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12-14-2020_CCAgendaPacket1.CALL TO ORDER 2.ROLL CALL 3.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 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 AGENDA Regular Council Meeting CITY COUNCIL Monday, December 14, 2020 CITY OF ROLLING HILLS 7:00 PM This meeting is held pursuant to Executive Order N-29-20 issued by Governor Gavin Newsom on March 17, 2020. All Councilmembers will participate by teleconference. Public Participation: The meeting agenda is available on the City’s website. A live audio of the City Council meeting will be available on the City’s website. Both the agenda and the live audio can be found here: https://www.rolling-hills.org/government/agenda/index.php Members of the public may observe and orally participate in the meeting via Zoom and or submit written comments in real-time by emailing the City Clerk’s office at cityclerk@cityofrh.net. Your comments will become part of the official meeting record. You must provide your full name, but please do not provide any other personal information that you do not want to be published. Zoom access: https://us02web.zoom.us/j/87227175757? pwd=VzNES3Q2NFprRk5BRmdUSktWb0hmUT09 Or dial (669) 900-9128, meeting ID: 872 2717 5757, passcode: 780609 Audio recordings to all the City Council meetings can be found here: https://cms5.revize.com/revize/rollinghillsca/government/agenda/index.php While on this page, locate the meeting date of interest then click on AUDIO. Another window will appear. In the new window, you can select the agenda item of interest and listen to the audio by hitting the play button. Written Action Minutes to the City Council meetings can be found in the AGENDA, typically under Item 4A Minutes. Please contact the City Clerk at 310 377-1521 or email at cityclerk@cityofrh.net for assistance. Next Resolution No. 1268 Next Ordinance No. 369 PLEDGE OF ALLEGIANCE 1 take place on any items not on the agenda. 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. 4.A.MINUTES: REGULAR MEETING OF NOVEMBER 23, 2020. RECOMMENDATION: APPROVE AS PRESENTED. 4.B.PAYMENT OF BILLS. RECOMMENDATION: APPROVE AS PRESENTED. 4.C.REVIEW AND APPROVE PLANNING AND TRAFFIC COMMISSIONS RECRUITMENT AND APPOINTMENT SCHEDULE FOR TERMS EXPIRING IN JANUARY 2021. RECOMMENDATION: It is recommended that the City Council approve the proposed schedule for Planning and Traffic Commissioners appointments. 4.D.PENINSULA CITIES JOINT LETTER TO THE LOS ANGELES COUNTY BOARD OF SUPERVISORS REQUESTING TO USE DATA AND STATISTICS FOR THE SOUTHBAY AREA TO MAKE DECISIONS ABOUT COVID-19. RECOMMENDATION: RECEIVE AND FILE. 5.ELECTION CERTIFICATION 5.A.NOVEMBER 3, 2020 GENERAL MUNICIPAL ELECTION CERTIFICATION OF ELECTION RESULTS. RECOM MENDATION: Staff recommends that the City Council adopt Resolution 1266 declaring the results of the General Municipal Election held on November 3, 2020 and taking such further actions as provided by law to complete the election process. 6.OATH OF OFFICE 7.CITY COUNCIL REORGANIZATION 7.A.CITY COUNCIL REORGANIZATION RECOMMENDATION: Review reorganization options presented by Councilmembers and take action. 