) Upon receipt of such notice from Beneficiary, Trustee shall cause to be recorded, published and delivered to Trustor such Notice of Default and Election to Sell as then required by law and by this Performance Deed of Trust. Trustee shall, without demand on Trustor, after lapse of such time as may then be required by law or equity and after recordation of such Notice of Default and Election to Sell and after Notice of Sale having been given as required by law, sell the Security, at the time and place of sale fixed by it in said Notice of Sale, whether as a whole or in separate lots or parcels or items as Trustee shall deem expedient and in such order as it may determine unless specified otherwise by Trustor according to California Civil Code Section 2924g(b), at public auction to the highest bidder, for cash in lawful money of the United States payable at the time of sale. Trustee shall deliver to such purchaser or purchasers thereof its good and sufficient deed or deeds conveying the property so sold, but without any covenant or warranty, express or implied. The recitals in such deed or any matters of facts shall be conclusive proof of the truthfulness thereof. Any person, including, without limitation, Trustor, Trustee or Beneficiary, may purchase at such sale, and Trustor hereby covenants to warrant and defend the title of such purchaser or purchasers. c) After deducting all reasonable costs, fees and expenses of Trustee, including costs of evidence of title in connection with such sale, Trustee shall apply the proceeds of sale to payment of:
1) amounts due to Beneficiary with respect to the Program Documents, including the amounts set forth in Section 6.2 above; (2) all other sums then secured hereby; and (3) the remainder, if any, to Trustor. d) Trustee may postpone sale of all or any portion of the Property by public announcement at such time and place of sale, and from time to time thereafter, and without further DocuSign Envelope ID: 41A93F65-ABA6-48DA-AE12-47C88C74430C

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notice make such sale at the time fixed by the last postponement, or may, in its discretion, give a new Notice of Sale.

Section 7.4 Receiver.

If an Event of Default shall have occurred and be continuing, Beneficiary, as a matter of right and without further notice to Trustor or anyone claiming under the Security, and without regard to the then value of the Security or the interest of Trustor therein, shall have the right to apply to any court having jurisdiction to appoint a receiver or receivers of the Security (or a part thereof), and Trustor hereby irrevocably consents to such appointment and waives further notice of any application therefor.

Any such receiver or receivers shall have all the usual powers and duties of receivers in like or similar cases, and all the powers and duties of Beneficiary in case of entry as provided herein, and shall continue as such and exercise all such powers until the date of confirmation of sale of the Security, unless such receivership is sooner terminated.

Section 7.5 Remedies Cumulative.

No right, power or remedy conferred upon or reserved to Beneficiary by this Performance Deed of Trust is intended to be exclusive of any other right, power or remedy, but each and every such right, power and remedy shall be cumulative and concurrent and shall be in addition to any other right, power and remedy given hereunder or now or hereafter existing at law or in equity.

Section 7.6 No Waiver.
a) No delay or omission of Beneficiary to exercise any right, power or remedy accruing upon any Event of Default shall exhaust or impair any such right, power or remedy, or shall be construed to be a waiver of any such Event of Default or acquiescence therein; and every right, power and remedy given by this Performance Deed of Trust to Beneficiary may be exercised from time to time and as often as may be deemed expeditious by Beneficiary. Beneficiary 's express or implied consent to a breach by Trustor, or a waiver of any obligation of Trustor hereunder shall not be deemed or construed to be a consent to any subsequent breach, or further waiver, of such obligation or of any other obligations of Trustor hereunder. Failure on the part of Beneficiary to complain of any act or failure to act or to declare an Event of Default, irrespective of how long such failure continues, shall not constitute a waiver by beneficiary of its right hereunder or impair any rights, power or remedies consequent on any Event of Default by Trustor.
b) If Beneficiary (1) grants forbearance or an extension of time for the payment or performance of any of Trustor's obligations secured hereby; (2) takes other or additional security or the payment of any sums secured hereby; (3) waives or does not exercise any right granted in the Program Documents; (4) releases any part of the Security from the lien of this Performance Deed of Trust, or otherwise changes any of the terms, covenants, conditions or agreements in the Program Documents; (5) consents to the granting of any easement or other right affecting the Security; (6) makes or consents to any agreement subordinating the lien hereof, any such act or omission shall not release, discharge, modify, change or affect the original liability under this Performance Deed of Trust, or any other obligation of Trustor or any subsequent purchaser of the Security or any part thereof, or any maker, cosigner, endorser, surety or guarantor (unless expressly released); nor shall any such act or omission DocuSign Envelope ID: 41A93F65-ABA6-48DA-AE12-47C88C74430C

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preclude Beneficiary from exercising any right, power or privilege herein granted or intended to be granted in any Event of Default then made or of any subsequent Event of Default, nor, except as otherwise expressly provided in an instrument or instruments executed by Beneficiary shall the lien of this Performance Deed of Trust be altered thereby.

Section 7.7 Suits to Protect the Security.

Beneficiary shall have power to: (a) institute and maintain such suits and proceedings as it may deem expedient to prevent any impairment of the Security and the rights of beneficiary as may be unlawful or any violation of this Performance Deed of Trust; (b) preserve or protect its interest (as described in this Performance Deed of Trust) in the Security; and (c) restrain the enforcement of or compliance with any legislation or other governmental enactment, rule or order that may be unconstitutional or otherwise invalid, if the enforcement for compliance with such enactment, rule or order would impair the Security thereunder or be prejudicial to the interest of Beneficiary.

Section 7.8 Trustee May File Proofs of Claim.

In the case of any receivership, insolvency, bankruptcy, reorganization, arrangement, adjustment, composition or other proceedings affecting Trustor, its creditors or its property, Trustee, to the extent permitted by law, shall be entitled to file such proofs of claim and other documents as may be necessary or advisable in order to have the claims of Beneficiary allowed in such proceedings and for any additional amount which may become due and payable by Trustor hereunder after such date.

Section 7.9 Waiver.

Trustor waives presentment, demand for payment, notice of dishonor, notice of protest and nonpayment, protest, notice of interest on interest and late charges, and diligence in taking any action to collect any sums owing under the Program Documents or in proceedings against the Security, in connection with the delivery, acceptance, performance, default, endorsement or guaranty of this Performance Deed of Trust.

ARTICLE 8

MISCELLANEOUS
Section 8.1 Amendments.

This instrument cannot be waived, changed, discharged or terminated orally, but only by an instrument in writing signed by Beneficiary and Trustor.

Section 8.2 Reconveyance by Trustee.

Upon written request of Beneficiary stating that all obligations secured hereby have been performed in full, and upon expiration of the Trustor's performance of the behavioral health services use restriction on the Trustor's facility for a minimum of thirty (30) years, and upon surrender of this Performance Deed of Trust to Trustee for cancellation and retention, and upon payment by Trustor of DocuSign Envelope ID: 41A93F65-ABA6-48DA-AE12-47C88C74430C

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Trustee's reasonable fees, Trustee shall reconvey the Security to Trustor, or to the person or persons legally entitled thereto.

Section 8.3 Notices.

If at any time after the execution of this Performance Deed of Trust it shall become necessary or convenient for one of the parties hereto to serve any notice, demand or communication upon the other party, such notice, demand or communication shall be in writing and shall be served personally or by depositing the same in the registered United States mail, return receipt requested, postage prepaid and (1) if intended for Beneficiary shall be addressed to:

State of California
California Department of Health Care Services
1501 Capitol Ave. MS 2635
Sacramento, CA 95814
Attention: Behavioral Health Expansion Branch
with a copy to:

Advocates for Human Potential, Inc. (AHP)
490-B Boston Post Road
Sudbury, MA 01776-3365
Attention: Legal Department
and (2) if intended for Trustor shall be addressed to:

Beach Cities Health District, formerly known as South Bay Hospital District, a governmental agency
514 N. Prospect Avenue
Redondo Beach, CA 90277
Attention: Tom Bakaly, Chief Executive Officer
with a copy to:

Robert F. Miller, Robert W. Lundy Jr.

Hooper, Lundy & Bookman, P.C.
1875 Century Park East, Suite 1600
Los Angeles California 90067
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Any notice, demand or communication shall be deemed given, received, made or communicated on the date personal delivery is effected or, if mailed in the manner herein specified, on the delivery date or date delivery is refused by the addressee, as shown on the return receipt. Either party may change its address at any time by giving written notice of such change to Beneficiary or Trustor as the case may be, in the manner provided herein, at least ten (10) days prior to the date such change is desired to be effective.

Copies of notices to Trustor from Beneficiary shall also be provided by Beneficiary to any senior lender and any limited partner of Trustor who requests such notice in writing and provides Beneficiary with written notice of its address in accordance with this Section.

Section 8.4 Successors and Joint Trustors.

Where an obligation created herein is binding upon Trustor, the obligation shall also apply to and bind any transferee or successors in interest. Where the terms of the Performance Deed of Trust have the effect of creating an obligation of Trustor and a transferee, such obligation shall be deemed to be joint and several obligations of Trustor and such transferee. Where Trustor is more than one entity or person, all obligations of Trustor shall be deemed to be a joint and several obligations of each and every entity and person comprising Trustor.

Section 8.5 Captions.

