01-13-2020_CCAgenda Packet NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CA 90274
(310) 377-1521
FAX (310) 377-7288
AGENDA
REGULAR COUNCIL MEETING
CITY COUNCIL
Monday, January 13, 2020
CITY OF ROLLING HILLS
7:00 PM
1.CALL TO ORDER
2.ROLL CALL
PLEDGE OF ALLEGIANCE
3.PRESENTATION
RECOGNITION BY THE CITY COUNCIL OF THE CITY OF ROLLING HILLS THE EXCELLENT VOLUNTEER WORK BY
LEAD BLOCK CAPTAINS ARLENE AND GENE HONBO ON RE-ESTABLISHING THE BLOCK CAPTAIN PROGRAM AND
THEIR EFFORTS ON WILDFIRE MITIGATION.
4.OPEN AGENDA - PUBLIC COMMENT WELCOME
This is the appropriate time for members of the public to make comments regarding the items on the consent calendar or items not
listed on this agenda. Pursuant to the Brown Act, no action will take place on any items not on the agenda.
5.CONSENT CALENDAR
Matters which may be acted upon by the City Council in a single motion. Any Councilmember may request removal of any item from
the Consent Calendar causing it to be considered under Council Actions.
5.A APPROVAL OF CITY COUNCIL MEETING MINUTES.
RECOMMENDATION:APPROVE AS PRESENTED.
10-14-19CCDraftMinutes
10-28-19CCDraftMinutes
11-12-19CCDraftMinutes
11-25-19CCDraftMinutes
12-23-19CCDraftMinutes
5.B PAYMENT OF BILLS.
RECOMMENDATION:APPROVE AS PRESENTED.
5B.pdf
5.C FINANCIAL STATEMENT FOR THE MONTH OF NOVEMBER 2019.
RECOMMENDATION:APPROVE AS PRESENTED.
5C.pdf
5.D REPUBLIC SERVICES RECYCLING TONNAGE REPORT FOR NOVEMBER 2019.
RECOMMENDATION:APPROVE AS PRESENTED.
5D.pdf
5.E CONSIDER AND APPROVE THE ANNUAL VENDOR LIST.
RECOMMENDATION:
It is recommended that the City Council approve the Annual Vendor List designating preferred vendors for certain
City purchases.1
2020 Vendor List.docx
5.F CONSIDER AND APPROVE CITY COUNCIL MEETING DATES FOR CALENDAR YEAR 2020
RECOMMENDATION:
It is recommended that members of the City Council approve the Calendar of 2020 Meeting Dates & Holidays. There is
one holiday that lands on regularly scheduled City Council meetings; May 25, 2020 Memorial Day.
Staff is recommending to reschedule the May 25th meeting to Tuesday, May 26 th or Wednesday, May 27 th. The
Holiday Party will be held on the second Monday of the month, December 14th as years past, and holding a Regular
City Council Meeting on December 21st 2020, which will fall on the third Monday of the month.
Item4F_Attach01_ 2020CityCouncilMeetingDates.xlsx
5.G CONSIDER AND APPROVE CITY COUNCIL BUDGET CALENDAR FISCAL YEAR 2020-2021
RECOMMENDATION:
It is recommended that members of the City Council approve the Budget Calendar of Fiscal Year 2020-2021.
Item4G_Attach01_BudgetCalendarFY20-21v3.docx
5.H RESOLUTION 1247: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS
AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS AS PROVIDED BY SECTION 34090 OF
THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA.
RECOMMENDATION:
It is recommended that members of the City Council adopt Resolution No. 1247 authorizing the destruction of certain
City records as provided by Section 34070 of the Government Code of the State of California.
Item4H_Attach02_DestructionFormsOfRecords.docx.pdf
Item4H_Attach01_ResolutionApprovingDestructionOfRecordsv1.docx
6.COMMISSION ITEMS
6.A CONSIDERATION TO RECEIVE AND FILE RESOLUTION NO. 2019-16 FROM THE PLANNING COMMISSION
GRANTING APPROVAL OF A LOT LINE ADJUSTMENT BETWEEN FOUR PARCELS ALONG STORM HILL
LANE IN ZONING CASE NO. 949, (STORM PROPERTIES, INC.)
RECOMMENDATION:
It is recommended that the City Council receive and file this report.
PC Reso 2019-16.pdf
6.B CONSIDERATION TO RECEIVE AND FILE RESOLUTION NO. 2019-17 FROM THE PLANNING COMMISSION
GRANTING APPROVAL FOR GRADING FOR A NEW ROAD TO SERVE PROPERTIES ON STORM HILL
LANE; AND ADOPTING A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND
REPORTING PROGRAM REQUEST IN ZONING CASE NO. 950; AND APPROVING REQUEST FOR ONE-YEAR
TIME EXTENSION OF SCHEDULE A THROUGH E (STORM PROPERTIES, INC.)
RECOMMENDATION:
It is recommended that the City Council receive and file this report from the Planning Commission and approve the
one-year extension request from the current deadline date of June 8, 2020.
PC Reso 2019-17.pdf
PC Report 11.19.19.pdf
Item 5B_Attach03 4th Amendment.doc
6.C CONSIDERATION TO RECEIVE AND FILE RESOLUTION NO. 2019-18 FROM THE PLANNING COMMISSION
GRANTING APPROVAL TO CONSTRUCT A 1,789 SQUARE FOOT HOUSE ADDITION AND 324 SQUARE
FOOT GARAGE ADDITION, AND TO ATTACH AN EXISTING 978 SQUARE FOOT GUEST HOUSE TO THE
RESIDENCE FOR A TOTAL OF 7,519 SQUARE FOOT RESIDENCE AND 1,030 SQUARE FOOT GARAGE AND
GRADING OF 50 CUBIC YARDS OF DIRT; AND A CONDITIONAL USE PERMIT (CUP) TO CONSTRUCT A 799
SQUARE FOOT GUEST HOUSE AT A PROPERTY LOCATED AT 13 EASTFIELD DRIVE (LOT 53-EF)
ROLLING HILLS, CA, (BIRKETT).
RECOMMENDATION:It is recommended that the City Council receive and file this report.
Reso2019-18_13Eastfield_ZC960.docx 2
7.PUBLIC HEARINGS
NONE.
8.OLD BUSINESS
8.A CONSIDERATION AND APPROVAL TO AWARD A CONSTRUCTION CONTRACT TO PCI FOR THE FY 2019-
2020 TRAFFIC SIGNING, STRIPING, AND PAVEMENT MARKING PROJECT FOR AN AMOUNT OF $40,479.50
FOR WORK INCLUDED IN SCHEDULE A.
RECOMMENDATION:Staff recommends that the City Council move to award the construction contract to PCI for
work included in Schedule A of the Request for Bid for an amount of $40,479.50 and allocate an additional $4,048 for
10% contingency for a total of $44,527.50. Staff also recommends that the City Council direct staff to solicit pricing
from the Los Angeles County Public Works Department to perform the work outlined in Schedule B.
Item7A_Attach01_12-19-19__PCI Bid_2019-12-23.pdf
Item7A_Attach02_12-19-19__Sterndahl Bid_2019-12-23.pdf
Item7A_Attach03_Construction Agreement for PCI_2019-12-23.doc
9.NEW BUSINESS
9.A CONSIDER AND APPROVE A CONTRACT AMENDMENT WITH ROGERS, ANDERSON, MALODY & SCOTT,
LLP TO PROVIDE FINANCIAL DATA ENTRY SERVICES FOR A MAXIMUM FEE OF $26,750.
RECOMMENDATION:
It is recommended the City Council authorize the City Manager to approve a contract amendment with Rogers,
Anderson, Malody & Scott, LLP to record the financial activity for Fiscal Years 2014-15, 2015-16, 2016-17, 2017-18
and 2018-19 into the new Finance Department Accounting Software.
Engagement Letter and Support.pdf
9.B CONSIDER AND APPROVE STRATEGIC PLANNING WORKSHOP AGENDA.
RECOMMENDATION:Staff recommends that the City Council approve the strategic planning workshop agenda for
the January 25, 2020 meeting.
10.MATTERS FROM THE CITY COUNCIL AND MEETING ATTENDANCE REPORTS
11.MATTERS FROM STAFF
11.A RECEIVE AND FILE FOURTH QUARTER 2019 REPORT ON FIRE FUEL ABATEMENT ENFORCEMENT
CASES.
RECOMMENDATION:
Staff recommends that the City Council receive and file the Fourth Quarter 2019 report on Code Enforcement and Fire
Fuel Abatement cases.
Item10A_Attch01_Active VegetationCases.pdf
10A_Attachment 2 Comprehensive.pdf
12.ADJOURNMENT
THE MEETING WILL BE ADJOURNED IN MEMORY OF FRANK HILL, FORMER COUNCILMEMBER OF THE CITY OF
ROLLING HILLS. HE PASSED AWAY ON DECEMBEER 02, 2019.
Next regular meeting: Monday, January 27, 2020 at 7:00 p.m. in the City Council Chamber, Rolling Hills City Hall, 2 Portuguese
Bend Road, Rolling Hills, California, 90274.
Public Comment is welcome on any item prior to City Council action on the item.
Documents pertaining to an agenda item received after the posting of the agenda are available for review in the City Clerk's office or
at the meeting at which the item will be considered.
In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting due to
your disability, please contact the City Clerk at (310) 377-1521 at least 48 hours prior to the meeting to enable the City to make
reasonable arrangements to ensure accessibility and accommodation for your review of this agenda and attendance at this meeting.
3
Agenda Item No.: 5.A
Mtg. Date: 01/13/2020
TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM:YOHANA CORONEL,
THRU:ELAINE JENG P.E., CITY MANAGER
SUBJECT:APPROVAL OF CITY COUNCIL MEETING MINUTES.
DATE:January 13, 2020
BACKGROUND:
NONE.
DISCUSSION:
NONE.
RECOMMENDATION:
APPROVE AS PRESENTED.
ATTACHMENTS:
10-14-19CCDraftMinutes
10-28-19CCDraftMinutes
11-12-19CCDraftMinutes
11-25-19CCDraftMinutes
12-23-19CCDraftMinutes
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DRAFT
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MINUTES OF
A REGULAR MEETING
OF THE
CITY COUNCIL OF THE
CITY OF ROLLING HILLS, CALIFORNIA
MONDAY, OCTOBER 14, 2019
1.CALL TO ORDER
A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor
Mirsch at 7:00p.m. in the City Council Chamber at City Hall, 2 Portuguese Bend Road, Rolling
Hills, California.
2.ROLL CALL
Councilmembers Present:Mayor Mirsch, Pieper, Dieringer, Black and Wilson.
Councilmembers Absent:None
Others Present:Elaine Jeng, P.E., City Manager
Yolanta Schwartz, Planning Director
Meredith Elguira, Planning and Community Services Director
Yohana Coronel, City Clerk
Michael Jenkins, City Attorney
Alfred Visco, 15 Cinchring
Arval Witte,
Carol Witte,
Cris Sarabia, Palos Verdes Peninsula Land Conservancy
James O’Neill, City of Rancho Palos Verdes
Mayor Mirsch introduced Meredith Elguira, the City’s new Planning and Community Services
Director. Meredith will be replacing long time Planning Director Yolanta Schwartz.
3.OPEN AGENDA - PUBLIC COMMENT WELCOME
There were no public comments.
4.CONSENT CALENDAR
Matters which may be acted upon by the City Council in a single motion. Any Councilmember may
request removal of any item from the Consent Calendar causing it to be considered under Council
Actions.
A.MINUTES – REGULAR MEETING OF SEPTEMBER 09, 2019.
RECOMMENDATION: APPROVE AS PRESENTED
B.PAYMENT OF BILLS.
RECOMMENDATION: APPROVE AS PRESENTED
C.REPUBLIC SERVICES RECYCLING TONNAGE REPORT FOR AUGUST
2019.
RECOMMENDATION: APPROVE AS PRESENTED 5
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D.FINANCIAL STATEMENT FOR THE MONTH OF AUGUST & SEPTEMBER
2019.
RECOMMENDATION: APPROVE AS PRESENTED
Councilmember Black moved that the City Council approve the items on the consent calendar
except for item 4A. Mayor Pro Tem Pieper seconded the motion and the motion carried without
objection by a voice vote as follows:
AYES:COUNCILMEMBERS: Mayor Mirsch, Pieper, Dieringer, Black, and Wilson
NOES:COUNCILMEMBERS: None.
ABSENT:COUNCILMEMBERS: None.
ABSTAIN: COUNCILMEMBERS: None.
Mayor Mirsch pointed to page 7 of the meeting minutes, and identified that “Rule 20A” has been
added to the minutes. Mayor Mirsch asked for confirmation that Rule 20A was properly added
and referenced. Councilmember Wilson moved that the City Council pull the minutes and bring
the minutes back to the City Council at the next meeting. Councilmember Dieringer seconded the
motion and the motion carried without objection by a voice vote as follows:
AYES:COUNCILMEMBERS: Mayor Mirsch, Pieper, Dieringer, Black, and Wilson
NOES:COUNCILMEMBERS: None.
ABSENT:COUNCILMEMBERS: None.
ABSTAIN: COUNCILMEMBERS: None.
5.COMMISSION ITEMS
NONE.
6.PUBLIC HEARINGS
NONE.
7.OLD BUSINESS
NONE.
8.NEW BUSINESS
A.CONSIDER AND APPROVE PROPOSAL FROM THE PALOS VERDES
PENINSULA LAND CONSERVANCY TO REMOVE ACACIA SHRUB AND
MUSTARD PLANT NEAR THE BORDER OF THE CITY OF ROLLING HILLS
AND THE NATURE PRESERVE.
City Manager Jeng referenced this agenda item to several previous City Council meetings where
the City Council expressed the desire to reach out to the Palos VerdesPeninsula Land Conservancy
to discuss fuel modification. Staff reached out to the Conservancy Executive Director Adrienne
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Mohan and conducted several meetings discussing opportunities to extend the Conservancy’s
current fuel modification work to the border between Rolling Hills and the Conservancy. City
Manager Jeng reported that in response, Adrienne provided a proposal. Staff also discussed with
Adrienne if there is a possibility for eradication of Mustard plants rather than funding on-going
work on an annual basis. City Manager Jeng stated that the Conservancy has experience elsewhere
eliminating Mustard plants via the mow-and-kill method for a period of three years. Adrienne
included a long term plan to eradicate Mustard Plant in her proposal. After the three-year period,
the Conservancy would assess if replanting is appropriate based on the amount of seeding removed
through the mow-and-kill process. City Manager Jeng noted that the proposal for consideration is
comprised of two things: the first is immediate action to remove fire fuel along the border in the
Preserve. The second is the long term work shown on page 7 through 14 of the Conservancy’s
proposal. City Manager Jeng introduced a staff from the City of Rancho Palos Verdes and from
the Palos Verdes Peninsula Land Conservancy in the audience who are available to answer
questions.
Councilmember Black pointed out on page 8 of 14 of the proposal and noted that the proposed
location of the work is too far from the City. Councilmember Black expressed desire to do the
fuel modification work proposed but preferred the work to be along the east-west direction rather
than along the north-south direction.
Mayor Pro Tem Pieper agreed with Councilmember Black that the fuel modification is important.
Mayor Mirsch asked to hear from the representative from the Conservancy. City Manager Jeng
introduced Cris Sarabia from the Conservancy.
Councilmember Black re-stated his preference for the locations of work for Mr. Sarabia. Mainly
the locations expressed are along the east-west directions along the border of Rolling Hills and the
Conservancy.
Mr. Sarabia responded that he would have to revisit the site to determine if the preferred locations
can allow a tractor mower to traverse the subject area. Areas with pockets of native plants cannot
be worked on with the mower but rather require a field crew to use smaller equipment to maneuver
around the native plants.
Mayor Pro Tem Pieper inquired if the Conservancy will perform the work or have a contractor
perform the work.
Mr. Sarabia responded that the Conservancy is exploring both options. The reason for the
identified locations is to provide flexibility as the selected areas allow large machinery and
continuous work.
Discussion ensued between Councilmember Black and Mr. Sarabia with respect to fuel
modification work locations depicted in several pages of the Conservancy’s proposal. James
O’Neill, Public Works Department, City of Rancho Palos Verdes assisted in the discussion with
information related to the locations of recent fuel modification work conducted by Rancho Palos
Verdes.
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Mr. Oneil provided a possible explanation for Councilmember Black’s observation of the patches
of fuel modification work near Mr. Alfred Visco’s property. Mr. Oneil noted that per the Fire
Department’s requirement of 200 feet of clearance from structures, there may be a 30-foot distance
of the required 200-foot radius closest to the structure referenced while the remaining is within the
Nature Preserve.
Councilmember Black expressed that he does not feel that the 150-foot radius per the Fire
Department is adequate.
Mr. Oneil inquired the width of the barrier strip desired.
Mayor Pro Tem Pieper responded the wider the better. If 200 feet is the starting point, start with
that and move on to the next 200 feet.
Councilmember Wilson inquired about the eradication of the Mustard Plant and the optimal
timeframe for mowing, for budgeting purposes.
Mr. Sarabia responded that the Conservancy has extensive experience with eradicating Mustard
Plant. It is a long term process. Outlining the process, Mr. Sarabia noted that before the Mustard
Plant flower, the Conservancy will mow the plant before the seeds are dropped. Mowing now
when the Mustard Plant is dry will not help the seed bank but will eliminate the fuel load. But
next year, the Mustard Plant will be mowed before becoming dry and before the seeds are dropped
to reduce the seed bank. Mr. Sarabia noted that depending on the rainy season, the mowing are
scheduled for the Spring, Spring into Summer and Summer.
City Manager Jeng confirmed with Mr. Sarabia that there is $12,000 budget set aside per year.
The $12,000 covers the mowing prior to the rainy season but if there is second mowing needed in
that rainy season, the $12,000 would cover the second mowing.
Councilmember Dieringer inquired if Rancho Palos Verdes would be willing to cost share the
work since locations of the proposed work is not quite the desired areas of work. Also, the
proposed areas of work are all located in the Conservancy.
Mr. Oneil responded that Rancho Palos Verdes’ areas of responsibility are dictated by the Fire
Department’s requirement of 200-foot radius from structures. The City of Rancho Palos Verdes
already fulfilled their responsibilities this year and will continue on an annual basis. Mr. Oneil
noted that the City Council’s desire is to create a fire strip outside of the areas of the 200-foot
radius from structures. In response to Councilmember Dieringer’s inquiry, Mr. Oneil clarified that
the City of Rancho Palos Verdes will perform fuel modificationmodification within 200 feet radius
of structures in Rolling Hills within the Nature Preserve with considerations for native habitat, if
any is present.
Mayor Mirsch inquired if the native vegetation within the 200-foot radius is dead, would the dead
vegetation be removed.
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Mr. Sarabia responded that the dead native vegetation would be removed.
In response to Councilmember Dieringer’s inquiry, Mr. Oneil responded that he could not respond
on behalf of the City of Rancho Palos Verdes City Council on the monetary contribution for
additional fuel modifications beyond the Fire Department’s requirements.
Councilmember Black noted that the City should facilitate access to sites from the City of Rolling
Hills.
Mayor Mirsch clarified with Councilmember Black that access should be provided to the City of
Rancho Palos Verdes not only for the fuel modification work paid for by Rolling Hills but also for
the fuel modification work performed with the City of Rancho Palos Verdes on an annual basis.
Councilmember Dieringer inquired how long it would take to have a cost figure to provide a fire
strip along the border. She also inquired if there is a guarantee that three years of mow-and-kill
would eradicate the Mustard Plant.
Mr. Sarabia responded that it will take about two weeks to have a cost estimate for the fire strip
along the border. The Conservancy will not provide a guarantee for the expressed timeframe to
eradicate the Mustard Plant. It all depends on the type of seed bank.
Discussion ensued on the action to be taken by the City Council.
Councilmember Dieringer inquired about quality assurance about the scope of work that would be
performed. She also inquired about the time needed for the City of Rancho Palos Verdes to
respond to the request to cost share the fuel modification work.
Mr. Sarabia responded that photographs and monitoring documentation will be provided. The
Conservancy has an interest to eradicate the Mustard Plant. Mr. Oneil responded that he will
discuss the cost share request with his City Manager.
Mayor Mirsch inquired if there is value to conduct a site visit with the Land Conservancy.
Councilmember Black expressed he does not want to slow the process down.
Alfred Visco, 15 Cinchring Road expressed that it is his understanding that the proposed work
does not need to go back to the City of Rancho Palos Verdes for approval for the work. He asked
for confirmation. Mr. Visco pointed to the pages of the proposal showing his property. He is
intimately aware of the fuel modification work adjacent to his property including giving
permission to the City of Rancho Palos Verdes to conduct the fuel modification work. Mr. Visco
provided his understanding of the Rancho Palos Verdes’ fuel modification requirements. Mr.
Visco recommended to perform the annual mowing and Acacia removal right now. Anything
performed this year would be helpful. The City of Rancho Palos Verdes and the Land Conservancy
have completed their fire fuel modificationmodification for the year and will not be taking
additional action on this front. Mr. Visco also expressed that the City Council should take legal
remedies against the City of Rancho Palos Verdes.
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Arval Witte expressed that we are close to a breakthrough. Mr. Witte provided information on
homes lost in past fires in the City of Rolling Hills. Mr. Witte also noted that he contributed to the
Land Conservancy.
Carol Witte noted that she walked down from the fire station, (Rim Trail) and she observed a lot
of fire fuel. It would take a spark to affect her home. Please do something about the fire fuel near
the fire station.
Mayor Pro Tem Pieper moved to approve the proposal as presented excluding the long term work.
The motion did not get a second.
Councilmember Black moved to approve the dollar amount including the on-going three year
annual work but modify the locations of work to be closer to and along the border of Rolling Hills.
Mayor Pro Tem Pieper seconded the motion.
Discussions ensued on the proposed motion.
Mr. Sarabia clarified that the Conservancy only looked into the scope of work as far as Paint Brush
Trail.
City Manager Jeng expressed that the City Council appeared to be agreeable to page 9 of 14 and
page 10 of 14. She suggested that the City Council move forward with the scope of work that is
agreeable. She spoke with Cris and suggested to readjust the work on page of 8 of 14 to swing it
closer to the City border. The dollar amount dedicated to page 8 of 14, if it is reallocated may not
go far since the work is closer to the border which would need more manual labor and it would be
more costly. City Manager Jeng suggested to allow staff to further discuss with the Conservancy
regarding modified areas of work as requested by the City Council.
Discussions ensued on the modified areas of work.
Mayor Pro Tem Pieper expressed that any removal of fire fuel will be helpful. He expressed why
would the City not remove the big swath of Mustard Plant for $7,000. Mayor Pro Tem Pieper
noted that the City Council should approve as presented and the action might be approving a few
thousand dollars beyond what the City wanted but the work will eliminate fire fuel. If the work is
piecemealed, Mayor Pro Tem Pieper expressed that the City Council will continue to talk about
the matter and it will be weeks before any work commences. Mayor Pro Tem Pieper noted that
the only question is when the work will start.
Councilmember Black withdrew his motion.
Mr. Sarabia stated that he can mobilize crews to start the work within the next 10 days.
Mayor Mirsch asked the Conservancy to expedite the mobilization as soon as possible.
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Mayor Pro Tem Pieper motioned to approve the item as presented. Mayor Mirsch seconded the
motion.
Discussions ensued on re-directing work to the east-west direction as much as possible.
City Clerk Coronel repeated the motion as follows: Mayor Pro Tem Pieper motioned to approve
the item as presented. Councilmember Wilson seconded the motion and the motioncarried without
objection by a voice vote as follows:
AYES:COUNCILMEMBERS: Mayor Mirsch, Pieper, Dieringer, Black, and Wilson
NOES:COUNCILMEMBERS: None.
ABSENT:COUNCILMEMBERS: None.
ABSTAIN: COUNCILMEMBERS: None.
B.CONSIDER AND APPROVE JOINT FEASIBILITY STUDY PROPOSED BY
THE CITY OF RANCHO PALOS VERDES TO INSTALL SEWER MAIN
LINES NEAR THE FLYING TRIANGLE AREA.
City Manager Jeng informed the Council that City of Rancho Palos Verdes reached out to discuss
opportunities for a joint sewer project that would address RPV’s land movement and Rolling Hills’
desire for sewer mains. A subcommittee of the City Council of RPV requested several meetings
with two members of the City Council of Rolling Hills. Subsequent to Council’s meeting with
RPV, RPV provided a proposal from the engineering consultant NV5 to perform a feasibility for
sewer main lines in the Flying Triangle area. RPV requested to cost share NV5’s fees.
Councilmember Black motioned to approve the item as presented and approved the cost share
amount. Mayor Pro Tem Pieper seconded the motion.
Mayor Mirsch asked for public comments.
Mr. Visco expressed that the City should leverage any money given to RPV. Mr. Visco suggested
to the City Council to go back to RPV to ask for money for fire fuel modification work.
Councilmember Wilson inquired if there is any anticipated impact with RPV’s City Manager
retiring and asked for confirmation that the fee is a fixed cost.
City Manager Jeng responded that she spoke with City Manager Doug Wilmore but could not
anticipate impacts that may come on the RPV side with a change of staff and change of Council.
The current Council is very interested in completing the feasibility study. City Manager Jeng
confirmed that NV5’s fee is a fixed cost.
Councilmember Dieringer inquired about the duration for the study and any other obligations on
the part of the City from contributing to the study.
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City Manager Jeng responded that there would be no other obligations other than contributing to
the study. Councilmember Wilson noted that the proposal noted the study will be completed four
weeks from notice to proceed.
The motion carried without objection by a voice vote as follows:
AYES:COUNCILMEMBERS: Mayor Mirsch, Pieper, Dieringer, Black, and Wilson
NOES:COUNCILMEMBERS: None.
ABSENT:COUNCILMEMBERS: None.
ABSTAIN: COUNCILMEMBERS: None.
C.CONSIDERATION AND APPROVAL THE PROJECT SPECIFICATIONS FOR
THE FY 2019-2020 SIGNING AND STRIPING PROJECT AND AUTHORIZE
STAFF TO ADVERTISE FOR CONSTRUCTION BIDS.
City Manager Jeng informed the City Council that staff has requested the Council to approve
advertisement for striping for the four streets paved by the Association earlier in the year. She
apologized for not completing the project. With the Association planning to pave Crest Road East
in a few days, there is opportunity to combine the project and advertise for construction bid for a
bigger project. The project also included striping horse crossings per the traffic engineer’s
recommendations and addressing safety issues at one intersection in the City.
Mayor Pro Tem Pieper motion to approve the item as presented. The motion was seconded by
Councilmember Wilson.
Mayor Mirsch inquired limit lines, horse crossing and duplications.
City Manage Jeng pointed to the Attachment A of the staff report and that inventory was put
together by the Association and Caballeros. The traffic engineer used the initial list to conduct his
site visits and provided his recommendations. In general if the horse crossing is located in an
isolated location, the traffic engineer would recommend striping. In general if the horse crossing
is located at an existing stop controlled location, the traffic engineer would not recommend
additional striping for the horse crossing because there is already a limit line at the intersection.
Councilmember Dieringer inquired about the removal of thermoplastic from the project.
City Manager Jeng responded that there was an extensive discussion at the Traffic Commission to
eliminate the use of thermoplastic everywhere to protect horses as the thermoplastic is slippery for
the horses.
Mayor Pro Tem Pieper requested to be consistent along the edge of pavement.
Councilmember Wilson inquired if the Los Angeles County would be asked to provide a cost
estimate.
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City Manager Jeng responded that staff can request the County for a cost estimate but the staff
intends to put the project out for competitive bids.
The motion carried without objection by a voice vote as follows:
AYES:COUNCILMEMBERS: Mayor Mirsch, Pieper, Dieringer, Black, and Wilson
NOES:COUNCILMEMBERS: None.
ABSENT:COUNCILMEMBERS: None.
ABSTAIN: COUNCILMEMBERS: None.
D.CONSIDER CALOES DESIGNATION OF SUBRECIPIENT’S AGENT AND
FEDERAL FUNDING ACCOUNTABILITY.
CONSIDER ALLOCATION OF FUNDS FOR THE PREPARATION OF
SAFETY ELEMENT TO BE REIMBURSED AT 75%.
Planning Director Schwartz reported that the City was awarded a grant application for the
preparation of the Safety Element from CalOES. As part of the acceptance of the grant there are
several forms required by CalOES. Planning Director Schwartz requested the City Council to
approve the form to designate the subrecipient’s agent, the City Manager. With the designation,
going forward, other required forms can be signed by the City Manager. Planning Director
Schwartz requested an allocation of half of the project cost to be spent this year.
Councilmember Dieringer motion to approve the item as presented. Mayor Pro Tem Pieper
seconded the motion and the motion carried without objection by a voice vote as follows:
AYES:COUNCILMEMBERS: Mayor Mirsch, Pieper, Dieringer, Black, and Wilson
NOES:COUNCILMEMBERS: None.
ABSENT:COUNCILMEMBERS: None.
ABSTAIN: COUNCILMEMBERS: None.
9.MATTERS FROM THE CITY COUNCIL AND MEETING ATTENDANCE
REPORTS
A.DISCUSS ON-GOING CUSTOMER SERVICE ISSUES WITH COX
REPRESENTATIVE.
City Manager Jeng stated that at the last City Council meeting, Dr. Black requested an agenda item
to discuss customer service issues with COX. City Manager Jeng invited two members of the
COX team to the meeting. City Manager Jeng introduced Kristen Camuglia, the Government and
Regulatory Affairs Liaison and Rey Castro, Construction Supervisor for the Peninsula.
Mr. Castro informed the City Council that the company is investing in a five-year plan to improve
customer service.
Ms. Camuglia and Mr. Castro provided a presentation of the company with specific statistics for
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the four Peninsula cities.
Councilmember Black requested confirmation that there is one group of technicians that address
the plant miles to the tap and another group of technicians that address from the tap to the home.
Councilmember Black inquired if there is another group that addresses issues within the home?
Mr. Castro responded yes they are the universal home technicians.
Mayor Mirsch inquired the contractors and if the level of service of the contractor should be the
same as technicians?
Mr. Castro responded yes the level of service should be consistent.
Councilmember Wilson noted that Rolling Hills is a gated community and trucks entering the City
showing COX on the truck is not a problem. However if the service truck does not have COX on
the truck, the truck would be turned away at the gate house.
Mr. Castro stated the company provides magnetic logo to contractors and the contractors are
required to have the magnetic logos on all trucks. COX inspects contractors’ trucks for logos. Mr.
Castro will follow up on this matter.
Ms. Camuglia added that the contractors need to have an annual permit with the Association in
order to operate in the City.
Mayor Mirsch inquired if COX is converting to fiber in Rolling Hills.
Mr. Castro responded yes COX is conducting conversion to fiber in Rolling Hills.
Councilmember Black inquired if the conversion would replace existing poles.
Mr. Castro responded that COX does not own poles and rents pole for equipment.
Discussions ensued on customer site visit requests, missed visits, and COX’s service window.
Mr. Castro informed the City Council that he can pull up specific service calls and address
customer service issues.
Councilmember Wilson outlined an incident that required six service requests to successfully
troubleshoot the issue. Councilmember Black discussed that COX equipment (panoramic wifi)
does not work for one story homes.
Ms. Camuglia informed the City Council data showing intermittent service in the Peninsula is
primarily due to squirrel chew and moisture depending on the time of day.
Councilmember Black inquired about the diagnostic process from squirrel chew and deteriorating
wires from moisture.
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Ms. Camuglia informed the City Council that the COX company is a franchise of the State of
California. The California Public Utilities Commission left the customer oversight with the City
Council. On COX’s bill, the City Hall’s number is listed for customer complaints. COX has an
escalation program with a dedicated email and phone numbers to take service calls. Ms. Camuglia
will email the dedicated email and phone numbers to all City Councilmembers.
Mr. Castro offered to conduct a service study for Rolling Hills.
City Manager Jeng informed the City Council Rey was instrumental in starting the monthly utility
meetings aimed at moving forward with undergrounding project. City Manager Jeng suggested
that if Rey can have staff stay after the monthly utility meeting to have an outlet for residents to
get face to face customer service.
Mr. Castro committed to being available monthly to address existing customer service issues.