2020-11-23_CCMinutes.docx Payment of Bills.pdf Tentative Commissioner Appointment Timeline.docx CommissionAppt Posting Attachment 2.docx Letter to BOS re Restaurant Policy FINAL 12-7-20_RHE_RH_RPV_PVE.pdf Election_Official Statement of Votes Cast.pdf Resolution No1266-Election Certification November 3 2020.pdf 2 8.COMMISSION ITEMS NONE. 9.PUBLIC HEARINGS 9.A.ADOPT AN ORDINANCE OF THE CITY OF ROLLING HILLS PROHIBITING SMOKING IN AND ON PUBLIC PROPERTY AND IN AND ON PRIVATE EASEMENTS, ROADS, AND TRAILS BY ADDING CHAPTER 8.40 (SMOKING PROHIBITED) TO TITLE 8 (HEALTH AND SAFETY) OF THE ROLLING HILLS MUNICIPAL CODE; AND FINDING THE SAME EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT RECOMMENDATION: Waive full reading of the ordinance and introduce on first reading the ordinance of the City Council of the City of Rolling Hills adding Chapter 8.40 (Smoking Prohibited); and finding the same exempt from CEQA. 9.B.ADOPT ORDINANCE NO. 367 OF THE CITY OF ROLLING HILLS, CALIFORNIA, REPEALING SECTIONS 10.12.050 (AUTHORITY OF GATE GUARDS) AND 10.12.060 (UNAUTHORIZED TRAFFIC DIRECTION PROHIBITED) OF CHAPTER 10.12 (TRAFFIC ENFORCEMENT AUTHORITY) OF TITLE 10 (VEHICLES AND TRAFFIC); AND AMENDING CHAPTER 9.40 (TRESPASS) AND CHAPTER 9.44 (ENTERING PRIVATE PROPERTY UNDER FALSE PRETENSES) OF TITLE 9 (PUBLIC PEACE, MORALS AND WELFARE) OF THE ROLLING HILLS MUNICIPAL CODE; AND FINDING THE SAME EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. RECOMMENDATION: Waive full reading of the ordinance and introduce on first reading the ordinance of the City Council of the City of Rolling Hills repealing sections 10.12.050 and 10.12.060 and amending Chapter 9.40 and Chapter 9.44 of the Rolling Hills Municipal Code; and finding the same exempt from CEQA. 9.C.ADOPT ORDINANCE NO. 368 AMENDING TITLE 17 (ZONING) OF THE CITY OF ROLLING HILLS MUNICIPAL CODE TO ADD CHAPTER 17.48 (TEMPORARY USE PERMITS) ESTABLISHING REGULATIONS OF CERTAIN TEMPORARY USES WITHIN THE CITY; AND FINDING THE SAME EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. RECOMMENDATION: Waive full reading of the ordinance and introduce on first reading the ordinance of the City Council of the City of Rolling Hills amending Title 17 (Zoning) of the City of Rolling Hills Municipal Code to add Chapter 17.48 (Temporary Use Permits) establishing regulations of certain temporary uses within the City; and finding the same exempt from CEQA. 10.OLD BUSINESS NONE. 11.NEW BUSINESS 365 Smoking Ban-c1.docx 367 Regulating Trespass and Repealing Gate Attendant Sections-c1.doc Ordinance 368 Temporary Use Permits.docx 3 11.A.APPROVE RESOLUTION NO. 1267 ACCEPTING CALIFORNIA GOVERNOR OFFICE OF EMERGENCY SERVICES (CAL/OES) AND FEMA GRANT AWARD OF FROM THE HAZARD MITIGATION PROGRAM FOR VEGETATION MANAGEMENT RECOMMENDATION: Approve Resolution No. 1267 and authorize the City Manager, or designee, to execute an agreement, and any subsequent amendments, with FEMA, to accept and expend grant funding in an amount not to exceed $242,625. Approve General Fund expenditure of $80,875. 12.MATTERS FROM THE CITY COUNCIL AND MEETING ATTENDANCE REPORTS NONE. 13.MATTERS FROM STAFF NONE. 14.CLOSED SESSION 14.A.EMPLOYMENT PERFORMANCE EVALUATION GOVERNMENT CODE SECTION 54957 TITLE: CITY MANAGER RECOMMENDATION: NONE. 15.ADJOURNMENT Next regular meeting: Monday, December 28, 2020 at 7:00 p.m. via Zoom. Zoom access: https://us02web.zoom.us/j/87227175757? pwd=VzNES3Q2NFprRk5BRmdUSktWb0hmUT09 Or dial (669) 900-9128, meeting ID: 872 27175757, passcode: 780609 Approval_4382-175-13R Rolling Hills (Phase 1).pdf Resolution No1267 FEMA Grant Acceptance.docx Notice: 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. 