The captions or headings at the beginning of each Section hereof are for the convenience of the parties and are not a part of this Performance Deed of Trust.

Section 8.6 Invalidity of Certain Provisions.

Every provision of this Performance Deed of Trust is intended to be severable. In the event any term or provision hereof is declared to be illegal or invalid for any reason whatsoever by a court or other body of competent jurisdiction, such illegality or invalidity shall not affect the balance of the terms and provisions hereof, which terms and provisions shall remain binding and enforceable. If the lien of this Performance Deed of Trust is invalid or unenforceable as to any part of the debt, or if the lien is invalid or unenforceable as to any part of the Security, the unsecured or partially secured portion of the debt, and all payments made on the debt, whether voluntary or under foreclosure or other enforcement action or procedure, shall be considered to have been first paid or applied to the full payment of that portion of the debt which is not secured or partially secured by the lien of this Performance Deed of Trust.

Section 8.7 Governing Law.

This Performance Deed of Trust shall be governed by and construed in accordance with the laws of the State of California. Any action brought claiming a breach of this agreement or interpreting this Performance Deed of Trust shall be brought and venued in Sacramento County, California.

Section 8.8 Gender and Number.

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In this Performance Deed of Trust the singular shall include the plural and the masculine shall include the feminine and neuter and vice versa, if the context so requires.

Section 8.9 Performance Deed of Trust, Mortgage.

Any reference in this Performance Deed of Trust to a mortgage shall also refer to a Performance Deed of Trust and any reference to a Performance Deed of Trust shall also refer to a mortgage.

Section 8.10 Actions.

Trustor agrees to appear in and defend any action or proceeding purporting to affect the Security.

Section 8.11 Substitution of Trustee.

Beneficiary may from time to time substitute a successor or successors to any Trustee named herein or acting hereunder to execute this Performance Deed of Trust. Upon such appointment, and without conveyance to the successor trustee, the latter shall be vested with all title, powers, and duties conferred upon any Trustee herein named or acting hereunder. Each such appointment and substitution shall be made by written instrument executed by Beneficiary, containing reference to this Performance Deed of Trust and its place of record, which, when duly recorded in the proper office of the county or counties in which the Property is situated, shall be conclusive proof of proper appointment of the successor trustee.

Section 8.12 Statute of Limitations.

The pleading of any statute of limitations as a defense to any and all obligations secured by this Performance Deed of Trust is hereby waived to the full extent permissible by law.

Section 8.13 Acceptance by Trustee.

Trustee accepts this appointment when this Performance Deed of Trust, duly executed and acknowledged, is made public record as provided by law Trustee shall promptly notify Beneficiary of a pending sale under this Performance Deed of Trust or any action of proceeding impacting the Property that is known by Trustee. Except as otherwise provided by law, Trustee is not obligated to notify any other party hereto of pending sale under this Performance Deed of Trust or of any action of proceeding in which Trustor or Trustee shall be a party unless brought by Trustee.

Section 8.14 Subordination.

Upon request by Trustor, Beneficiary (acting on Beneficiary's own behalf or through AHP, or any successor administrator) agrees to subordinate this Performance Deed of Trust to only the following liens, deeds of trust, and monetary encumbrances: (i) liens for property taxes and assessments; ii) deeds of trust to secure payment obligations due on a current basis with respect to the Property or other security executed by Trustor for the benefit of a lender concurrently with or prior to the date of recording this Performance Deed of Trust; and such subordination may be evidenced by a separate subordination agreement recorded in the Official Records of the county in the jurisdiction where the Property is located.

SIGNATURE ON FOLLOWING PAGE
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IN WITNESS WHEREOF, Trustor has executed this Performance Deed of Trust as of the day and year first above written.

TRUSTOR:

Beach Cities Health District, formerly known as
South Bay Hospital District, a governmental agency
By:

Tom Bakaly
Chief Executive Officer
Date:

Signature must be notarized]
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STATE OF CALIFORNIA )
COUNTY OF __________________ )
On ____________________, before me, ___________________________, Notary Public, personally appeared ______________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Name:

Notary Public
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.

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EXHIBIT A

LEGAL DESCRIPTION OF THE PROPERTY
The Land referred to in this Guarantee is situated in the County of Los Angeles, City of Redondo Beach, State of California, and is described as follows:

PARCELS 1 AND 2 IN THE CITY OF REDONDO BEACH, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS SHOWN ON PARCEL MAP NO. 13030, FILED IN BOOK 144, PAGES 2 AND 3 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

EXCEPTING THEREFROM 66.4 PERCENT IN AND TO ALL OIL, GAS, ASPHALTUM AND OTHER HYDROCARBONS AND ALL OTHER MINERALS, AS GRANTED TO COLLIS H.

HOLLADAY, JOHN MCWILLIAMS, EDWARD R. VALENTINE, SHANNON CRANDALL, JR.

AND HERBERT L. HAHN, AS TRUSTEES OF THE COLLIS O. AND HOWARD HUNTINGTON MEMORIAL HOSPITAL TRUST, BY DEED RECORDED DECEMBER 13, 1961 AS INSTRUMENT NO. 4640, OFFICIAL RECORDS.

APN(s) #: 7502-017-902 | 7502-017-903
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EXHIBIT B

TRUSTOR'S PROJECT DESCRIPTION
A facility that provides one or more of the following behavioral health services to children and youth, ages twenty-five ( 25) and younger, including, pregnant and postpartum women and their children; transition-age youth, ages eighteen ( 18) to twenty-five (25); and their families, including: outpatient clinical support services, including, community mental health, wellness and prevention, crisis stabilization, substance use disorder, partial hospitalization; or residential clinical services that provide shelter and support, including, substance use disorder, crisis, community treatment, perinatal substance use disorder, psychiatric acute care, psychiatric health, or short-term therapeutic. The facility shall accept and provide services to Medi-Cal beneficiaries as patients.

DocuSign Envelope ID: 41A93F65-ABA6-48DA-AE12-47C88C74430C From: Mark Nelson (Home Gmail)
To: Communications; CityClerk
Cc: [email protected]; TRAO News; Garth Meyer
Subject: Fwd: Public Comment and Objection to BCHD"s "ALLCOVE" Medical Office Building Parking Plan Date: Monday, April 27, 2026 8:03:05 AM
Attachments: image.png
Exhibit-A-(BHCIP)_Round_4_Program_Funding_Agreement_05132023.pdf CAUTION: Email is from an external source; Stop, Look, and Think before opening attachments or links.

Public Comment: RB Council, Planning Commission, City Manager, City Attorney Offsite parking is UNACCEPTABLE to the neighborhood. We've had to petition for PERMIT PARKING because of the District's poor parking behavior in the past. It is inconvenient for residents - and the District has demonstrated a lack of control over parking historically.

BCHD needs to deal with its own externalities instead of foisting them on the community, such as the HEALTH DAMAGES BCHD will create from excess, above FTA limits noise. The City must require adequate parking the for the nearly 10,000 sf medical office building. The next 30 years of mandatory operation cannot be conditioned on BCHD's year-to-year funding plans for ALLCOVE. At any time, the building may need to be leased to a commercial provider that would have FAR TOO LIMITED OF PARKING.
---------- Forwarded message ---------
From: Mark Nelson (Home Gmail) <[email protected]>
Date: Fri, Apr 17, 2026 at 10:04 PM
Subject: Re: Public Comment and Objection to BCHD's "ALLCOVE" Medical Office Building Parking Plan To: Eleanor Manzano <[email protected]>, [email protected] <[email protected]>, CityClerk <[email protected]>, Andrew Winje <[email protected]>, Sean Scully <[email protected]>, Paige Kaluderovic <[email protected]>, Marc Wiener <[email protected]>
Cc: TRAO News <[email protected]>
In order to be very clear, the following is excerpted from BCHD's contract for funding with the State and designates the full variety of uses that the building MUST be used for throughout the 30 year period. Should ALLCOVE funding fail, the building cannot be fallow, it must be used according to Exhibit B, which could have very different parking requirements. BCHD cannot be allowed to reduce parking to a level that would DISBENEFIT RESIDENT-TAXPAYERS who are the financial backstop for 30 years and would suffer the damages of legal action. The BCHD Executives ($2.5M/year cost) and Board (apparent average age in excess of 60 years old) may be retired or deceased. Adequate parking must be required for any of the potential uses IN THE CURRENT PLAN. Approval must be withheld until parking is adequate.

Parking must be such that any of those uses can be accommodated in order to maintain compliance with the agreement. BCHD's intent to have offsite parking on another parcel is inappropriate and places surrounding areas at risk of employee, tenant, and patient parking.

These two excerpts demonstrate that BCHD is required to perform for a minimum of 30 years at the proposed facility for a named purpose in Exhibit B.

The full agreement is attached.

On Thu, Apr 16, 2026 at 8:53 PM Mark Nelson (Home Gmail) <[email protected]> wrote:

Redondo Beach Council, Planning Commission and Torrance Mayor, Council and City Attorney:

BCHD revealed a plan for the ALLCOVE building tonight at a public meeting from 530-630 with 14 attendees. The plan showed only 8 parking places at the ALLCOVE building.