Councilmember Dieringer inquired if a secondary call is made, immediately after a technician
leaves a site, does the service call go back in the queue?
Ms. Camuglia recognized this has been the issue: the repeat call for service gets placed back into
the queue. Ms. Camuglia outlined a program that is changing the computer system to recognize
follow up calls should not be designed as tier one (introductory) calls.
Councilmember Black inquired what the City Council can do if COX does not follow up on these
customer issues.
Ms. Camuglia noted that the City of Rolling Hills Estates implemented a service standard. It is in
the ordinance.
City Manager Jeng said that staff will focus on addressing residents’ customer service issues
through the monthly meetings and coordinate with the City of Rolling Hills Estates and the other
Peninsula cities on a regional effort to establishing service standards.
10.MATTERS FROM STAFF
A.RECEIVE AND FILE THIRD QUARTER 2019 REPORT ON FIRE FUEL
ABATEMENT ENFORCEMENT CASES.
Planning Director Schwartz reported that there were data errors in the City Council’s packet and
the errors were corrected. The corrected data was provided on the dais. Planning Director
Schwartz provided statistics on the code cases for the quarter. There were four dead vegetation
enforcement cases that required the expertise of the arborist.
Mayor Mirsch inquired about the date the Code Enforcement Officer was employed on a full time
basis.
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City Manager Jeng responded on October 9, 2019.
Mr. Visco discussed the location of the property at 7 Ranchero Road. Mr. Visco reported that the
said property showed little progress in eliminating fire fuel and discussed the adverse impact of
the lack of progress to the surrounding properties. Mr. Visco also reported that the City is being
too easy on Mr. Mokand he needs to comply with the City’s dead vegetation ordinance. Mr. Visco
informed the City Council that he will sue someone to motivate progress on the said property.
Councilmember Black inquired about the code enforcement case on 2 Appaloosa.
Planning Director responded that the case should have noted the compliant unfounded.
Mayor Mirsch commented that there are 10 cases over one year old that are being monitored. This
is unacceptable. There needs to be more information beyond monitoring. Who does Delia report
to?
City Manager Jeng responded that Delia reports to the Planning Director. City Manager Jeng
reported that the previous Senior Planner created the initial list and there have been multiple lists
createdby different staff. With more people working on code enforcement cases, it was discovered
that staff’s nomenclature are different. One address may have multiple cases. Staff used addresses
as the reference. Of the multiple enforcement cases at an address, the address would be designated
active even though cases have been closed. The address would be designated closed only if all
cases on the address are closed. In the future staff will keep cases as separate line items to capture
the true duration of open cases.
The City Council received and file the item.
B. UPDATE ON TENNIS COURT IMPROVEMENTS (ORAL).
City Manager Jeng stated that she does not have new information to report on the cost of the
amenities proposed by the Association. Based on the conversation with the Association Manager
in the afternoon, the cost estimate requested would depend on if prevailing wage is required. City
Manager Jeng also reported that she had a conversation with the City Attorney with respect to
prevailing wage. If the Association requests contribution from the City, the project would have to
pay prevailing wage. If the projects were kept separate, the City would be required to pay
prevailing wage but the Association can proceed in the matter of their choice.
Mayor Pro Pieper inquired if there could be clear delineation of the projects.
City Manager Jeng outlined the components of the overall project and the sequence of the
components and reported that the Association Manager informed her that she will be taking the
project to the Association Board to confirm if they will be requesting contribution from the City.
More discussion is needed depending on the Association Board’s vote.
In response to Mayor Mirsch’s inquiries, City Attorney Jenkins questioned if there is sufficient
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savings from separating the project with having to manage the logistics needed to keep the projects
separate and successfully completed.
Discussions ensued on project sequencing.
City Manager Jeng noted that the lease agreement required the Association to get approval from
the City Council to move forward with the proposed amenities. City Manager Jeng reminded the
City Council that the decision was delayed to get cost estimate information on the proposed
amenities.
Mayor Pro Tem Pieper suggested that the Association provide the City a clear delineation of the
projects to move forward with constructing the projects separately.
Councilmember Dieringer inquired if it is possible for the City to move forward with the ADA
component of the project.
City Manager Jeng responded that yes it is feasible for the City to move forward with the ADA
component in advance of the Association’s proposed amenities however the new improvement
may be cut into in order for the Association to place the septic tank and the plumbing needed for
the above ground amenities. City Manager Jeng outlined a sequence of work potentially to
separate the projects into three components.
City Manager Jeng noted that in the agenda items discussed earlier in the meeting, except for the
signing and striping, have been approved for funding from the budget set aside for the tennis court
improvement project. Given the status on the tennis court project it is unlikely that the budget set
aside for the project will be expended this fiscal year hence the recommendations to use the funds
for other priorities such as the Mustard Plant removal with the Conservancy.
City Manager Jeng noted that she will bring the item back once additional information is provided
by the Association.
The City Council received and filed the item.
At 10:14pm, the City Council took a 10 minute recess.
11.CLOSED SESSION
A.ANTICIPATED LITIGATION
The City Council finds, based on advice from the City Attorney, that discussion in
open session of the following described matter will prejudice the position of the
City in anticipated litigation:
ANTICIPATION OF LITIGATION: Government Code section 54956.9(d)(2)
and (e)(5)
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A point has been reached where, in the opinion of the City Council on the advice
of its legal counsel, there is a significant exposure to litigation against the City.
Number of Potential Cases: One matter of threatened litigation
City Attorney Jenkins reported that there is no reportable action from closed session.
12. ADJOURNMENT
Hearing no further business before the City Council, Mayor Mirsch adjourned the meeting at
11:23p.m. The next regular meeting of the City Council is scheduled to be held on Monday,
October 28, 2019 beginning at 7:00 p.m. in the City Council Chamber at City Hall, 2 Portuguese
Bend Road, Rolling Hills, California.
Respectfully submitted,
___________________________________
Yohana Coronel, MBA
City Clerk
Approved,
_____________________________________
Leah Mirsch
Mayor
18
-1-
MINUTES OF
A REGULAR MEETING
OF THE
CITY COUNCIL OF THE
CITY OF ROLLING HILLS, CALIFORNIA
MONDAY, OCTOBER 28, 2019
1.CALL TO ORDER
A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor
Mirsch at 7:02p.m. in the City Council Chamber at City Hall, 2 Portuguese Bend Road, Rolling
Hills, California.
2.ROLL CALL
Councilmembers Present:Mayor Mirsch, Pieper, Dieringer, Black and Wilson.
Councilmembers Absent:None
Others Present:Elaine Jeng, P.E., City Manager.
Yolanta Schwartz, Planning Director
Meredith Elguira, Planning and Community Services Director
Yohana Coronel, City Clerk
Michael Jenkins, City Attorney
Alfred Visco, 15 Cinchuring
Ed Smith, 85 Eastfield Drive
Debbie Morris, HF&H Consultant
3.OPEN AGENDA - PUBLIC COMMENT WELCOME
Alfred Visco, resident of 15 Cinchring reported to the Council his interactions with RPV with
regard to his parcel. He stated that Finley Arborist was awarded the contract to remove the large
acacia. He stated that the reason why they were given the contract was because they were the only
ones that were able to figure out how to get a chipper in the gully. He also informed the Council
that he has done some research with regard to the 7 Ranchero property and submitted his findings
in a letter submitted to the Council. He stated that he felt that the owners of 7 Ranchero had been
given more than enough notice to comply with the dead vegetation ordinance. He also felt that
there was still not enough done by the owner and recommended to the Council that the City should
move forward with whatever the next steps may be with the property owner.
Mayor Mirsch thanked Mr. Visco for his comments.
Ed Smith, 85 Eastfield Drive, inquired about the City’s coyote policy. He also asked what
happened to the peacocks.
Mayor Mirsch responded to Mr. Smith and stated that for two seasons the City authorized trappings
of peacocks during certain times of the year. They were then relocated and after two seasons of
trapping the peacocks did not come back.
Mr. Smith asked why the peacocks were trapped.
Mayor Pro Tem Pieper answered that it was at the request of the residents.
Mr. Smith further inquired if there was a meeting with the residents about who wanted the
peacocks trapped and which residents did not.
Mayor Mirsch stated that this topic was an agendized item on a past council agenda.She also stated
that the Council took the comments from the audience and tried to make the best decision based
on their input.
Mr. Smith stated that he did not recall getting any notification for this item.
Mayor Mirsch stated that notifications were sent out via the back of the blue newsletter.
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Councilmember Wilson stated that not all peacocks were trapped.
Mayor Pro Tem Pieper addressed Mr. Smith’s question about the City’s coyote policy. He stated
that the City of Rolling Hills is the most aggressive city when it comes to coyote trapping. He also
stated that the City has a budget dedicated to coyote trapping and also stated that residents have
the option of contacting private trappers.
Councilmember Black reminded Mr. Smith to submit the coyote trapping consent form.
4.CONSENT CALENDAR
Matters which may be acted upon by the City Council in a single motion. Any Councilmember may
request removal of any item from the Consent Calendar causing it to be considered under Council
Actions.
A.MINUTES – REGULAR MEETING OF JULY 22, 2019, REGULAR MEETING
OF SEPTEMBER 09, 2019 AND REGULAR MEETING OF SEPTEMBER 23,
2019.
RECOMMENDATION: APPROVE AS PRESENTED
B.PAYMENT OF BILLS.
RECOMMENDATION: APPROVE AS PRESENTED
C.REPUBLIC SERVICES RECYCLING TONNAGE REPORT FOR SEPTEMBER
2019.
RECOMMENDATION: APPROVE AS PRESENTED
D.INVITATION LIST FOR 2019 HOLIDAY PARTY
RECOMMENDATION: APPROVE AS PRESENTED
Councilmember Dieringer requested pulling consent items 4A and 4D.
Mayor Pro Tem Pieper suggested that item 4A be brought back to the Council to allow
Councilmember Dieringer time to review the edits to the minutes.
Councilmember Blackmoved that the City Council approve consent items 4B and 4C aspresented.
Mayor Pro Tem Pieper seconded the motion and the motion carried without objection by a voice
vote as follows:
AYES:COUNCILMEMBERS: Mayor Mirsch, Pieper, Dieringer, Black, and Wilson
NOES:COUNCILMEMBERS: None.
ABSENT:COUNCILMEMBERS: None.
ABSTAIN: COUNCILMEMBERS: None.
Councilmember Dieringer asked if consent item 4D should be discussed now or could it be
postponed until the next meeting. She noted that some invitees on the list are no longer serving in
the capacity and the list should be updated.
Discussion ensued among the Council about the invitees on the invitation list.
Mayor Pro Tem Pieper suggested to the Council that each member mark their edits and submit
them to the City Manager. Mayor Pro Tem Pieper moved that the City Council approve consent
item 4D with corrections and suggestions made by Councilmembers. Councilmember Wilson
seconded the motion and the motion carried without objection by a voice vote as follows:
AYES:COUNCILMEMBERS: Mayor Mirsch, Pieper, Dieringer, Black, and Wilson
NOES:COUNCILMEMBERS: None.
ABSENT:COUNCILMEMBERS: None.
5.COMMISSION ITEMS
NONE.
6.PUBLIC HEARINGS
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NONE.
7.OLD BUSINESS
NONE.
8.NEW BUSINESS
Mayor Mirsch suggested moving item 8C to the front because there was a representative from
HF&H present in the audience.
C.CONSIDER AND APPROVE A PROFESSIONAL SERVICES AGREEMENT
WITH HF&H CONSULTANTS TO ASSIST THE CITY WITH THE
AMENDMENT AND EXTENSION OF THE SOLID WASTE FRANCHISE
AGREEEMENT BETWEEN THE CITY AND REPUBLIC SERVICES.
City Manager Jeng gave an overview of the professional services agreement with HF&H
Consultants. HF&H was asked to assist the City with drafting a revised franchise agreement with
Republic Services. Republic Services offered to cost share the consultant’s service fee of thirty
thousand dollars. She informed the Council that if the City executes an amended franchise
agreement with Republic Services, then Republic Services will reimburse the City for the other
half of the fee and effectively pay the entire consultant service fees.
Councilmember Dieringer inquired if the City had used this vendor to help negotiate the primary
terms of the contract. She questioned how the City can be assured that they were given a good deal
and good terms.
City Manager Jeng responded that the Solid Waste Committee members took the lead and
discussed what would be acceptable terms going forward. She then stated that the City asked
HF&H to help develop an opinion on those terms in comparison to the market.
Councilmember Wilson clarified that this is the same consultant that helped the City during the
rates negotiation process.
City Manager Jeng clarified that HF&H did not help the City with negotiating the rates but they
were hired to serve as an advisor to the City.
Councilmember Black inquired about HF&H’s scope of work.
City Manager Jeng replied that the scope of work for HF&H is included in the staff report. City
Manager Jeng also pointed out that the contract the City is currently operating under is fifteen
years old and that there has been a lot of legislative changes that need to be addressed. She also
stated that based on the negotiated terms, updates to other areas of the contract are needed. She
also stated that there was a representative from HF&H present in the audience who could cover
the scope of work in more detail.
Mayor Mirsch stated that she found that the consultants were very useful when it came to areas of
compliance and reporting.
Debbie Morris, HF&H Consultant, explained that the City’s Agreement was drafted in 2010. Then
an amendment was added in 2014 and since then certain state regulations have come into effect.
Some do not affect the City since the City has no commercial businesses. She proceeded to inform
the Council that the City will be impacted by Senate Bill (SB) 1383. It was her opinion that the
City should have language in the Agreement to safe guard itself from risks being placed on the
City. SB 1383 states that every generator of organic waste in the State of California must divert
their organic waste (food and yard waste) from landfills. The City will need to make sure that the
food and yard waste programs are properly rolled out to its residents. Other examples of
requirements under this bill are determining the color of carts, route audits, and lid-tip test to check
for contamination. She stated that it is important that the contract is properly written otherwise the
City could face a ten-thousand dollar-a-day fine, at minimum. She also pointed out that it is
important to have a good plan to roll out the new service rates. Future service rates will be adjusted
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based on indices with a specified minimum and maximum percentage. Ms. Morris recommended
to the Council that it is imperative that calculations are presented to the City for verification
because she has seen clerical errors that compound over the years. Ms. Morris informed the
Council that HF&H would create a contract profile highlighting the terms and recommend
alternatives and best practices to terms. The next step would be to meet with the City Manager and
Solid Waste Subcommittee to go over the Agreement and determine what the City wants in the
Agreement. HF&H would then redline the Agreement to be reviewed by the City Attorney, the
Solid Waste Committee, and Republic Services. The final Agreement will be presented to the
Council for approval.
Councilmember Dieringer asked if Debbie Morris was an attorney or if the consultants drafting
the Agreement were attorneys.
Ms. Morris responded no, she is not an attorney but added that she and her office have conducted
this type of work for over thirty years. Solid waste agreements are their specialty but HF&H
always has attorneys who review the agreements.
Mayor Pro Tem Pieper asked City Attorney Michael Jenkins if he does this sort of work.
City Attorney Jenkins replied no and added that the advantage of having HF&H Consultants is
that they do many of these types of agreements. They are subject matter specialists and have a
great data base for reference.
Councilmember Wilson agreed that having HF&H Consultants was a big help because they were
able to bring recent examples of how other cities dealt with increases and helped to determine who
is responsible for SB 1378. He stated he was not fully knowledgeable about the different
legislations.
Mayor Pro Tem Pieper proceeded to lay out the Council’s options: retain HF&H Consultants,
assign it to the City Attorney or choose another consulting firm who will have to go back to the
City Attorney for review. He felt comfortable making a motion to approve the professional
agreement with HF&H Consultants.
Councilmember Dieringer asked if cost sharing was a common practice and for the hauler to pay
for the fee.
Ms. Morris responded that normally when her firm negotiates an agreement or assist with a
competitive bid, the fee is built into the agreement. The vast majority of time the haulers pay for
the development and the negotiation of the Agreement.
Councilmember Dieringer asked if the haulers have an expectation of having certain provisions
for HF&H that they want added to the agreement because they are paying for part and or all the
cost.
Ms. Morris responded Dieringer that the Solid Waste Committee had already negotiated the terms
of the Agreement. Republic Services cannot come back and state that they no longer want to pick
up the City’s trash because they are having to pay for the trash. She stated that she has worked
with Republic Services many times over the years with different cities.
Mayor Mirsch stated that the Council that Republic Services offered their own in-house staff to
help draft the contract and that the Solid Waste Committee felt it was not advisable. Mayor Mirsch
expressed that there is an extra layer of protection with HF&H and did not see issues with
expectations from Republic Services.
Mayor Pro Tem Pieper reminded the Council that the City Attorney’s Office will review the
contract very carefully and determine if there are any issues with the contract.
City Manager Jeng wanted to add that when the City did the audit compliance, Republic Services
paid half. The City hired and paid for the vendor, then Republic Services deposited funds in the
City’s account. She stated that Republic Services did not interact with compliance audit vendor.
City Manager Jeng assured the Council that the same process will be followed with HF&H.
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Mayor Pro Tem Pieper moved that the City Council approve a professional services agreement
with HF&H Consultants and authorize the City Manager to execute the agreement.
Councilmember Wilson seconded the motion and the motion carried by a voice vote as follows:
AYES:COUNCILMEMBERS: Mayor Mirsch, Pieper, Dieringer, and Wilson
NOES:COUNCILMEMBERS: Black
ABSENT:COUNCILMEMBERS: None.
A.CONSIDER AND APPROVE THE MEMORANDUM OF UNDERSTANDING
WITH THE PALOS VERDES PENINSULA UNIFIED SCHOOL DISTRICT TO
COST SHARE TWO SCHOOL RESOURCE OFFICERS FOR FY 2019-2020.
Councilmember Dieringer inquired about how long the MOU will be in effect.
City Manager Jeng pointed out that on page 3 of 35, under section 2, Terms, “this MOU shall
remain in effect for one year from the effective date.”
Councilmember Dieringer asked what will happen after the first year is up.
City Manager Jeng replied that the Agreement is for one year.
Councilmember Dieringer expressed concerns about the role of the School Resource Officer
(SRO). The information provided to the Council is broader than she would like. Even after asking
for several months, the specific information that she requested was not provided. There have been
discussions about this subject matter in the Regional Law Committee meetings for months before
this issue came to the Council. There has always been a request for more information about the
role of this officer and the school District’s expectations of the City. She stated it is a one year
Agreement that has to be renewed every year.
City Manager Jeng stated that the MOU attachment found on page 32 of 35 was provided by
PVPUSD showing the guidelines of the school resource officer. She noted that attachment 2,
between the District and L.A. Universal also has guidelines for the SRO.
Councilmember Dieringer stated thatnot all the questions were answered but understoodthat these
unanswered questions were not sufficient to hold up the process. She wanted the record to reflect
that there were some specifics that were asked of the school District at the Regional Law meeting
that were not addressed. She felt that the District kept delaying in answering the questions. Then
all of a sudden it was handled among the cities and then a MOU was developed. Now it is being
requested to be approved where as she would have preferred to have more information upfront
before receiving the MOU.
Councilmember Wilson inquired about how the City will be invoiced, in arrears or in advance.
City Manager Jeng responded that the City will be invoiced in the arrears and on a quarterly basis.
She informed the Council that the SRO would work during school hours between 8 a.m. through
4 p.m. however there may be overtime. The District assured the Cities that they would clearly
define the hours worked by the SRO.
Councilmember Wilson asked that he be notified when the City gets invoiced for this contract.
Councilmember Black stated that he would like to correct the record about when this discussion
started. He stated that this has been in the works for many years. He recalled this discussion going
back to 2006 or 2008 and the Council and Schools were presented with the initial officers. The
Council then insisted that the police department be present after one of the school shootings. He
stated that this item was years in the making. He recalled asking the Sheriff’s Department in 2010
or 2012 to come and present on officers’ duties. He wanted the record to reflect that this item has
been in the works six to eight years and that this is a big accomplishment.
Councilmember Dieringer clarified her comments and stated she was specifically referring to the
Palos Verdes Regional Law Committee. She was not talking about the first time anyone mentioned
this concept but rather, only when it was discussed as an agenda item on the Palos Verdes Regional
Law Committee. She noted that Councilmember Wilson is the other member of the committee.
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Councilmember Black moved that the City Council approve the attached memorandum of
understanding between PVPUSD and the Peninsula cities and fund the School Resource Officer
Program. Mayor Pro Tem Pieper seconded the motion and the motion carried without objection
by a voice vote as follows:
AYES:COUNCILMEMBERS: Mayor Mirsch, Pieper, Dieringer, Black, and Wilson
NOES:COUNCILMEMBERS: None.
ABSENT:COUNCILMEMBERS: None.
B.CONSIDER AND APPROVE PROPOSED DATES FOR THE CITY COUNCIL
STRATEGIC PLANNING WORKSHOPS IN 2020.
City Manager Jeng noted that during the last budget session it was discussed to hold strategic
planning sessions to provide a road map for next fiscal year’s expenditures. It was discussed then
to have these meetings in March of 2020. City Manager Jeng noted that this is too late in the year
for budget planning and proposed to move it up to January 2020. She proceeded to provide dates
and recommended to the Council to approve the strategic planning workshop dates.
Discussion ensued among the Council. The City Council directed the City Manager to send out
dates between the January 13th and the 27th, 2020 for consideration
9.MATTERS FROM THE CITY COUNCIL AND MEETING ATTENDANCE
REPORTS
A.REPORT FROM PERSONNEL COMMITTEE ON ACTIVITIES RELATING TO
TRAFFIC AND PLANNING COMMISSIONS RECRUITMENT AND
APPOINTMENT PROCESS (ORAL).
City Manager Jeng stated that the City received a total of four applications for the Planning
Commission and a total of two applications for the Traffic Commission. The two applications
received for the Traffic Commission were incumbents. The Personnel Committee decided not to
hold interviews for the incumbents. Out of the four applications received for the Planning
Commission, two were incumbents and two were new applicants. One applicant withdrew his
application leaving one new applicant. The Personnel Committee decided to hold interviews with
all the applicants for the Planning Commission. The interviews were scheduled for Wednesday,
October 30th. She noted that one of the incumbents did not participate in the interviews but was
considered for appointment.
Mayor Mirsch wanted to share that there was a difference of opinion whether the incumbents
should be interviewed. Councilmember Dieringer felt that the interviews presented an opportunity
to get feedback from the incumbents about the contributions the incumbents made.
Councilmember Dieringer also wanted to make sure that there was a level playing field and
fairness to both the incumbents and the new applicants.
Mayor Mirsch noted that she had enough information to consider the incumbents without having
to interview them. Mayor Mirsch recalled the conversation with Councilmember Dieringer:
Councilmember Dieringer expressed she did not have the luxury of attending Planning
Commission meetings due to her schedule and thus she was not as knowledgeable about the
incumbents’ performances. Responding to Mayor Mirsch’s comment that it would be perceived
unfavorably by the existing commissioners to be interviewed, Councilmember Dieringer
responded that commissioners should understand that the Personnel Committee has the right to
ask questions. To address the difference in opinion, Councilmember Dieringer suggested to seek
the City Attorney’s opinion.
Mayor Mirsch reached out to the City Attorney and stated that she would respect whatever
direction the City Attorney provided.
Councilmember Dieringer stated that she felt that the Personnel Committee situation was different
than the Traffic Commission because there were new applicants applying for the incumbents’
positions. Therefore, to be fair, she felt that all applicants should be interviewed. She stated that
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she did not have the same level of comfort or experience with the incumbents as she did not have
the same opportunity that Mayor Mirsch had with attending all the Planning Commission meetings
and observing them in their process. She stated that her primary concern was to do the right thing
and also to make sure that residents would be encouraged to apply in the future. There should be
an expectation going into an interview that the Personnel Committee is not biased or in favor of
incumbents simply because the incumbents have been doing the job. She stated that this is why
legal was consulted because it was a matter of ethics. City Attorney Michael Jenkins
recommended that the best practice would be to interview all the candidates regardless whether
they are incumbents or they are new applicants.
Mayor Mirsch noted that an incumbent who is willing to continue to serve but chooses not to be
interviewed should still be considered.
Councilmember Wilson inquired if there had been a discussion about not considering incumbents
that chose not to be interviewed.
Councilmember Dieringer stated there was no discussion about it.
Mayor Pro Tem Pieper recalled that in past practice, incumbents were not asked to be interviewed.
City Clerk, Yohana Coronel noted in researching past practice, she reached out to the previous
City Clerk, Heidi Luce. Ms. Luce recalled that incumbents were not interviewed and only new
applicants were interviewed.
City Manage Jeng suggested establishing a policy going forward.
10.MATTERS FROM STAFF
NONE.
The City Council went into closed session at 8:08pm.
11.CLOSED SESSION
A.ANTICIPATED LITIGATION
The City Council finds, based on advice from the City Attorney, that discussion in open
session of the following described matter will prejudice the position of the City in
anticipated litigation:
ANTICIPATION OF LITIGATION: Government Code section 54956.9(d)(2) and
(e)(5)
A point has been reached where, in the opinion of the City Council on the advice of its
legal counsel, there is a significant exposure to litigation against the City.
Number of Potential Cases: One matter of threatened litigation
B. EMPLOYEE PERFORMANCE EVALUATION
GOVERNMENT CODE SECTION 54957
TITLE: CITY MANAGER
The City Council convened into closed session at 8:08 p.m. and the City Clerk left the Council
Chambers.
The City Council reconvened back to the regular meeting at 9:10 p.m.
City Attorney Michael Jenkins noted that there was no reportable action from both closed session
items.
12. ADJOURNMENT
Hearing no further business before the City Council, Mayor Mirsch adjourned the meeting at
9:10p.m. The next regular meeting of the City Council is scheduled to be held on Tuesday,
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November 12, 2019 beginning at 7:00 p.m. in the City Council Chamber at City Hall, 2 Portuguese
Bend Road, Rolling Hills, California.
Respectfully submitted,
___________________________________
Yohana Coronel, MBA
City Clerk
Approved,
_____________________________________
Leah Mirsch
Mayor
26
-1-
MINUTES OF
A REGULAR MEETING
OF THE
CITY COUNCIL OF THE
CITY OF ROLLING HILLS, CALIFORNIA
MONDAY, NOVEMBER 12, 2019
1.CALL TO ORDER
A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor
Mirsch at 7:00p.m. in the City Council Chamber at City Hall, 2 Portuguese Bend Road, Rolling
Hills, California.
2.ROLL CALL
PLEDGE OF ALLEGIANCE
Councilmembers Present:Mayor Mirsch, Pieper, Dieringer, Black and Wilson.
Councilmembers Absent:None
Others Present:Elaine Jeng, P.E., City Manager
Yolanta Schwartz, Planning Director
Meredith Elguira, Planning and Community Services Director
Yohana Coronel, City Clerk
Todd Leishman, Assistant City Attorney
Alfred Visco, 15 Cinchuring Road West
Dr. Richard Krauthamer, 41 Crest Road West
Dr. Richard Henke, 7 Crest Road East
V’Etta Virtue, 4 Maverick Lane
3.OPEN AGENDA - PUBLIC COMMENT WELCOME
Dr. Richard Krauthamer, resident of 41 Crest Road West, addressed the Council about an article
he read in the Daily Breeze Newspaper in regards to the Housing Element. He asked the Council
what the City plans on doing and did the City plan on resisting the strategies of the State, like the
City of Huntington Beach was stated to have done.
Mayor Pro Tem Pieper responded by stating that it is unfortunate that this item cannot be discussed
by the Council because it is not an agendized item. He then deferred to the City Manager.
City Manager Elaine Jeng responded that the Council is in discussions about what the City can do
to comply with mandated State laws but also try to maintain the character of the City. She further
stated that there will be future City Council meetings coming up discussing the Housing Element.
She requested Mr. Krauthamer to leave his contact information in order for staff to notify him of
when the topic is agendized.
Mr. Krauthamer expressed his concerns about his security, his family’s security and his real estate
values.
Mayor Leah Mirsch stated that she and the Council share some of his concerns. She also stated
that the Council is exploring their option but reminded him that the Council is not allowed to
discuss the topic because they are regulated by the Brown Act.
Assistant City Attorney Todd Leishman introduced himself and stated that the Brown Act does
preclude any discussion because the item is not on the agenda. He stated that Mr. Krauthamer has
provided enough information to give the Council the opportunity to agendize the item for later
discussion. He further stated that it sounded to him that the item is already slated to be discussed
at a future date.
Councilmember Black wanted to clarify that the actual number of units is 48 not 44. He also made
a request to the Mayor that the item be agendized for the following City Council meeting.
Mayor Mirsch agreed and stated that the topic should be agendized as soon as possible and added 27
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that she would like to have rumor control in place to assure the residents are being provided with
accurate information.
Mr. Krauthamer requested that the Council address what is being done by the City to protect its
residents. He stated he has been a resident of Rolling Hills for over 30 years and Rolling Hills does
not have homeless people therefore the homeless would be shipped in from somewhere else.
Councilmember Black made a motion to have the Housing Element agendized for the next City
Council meeting.
Assistant City Attorney Leishman stated that the Council can simply direct staff to place the item
on the agenda.
City Manager Jeng stated the next Council meeting is scheduled for November 25, 2019.
Mayor Mirsch thanked Mr. Krauthamer for his comments.
Alfred Visco, resident of 15 Cinchring, reported on 7 Ranchero Road, Paint Bruch Canyon. He
stated that the Mr. Mok was allegedly told by the Department of Fish and Wildlife that he cannot
do anything on his property, as far as ceasing to maintain the fire hazard nuisance, because it is
nesting season. He found it hard to believe that it is nesting season in November and that this
applies to all Mr. Mok’s 4.2 acres and not just the 50 feet along the blue line stream. He stated that
allowing Mr. Mok to interact with the Department of Fish and Wildlife without oversight and
follow up from the City is simply allowing the “fox to guard the hen house”. He felt that Mr. Mok
has no incentive to do any of the work and would continue to come up with an excuse. He stated
that everyone needs to focus on the gullies that where declared, by an expert witness, as a fire
hazard.
Mayor Mirsch thanked Mr. Visco for his comments.
4.CONSENT CALENDAR
Matters which may be acted upon by the City Council in a single motion. Any Councilmember may
request removal of any item from the Consent Calendar causing it to be considered under Council
Actions.
A.MINUTES – REGULAR MEETING OF JULY 22, 2019, REGULAR MEETING
OF SEPTEMBER 09, 2019 AND REGULAR MEETING OF SEPTEMBER 23,
2019.
RECOMMENDATION: APPROVE AS PRESENTED
B.PAYMENT OF BILLS.
RECOMMENDATION: APPROVE AS PRESENTED
C. CONSIDER AND APPROVE PROPOSED DATES FOR THE CITY COUNCIL
STRATEGIC PLANNING WORKSHOPS IN 2020.
RECOMMENDATION: APPROVE AS PRESENTED
D.RESOLUTION 1245: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ROLLING HILLS AUTHORIZING THE DESTRUCTION OF CERTAIN
CITY RECORDS AS PROVIDED BY SECTION 34090 OF THE
GOVERNMENT CODE OF THE STATE OF CALIFORNIA.
RECOMMENDATION: APPROVE AS PRESENTED
E. RECEIVE AND FILE ANNUAL REPORT FOR FISCAL YEAR 2018-2019 TO
THE LOS ANGELES REGIONAL WATER QUALITY CONTROL BOARD
AS MANDATED BY THE LOS ANGELES COUNTY MUNICIPAL STORM
WATER PERMIT ORDER NO. R4-2012-0175, AMENDED BY ORDER NO.
WQ 2015-0075.
RECOMMENDATION: APPROVE AS PRESENTED
Mayor Mirsch requested to pull item 4C because she felt it needed to be discussed. Councilmember
Dieringer requested to pull item 4D.
Mayor Pro Tem Pieper moved that the City Council approve consent items 4A, 4B and 4E as
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presented. Councilmember Black seconded the motion and the motion carried without objection
by a voice vote as follows:
AYES:COUNCILMEMBERS: Mayor Mirsch, Pieper, Dieringer, Black, and Wilson
NOES:COUNCILMEMBERS: None.
ABSENT:COUNCILMEMBERS: None.
ABSTAIN: COUNCILMEMBERS: None.