4 Agenda Item No.: 4.A Mtg. Date: 12/14/2020 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:CONNIE VIRAMONTES , ADMINISTRATIVE ASSISTANT THRU:ELAINE JENG P.E., CITY MANAGER SUBJECT:MINUTES: REGULAR MEETING OF NOVEMBER 23, 2020. DATE:December 14, 2020 BACKGROUND: NONE. DISCUSSION: NONE. FISCAL IMPACT: NONE. RECOMMENDATION: NONE. ATTACHMENTS: 2020-11-23_CCMinutes.docx 5 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA MONDAY, NOVEMBER 23, 2020 1.CALL TO ORDER The City Council of the City of Rolling Hills met in a regular meeting via Zoom Teleconference on the above date at 7:00 p.m. via teleconference. Mayor Pieper presiding. 2.ROLL CALL Present: Mayor Pieper, Dieringer, Mirsch, Wilson, and Black. Absent: None Staff Present:Elaine Jeng, City Manager Meredith T. Elguira, Planning & Community Services Director Jane Abzug, Assistant City Attorney 3.RECOGNITION OF LOS ANGELES COUNTY FIRE DEPARTMENT DIVISION 1, BATTALION 14, FIRE STATION 56 CAPTAIN PHIL SCHNEIDER. City Manager Elaine Jeng commended Captain Phil Schneider on his 37 years of services and congratulatedhim on his retirement. The City Council thankedCaptain Schneiderfor his years of service. A certificate of recognition and Rolling Hills memorabilia’s will be mailed to Captain Schneider. Captain Schneider was grateful for the recognition by the Councilmembers, RHCA and Fire Station 56. 4.OPEN AGENDA - PUBLIC COMMENT WELCOME Planning & Community Services Director Meredith Elguira stated that she received a letter on November 19, 2020 from resident Roger Hawkins regarding his concerns about the Accessory Dwelling Unit (ADU) Survey and impacts to the community. 5.CONSENT CALENDAR A.MINUTES: REGULAR MEETING OF NOVEMBER 09, 2020. ITEM 5A APPROVED BY SEPARATE CONSENT CALENDAR VOTE. MOTION:It was moved by Councilmember Mirsch and seconded by Mayor Pro Tem Dieringer to approve meeting minutes, with minor changes to page 3. 6 Minutes 2 City Council Regular Meeting November 23, 2020 AYES:COUNCILMEMBERS: Mayor Pieper, Dieringer, Mirsch, and Wilson NOES: COUNCILMEMBERS: Black ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: B.PAYMENT OF BILLS. ITEM 5B APPROVED BY CONSENT CALENDAR VOTE. C.REPUBLIC SERVICES CYCLING TONNAGE REPORT FOR OCTOBER 2020. ITEM 5C APPROVED BY CONSENT CALENDAR VOTE. MOTION:It was moved by Council Member Mirsch and seconded by Mayor Pro Tem Dieringer to approve Consent Calendar items 5B and 5C. AYES:COUNCILMEMBERS: Mayor Pieper, Dieringer, Mirsch, Wilson and Black. NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: None 6. COMMISSION ITEMS NONE. 7. PUBLIC HEARINGS A.WAIVE FULL READING AND APPROVE ADOPTION OF ORDINANCE NO. 366 OF THE CITY OF ROLLING HILLS AMENDING TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE TO ADD CHAPTER 17.60 (HOUSING ACCESSIBILITY FOR THE DISABLED - REASONABLE ACCOMMODATION PERMIT) AND DETERMINE THE ORDINANCE EXEMPT FROM CEQA. Planning and Community Services Director Meredith Elguira presented the proposed Ordinance for its second reading to the City Council. Staff recommended the adoption of Ordinance No. 366. MOTION:It was moved by Councilmember Mirsch and seconded by Mayor Pro Tem Dieringer to waive the full reading and adopt the Ordinance No. 366, amending Chapter 17.60 (Housing Accessibility for the Disabled Reasonable Accommodation Permit) of the Rolling Hills Municipal Code. AYES:COUNCILMEMBERS: Mayor Pieper, Dieringer, Mirsch, Wilson, and Black. NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: None 7 Minutes 3 City Council Regular Meeting November 23, 2020 8. OLD BUSINESS A.CONSIDER ORDINANCE 365 PROHIBITING SMOKING IN AND ON PUBLIC PROPERTY AND IN AND ON PRIVATE EASEMENTS, ROADS, AND TRAILS BY ADDING CHAPTER 9.40 (SMOKING PROHIBITED) TO SUBDIVISION IV (OFFENSES AGAINST PUBLIC PEACE) IN TITLE 9 (PUBLIC PEACE, MORALS AND