It needs to be clear that per BCHD's contract with the State of California - this is a general mental health services building (aka, medical office building) with a required operational life of 30 years. That is a key term of the funding agreement. BCHD needs to provide adequate parking for the 30 year life as a general medical office building, NOT AS A BOUTIQUE ALLCOVE FACILITY.

The contract is quite clear for funding - the facility must operate for 30 years as a public mental health facility.

If the City has any thoughts of approving the Flagler and Beryl C-2 building without full parking, then notice needs to be served to the neighborhoods so that we can contest it at the City Council. Obviously BCHD has operated in the shadows to this point.

MEN <[email protected]>
FYI: Youtube of BCHD Board Meeting 4/22/26 with Links to the Three of Us and Bakaly
1 message
Mark Nelson (Home Gmail) <[email protected]> Thu, Apr 23, 2026 at 9:11 PM To: Christian Anthony Horvath <[email protected]>, [email protected] Bakaly - Lies about seismic standards
https://youtu.be/1tcknJNxEIo?t=848
Bakaly's CEO Report Statement on Silverado - Lies about seismic standards Our community members and friends are residing in Silverado. As a public agency, we have a duty to protect their safety.

We understand that families want to have their loved ones remain in the building because they like Silverado’s service and are wary about moving their loved ones. Continuing with Silverado in a new building on the campus is not feasible, and even if it was feasible, would result in immobile loved ones living for at least 3 more years in a building that does not meet seismic safety standards. That is a risk we simply cannot take. The Health District will do all it can to ensure a smooth transition.

Former D3 Council Member Horvath
https://youtu.be/1tcknJNxEIo?t=3892
ER Doctor w/Dad at Silverado & Horvath's Spouse
https://youtu.be/1tcknJNxEIo?t=4109
Mark Nelson Discussing Seismic
https://youtu.be/1tcknJNxEIo?t=4381
Board President Jane Diehl Making a FALSE CLAIM that Hospital Seismic Law REQUIRES Retrofit or Demolition https://youtu.be/1tcknJNxEIo?t=4591
ER Doctor w/Dad at Silverado & Horvath's Spouse
https://youtu.be/1tcknJNxEIo?t=4831
Former D3 Council Member Horvath Clarifying Hospital Upgrade https://youtu.be/1tcknJNxEIo?t=5029
Mark Nelson Clarifying Hospital Upgrade and Discussing BCHD Refusing to Consider Health Damages in the EIR https://youtu.be/1tcknJNxEIo?t=5238
From: Mark Nelson (Home Gmail)
To: CityClerk; [email protected]; [email protected]; [email protected]; [email protected]; City Council; CityClerk; James Light; Brad Waller; Chadwick B. Castle; Paige Kaluderovic; Scott Behrendt; Zein Obagi Cc: [email protected]; TRAO News
Subject: Public Comment - BCHD"s proposed PRIVATE project adds only 0.4% to Assisted Living stock for 80% NON-RESIDENTS Date: Sunday, April 26, 2026 3:05:27 PM
Attachments: BCHD Paying Execs.png
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Why are we letting BCHD SQUANDER OUR LAND for $1-1.5M per year that ONLY PAYS 50% OF EXECUTIVE PAYROLL and houses ONLY 20% DISTRICT RESIDENTS (analysis by zip code per BCHD's data)
Based on California Department of Social Services (CDSS) data and recent 2026 senior housing reports, the area within a 60-mile radius of 514 N Prospect Ave, Redondo Beach encompasses one of the densest concentrations of licensed Residential Care Facilities for the Elderly (RCFE) in the United States.

Within this radius—which includes all of Los Angeles and Orange Counties and portions of Ventura, Riverside, and San Bernardino Counties—there are approximately 1,200 to 1,500 licensed facilities, providing a total capacity of roughly 45,000 to 55,000 assisted living beds/rooms.

WHY A 60-MILE RADIUS COMPARISON - BECAUSE THAT'S WHERE BAKALY TOLD DISPLACED SILVERADO RESIDENTS TO LOOK! We have such an out of control so-called "health" district.

From: Mark Nelson (Home Gmail)
To: CityClerk
Subject: Public Comment - Non Agenda Items - 4/21/26
Date: Tuesday, April 21, 2026 7:20:38 PM
CAUTION: Email is from an external source; Stop, Look, and Think before opening attachments or links.

Public Comment
Redondo Beach City Council
Non-Agenda Items
April 21, 2026
Just about one year ago, we sat here discussing capital projects and the City’s math challenges estimating the size and cost of a Safe-and-SoundWall for the 500-600 block of the Prospect frontage.

All said and done, the $2M+ City estimate was corrected to around $250K and its height trimmed down to meet State Code..

So here we are tonight with a 6 month old poorly performing greenery view block that provides no Safe-and-Sound benefits. The US DOT is on the record that shrubbery doesn’t dampen sound more than a couple decibels and no sound and safety wall.

In the meantime, it appears that the City’s lack of ability to vet false fire alarm calls and sinkhole reports cost taxpayers WHAT COULD HAVE BEEN A SIZEABLE CONTRIBUTION TO THE SAFE-and-SOUNDWALL.

On December 11 2025, the house directly across from BCHD called and reported a fire at Silverado. After a dozen or so emergency vehicles arrived, the RBFD concluded it was either condensate or holiday spray on snow in some windows that was reported. A dozen vehicles and 50 or so first responders for an hour was FREE – RIGHT? Last week, the same house with no qualifications in engineering or roadbuilding reported a forming sinkhole on the Prospect frontage. Somehow, the City came out, dug up a 15 x 30 foot portion of the road, hauled away the debris, and promptly replaced the hole with an asphalt patch.

A lot of equipment and manpower for a day. A bore and core or even ground penetrating radar would have been cheaper.

I spoke to a couple of the crewmembers, and their response was – total waste of time and money.

Great.

So here we are. No Safe-and-SoundWall - and 2 expensive false alarms from the same people at 513 N Prospect.

How about the City invests in CALL BLOCKING – YOU HAVE THE NUMBER TO BLOCK - and turns the next WASTED $25K event into an ante for the Safety & Soundwall? Thank you.

From: Mark Nelson (Home Gmail)
To: Communications; CityClerk; [email protected]; [email protected]; [email protected]
Cc: Garth Meyer
Subject: Public Comment All Agencies: Where is BCHD"s Counsel when BCHD"s CEO and President are LYING about Seismic Codes?
Date: Friday, April 24, 2026 8:59:37 AM
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I'd have been really disappointed if my own attorney had not stopped me if I decided to misrepresent the facts of a state law in a hearing. Apparently NO BIG DEAL for BCHD.

BCHD Board President Claiming State Law REQUIRES Retrofit or Demolition of 514 N. Prospect
https://youtu.be/1tcknJNxEIo?t=4591
Even BCHD's own seismic consultant concluded that there is no legal requirement to retrofit or demolish. This is a serious lapse in ethics for certain, and likely an intent by BCHD Board to mislead the public in a public meeting.

Here's former RB D3 Councilmember Horvath calmly explaining the actual law and attempting to correct President Diehl.
https://youtu.be/1tcknJNxEIo?t=5029
From: Mark Nelson (Home Gmail)
To: CityClerk
Subject: Public Comment City Council - Leaf Blight
Date: Sunday, April 26, 2026 3:15:05 PM
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Apparently about 20 years ago, leaf blight was identified as an emergent problem for the Myrtes that were planted recently on Prospect. It would be good to know if the City has planned preservation measures.

Phytophthora leaf blight - a new
disease of California wax-myrtle
(Morella californica) in Oregon, USA
caused by a Phytophthora species
Publication Type:

Journal Article
Authors:

Putnam, M. L.; M. Serdani; M. Curtis; S. Angima
Source:

N. Z. J. For. Sci., Volume 41 Suppl., p.S57-S63 (2011)
Abstract:

In spring, 2009, the Oregon State University Plant Clinic received reports of severe defoliation of California wax-myrtle plants (Morella californica (Cham. & Schlecht.) Wilbur) on the north-central coast of Oregon, in western North America. Isolations from necrotic leaf tissue yielded an organism which, from morphological characteristics and a genus-specific enzymelinked immunosorbent assay, was identified as a species of the genus Phytophthora. Total DNA was extracted from hyphal tip-derived cultures from leaf or twig tissue and subjected to a polymerase chain reaction process aimed at species identification. Sequencing techniques revealed a 99.7% match with P. syringae although our isolates differed from published descriptions of this species in some respects. Inoculation of healthy plants with cultured mycelium resulted in symptoms similar to those originally observed in the field, and reisolations produced colonies of the same organism. This is the first report of a species of Phytophthora causing disease in M. californica. Leaf blight of California wax-myrtle is now widespread on the north-central coast of Oregon. This disease is serious and is adversely affecting the health of this native understory species which is frequently used for amenity plantings.

Google Scholar BibTeX RTF Tagged MARC EndNote X
From: Mark Nelson (Home Gmail)
To: info; LA District Attorney
Cc: [email protected]; Robert W. Lundy; Kevin Cody; Garth Meyer; CityClerk; [email protected]; [email protected]; [email protected] Subject: Re: Concern about BCHD CEO and Board Making False Statements to the Public Date: Thursday, April 23, 2026 9:15:22 PM
Attachments: Gmail - FYI_ Youtube of BCHD Board Meeting 4_22_26 with Links to the Three of Us and Bakaly.pdf CAUTION: Email is from an external source; Stop, Look, and Think before opening attachments or links.