Item 4D
Councilmember Dieringer inquired about the item listed for destruction. She asked if the items
listed for destruction referred to paper copies and digital copies. She also asked how many of the
items listed had a digital copy, and why the City needed to destroy the records.
City Manager Jeng answered that the items listed for destruction are primarily paper copies. Digital
copies are not being destroyed. She also stated that majority of the files listed for destruction are
paper copies only. She furthered explained what journal entries and financial statements are and
what was itemized on both.
Mayor Pro Tem Pieper explained that all the records listed for destruction had met their records
retention deadline. He furthered explained that all the records listed are so ancient that they hold
no value and that the destruction of records this old is entirely normal.
Item 4C
City Manager Jeng reminded the Council that in the previous meeting, it was proposed to hold a
Strategic Planning workshop on January 11, 2020. However there were scheduling conflicts
among two of the Councilmembers. City Manager Jeng suggested scheduling the workshop on
either Saturday, January 18th, 2020 or Saturday, January 25
th, 2020. She did note that the January
18th date is the Saturday before the Monday, Martin Luther King Holiday.
Councilmember Pieper stated that unfortunately Saturday meetings do not work for him so it is
unlikely he will be able to attend.
Discussion ensued among the Council and it was decided that it would be unfair to the staff to
schedule a meeting before a long weekend. It was then decided that January 25th would be the most
suitable date to schedule the workshop.
Mayor Pro Tem Piepermoved that the City Council approve consent items4D and 4C as presented.
Councilmember Black seconded the motion and the motion carried without objection by a voice
vote as follows:
AYES:COUNCILMEMBERS: Mayor Mirsch, Pieper, Dieringer, Black, and Wilson
NOES:COUNCILMEMBERS: None.
ABSENT:COUNCILMEMBERS: None.
ABSTAIN: COUNCILMEMBERS: None.
PRESENTATION
Recognition of Planning Director, Yolanta Schwartz
City Manager Jeng recognized Planning Director, Yolanta Schwartz, as she prepares to retire.
Planning Director Schwartz was hired on November 29, 2000 and served the City of Rolling Hills
for 19 years. She proceeded to give a brief history of Planning Director Schwartz’s work history
and the many accomplishments and major projects she completed with the City.
Discussion ensued among the Council and every Councilmember shared fond memories of
Planning Director Schwartz. Each Councilmember took a turn to talk about all the moments they
shared with Planning Director Schwartz. The Council proceeded to thank Mrs. Schwartz for all
her dedicated years of service to the City of Rolling Hills and expressed how much she would be
missed by the Council and the Rolling Hills community.
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Mayor Mirsch opened the item for public comment.
Dr. Richard Henke, 7 Crest Road West, former Planning Commissioner, thanked Planning
Director Schwartz for all the years of service to the community and the years they shared while he
served as a Commissioner.
V’Etta Virtue, 4 Maverick Lane, current Traffic Commissioner, spoke as a resident and stated that
she admired Planning Director Schwartz’s poise, control, confidence and calmness when dealing
with difficult situations. She stated that the Planning Director would be missed but also wished her
the very best in her future endeavors.
Mayor Mirsch shared how she first met Planning Director Schwartz. She proceeded to recount that
they met while the Mayor was a resident and came to City Hall with questions about a project. She
stated she was extremely happy to have found someone at City Hall who was so helpful and
knowledgeable. Fifteen years later when she served on the Planning Commission and then later as
a Councilmember, is where she felt she was able to see the Planning Director’s dedication,
integrity, professionalism and her incredible memory that stored every ordinance, project and the
chronology of each item. She recalled how patient the Planning Director was with her as a newly
appointed Commissioner and Councilmember. She recalled how supportive Planning Director
Schwartz was and how she always kept her well informed of any City business. She thanked her
for her many years of service and stated she would always remember her, but especially, as a kind
person.
Planning Director Schwartz stated that she was very appreciative of the Council and their kind
words. She stated she loved working for the City and hoped she made a difference and a positive
contribution. She shared that she has lived on the Peninsula for over 34 years. She thanked the
Council for their support and for allowing her the opportunity to serve as Interim City Manager.
She also thanked those who spoke for their kind words.
RECESS TO RECEPTION
The City Council went into recess at 7:41pm.
The City Council reconvened back to the regular meeting at 7:54 p.m.
5.COMMISSION ITEMS
A.RECEIVE AND FILE RESOLUTION NO. 2019-14 FROM THE PLANNING
COMMISSION GRANTING APPROVAL FOR A SITE PLAN REVIEW TO
CONSTRUCT AN ABOVE GRADE DECK IN ZONING CASE NO. 958 AT 3
ROUNDUP ROAD (LOT 67-A-EF) ROLLING HILLS, CA, (BOGDANOVICH).
Planning Director Schwartz gave an overview of Zoning Case No. 958 at 3 Roundup Road. The
applicants propose to construct a 792 square foot pool decking, of which 285 square feet would be
up to 5’ above the existing descending slope. The portion of the deck that is out of grade requires
a Site Plan Review. Also proposed, is 65 square-foot barbeque and serving island and 544 square-
foot swimming pool with pool equipment area, which can be approved administratively. No
grading is proposed for the project, other than excavation for the swimming pool and posts for the
deck. She proceeded to highlight parts of the project via a PowerPoint presentation.
Mayor Pro Tem Pieper moved that the City Council receive and file the proposed resolution.
Councilmember Black seconded the motion and the motion carried by a voice vote as follows:
AYES:COUNCILMEMBERS: Mayor Mirsch, Black, Pieper, Dieringer, and Wilson
NOES:COUNCILMEMBERS: None.
ABSENT:COUNCILMEMBERS: None.
ABSTAIN: COUNCILMEMBERS: None.
6.PUBLIC HEARINGS
NONE.
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7.OLD BUSINESS
NONE.
8.NEW BUSINESS
A.CONSIDER RECOMMENDATION FROM THE PERSONNEL COMMITTEE
FOR APPOINTMENTS TO THE PLANNING COMMISSION AND TRAFFIC
COMMISSION.
Planning Director Schwartz gave an overview of the Planning and Traffic Commission
appointment process.She informed the Council that four commission seats expire inJanuary 2020,
two for the Planning Commission and two for the Traffic Commission. She proceeded to report
that on September 2019, upon direction from the City Council, the staff began advertising for
letters of interest from residents desiring to serve on the Planning and Traffic Commissions. In
response to the notice, incumbent Planning Commissioners Brad Chelf and Sean Cardenas
submitted letters expressing interest in continuing to serve on the Planning Commission along with
three other letters from residents. She pointed out that oneof the letters of interest for the Planning
Commission was withdrawn by the resident. For the Traffic Commission, incumbents Val Margeta
and V’Etta Virtue submitted letters expressing interest in continuing to serve on the Traffic
Commission. No other letters of interest were received for the Traffic Commission. On October
30, 2019, the City Council Personnel Committee conducted interviews with two Planning
Commission candidates. No interviews were held for the Traffic Commission vacancies as both
applicants were incumbents wishing to fill the two vacancies. Planning Director Schwartz reported
that the Personnel Committee recommended that the Council re-appoint the incumbents for the
Planning Commission and the Traffic Commission.
Councilmember Black moved that the City Council re-appoint Brad Chelf and Sean Cardenas for
a four-year term on the Planning Commission and re-appoint V’Etta Virtue and Val Margeta for a
four-year term on the Traffic Commission. Councilmember Wilson seconded the motion and the
motion carried by a voice vote as follows:
AYES:COUNCILMEMBERS: Mayor Mirsch, Black, Pieper, Dieringer, and Wilson
NOES:COUNCILMEMBERS: None.
ABSENT:COUNCILMEMBERS: None.
ABSTAIN: COUNCILMEMBERS: None.
B.CONSIDER MEETING WITH THE PLANNING COMMISSION ON A THREE-
YEAR FREQUENCY.
Planning Director Schwartz, reported that in past-practice the City Council would hold meetings
with the Planning Commission through the years and it happens to occur every three to four years.
The last meeting was held in November 2016, and since then the City Council has expressed
interest in holding another meeting with the Planning Commission. Staff is recommending
adopting a policy that states the Council will hold meetings with the Planning Commission every
three years. Staff also recommends that the Council direct staff to bring back a resolution to
memorialize the policy and consider the following dates for the upcoming meeting: Monday,
February 24, 2020, Monday, March 9th, 2020 or Monday, March 23, 2020. In the past, the Council
has discussed certain topics of concern or interest to both bodies. For example, there was a
discussion about the 40% disturbance and whether it was adequate and what happens to the slopes
resulted in the City adoptingan Ordinance allowing greater disturbance if the applicant can provide
lesser slopes. Every joint meeting that occurred between the two bodies has resulted in a change
that the Planning Director felt was for the better of the entire community. Planning Director
Schwartz hoped to discuss this with the Planning Commission and concurrently have the Council
and the Planning Commission choose some topics for discussion. The Council can then prioritize
which topics to discuss. She recommends that the City Council adopt a formal policy, set the
meetings to occur about every three years and set a date for the joint City Council and Planning
Commission meeting.
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City Manager Jeng informed the Council that the strategic planning sessions are also scheduled
for Monday, February 24th, 2020 and proposed eliminating that potential date.
Mayor Mirsch asked if the potential dates fall on City Council meeting nights.
Planning Director Schwartz responded yes, and stated that in the past the Council would conduct
joint meetings with the Planning Commission at 5 p.m. an hour before the regularly scheduled City
Council meetings.
Councilmember Black moved that the City Council hold a joint meeting with the Planning
Commission on March 9th, 2020 or March 23rd, 2020. Mayor Pro Tem Pieper seconded the motion
and the motion carried by a voice vote as follows:
AYES:COUNCILMEMBERS: Mayor Mirsch, Black, Pieper, Dieringer, and Wilson
NOES:COUNCILMEMBERS: None.
ABSENT:COUNCILMEMBERS: None.
ABSTAIN: COUNCILMEMBERS: None.
C.CONSIDER AND APPROVE A PROFESSIONAL SERVICES AGREEMENT
WITH PACIFIC LAND CONSULTANTS, INC. FOR LAND SURVEYING
SERVICES FOR AN AMOUNT NOT-TO-EXCEED $13,250.
Planning & Community Services Director Meredith Elguira gave an overview of the professional
services agreement with Pacific Land Consultants Inc. for land surveying services. Staff sought
bids from three surveying companies and two responded. PLC was chosen based on providing the
same scope of work at a much lower cost. Funding will be covered under the approved Fiscal Year
2020 planning consultant fees. Staff recommends that the City Council approve the professional
services agreement to provide land surveying services on a parcel located at 38 Crest Road West
for an amount not-to-exceed $13,250.00.
Mayor Mirsch opened the item for public comment.
Alfred Visco, 15 Cinchring Road, inquired if the City would be surveying the entire Unified School
District property or just a portion of it.
Mayor Pro Tem Pieper responded that the entire lot would be surveyed.
Mayor Mirsch closed the item for public comment.
Councilmember Dieringer moved that the City Council approve the professional services
agreement with PCL to provide land surveying services. Mayor Pro Tem Pieper seconded the
motion and the motion carried by a voice vote as follows:
AYES:COUNCILMEMBERS: Mayor Mirsch, Black, Pieper, Dieringer, and Wilson
NOES:COUNCILMEMBERS: None.
ABSENT:COUNCILMEMBERS: None.
ABSTAIN: COUNCILMEMBERS: None.
D.CONSIDER AND APPROVE THE PURSUIT OF SB2 PLANNING GRANT
FUNDS AND AMEND THE PROFESSIONAL SERVICES AGREEMENT
WITH CSG CONSULTANTS TO PREPARE THE GRANT APPLICATION FOR
AN AMOUNT NOT-TO-EXCEED $5,700.
Planning and Community Services Director Elguira gave an overview of Senate Bill (SB2)
Building Homes and Jobs Act, which was signed by Governor Brown as part of the 15-bill housing
package aimed at addressing California’s housing shortage and high housing cost. SB2 establishes
a $75 recording fee on real estate documents to increase the supply of affordable homes in
California. The program will provide grants through a non-competitive, over the counter process
to eligible cities. One of the requirements is that a city has a Housing Element that is compliant
with HCD. Grant funds may be used to update plans including the Housing Element. The
applications are due on November 29, 2019. The City currently has an existing contract with CSG
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to provide planning services on an as-needed basis for an amount not-to-exceed $30,000.00. City
staff has asked CSG to make inquiries on eligibility requirements and if Rolling Hills would be
eligible to apply for the SB2 grant. CSG went to HCD and they received a positive response and
were informed Rolling Hills would be eligible.
Planning and Community Services Director Elguira reminded the Council that in the approved
budget for Fiscal Year 2019-2020, the City Council approved $105,000.00 for consulting fees for
the Planning Department. Of that $105,000.00, $30,000.00 is set aside for on-call support for the
Planning Department with CSG Consultants. Of the remaining $75,000.00, approximately
$13,500.00 will used for surveying potential sites for the Housing Element. The remaining
$61,500.00 is set aside for fee associated with revising the Housing Element. Given the City
already has an agreement with CSG Consultants and the short timing of the grant submittal, staff
recommends that the City Council consider amending the existing agreement with CSG to include
an additional $5,700.00 for the additional task of grant writing services.
Councilmember Dieringer asked what is the most the City can get out of the SB2 Grant if the City
were to be awarded the grant.
Planning Director Elguira responded that the City would be awarded $160,000.00 and the City
would be informed within six to eight weeks of submitting the application.
Mayor Pro Tem Pieper moved that the City Council pursue SB2 planning grant funds and approve
an amendment to the Professional Services Agreement with CSG Consultants. Councilmember
Dieringer seconded the motion and the motion carried by a voice vote as follows:
AYES:COUNCILMEMBERS: Mayor Mirsch, Pieper, Black, Dieringer, and Wilson
NOES:COUNCILMEMBERS: None.
ABSENT:COUNCILMEMBERS: None.
ABSTAIN: COUNCILMEMBERS: None.
9.MATTERS FROM THE CITY COUNCIL AND MEETING ATTENDANCE
REPORTS
Mayor Pro Tem Pieper inquired if the City is spending enough money to remove the coyotes from
the City. He stated he has had several sightings on his property.
City Manager Jeng responded yes and reminded him that the he can request for Fernando, the
Wildlife Trapper, conduct a walk-through and set traps around his property.
Councilmember Black stated he hiked along the conservancy to see the progression the Land
Conservancy had made with clearing out the brush. He stated that he was really impressed with
the work done by the Conservancy and spent the entire day admiring it. He also mentioned that it
seemed that they had stopped along Rim Trail, as if that was the end, and continued south. He
pointed out that there was still an area on the north side of the trail, which was very accessible and
flat, which he felt they should have also cleared. He stated that Paint Brush is still a problem and
is accessiblewith the machine the Land Conservancyused and not too steep like they have claimed
before. Councilmember Black also stated that he had a difficult time determining which was
Rolling Hills property and which was the Land Conservancy property. He added that this presents
a problem because property owners of Rolling Hills should be required to clear their dead brush
and vegetation.
City Manager Jeng responded it was her understanding that the border drops off in the area
Councilmember Black is referring to so the Land Conservancy can only work on their side. She
also pointed out that there is a vacant property in that area owned by a couple of residents. There
is developed housing beyond the fence and then there are two separate parcels that are owned by
two separate owners that are also vacant, making it hard to tell where the borderline lies. It is her
understanding that the Land Conservancy has a mobile device with GPS that guides them as to
where the borderlines lie.
Councilmember Wilson inquired if the property owners of the vacant lots have been notified by
the Fire Department and the City that they need to clear their brush.
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City Manager Jeng responded yes.
Mayor Mirsch pointed out that the City now has a full time compliance officer and requested
getting the mentioned properties on the non-compliance properties list. She also mentioned that
maybe the Council might want to consider agendizing this item for a future meeting.
Councilmember Black stated that it was reported that there was a blue line stream by the area that
went down where there was Acacia by Paint Brush. It is his belief that there is no stream there and
inquired if Fish and Wildlife has visited the site. He also mentioned that it has been his experience
that Fish and Wildlife has always been very responsive and reasonable when dealing with these
situations.
Planning Director Elguira responded that she has spoken with Code Enforcement Officer Aranda
and she reported that after several attempts to reach Fish and Wildlife, they finally returned her
call about Mr. Mok’s property. It seems as though Mr. Mok misunderstood what Fish and Wildlife
told him, thus going forward Code Enforcement Officer Aranda will be communicating with Mr.
Mok about what Fish and Wildlife would require of him. Mr. Mok communicated that he has a
landscaper lined up for the next five years to clear his area. He is currently waiting for Fish and
Wildlife to determine what vegetation he can remove and which must remain on his property.
Mayor Mirsch annouced that the City is actively working on clearing the dead vegetation and
reminded everyone that it is an ongoing issue. She also stated that she appreciates everything the
staff and the Code Enforcement Officer is doing.
10.MATTERS FROM STAFF
NONE.
11. ADJOURNMENT
THE MEETING WILL BE ADJOURNED IN MEMORY OF DR. MICHAEL ISHAK, A 40 YEAR
RESIDENT OF ROLLING HILLS. HE WAS FAMOUS FOR HIS ROSE BUSHES WHICH HE
DONATED TO MANY RESIDENTS OF ROLLING HILLS.
Hearing no further business before the City Council, Mayor Mirsch adjourned the meeting at
8:25p.m. The next regular meeting of the City Council is scheduled to be held on Monday,
November 25, 2019 beginning at 7:00 p.m. in the City Council Chamber at City Hall, 2 Portuguese
Bend Road, Rolling Hills, California.
Respectfully submitted,
___________________________________
Yohana Coronel, MBA
City Clerk
Approved,
_____________________________________
Leah Mirsch
Mayor
34
-1-
MINUTES OF
A REGULAR MEETING
OF THE
CITY COUNCIL OF THE
CITY OF ROLLING HILLS, CALIFORNIA
MONDAY, NOVEMBER 25, 2019
1.CALL TO ORDER
A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor
Mirsch at 7:06p.m. in the City Council Chamber at City Hall, 2 Portuguese Bend Road, Rolling
Hills, California.
2.ROLL CALL
PLEDGE OF ALLEGIANCE
PLEDGE OF ALLEGIANCE WAS LED BY GUEST OF THE MAYOR, 5TH GRADE
ELEMENTARY SCHOOL STUDENT MATEYA JENG.
Councilmembers Present:Mayor Mirsch, Pieper, Dieringer, Black and Wilson.
Councilmembers Absent:None
Others Present:Elaine Jeng, P.E., City Manager.
Meredith Elguira, Planning and Community Services Director
Yohana Coronel, City Clerk
Michael Jenkins, City Attorney
Carrie & Jim Holland, Ambassadors with OneLegacy.
Vahe Avedissian, 14 Caballeros
Jack Shoemaker, 9 Maverick Lane
Beate Kirmse, 2 Chuckwagon Road
Bern Galvin, 2 Chuckwagon Road
Diana Howard, 85 Eastfield Drive
Dr. Richard Krauthamer, 41 Crest Road West
Roger Hawkins, 37 Crest Road West
Alfred Visco, 15 Cinchuring Road
Mark Stetson, 71 Saddleback Road
3.OPEN AGENDA - PUBLIC COMMENT WELCOME
Carrie & Jim Holland, Ambassadors with OneLegacy. Mrs. Holland stated she came to follow up
on an email invitation that was sent to the Council inviting them to an exclusive first look of the
Donate Life Rose Parade Float. Mrs. Holland described the float in detail and provided a date and
time for the early viewing. Mrs. Holland emphasized the importance of advocating and educating
the public on organ, eye and tissue donation. Mrs. Holland shared her personal connection to the
organization; her husband, Jim, was a liver transplant recipient and her younger brother, Marty,
who passed away and donated his kidneys, saving two strangers’ lives.
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Mayor Mirsch thanked Mrs. Holland for her comments.
Vahe Avedissian, 14 Caballeros, commented on the ordinance regarding view preservation. Mr.
Avedissian referenced the City’s ordinance that protects a residents views from vegetation,
however, he was shocked that the currentordinance does not offer the same protection from homes
that arebeing built under one thousand square feet. Mr. Avedissianstated it provides an unintended
loophole, allowing properties of fewer than one thousand square feet an exemption; allowing them
not to comply with the current view preservation ordinance. Mr. Avidissian requested the subject
matter be agendized for a future Council meeting.
Mayor Mirsch thanked Mr. Avidissian for his comments and responded that the Council cannot
take action on an item not on the agenda. Mayor Mirsch informed Mr. Avedissian that Planning &
Community Services Director, Meredith Elguira, would reach out and provide him with pertinent
information.
4.CONSENT CALENDAR
Matters which may be acted upon by the City Council in a single motion. Any Councilmember may
request removal of any item from the Consent Calendar causing it to be considered under Council
Actions.
A.MINUTES – REGULAR MEETING OF OCTOBER 28, 2019.
RECOMMENDATION: APPROVE AS PRESENTED
B.PAYMENT OF BILLS.
RECOMMENDATION: APPROVE AS PRESENTED
C. FINANCIAL STATEMENT FOR THE MONTH OF OCTOBER 2019.
RECOMMENDATION: APPROVE AS PRESENTED
D REPUBLIC SERVICES RECYCLING TONNAGE REPORT FOR OCTOBER
2019.
RECOMMENDATION: APPROVE AS PRESENTED
Mayor Mirsch stated that Council had updated minutes.
Councilmember Dieringer pulled consent item 4A and requested it be presented at a future
meeting, allowing Council to review and make suggestions on the item.
Mayor Pro Tem Pieper moved that the City Council approve consent items 4B, 4C and 4D as
presented. Councilmember Black seconded the motion. The motion passed unanimously by voice
vote.
AYES:COUNCILMEMBERS: Mayor Mirsch, Pieper, Dieringer, Black, and Wilson
NOES:COUNCILMEMBERS: None.
ABSENT:COUNCILMEMBERS: None.
ABSTAIN: COUNCILMEMBERS: None.
5.COMMISSION ITEMS
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NONE.
6.PUBLIC HEARINGS
NONE.
Mayor Mirsch moved item 10B, Matters From Staff, due to the large number of public comment
speakers present.
10B.RECEIVE AND FILE A PRESENTATION ON RECENT HOUSING LAW
CHANGES, COMMENTS FROM THE STATE ON THE CITY’S 5TH CYCLE
HOUSING ELEMENT AND THE SCHEDULE OF EVENTS FOR THE 6
TH
CYCLE HOUSING ELEMENT.
Planning and Community Services Director, Meredith Elguira, presented on the recent housing
law changes in California. Planning Director Elguira defined the Housing Element, which is one
of the seven elements of a City’s General Plan. Planning Director Elguira described the role of the
Housing Element in the City’ General Plan and the requirements of certification, made every eight
years, by the State of California. Planning Director Elguira highlighted the following: the Housing
Element requires cities to provide a fair share of housing for all economic segments of the
community; the Department of Housing and Community Development (HCD) identifies housing
needs for each region, certifies the Housing Element and reports non-compliant cities to the
Attorney General; Southern California Association of Governments (SCAG) is comprised of six
counties, including the City of Rolling Hills; and the Regional Housing Needs Assessment
(RHNA) quantifies the need for housing within each jurisdiction.
RHNA determines the regional number and establishes the number of housing units that each
city and county must provide along with zoning capacity for the required units for the eight year
planning period. SCAG and HCD adopt and approve RHNA numbers, then the City and County
must update its Housing Element to comply with RHNA. Planning Director Elguira emphasized
its importance, as the City has not been in compliance since 1969. HCD ordered the City of
Rolling Hills to comply in the current and previous cycles. Per new State legislation, the City
must now comply with previous (2006-2013) and current (2013-2021) cycles, meaning the City
must provide 18 affordable units. The cycle to follow covers the planning period, October 2021
through October 2029. The State is ordering the City of Rolling Hills to be compliant in the
following cycle by identifying physical sites for affordable housing within City limits to
accommodate 44 units. This must include very low to moderate income units and lots for
development and redevelopment. As the State does not require the City to construct affordable
housing, Planning Director Elguira, explained the path the City would take to comply with the
current cycle. Planning Director Elguira reminded the Council that the City has to respond to
State comments within a certain time frame; additionally the City is ordered to rezone and
identify lots within its boundaries, and resubmit a revised Housing Element by October 2020.
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Planning Director Elguira presented and highlighted potential sites within the City to Council,
utilizing a 2013 map produced by SCAG. There are 43 vacant lots, 34 unimproved lots, 7 Rights-
of-Way lots, 7 publicly owned lots, (6 City properties, 1 School owned, and 1 outside the gates),
and 4 parcels located outside the gate (2 City Owned, Civic Center and Tennis Courts, 1 School
property, and 1 privately owned Daughters of Mary Joseph Retrieve Center “DMJRC”). She
proceeded to state that staff is working to protect the City’s character and maintain single-family
zoning and low density. She highlighted the pros and cons as well as an overview of the analysis
for four potential sites: the Tennis Court, Civic Center, DMJRC and the PVPUSD school.
Planning Director Elguira reviewed the City’s timeline and restated the State’s requirement to
submit a revised 5th cycle Housing Element by October 2020. The City has to prove their revised
Housing Element hit certain milestones in an effort to be compliant with State law.
In response to the housing crisis, the State has passed legislations fining municipalities out of
compliance, between $10,000 to $600,000 per month, additionally, the court may require the
State Controller to intercept any State and local funds until substantial compliance is reached. In
an effort to increase the supply of housing, the State passed Assembly Bill 671 and Bill 139 to
promote and incentivize creation of Accessory Dwelling Units (ADU) to be used for affordable
rental units. City staff is currently exploring possibilities between ADUs and City’s RHNA
requirements, which may allow the City to avoid rezoning. City staff is in the process of applying
for a SB2 Grant to offset the General Fund and cover the Housing Element expenses.
Councilmember Black clarified that the City was not involved in the decision of the amount of
units proposed to be built. He noted he has been on the Council since 2002 and has known that the
City has been out of compliance and it was his belief that the Council purposely did not zone for
low-income housing.
Councilmember Dieringer stated is was her belief, that at the time, the Council believed to be in
compliance with all necessary requirements. She added that it was her understanding that in order
to be compliant, the City had given away monies to other cities with the purpose of building
affordable housing.
Councilmember Black clarified that the City did not give money to other cities.
City Manager Elaine Jeng further clarified that the money Councilmember Dieringer is referring
to, was a block grant from the State, not the City.
Mayor Mirsch thanked the staff and Planning Director Elguira for putting together the informative
presentation. She asked for public comments to be limited to under 3 minutes to assure everyone
present had time to speak.
Jack Shoemaker, 9 Maverick Lane, inquired if property owners could designate part of their parcel
for ADU to satisfy the State’s requirements.
City Attorney Michael Jenkins suggested that answers to public comment questions be answered
after the public comment is closed.
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Mayor Mirsch thanked and concurred with City Attorney Jenkins’ suggestion.
Beate Kirmse, 2 Chuckwagon Road, spoke about building an ADU but was denied by the Planning
Department. She was informed a guesthouse was permissible if it was not rented out. She added
that she would happily convert part of her property to an ADU and in an effort to help the City
count it as part of the required units.
Bern Galvin, 2 Chuckwagon Road, inquired about the formula for the low-income housing units
with respect to ADUs.
Diana Howard, 85 Eastfield Drive, inquired about the amount of converted barns into residences.
She suggested legitimizing and countingthem as part of required units. She asked if the City would
have to purchase the PVPUSD land.
Dr. Richard Krauthamer, 41 Crest Road West, asked when the first unit had to be built, rezoning
for PVPUSD and zoning restrictions for the developer. Dr. Krauthamer requested the City restrict
the developer and not allow the developer to build an access road behind the gate. Dr. Krauthamer
mentioned the lack of public transportation, medical health facilities, drug addiction centers, and
job opportunities. Hesuggested the other options mentioned by Planning Director Elguira are more
visible, accessible and closer to public transportation. Dr. Krauthamer inquired about the process
for determining the low-income people and whether residents have a vote in the process.
Roger Hawkins, 37 Crest Road West, asked for the number of cities currently not compliant in the
State of California. Mr. Hawkins also asked whether the Engine Company 56 lot could be
considered to satisfy some of the building requirements.
Alfred Visco, 15 Cinchuring Road, asked if Council considered rezoning properties that site
outside the City’s gates, along PV Drive North.
Mark Stetson, 71 Saddleback Road, asked if the following cycle, 44 units include units required
from the previous and current cycle.
Mayor Mirsch thanked the public for their participation and closed the public comment. She stated
the Council resides in Rolling Hills and share the same concerns addressed by residents.
City Manager Jeng shared that Governor Gavin Newsom invited noncompliant cities to a meeting
in Long Beach in February of 2019. Mayor Pat Wilson, then Mayor, learned 47 out of 500 cities
that were noncompliant. City staff inquired about the ADU Ordinance and how it can help the City
with its RHNA numbers. State representatives could not provide a concrete answer and further
explained that in order for an ADU unit to qualify to meet a RHNA category unit, the City would
need to review an ADU rental agreement and income category to determine compliance. City
Manager Jeng and Planning Director Elguira researched other cities and their Housing Elements,
and learned the State has an ADU policy and permitted some cities to use ADUs to count in their
RHNA numbers. Unfortunately, the State’s position on ADUs is not concretely known, as there is
additional level of requirements to have ADUs count towards cities RHNA numbers.
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City Manager Jeng proceeded to answer the question of when the first affordable housing unit
must be built. She stated that there is no requirement on the City to build. It is more of a planning
exercise and a planning document that would allow a developer to build these units.
Planning Director Elguira answered the following questions:
1) Can property owners designate part of their parcel(s) as an ADU to satisfy the State
requirements?
Planning Director Elguira stated that there would be new State legislation that will be more lenient
towards building ADUs, but currently the City has not received confirmation that it will count for
RHNA numbers.
City Attorney Michael Jenkins added that if an ADU is to count towards the RHNA numbers for
low to moderate income housing, then the property would morethan likely, have to be covenanted
to control the rent to satisfy the State’s requirements.
2) What is the formula for offsetting one ADU to one affordable housing unit?
Planning Director Elguira answered yes, assuming that it satisfies the States regulations and it be
moderate to very low income.
3) Can residents legitimize converted inhabitable space that is currently unpermitted
structures that have been converted to habitable space?
Planning Director Elguira replied in the affirmative, explaining the City has ADU regulations that
can be used to legalize unpermitted work. Plans would need to be reviewed by the Planning
Department to verify that the structure meets building and zoning code requirements.
4) Who owns the school site and does the City need to purchase the land?
Planning Director Elguira answered she was unsure and expected the school district owns the land
and the City would not need to purchase the land. The City is only required to provide zoning to
comply with State requirements.
5) What if the developer decides to overdevelop?
Planning Director Elguira answered the City holds the right to provide a maximum density per
site.
6) Are the 44 units from the following cycle in addition to the previous and current cycles?
City Manager Jeng answered in the affirmative, the City must add 38 units from the previous cycle
and 18 units from the current cycle and add 44 units of the following cycle to meet required RHNA
numbers.
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City Attorney Jenkins addressed the process for choosing tenants of affordable housing units. He
stated that if a developer were to build a multi-family zone there would be many City constrains,
for example; the property is expensive, public transportation is very limited and access to needed
services is also limited. A developer would need to enter into an affordable housing covenant with
the City, that guarantee the units are rented to income eligible tenants. Additionally, a waiting list
would be created, in order to check financial backgrounds of tenants. City Attorney Jenkins
explained that it was his understanding that the Fire Station land is owned by the County of Los
Angeles, making exempt from City zoning, due to its institutional use.
7) If the City rezones outside the City would the units still be within the City?
Planning Director Elguira confirmed that the units would be within City boundaries. She also
touched on the question of developers building an access road from Crest Road into the City.
City Attorney Jenkins added that the City would need to investigate further; however, it is his
opinion it would not be permissible as the road is owned by the Rolling Hills Community
Association.
Mr. Hawkins provided a brief history of the school district property. Mr. Hawkins explained that
the Palos Verdes Corporation donated land to the Palos Verdes (PV) College. PV College defaulted
on the property by not complying with requirements. PVPUSD condemned the property via a
motion and acquired the property through a deed entered by a Los Angeles Superior Court Judge.