WELFARE) OF THE CITY OF ROLLING HILLS MUNICIPAL CODE. Mayor Pro Tem Dieringer clarified the definition for the use of the electronic smoking devises vs. smoking from paper. Mayor Pieper motioned to bring back Ordinance No. 366 to a future City Council meeting once the public verbiage is confirmed with City Attorney. B. CONSIDER ORDINANCE NO. 367 OF THE CITY OF ROLLING HILLS, CALIFORNIA, REPEALING SECTIONS 10.12.050 (AUTHORITY OF GATE GUARDS) AND 10.12.060 (UNAUTHORIZED TRAFFIC DIRECTION PROHIBITED) OF CHAPTER 10.12 (TRAFFIC ENFORCEMENT AUTHORITY) OF TITLE 10 (VEHICLES AND TRAFFIC); AND AMENDING CHAPTER 9.40 (TRESPASS) AND CHAPTER 9.44 (ENTERING PRIVATE PROPERTY UNDER FALSE PRETENSES) OF TITLE 9 (PUBLIC PEACE, MORALS AND WELFARE) OF THE ROLLING HILLS MUNICIPAL CODE. Planning Director Elguira presented the proposed Ordinance and stated that she received a call in the afternoon on Monday, November 23, 2020 from resident Roger Hawkins, requesting additional time to review the proposed Ordinance. MOTION:It was moved by Councilmember Mirsch and seconded by Mayor Pro Tem Dieringer to prepare the final ordinance for adoption. AYES:COUNCILMEMBERS: Mayor Pieper, Dieringer, Mirsch, Wilson, and Black. NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: None C. CONSIDER AND APPROVE RESOLUTION NO. 1263 TO ACCEPT STATE DEPARTMENT OF PARKS AND RECREATION PER CAPITA PROGRAM GRANT ALLOCATION IN THE AMOUNT OF $177,952 FROM THE OFFICE OF GRANTS AND LOCAL SERVICES (OGALS); AND CONSIDER TRANSFER STATE DEPARTMENT OF PARKS AND RECREATION PER CAPITA PROGRAM GRANT ALLOCATION OF $177,952 TO ROLLING HILLS ESTATES FOR IMPROVEMENTS TO THE GEORGE F. CANYON NATURE CENTER AND APPROVE RESOLUTION NO. 1265 TO TRANSFER THE PER CAPITA GRANT FUND ALLOCATION. City Manager Jeng reported on Resolution No. 1263 and No. 1265. 8 Minutes 4 City Council Regular Meeting November 23, 2020 Assistant City Attorney Abzug clarified to the City Council the actions being taken by the City Council with the two proposed resolutions. MOTION:It was moved by Councilmember Mirsch and seconded by Councilmember Wilson to approve Resolution No. 1263 and No. 1265. AYES:COUNCILMEMBERS: Mayor Pieper, Dieringer, Mirsch, Wilson, and Black. NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: None 9. NEW BUSINESS A.RECEIVE AND FILE LOS ANGELES COUNTY FIRE DEPARTMENT REPORT ON THE STATE OF THE EVACUATION ROUTES (PORTUGUESE BEND ROAD, CREST ROAD, EASTFIELD DRIVE) WITH RESPECT TO FIRE SAFETY; AND RECEIVE AND FILE COMMUNITY EVACUATION ROUTE SURVEY RESULTS. City Manager Jeng reported on the Community Evacuation Route Report and thanked the Fire Department for their efforts in meeting with the City on numerous occasions. Councilmember Black raised concern about the trees along the evacuation route that are a problem. Chief Hale commented on addressing the concerns and the importance to mitigate. B. DISCUSS AND PROVIDE DIRECTIONS TO STAFF FOR INSTALLATION OF NEWLY ELECTED CITY COUNCIL MEMBERS FROM THE NOVEMBER 3RD ELECTION. City Manager Jeng recommended that the City Council Meeting be held on December 14, 2020 to install new elected members. MOTION:It was moved by Mayor Pieper and seconded by Councilmember Mirsch to install the elected City Council members on December 14, 2020. AYES:COUNCILMEMBERS: Mayor Pieper, Dieringer, Mirsch, Wilson, and Black. NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: None C.DISCUSS SCHEDULING DECEMBER 28, 2020 CITY COUNCIL MEETING FOR THE APPROVAL OF THE REVISED HOUSING ELEMENT, INITIAL STUDY/NEGATIVE DECLARATION, GENERAL PLAN AMENDMENT AND ZONING AMENDMENT. City Manager Jeng recommended scheduling the City Council meeting on December 28, 2020. 