As promised, the attachment contains links to false statements from BCHD CEO and Board President along with supporting facts with citations from other public speakers.

On Thu, Apr 23, 2026 at 12:38 PM Mark Nelson (Home Gmail) <[email protected]> wrote:

Below is the statement from BCHD "Continuing with Silverado in a new building on the campus is not feasible, and even if it was feasible, would result in immobile loved ones living for at least 3 more years in a building that does not meet seismic safety standards." As part of the CEO report, this statement is clearly designed to mislead. A plain reading of the BCHD CEO claim is that occupancy is not feasible because of seismic standards. The fact base below demonstrates that BCHD is even aware that its statement is false.

Below is a summary of the lawful facts regarding the 514 N Prospect, Redondo Beach building:

There are no local ordinances in Redondo Beach that currently mandate the seismic retrofit of the 514 South Bay Hospital building. Consequently, the building is not "out of compliance" with local law, as no law requires it to meet modern standards.

The primary legal and regulatory frameworks surrounding the building’s seismic status are as follows:

1. California State Law (SB 1953)
The Alfred E. Alquist Hospital Seismic Safety Act (specifically SB 1953) required all acute care hospitals to meet strict seismic standards by 2020 or 2030.

Status: Because the 514 building no longer provides acute care (it now houses administrative and outpatient services), it is no longer subject to these statemandated hospital retrofit requirements.

2. Local Ordinances
While nearby cities like Los Angeles (Ordinance #183893) and Santa Monica have passed mandatory seismic retrofit laws for older non-ductile concrete buildings, Redondo Beach has not adopted a similar ordinance.

Compliance: Under the current Redondo Beach Building Code, existing buildings are generally "grandfathered" in and do not need to be upgraded to current standards unless they undergo major renovations or a change in use.

3. Redondo Beach General Plan
The City’s General Plan identifies non-ductile concrete buildings (like the 514 building) as a safety risk and suggests they be "upgraded, relocated, or phased out".

However, this is a policy guideline for future development, not a legally binding ordinance that triggers immediate non-compliance for existing structures.

Summary of Legal Standing
BCHD acknowledges that while the building is seismically vulnerable and fails to meet the safety performance levels of a new building, it remains legally compliant with current local codes because no mandatory retrofit law exists in Redondo Beach.

On Wed, Apr 22, 2026 at 10:26 PM Mark Nelson (Home Gmail) <[email protected]> wrote:

Public Comment All Concerned Agencies:

At the 4/22/26 Board Meeting, the CEO stated that the 514 N Prospect building must be demolished due to not meeting seismic code. He made that statement in writing also to the mailing list of roughly 30,000 residents of the area. The statement is clearly not true. If it were, the building would be red-tagged by the Building Department. No, it does not meet CURRENT code, but not a single building on the entire BCHD campus dues meet all current codes, including seismic.

Also at that meeting, the Board President made representations that the former hospital building must have a seismic retrofit or be demolished because "it's the law". That is clearly a false statement. The 514 building is NOT functioning as a hospital, and at this time, it meets all seismic codes that are applicable to the building.

BCHD cannot be allowed to have its CEO and Board President telling lies to the public.

The Board is preparing to tear down the building and encumber the taxpayer owned land with a 99 year lease. The risk to taxpayers is likely in the $100M range and cannot be based on lies.

The video of the meeting will post tomorrow for your review.

From: Mark Nelson (Home Gmail)
To: info; LA District Attorney
Cc: [email protected]; Robert W. Lundy; Kevin Cody; Garth Meyer; CityClerk; [email protected]; [email protected]; [email protected] Subject: Re: Concern about BCHD CEO and Board Making False Statements to the Public Date: Thursday, April 23, 2026 12:39:31 PM
CAUTION: Email is from an external source; Stop, Look, and Think before opening attachments or links.

Below is a summary of the lawful facts regarding the 514 N Prospect, Redondo Beach building:

The primary legal and regulatory frameworks surrounding the building’s seismic status are as follows:

1. California State Law (SB 1953)
The Alfred E. Alquist Hospital Seismic Safety Act (specifically SB 1953) required all acute care hospitals to meet strict seismic standards by 2020 or 2030.

Status: Because the 514 building no longer provides acute care (it now houses administrative and outpatient services), it is no longer subject to these statemandated hospital retrofit requirements.

3. Redondo Beach General Plan
The City’s General Plan identifies non-ductile concrete buildings (like the 514 building) as a safety risk and suggests they be "upgraded, relocated, or phased out".

However, this is a policy guideline for future development, not a legally binding ordinance that triggers immediate non-compliance for existing structures.

On Wed, Apr 22, 2026 at 10:26 PM Mark Nelson (Home Gmail) <[email protected]> wrote:

Public Comment All Concerned Agencies:

BCHD cannot be allowed to have its CEO and Board President telling lies to the public. The Board is preparing to tear down the building and encumber the taxpayer owned land with a 99 year lease. The risk to taxpayers is likely in the $100M range and cannot be based on lies.

The video of the meeting will post tomorrow for your review.

From: Alexandros Martinez
To: CityClerk
Subject: Public Comment - City Council Meeting - May 5, 2026 - Agenda Item J Date: Thursday, April 30, 2026 9:02:57 PM
Attachments: Line 109 Manhattan Beach El Segundo.png
You don't often get email from [email protected]. Learn why this is important CAUTION: Email is from an external source; Stop, Look, and Think before opening attachments or links.

Hello,
Two months ago, Beach Cities Transit proposed they would be switching the terminals for their routes, with Line 102 being extended to Riviera Village while Line 109 is shortened to Redondo Beach Pier. In the near future, are services at Manhattan Village Mall (Rosecrans Ave) and Plaza El Segundo (Sepulveda Bl/PCH) going to be simplified, also according to the Service Study? I have an attachment to show what I am talking about.

Alexandros Martinez
Redondo Beach, CA 90278

From: Mark Nelson (Home Gmail)
To: CityClerk; James Light; Marc Wiener; Paige Kaluderovic; Joy Ford Cc: Kevin Cody; info; [email protected]; [email protected] Subject: Fwd: Public Comment and Objection to BCHD"s "ALLCOVE" Medical Office Building Parking Plan Date: Friday, May 1, 2026 11:54:14 AM
CAUTION: Email is from an external source; Stop, Look, and Think before opening attachments or links.

BCHD claims that it will be in active construction in two weeks on the mental health services building at Beryl & Flagler. No plan has been provided to the neighborhood, nor has any public meeting been held by the City on permitting. As stated below, the current parking plan is unacceptable for a building with a 30-year deed restriction obligation to operate as a mental health services building. The current hope by BCHD to have additional parking 400 feet away by foot with an elevation gain of 30-feet is laughable. The surrounding neighborhoods will bear the brunt of parking either immediately, or at some point in the legally obligated 30-year operation of the medical office building.
---------- Forwarded message ---------
From: Mark Nelson (Home Gmail) <[email protected]>
Date: Thu, Apr 16, 2026 at 8:53 PM
Subject: Public Comment and Objection to BCHD's "ALLCOVE" Medical Office Building Parking Plan
To: Eleanor Manzano <[email protected]>, [email protected] <[email protected]>, CityClerk <[email protected]>, Andrew Winje <[email protected]>, Sean Scully <[email protected]>, Paige Kaluderovic <[email protected]>, Marc Wiener <[email protected]> Cc: TRAO News <[email protected]>
Redondo Beach Council, Planning Commission and Torrance Mayor, Council and City Attorney:

BCHD revealed a plan for the ALLCOVE building tonight at a public meeting from 530-630 with 14 attendees. The plan showed only 8 parking places at the ALLCOVE building.

The contract is quite clear for funding - the facility must operate for 30 years as a public mental health facility.

From: Mark Nelson (Home Gmail)
To: Communications
Cc: CityClerk; [email protected]; [email protected]; [email protected]; City Council; [email protected]; CityClerk; info; [email protected]; [email protected]; Los Angeles Mayor"s Office
Subject: Public Comment: BCHD"s Upcoming Community Meeting MUST BE REPRESENTATIVE OF THE DISTRICT

RESIDENTS
Date: Wednesday, April 29, 2026 2:06:23 PM
CAUTION: Email is from an external source; Stop, Look, and Think before opening attachments or links.

BCHD has a planned public meeting:

Strategic Development Half-Day Meeting – Community Space Visioning Friday, May 8, 2026
8 a.m. – 12 p.m.

AdevnturePlex
1701 Marine Ave, Manhattan Beach, CA 90266
The Half-Day brings together BCHD’s Board, committees, staff, volunteers, community partners, and members of the public to improve decision-making, enhance organizational responsiveness, improve performance, and strengthen the organization.

Typically, BCHD meetings are upwards of 90% insiders. Board members, Executives ($2.5M/yr annual cost), Employees, Affiliated Volunteers, Vendors, Consultants, and Contractors. As a result, the meetings are not representative of the views of the over 90,000 adults in the district by BCHD's very DESIGN.