Mr. Hawkins stated that the question before them now is whether the deed has CC&R’s and would
it allow PVPUSD to resell the lot. If there is no right-to-revert to the original grantor, PV
Corporation, it could create potential problems. He also inquired whether the number of units to
be built can create problems for the current sewer system.
Mayor Mirsch once again thanked everyone for their comments and reiterated the Council share
the residents’ concerns and are working towards the best solution.
The City Council went into recess at 8:15pm.
The City Council reconvened back to the regular meeting at 8:19 p.m.
7.OLD BUSINESS
A.CONSIDER AND APPROVE A RESOLUTION OF THE CITY COUNCIL
AUTHORIZING APPLICATION FOR, AND RECEIPT OF, SB 2 PLANNING
GRANTS PROGRAM FUNDS.
Planning Director Elguira gave an overview of the SB2 Planning Grants Program Funds. She
referenced the November 12, 2019 City Council meeting where staff was directed to pursue SB2
grant funds with the assistance of the City’s on-call Planning Consultant CSG Consultants. If
awarded the grant, the City can receive up to $160,000.00; funds will be disbursed upon the
completion of an application and must include a resolution from the City Council authorizing the
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submittal and receipt of said funds. The grant would have a net positive fiscal impact and help
offset the general fund in preparing the Housing Element. City staff recommends the Council adopt
a resolution, authorizing the application and receipt of SB2 Funds.
Mayor Pro Tem Piepermoved that the City Council approve the item aspresented. Councilmember
Dieringer seconded the motion and the motion passed unanimously by voice vote as follows:
AYES:COUNCILMEMBERS: Mayor Mirsch, Pieper, Dieringer, Black, and Wilson
NOES:COUNCILMEMBERS: None.
ABSENT:COUNCILMEMBERS: None.
ABSTAIN: COUNCILMEMBERS: None.
8.NEW BUSINESS
A.CONSIDER AND APPROVE THE REQUEST FOR PROPOSALS FOR
ARCHITECTURAL AND ENGINEERING SERVICES TO PREPARE ADA
IMPROVEMENT PLANS FOR CITY HALL.
City Manager Jeng provided an overview of the Request for Proposal (RFP) for architectural and
engineering services to prepare ADA improvement plans for City Hall. City Manager Jeng
reminded the Council that California JPI Insurance company paid a consultant to conduct a survey
of City Hall, along with other City-owned facilities, to determine if they are ADA compliant. City
Manager Jeng referred to the attachment in the RFP, prepared by DAC Consultants, cataloging all
recommended improvements for City Hall. City Manager Jeng provided a timeline and estimated
date of completion, for the project, as provided by City staff.
Mayor Pro Tem Pieper asked if Council would receive a total cost of the project.
Councilmember Black commented on the high cost of architectural and engineering services.
Councilmember Wilson inquired about page 4 of 90 in the staff report. Councilmember Wilson
requested clarification on the percentages in section Task-2. He asked if the project included the
RHCA building.
City Manager Jeng responded an RFP is segmented to allow the client, the City, to review as they
make progress. She further explained that the percentages refer to the progress in the plans and it
allows the City to review them and provide comments. City Manager Jeng explained that the City
owns the land, but ownership of the building is not known but does know that the RHCA is
responsible for maintaining their own building.
Mayor Pro Tem Pieper asked if the Council could add storm water components in conjunction
with ADA compliance improvements.
City Manager Jeng replied affirmatively and reminded Council that there is an accumulation of
Measure W, R, and M funds.
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Mayor Pro Tem Piepermoved that the City Council approve the RFP aspresented. Councilmember
Dieringer seconded the motion and the motion passes unanimously by voice vote as follows:
AYES:COUNCILMEMBERS: Mayor Mirsch, Pieper, Dieringer, and Wilson
NOES:COUNCILMEMBERS: Black.
ABSENT:COUNCILMEMBERS: None.
ABSTAIN: COUNCILMEMBERS: None.
B.CONSIDER AND APPROVE SPECIAL CITY COUNCIL MEETING ON
MONDAY, DECEMBER 9, 2019 AT 2PM.
Discussion ensued among the Council about the approval of a special City Council Meeting on
Monday, December 09, 2019 at 2 p.m. The Council discussed changing the time but decided
against it as the time was previously advertised to the public and did not want to cause confusion.
The Council took into account the 2019 Holiday Open House being scheduled for December 9
th at
4 p.m. and wanted to ensure that staff had enough preparation time. The Council also discussed
that an urgency ordinance requires a four-fifths vote to approve, requiring a quorum to be present.
Councilmember Dieringer reminded the Council of potential meeting dates, December 16
th or
possibly the December 18th, were previously suggested.
City Manager Jeng responded that potential dates were only suggested but the dates were never
finalized.
Mayor Pro Tem Pieper moved that the City Council meet on their regularly scheduled meeting
date of January 13th 2020. Councilmember Dieringer seconded the motion and the motion passed
by a voice vote as follows:
AYES:COUNCILMEMBERS: Pieper, Dieringer, Black, and Wilson
NOES:COUNCILMEMBERS: Mayor Mirsch.
ABSENT:COUNCILMEMBERS: None.
ABSTAIN: COUNCILMEMBERS: None.
9.MATTERS FROM THE CITY COUNCIL AND MEETING ATTENDANCE
REPORTS
A.PERSONNEL COMMITTEE: STATUS REPORT ON REVISIONS TO
EMPLOYEE HANDBOOK (ORAL).
City Manager Jeng reported on the status of revisions to the employee handbook, going into effect
January 1st, 2020. Unfortunately as no Council meetings are scheduled for that date, staff has more
time to review the updates. City Manager Jeng predicts finishing and finalizing the employee
handbook in March 2020 and have it go into effect July 1st, 2020.
B.SOLID WASTE COMMITTEE: STATUS REPORT ON NEW SOLID WASTE
CONTRACT WITH REPUBLIC SERVICES (ORAL).
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City Manager Jeng reported on the Solid Waste Committee’s progress on the new solid waste
contract with Republic Services. City Manager Jeng stated that the City and the Solid Waste
Committee have hosted two meetings with HF&H. City Manager Jeng reported that they are done
culminating the terms of the contract and HF&H asked the Committee members for edits and
feedback. HF&H will prepare a redline summary of the meetings which will go back to the
Committee for review and confirmation. Once the Committee confirms, HF&H will start on the
edits. It would then be given back to the Committee for review and be brought back to the Council.
During this time, the summary will also be provided to Republic Services for their feedback. City
Manager Jeng hopes to have a finalized agreement to present to the Council on the second meeting
of February 2020.
Mayor Pro Tem Pieper requested information on thedelta differences between where the City was
and where it is in terms of the agreement.
Mayor Mirsch praised HF&H Consultants and found them valuable.
Councilmember Wilson stated that an aspect the City did not previously have was performance
metrics, meaning if Republic Services does not meet their performance objectives, the City will
have the ability to liquidate for damages.
10.MATTERS FROM STAFF
A.UPDATE ON PORTUGUESE BEND ROAD/ROLLING HILLS ROAD SEWER
FEASIBILITY STUDY PHASE II (ORAL).
City Manager Jeng updated the Council on the Portuguese Bend Road/Rolling Hills Road Sewer
Feasibility Study. City Manager Jeng reminded the Council that they reconsidered and budgeted
for the Feasibility Study Phase II and it has since made progress. She happily reported the City
received a will-serve letter from the District on November 05, 2019 for discharges from City Hall
campus and the tennis courts. City Manager Jeng provided a history of the project, task list, and
timeline that thus far met had been met. She pointed out that a segment of pipes that needs to be
upgraded (based on the Districts design standard) to accept flows from Rolling Hills. The next
steps are to coordinate with the City of Torrance, Los Angeles County Sanitation District and the
City of Rolling Hills Estates. These entities are included because going down Rolling Hills Road,
we enter Rolling Hills Estates and further down by Crenshaw we enter the City of Torrance. Then
away from Torrance, we go into the truck lane, which is owned by LA County Sanitation District.
The City would then, receive comments from RHE on the Sewer Area Study. The City of Torrance
is to provide comments by the second week of December 02, 2019. The City is in the process of
submitting a will-serve letter application to the Los Angeles County Sanitation District for
discharge from 235 homes along the south of PBR/PVDN. City Manager Jeng expects to submit
the final Sewer Area Study (with will-serve letters) to the District for approval and have a final
report for the City Council in January 2020.
Mayor Pro Tem Pieper asked if the will-serve letter is received, can District return and restrict the
number of homes that can be added.
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City Manager Jeng responded that it is her understanding that a will-serve letter is a commitment
from the District to service, with the caveat that present and future problems that may arise are
resolved.
Councilmember Dieringer asked how far west the sewer line goes.
City Manager Jeng responded that she did not have it mapped out on the present map before them
but could show Councilmember Dieringer on a different map after the meeting.
Councilmember Black moved that the City Council receive and file the report as presented. Mayor
Pro Tem Pieper seconded the motion and the motion passed unanimously by a voice vote as
follows:
AYES:COUNCILMEMBERS: Mayor Mirsch, Pieper, Dieringer, Black, and Wilson
NOES:COUNCILMEMBERS: None.
ABSENT:COUNCILMEMBERS: None.
ABSTAIN: COUNCILMEMBERS: None.
Mayor Mirsch asked if the Council had any other comments to share.
Councilmember Wilson announced that out of all the Peninsula Cities, City Manager Jeng is now
the most senior City Manager on the Peninsula.
The City Council wished everyone a Happy Thanksgiving.
11. ADJOURNMENT
THE MEETING WILL BE ADJOURNED IN MEMORY OF JIM PIEPER, FATHER OF MAYOR PRO
TEM OF THE CITY OF ROLLING HILLS JEFF PIEPER WHO PASSED AWAY IN THE MONTH OF
NOVEMBER 2019.
Hearing no further business before the City Council, Mayor Mirsch adjourned the meeting at
8:55p.m. The next regular meeting of the City Council is scheduled to be held on Monday, January
13, 2020 beginning at 7:00 p.m. in the City Council Chamber at City Hall, 2 Portuguese Bend
Road, Rolling Hills, California.
Respectfully submitted,
___________________________________
Yohana Coronel, MBA
City Clerk
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Approved,
_____________________________________
Leah Mirsch
Mayor
46
-1-
MINUTES OF
A REGULAR MEETING
OF THE
CITY COUNCIL OF THE
CITY OF ROLLING HILLS, CALIFORNIA
MONDAY, DECEMBER 23, 2019
1.CALL TO ORDER
A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor
Mirsch at 7:00p.m. in the City Council Chamber at City Hall, 2 Portuguese Bend Road, Rolling
Hills, California.
2.ROLL CALL
Councilmembers Present:Mayor Mirsch, Pieper, Dieringer, and Wilson.
Councilmembers Absent:Black
Others Present:Elaine Jeng, P.E., City Manager.
Meredith Elguira, Planning & Community Services Director
Yohana Coronel, City Clerk
Michael Jenkins, City Attorney
3.OPEN AGENDA - PUBLIC COMMENT WELCOME
There were no public comments.
4.CONSENT CALENDAR
Matters which may be acted upon by the City Council in a single motion. Any Councilmember may
request removal of any item from the Consent Calendar causing it to be considered under Council
Actions.
NONE.
5.COMMISSION ITEMS
NONE.
6.PUBLIC HEARINGS
NONE.
7.OLD BUSINESS
NONE.
8.NEW BUSINESS
A.CONSIDERATION AND APPROVAL TO AWARD A CONSTRUCTION 47
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CONTRACT TO PCI FOR THE FY 2019-2020 TRAFFIC SIGNING, STRIPING,
AND PAVEMENT MARKING PROJECT FOR AN AMOUNT OF $40,479.50
FOR WORK INCLUDED IN SCHEDULE A.
City Manager Elaine Jeng gave an overview of the striping and pavement marking project. She
stated that staff came before the Council in October for authorization to release a construction bid
for the project. She pointed out that in the bid, the project is separated into two sections. The first
section is labeled Schedule A, which includes the signing and striping of streets that were paved
back in March 2019. Schedule A includes Williamsburg Lane, Lower Blackwater Canyon Road,
Middleridge Lane North, Middleridge Lane South and Crest Road. The second section is labeled
Schedule B which consists of the equestrian crossings, an intersection at Williamsberg Lane and
Lower Blackwater Canyon. Those intersection were included on the recommendation from the
City’s Traffic Engineer, Vanessa Munoz. It is proposed to be switched from a two-way stop to a
four-way stop for safety reasons. It was the intention of staff to focus on Schedule A as a priority
and place Schedule B as an alternate, unfortunately, that was not captured in the bid. City Manager
Jeng explained to the Council that the choices before them were the following: the Council could
choose to award the contract to the lowest apparent bidder, in this case PCI or they could reject all
bids and check with Los Angeles County Public Works Department to do the striping. She
proceeded to review the process and timeline of the bid and referred to the information given to
the Council in their staff reports.
City Manager Jeng reported that two bids were submitted (PCI and SternDALH). She highlighted
the pricing component and stated that if the Council were to look at each schedule individually or
combine Schedule A and B, PCI would still be the lowest apparent bidder. She further explained
that staff looked into the unit prices because all jobs vary in size which can lead to the cost being
very different. The way to equalize it is by looking at the unit prices. Staff compared PCI’s unit
prices with the engineer’s estimate. It showed on the average, PCI’s bid is approximately
2.7 times more than the Engineer’s Estimate. Bids are reflective of current market
conditions. Comparison of the bids received show the highest bid for Schedule A is
approximately 75% more than the lowest bid. The highest bid for Schedule A and B is
approximately 91% more than the lowest bid.
City Manager Jeng stated that staff recommends the Council to award the contract to PCI
as the lowest responsive bidder. She pointed out that because of the way the bid was
comprised, the Council must award the entire bid, with both Schedule A and B. City
Manager Jeng contacted the contractor along with the legal department, to see if it was
possible to eliminate Schedule B under this award, both responded yes. She reported that
the quickest PCI can begin the project, with 10 days for contract execution, is 2.5 weeks
to have technicians on site. Bringing the start date to approximately the end of January.
Councilmember Wilson asked why the prices came in higher than the Engineers estimate. Why
was the variance between the two bids so high?
City Manager Jeng answered, that she believed the Engineer’s estimate came in low and did not
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know why the variance is so high. Her guess was SternDALH has never bid on a job or worked in
the City of Rolling Hills which may account for the variance. SternDALH may not be familiar
with the streets and how business is conducted. Shealso reported not having enough time to collect
data for unit prices from other facilities due to holiday season.
Councilmember Wilson asked who has recently done striping in the City.
City Manager Jeng answered J&N Striping.
Mayor Pro Tem Pieper asked if they had compared previous cost with what was received and if
there was an expected number.
City Manager Jeng responded that the County data they had did not break down the linear footage.
What staff did, based on past practices, was to inform the County that the City would like to have
five streets striped. This would then lead to each street having a cost estimate but would be listed
as one single price by the County. She stated that it is hard to compare previous cost with current
cost because she would have to add up the linear footage based on whether it is a white stripe,
and/or a double stripe which is difficult to do.
Mayor Pro Tem Pieper stated that he was not comfortable awarding the contract without having
the County’s pricing. He inquired when the City would know what the County pricing is.
City Manager Jeng stated that the County informed staff they could give pricing in 10 days.
Mayor Pro Tem Pieper recommended waiting an additional 10 days in order to have the County’s
pricing.
Mayor Mirsch stated she had placed some time constraints on this project in the hopes of getting
theproject going. She was optimistic but was not anticipating the bid coming in with high numbers.
She wanted to expedite the project because of the rain coming and the complaints from the
residents who live on Crest Road and Lower Blackwater Canyon. She believed that it would have
been a small effort on the City to expedite this project but she was not interested in wasting the
residents’ money in order to have the project start two weeks early.
Mayor Pro Tem Pieper asked if the Council needed to take action on the item.
City Manager Jeng replied no.
Councilmember Dieringer asked if the bids had an expiration date.
City Manager Jeng replied yes, however she could not recall the date but did know that the bids
were valid for the next thirty days.
Mayor Mirsch asked if there were to be an accident, could the City be liable.
City Attorney Michael Jenkins replied that it was his opinion that both, the City and the RHCA,
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could be sued but other considerations would be taken into account. For example, was the driver
speeding? Was it a foggy night? Was the driver under the influence? He also reminded the Council
that the City has insurance in place to help protect it from these sorts of claims.
Mayor Mirsch stated that she believed that it was the right thing to do, to have the City’s business
done expeditiously. She added that she believed it would be foolish on the City’s part to spend
extra money when it is not necessary. She also asked if the County’s pricing usually comes in
higher than private pricing.
Councilmember Wilson stated that he recalled that they did not the last time.
Mayor Pro Tem Piper wanted to confirm if the City had a linear footage for this project. He asked
if the City knew how much the County charges per foot? And what fee was considered normal for
striping.
City Manager Jeng replied no, the County does not give out unit pricing. They instead take it as a
service request based on the scope of work the City provides to them.
Councilmember Dieringer asked if they could require the County to provide unit pricing.
City Manager Jeng stated that in past practice the City would submit a service request. The County
takes that request as an internal department request. She explained that the County does not bid on
other agency’s projects. They provide the City the service based on the fact that Rolling Hill is a
contract city, much like Building and Safetyservice they provide. Therefore they cannot be treated
like a regular vendor. She also reported that the Planning Director heard back from the County
inquiring if the City was asking for their pricing in order to compare it to other bids. They
proceeded to remind the Planning Director that the County is not interested in competing with
vendors.
Councilmember Wilson asked if the bid included replacing the broken dots and if there was an
accurate number of how many dots the City has in place. He wanted to confirm that if the
replacement of the dots were only for the streets that were recently paved.
City Manager Jeng answered yes. The dots being replaced are only for the streets identified in the
bid.
Mayor Pro Tem Pieper moved that the City Council take no action on the item and have staff bring
it back on the next Regular Council Meeting on January 13th, 2020 along with the County pricing.
Councilmember Wilson seconded the motion and the motion carried without objection by a voice
vote as follows:
AYES:COUNCILMEMBERS: Mayor Mirsch, Pieper, Dieringer, and Wilson
NOES:COUNCILMEMBERS: None.
ABSENT:COUNCILMEMBERS: Black.
ABSTAIN: COUNCILMEMBERS: None.
50
Minutes
City Council Meeting
10-14-19 -5-
9.MATTERS FROM THE CITY COUNCIL AND MEETING ATTENDANCE
REPORTS
10.MATTERS FROM STAFF
NONE.
12. ADJOURNMENT
Hearing no further business before the City Council, Mayor Mirsch adjourned the meeting at
7:35p.m. The next regular meeting of theCity Council is scheduled to be held on Monday, January
13, 2020 beginning at 7:00 p.m. in the City Council Chamber at City Hall, 2 Portuguese Bend
Road, Rolling Hills, California.
Respectfully submitted,
___________________________________
Yohana Coronel, MBA
City Clerk
Approved,
_____________________________________
Leah Mirsch
Mayor
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Agenda Item No.: 5.B
Mtg. Date: 01/13/2020
TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM:CONNIE VIRAMONTES , ADMINISTRATIVE ASSISTANT
THRU:ELAINE JENG P.E., CITY MANAGER
SUBJECT:PAYMENT OF BILLS.
DATE:January 13, 2020
BACKGROUND:
NONE.
DISCUSSION:
NONE.
RECOMMENDATION:
APPROVE AS PRESENTED.
ATTACHMENTS:
5B.pdf
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Agenda Item No.: 5.C
Mtg. Date: 01/13/2020
TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM:CONNIE VIRAMONTES , ADMINISTRATIVE ASSISTANT
THRU:ELAINE JENG P.E., CITY MANAGER
SUBJECT:FINANCIAL STATEMENT FOR THE MONTH OF NOVEMBER 2019.
DATE:January 13, 2020
BACKGROUND:
NONE.
DISCUSSION:
NONE.
RECOMMENDATION:
APPROVE AS PRESENTED.
ATTACHMENTS:
5C.pdf
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Agenda Item No.: 5.D
Mtg. Date: 01/13/2020
TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM:CONNIE VIRAMONTES , ADMINISTRATIVE ASSISTANT
THRU:ELAINE JENG P.E., CITY MANAGER
SUBJECT:REPUBLIC SERVICES RECYCLING TONNAGE REPORT FOR NOVEMBER 2019.
DATE:January 13, 2020
BACKGROUND:
NONE.
DISCUSSION:
NONE.
RECOMMENDATION:
APPROVE AS PRESENTED.
ATTACHMENTS:
5D.pdf
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Agenda Item No.: 5.E
Mtg. Date: 01/13/2020
TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM:CONNIE VIRAMONTES , ADMINISTRATIVE ASSISTANT
THRU:ELAINE JENG P.E., CITY MANAGER
SUBJECT:CONSIDER AND APPROVE THE ANNUAL VENDOR LIST.
DATE:January 13, 2020
BACKGROUND:
Section 3.04.060 of the City’s Municipal Code regarding purchasing provides that City purchases may be made from vendors without
bidding when any of the following conditions exist:
1. The amount of the purchase has a total estimated value of less than two thousand five hundred dollars ($2,500).
2. Sole source purchases such as legal advertising, utilities, conferences, and Sheriff’s department services.
3. An essential or critical need requires that an order be placed with the best available source of supply due to time constraints.
4. Purchases from vendors on the City Council Approved Vendor’s List.
5. If, at the discretion of the City Manager, and upon a finding supported with written documentation, it is in the City’s best interest in
regard to product uniformity, total cost of acquisition, and/or similar considerations. These purchases must be approved by the City
Manager or his/her designee.
6. Purchases made through a Cooperative Purchasing Program utilizing purchasing agreements maintained by the State, County, or other
public agencies.
While significantly most of the City’s purchases are accommodated by (1), (2), (3), (4) and (5) above, staff recommends annual approval of
the updated “City Council Approved Vendor’s List” as listed in (6) to facilitate purchases from known vendors.
The updated Vendor List is comprised of vendors who have consistently provided excellent service to the City. This is based on City
standards for quality and the cost of materials meaning that they have traditionally been the lowest bidder, they can deliver goods or services
on time, and/or they consistently meet or exceed product/service specifications.
DISCUSSION:
While substantial purchases made by the City are best served by bidding or by obtaining competitive quotes, there may be situations where
working with a preferred vendor is desired and/or more efficient. Preferred providers who are familiar with the City can expedite items, be
personally involved in achieving the desired outcome as well as be competitive in pricing. Bidding, on the other hand, can result in products
from an unknown vendor, time delays and poor quality.
For purchases where bidding is determined, with approval of the City Manager, not to be expedient or in the best interest of the City, the
attached vendors are proposed for inclusion on the “City Council Approved Vendor ’s List.” The vendors identified meet the definition or
qualifications for being on the Vendor List.
FISCAL IMPACT
There is no financial impact with adoption of the proposed vendor list. Staff will be cost conscious and mindful of the spending of City
funds when determining when to bid a purchase or utilize a preferred vendor.
63
CONCLUSION
It is not intended that a particular vendor will be used for the purchase of items solely because the vendor is on the preferred vendor list.
However, with a preferred vendor list, staff will have one additional tool available for making purchases if the situation or specific product is
best addressed through a particular vendor.
RECOMMENDATION:
It is recommended that the City Council approve the Annual Vendor List designating preferred vendors for certain City purchases.
ATTACHMENTS:
2020 Vendor List.docx
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-1 -
“2020 PROPOSED “CITY COUNCIL APPROVED VENDOR LIST”
A-1 All American Roofing Co.
22029 S. Figueroa St.
Carson, CA 90745
Craig Ekberg
(310) 320-0224 800roofusa.com
Roofing company
Affordable Generator Service, Inc.
9960 Bell Ranch Drive, Suite 105
Santa Fe Springs, CA 90670
Mr. Gilbert Garcia
(800) 394-7697
Emergency generator service and maintenance
Apple One
18538 Hawthorne Blvd.
Torrance, CA 90505
(310) 370-0708
Employment agency
Apple Store
3200 N Sepulveda Blvd.
Manhattan Beach, CA 90266
(310) 546-4309
Apple Computer store
Bennett Landscape
25889 Belle Porte Avenue
Harbor City, CA 90710
(310) 534-3543
Tree trimming services, landscaping
Cox Com, LLC
29947 Avenida De Las Banderas
Rancho Santa Margarita, CA 92688
(310) 891-1020 or 949-546-2406 cox.com
Telephone and cable internet services
DANKA
8226 Park Meadows Dr
Lone Tree, CO 80124
(800) 686-2733
Electronic equipment repair service
Dell, Inc.
One Dell Way
Round Rock, TX 78682
(800) 677-9725 Dell.com
Computer equipment
Duthie Power Services
2335 E. Cherry Industrial Circle
Long Beach, CA 90805-4416
562-790-1772
Emergency Generator Maintenance & Services
Executive-Suite Services
19025 Parthenia St. Suite 200
Northridge, CA 91324
818-993-6300
Janitorial services
Janet Faria Catering
2837 E. 220th Place
Long Beach, CA 90820
(310) 834-6836
Catering service
Finley Tree & Land Care Service
23033 Crenshaw Blvd,
Torrance, CA 90505
(310) 326-9818
Tree trimming services, landscaping
First Call Staffing
3511 Pacific Coast Hwy # E
Torrance, CA 90505
(310) 539-2884
Employment agency
Diane Gladwell
1028 Tirol Lane
Lake Arrowhead, CA 92352
(909) 337-3516
Election consultant, records management
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Konica Minolta Business Solution, USA Inc.
Dept. LA 22988
Pasadena, CA 91185-2988
(800) 456-5664
Copier and office equipment supplier
Mahaffey Companies (Atlas Cesspool Service)
1800 S. Alameda St.
Rancho Dominguez, Ca. 90221
(310) 605-1700
Septic tank services
Major Surplus
435 W Alondra Blvd.
Gardena, CA 90248
(310) 324-8855
Emergency supplies
Martin & Chapman Company
1951 Wright Circle
Anaheim, CA 92806
(714) 939-9866
Election consultant, book paper supplier
Merrimac Energy Group
1240 E. Wardlow Road
Long Beach, CA 90807
(800) 900-4081
Emergency generator supply, maintenance services
PVPUSD Printing Services
375 Via Almar
Palos Verdes Estates CA 90274
310-896-3426
Copy & stationary printing services
Peninsula Septic
1840 S. Gaffey Street #53
San Pedro, CA 90731
Nick Dragich
(310) 832-4800
Septic tank services
S &W Communications
14714 Lull Street
Van Nuys, CA 91405
(818) 786-7050 ext 207
Telephone equipment, maintenance, repair service
Smart Source LLC.
21818 S. Wilmington Ave., Ste 406
Long Beach, CA 90810
(310) 513-2000
Stationery
Traver’s Trees
P. O. Box 7000-416
Palos Verdes Peninsula, CA 90274
(310) 545-5816 (310) 530-3920
Tree trimming services, landscaping
TR Trading Co.
15604 S. Broadway
Gardena, CA 90248
(310) 329-9242
Furniture store
Xerox
101 Continental Blvd.
El Segundo, CA 90245
Lori Murphy
(877) 395-6318 Xerox.com
Printers, copiers
Yosemite Water
226 South Avenue 54
Los Angeles, CA 90025
(323) 256-2265 yosemitewaters.com
Water delivery
EJ/yc 01-03-20 Preferred Vendor list.doc
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Agenda Item No.: 5.F
Mtg. Date: 01/13/2020
TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM:YOHANA CORONEL,
THRU:ELAINE JENG P.E., CITY MANAGER
SUBJECT:CONSIDER AND APPROVE CITY COUNCIL MEETING DATES FOR CALENDAR YEAR 2020
DATE:January 13, 2020
BACKGROUND:
NONE.
DISCUSSION:
NONE.
RECOMMENDATION:
It is recommended that members of the City Council approve the Calendar of 2020 Meeting Dates & Holidays. There is one holiday that
lands on regularly scheduled City Council meetings; May 25, 2020 Memorial Day.
Staff is recommending to reschedule the May 25th meeting to Tuesday, May 26 th or Wednesday, May 27 th. The Holiday Party will be held
on the second Monday of the month, December 14th as years past, and holding a Regular City Council Meeting on December 21s t 2020,
which will fall on the third Monday of the month.
ATTACHMENTS:
Item4F_Attach01_ 2020CityCouncilMeetingDates.xlsx
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2020 City Council Meeting Dates and City Holidays
Unless otherwise noted, meetings in conflict with a holiday will be cancelled.
Scheduled Date Holiday Conflict Holiday Date Re-scheduled Date/Time
January 13, 2020
January 27, 2020
February 10, 2020
February 24, 2020
March 9, 2020
March 23, 2020
April 13, 2020
April 27, 2020
May 11, 2020
May 25, 2019 Memorial Day May 25 Rescheduled to 5/26, 27??
June 8, 2020
June 22, 2020
July 13, 2020
July 27, 2020
August 10, 2020
August 24, 2020
September 14, 2020
September 28, 2020
October 12, 2020
October 26, 2020
November 9, 2020
November 23, 2020
December 14, 2019 Holiday Open House N/A N/A
December 21, 2019 N/A N/A Regular Council Meeting
2020 Holidays Observed (City Hall Closed)Other Holidays:
January 1, 2020 New Year's Day (observed) March 16-20, 2020 PVPUSD Spring Break
January 20, 2020 Martin Luther King Jr. Day April 16-18, 2020 Passover
February 17, 2020 President's Day September 18-20, 2020 Rosh Hashanah
May 25, 2020 Memorial Day September 27-28, 2020 Yom Kippur
July 4, 2020 Independence Day
September 7, 2020 Labor Day
November 11, 2020 Veterans Day
November 26-27, 2020 Thanksgiving Holiday
December 24, 2020 Christmas Eve (Observed)
December 25, 2020 Christmas Day
Unless otherwise noted, meetings in
conflict with a holiday will be cancelled.
DRAFT 12/03/19
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Agenda Item No.: 5.G
Mtg. Date: 01/13/2020
TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM:YOHANA CORONEL,
THRU:ELAINE JENG P.E., CITY MANAGER
SUBJECT:CONSIDER AND APPROVE CITY COUNCIL BUDGET CALENDAR FISCAL YEAR 2020-2021
DATE:January 13, 2020
BACKGROUND:
NONE.
DISCUSSION:
NONE.
RECOMMENDATION:
It is recommended that members of the City Council approve the Budget Calendar of Fiscal Year 2020-2021.
ATTACHMENTS:
Item4G_Attach01_BudgetCalendarFY20-21v3.docx
69
City of Rolling Hills INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CA 90274
(310) 377-1521
FAX (310) 377-7288
BUDGET CALENDAR
FISCAL YEAR 2020/2021
January 13, 2020 Finance/Budget/Audit Committee meeting with Auditor to
review FY 2018/19 Comprehensive Annual Financial Report
(CAFR).
January 13, 2020 City Council receive, review and approve FY 2020/2021 budget
calendar.
January 25, 2020 City Council Strategic Planning Session #1 with staff for FY
2020/2021 and beyond.
January 27, 2020 City Council receive and review FY 2018/2019 Audited Financial
Statements.
February 10, 2020 City Council Strategic Planning Session #2 with staff for FY
2020/2021 and beyond.
February 24, 2020 City Council Strategic Planning Session #3 with staff for FY 2020/2021
and beyond.
March 09, 2020 City Council receive and review FY 2019/2020 mid-year budget
report and appropriations.
April 13, 2020 Finance/Budget/Audit Committee review Financial and
Investment Policies;and reviewand discuss Schedule of Fees and
Charges.
April 13, 2020 City Council discussion of FY 2020/2021 budget priorities.
May 07, 2020 If the annualized CPI exceeds 7.5% as of March 2019, public notice sent to all property
owners advertising a public hearing for an increase in the solid waste collection fee.
Also, as directed, public notice is required for updates to Schedule of Fees & Charges
(by June 8, 2020).
April 15, 2020 Staff review of FY 2019/2020 year-end expenditure projections
with City Manager.70
City of Rolling Hills INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CA 90274
(310) 377-1521
FAX (310) 377-7288
April 27, 2020 City Council review of FY 2019/2020 year-end revenue and
expenditure projections, Schedule of Fees and Charges, annual
CPI projections, and Financial and Investment Policies.
April 29, 2020 Staff proposed FY 2020/2021 Budget Requests and discussion
with City Manager.