9 Minutes 5 City Council Regular Meeting November 23, 2020 MOTION:It was moved by Councilmember Mirsch and seconded by Councilmember Wilson to schedule the City Council meeting on December 28, 2020 to discuss the revised Housing Element, Initial Study/Negative Declaration, General Plan Amendment and Zoning Amendment. AYES:COUNCILMEMBERS: Mayor Pieper, Dieringer, Mirsch, Wilson, and Black. NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: None 10. MATTERS FROM THE CITY COUNCIL AND MEETING ATTENDANCE REPORTS A. RECEIVE AND FILE AN UPDATE FROM THE ROLLING HILLS COMMUNITY ASSOCIATION (RHCA) ON MODIFICATIONS TO THE CREST ROAD EAST GATE AS RECOMMENDED BY THE LOS ANGELES COUNTY FIRE DEPARTMENT. (ORAL) Rolling Hills Community Association Manager (RHCA), Kristen Raig reported that on Friday, November 13, 2020, the automated gate located on Crest Road East is complete and operable. Mr. Visco commented on the functionality of the gate and questioned how residents would know if the gate is open. Councilmember Dieringer commented on the Weekly Memorandum recommending making the Fire Fuel Reduction Committee, not an Ad Hoc Committee but a Standing Committee. This item will be agendized on the December 14, 2020 City Council Meeting. Councilmember Dieringer would also like an update from Edison on the Eastfield Assessment District Project. City Manager Jeng stated that Edison will provide an invoice. However, Edison stated that they will not share the costs of their bids that they received. 11. MATTERS FROM STAFF A.5TH CYCLE HOUSING ELEMENT UPDATE. (ORAL) Planning Director Elguira reported that the December 28th City Council meeting is needed to meet CEQA requirements for the Housing Element and that the City received 144 ADU surveys (mailed hardcopies) and seven electronic surveys, as of November 23, 2020. B. TORRANCE AIRPORT REGIONAL PROJECT UPDATE. (ORAL) Planning Director Elguira reported that the Safe Clean Water Program approved funding for $906,000 to complete the final design for the Torrance Airport Regional Project. This funding is coming from Measure W. 10 Minutes 6 City Council Regular Meeting November 23, 2020 City Manager Jeng gave a brief history of the Torrance Airport project and reported that CalOES awarded grant to the City for vegetation management for approximately $300,000. 12. CLOSED SESSION: Began at 9:36PM A. EMPLOYEE PERFORMANCE EVALUATION GOVERNMENT CODE SECTION 54957 TITLE: CITY MANAGER 13. ADJOURNMENT Hearing no further business before the City Council, City Attorney Jenkins adjourned the meeting at 10:40 PM. Next regular meeting: Monday, December 14, 2020 at 7:00 p.m. via City's website's link at: https://www.rolling-hills.org/government/agenda/index.php Zoom access: https://us02web.zoom.us/j/87227175757?pwd=VzNES3Q2NFprRk5BRmdUSktWb0hm T9 or dial (669) 900-9128, meeting ID: 872 2717 5757, passcode: 780609 Respectfully submitted, ____________________________________ Elaine Jeng, P.E. Acting City Clerk Approved, ______________________________________ Jeff Pieper Mayor 11 Agenda Item No.: 4.B Mtg. Date: 12/14/2020 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:December 14, 2020 BACKGROUND: NONE. DISCUSSION: NONE. FISCAL IMPACT: NONE. RECOMMENDATION: APPROVE AS PRESENTED. ATTACHMENTS: Payment of Bills.pdf 12 13 14 Agenda Item No.: 4.C Mtg. Date: 12/14/2020 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:MEREDITH ELGUIRA, PLANNING DIRECTOR THRU:ELAINE