From the most recent census data:

City
Total
Population
(2024 Est.) Adult Population % (18+) Estimated Adult Count Hermosa Beach 18,687 80.50% 15,043
Redondo Beach 68,075 77.40% 52,690
Manhattan Beach 33,453 75.40% 25,224
Total 120,215 77.3% (Avg) 92,957
BCHD is free to have whatever "packed by insiders" meetings it wants. But BCHD is not allowed to represent the results as the COMMUNITY VIEW unless BCHD can demonstrate at least a MAJORITY of participants are not affiliated by payroll or other relationship with the District. PACKED MEETINGS DON'T COUNT.

From: Mark Nelson (Home Gmail)
To: CityClerk
Subject: Public Comment - Capital Project 500-600 N Prospect Ave Date: Saturday, May 2, 2026 1:01:49 PM
Attachments: NORTH PROSPECT AVE TRAFFIC VOLUME STUDY - Establishing a Robust Baseline for the Health Damages of Emissions.docx
North Prospect Avenue Roadway Barrier for Public Health.docx CAUTION: Email is from an external source; Stop, Look, and Think before opening attachments or links.

Public Comment RB City Council
The attached discusses the safety and sound wall proposal for the 500-600 N Prospect Ave frontage. Recall that last year's submission by RBPW used a 24-ft tall x 1000-ft long wall design (does not meet state code) and used an outlier high price from CalTrans dataset resulting in a nonsensical cost estimate that was presented to the Council. The estimated cost for a 600-ft x 8-ft tall wall more appropriately sized for the need is far closer to $200K than last years $2M+ estimate.
---------- Forwarded message ---------
From: Mark Nelson (Home Gmail) <[email protected]>
Date: Mon, Apr 27, 2026 at 2:39 PM
Subject: Public Comment - Capital Project 500-600 N Prospect Ave - PWSC To: Eleanor Manzano <[email protected]>, Andrew Winje <[email protected]>, <[email protected]> Dear Commissioners:

We are entering the next capital project cycle and I am recommending that the Safe-nSoundwall for the 500-600 Block of N. Prospect be included for both corrected estimation and also deliberation again this year. We understand from last year's process that getting into the queue is required, and after the estimating gaff, we now recognize that it will require proper vetting.

Ample case was demonstrated of excessive road and traffic noise, particulate matter (PMx), toxic emissions, and resident safety from prior high speed crashes that landed on the frontage from big Prospect. Children and the elderly are particularly susceptible to the lifelong and life threatening impacts of particulates, whether in childhood brain development or in cognitive, cardiac, and pulmonary diseases.

As you'll recall, the engineering estimate for the wall was in error during the last cycle. The wall as designed by the City to be 24-feet tall (well above the height range of 8 to 14-feet tall established by the State. Further, an outlier was used as a cost estimate. An 8-foot tall by 600- feet long wall would be around $200,000.

I am including a report created for the local homeowners that documents the hazards and heath damages.

Please enter the Safe-n-Soundwall into the queue of capital projects. With regard to this project, I will serve as an expert witness for the neighbors that are having their health damaged by the roadway. The decision to move forward with the project belongs with those who will be behind the wall. At this point, I am assuring that it is queued for corrected analysis so that they have an opportunity for health and safety improvements on the frontage.

Mark Nelson
N Prospect
cc: City Council
NORTH PROSPECT AVE TRAFFIC VOLUME STUDY:

Establishing a Robust Baseline for the Health Damages of Emissions For the segment of North Prospect Avenue in Redondo Beach, specifically between Del Amo Boulevard and 190th/Anita Streets, the most recent traffic data comes from the 2024 Traffic Study for the Redondo Beach Housing Element Implementation and the City’s official traffic flow records.

Traffic Flow Data
The North Prospect Avenue corridor is a four-lane secondary arterial that connects North Redondo to the Pacific Coast Highway. The segment between Anita Street/190th Street and Del Amo Boulevard is the highest-volume portion of the corridor. ● Average Daily Traffic (ADT): Approximately 18,200 vehicles per day (this represents the peak daily volume for the Prospect corridor, which ranges from 7,600 to 18,200 ADT depending on the segment).
● Peak Hour Flows: Peak travel typically occurs during the morning (07:00–10:00) and evening (15:00–20:00) rush hours. While exact per-hour segment counts vary by day, peak hour volumes for this capacity are estimated at 1,500 to 1,850 vehicles per hour. ● Level of Service (LOS): Most segments along this stretch currently operate at LOS B or C during peak hours, though the major intersection at 190th/Anita can experience higher congestion levels (LOS D during AM peaks).
● Cut-Through Traffic: Studies related to the nearby Beach Cities Health District (BCHD) campus indicate that during the AM peak hour, approximately 47% of northbound and 41% of southbound traffic on North Prospect consists of cut-through commuters avoiding larger arterials.

Intersection Context
For further context, the major feeding intersection just north of this segment (190th St & Flagler Ln / Anita St) carries significantly higher volumes:
● Daily Traffic at 190th/Anita: ~24,500 vehicles per day. ● Intersection Performance: It is signalized and operates at a Volume-to-Capacity (V/C) ratio of approximately 0.747 (LOS C) in the AM peak.

Citation
Fehr & Peers. (2024). Traffic Study for the Redondo Beach Housing Element Implementation: General Plan and Zoning Amendments. Prepared for the City of Redondo Beach, September 2024.

Source Data URL
● Primary PDF Source: Traffic Study for Redondo Beach Housing Element (September 2024)
● City Traffic Engineering Resources: Redondo Beach Traffic Volumes & Flow Map

Page 1 ends

NORTH PROSPECT AVE ROADWAY BARRIER FOR PUBLIC HEALTH:

Protection of Child Development and Senior Aging
Abstract
This research document evaluates the localized health risks associated with vehicle emissions on the North Prospect Avenue corridor in Redondo Beach, CA. Utilizing site-specific traffic data and emission modeling, this report quantifies the concentrations of particulate matter (PM10 and PM2.5) and mobile source air toxics (MSATs) such as benzene and formaldehyde. The analysis synthesizes recent peer-reviewed literature (2024–2026) to assess the physiological impacts on two highly vulnerable demographics: children and seniors. Results indicate that peak traffic flows significantly elevate roadside pollutant concentrations, approaching or exceeding state health thresholds. This document concludes that the implementation of a solid roadway barrier (SRB) serves as a critical mitigation strategy to reduce both noise and the horizontal dispersion of carcinogenic pollutants, thereby protecting the health and property rights of adjacent residents.

Summary of Task
The objective of this analysis is to model the air quality profile for a specific secondary arterial segment—North Prospect Avenue between Del Amo Boulevard and 190th/Anita Streets—and evaluate the resulting public health implications. Using a peak volume of 1,850 vehicles per hour and current emission factors for the 2026 fleet mix, we have estimated the "roadway increment" (the pollution added solely by traffic) and combined it with coastal baseline data. This assessment focuses on the "taking" of health from sensitive receptors located within 20 meters of the roadway.

Impacts on Children
Children are uniquely susceptible to the pollutants modeled in this corridor due to their higher ventilation rates relative to body mass and their ongoing structural lung development. ● Respiratory Development: Recent longitudinal studies confirm that exposure to PM2.5 and nitrogen dioxide near roadways causes persistent deficits in lung function (FEV1) and increases the incidence of pediatric asthma (American Lung Association, 2026). Infants and young children show a 10 percent increase in respiratory tract infections for every 10 microgram per cubic meter increase in particulate concentrations (Frontiers in Public Health, 2025).
● Carcinogenic Risks: The modeling of North Prospect Avenue reveals benzene levels that contribute to a localized cancer risk. Peer-reviewed evidence has identified a linear, positive association between traffic-related benzene exposure and the risk of childhood leukemia, particularly acute myeloid leukemia, in children under the age of six (Environment and Public Health, 2025).
● Neurological Effects: Particulates smaller than 2.5 micrometers can cross the bloodbrain barrier, triggering neuroinflammation that has been linked to impaired cognitive development and behavioral disorders in school-aged children.

Page 2 ends

Impacts on Seniors
Seniors (ages 65 and older) represent the other critical "sensitive receptor" group in the North Prospect corridor, often suffering from pre-existing cardiovascular or respiratory conditions that are exacerbated by roadway toxics.
● Cardiovascular Events: Umbrella reviews from 2025 indicate a robust correlation between short-term spikes in PM2.5—such as those modeled during the North Prospect peak hours—and immediate increases in myocardial infarction (heart attack), stroke, and arrhythmia (PubMed, 2026).
● Hospitalization and Mortality: Chronic exposure to traffic-related air pollution at the levels estimated in our appendix is associated with a 15 percent higher risk of cardiovascular hospitalization for Medicare beneficiaries. Research emphasizes that for seniors, there is "no safe threshold" for particulate exposure; even levels below federal standards continue to drive mortality (Harvard T.H. Chan School of Public Health, 2024). ● Cognitive Decline: Long-term exposure to the fine soot and volatile organic compounds (VOCs) modeled in this segment is increasingly linked to accelerated cognitive decline and the onset of dementia and Parkinson’s disease in elderly populations.