May 06, 2020 Final Staff proposed FY 2020/2021 Budget Requests with City
Manager.
May 14, 2020 Finance/Budget/Audit Committee review of FY 2020/2021 staff
proposed budget.
June 08, 2020 City Council budget public hearing, adoption of FY 2020/2021
budget, and approval of Gann Limit. If necessary, City Council public
hearing on proposed update(s) to solid waste collection fee and/or Schedule of Fees and
Charges.
71
Agenda Item No.: 5.H
Mtg. Date: 01/13/2020
TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM:YOHANA CORONEL,
THRU:ELAINE JENG P.E., CITY MANAGER
SUBJECT:
RESOLUTION 1247: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING
HILLS AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS AS PROVIDED BY
SECTION 34090 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA.
DATE:January 13, 2020
BACKGROUND:
Government Code Section 34090 provides for the destruction of certain city records by resolution and the written consent of the City
Attorney. It states “The head of a city department may destroy city record, document, instrument, book or paper, under his or her charge,
without making a copy thereof, after the same is no longer required.” This section does not authorize the destruction of:
a.) Records affecting the title to real property or liens thereon.
b.) Court records
c.) Records required to be kept by statute.
d.) Records less than two years old.
e.) Minutes, ordinances, or resolutions of the legislative body of a city board or commission.
Staff and the City Attorney have reviewed the records listed on Exhibit A of the attached Resolution No. 1247 and have determined that they
are not among the above exceptions. Further, staff has reviewed the listed records to assure that they do not have any historical or research
value to the City. Therefore, staff has determined that they are eligible for destruction. Similar action on older City records was taken by the
City Council on August 23, 2010 by the adoption of Resolution No. 1089
DISCUSSION:
NONE.
RECOMMENDATION:
It is recommended that members of the City Council adopt Resolution No. 1247 authorizing the destruction of certain City records as
provided by Section 34070 of the Government Code of the State of California.
ATTACHMENTS:
Item4H_Attach02_DestructionFormsOfRecords.docx.pdf
Item4H_Attach01_ResolutionApprovingDestructionOfRecordsv1.docx
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Resolution No. 1247 -1-
RESOLUTION NO. 1247
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROLLING HILLS AUTHORIZING THE DESTRUCTION OF CERTAIN
CITY RECORDS AS PROVIDED BY SECTION 34090 OF THE
GOVERNMENT CODE OF THE STATE OF CALIFORNIA.
WHEREAS, the keeping of numerous records after a certain length of time is not necessary
for the effective and efficient operation of the government of the City of Rolling Hills; and
WHEREAS, Section 34090 of the Government Code of the State of California provides a
procedure whereby any City record which has served its purpose and is no longer required may be
destroyed.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROLLING HILLS
DOES RESOLVE AS FOLLOWS:
Section 1.The records of the City of Rolling Hills as set forth in the attached
Destruction of Records Schedule attached hereto as Exhibit “A” are hereby authorized to be destroyed as
provided by Section 34090 of the Government Code.
Section 2.The provisions of Section 1 above do not authorize the destruction of:
a)Records affecting the title to real property or liens thereon.
b)Court records.
c)Records required to be kept by statute.
d)Records less than two years old.
e)Minutes, ordinances, or resolutions of the legislative body or a city board or
commission.
Section 3.The written consent of the City Attorney has been obtained for this
destruction.
PASSED, APPROVED AND ADOPTED this 13th day of January, 2020.
____________________________________
LEAH MIRSCH
MAYOR
ATTEST:
____________________________________
YOHANA CORONEL
CITY CLERK
85
Resolution No. 1247 -2-
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS )
I certify that the foregoing Resolution No. 1247 entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROLLING HILLS AUTHORIZING THE DESTRUCTION OF CERTAIN
CITY RECORDS AS PROVIDED BY SECTION 34090 OF THE
GOVERNMENT CODE OF THE STATE OF CALIFORNIA.
was approved and adopted at a regular meeting of the City Council on January 13, 2020 by the following
roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
____________________________________
YOHANA CORONEL
CITY CLERK
CONSENT TO DESTRUCTION OF RECORDS
The undersigned, City Attorney for the City of Rolling Hills hereby consents to the
destruction of the records of the City of Rolling Hills as set forth in the attached Destruction of Records
Schedule attached hereto as Exhibit “A” as provided by Section 34090 of the Government Code.
Dated ______________
__________________________________________
MICHAEL JENKINS
CITY ATTORNEY
86
Agenda Item No.: 6.A
Mtg. Date: 01/13/2020
TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM:MEREDITH ELGUIRA, PLANNING DIRECTOR
THRU:ELAINE JENG P.E., CITY MANAGER
SUBJECT:
CONSIDERATION TO RECEIVE AND FILE RESOLUTION NO. 2019-16 FROM THE PLANNING
COMMISSION GRANTING APPROVAL OF A LOT LINE ADJUSTMENT BETWEEN FOUR
PARCELS ALONG STORM HILL LANE IN ZONING CASE NO. 949, (STORM PROPERTIES, INC.)
DATE:January 13, 2020
BACKGROUND:
The Planning Commission at their November 19, 2019 meeting adopted Resolution No. 2019-16 granting a lot line adjustment between four
parcels along Storm Hill Lane. The parcels were originally created by a subdivision of a 67.6 acres of two lots into 4 parcels, Parcel Map No.
26356 and recorded in 2005. No new lots are being created and no new development is being proposed with this application. The lots are
located in the RAS-2 zoning district and currently three of the lots are vacant and one is developed, (4 Storm Hill Lane).
One of the conditions of the Storm Hill Lane parcel map required that the applicants construct certain improvements prior to filing a Final
Map, or enter into a secured agreement with the City to complete the improvements and land development work. In 2005, prior to finalizing
and recording the subdivision map, the owners chose to bond for the improvements, rather than construct them. The City is still holding the
financial obligations for the improvements. In addition, the City required that the owners agree to not to further subdivide the lots; and a
covenant agreement was recorded to that effect.
Under a separate application, in Zoning Case No. 950, the applicants request a Site Plan Review to construct the required improvements,
which includes a shorter road than originally approved. In order to construct the revised (shorter) road, the lot lines of the current parcels
must be adjusted to meet the City’s requirements for access to lots.
CEQA CONSIDERATIONS
The lot line adjustment application project is considered a minor lot line adjustment that will not result in the creation of new parcels and
qualifies as an exemption from CEQA review (CEQA Guidelines Article 19 Section 15305, Minor Alterations in Land Use Limitations).
LOT LINE ADJUSTMENT
The lot sizes will change as shown in the tables below. The lots are very large and the lot line adjustments will not cause any non-conformity
and all of the lots will meet the 2 acres net lot size requirement for the RAS-2 zone.
PARCEL 1
APN: 7570-024-014 EXISTING PROPOSED
Gross lot area 8.42 acres 7.58 acres
Net lot area as calculated by City 6.75 acres 6.13 acres
PARCEL 2
APN: 7570-024-015 EXISTING PROPOSED
Gross lot area 36.94 acres 35.05 acres
Net lot area as calculated by City 34.74 acres 33.45 acres
PARCEL 3 87
PARCEL 3
APN: 7570-024-016 EXISTING PROPOSED
Gross lot area 15.91 acres 17.28 acres
Net lot area as calculated by City 14.72 acres 15.80 acres
PARCEL 4
APN: 7570-024-017 EXISTING PROPOSED
Gross lot area 6.44 acres 7.79 acres
Net lot area as calculated by City 5.42 acres 6.86 acres
DISCUSSION:
MUNICIPAL CODE AND SUBDIVISION MAP ACT COMPLIANCE
City’s design standards for new lots, Section 16.16.050 of the Subdivision ordinance, allows up to two lots to front on the turning radius of a
cul-de-sac. A 64-foot diameter turn around (cul-de-sac) as required by the Fire Department, will be constructed at the end of the road. Parcels
2 and 3 would have access from the cul-de-sac. Parcel 3, once developed, will have a very long driveway leading from the cul-de-sac
roadway easement to the building pad. Parcels 1 and 4 will take access from the straight portion of the road, Storm Hill Lane.
Section 16.16.090 requires that all new streets have not less than a 60-foot wide right of way. The adjusted lot lines will allow for a 60-foot
wide roadway easement, of which 38 feet would be located on Parcel 1 and 22 feet would be located on Parcel 4 and will be developed with
a minimum of 30-foot wide paved road, entirely on Parcel 1. An 8-foot wide bridle trail is proposed on each side of the improved road. The
64-foot diameter cul-de-sac at the end of the road is in its entirety located on Parcel 1.
There are no variances associated with this application. The application was evaluated as to conformance with all applicable zoning and
subdivision standards. The transfer will not result in creating any non-conformity. The three vacant parcels are of substantial size to meet the
zoning requirements for development and the already developed lot will remain conforming.
OTHER AGENCIES
Approval from the Rolling Hills Community Association (RHCA) is also required for this lot line adjustment. The Los Angeles County
Regional Planning Land Development Division, under a contract with the City, reviewed the legal descriptions of the newly configured lots
and approved them. Staff will prepare the appropriate Certificate of Compliance documents for recordation of the newly configured lots.
The applicants are in consultation with the RHCA regarding the bridle trails and where the existing trails would be relocated.
RECOMMENDATION
It is recommended that the City Council receive and file this report.
APPLICANT'S STATEMENT:
The main purpose of the LLAs is to adjust the lot lines for the shorter road design.
Shorter Road Justification
Original longer road
Required approx. 12,000 CY of soil to be stockpiled and pads created on lots 1, 2 & 3 to accept the excess soil.
Required far more natural vegetation disturbance
Created a “Road to No Where” with the end of the road downhill, out of sight – creating a fire danger until any sale or development of
lots 2 & 3.
Shorter Road Justification
Requires approx. 2,450 CY of excess soil to be stockpiled; (approximately 20% of the previous proposal)
Disturbance of only one lot (Lot 1)
Minimal vegetation impacted.
Grading pads for lots 1, 2 & 3 will not take place until lots sell in the future and are designed and approved.
RECOMMENDATION:
It is recommended that the City Council receive and file this report.
ATTACHMENTS:
88
ATTACHMENTS:
PC Reso 2019-16.pdf
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Agenda Item No.: 6.B
Mtg. Date: 01/13/2020
TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM:MEREDITH ELGUIRA, PLANNING DIRECTOR
THRU:ELAINE JENG P.E., CITY MANAGER
SUBJECT:
CONSIDERATION TO RECEIVE AND FILE RESOLUTION NO. 2019-17 FROM THE PLANNING
COMMISSION GRANTING APPROVAL FOR GRADING FOR A NEW ROAD TO SERVE
PROPERTIES ON STORM HILL LANE; AND ADOPTING A MITIGATED NEGATIVE
DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM REQUEST IN
ZONING CASE NO. 950; AND APPROVING REQUEST FOR ONE-YEAR TIME EXTENSION OF
SCHEDULE A THROUGH E (STORM PROPERTIES, INC.)
DATE:January 13, 2020
BACKGROUND:
The applicants, Storm Properties, Inc. have requested a Site Plan Review for grading and construction of a private road with substructures.
Construction of the improvements was a requirement of a subdivision application in Parcel Map No. 26356, known as Storm Hill Lane,
which was finaled and recorded in 2005. The required improvements included construction of a road, undergrounding utility lines, fire
hydrant, water lines, gas lines, monuments (for property lines markings), sewer line with stub out for future use and a mitigation, restoration
and maintenance agreement for re-vegetation of plants, (on lot 3 only), that would be lost to grading, when the lot is developed. Prior to
finalizing the Parcel Map instead of constructing the improvements, the owners opted to deposit construction bonds with the City in the
amount that it would cost to design and construct these improvements and entered into an agreement with the City that the improvements
were to be completed within 3-years, or prior to either sale or development of any of the 3-vacant parcels. The development agreement was
extended several times since 2005; the latest agreement is expiring in June 2020. The property owners do not have a time frame for
development of the lots, although they’re considering a sale of Parcel 1-adjacent to Johns Canyon Rd., which would trigger the
implementation of the subdivision agreement; whereas before there was no reason to construct the road and all of the appurtenant structures.
Once the improvements are completed, the City would be able to release the security bonds.
Concurrently, in Zoning Case No. 949, the applicants have requested a Lot Line Adjustment between the four parcels of land, which were
created by the subdivision. Other than the road, no new development is being proposed with this application.
DISCUSSION:
The originally approved road would be approximately 1,130 feet long and would start at the junction of Johns Canyon Road and Storm Hill
Lane and continue between the property lines (in the roadway easements) of Parcels 1 and 4 and 1 and 2 ending with a hammerhead at the
boundary of the property line of Parcel 3. The grading for this road was approved at 12,000 cubic yards of cut and 500 cubic yards of fill on
parcels 1 and 2; and would be balanced on those parcels if the pads were being created at the same time as the road. Otherwise, 11,500 cubic
yards of the dirt was proposed to be spread and some stockpiled on those two parcels.
The proposed project entails construction of a 564-foot long by 30 feet wide paved road within a 60-foot wide roadway easement with a 64-
foot diameter cul-de-sac and 8’ bridle trails easement on either side of the paved road; meeting the requirements of the Fire Department and
City’s code, as well as RHCA requirement for bridle trail along the road. The entire road and the cul-de-sac will be located on Parcel 1. The
road will be constructed to LA County road construction standards. The grading will be entirely for the construction of the road and not for
the building pads and will entail 2,800 cubic yards (CY) of cut of which 350 CY will be used for fill on lot 1 (for the road). The remaining
dirt is planned to be spread roughly 2’ high over an area of approximately 49,000 SF or 140’ x 350’ (shown as the oval area on the plans) on
lot 1. This area will be compacted and hydroseeded but will not be prepared for construction.
Very little disturbance, (0.17%), is proposed on Parcels 2, and 3 each; 2.31% of parcel 4 will be disturbed and 19.79% (65,340 SF) of parcel
1 will be disturbed for the road and stockpiling.
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TRAFFIC COMMISSION
The proposed road meeting Johns Canyon Road, will be moved approximately 30 feet east of the location approved with the subdivision, and
will be 40’ wide. The road will vary in slope from 3% to 15%, which is permitted. The Traffic Commission reviewed the project, after each
commissioner independently visited the site, and at their November 21, 2019 meeting recommended approval. The Traffic Engineer visited
the site as well and prepared a recommendation to the Traffic Commission. The Traffic Engineer’s report is included.
ENVIRONMENTAL REVIEW
An environmental review of the entire project was prepared with the subdivision request in 2000. At that time it was determined that the
project, with mitigation measures, will not have a significant negative effect on the environment. With several revisions in CEQA law since
2000, it was determined that the proposed revised road and its proposed location constitute a new project and is subject to a new CEQA
review
Pursuant to the requirements of the California Environmental Quality Act, (CEQA), Mitigated Negative Declaration was prepared for this
project. It was determined that with the proposed mitigation measures no significant environmental effects will result from this project. A
copy of the Initial Study/Mitigated Negative declaration was provided to the Planning Commissioners on a thumb drive, and is also being
provided to the City Council, and can be found on City’s website at http://www.rolling-hills.org/DocumentCenter/View/1438 or at City
Hall.
The applicant’s consultants prepared an Initial Study and determined that the project would have significant environmental effects. However,
with mitigation measures developed by the applicant’s consultant and approved by City staff, all of the potential negative environmental
effects of the project will be diminished to a level of less than significant, and a Mitigated Negative Declaration for this project was prepared.
As required by (CEQA), proper notices were provided to residents within 1,000-foot radius of the site, local cities, the local library and
school district, County agencies and other local agencies for their comments. A copy was also posted on the City’s website. In response to
the City’s notice of availability of the Initial Environmental Study and Mitigated Negative Declaration, (MND), several comments/letters
were received. Attached to this report are copies of the comments received as a result of the CEQA process. A Mitigation Monitoring and
Reporting Program (MMRP) was developed, which addresses the comments that were submitted, (Attachment D).
The MMRP includes some of the conditions from the 2000 Conditions of Approval for the road construction and were incorporated into the
Resolution of approval.
ONE-YEAR TIME EXTENSION
The applicant requests that the extension to construct the infrastructure to these lots be granted to June 8, 2021, as the project was put on
hold while a new environmental assessment was prepared. The preparation of the environmental document caused a significant delay to the
project schedule and thus, shortening the time for the applicant to comply with Schedules A through E. However, the applicant has taken the
risk to move forward with plan check to still try to meet the original deadline and save time.
Applicants’ description and statement of justification of the project:
“We are submitting for Site Plan Review (SPR) as we are proposing a change in the grading plan involving significantly less grading and
disturbance. Tentative street improvement and rough grading plans for Storm Hill Lane were approved as part of Parcel Map 26356. The
improvements are required to be completed as part of the subdivision agreement dated June 8, 2005, as amended. An original rough grading
plan, approved with the Parcel Map, required the grading of the street and all the pads to accommodate the excess soil being generated by cut
for the street and the required slopes. We are proposing to reduce the length of Storm Hill Lane by approx. 40% (and modify the required
easements) to eliminate all grading of the pads to a future time as part of the development of the homes on these lots. The grading CUT
required to build the shorter street will be approximately 2,800 C.Y. and would be placed roughly 2’ high over an area of approximately
49,000 s.f. or roughly 140’x350’ on lot 1 - shown as the oval area on the grading exhibit drawing. The new shorter street will still provide
access to all four lots involved in the Parcel Map 26356. By building the shorter Street and not grading any of the house pads, there will be
little or no upfront disturbance to the natural vegetation/habitat and at the same time – would meet the requirements of the subdivision
agreement dated June 8, 2005, as amended, to build the Street by June 8, 2020. The new Street will include and meet all requirements by the
County of Los Angeles Fire Department – including Street width, and code cul-de-sac design. The new Street will also be built with a stub
in for future Public Sewer, and all communications (phone/cable, etc.) and will include a live water line for Fire Department Fire Hydrants
and future Water Service for each lot. The revised proposed grading plan, as submitted for Site Plan review, only requires grading for the
shorter Street (Storm Hill Lane). There is no proposed grading upon any of the lots for future building PADS on Lots 1-3 or construction of
any buildings proposed at this time.”
The Subdivision Improvement Agreement stipulates that the applicants may request an extension of time to complete the improvements,
which is to be reviewed and approved by the City Council. Since the original approval, the applicants requested and were granted three
extensions to complete the improvements. Each time, the City Council concurred that since the owners had no plans to develop or sell the
lots, there was no reason to disturb the natural terrain of the lots just to construct a road that would lead to nowhere, and trench for and place
utilities that would not serve anyone. For the approved configuration of the road, two out of the four parcels would have to be substantially
graded. It has been the City’s practice to limit grading on properties until a residence has been proposed, approved by the City and RHCA
and the plans for the structures have gone through substantial plan check review at the Building Department.
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RECOMMENDATION:
It is recommended that the City Council receive and file this report from the Planning Commission and approve the one-year extension
request from the current deadline date of June 8, 2020.
ATTACHMENTS:
PC Reso 2019-17.pdf
PC Report 11.19.19.pdf
Item 5B_Attach03 4th Amendment.doc
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65277.00010\32589446.1
Fourth Amendment to Subdivision Improvement Agreement
This Fourth Amendment to Subdivision Improvement Agreement (“Fourth Amendment”),
effective _____, 2020, is between the City of Rolling Hills, a municipal corporation (“City”), and
Jane Alexandra Storm, Claudia Storm Bird, Storm Industries, Inc., John McGovern, and
Elizabeth McGovern (the “Subdividers”), whose addresses are set forth in the amended
Subdivision Reference Data attached hereto as Schedule A, as of the date set forth below.
RECITALS
A.The City and Subdividers entered into a Subdivision Improvements Agreement dated
June 8, 2005, which was recorded on June 12, 2007 as document number 20071416757
(“Improvement Agreement”).
B.The City and Subdividers amended the Improvement Agreement in 2008, 2010, and
2015.
C.The Improvement Agreement, as amended, requires the Subdividers to construct an
access road to the newly subdivided lots.
D.The Subdividers desire to change the plan for the access road to shorten the length of the
road and reduce potential environmental impacts and costs.
E.The City desires to help facilitate the proposed change to the required access road.
F.The parties therefore desire to modify the Improvement Agreement by this Fourth
Amendment to reflect the proposed changes to the required access road.
AMENDMENTS
1.Schedules
Schedule A through E and Exhibit A-1 of the amended Improvement Agreement are hereby
replaced in their entirety with the new Schedule A through E and Exhibit A-1 that are attached to
this Fourth Amendment.
2.Section 2. TIME OF PERFORMANCE shall be amended as follows:
Subdividers shall complete the Improvements, as specified in Schedule A through E, not later
than June 8, 2021 or upon development of any one of the building sites of the Subdivisions,
whichever comes first.
3.No Other Changes
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Except as expressly modified by this Fourth Amendment, all provisions of the Improvement
Agreement as amended, remain unchanged and are reaffirmed by this Fourth Amendment.
[Signatures on Following Page]
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65277.00010\32589446.1
City
CITY OF ROLLING HILLS,
a municipal corporation
By:
Its:
Date: ______________________________
Approved as to form:
By:
Its:
Date: ______________________________
Attest by: City Clerk
Date: ______________________________
Subdividers
JANE ALEXANDRA STORM,
trustee or her successors in trust, of the Jane
Alexandra Storm Trust dated October 18, 1991,
as to an undivided 1/4 interest.
By:
Date: ______________________________
CLAUDIA STORM BIRD,
trustee of the Claudia Storm Bird Trust dated
August 3, 1995, as to an undivided 1/4 interest.
By:
Date: ______________________________
STORM INDUSTRIES, INC.
By:
Its:
Date: ______________________________
JOHN McGOVERN and
ELIZABETH McGOVERN,
trustees of the McGovern Community Property
Trust dated January 10, 2003, as to an
undivided 1/4 interest.
By:
Date: ______________________________
By:
Date: ______________________________
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65277.00010\32589446.1
A notary public or other officer completing this certificate
verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA )
COUNTY OF )
On _________________, 2020 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.
Signature:
(seal)
169
5
65277.00010\32589446.1
A notary public or other officer completing this certificate
verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA )
COUNTY OF )
On _________________, 2020 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.
Signature:
(seal)
170
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65277.00010\32589446.1
A notary public or other officer completing this certificate
verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA )
COUNTY OF )
On _________________, 2020 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.
Signature:
(seal)
171
7
65277.00010\32589446.1
A notary public or other officer completing this certificate
verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA )
COUNTY OF )
On _________________, 2020 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.
Signature:
(seal)
172
8
65277.00010\32589446.1
A notary public or other officer completing this certificate
verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA )
COUNTY OF )
On _________________, 2020 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.
Signature:
(seal)
173
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65277.00010\32589446.1
A notary public or other officer completing this certificate
verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA )
COUNTY OF )
On _________________, 2020 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.
Signature:
(seal)
174
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65277.00010\32589446.1
A notary public or other officer completing this certificate
verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA )
COUNTY OF )
On _________________, 2020 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.
Signature:
(seal)
175
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65277.00010\32589446.1
SCHEDULE A
CITY OF ROLLING HILLS
LOS ANGELES COUNTY, CALIFORNIA
SUBDIVISION REFERENCE DATA
UNDERGROUNDING OF UTILITIES
FINAL PARCEL MAP NO. 26356
SUBDIVIDERS: Jane Alexandra Storm, Claudia Storm Bird, Storm Industries, Inc., John
McGovern and Elizabeth McGovern.
SUBDIVIDERS MAILING ADDRESS: Storm Properties, Inc.
23223 Normandie Avenue
Torrance, CA 90501
Attn: Jay Ahluwalia, President
CITY COUNCIL RESOLUTION OF APPROVAL NO. 894
SPECIFICATION: PER DEVELOPMENT PLAN DATED OCTOBER 8, 2019
DESCRIPTION OF WORK:
A.Undergrounding of Utilities: All utility lines, including but not limited to
electrical, telephone and cable television, which will serve the four parcels
created by this Final Map along Storm Hill Lane shall be placed underground,
together with all appurtenant facilities, such as transformers and similar
equipment. The undergrounded utility lines shall be located within the
roadway easement of Storm Hill Lane from Johns Canyon Road at the south
to the hammerhead turn around on Storm Hill Lane to the north with
underground stems leading from Storm Hill Lane to each parcel of this
subdivision. There shall be no overhead utility lines across Storm Hill Lane.
ESTIMATED COSTS:
FAITHFUL PERFORMANCE $219,247.00
PAYMENT TO CONTRACTORS $109,623.00
EFFECTIVE DATE OF AGREEMENT: June 8, 2005
COMPLETION PERIOD: Not later than June 8, 2021 or upon development of any
one of the building sites of the Subdivision, whichever
comes first.
FORM OF SECURITY:SURETY BOND
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SCHEDULE B
CITY OF ROLLING HILLS
LOS ANGELES COUNTY, CALIFORNIA
SUBDIVISION REFERENCE DATA
MONUMENTATION
FINAL PARCEL MAP NO. 26356
SUBDIVIDERS: Jane Alexandra Storm, Claudia Storm Bird, Storm Industries, Inc., John
McGovern and Elizabeth McGovern.
SUBDIVIDERS MAILING ADDRESS: Storm Properties, Inc.
23223 Normandie Avenue
Torrance, CA 90501
Attn: Jay Ahluwalia, President
CITY COUNCIL RESOLUTION OF APPROVAL NO. 894
SPECIFICATION: PER PARCEL MAP NO. 26356
DESCRIPTION OF WORK:
Set a minimum of nine (9) survey monuments, or as otherwise required by the City
Engineer, and tie points in accordance with the Subdivision Laws, and deliver to the
City Engineer for his review the tie notes for the points.
ESTIMATED COSTS:
FAITHFUL PERFORMANCE $4,255.00
PAYMENT TO CONTRACTORS/ENGINEER $2,127.00
EFFECTIVE DATE OF AGREEMENT: June 8, 2005
COMPLETION PERIOD: Not later than June 8, 2021 or upon development of any
one of the building sites of the Subdivision, whichever
comes first.
FORM OF SECURITY: SURETY BOND
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SCHEDULE C
CITY OF ROLLING HILLS
LOS ANGELES COUNTY, CALIFORNIA
SUBDIVISION REFERENCE DATA
ROAD CONSTRUCTION –STORM HILL LANE
FINAL PARCEL MAP NO. 26356
SUBDIVIDERS: Jane Alexandra Storm, Claudia Storm Bird, Storm Industries, Inc., John
McGovern and Elizabeth McGovern.
SUBDIVIDERS MAILING ADDRESS: Storm Properties, Inc.
23223 Normandie Avenue
Torrance, CA 90501
Attn: Jay Ahluwalia, President
CITY COUNCIL RESOLUTION OF APPROVAL NO. 894
SPECIFICATION: PER DEVELOPMENT PLAN ENGINEER DATED OCTOBER 8,
2019.
DESCRIPTION OF WORK:
The work shall consist of 564-foot long by 30 feet wide paved road within a 60-foot wide
roadway easement with a 64-foot diameter cul-de-sac and 8-foot bridle trails easement on
either side of the paved road. The entire road and the cul-de-sac will be located on Parcel
1. The road will be constructed to LA County road construction standards. The grading
for the road will entail 2,800 cubic yards of cut of which 350 cubic yards will be used for
fill on Parcel 1 (for the road). In total 1,950 cubic yard will be cut along Parcel 1; 460
cubic yards along Parcel 2; 160 cubic yards along Parcel 3; and 230 cubic yards along
Parcel 4. The remaining dirt is to be spread roughly 2 feet high over an area of
approximately 49,000 square feet or 140’ x 350’ on Parcel 1. This area will be compacted
and hydroseeded but will not be prepared for construction.
ESTIMATED COSTS:
FAITHFUL PERFORMANCE $127,839.00
PAYMENT TO CONTRACTORS $63,920.00
EFFECTIVE DATE OF AGREEMENT:June 8, 2005
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65277.00010\32589446.1
COMPLETION PERIOD: Not later than June 8, 2021 or upon development of any
one of the building sites of the Subdivision, whichever
comes first.
FORM OF SECURITY:SURETY BOND
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SCHEDULE D
CITY OF ROLLING HILLS
LOS ANGELES COUNTY, CALIFORNIA
SUBDIVISION REFERENCE DATA
WATER MAIN EXTENSION AND FIRE HYDRANT
FINAL PARCEL MAP NO. 26356
SUBDIVIDERS: Jane Alexandra Storm, Claudia Storm Bird, Storm Industries, Inc., John
McGovern and Elizabeth McGovern.
SUBDIVIDERS MAILING ADDRESS: Storm Properties, Inc.
23223 Normandie Avenue
Torrance, CA 90501
Attn: Jay Ahluwalia, President
CITY COUNCIL RESOLUTION OF APPROVAL NO. 894
SPECIFICATION: PER DEVELOPMENT PLAN DATED OCTOBER 8, 2019
DESCRIPTION OF WORK:
Construct 1,820 L.F. of 6” Water Line, per California Water Service Company
specification and construct one new Fire Hydrant, if required by the Fire Department. If a
new Fire Hydrant is required, it shall measure 6” x 4” x 2-1/2” brass or bronze,
conforming to current L.A. County Fire Department requirements.
ESTIMATED COSTS:
FAITHFUL PERFORMANCE $97,590.00
PAYMENT TO CONTRACTORS $48,795.00
EFFECTIVE DATE OF AGREEMENT:June 8, 2005
COMPLETION PERIOD: Not later than June 8, 2021 or upon development of any
one of the building sites of the Subdivision, whichever
comes first.
FORM OF SECURITY: SURETY BOND
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SCHEDULE E
CITY OF ROLLING HILLS
LOS ANGELES COUNTY, CALIFORNIA
SUBDIVISION REFERENCE DATA
CORRECTIVE GEOLOGY
FINAL PARCEL MAP NO. 26356
SUBDIVIDERS: Jane Alexandra Storm, Claudia Storm Bird, Storm Industries, Inc., John
McGovern and Elizabeth McGovern.
SUBDIVIDERS MAILING ADDRESS: Storm Properties, Inc.
23223 Normandie Avenue
Torrance, CA 90501
Attn: Jay Ahluwalia, President
CITY COUNCIL RESOLUTION OF APPROVAL NO. 894
SPECIFICATION: PER DEVELOPMENT PLAN DATED OCTOBER 8, 2019
DESCRIPTION OF WORK:
Remedial work for geological exploration to assure that the lots are geologically stable
per Los Angeles County Public Works Geotechnical and Materials Engineering Division
requirements.
ESTIMATED COSTS:
FAITHFUL PERFORMANCE $82,800.00
PAYMENT TO CONTRACTORS $41,400.00
EFFECTIVE DATE OF AGREEMENT:June 8, 2005
COMPLETION PERIOD: Not later than June 8, 2021 or upon development of any
one of the building sites of the Subdivision, whichever
comes first.
FORM OF SECURITY: SURETY BOND
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LEGAL DESCRIPTION
EXHIBIT A-1
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF
ROLLING HILLS, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AND IS
DESCRIBED AS FOLLOWS:
PARCEL 1 OF PARCEL MAP NO. 26356, IN THE CITY OF ROLLING HILLS,
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP FILED
IN BOOK 332, PAGES 30 THROUGH 40, INCLUSIVE, OF PARCEL MAPS, IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
APN: 7570-024-014
PARCEL 2 OF PARCEL MAP NO. 26356, IN THE CITY OF ROLLING HILLS,
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP FILED
IN BOOK 332, PAGES 30 THROUGH 40, INCLUSIVE, OF PARCEL MAPS, IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
APN: 7570-024-015
PARCEL 3 OF PARCEL MAP NO. 26356, IN THE CITY OF ROLLING HILLS,
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP FILED
IN BOOK 332, PAGES 30 THROUGH 40, INCLUSIVE, OF PARCEL MAPS, IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
APN: 7570-024-016
PARCEL 4 OF PARCEL MAP NO. 26356, IN THE CITY OF ROLLING HILLS,
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP FILED
IN BOOK 332, PAGES 30 THROUGH 40, INCLUSIVE, OF PARCEL MAPS, IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
APN: 7570-024-017
182
Agenda Item No.: 6.C
Mtg. Date: 01/13/2020
TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM:MEREDITH ELGUIRA, PLANNING DIRECTOR
THRU:ELAINE JENG P.E., CITY MANAGER
SUBJECT:
CONSIDERATION TO RECEIVE AND FILE RESOLUTION NO. 2019-18 FROM THE PLANNING
COMMISSION GRANTING APPROVAL TO CONSTRUCT A 1,789 SQUARE FOOT HOUSE
ADDITION AND 324 SQUARE FOOT GARAGE ADDITION, AND TO ATTACH AN EXISTING 978
SQUARE FOOT GUEST HOUSE TO THE RESIDENCE FOR A TOTAL OF 7,519 SQUARE FOOT
RESIDENCE AND 1,030 SQUARE FOOT GARAGE AND GRADING OF 50 CUBIC YARDS OF DIRT;
AND A CONDITIONAL USE PERMIT (CUP) TO CONSTRUCT A 799 SQUARE FOOT GUEST
HOUSE AT A PROPERTY LOCATED AT 13 EASTFIELD DRIVE (LOT 53-EF) ROLLING HILLS,
CA, (BIRKETT).