JENG P.E., CITY MANAGER SUBJECT:REVIEW AND APPROVE PLANNING AND TRAFFIC COMMISSIONS RECRUITMENT AND APPOINTMENT SCHEDULE FOR TERMS EXPIRING IN JANUARY 2021. DATE:December 14, 2020 BACKGROUND: It is recommended that the City Council approve the proposed schedule for Planning and Traffic Commissioners appointments. DISCUSSION: Below is a list of the Planning Commissioner and Traffic Commissioner whose terms will expire in January 2021. The list also identifies the date of their original appointment. Name Commission Original Appointment Date Term Expiration Date Jana Cooley Planning Commission 11/14/2016 01/2021 Charlie Raine Traffic Commission 05/09/2016 01/2021 The Commissions appointment process for filling the expiring terms calls for the incumbents and public to be informed of the Commissions openings prior to the expiration of the Commissioners term. As noted in the appointment schedule, staff proposes to send letters to each incumbent advising them of the process to be considered for re-appointment; as well as post the notice at City Hall and advertise the openings in the City Blue Newsletter on December 2, 2020, December 23, 2020 and January 6, 2021. It also provides over four weeks of public notification to accommodate the upcoming holidays. 15 Once letters of interest for serving on the Commissions are received, staff will schedule interviews for the City Council Personnel Committee with the candidates. Attachment 1 is the schedule for the recruitment and appointment process. Attachment 2 is a sample of the official notification, per the Maddy Act, to be posted at City Hall on December 15, 2020. FISCAL IMPACT: None. RECOMMENDATION: It is recommended that the City Council approve the proposed schedule for Planning and Traffic Commissioners appointments. ATTACHMENTS: Tentative Commissioner Appointment Timeline.docx CommissionAppt Posting Attachment 2.docx 16 Attachment 1 Tentative Planning/Traffic Commission Appointment Schedule – Unscheduled Vacancy Dec. 14, 2020 City Council Reviews Appointment Timeline and directs changes as necessary Dec. 15, 2020 Letters mailed to incumbents advising of Commission reappointment process Dec. 16, 2020 Local Appointment List Posted at City Hall Dec. 2, 2020, Dec. 23, 2020, and Jan. 6, 2021 Notice of Planning/Traffic Commission Member recruitment in City Blue Newsletter and City Website (12/16/20) Jan. 29, 2021 5PM Due date for Letters of Interest in serving on Planning/Traffic Commission Feb. 10, 2021 or Feb. 17, 2021 6PM City Council Personnel Committee interviews Commission candidates (Councilmembers Leah Mirsch and Pat Wilson) Feb. 22, 2021 City Council appoints Commission Members for terms beginning in March 2021 Feb. 25, 2021 or Mar. 4, 2021 Staff conducts orientation for any new Commission members 17 Attachment 2 City of Rolling Hills INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 PLEASE POST City of Rolling Hills Local Appointments List of Positions on City Commissions for Calendar Year 2021 This list is prepared pursuant to Government Code § 54972 to inform residents of the City of Rolling Hills regarding opportunities that exist for appointment to City Commissions in calendar year 2021. A.Appointive Terms. The following is a list of all positions on the City’s Planning and Traffic Commissions for which the terms of office expire in 2021 and for which the City Council will be appointing or reappointing persons to fill those positions: PLANNING COMMISSION (4-year term) Position/Name of Incumbent Last Appt. Date Term Exp. First Name Last