Mitigation: The Benefit of a Solid Barrier
To address the health "taking" described above, the installation of a solid roadway barrier (SRB) between North Prospect Avenue and residential homes provides two primary benefits:

1. Vertical Dispersion: A solid barrier forces the pollution "plume" from vehicles upward.

This creates a "wake effect" that increases the mixing of pollutants with cleaner air before they reach residential windows, effectively reducing the ground-level concentration of particulates and toxics by as much as 15 to 30 percent.

2. Particulate Capture: Solid barriers, particularly when combined with localized vegetation, act as a physical sink for larger particulates (PM10) and roadway dust, preventing them from settling on residential properties and gardens.

3. Noise and Stress Reduction: Beyond air quality, solid barriers reduce ambient noise by 3 to 9 decibels (Maryland Department of Transportation, 2023). Reducing chronic noise stress is a known factor in improving cardiovascular outcomes and sleep quality for both children and seniors.

Conclusion
The air quality modeling for North Prospect Avenue suggests that peak traffic periods create a high-concentration corridor of particulates and toxics that directly impact the health of vulnerable neighbors. Given the robust 2024–2026 evidence linking these pollutants to pediatric respiratory damage and senior cardiovascular mortality, the implementation of a solid barrier is not merely an aesthetic choice but a necessary public health intervention to mitigate the de facto taking of health and property rights.

Page 3 ends

Appendix: Air Quality Modeling Tables
Table A: Particulate Matter (PM) Estimates (Peak Hour)
Pollutant Baseline Level Traffic Increase Total Peak Hour Level PM2.5 (Fine Soot) 11.0 micrograms per
cubic meter
+ 4.4 micrograms per
cubic meter

15.4 micrograms per
cubic meter
PM10 (Road Dust) 22.0 micrograms per
cubic meter
+ 18.2 micrograms
per cubic meter

40.2 micrograms per
cubic meter
Table B: Mobile Source Air Toxics (MSAT) Concentrations Air Toxic Traffic Increment (Added to
Air)
Chronic Health Goal (REL)
Benzene 0.616 micrograms per cubic
meter

3.0 micrograms per cubic meter
Formaldehyde 0.396 micrograms per cubic
meter

9.0 micrograms per cubic meter
Diesel Particulate Matter 0.243 micrograms per cubic
meter

5.0 micrograms per cubic meter
Acrolein 0.026 micrograms per cubic
meter

0.35 micrograms per cubic
meter

Page 4 ends

References
American Lung Association. (2026). Health impact of pollution: State of the air. Retrieved from https://www.lung.org/research/sota/health-risks
Beach Cities Health District. (2021). Final environmental impact report for the BCHD Healthy Living Campus master plan. Section 3.2: Air Quality.

Frontiers in Public Health. (2025). How air pollution fuels respiratory infections in children:

Current insights. Frontiersin.org. https://doi.org/10.3389/fpubh.2025.1567206 Harvard T.H. Chan School of Public Health. (2024, February 21). Chronic exposure to air pollution may increase risk of cardiovascular hospitalization among seniors. https://hsph.harvard.edu/news/
Maryland Department of Transportation. (2023). Effectiveness of short solid barriers to reduce noise generated by different types of highway vehicles. Report No. MD-25.

OEHHA. (2023). Air toxics hot spots program: Chronic reference exposure levels. Office of Environmental Health Hazard Assessment.

PubMed. (2026, January 6). Impact of PM2.5 exposure on cardiovascular diseases (IPEC Study): An updated umbrella review. PMID: 41495955.

Stamatelopoulou, A., et al. (2025). Environment and public health: How the environment affects children's health and quality of life. PMC11875212.

From: Darryl Boyd
To: CityClerk; Mike Witzansky; James Light; Paige Kaluderovic; Chadwick B. Castle; Brad Waller; Scott Behrendt; Zein Obagi; Joy Ford; Andrew Winje; Mark Garlock; Michael Klein; Ryan Liu; Candace Nafissi Subject: REQUEST FOR BUDGET AND FUNDING THE N PROSPECT AVE MEDIAN Date: Monday, May 4, 2026 1:02:26 PM
Attachments: Prospect Median Landscape Proposal.pdf
SpeedTables-JimLight-Email.pdf
N Prospect Ave Median Budget_Funding Request.pdf
CAUTION: Email is from an external source; Stop, Look, and Think before opening attachments or links.
***City Clerk please include this email and attachments as a “Blue Folder” item for 5/5/26 Redondo Beach City Council meeting.

REQUEST FOR BUDGET AND FUNDING THE N PROSPECT AVE MEDIAN Residents of 500-600 N Prospect Ave. thank Public Works Commissioner Candance Nafissi very much for speaking up for us on 4/27/26 at the Public Works Sustainability Commission meeting.

A few of Candace's comments: "The sound from the street is insane" and "I have zero peace", "I feel bad for the Prospect people" should tell you everything. This isn't just a N Prospect Ave. problem. This is now a Beryl Heights neighborhood problem. It's a community and citywide problem. It's a Quality Of Life problem. You are all well aware of the entire situation here at 500-600 N Prospect Ave. as I have been seeking resolution since October 2024, well documented to all of you.

Listen to Candance’s comments to City Manager Mike Witzansky below:
https://drive.google.com/file/d/1CyiWMyXI-6Mby6qqi7S7j4LsALNtSgRA/view? usp=drive_link
We need proper funding and corrective action taken. No more excuses and walking away from what is a clear Public Safety and Noise Nuisance situation.

THE N. PROSPECT AVE MEDIAN NEEDS FUNDING FOR NECESSARY

UPGRADES
The N Prospect Ave. median is over 60 years old. It has never been upgraded to compensate for increased traffic, increased car and motorcycle noise, increased toxic fumes from vehicles with illegal exhaust systems, emergency vehicles, buses, 18 wheelers, and big box trucks. Other noise from vehicles includes cell phone conversations, ultra loud audio and booming bass. The Beach Cities Health District campus produces traffic and noise from its tenants, businesses, employees, patrons, visitors, emergency vehicles, and its own Residents. Our properties are being intruded upon and we are being assaulted by unrelenting noise and vibration day and night.

It is beyond time to modernize and upgrade the median for safety and noise reduction. In the past, cars have run over the median, taken out a light pole, and landed in front of our homes. 521, 523, 525 Prospect Ave Residents were witnesses and were impacted. Thankfully no one was injured or killed. We need real protection for all Residents at 500-600 N Prospect Ave., especially for our neighbors with children. An 8-10’ wall is needed on the outer perimeter of median #1, Beryl St. to BCHD crossing. This section gets the heaviest and fastest moving traffic and the most noise.

INSTALLATION OF SPEED TABLES ON MAIN N PROSPECT AVE
Traffic Calming Benefits:

1. Increased Safety.

Slowing the speeding vehicles down, especially at the hill crossing Beryl St. will increase public safety. Pedestrians and Residents are currently under very unsafe conditions. Speeding and erratic driving is a threat to Residents and Pedestrians.

2. Decreased ambient noise levels.

Noise from speeding cars and drivers gunning and racing through the corridor will be decreased. Noise from drivers gunning off of green lights at traffic stops will decrease.

Noise from other larger vehicles will be decreased.

3. Decreased need for additional RBPD man power.

Less Redondo Beach Police Department manpower would be required for traffic enforcement which is a cost savings and frees up RBPD for other needs.

On 2/8/25 the idea of Speed Tables on main N Prospect Ave. was introduced by Ryan Liu at a N Prospect Ave neighborhood meeting. The idea was backed by Mayor Jim Light. Mayor Light provided photo samples of speed tables in an email to me and encouraged District 3 Council Member Paige Kaluderovic to pursue Speed Table installation on main N Prospect Ave. Mayor Light also acknowledged the clear safety issues as he was a personal witness having attended the 2/8/25 neighborhood meeting.
https://drive.google.com/file/d/145Ju62VX4NjMYsvDZIee5Xlce5gWXcpo/view? usp=drive_link
As far as we know, Kaluderovic did not pursue the option of installing Speed Tables on main N Prospect Ave. There are Speed Table table installations at Flagler/Dominguez Park, N Paulina Ave., N. Lucia Ave., N. Juanita Ave., N. Irena Ave., N. Francisca Ave. where there is much less traffic and speeding. Why has N Prospect Ave. been skipped?
The benefits of Speed Table installation will outweigh the cost. ***Flagler at Dominguez Park is a perfect example of what needs to be installed on N Prospect Ave. See video below. You will see how my Hummer H2 which is a large vehicle is forced to come within speed compliance very smoothly. Video here:
https://drive.google.com/file/d/1KhhbYm_bRyr7HpbCJT2NYelYak1TxBsa/view? usp=drive_link

INSTALLATION OF A SOUND AND SAFE WALL ON THE OUTER PERIMETER OF N. PROSPECT MEDIAN #1
Safety And Noise Reduction, Health Benefits:

1. Increased Safety. Protects Residents and Pedestrians from speeding and erratic drivers and possible runaway vehicles.

2. Decreased ambient noise levels. Residents are being subjected to 85-95 DB of noise day & night. This is unbearable. 50-55 DB day 40-50 DB night is considered acceptable according to State, County, and Redondo Beach city code.

3. Provides a better health environment for Residents. Fewer toxic fumes can penetrate and impede onto our properties and our persons.