DATE:January 13, 2020
BACKGROUND:
The Planning Commission at their December 9, 2019 meeting adopted Resolution No. 2019-18 granting a Site Plan approval for a substantial
addition to a residence for a total of 7,516 square foot home with 1,030 square foot garage, with 50 cubic yards of grading and a Conditional
Use Permit to construct a new 799 square foot guest house at 13 Eastfield Drive. The project also includes associated major remodel and
demolition of portions of the existing residence to accommodate the proposed additions on an existing building pad, construction of a
barbeque and an arbor, and widening of the turn-around driveway area, as required by the Fire Department.
The Planning Commission also approved a Conditional Use Permit for a new 799 square foot guest house.
LOCATION AND LOT DESCRIPTION
Zoning and Land Size
The property is zoned RAS-1 and excluding roadway easement the lot is 3.21 acres in size. For development purposes the net lot area is 2.89
acres, (125,971 sq.ft.). The lot is long and narrow, having a narrow frontage along Eastfield Drive. In addition to the residence, the lot is
developed with previously approved stable, corral, tennis court and detached garage located in the front yard area, a swimming pool, and a
guest house in the rear. The existing guest house will be attached to the main house. Lower Willow Springs Trail crosses the lot in the rear.
DISCUSSION:
MUNICIPAL CODE COMPLIANCE
Lot Coverage
The proposed structural coverage on the 125,971 square foot net lot will be 18,987 sq.ft. or 15.1% in conformance with the lot coverage
limitations, (20% max. permitted); the proposed total coverage, (structures and flatworks) will be 32,120 sq.ft. or 25.5% in conformance with
the lot coverage limitations, (35% max. permitted). The residential building pad exists and is 61,679 square feet; it will have coverage of
29.5% (maximum allowed 30%).
Height
The height of the structures will vary. The main residence is proposed to be between 18’-2” high at the maximum to about 14’-3” high at the
garage. Several chimneys are proposed and the existing cupola on the guest house will remain. The highest point of the cupola is 19’-6” and
the chimneys will be 19’-2”. The guest house is proposed to be 15’-5” high, plus a chimney at a maximum height of 183
16’-9”; the arbor will be 9’-3” high.
Walls
No walls are proposed. An existing wall in the rear of the garage will remain and connect to a new service yard.
Grading and disturbance
Grading is proposed at 50 cubic yards behind the area of the proposed addition. The lot was previously disturbed and all the additions and
improvements will take place on the
existing building pad. The disturbance of the lot is 56.8%, which is legal nonconforming, and no variance is required.
Drainage
The lot currently drains to the rear. No new drainage scheme is proposed for this project, as the elevations will stay the same, and the water
will drain down the slope as is currently. The Building Department will review the project for drainage.
Landscaping
A preliminary landscaping plan has been submitted with this application. This project is subject to meeting the requirement of the Water
Efficient Landscape ordinance, which require the use of low water usage plans and a prescribed water budget. Following construction, the
planting and irrigation will be inspected by a City hired arborist and the applicant will be required to submit a Certificate of Compliance.
Guest house
Section 17.16.210 (5) of the RH Zoning Ordinance allows guest homes with a Conditional Use Permit with restrictions. The proposed guest
house meets City’s requirements.
Utility Lines / Septic Tank
All utility lines for the development are already placed underground. The Los Angeles County Public Health department will review the
septic system. There are two systems on the property and the applicant intends to keep both.
Stable/corral
There is an existing 495 square foot stable 550 square foot corral on the property accessible from the driveway.
Planning Commission Responsibilities
When reviewing a development application, the Planning Commission consider whether the proposed project meets the criteria for a Site
Plan Review and Conditional Use Permit, per City’s requirements.
Environmental Review
The project has been determined to be categorically exempt pursuant to the California Environmental Quality Act (CEQA) under Class 3,
Section 15303.
PUBLIC PARTICIPATION
Notices of the hearing were mailed to residents within 1,000 foot radius of the site and published in the newspaper. There were no comments
or inquiries on this project from neighbors.
RECOMMENDATION
It is recommended that the City Council receive and file this report.
NEIGHBORING PROPERTIES
Address
Lot Size In Acres-
Excl. Roadway
Easement
Size In Sq.Ft. House;
11 Eastfield 2.11 3,166
9 Eastfield 3.49 5,040
17 Eastfield 1.27 5,255
6 Eastfield 1.05 8,214
8 Eastfield 1.06 4,187 184
8 Eastfield 1.06 4,187
10 Eastfield.1.18 2,906
15 Eastfield 1.56 3,257
Proposed:
13 Eastfield
3.21
7,519
Project Summary
REVIEW EXISTING PROPOSED
RA-S- 1 ZONE SETBACKS
Front: 50 ft. from front easement line
Side: 20 ft. from property line
Rear: 50 ft. from rear easement line
SINGLE FAMILY RESIDENCE,
GARAGE, POOL, GUEST
HOUSE
MAJOR ADDITION & GUEST
HOUSE
Construction of a new residence/garage
requires a SPR;
Guest house requires a CUP;
Residence 4,752 sq.ft.Residence 7519 sq.ft.
Garage
Pool/spa
Pool eqpm.
Guest house
Stable
Porches
Service yard
Tennis Court
Entry
706 sq.ft.
964 sq.ft.
109 sq.ft.
978 sq.ft.
495 sq.ft.
553 sq.ft.
265 sq.ft.
7200sq.ft.
291 sq.ft.
Garage
Pool/spa
Pool eqpm.
Guest house
Stable
Entry
Attach. Trellis
Outdoor
kitchen
Service yard
Tennis Court
1030 sq.ft.
964 sq.ft.
109 sq.ft
799 sq.ft.
495 sq.ft.
213 sq.ft.
349 sq.ft.
34 sq.ft.
113 sq.ft.
7200 sq.ft.
Arbor 162 sq.ft.
TOTAL 16,313 TOTAL 18,987 sq.ft.
STRUCTURAL LOT COVERAGE
(20% maximum)
13%
18,987 sq.ft. 15.1 or %
of 125,971 sq.ft. net lot area
TOTAL LOT COVERAGE
(35% maximum)
25.5%32,120 sq.ft. 25.5% of 125,971 sq.ft.
net lot area
BUILDING PADS (30% guideline)
25.6%61,679 sq.ft. coverage - 29.5%
(w/deductions)
GRADING
Site Plan Review required if excavation
and/or fill or combination thereof that is
more than 3’ and covers more than 2,000
sq.ft.) must be balanced on site.
N/A 50 c.y. to be balanced on site
DISTURBED AREA
(40% maximum; any graded building pad
area, any remedial grading (temporary
disturbance), any graded slopes and
building pad areas, and any nongraded
area where impervious surfaces exist.)
71,527 sq.ft. or 56.8% of the net lot
Legal-non-conforming
71,527 sq.ft. or 56.8% of the net lot
Legal-non-conforming
STABLE (min. 450 SQ.FT.495 sq.ft. stable 495 sq.ft. stable 185
& 550 SQ.FT. CORRAL)550 sq.ft. corral 550 sq.ft. corral
STABLE ACCESS From drwy From drwy
ROADWAY ACCESS-Existing Proposed widened driveway approach
VIEWS Planning Commission review
PLANTS AND ANIMALS Planning Commission review
RECOMMENDATION:
It is recommended that the City Council receive and file this report.
ATTACHMENTS:
Reso2019-18_13Eastfield_ZC960.docx
186
RESOLUTION NO. 2019-18
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING APPROVAL FOR A SITE PLAN REVIEW
FOR THE CONSTRUCTION OF A 1,789 SQUARE FOOT HOUSE
ADDITION AND 324 SQUARE FOOT GARAGE ADDITION, AND TO
ATTACH AN EXISTING 978 SQUARE FOOT GUEST HOUSE TO THE
RESIDENCE FOR A TOTAL OF 7,519 SQUARE FOOT RESIDENCE AND
1,030 SQUARE FOOT GARAGE AND GRADING OF 50 CUBIC YARDS OF
DIRT; AND A CONDITIONAL USE PERMIT TO CONSTRUCT A 799
SQUARE FOOT GUEST HOUSE IN ZONING CASE NO. 960 AT 13
EASTFIELD DRIVE (BIRKETT).
THE PLANNING COMMISSION DOES HEREBY FIND, RESOLVE, AND ORDER AS
FOLLOWS:
Section 1.An application was duly filed by Mr. Steven Birkett (Applicant) for
Site Plan Review to construct a 1,789 square foot house addition, 324 square foot garage
addition, and to attach an existing 978 square foot guest house to the residence for a total
of 7,519 square foot residence and 1,030 square foot garage and grading of 50 cubic yards
of dirt; and a Conditional Use permit (CUP) to construct a 799 square foot guest house.
The project includes associated major remodel and demolition of portions of the existing
residence on an existing building pad.
Section 2.The Planning Commission conducted duly noticed public hearings
to consider the application at their regular meetings on October 15, 2019, and November
19, 2019 and at a field trip on November 19, 2019. The Planning Commission at the
November 19, 2019 regular meeting directed staff to prepare a Resolution approving the
project. Neighbors within a 1,000-foot radius were notified of the public hearings and
notices were published in the Peninsula News on October 3, 2019. The Applicant and his
agent were notified of the public hearings in writing by first class mail and the Applicant
and hisagent were in attendance at the hearings. Evidence was heard and presented from
all persons interested in affecting said proposal and from members of the City staff. The
Planning Commission reviewed, analyzed, and studied said proposal.
Section 3.The property is zoned RAS-1, and the lot is 3.21 acres in size. For
development purposes, the net lot area is 2.89 acres (125,971 sq. ft.). The lot is long and
narrow, having a narrow frontage along Eastfield Drive. In addition to the residence and
swimming pool, the lot is developed with previously approved stable, corral, tennis court
and detached garage located in the front yard area, and a guest house in the rear.
Section 4.The Planning Commission finds that the development project is
exempt from the California Environmental Quality Act, (CEQA) pursuant to Section
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Resolution No.2019-18
15303 (new construction of single family residence and accessory structures) of the CEQA
guidelines.
Section 5.Site Plan Review is required to construct a 1,789 square foot house
addition, 324 square foot garage addition, and to attach an existing 978 square foot guest
house to the residence for a total of 7,519 square foot residence and 1,030 square foot
garage and grading of 50 cubic yards of dirt pursuant to Rolling Hills Municipal Code
(RHMC) Section 17.46.020. With respect to the Site Plan Review, the Planning
Commission makes the following findings of fact:
A. The project complies with and is consistent with the goals and policies of
the General Plan and all requirements of the Zoning Ordinance. The proposed project
complies with the General Plan requirement of low profile, low-density residential
development with sufficient open space between surrounding structures and maintains
sufficient setbacks to provide buffers between residential uses.
B.The project substantially preserves the existing terrain of the lot by
minimizing grading to 50 cubic yards and building primarily on existing building pad.
C.The project is harmonious in scale and mass with the site, the natural terrain
and surrounding residences. The proposed development, as conditioned, is consistent
with the scale of the neighborhood. The proposed project is screened from the road so as
to reduce the visual impact of the development. The development will be set back from
the road so that views from the road will not be blocked. Significant portions of the lot
will be left undeveloped.
D.Grading has been designed to follow natural contours of the site and to
minimize the amount of grading required to build the proposed guest house. The
resulting slope will be a 2:1 gradient adjacent to the proposed addition. There is no
grading in the canyon and all drainage courses remain the same.
E.The project will not affect any drainage course as the drainage will mimic
the existing drainage course.
F.The project preserves surrounding native vegetation and mature trees. A
large portion of the lot will remain undisturbed and the existing vegetation will remain.
G.The project is sensitive and not detrimental to the convenient and safe
movement of pedestrians and vehicles. An enlargement to the fire turnaround area is
required to meet the Fire Department’s access requirements.
H.The project conforms to the requirements of the California Environmental
Quality Act. The development project is exempt from CEQA pursuant to Section 15303
(new construction of single family residence and accessory structures) of the CEQA
guidelines.188
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Resolution No.2019-18
Section 6.Conditionally permitted uses are not outright permitted by the
RHMC. The Planning Commission must consider applications for a Conditional Use
Permit and may, with such conditions as are deemed necessary, approve a conditional
use which will not jeopardize, adversely affect, endanger or to otherwise constitute a
menace to the public health, safety, or general welfare or be materially detrimental to the
property of other persons located in the vicinity of such use. A Conditional Use Permit is
required for construction of a 799 square foot guest house pursuant to RHMC Section
17.16.040. Section 17.16.210 (A)(5) of the RHMC contains conditions for a guest house
subject to approval of a conditional use permit. With respect to this request for a
Conditional Use Permit, the Planning Commission finds as follows:
A. The proposed conditional use is consistent with the General Plan. The guest
house is consistent with the General Plan because it is consistent with similar uses in the
community, meets all the applicable code development standards for such use, and is
located in an area on the property that is adequately sized to accommodate such use. The
guest house is appropriately located in that it will be sufficiently be separated from
nearby structures. The guest house is a common amenity in the City. The guest house
complies with the General Plan requirement of low profile, low-density residential
development with sufficient open space between surrounding structures and maintains
sufficient setbacks to provide buffers between residential uses.
B. The nature, condition, and development of adjacent uses, buildings, and
structures have been considered, and the use will not adversely affect or be materially
detrimental to these adjacent uses, buildings, or structures. The guest house is located of
sufficient distance from nearby residences so as to not impact the view or privacy of
surrounding neighbors. The height of the guest house will not be obtrusive or block views
and is located sufficient distance from the road so as to not be visible from adjacent
residences. As part of the approval, a condition is imposed that the guest house will not
be rented.
C. The site for the proposed conditional use is of adequate size and shape to
accommodate the use and building proposed. The lot is 2.89 acres net in size and is
sufficiently large to accommodate the proposed use. The guest house blends in with the
house and will not give the property an over-built look. Sufficient areas of the lot will
remain open and unobstructed and sufficient distance has been put between the house
and the guest house to leave open spaces in between.
D. The proposed conditional use complies with all applicable development
standards of the zone district (RAS-1). The guest house complies with all conditions for
guest houses pursuant to Section 17.16.210(A)(5) of RHMC. No walls or any variances are
requested for the guest house use. The height of the guest house will not be obtrusive or
block views. It is located a sufficient distance from the road so as to not be visible from
adjacent residences.
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Resolution No.2019-18
E. The proposed conditional use is consistent with the portions of the Los
Angeles County Hazardous Waste Management Plan relating to siting criteria for
hazardous waste facilities because the project site is not listed on the current State of
California Hazardous Waste and Substances Sites List.
F.The proposed conditional use observes the spirit and intent of this title. A
guest houseisa common amenity in the City.The construction meets all the development
standards including the allowable size of 799 square feet. The proposed guest house is
located a sufficient distance from nearby residences so as to not impact the view or
privacy of surrounding neighbors.
Section 7.Based upon the foregoing findings, the Planning Commission
hereby approves Zoning Case No. 960 a request for a Site Plan Review for the
construction of a 1,789 square foot house addition, attach an existing 978 square foot guest
house to the residence for a total of 7,519 square foot residence and 1,030 square foot
garage and grading of 50 cubic yards of dirt; and a Conditional Use Permit to construct
799 square foot guest house subject to the following conditions:
A. The Site Plan and Conditional Use Permit approval shall expire within two
(2) years from the effective date of approval if construction pursuant to this approval has
not commenced within that time period, as required by Sections 17.46.080, 17.42.070 and
17.38.070 of the RHMC, or the approval granted is otherwise extended pursuant to the
requirements of those sections.
B. If any condition of this resolution is violated, the entitlement granted by
this resolution shall be suspended and the privileges granted hereunder shall lapse and
upon receipt of written notice from the City, all construction work being performed on
the subject property shall immediately cease, other than work determined by the City
Manager or his/her designee required to cure the violation. The suspension and stop
work order will be lifted once the Applicant cures the violation to the satisfaction of the
City Manager or his/her designee. In the event that the Applicant disputes the City
Manager or his/her designee’s determination that a violation exists or disputes how the
violation must be cured, the Applicant may request a hearing before the City Council.
The hearing shall be scheduled at the next regular meeting of the City Council for which
the agenda has not yet been posted; the Applicant shall be provided written notice of the
hearing. The stop work order shall remain in effect during the pendency of the hearing.
The City Council shall make a determination as to whether a violation of this Resolution
has occurred. If the Council determines that a violation has not occurred or has been
cured by the time of the hearing, the Council will lift the suspension and the stop work
order. If the Council determines that a violation has occurred and has not yet been cured,
the Council shall provide the Applicant with a deadline to cure the violation; no
construction work shall be performed on the property until and unless the violation is
cured by the deadline, other than work designated by the Council to accomplish the
cure. If the violation is not cured by the deadline, the Council may either extend the 190
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deadline at the Applicant’s request or schedule a hearing for the revocation of the
entitlements granted by this Resolution pursuant to Chapter 17.58 of the RHMC.
C. All requirements of the Building and Construction Ordinance, the Zoning
Ordinance, and of the zone in which the subject property is located must be complied
with unless otherwise set forth in the Permit, or shown otherwise on an approved plan.
D.Prior to submittal of final working drawings to Building and Safety
Department for issuance of building permits, the plans for the project shall be submitted
to City staff for verification that the final plans are in compliance with the plans approved
by the Planning Commission.
E. The lot shall be developed and maintained in substantial conformance with
the site plan on file dated October 9, 2019 except as otherwise provided in these
conditions. All conditions of the Site Plan Review and Conditional Use Permit approvals
shall be incorporated into the building permit working drawings, and where applicable
complied with prior to issuance of a grading or building permit from the building
department.
The conditions of approval of this Resolution shall be printed onto building plans
submitted to the Building Department for review and shall be kept on site at all times.
Any modifications and/or changes to the approved project, including resulting
from field conditions, shall be discussed and approved by staff prior to implementing the
changes.
F.A licensed professional preparing construction plans for this project for
Building Department review shall execute a Certificate affirming that the plans conform
in all respects to this Resolution approving this project and all of the conditions set forth
therein and the City’s Building Code and Zoning Ordinance.
Further, the person obtaining a building and/or grading permit for this project
shall execute a Certificate of Construction stating that the project will be constructed
according to this Resolution and any plans approved therewith.
G.The structural net lot coverage shall not exceed 18,987 sq.ft. or 15.1% in
conformance with the lot coverage limitations; the proposed total coverage, (structures
and flatworks) shall not exceed 32,120 sq.ft. or 25.5%.
The proposed residentil building pad will be 61,679 sq.ft. with 29.5% structural
coverage-accounting for allowable deductions, and includes the guest house.
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H. The disturbed area of the lot shall not exceed 56.8% which is currently legal
non-conforming. Grading for this project shall not exceed 50 cubic yards to be balanced
on site.
I.A driveway and a turn-around shall be provided per the Fire Department
requirements.
J.A minimum of five-foot path and/or walkway, which does not have to be
paved, shall be provided around the entire perimeter of all of the proposed structures, or
as otherwise required by the Fire Department.
K.The highest ridgeline of the residence shall not exceed 18’-2” from the
finished grade to the finished surface of the roof, highest point of the cupola at 19’-6”and
chimney at 19’-2”. The guest house may not exceed the height of 15’-5” and the chimney
16’-9” and the arbor 9’-3”.
L.The applicant shall comply with all requirements of the Lighting Ordinance
of the City of Rolling Hills (RHMC 17.16.190) pertaining to lighting on said property and
roofing material requirements of properties and all other ordinances and laws of the City
of Rolling Hills.
M.The guest house shall not exceed 799 square feet as measured from the
outside wall. All provisions of Section 17.16.210(A)(5) of the zoning ordinance, shall be
complied with; including, and not be limited to: only one sanitary facility consisting of a
shower, sink, and a toilet and a kitchenette is permitted in the guest house; there shall be
no parking area within 50-feet of the guest house and no renting of the guest house is
permitted. A guest house floor plan shall be submitted to the Planning Department priort
to obtaining a building permit.
N.A grading and drainage plan, as required by the Building Department shall
be prepared and approved by City Staff prior to issuance of a grading permit. Such plan
shall be subject to LA County Code requirements. Hydrology, soils, geology and other
reports, as required by the Building and Public Works Departments, and as may be
required by the Building Official, shall be prepared.
O.All graded slopes shall be landscaped. Prior to issuance of building permit,
a detailed landscaping plan shall be submitted to the City in conformance with Fire
Department Fuel Modification requirements and shall be subject to the requirements of
the City’s Water Efficient Landscape Ordinance, (Chapter 13.18 of the RHMC) and View
Preservation (Chapter 17.26 of the RHMC).
The landscaping plan shall include vegetation and trees, that when planted, to the
maximum extent feasible, screen the development from the adjacent properties;
minimum of 24 inch plant boxes and 15 gallon plants shall be utilized for screening. The 192
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Resolution No.2019-18
detailed landscaping plan must provide that any trees and shrubs used in the
landscaping scheme for this project shall be planted in a way that screens the
development from adjacent street and neighbors, but as plants grow, they would not
grow into a hedge or impede any neighbors views. The landscaping plan shall utilize to
the maximum extent feasible, plants that are native to the area, are water-wise and are
consistent with the rural character of the community. The project shall be continually
maintained in substantial conformance with the landscaping plan.
P.All utility lines to all structures on the lot shall be placed underground,
subject to all applicable standards and requirements.
Q.Hydrology, soils, geology and other reports, as required by the Building
and Public Works Departments, and as may be required by the Building Official, shall be
prepared.
R. A construction fence may be allowed or may be required by the City or the
Building Department staff for the duration of the construction of the project. City staff
shall approve the location and height of the fence. The construction fence shall not be
placed more than 15 calendar days prior to commencement of the construction and shall
be removed within 15 calendar days of substantial completion of the project as
determined by City staff or at any given time at the discretion of City staff.
S.Placement of one construction and one office trailer may be permitted for
the duration of on-site construction activities during an active building permit; each shall
be no larger than 8’ x 40’ in size, and must be authorized by City staff with such
authorization being revoked at any point deemed reasonable by City staff. Such trailers,
to maximum extent practicable shall be located in a manner not visible from the street.
Unless otherwise approved by staff,with proof of a good cause, such trailers shall not
be located in any setback or front yard, may be placed on the site no more than 15 calendar
days prior to commencement of construction and must be removed within 15 calendar
days of expiration of a building permit, revocation, or finalization of the project.
T. Minimum of 65% of any construction materials must be recycled or
diverted from landfills. The hauler of the materials shall obtain City’s Construction and
Demolition permits for waste hauling prior to start of work and provide proper
documentation to the City upon completion of the project.
U.During construction, conformance with the Air Quality Management
District requirements, stormwater pollution prevention practices, county and local
ordinances and engineering practices so that people or property are not exposed to undue
vehicle trips, noise, dust, and objectionable odors shall be required.
V.During construction, to the extent feasible, all parking shall take place on
the project site, but if necessary, any overflow parking may take place within the 193
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Resolution No.2019-18
unimproved roadway easements along adjacent streets, and shall not obstruct
neighboring driveways, visibility at intersections or pedestrian and equestrian passage.
During construction, to the maximum extent feasible, employees of the contractor shall
car-pool into the City. To the extent feasible, a minimum of 4’ wide path, from the edge
of the roadway pavement, for pedestrian and equestrian passage shall be available and
be clear of vehicles, construction materials and equipment at all times. A flagmen shall
be used to direct traffic when necessary, including during delivery of large construction
equipment or materials.
W.During construction, the property owners shall be required to schedule and
regulate construction and related traffic noise throughout the day between the hours of
7 AM and 6 PM, Monday through Saturday only, when construction and mechanical
equipment noise is permitted, so as not to interfere with the quiet residential environment
of the City of Rolling Hills. Construction work is prohibited during federal holidays.
X.The contractor shall not use tools that could produce a spark, including for
clearing and grubbing, during red flag warning conditions. Weather conditions can be
found at:
http://www.wrh.noaa.gov/lox/main.php?suite=safety&page=hazard_definitions#FIR
E. It is the sole responsibility of the property owner and/or his/her contractor to monitor
the red flag warning conditions. Should a red flag warning be declared and if work is to
be conducted on the property, the contractor shall have readily available fire
distinguisher.
Y.The property owners shall be required to conform with the Regional Water
Quality Control Board and County Public Works Department Best Management Practices
(BMP’s) requirements related to solid waste, drainage, cisterns, and storm water drainage
facilities management and to the City’s Low Impact development Ordinance (LID).
Further the property owners shall be required to conform to the County Health
Department requirements for a septic system.
Z.Prior to finaling of the project an “as graded” and “as constructed” plans
and certifications, including certifications of ridgelines of the structures, shall be
provided to the Planning Department and the Building Department to ascertain that the
completed project is in compliance with the approved plans. In addition, any
modifications made to the project during construction, shall be depicted on the “as
built/as graded” plan.
AA.The Applicant shall execute an Affidavit of Acceptance of all conditions of
this permit pursuant to Zoning Ordinance, or the approval shall not be effective. The
affidavit shall be recorded together with the resolution.
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Resolution No.2019-18
PASSED, APPROVED AND ADOPTED THIS 9th DAY OF DECEMBER, 2019.
_______________________________
BRAD CHELF, CHAIRMAN
ATTEST:
__________________________
CITY CLERK
Any action challenging the final decision of the City made as a result of the public hearing
on this application must be filed within the time limits set forth in Section 17.54.070 of the
Rolling Hills Municipal Code and Code of Civil Procedure Section 1094.6.
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Resolution No.2019-18
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS )
I certify that the foregoing Resolution No. 2019-18 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING APPROVAL FOR A SITE PLAN REVIEW
FOR THE CONSTRUCTION OF A 1,789 SQUARE FOOT HOUSE
ADDITION AND 324 SQUARE FOOT GARAGE ADDITION, AND TO
ATTACH AN EXISTING 978 SQUARE FOOT GUEST HOUSE TO THE
RESIDENCE FOR A TOTAL OF 7,519 SQUARE FOOT RESIDENCE AND
1,030 SQUARE FOOT GARAGE AND GRADING OF 50 CUBIC YARDS OF
DIRT; AND A CONDITIONAL USE PERMIT (CUP) TO CONSTRUCT A
799 SQUARE FOOT GUEST HOUSE IN ZONING CASE NO. 960 AT 13
EASTFIELD DRIVE (BIRKETT).
was approved and adopted at a regular meeting of the Planning Commission on
December 9, 2019 by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
and in compliance with the laws of California was posted at the following:
Administrative Offices
________________________________
CITY CLERK
196
Agenda Item No.: 8.A
Mtg. Date: 01/13/2020
TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM:ELAINE JENG,
THRU:ELAINE JENG P.E., CITY MANAGER
SUBJECT:
CONSIDERATION AND APPROVAL TO AWARD A CONSTRUCTION CONTRACT TO PCI FOR
THE FY 2019-2020 TRAFFIC SIGNING, STRIPING, AND PAVEMENT MARKING PROJECT FOR
AN AMOUNT OF $40,479.50 FOR WORK INCLUDED IN SCHEDULE A.
DATE:January 13, 2020
BACKGROUND:
Roads in Rolling Hills are under the control of the Rolling Hills Community Association (RHCA). RHCA selects streets within the City to
be rehabilitated on a regular basis. Typically, RHCA informs staff of the project locations planned for resurfacing and City staff prepare a
project specification identifying the linear footage of striping, square footage of pavement markings and their locations, solicits construction
bids and manages the implementation of signing, striping and pavement markings.
In March 2019, RHCA repaved four streets: Williamsburg Lane, Lower Blackwater Canyon Road, Middleridge Lane North and Middleridge
Lane South. In anticipation of the pavement work, the City conducted an inventory of the signage and striping for the four streets. The
inventory was taken to the City Council for approval. In January 2019, the City Council directed staff to remove the replacement of signs as a
part of the project and instructed staff to advertise for construction bids to implement the striping. In February and March 2019, City Hall
experienced loss of staff and the striping of the four streets was delayed.
In July 2019, the City hired a Project Manager Alan Palermo Consulting (APC) to assist with capital improvement projects including the
Fiscal Year 2019-2020 Signing and Striping Project. In September 2019, the RHCA requested changes to the Bulky Item Pick up date
scheduled in October 2019 as Crest Road East was contemplated to be rehabilitated. In and around this timeframe, the RHCA also requested
to re-stripe existing horse crossings as well as place new striping and signage at other locations inventoried by the RHCA staff.
Also in September 2019, a resident requested an evaluation of the intersection Williamsburg Lane and Lower Blackwater Canyon Road.
Assembling the scopes of work outlined above, the Fiscal Year 2019-2020 Signing and Striping Project includes the proposed signing and
striping of horse crossings, the signing and striping of the four streets (Middleridge Lane North, Middleridge Lane South, Williamsburg Lane
and Lower Blackwater Canyon Road), the signing and striping of Crest Road East, and the signage and striping of the proposed all-way stop
control at Williamsburg Lane and Lower Blackwater Canyon Road. The project was reviewed by the Traffic Commission on October 3, 2019
and was recommended for approval and advertisement for construction bid.
At the October 14, 2019 City Council Meeting staff received approval of the scope of work for the FY 2019-2020 traffic signing, striping,
and pavement marking project and authorization to advertise for construction bids.
Between October and December 2019, APC prepared the project specifications and organized the work using Schedule A and Schedule B.
Schedule A includes the signing and striping of the repaved streets (Middleridge Lane North, Middleridge Lane South, Williamsburg Lane,
Lower Blackwater Canyon Road and Crest Road East). Schedule B includes the horse crossings and modifying the intersection of
Williamsburg Lane and Lower Black Water Canyon Road from a two-way stop to a four-way stop intersection. The bid was organized as
outlined to provide the City flexibility in selecting the scope of work based on pricing. City Council can elect to move forward with
Schedule A, or Schedule A and B, or reject all bids. Additionally, the bid also requested the lowest responsive and responsible bidder to
serve the City in the next 12 months with the unit prices listed in the bid.
DISCUSSION:
On December 5, 2019, the City published the Request for Bid in a local newspaper as mandated by the State Public Contract Code. On
December 19, 2019, the City received two (2) sealed bids. The order ranked the lowest responsive bid for work included in Schedule A and
for work included in Schedules A & B are as follows:
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for work included in Schedules A & B are as follows:
Schedule A:
1. PCI $40,479.50
2. Sterndahl Enterprises Inc. $70,724.00
Schedules A & B:
1. PCI $73,684.50
2. Sterndahl Enterprises Inc. $141,024.00
Staff validated all bids received and determined that PCI is the lowest responsive and responsible bidder. If the City Council elects to move
forward with Schedule A, PCI is the lowest responsive and responsible bidder. If the City Council elects to move forward with Schedule B,
PCI is the lowest responsive and responsible bidder.
A comparison of PCI’s unit prices with the Engineer ’s Estimate showed on the average, PCI’s bid is approximately 2.7 times more than the
Engineer ’s Estimate. Bids are reflective of current market conditions. Comparison of the bids received, the highest bid for Schedule A is
approximately 75% more than the lowest bid. The highest bid for Schedule A and B is approximately 91% more than the lowest bid.
In the past four months, City staff received inquiries from residents on the timing of the striping project. Community members also
expressed urgency at a recent neighborhood meeting regarding the need to bridge the gap between pavement rehabilitation work and the
timing in which striping and signage follow. In conventional cities where the agency has right-of-ways, roadway rehabilitation work are
always performed with a general contractor that has a signage/striping sub-contractor on the team. In this arrangement, the gap between the
completion of the asphalt work and the signage and striping is typically one to two weeks. In the case of the four streets paved by RHCA in
March 2019, there will be a gap of 10 months assuming signing/striping takes place in January 2020. In the case of Crest Road East paved
by RHCA in October 2019, there will be a gap of three months again assuming signing and striping take place in January 2020.
In response to the community’s expressed concern for safety, it is staff ’s recommendation that the City Council move to award the
construction contract to PCI for work included in Schedule A for an amount of $40,479.50. Staff was directed by the City Council to solicit
pricing from the Los Angeles County Public Works Department for cost estimates for Schedule A and Schedule B. Staff requested quotes for
both Schedules, however, LA County is unable to provide a quote on projects with no plans and details and therefore is unable to provide a
quote for Schedule A unless the City pays the County to prepare plans. Preparing plans could take up to between six to 10 months to
complete because the request will be put in a queue. Schedule B has more information provided and thus, the County will be able to provide
the City with a cost estimate for the proposed scope of work. The City expects to receive the quote by the January 13, 2020 Council Meeting.
FISCAL IMPACT
In Fiscal Year 2019-2020, $40,000 is budgeted in the Traffic Safety Fund for road striping and signage. The shortfall of $479.50 will be
funded using allocated budget for the tennis court improvement project.
NOTIFICATION
The Rolling Hills Community Association (RHCA), President of Caballeros, and residents along streets receiving new striping and pavement
markings will be notified in advance of the construction activity.
RECOMMENDATION:
Staff recommends that the City Council move to award the construction contract to PCI for work included in Schedule A of the Request for
Bid for an amount of $40,479.50 and allocate an additional $4,048 for 10% contingency for a total of $44,527.50. Staff also recommends
that the City Council direct staff to solicit pricing from the Los Angeles County Public Works Department to perform the work outlined in
Schedule B.
ATTACHMENTS:
Item7A_Attach01_12-19-19__PCI Bid_2019-12-23.pdf
Item7A_Attach02_12-19-19__Sterndahl Bid_2019-12-23.pdf
Item7A_Attach03_Construction Agreement for PCI_2019-12-23.doc
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CONTRACT AGREEMENT
FOR FY 2019-2020
REPLACEMENT OF TRAFFIC STRIPING,
PAVEMENT MARKINGS, AND TRAFFIC SIGNS; AND
INSTALLATION OF NEW TRAFFIC STRIPING,
PAVEMENT MARKINGS, AND TRAFFIC SIGNS
IN THE CITY OF ROLLING HILLS, CALIFORNIA
THIS CONTRACT AGREEMENT is made and entered into for the above stated project
this _______ day of ________________, 20______, BY AND BETWEEN the City of Rolling
Hills as AGENCY, and PCI, as CONTRACTOR.
WITNESSETH that AGENCY and CONTRACTOR have mutually agreed as follows:
ARTICLE 1
The contract documents for the aforesaid project shall consist of the Notice Inviting Sealed Bids,
Instructions to Bidders, Bid, Standard Specifications, Special Provisions, and all referenced
specifications, details, standard drawings, and appendices; together with three (3) signed copies of
the Contract Agreement, three (3) signed copies of required bonds, one (1) copy of the certificates
(including Endorsement Form CG 20-10-11-85), permits, notices, and affidavits; and also including
any and all addenda or supplemental agreements clarifying, amending, or extending the work
contemplated as may be required to insure its completion in an acceptable manner. All of the
provisions of said contract documents are made a part hereof as though fully set forth herein.
ARTICLE II
For and in consideration of the payments and agreements to be made and performed by AGENCY,
CONTRACTOR agrees to furnish all materials and perform all work required for the above stated
project, and to fulfill all other obligations as set forth in the aforesaid contract documents.
ARTICLE III
CONTRACTOR agrees to receive and accept the prices set forth in the Bid as full compensation for
furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said
compensation shall cover all expenses, losses, damages, and consequences arising out of the nature
of the work during its progress or prior to its acceptance including those for well and faithfully
completing the work and the whole thereof in the manner and time specified in the aforesaid
contract documents; and also including those arising from actions of the elements, unforeseen
difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance
of the work, and all other unknowns or risks for any description connected with the work.
On-Call Service:Unit prices herein will apply for a 12-month period beginning with award of the
bid. The City may call upon Contractor during the 12-month period for striping as needed at the per
unit rates specified in the bid schedule.251
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ARTICLE IV
AGENCY hereby promises and agrees to employ, and does hereby employ, CONTRACTOR to
provide the materials, do the work, and fulfill the obligations according to the terms and conditions
herein contained and referred to, for the prices aforesaid, and hereby contracts to pay the same at the
time, in the manner, and upon the conditions set forth in the contract documents.
PERSONNEL: Contractor shall provide at all times sufficient personnel and flag men with the
skills and experience necessary to perform the various activities for the full performance of this
work. All personnel provided for the performance of this Agreement shall be employees of the
Contractor and Contractor shall assume payment of all wages, taxes and all other employee costs,
unless otherwise provided.
On-site personnel shall wear identifiable company uniforms including shirts, jackets, and caps, as
necessary.
Frequent inspections of the site shall be made by an appropriate Supervisor of the Contractor to
assure adherence to schedules and policies by the crews performing the work. Area Supervisors
shall be available to attend job walks with the City Manager or representative as necessary.
Contractor shall provide and designate one-person as the designated City contact.
ARTICLE V
CONTRACTOR acknowledges that this contract is subject to the provisions of Division 2, Part 7,
Chapter 1 (commencing the Section 1720) of the California Labor Code relating to public works
and public agencies and agrees to be bound by all the provisions thereof as though set forth in full
herein.
CONTRACTOR is aware of the requirements of California Labor Code Section 1720 et seq., and
1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq., (“Prevailing
Wage Laws”), which require the payment of prevailing wage rates and the performance of other
requirements on “public works” and “maintenance” projects. Since the Services are being
performed as part of an applicable “public works” or “maintenance” project, as defined by the
Prevailing Wage Laws, and since the total compensation is $1,000 or more, CONTRACTOR agrees
to fully comply with such Prevailing Wage Laws. AGENCY shall provide CONTRACTOR with a
copy of the prevailing rates of per diem wages in effect at the commencement of this Contract upon
request. CONTRACTOR shall make copies of the prevailing rates of per diem wages for each craft,
classification or type of worker needed to execute the Services available to interested parties upon
request, and shall post copies at CONTRACTOR’s principal place of business and at the project
site. CONTRACTOR shall defend, indemnify and hold the AGENCY, its officials, officers,
employees and agents free and harmless from any claim or liability arising out of any failure or
alleged failure to comply with the Prevailing Wage Laws. CONTRACTOR and any subcontractor
shall forfeit a penalty of up to $200 per calendar day or portion thereof for each worker paid less
than the prevailing wage rates.
When CONTRACTOR employs workmen in an apprenticeable craft or trade, CONTRACTOR shall
comply with the provisions of Section 1777.5 of the California Labor Code with respect to the
employment of properly registered apprentices upon public works. The primary responsibility for 252
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compliance with said section for all apprenticeable occupations shall be with CONTRACTOR. The
CONTRACTOR or any subcontractor that is determined by the Labor Commissioner to have
knowingly violated Section 1777.5 shall forfeit as a civil penalty an amount not exceeding $100 for
each full calendar day of noncompliance, or such greater amount as provided by law.
CONTRACTOR agrees to comply with the provisions of California Labor Code Section 1813
concerning penalties for workers who work excess hours. The CONTRACTOR shall, as a penalty
to the AGENCY, forfeit twenty-five dollars ($25) for each worker employed in the execution of the
contract by the CONTRACTOR or by any subcontractor for each calendar day during which such
worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in
any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of
the California Labor Code.
CONTRACTOR and each subcontractor shall keep an accurate payroll record, showing the name,
address, social security number, work classification, straight time and overtime hours worked each
day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other
employee employed by him or her in connection with the public work. The payroll records shall be
certified and shall be available for inspection at all reasonable hours at the principal office of
CONTRACTOR in the manner provided in Labor Code section 1776. In the event of
noncompliance with the requirements of this section, CONTRACTOR shall have 10 days in which
to comply subsequent to receipt of written notice specifying in what respects such CONTRACTOR
must comply with this section. Should noncompliance still be evident after such 10-day period,
CONTRACTOR shall, as a penalty to AGENCY, forfeit not more than $100.00 for each calendar
day or portion thereof, for each worker, until strict compliance is effectuated. The amount of the
forfeiture is to be determined by the Labor Commissioner. A contractor who is found to have
violated the provisions of law regarding wages on Public Works with the intent to defraud shall be
ineligible to bid on Public Works contracts for a period of one to three years as determined by the
Labor Commissioner. Upon the request of the Division of Apprenticeship Standards or the Division
of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due.
The responsibility for compliance with this section is on CONTRACTOR. The requirement to
submit certified payroll records directly to the Labor Commissioner under Labor Code section
1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the
small project exemption specified in Labor Code Section 1771.4.
In accordance with California Labor Code Section 1860 and 3700, every Contractor will be required
to secure the payment of compensation to its employees. In accordance with the provisions of
California Labor Code Section 1861, CONTRACTOR, by signing this contract certifies as follows:
"I am aware of the provisions of Section 3700 of the Labor Code which require every employer to
be insured against liability for worker's compensation or to undertake self-insurance in accordance
with the provisions of that code, and I will comply with such provisions before commencing the
performance of the work of this contract."
Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to
bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered
with the Department of Industrial Relations (DIR). No bid will be accepted nor any contract entered
into without proof of the contractor’s and subcontractors’ current registration with the DIR to
perform public work. Notwithstanding the foregoing, the contractor registration requirements
mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public 253
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works project that is exempt pursuant to the small project exemption specified in Labor Code
Sections 1725.5 and 1771.1.
This Project is subject to compliance monitoring and enforcement by the DIR. It shall be the
CONTRACTOR’s sole responsibility to evaluate and pay the cost of complying with all labor
compliance requirements under this Contract and applicable law. Any stop orders issued by the DIR
against CONTRACTOR or any subcontractor that affect CONTRACTOR’s performance of Work,
including any delay, shall be CONTRACTOR’s sole responsibility. Any delay arising out of or
resulting from such stop orders shall be considered CONTRACTOR caused delay subject to any
applicable liquidated damages and shall not be compensable by the AGENCY. CONTRACTOR
shall defend, indemnify and hold AGENCY, its officials, officers, employees and agents free and
harmless from any claim or liability arising out of stop orders issued by the DIR against
CONTRACTOR or any subcontractor.
Any ineligible contractor or subcontractor pursuant to Labor Code Sections 1777.1 and 1777.7 may
not perform work on this Project.
Contractor represents that it is an equal opportunity employer and that it shall not discriminate
against any employee or applicant for employment because of race, religion, color, national origin,
ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-
discrimination shall include, but not be limited to, all activities related to initial employment,
upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
By executing this Contract, Contractor verifies that it fully complies with all requirements and
restrictions of state and federal law respecting the employment of undocumented aliens, including,
but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time
to time, and shall require all subcontractors and sub-subcontractors to comply with the same.
ARTICLE VI
With respect to performance of work under this contract, CONTRACTOR shall maintain and shall
require all of its subcontractors to maintain insurance as required in the Standard Specifications of
the Project Specifications.
ARTICLE VII
CONTRACTOR'S LIABILITY: The City of Rolling Hills and its officers, agents and employees
("Indemnitees") shall not be answerable or accountable in any manner for any loss or damage that
may happen to the work or any part thereof, or for any of the materials or other things used or
employed in performing the work; or for injury or damage to any person or persons, either workers
or employees of CONTRACTOR, of its subcontractors or the public, or for damage to adjoining or
other property from any cause whatsoever arising out of or in connection with the performance of
the work. CONTRACTOR shall be responsible for any damage or injury to any person or property
resulting from defects or obstructions or from any cause whatsoever.
To the fullest extent permitted by law, CONTRACTOR will indemnify Indemnities against and will
hold and save Indemnitees harmless from any and all actions, claims, damages to persons or
property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, 254
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entity, corporation, political subdivision, or other organization arising out of or in connection with
the work, operation, or activities of CONTRACTOR, its agents, employees, subcontractors or
invitees provided for herein, whether or not there is concurrent passive negligence on the part of
City. In connection therewith:
a.CONTRACTOR will defend any action or actions filed in connection with
any such claims, damages, penalties, obligations or liabilities and will pay all
costs and expenses, including attorneys' fees, expert fees and costs incurred in
connection therewith.
b.CONTRACTOR will promptly pay any judgment rendered against
CONTRACTOR or Indemnitees covering such claims, damages, penalties,
obligations and liabilities arising out of or in connection with such work,
operations or activities of CONTRACTOR hereunder, and CONTRACTOR
agrees to save and hold the Indemnitees harmless therefrom.
c.In the event Indemnitees are made a party to any action or proceeding filed or
prosecuted against CONTRACTOR for damages or other claims arising out
of or in connection with the work, operation or activities hereunder,
CONTRACTOR agrees to pay to Indemnitees and any all costs and expenses
incurred by Indemnitees in such action or proceeding together with
reasonable attorneys' fees.
Contractor's obligations under this section apply regardless of whether or not such claim, charge,
damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty,
or liability was caused in part or contributed to by an Indemnitee. However, without affecting the
rights of City under any provision of this agreement, to the extent required by Civil Code section
2782, Contractor shall not be required to indemnify and hold harmless City for liability attributable
to the active negligence of City, provided such active negligence is determined by agreement
between the parties or by the findings of a court of competent jurisdiction. In instances where City is
shown to have been actively negligent and where City active negligence accounts for only a
percentage of the liability involved, the obligation of Contractor will be for that entire portion or
percentage of liability not attributable to the active negligence of City.
So much of the money due to CONTRACTOR under and by virtue of the contract as shall be
considered necessary by City may be retained by City until disposition has been made of such
actions or claims for damages as aforesaid.
It is expressly understood and agreed that the foregoing provisions are intended to be as broad and
inclusive as is permitted by the law of the State of California. This indemnity provision shall survive
the termination of the Agreement and is in addition to any other rights or remedies which
Indemnitees may have under the law.
This indemnity is effective without reference to the existence or applicability of any insurance
coverage which may have been required under this Agreement or any additional insured
endorsements which may extend to Indemnitees.
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CONTRACTOR, on behalf of itself and all parties claiming under or through it, hereby waives all
rights of subrogation and contribution against the Indemnitees, while acting within the scope of their
duties, from all claims, losses and liabilities arising out of or incident to activities or operations
performed by or on behalf of the CONTRACTOR regardless of any prior, concurrent, or subsequent
passive negligence by the Indemnitees.
ARTICLE VIII
This contract is not assignable nor the performance of either party's duties delegable without the
prior written consent of the other party. Any attempted or purported assignment or delegation of
any of the rights of obligations of either party without the prior written consent of the other shall be
void and of not force and effect.
ARTICLE IX
In any action brought to declare the rights granted herein or to enforce any of the terms of this
contract, the prevailing party shall be entitled to an award of reasonable attorney's fees in an amount
determined by the court.
ARTICLE X
CONTRACT is and shall at all times remain as to the AGENCY, a wholly independent Contractor.
Neither the AGENCY nor any of its agents shall have control of the conduct of CONTRACTOR or
any of the Contractor's employees, except as herein set forth. CONTRACTOR shall not at any time
or in any manner represent that it or any of its agents or employees are in any manner agents or
employees of AGENCY.
ARTICLE XI
The CONTRACTOR is responsible for paying all retail, sales and use, transportation, export,
import, special, or other taxes and duties applicable to, and assessable against any work, materials,
equipment, services, processes and operations incidental to or involved in this contract. The
CONTRACTOR is responsible for ascertaining and arranging to pay them. The prices established
in this contract shall include compensation for any taxes the CONTRACTOR is required to pay by
laws and regulations in effect of the bid opening date.
ARTICLE XII
All notices and communications shall be sent to the parties at the following address:
CITY:City Manager
City of Rolling Hills
2 Portuguese Bend Road
Rolling Hills, CA 90274
ARTICLE XIII
This contract supersedes any and all other agreements either oral or written, between the parties and
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contains all of the covenants and agreements between the parties pertaining to the work of
improvements described herein. Each party to this contract acknowledges that no representations,
inducements, promises, or agreements, orally or otherwise, have been made by any party, or anyone
acting on behalf of any party, which are not embodied herein, and that any other agreement,
statements or promise not contained in this contract shall not be valid or binding. Any modification
of this contract will be effective only if signed by the party to be charged.
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ARTICLE XIV
Insurance coverages shall be provided by CONTRACTOR as follows:
CONTRACTOR shall, at his expense, obtain and keep in force during the term of this Agreement,
all policies specified below.
Self Insured Retention / Deductibles. All policies required by this Agreement shall allow City, as
additional insured, to satisfy the self-insured retention (“SIR”) and/or deductible of the policy in lieu
of the CONTRACTOR (as the named insured) should CONTRACTOR fail to pay the SIR or
deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the
City Attorney and the Finance Director. CONTRACTOR understands and agrees that satisfaction
of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure
by CONTRACTOR as primary insured to pay its SIR or deductible constitutes a material breach of
this Agreement. Should City pay the SIR or deductible on CONTRACTOR’s behalf upon the
CONTRACTOR’s failure or refusal to do so in order to secure defense and indemnification as an
additional insured under the policy, City may include such amounts as damages in any action
against CONTRACTOR for breach of this Agreement in addition to any other damages incurred by
City due to the breach.
Contractor shall maintain and deliver copies of its
Comprehensive General Liability Insurance
Products/Completed Operations Hazard
Comprehensive Automobile Liability Insurance. Such insurance shall include coverage for
owned, hired and non-owned automobiles.
Contractual General Liability
Workers’ Compensation Insurance covering its employees for injuries arising out of and in
the course of their employment
The liability insurance coverage values are hereby established to be:
Insurance Coverage
Requirements
Limit Requirement
Comprehensive General Liability $ 2,000,000
Products/Completed Operations Hazard $ 2,000,000
Comprehensive Automobile Liability $ 2,000,000
Contractual General Liability $ 2,000,000
Worker’s Compensation Insurance $1,000,000
The City, it officers, employees and agents, shall be named as additional insured on all such
policies. Each policy of insurance shall contain a clause prohibiting cancellation, modification or
lapse without (30) days prior written notice having been given to the City. All insurance policies
shall be subject to approval by the City Attorney and certificates evidencing such policies shall be
provided to the City concurrently with the filing of all required bonds. The General Aggregate
Limits must apply “per project”.
A combined single limit policy with aggregate limits in the amount of $3,000,000 will be
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considered equivalent to the required minimum limits. The General Aggregate Limits must apply
“per project”.
In addition, Contractor shall take and assume all responsibility for the work as stated herein and/or
shown on the plans and specifications.
The Contractor shall bear all losses and damages directly or indirectly resulting to him, to the
Agency, its officers, employees, and agents, or to others on account of the performance or character
of the work, unforeseen difficulties, accidents or any other causes whatsoever.
If Contractor, for any reason, fails to maintain insurance coverage, which is required pursuant to this
Agreement, the same shall be deemed a material breach of this Agreement. City, at its sole option,
may forthwith terminate this Agreement and obtain damages from the Contractor resulting from said
breach. Alternatively, City may purchase such required insurance coverage, and without further
notice to Contractor, City may deduct from sums due to Contractor any premium costs advanced by
City for such insurance.
Contractor will defend any action or actions filed in connection with any of said claims, damages,
penalties, obligations or liabilities and will pay all costs and expenses, including attorneys' fees
incurred in connection herewith;
Contractor will promptly pay any judgment rendered against City, its officers, agents or employees
for any such claims, penalties, obligations or liabilities; and,
In the event City, its officers, agents or employees are made a party to any action or proceeding filed
or prosecuted against Contractor for such damages or other claims arising out of or in connection
with the sole negligence or wrongful acts of Contractor hereunder, Contractor agrees to pay City, its
officers, agents, or employees, any and all costs and expenses incurred by City, its officers, agents of
employees in such action or proceeding, including by not limited to, reasonable attorneys' fees.
ARTICLE XV
If the total contract price exceeds $25,000 and if the Work governed by this Contract entails
excavation of any trench or trenches five (5) feet or more in depth, Contractor shall comply with all
applicable provisions of the California Labor Code, including Section 6705. To this end, Contractor
shall submit for Agency’s review and approval a detailed plan showing the design of shoring,
bracing, sloping, or other provisions to be made for worker protection from the hazard of caving
ground during the excavation of such trench or trenches. If such plan varies from the shoring
system standards, the plan shall be prepared by a registered civil or structural engineer.
As required by California Public Contract Code Section 7104, if this Contract involves digging
trenches or other excavations that extend deeper than four (4) feet below the surface, Contractor
shall promptly, and prior to disturbance of any conditions, notify Agency of: (1) any material
discovered in excavation that Contractor believes to be a hazardous waste that is required to be
removed to a Class I, Class II or Class III disposal site; (2) subsurface or latent physical conditions
at the site differing from those indicated by Agency; and (3) unknown physical conditions of an
unusual nature at the site, significantly different from those ordinarily encountered in such contract
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work. Upon notification, Agency shall promptly investigate the conditions to determine whether a
change order is appropriate. In the event of a dispute, Contractor shall not be excused from any
scheduled completion date and shall proceed with all Work to be performed under the Contract, but
shall retain all rights provided by the Contract or by law for making protests and resolving the
dispute.
To the extent required by Section 4215 of the California Government Code, Agency shall
compensate Contractor for the costs of: (1) locating and repairing damage to underground utility
facilities not caused by the failure of Contractor to exercise reasonable care; (2) removing or
relocating underground utility facilities not indicated in the construction drawings; and (3)
equipment necessarily idled during such work. Contractor shall not be assessed liquidated damages
for delay caused by failure of Agency to provide for removal or relocation of such utility facilities.
Contractor warrants all Work under the Contract (which for purposes of this Section shall be
deemed to include unauthorized work which has not been removed and any non-conforming
materials incorporated into the Work) to be of good quality and free from any defective or faulty
material and workmanship. Contractor agrees that for a period of one year (or the period of time
specified elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or
supplier of equipment or materials incorporated into the Work, whichever is later) after the date of
final acceptance, Contractor shall within ten (10) days after being notified in writing by the Agency
of any defect in the Work or non-conformance of the Work to the Contract, commence and
prosecute with due diligence all Work necessary to fulfill the terms of the warranty at its sole cost
and expense. Contractor shall act sooner as requested by the Agency in response to an emergency.
In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the
Work (or work of other contractors) damaged by its defective Work or which becomes damaged in
the course of repairing or replacing defective Work. For any Work so corrected, Contractor’s
obligation hereunder to correct defective Work shall be reinstated for an additional one year period,
commencing with the date of acceptance of such corrected Work. Contractor shall perform such
tests as the Agency may require to verify that any corrective actions, including, without limitation,
redesign, repairs, and replacements comply with the requirements of the Contract. All costs
associated with such corrective actions and testing, including the removal, replacement, and
reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of
Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with
respect to any portion of the Work, whether express or implied, are deemed to be obtained by
Contractor for the benefit of the Agency, regardless of whether or not such warranties and
guarantees have been transferred or assigned to the Agency by separate agreement and Contractor
agrees to enforce such warranties and guarantees, if necessary, on behalf of the Agency. In the event
that Contractor fails to perform its obligations under this Section, or under any other warranty or
guaranty under this Contract, to the reasonable satisfaction of the Agency, the Agency shall have the
right to correct and replace any defective or non-conforming Work and any work damaged by such
work or the replacement or correction thereof at Contractor’s sole expense. Contractor shall be
obligated to fully reimburse the Agency for any expenses incurred hereunder upon demand.
This Contract may be terminated by Agency at any time, either with our without cause, by giving
Contractor three (3) days advance written notice. In the event of termination by Agency for any
reason other than the fault of Contractor, Agency shall pay Contractor for all Work performed up to
that time as provided herein. In the event of breach of the Contract by Contractor, Agency may
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necessary to offset Agency’s resulting damages, and may pursue any other available recourse against
Contractor. Contractor may not terminate this Contract except for cause. In the event this Contract
is terminated in whole or in part as provided, Agency may procure, upon such terms and in such
manner as it may determine appropriate, services similar to those terminated. Further, if this
Contract is terminated as provided, Agency may require Contractor to provide all finished or
unfinished documents, data, diagrams, drawings, materials or other matter prepared or built by
Contractor in connection with its performance of this Contract.
This provision shall be operative if this Contract Agreement is applicable to California Public
Contract Code Section 7103.5. In entering into this Contract Agreement to supply goods, services
or materials, Contractor hereby offers and agrees to assign to the Agency all rights, title, and interest
in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15)
or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of
the Business and Professions Code) arising from purchases of goods, services, or materials pursuant
to the Contract Agreement. This assignment shall be made and become effective at the time the
Agencytender final payment to Contractor, without further acknowledgment by the Parties.
Contractors are required by law to be licensed and regulated by the Contractors’ State License Board
which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent
act or omission is filed within four (4) years of the date of the alleged violation. A complaint
regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years
of the date of the alleged violation. Any questions concerning a contractor may be referred to the
Registrar, Contractors’ State License Board, P.O. Box 26000, Sacramento, California 95826.
ARTICLE XVI
Intent. Effective January 1, 1991, Section 20104 et seq., of the California Public Contract Code
prescribes a process utilizing informal conferences, non-binding judicial supervised mediation, and
judicial arbitration to resolve disputes on construction claims of $375,000 or less. Effective January
1, 2017, Section 9204 of the Public Contract Code prescribes a process for negotiation and
mediation to resolve disputes on construction claims. The intent of this Section is to implement
Sections 20104 et seq. and Section 9204 of the California Public Contract Code. This Section shall
be construed to be consistent with said statutes.
Claims. For purposes of this Section, “Claim” means a separate demand by the Contractor, after a
change order duly requested in accordance with the terms of this Contract has been denied by the
Agency, for (A) a time extension, (B) payment of money or damages arising from Work done by or
on behalf of the Contractor pursuant to the Contract, or (C) an amount the payment of which is
disputed by the Agency. A “Claim” does not include any demand for payment for which the
Contractor has failed to provide notice, request a change order, or otherwise failed to follow any
procedures contained in the Contract Documents. Claims governed by this Section may not be filed
unless and until the Contractor completes all procedures for giving notice of delay or change and for
the requesting of a time extension or change order, including but not necessarily limited to the
change order procedures contained herein, and Contractor’s request for a change has been denied in
whole or in part. Claims governed by this Section must be filed no later than fourteen (14) days
after a request for change has been denied in whole or in part or after any other event giving rise to
the Claim. The Claim shall be submitted in writing to the Agency and shall include on its first page
the following in 16 point capital font: “THIS IS A CLAIM.” Furthermore, the claim shall include 261
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the documents necessary to substantiate the claim. Nothing in this Section is intended to extend the
time limit or supersede notice requirements otherwise provided by contract for the filing of claims,
including all requirements pertaining to compensation or payment for extra Work, disputed Work,
and/or changed conditions. Failure to follow such contractual requirements shall bar any claims or
subsequent lawsuits for compensation or payment thereon.
Supporting Documentation. The Contractor shall submit all claims in the following format:
Summary of claim merit and price, reference Contract Document provisions pursuant to
which the claim is made
List of documents relating to claim:
Specifications
Drawings
Clarifications (Requests for Information)
Schedules
Other
Chronology of events and correspondence
Analysis of claim merit
Analysis of claim cost
Time impact analysis in CPM format
If Contractor’s claim is based in whole or in part on an allegation of errors or omissions in
the Drawings or Specifications for the Project, Contractor shall provide a summary of the
percentage of the claim subject to design errors or omissions and shall obtain a certificate of
merit in support of the claim of design errors and omissions.
Cover letter and certification of validity of the claim, including any claims from
subcontractors of any tier, in accordance with Government Code section 12650 et seq.
Agency’s Response. Upon receipt of a claim pursuant to this Section, Agency shall conduct a
reasonable review of the claim and, within a period not to exceed 45 days, shall provide the
Contractor a written statement identifying what portion of the claim is disputed and what portion is
undisputed. Any payment due on an undisputed portion of the claim will be processed and made
within 60 days after the public entity issues its written statement.
If Agency needs approval from its governing body to provide the Contractor a written
statement identifying the disputed portion and the undisputed portion of the claim, and the
governing body does not meet within the 45 days or within the mutually agreed to extension
of time following receipt of a claim sent by registered mail or certified mail, return receipt
requested, Agency shall have up to three days following the next duly publicly noticed
meeting of the governing body after the 45-day period, or extension, expires to provide the
Contractor a written statement identifying the disputed portion and the undisputed portion.
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Within 30 days of receipt of a claim, Agency may request in writing additional
documentation supporting the claim or relating to defenses or claims Agency may have
against the Contractor. If additional information is thereafter required, it shall be requested
and provided pursuant to this subdivision, upon mutual agreement of Agency and the
Contractor.
Agency’s written response to the claim, as further documented, shall be submitted to the
Contractor within 30 days (if the claim is less than $50,000, within 15 days) after receipt of
the further documentation, or within a period of time no greater than that taken by the
Contractor in producing the additional information or requested documentation, whichever is
greater.
Meet and Confer. If the Contractor disputes Agency’s written response, or Agency fails to respond
within the time prescribed, the Contractor may so notify Agency, in writing, either within 15 days of
receipt of Agency’s response or within 15 days of Agency’s failure to respond within the time
prescribed, respectively, and demand an informal conference to meet and confer for settlement of
the issues in dispute. Upon receipt of a demand, Agency shall schedule a meet and confer
conference within 30 days for settlement of the dispute.
Mediation. Within 10 business days following the conclusion of the meet and confer conference, if
the claim or any portion of the claim remains in dispute, Agency shall provide the Contractor a
written statement identifying the portion of the claim that remains in dispute and the portion that is
undisputed. Any payment due on an undisputed portion of the claim shall be processed and made
within 60 days after Agency issues its written statement. Any disputed portion of the claim, as
identified by the Contractor in writing, shall be submitted to nonbinding mediation, with Agency
and the Contractor sharing the associated costs equally. Agency and Contractor shall mutually agree
to a mediator within 10 business days after the disputed portion of the claim has been identified in
writing, unless the parties agree to select a mediator at a later time.
If the Parties cannot agree upon a mediator, each Party shall select a mediator and those
mediators shall select a qualified neutral third party to mediate with regard to the disputed
portion of the claim. Each Party shall bear the fees and costs charged by its respective
mediator in connection with the selection of the neutral mediator.
For purposes of this section, mediation includes any nonbinding process, including, but not
limited to, neutral evaluation or a dispute review board, in which an independent third party
or board assists the Parties in dispute resolution through negotiation or by issuance of an
evaluation. Any mediation utilized shall conform to the timeframes in this section.
Unless otherwise agreed to by Agency and the Contractor in writing, the mediation
conducted pursuant to this section shall excuse any further obligation under Section 20104.4
to mediate after litigation has been commenced.
The mediation shall be held no earlier than the date the Contractor completes the Work or
the date that the Contractor last performs Work, whichever is earlier. All unresolved claims
shall be considered jointly in a single mediation, unless a new unrelated claim arises after
mediation is completed.
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Procedures After Mediation. If following the mediation, the claim or any portion remains in
dispute, the Contractor must file a claim pursuant to Chapter 1 (commencing with Section 900) and
Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government
Code. For purposes of those provisions, the running of the period of time within which a claim
must be filed shall be tolled from the time the Contractor submits his or her written claim pursuant
to subdivision (a) until the time the claim is denied, including any period of time utilized by the
meet and confer conference or mediation.
Civil Actions. The following procedures are established for all civil actions filed to resolve claims
subject to this Section:
Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the
court shall submit the matter to non-binding mediation unless waived by mutual stipulation
of both parties or unless mediation was held prior to commencement of the action in
accordance with Public Contract Code section 9204 and the terms of these procedures.. The
mediation process shall provide for the selection within 15 days by both parties of a
disinterested third person as mediator, shall be commenced within 30 days of the submittal,
and shall be concluded within 15 days from the commencement of the mediation unless a
time requirement is extended upon a good cause showing to the court.