4. Protects Residents from ambient noise reflecting off of the Beach Cities Health District buildings. 500-600 N Prospect Ave. especially in the 515-527 zone are heavily impacted by reflected noise from and off of the BCHD campus and from N Prospect Ave. traffic noise bouncing off of those buildings. It is a 24x7 sonic, surround sound noise nuisance.
***Alternatively, there are industrial fencing soundproofing products available on the market that could be compared and possibly used in lieu of a block wall.

FIX AND COMPLETE THE LANDSCAPING ON THE ENTIRE N. PROSPECT AVE.

MEDIAN
$6,400 was spent by the City of Redondo Beach on a functional landscape and beautification plan that was never installed.

On 2/8/25 at a neighborhood meeting this plan was presented to the Residents of 500-600 N Prospect Ave. Residents were very happy and excited to see this plan that was presented to us come to life. But it never did. The plan included Podocarpus hedges, Geijera parviflora trees, Aloe marlothii succulents. We watched samples planted of the Podocarpus and Aloes and saw them thrive. We were happy. But before we knew it all the test plants were removed and an installation began with completely different plants and no trees. Residents were never advised or given a chance to have input on any changes. The plan is here:
https://drive.google.com/file/d/12iHN3Q-wbHGdP9sDABi5eI6iNLuP_tih/view? usp=drive_link
California wax myrtle plants were installed instead of Podocarpus. Coyote plant and mulch was installed. Achillea millefolium might have been a better consideration for weed control. None of the plants presented to Residents were used.

We asked questions, we were basically told to shut up and accept what we were given. We have watched wax myrtles die and be replaced. Many are still dying or are weaklings that won't grow. The coyote plant has weeds growing in it, the mulch is eroding leaving exposed irrigation lines. These plants were completely wrong for the N Prospect Ave. median application and situation. The hope and goal was to get our privacy and some noise reduction back with a functional landscape plan. We got neither.

Not getting satisfactory answers from Jim Light or Paige Kaluderovic on why changes were made and Residents were excluded from any input or information on who made changes and why, I initiated a Public Records Request on 11/9/25. This PRR was stonewalled for 5 months before any information or correspondence was released to me. To date I have received very limited information on what happened, and am still waiting for another batch to come through. Apparently that won’t happen until 5/26/26.

The California Wax Myrtles will never replace Pordacarpus in density. Right now the myrtles that have survived flap in the wind, with gaps in between, providing no real privacy, and noise just seeps through. The original Oleander hedges had a height of approximately 12’ high and 9’ density curb to curb, they provided great privacy and noise reduction. The California Wax Myrtles were the wrong choice for this application.

The Podocarpus and Geijera parviflora would have been a very good combination aesthetically and for noise reduction.

Pordocarpus is known for its density, low maintenance, is highly effective for noise reduction, absorbs & deflects sound waves.

Geijera parviflora is known for its dense foliage, grows 20 to 30 feet tall, drought tolerant, adapts well to poor soils, absorbs and deflects sound waves.

Podocarpus was preferable, used in high traffic & noise situations like Manhattan Beach Blvd. and near South High School according to Mike Klein. Kline speaks about Mayor Jim Light wanting native plants at 2:48 PWSC 4/28/25. The Mayor interfered in the process, going against what was known to work and against the City Charter.
https://drive.google.com/file/d/1lZorunVUoHNUcJJ116uewVMPu3Zr7GDK/view? usp=drive_link
The open space to the rear curb should be filled with another row of these plants to fill out 9’ curb to curb. There are several dead plants between 515 to 527 that need replacement, and many more up and down the street.

FUNDING FOR THE N PROSPECT AVE. MEDIAN UPGRADES IS REQUESTED AND BADLY NEEDED.

Residents here have been ignored, and the upkeep and upgrades of the N Prospect Ave. median itself has gone neglected for decades now.

Paige Kaluderovic mentioned $200K of funds and possibly more were set aside for the median when I originally began the requests to get something done here.

Somehow those funds didn’t exist when I tried to revisit that option and she had a lapse of memory regarding what she said. So I am requesting that CIP funds be looked at again for the N Prospect Ave. median in this budgeting cycle.

ALTERNATIVE FUNDING:

BCHD who has been a bad neighbor to us for many years now, should step up and contribute with funding as should their new developer partner which I assume at this point will be Sunrise. We as Residents of the Beach Cities help to fund BCHD. They should give something back to us for the abuse and disregard for our Quality Of Life that they have put us through and the coming demolition and construction nightmare that will be forced upon us. Mr. Witzansky stated on 4/27/26 in the PWSC meeting that Public Works and the Transportation Department has done a good job of finding funding for projects. So alternative funding, if needed, should be seeked out immediately for us on N Prospect Ave. This is a very worthy, way past due, much needed project.

The “Bike Path To Nowhere” behind BCHD where kids & transients get high, loiter, and leave their garbage found funding. The street dug up in front of 519 N Prospect Ave. on 4/7/26 for a nonexistent “sink hole” at a cost of approximately $20-25,000 was a waste of our taxpayer dollars. An unused median site design at a cost of $6,400 was wasted. Speed Tables at Flagler/Dominguez Park, N Paulina Ave., N.

Lucia Ave., N. Juanita Ave., N. Irena Ave., N. Francisca Ave., a crosswalk at Beryl St. and N. Guadalupe. Parks and Pickleball courts all get funded. Money is being spent on things that could wait and wasted on non-emergencies.

We also know through a PRR that safety upgrades to the median were denied by the City Manager last year and that the Public Works Director diverted funds that may have been used for N Prospect Ave. to Catalina Ave. For some reason we are forced to beg for proper funding for remediation of public safety and noise nuisances and the restoration of our privacy and Quality Of Life. Another year has gone by and our District 3 Council Member has not stepped up for us and has gone silent. Please fix that.

STATE, COUNTY, AND CITY LAWS AND ORDINANCES ARE NOT BEING ENFORCED BY THE CITY OF REDONDO BEACH.

Quality Of Life for 500-600 N Prospect Ave. Residents has been detrimentally impacted over the past 2 years by clear Public Safety and Public Noise Nuisances on the N Prospect Ave median and corridor. If the City Of Redondo Beach refuses to strictly enforce State, County, and its own local laws and ordinances as it should, then the above requests are in line and completely reasonable. We need action taken and funding budgeted by Redondo Beach City Government immediately.

We are not 2nd rate Residents here. Many of us are homeowners of over 30 years.

We know the differences on our street, in our neighborhood, and in our City. Saying that there is not enough CIP to go around is not an acceptable response and it’s actually insulting to us. Heads of City Departments are very well paid. There are several very highly paid City of Redondo Beach employees. Half of just one of those very high annual salaries would pay for what we need on the 500-600 N Prospect Ave. median.

Residents need solutions funded and implemented. We need help and we need relief.

City Employees get paid very well by us. We elected our City Government to represent us and to protect us. So please do so.
500-600 N Prospect Ave. Residents are suffering psychological & physical abuse, a loss of property values, and the loss of our lawful right to quiet and peaceful enjoyment of our properties due to the inaction of Redondo Beach City Government.

Please correct this and budget for and fund the N. Prospect Ave. median safety and noise improvement project.

Darryl Boyd
bcc: 500-600 N Prospect Ave. Residents
And other concerned Redondo Beach Residents
--
Darryl Boyd - Broker/Owner, MRP, SFR, CPTS
Specialized Court Services:

Expert Witness - Probate & Trust Valuation Disputes
Substitute Administration - Probate Cases
DARRYL B. BOYD, BROKER
Redondo Beach, CA 90277
(310) 490-0139 Direct cellular
[email protected]
DarrylBoydBroker.com
CA DRE #01178871

City Clerk please include this email and attachments as a “Blue Folder” item for 5/5/26 Redondo Beach City Council meeting.

Listen to Candance’s comments to City Manager Mike Witzansky below:
https://drive.google.com/file/d/1CyiWMyXI-6Mby6qqi7S7j4LsALNtSgRA/view?usp=drive _link
We need proper funding and corrective action taken. No more excuses and walking away from what is a clear Public Safety and Noise Nuisance situation.

THE N. PROSPECT AVE MEDIAN NEEDS FUNDING FOR NECESSARY UPGRADES The N Prospect Ave. median is over 60 years old. It has never been upgraded to compensate for increased traffic, increased car and motorcycle noise, increased toxic fumes from vehicles with illegal exhaust systems, emergency vehicles, buses, 18 wheelers, and big box trucks. Other noise from vehicles includes cell phone conversations, ultra loud audio and booming bass. The Beach Cities Health District campus produces traffic and noise from its tenants, businesses, employees, patrons, visitors, emergency vehicles, and its own Residents. Our properties are being intruded upon and we are being assaulted by unrelenting noise and vibration day and night.

It is beyond time to modernize and upgrade the median for safety and noise reduction.

In the past, cars have run over the median, taken out a light pole, and landed in front of our homes. 521, 523, 525 Prospect Ave Residents were witnesses and were impacted.

Thankfully no one was injured or killed. We need real protection for all Residents at 500-600 N Prospect Ave., especially for our neighbors with children. An 8-10’ wall is needed on the outer perimeter of median #1, Beryl St. to BCHD crossing. This section gets the heaviest and fastest moving traffic and the most noise.