If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to
Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil
Procedure, notwithstanding Section 1114.11 of that code. The Civil Discovery Act of 1986
(Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of
Civil Procedure) shall apply to any proceeding brought under this subdivision consistent
with the rules pertaining to judicial arbitration.
In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the
Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction
law, and (B) any party appealing an arbitration award who does not obtain a more favorable
judgment shall, in addition to payment of costs and fees under that chapter, also pay the
attorney’s fees on appeal of the other party.
Government Code Claims. In addition to any and all contract requirements pertaining to notices of
and requests for compensation or payment for extra work, disputed work, claims and/or changed
conditions, Contractor must comply with the claim procedures set forth in Government Code
sections 900 et seq. prior to filing any lawsuit against the Agency. Such Government Code claims
and any subsequent lawsuit based upon the Government Code claims shall be limited to those
matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims,
and/or changed conditions have been followed by Contractor. If no such Government Code claim is
submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified
herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the Agency.
A Government Code claim must be filed no earlier than the date the work is completed or the date
the Contractor last performs work on the Project, whichever occurs first. A Government Code claim
shall be inclusive of all unresolved claims unless a new unrelated claim arises after the Government
Code claim is submitted.
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Non-Waiver. Agency’s failure to respond to a claim from the Contractor within the time periods
described in this Section or to otherwise meet the time requirements of this Section shall result in
the claim being deemed rejected in its entirety. Agency’s failure to respond shall not waive
Agency’s rights to any subsequent procedures for the resolution of disputed claims.
ARTICLE XVII
Time is of the essence in the performance of this Contract.
This Agreement shall be interpreted in accordance with the laws of the State of California. If any
action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a
state or federal court situated in the County of Los Angeles, State of California.
CONTRACTOR affirms that the signatures, titles and seals set forth hereinafter in execution of this
Contract Agreement represent all individuals, firm members, partners, joint ventures, and/or
corporate officers having a principal interest herein.
No act by the Agency, or its representatives in processing or accepting any plans, in releasing any
bond, in inspecting or accepting any work, or of any other nature, shall in any respect relieve the
Contractor or anyone else from any legal responsibility, obligation or liability he might otherwise
have.
IN WITNESS WHEREOF the parties hereto for themselves, their heirs, executors, administrators,
successors, and assigns do hereby agree to the full performance of the covenants herein contained
and have caused this Contract Agreement to be executed in triplicate by setting hereunto their
names, titles, hands, and seals this ________ day of ________________________, 20__.
CONTRACTOR:
__________________________________________________________________
(Company Name)
__________________________________________________________________
(Name and Title)
Contractor's License No. ______________________________________________
Subscribed and sworn to this ______ day of _______________, 20____.
NOTARY PUBLIC_____________________________________
(NOTARY SEAL)
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Elaine Jeng, City Manager Date
ATTESTED: ___________________________________________________________
Yohana Coronel, City Clerk Date
(EXECUTE IN TRIPLICATE)
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FAITHFUL PERFORMANCE BOND
FOR FY 2019-2020
REPLACEMENT OF TRAFFIC STRIPING,
PAVEMENT MARKINGS, AND TRAFFIC SIGNS; AND
INSTALLATION OF NEW TRAFFIC STRIPING,
PAVEMENT MARKINGS, AND TRAFFIC SIGNS
IN THE CITY OF ROLLING HILLS, CALIFORNIA
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS, the City of Rolling Hills (hereinafter referred to as “City”) has awarded
to ____________________, (hereinafter referred to as the “Contractor”)
_______________________ an agreement for ______________________________ (hereinafter
referred to as the “Project”).
WHEREAS, the work to be performed by the Contractor is more particularly set forth in the
Contract Documents for the Project dated ________________, (hereinafter referred to as “Contract
Documents”), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms
thereof and to furnish a bond for the faithful performance of said Contract Documents.
NOW, THEREFORE, we, _______________, the undersigned Contractor and
_____________________________________________ as Surety, a corporation organized and duly
authorized to transact business under the laws of the State of California, are held and firmly bound
unto the City in the sum of ___________________________ DOLLARS, ($____________), said
sum being not less than one hundred percent (100%) of the total amount of the Contract, for which
amount well and truly to be made, we bind ourselves, our heirs, executors and administrators,
successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its
heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and
well and truly keep and perform the covenants, conditions and agreements in the Contract
Documents and any alteration thereof made as therein provided, on its part, to be kept and
performed at the time and in the manner therein specified, and in all respects according to their
intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of all
materials and workmanship; and shall indemnify and save harmless the City, its officers and agents,
as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise
it shall be and remain in full force and effect.
As a condition precedent to the satisfactory completion of the Contract Documents, unless
otherwise provided for in the Contract Documents, the above obligation shall hold good for a period
of one (1) year after the acceptance of the work by City, during which time if Contractor shall fail to
make full, complete, and satisfactory repair and replacements and totally protect the City from loss
or damage resulting from or caused by defective materials or faulty workmanship, Surety shall
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undertake and faithfully fulfill all such obligations. The obligations of Surety hereunder shall
continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights
or the Contractor or Surety’s obligations under the Contract, law or equity, including, but not
limited to, California Code of Civil Procedure section 337.15.
Whenever Contractor shall be, and is declared by the City to be, in default under the
Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or
shall promptly, at the City’s option:
(1)Take over and complete the Project in accordance with all terms and conditions in
the Contract Documents; or
(2)Obtain a bid or bids for completing the Project in accordance with all terms and
conditions in the Contract Documents and upon determination by Surety of the
lowest responsive and responsible bidder, arrange for a Contract between such
bidder, the Surety and the City, and make available as work progresses sufficient
funds to pay the cost of completion of the Project, less the balance of the contract
price, including other costs and damages for which Surety may be liable. The term
“balance of the contract price” as used in this paragraph shall mean the total amount
payable to Contractor by the City under the Contract and any modification thereto,
less any amount previously paid by the City to the Contractor and any other set offs
pursuant to the Contract Documents.
(3)Permit the City to complete the Project in any manner consistent with local,
California and federal law and make available as work progresses sufficient funds to
pay the cost of completion of the Project, less the balance of the contract price,
including other costs and damages for which Surety may be liable. The term
“balance of the contract price” as used in this paragraph shall mean the total amount
payable to Contractor by the City under the Contract and any modification thereto,
less any amount previously paid by the City to the Contractor and any other set offs
pursuant to the Contract Documents.
Surety expressly agrees that the City may reject any contractor or subcontractor which may
be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.
Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid
from Contractor for completion of the Project if the City, when declaring the Contractor in default,
notifies Surety of the City’s objection to Contractor’s further participation in the completion of the
Project.
The Surety, for value received, hereby stipulates and agrees that no change, extension of
time, alteration or addition to the terms of the Contract Documents or to the Project to be performed
thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of
any such change, extension of time, alteration or addition to the terms of the Contract Documents or
to the Project, including but not limited to the provisions of sections 2819 and 2845 of the
California Civil Code.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of
______________, 20__).268
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(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal)Surety
By
Attorney-in-Fact
Signatures of those signing for the Contractor and Surety must be notarized and evidence of
corporate authority attached.
(Attach Attorney-in-Fact Certificate) Title
The rate of premium on this bond is ____________ per thousand. The total amount of premium
charges, $_______________________________.
(The above must be filled in by corporate attorney.)
THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety)___________________________________________
___________________________________________
___________________________________________
(Name and Address of Agent or ___________________________________________
Representative for service of
process in California, if different ___________________________________________
from above)
___________________________________________
(Telephone number of Surety and ___________________________________________
Agent or Representative for service
of process in California)
NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to
do so must be attached hereto.
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PAYMENT BOND
FOR FY 2019-2020:
REPLACEMENT OF TRAFFIC STRIPING,
PAVEMENT MARKINGS, AND TRAFFIC SIGNS; AND
INSTALLATION OF NEW TRAFFIC STRIPING,
PAVEMENT MARKINGS, AND TRAFFIC SIGNS
IN THE CITY OF ROLLING HILLS, CALIFORNIA
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the City of Rolling Hills (hereinafter designated as the “City”), by action taken
or a resolution passed ___________ , 20____has awarded to ________________ hereinafter
designated as the “Principal,” a contract for the work described as follows:
_____________________________________________________ (the “Project”); and
WHEREAS, the work to be performed by the Principal is more particularly set forth in the
Contract Documents for the Project dated __________________ (“Contract Documents”), the terms
and conditions of which are expressly incorporated by reference; and
WHEREAS, said Principal is required to furnish a bond in connection with said contract;
providing that if said Principal or any of its Subcontractors shall fail to pay for any materials,
provisions, provender, equipment, or other supplies used in, upon, for or about the performance of
the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts
due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld,
and paid over to the Employment Development Department from the wages of employees of said
Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay
for the same to the extent hereinafter set forth.
NOW THEREFORE, we, the Principal and __________________________ as Surety, are
held and firmly bound unto the City in the penal sum of ______________
Dollars ($___________) lawful money of the United States of America, for the
payment of which sum well and truly to be made, we bind ourselves, our heirs, executors,
administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its
subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the
persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or other
supplies, used in, upon, for or about the performance of the work contracted to be done, or for any
work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with
respect to work or labor performed under the contract, or for any amounts required to be deducted,
withheld, and paid over to the Employment Development Department or Franchise Tax Board from
the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the
Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for
the same, in an amount not exceeding the sum herein above specified.
This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil
Code so as to give a right of action to such persons or their assigns in any suit brought upon this
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It is further stipulated and agreed that the Surety on this bond shall not be exonerated or
released from the obligation of this bond by any change, extension of time for performance,
addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement
pertaining or relating to any scheme or work of improvement herein above described, or pertaining
or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or
modification of any terms of payment or extension of the time for any payment pertaining or relating
to any scheme or work of improvement herein above described, nor by any rescission or attempted
rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the
bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any
such contract or agreement or under the bond, nor by any fraud practiced by any person other than
the claimant seeking to recover on the bond and that this bond be construed most strongly against
the Surety and in favor of all persons for whose benefit such bond is given, and under no
circumstances shall Surety be released from liability to those for whose benefit such bond has been
given, by reason of any breach of contract between the owner or City and original contractor or on
the part of any obligee named in such bond, but the sole conditions of recovery shall be that
claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full
amount of his claim and that Surety does hereby waive notice of any such change, extension of time,
addition, alteration or modification herein mentioned and the provisions of sections 2819 and 2845
of the California Civil Code.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of
______________, 20__.
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal)Surety
By
Attorney-in-Fact
Title
Signatures of those signing for the Contractor and Surety must be notarized and evidence of
corporate authority attached. A Power-of-Attorney authorizing the person signing on behalf of the
Surety to do so must be attached hereto.
NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to
do so must be attached hereto.
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MAINTENANCE BOND
FOR FY 2019-2020
REPLACEMENT OF TRAFFIC STRIPING,
PAVEMENT MARKINGS, AND TRAFFIC SIGNS; AND
INSTALLATION OF NEW TRAFFIC STRIPING,
PAVEMENT MARKINGS, AND TRAFFIC SIGNS
IN THE CITY OF ROLLING HILLS, CALIFORNIA
KNOW ALL PERSON BY THESE PRESENTS THAT WHEREAS, the City of Rolling Hills as
AGENCY has awarded to ______________________________________, as Contractor, a contract
for the above stated project; and
WHEREAS, said Contractor is required to furnish a bond in connection with said contract
guaranteeing maintenance thereof:
NOW, THEREFORE, we, the undersigned Contractor and Surety, are held firmly bound unto
AGENCY in the sum of __________________________________________ Dollars and
_______________ Cents ($___________), which is ten (10%) percent of the total contract amount
for the above stated project to be paid to AGENCY, its successors and assigns, for which payment
well and truly be made, we bind ourselves, out heirs, executors and administrators, successors and
assigns, jointly and severally, firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION ARE SUCH THAT IS SAID contractor shall remedy
without cost to AGENCY any defects which may develop during a period of one (1) year from the
date of recordation of the Notice of Completion of the work performed under said contract, provided
such defects are caused by defective or inferior materials or work, then this obligation shall be void;
otherwise it shall be and remain in full force and effect. In case suit is brought upon this bond, the
said SURETY will pay a reasonable attorneys fee to the owner in an amount to be fixed by the
court.
IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seal this
_______ day of ________________, 20____.
CONTRACTOR*
__________________________________________________________________
__________________________________________________________________
SURETY*
__________________________________________________________________
__________________________________________________________________
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SCOPE OF WORK AND GENERAL SPECIFICATIONS
FOR FY 2019-2020
REPLACEMENT OF TRAFFIC STRIPING,
PAVEMENT MARKINGS, AND TRAFFIC SIGNS; AND
INSTALLATION OF NEW TRAFFIC STRIPING,
PAVEMENT MARKINGS, AND TRAFFIC SIGNS
IN THE CITY OF ROLLING HILLS, CALIFORNIA
SCOPE OF WORK
The work to be done consists of furnishing all materials, equipment, tools labor, and incidentals as
required by the specifications, and contract documents. The general items of work include painting
and repainting of traffic striping and pavement markings, replacement of missing markers, the
installation of new reflective pavement markers/markers, and the removal of obsolete and/or
unnecessary striping and pavement markings. Work shall include the cleaning of soil and debris
from areas to be striped prior to actual striping.
ROLLING HILLS IS A FORESTED AREA AND AT NO TIME SHALL ANY EMPLOYEES OF
CONTRACTOR SMOKE INSIDE OR OUTSIDE OF VEHICLES WHILE IN THE CITY OF
ROLLING HILLS.
LOCATION OF WORK
See Bid Schedules for locations, estimates and description of work to be performed.
MATERIALS AND STANDARD SPECIFICATIONS
Materials. Paint for traffic striping shall be rapid dry. Paint for crosswalks, stop bars, arrows other
pavement legends and curb markings shall be ready-mixed rapid dry type.
Ready-mixed paints shall be suitable for use on either asphalt concrete or portland cement concrete.
Application. Paint shall be applied in two coats. For those locations where raised pavement
markers are to be installed on painted stripes, paint shall be applied in two coats. The second coat
of paint shall be applied no less than 24 hours from application of the first coat.
Any cost increase greater than 10% must be approved by the City Manager.
SIGNING, STRIPING, AND PAVEMENT MARKERS
All equipment, materials, and components for striping, and the installation thereof, shall conform to
the Caltrans Standard Plans, dated May 2018 and Standard Specifications, Section 56, "Overhead
Sign Structures, Standards, and Poles," Section 82, “Signs and Markers”, Section 84, "Traffic
Stripes and Pavement Markings," and Section 85, “Markings,” dated May 2018 except as noted in
the Special Provisions and on the Plans. These Plans and Specifications are hereinafter referred to 273
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as State Standard Plans and State Standard Specifications. Copies of these documents can be
downloaded from:
https://dot.ca.gov/programs/design/ccs-standard-plans-and-standard-specifications
All materials required for the completion of work as shown on the Plans shall be provided by the
Contractor.
TRAFFIC STRIPES AND PAVEMENT MARKINGS
Description. Traffic stripes, pavement markings, and curb marking shall be paint unless otherwise
shown on the Plans. Contractor shall repaint any curb markings removed by construction under this
contract.
Control of Alignment and Layout. The Contractor shall furnish the necessary control points for all
striping and markings, and shall be responsible for the completeness and accuracy thereof to the
satisfaction of the Engineer.
The Contractor shall establish all traffic striping between these points by stringline or other method
to provide striping that will vary less than ½-inch in 50-feet from the specified alignment.
When no previously applied figures, markings, or traffic striping are available to serve as a guide,
suitable layouts shall be spotted in advance of the permanent paint application. Traffic lines may be
spotted by using a rope as a guide for marking spots every 5-feet, by using a marking wheel
mounted on a vehicle, or by any other means satisfactory to the Engineer.
The Contractor shall mark or otherwise delineate the traffic lanes in the new roadway or portion of
roadway.
The Contractor shall provide an experienced technician to supervise the location, alignment, layout,
dimensions, and application of the paint.
Spotting shall be completed prior to the removal of any existing stripes. Existing stripes and
markings shall be removed prior to painting new stripes and markings, but in no case shall any
section of street be left without the proper striping for more than 24 hours, or over weekends or
holidays.
Existing traffic stripes (including raised pavement markers), pavement legends, and markings shall
be removed by wet sandblasting per Section 15-2.02B, "Traffic Stripes and Pavement Markings,"
and Section 15-2.02C, "Pavement Markers," of the State Standard Specifications.
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PAVEMENT MARKERS
Placement. Adhesive for raised pavement markers shall be rapid set type epoxy.
The Standard Specifications set forth above will control the general provisions,
construction materials, and construction methods for this contract except as amended by
the specifications, the paragraphs set forth below, or other contract documents. The
following paragraphs are supplementary and in addition to the provisions of the Standard
Specifications unless otherwise noted and the section numbers referred to in the following
paragraphs coincide with those of the said Standard Specifications. Only those sections
requiring elaborations, amendments, specifying of options, or additions are called out.
EQUIVALENT MATERIALS
Approval of equipment and materials offered as equivalents to those specified must be
obtained in writing from the AGENCY. Request for consideration of equivalents must be
submitted in writing allowing sufficient time for complete consideration of all
specification, samples, references, tests, and other details to the full satisfaction of the
AGENCY. Requests for substitution of equipment and materials and submission of
substantiating data must be submitted in writing no later than thirty-five (35) days after
award of the contract.
TIME FOR COMPLETION
The Contractor shall complete all work in every detail within thirty (30) consecutive
working days after the date in the Notice to Proceed, exclusive of maintenance periods,
except or otherwise agreed upon due to already scheduled road resurfacing.
CONSTRUCTION, SCHEDULE AND COMMENCEMENT OF WORK
At least two weeks prior to the start of work, the Contractor shall furnish to the City
Manager a schedule of work showing the Contractor's planned sequence of operations.
The Schedule shall show the manner of traffic control planned for the complete project,
such as partial closures, two flagmen present at all times to control traffic. The list
showing lane closures shall be prepared for each day.
Such schedule shall be subject to the review and approval of City Manager. No work shall
be done until the City Manager and Contractor have agreed to the schedule to be followed
by the Contractor.
Prior to issuing the Notice to Proceed, the City Manager will schedule and conduct a
preconstruction meeting with the Contractor to review the proposed construction
schedule and delivery dates and clarify inspection procedures.
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ORDER OF WORK
Unless directed otherwise by the City Manager, or designee, the order of the various work
activities shall be completed at the discretion of the Contractor.
PROSECUTION OF WORK
The Contractor shall submit weekly progress reports to the City Manager, or designee.
The report shall include updated construction schedule. Any deviations from the original
schedule shall be explained.
EXTENSION OF TIME
Requests for an extension of time must be delivered to the City Manager, or designee,
within five consecutive calendar days following the date of the occurrence which caused
the delay. The request must be submitted in writing and must state the cause of the delay,
the date of the occurrence causing the delay, and the amount of additional time requested.
This shall be included as part of the construction schedule required above. Requests for
extensions of time shall be supported by all evidence reasonably available or known to the
Contractor which would support the extension of time requested. Requests for extensions
of time which are not received within the time specified above shall result in the forfeiture
of the Contractor's right to receive any extension of time requested.
If the Contractor is requesting an extension of time because of weather, he shall supply
daily written reports to the City Manager, or designee, describing such weather, and the
work which could not be performed that day because of such weather or conditions
resulting therefrom and which he otherwise would have performed.
WORKING DAY
The Contractor's activities shall be confined to the hours between 7:00 a.m. and 6:00 p.m.
Monday through Friday, excluding holidays. Deviation from these hours will not be
permitted without the prior consent of the City Manager, or designee, except in
emergencies involving immediate hazard to persons or property. In the event of either a
requested or emergency deviation, inspection service fees will be charged against the
Contractor. The service fees will be calculated at overtime rates including benefits,
overhead, and travel time. The service fees will be deducted from any amounts due the
Contractor.
FORFEITURE DUE TO DELAY
The Contractor shall complete all or any designated portion of the work called for under
the contract within the time set forth in the Section entitled Time for Completion.
In accordance with Government Code Section 53069.85, Contractor agrees to forfeit and
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pay Agency the amount of Two Hundred and Fifty Dollars ($250.00) per day for each and
every day of unauthorized delay beyond the completion date, which shall be deducted
from any monies due the Contractor.
Failure of the Contractor to perform any covenant or condition contained in the contract
documents within the timer period specified shall constitute a material breach of this
contract entitling the Agency to terminate the contract unless the Contractor applies for,
and receives, an extension of time in accordance with the procedures set forth in Section
entitled Extension of Time.
Failure of the Agency to insist upon the performance of any covenant or conditions within
the time period specified in the contract documents shall not constitute a waiver of the
Contractor's duty to complete performance within the designated periods unless the
waiver is in writing.
The Agency's agreement to waive a specific time provision or to extend the time for
performance shall not constitute a waiver of any other time provisions contained in the
contract documents.
Failure of the Contractor to complete performance promptly within the additional time
authorized in the waiver or of time agreement shall constitute a material breach of this
contract entitling the Agency to terminate this agreement.
The Contractor shall not be deemed in breach of this contract and no forfeiture due to
delay shall be made because of any delays in the completion of the work due to
unforeseeable causes beyond the control and without the fault or negligence of the
Contractor provided the Contractor requests an extension of time in accordance with the
procedures set forth in Section entitled Extension of Time. Unforeseeable causes of delay
beyond the control of Contractor shall include acts of God, acts of a public enemy, acts of
the government, acts of the Agency, or acts of another contractor in the performance of a
contract with the Agency, fires, floods, epidemics, quarantine restrictions, strikes, freight
embargoes, and weather, or delays of subcontractors due to such causes, or delays caused
by failure of the owner of a utility to provide for removal or relocation of existing utility
facilities. Delays caused by actions or neglect of Contractor or his agents, servants,
employees, officers, subcontractors, directors, or of any party contracting to perform part
or all of the work or to supply any equipment or materials shall not be excusable delays.
Excusable delays (those beyond the Contractor's control) shall not entitle the Contractor to
any additional compensation. The sole remedy of the Contractor shall be to seek an
extension of time.
TRAFFIC AND ACCESS
The Contractor will be required to maintain at least one lane of traffic in each direction and
two flag men to control traffic throughout the project at all times in a manner satisfactory
to the City Manager, or designee. It is the Contractor's responsibility to provide cones,
barricades, lights and any other measures necessary for regulation of traffic.277
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BARRICADES
All traffic control barricades, signs and devices used by the Contractor shall, at a
minimum, conform to the "Manual of Warning Lights and Devices," adopted by and in
current use by the State of California, Department of Transportation. Channelization
devices shall be spaced no greater than 25 feet apart. The Contractor shall take additional
precautions as he may find necessary under the circumstances.
Should Contractor fail to provide adequate traffic control or safety barricades, and in the
event a responsible individual cannot be located or refuses to perform, the Agency will at
its option place needed devices or engage a private firm to place and maintain said
barricades, which will be charged to Contractor directly.
STREET CLOSURES WILL NOT BE ALLOWED.
PARTIAL AND FINAL PAYMENT
The closure date for period progress payments will be the twenty-fifth day of each month.
Authorization to pay is commonly received on the second Monday of the following
month. However, payments will be withheld pending receipt of any outstanding reports
required by the contract documents.
The full ten percent retention will be deducted from all payments. The final retention will
be authorized for payment thirty-five days after the date of recordation of the Notice of
Completion.
The Contractor may substitute securities for any monies withheld by the Agency to ensure
performance under the contract as provided in Public Contract Code Section 22300.
PERMITS
Pursuant to State Bill 854, the following new requirements apply to all public works projects: A
contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the
requirements of Section 4104 of the Public Contract Code, or engage in the performance of any
contract for public work, as defined in this chapter, unless currently registered and qualified to
perform public work pursuant to Section 1725.5. It is not a violation of this section for an
unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and
Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the
contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is
awarded. The website for contractor registration with the Department of Industrial Relations (DIR)
is https://efiling.dir.ca.gov/PWCR; the annual non-refundable fee, valid July 1 through June 30
(state fiscal year), is $300.
Contractors who are awarded a public works project must submit electronic payroll records to the
DIR’s Compliance Monitoring Unit (CMU) in addition to providing wet-ink original copies to the
City or its designated labor compliance enforcement officer.278
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NOTIFICATION
The Contractor shall notify the City Manager, or designee, and the owners of all utilities
and substructures not less than 40 hours prior to starting construction. The following list
of names and telephone numbers is intended for the convenience of the Contractor and is
not guaranteed to be complete or correct:
CHARLES ABBOTT ASSOCIATES, INC.
Attention: Mr. Jack Rydell, P.E., T.E (562) 252-2511
ALAN PALERMO CONSULTING
Attention: Alan Palermo, Project Manager (310) 717-3244
CITY OF ROLLING HILLS
Attention: Elaine Jeng, City Manager (310) 377-1521
ROLLING HILLS COMMUNITY ASSOCIATION
Attention: Kristen Raig, Manager (310) 541-6222
SOUTHERN CALIFORNIA GAS COMPANY
Attention: Ms. Marcella Low (310) 781-8480
SOUTHERN CALIFORNIA EDISON COMPANY
Attention: Mr. Marvin Jackmon (310) 783-9341
VERIZON
Attention: Mr. Mike Murray (562) 435-9594
CALIFORNIA WATER SERVICE COMPANY
Attention: Mr. Henry Wind (310) 257-1400
LOS ANGELES COUNTY DEPARTMENT OF
PUBLIC WORKS
Attention: Mr. Christopher Oberle (310) 534-3760
LOS ANGELES COUNTY FLOOD CONTROL DISTRICT
Attention: No Name Given (818) 458-3129
UNDERGROUND SERVICE ALERT (800) 422-4133
EMERGENCY INFORMATION
The names, addresses, and telephone numbers of the Contractor and subcontractors, or
their representatives, shall be filed with the City Manager and the County Sheriff's
Department prior to beginning work.
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Agenda Item No.: 9.A
Mtg. Date: 01/13/2020
TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM:TERRY SHEA, FINANCE DIRECTOR
THRU:ELAINE JENG P.E., CITY MANAGER
SUBJECT:
CONSIDER AND APPROVE A CONTRACT AMENDMENT WITH ROGERS, ANDERSON,
MALODY & SCOTT, LLP TO PROVIDE FINANCIAL DATA ENTRY SERVICES FOR A
MAXIMUM FEE OF $26,750.
DATE:January 13, 2020
BACKGROUND:
With the City’s old software program Fund Balance, we were only able to access current year data and one previous fiscal year. In addition
the software was no longer supported by Tyler Technologies and was always crashing. We issued and RFP for new accounting software and
through that process we purchased Abila MIP Fund Accounting (MIP) cloud based. With MIP you can access the data from all the years that
are recorded and run reports as well. We began entering financial data on July 1, 2019 into MIP.
DISCUSSION:
Financial data for Fiscal Years 2014-15, 2015-16, 2016-17, 2017-18 and 2018-19 is only available on paper due to the software constraints
of the program Fund Balance. To have search capability and to have the data stored electronically, the financial data for the aforementioned
fiscal years must be manually entered into the new Finance Department Accounting Software. Data entries will consist of accounts payable,
cash receipts, payroll, and monthly journal entries for direct deposits, PERS, EFT’s, and miscellaneous items. All items are proposed to be
entered into the General Ledger in detail. At the end of each fiscal year the yearend closing entries are proposed to be recorded and the
General Ledger will be reconciled to the fiscal yearend audited numbers. This will give us the ability to access data online and answer
questions that come up over the years, especially with vendors and accounts payable items.
RECOMMENDATION:
It is recommended the City Council authorize the City Manager to approve a contract amendment with Rogers, Anderson, Malody & Scott,
LLP to record the financial activity for Fiscal Years 2014-15, 2015-16, 2016-17, 2017-18 and 2018-19 into the new Finance Department
Accounting Software.
ATTACHMENTS:
Engagement Letter and Support.pdf
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Agenda Item No.: 9.B
Mtg. Date: 01/13/2020
TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM:ELAINE JENG,
THRU:ELAINE JENG P.E., CITY MANAGER
SUBJECT:CONSIDER AND APPROVE STRATEGIC PLANNING WORKSHOP AGENDA.
DATE:January 13, 2020
BACKGROUND:
During the FY19-20 budget workshop in May 2019, the City Council approved staff’s recommendation to hold strategic planning workshops
prior to the FY20-21 budget season. The strategic planning workshops are aimed to develop mission, vision and long term goals for the City.
At the October 28, 2019 and November 12, 2019 City Council meetings, the City Council set Saturday, January 25, 2020 between 10am and
1pm as the initial strategic planning workshop to set goals for the City for next two years. Subsequent meetings are scheduled on regular
City Council meetings: Monday, February 10, 2020 (priorities for the next two fiscal years) and Monday, February 24, 2020 (budget items
for FY20-21 based on priorities).
The City Council also expressed the desire to have staff facilitate the process. The City Manager will serve as the facilitator.
DISCUSSION:
In preparation for the initial Strategic Planning Workshop on January 25, 2020, staff researched and collected data on strategic planning
process and deliverables for other municipalities. The following strategic planning overall process noted by a facilitator for the City of
Culver City strategic plan was found to be simple and straightforward.
Council members shared priorities and perspective.
City Council strategic planning retreat with City staff
Council members and staff refined the priorities and initiatives.
Staff integrate the priorities into work plans.
Guided by the above process, staff is recommending the following meeting agenda for the January 25, 2020 meeting.
Proposed Meeting Agenda for
January 25, 2020 Strategic Planning Workshop
1. Short presentation by the City Manager on observations of the City, and short presentation by the Finance Director on the financial outlook
of the City for the next two years.
2. Council members share individual priorities and perspective of the City.
3. Council members establish consensus on three top priorities for FY20-21 through FY21-22 (two fiscal years).
4. Discuss the top priorities with staff to translate priorities to action items.
5. Direct staff to record established top priorities and develop action plan for approval at the January 27, 2020 City Council meeting.
FISCAL IMPACT
Research and preparation for the strategic planning workshop were performed by internal staff as a part of the FY19-20 approved operation
budget. There is no fiscal impact.
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NOTIFICATION
The initial strategic planning workshop scheduled for Saturday, January 25, 2020 was noted in the City’s Blue Newsletter, publication 20-01.
RECOMMENDATION:
Staff recommends that the City Council approve the strategic planning workshop agenda for the January 25, 2020 meeting.
ATTACHMENTS:
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Agenda Item No.: 11.A
Mtg. Date: 01/13/2020
TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM:DELIA ARANDA, CODE ENFORCEMENT OFFICER
THRU:ELAINE JENG P.E., CITY MANAGER
SUBJECT:
RECEIVE AND FILE FOURTH QUARTER 2019 REPORT ON FIRE FUEL ABATEMENT
ENFORCEMENT CASES.
DATE:January 13, 2020
BACKGROUND:
FOURTH QUARTER 2019 REPORT
In fourth quarter of 2019 (October 1, 2019 through December 31, 2019), 21 new fire fuel abatement violations were observed and reported.
During this same period, 35 fire fuel abatement violations reported in previous periods were closed. During this same period, the City
received 10 new complaints unrelated to fire fuel abatement violations.
VEGETATION CASES
3rd Quarter 2019 4th Quarter 2019 Total 3rd and 4th Quarter
Cases Submitted 19 21 40
Cases Closed 35*7*42*
*Please note that cases prior to 3rd Quarter of 2019 are included in the case closed count.
COMPREHENSIVE LIST
Prior to 4th Quarter 2019 4th Quarter 2019 Only Total Cases to end of 4 th
Quarter 2019
Cases Submitted 149 26 175
Open Cases 37 17 39*
*Please note this number includes cases closed prior to January 1, 2020.
RECOMMENDATION
Staff recommends that the City Council receive and file the Fourth Quarter 2019 report on Code Enforcement and Fire Fuel Abatement
cases.
DISCUSSION:
NONE.
RECOMMENDATION:
Staff recommends that the City Council receive and file the Fourth Quarter 2019 report on Code Enforcement and Fire Fuel Abatement
cases. 287
ATTACHMENTS:
Item10A_Attch01_Active VegetationCases.pdf
10A_Attachment 2 Comprehensive.pdf
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