INSTALLATION OF SPEED TABLES ON MAIN N PROSPECT AVE
Traffic Calming Benefits:

1. Increased Safety.

2. Decreased ambient noise levels.

Noise from speeding cars and drivers gunning and racing through the corridor will be decreased. Noise from drivers gunning off of green lights at traffic stops will decrease.

Noise from other larger vehicles will be decreased.

3. Decreased need for additional RBPD man power.

Less Redondo Beach Police Department manpower would be required for traffic enforcement which is a cost savings and frees up RBPD for other needs.

On 2/8/25 the idea of Speed Tables on main N Prospect Ave. was introduced by Ryan Liu at a N Prospect Ave neighborhood meeting. The idea was backed by Mayor Jim Light. Mayor Light provided photo samples of speed tables in an email to me and encouraged District 3 Council Member Paige Kaluderovic to pursue Speed Table installation on main N Prospect Ave. Mayor Light also acknowledged the clear safety issues as he was a personal witness having attended the 2/8/25 neighborhood meeting. https://drive.google.com/file/d/145Ju62VX4NjMYsvDZIee5Xlce5gWXcpo/view?usp=driv e_link
As far as we know, Kaluderovic did not pursue the option of installing Speed Tables on main N Prospect Ave. There are Speed Table table installations at Flagler/Dominguez Park, N Paulina Ave., N. Lucia Ave., N. Juanita Ave., N. Irena Ave., N. Francisca Ave. where there is much less traffic and speeding. Why has N Prospect Ave. been skipped? The benefits of Speed Table installation will outweigh the cost. ***Flagler at Dominguez Park is a perfect example of what needs to be installed on N Prospect Ave. See video below. You will see how my Hummer H2 which is a large vehicle is forced to come within speed compliance very smoothly. Video below:
https://drive.google.com/file/d/1KhhbYm_bRyr7HpbCJT2NYelYak1TxBsa/view?usp=driv e_link

INSTALLATION OF A SOUND AND SAFE WALL ON THE OUTER PERIMETER OF N. PROSPECT MEDIAN #1
Safety And Noise Reduction, Health Benefits:

1. Increased Safety. Protects Residents and Pedestrians from speeding and erratic drivers and possible runaway vehicles.

3. Provides a better health environment for Residents. Fewer toxic fumes can penetrate and impede onto our properties and our persons.

FIX AND COMPLETE THE LANDSCAPING ON THE ENTIRE N. PROSPECT AVE.

MEDIAN
$6,400 was spent by the City of Redondo Beach on a functional landscape and beautification plan that was never installed.

But before we knew it all the test plants were removed and an installation began with completely different plants and no trees. Residents were never advised or given a chance to have input on any changes. The plan is here:
https://drive.google.com/file/d/12iHN3Q-wbHGdP9sDABi5eI6iNLuP_tih/view?usp=drive _link
California wax myrtle plants were installed instead of Podocarpus. Coyote plant and mulch was installed. Achillea millefolium might have been a better consideration for weed control. None of the plants presented to Residents were used. We asked questions, we were basically told to shut up and accept what we were given. We have watched wax myrtles die and be replaced. Many are still dying or are weaklings that won't grow. The coyote plant has weeds growing in it, the mulch is eroding leaving exposed irrigation lines. These plants were completely wrong for the N Prospect Ave. median application and situation. The hope and goal was to get our privacy and some noise reduction back with a functional landscape plan. We got neither.

The Podocarpus and Geijera parviflora would have been a very good combination aesthetically and for noise reduction.

Pordocarpus is known for its density, low maintenance, is highly effective for noise reduction, absorbs & deflects sound waves.

Geijera parviflora is known for its dense foliage, grows 20 to 30 feet tall, drought tolerant, adapts well to poor soils, absorbs and deflects sound waves.

Podocarpus was preferable, used in high traffic & noise situations like Manhattan Beach Blvd. and near South High School according to Mike Klein. Kline speaks about Mayor Jim Light wanting native plants at 2:48 PWSC 4/28/25. The Mayor interfered in the process, going against what was known to work and against the City Charter. https://drive.google.com/file/d/1lZorunVUoHNUcJJ116uewVMPu3Zr7GDK/view?usp=dri ve_link
The open space to the rear curb should be filled with another row of these plants to fill out 9’ curb to curb. There are several dead plants between 515 to 527 that need replacement, and many more up and down the street.

FUNDING FOR THE N PROSPECT AVE. MEDIAN UPGRADES IS REQUESTED AND BADLY NEEDED.

Residents here have been ignored, and the upkeep and upgrades of the N Prospect Ave. median itself has gone neglected for decades now.

Paige Kaluderovic mentioned $200K of funds and possibly more were set aside for the median when I originally began the requests to get something done here. Somehow those funds didn’t exist when I tried to revisit that option and she had a lapse of memory regarding what she said. So I am requesting that CIP funds be looked at again for the N Prospect Ave. median in this budgeting cycle.

ALTERNATIVE FUNDING:

Juanita Ave., N. Irena Ave., N. Francisca Ave., a crosswalk at Beryl St. and N.

Guadalupe. Parks and Pickleball courts all get funded. Money is being spent on things that could wait and wasted on non-emergencies.

STATE, COUNTY, AND CITY LAWS AND ORDINANCES ARE NOT BEING ENFORCED BY THE CITY OF REDONDO BEACH.

We are not 2nd rate Residents here. Many of us are homeowners of over 30 years. We know the differences on our street, in our neighborhood, and in our City. Saying that there is not enough CIP to go around is not an acceptable response and it’s actually insulting to us. Heads of City Departments are very well paid. There are several very highly paid City of Redondo Beach employees. Half of just one of those very high annual salaries would pay for what we need on the 500-600 N Prospect Ave. median.

Our elected officials are supposed to work with us to find solutions, not back pedal, break promises, and disappear. The City Manager telling us this is how Redondo Beach is and to just live with it is unacceptable. The 500-600 N Prospect Ave. Residents need solutions funded and implemented. We need help and we need relief. City Employees get paid very well by us. We elected our City Government to represent us and to protect us. So please do so.
500-600 N Prospect Ave. Residents are suffering psychological & physical abuse, a loss of property values, and the loss of our lawful right to quiet and peaceful enjoyment of our properties due to the inaction of Redondo Beach City Government. Please correct this and budget for and fund the N. Prospect Ave. median safety and noise improvement project.

Darryl Boyd
bcc: 500-600 N Prospect Ave. Residents
And other concerned Redondo Beach Residents
From: Mark Nelson (Home Gmail)
To: CityClerk
Cc: Paige Kaluderovic; Brad Waller; Chadwick B. Castle; Scott Behrendt; Zein Obagi; [email protected]; Joy Ford; TRAO News; Kevin Cody
Subject: BLUE FOLDER ITEM - NON-AGENDA ITEMS 5/5/26 Council Meeting Date: Tuesday, May 5, 2026 2:22:24 PM
CAUTION: Email is from an external source; Stop, Look, and Think before opening attachments or links.

MEMORANDUM
TO: Redondo Beach City Council, City Manager, City Attorney, Public Works Commission, Planning Commission, and Police Department
FROM: 500-600 N. Prospect Neighborhood Support
DATE: May 1, 2026
SUBJECT: Capital Improvement Project Recommendations: 500-600 Block of N. Prospect Avenue
This memorandum identifies essential capital projects for consideration during the current capital planning cycle to address critical safety, noise, and public health concerns in the residential area surrounding the 500-600 block of N. Prospect Avenue.

Capital Project Recommendations● Safety-Sound Wall (Big Prospect side of the divider parcel)
Establishes a physical safety barrier for pedestrians and frontage users. It provides essential noise reduction to mitigate risks such as chronic stress and cardiovascular health impacts documented in peer-reviewed research, specifically addressing the "significant" noise profile projected for upcoming construction in the area. ● Speed Tables (Big Prospect between Beryl St. and Diamond St.) Reduces vehicle speeds to improve physical safety for residents and campus visitors.

Slower traffic also directly reduces ambient environmental noise, further protecting the community from associated negative health impacts.

ATTACHMENT: TECHNICAL BACKGROUND AND SUPPORTING DATA
Environmental Health Impacts
Analysis of local environmental reports indicates that projected construction noise levels will exceed established safety standards. Supporting research highlights the following risks:
● Pediatric Development: Chronic noise exposure is associated with delays in cognitive development and reading proficiency in children.
● Senior Health: Increased noise levels correlate with higher risks of cognitive impairment and cardiovascular strain in older populations.
● Physiological Stress: Environmental noise triggers persistent stress responses, leading to hypertension and vascular risks.

Economic and Neighborhood Impact
Modeling of the residential ecosystem surrounding the 514 N. Prospect Ave site indicates significant economic risks from unmitigated environmental stressors:
● Property Value Stability: Market data modeling suggests that noise and traffic congestion can lead to substantial depression of property values in the immediate vicinity. ● Preservation Strategy: The proposed Safety-Sound Wall and speed tables serve as mitigation tools to preserve neighborhood character and stabilize property values against the negative impacts of large-scale development.

Redondo Beach City CouncilMay 5, 2026

Redondo Beach City Council
May 5, 2026