Name 1/2021 1/1/2025 The necessary qualification to be a member of the Planning Commission is to be a resident of the City of Rolling Hills at least 18 years of age (Rolling Hills Municipal Code § 2.20.025). TRAFFIC COMMISSION (4-year term) Position/Name of Incumbent Last Appt. Date Term Exp. First Name Last Name 1/2021 1/1/2025 The necessary qualification to be a member of the Planning Commission is to be a resident of the City of Rolling Hills at least 18 years of age (Rolling Hills Municipal Code § 10.08.010). B.List of Board, Commissions and Committees. The Planning Commission and Traffic Commission are the only permanent Commissions or Committees of the City of Rolling Hills. All members of these bodies are appointed by the City Council by the City Council and all serve at the pleasure of the City Council. The qualifications for the Planning Commission and Traffic Commission are listed in part A of the List. Prepared this 14th day of December 2020. By: _____________________________ Elaine Jeng, P.E. Title: Acting City Clerk 18 Agenda Item No.: 4.D Mtg. Date: 12/14/2020 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:ELAINE JENG, CITY MANAGER THRU:ELAINE JENG P.E., CITY MANAGER SUBJECT:PENINSULA CITIES JOINT LETTER TO THE LOS ANGELES COUNTY BOARD OF SUPERVISORS REQUESTING TO USE DATA AND STATISTICS FOR THE SOUTHBAY AREA TO MAKE DECISIONS ABOUT COVID-19. DATE:December 14, 2020 BACKGROUND: Many businesses across the Los Angeles County are struggling due to COVID-19 restrictions imposed by the Los Angeles County Public Health Department. The data and statistics used for decision making are based on countywide data. The Mayors of the four Peninsula Cities met recently and taking the lead on the matter, Rolling Hills Estates Councilmember proposed a joint letter to the Los Angeles County Board of Supervisors (BOS) to use the eight geographic areas for Los Angeles County as defined by the Department of Public Health to render decisions on COVID-19 restrictions. Decisions on COVID-19 restrictions should be based on the data and statistics of the each area instead of using countywide data. DISCUSSION: The joint letter presented data on the COVID-19 cases per thousand people by city, new daily COVID- 19 cases (7-day average), hospitalization rates, and death rates for the Southbay and compared the data to the countywide data. The joint letter expressed disagreement with the "one size fits all" approach and requested, once the recently issued State Order based on California's ICU capacities is lifted, that the BOS consider the Southbay COVID-19 data with respect to the countywide data and re-open outdoor dining facilities on the Peninsula as soon as possible. The joint letter was signed by the Mayors of Rolling Hills, Rolling Hills Estates, Rancho Palos Verdes, and Palos Verdes Estates and emailed to BOS on Wednesday, December 9, 2020. FISCAL IMPACT: There is no fiscal impact to the City to join the Peninsula cities in sending the letter to BOS. RECOMMENDATION: RECEIVE AND FILE. 19 ATTACHMENTS: Letter to BOS re Restaurant Policy FINAL 12-7-20_RHE_RH_RPV_PVE.pdf 20 December 7, 2020 The Honorable Kathryn Barger and Members of the Board of Supervisors Los Angeles County Board of Supervisors 500 W. Temple Street Los Angeles, CA 90012 Dear Honorable Chair Barger and Members of the Board of Supervisors, We, the four cities on the Palos Verdes Peninsula, firmly joined together by a common cause, are writing to you today to request you to follow science and, more importantly, data and statistics to make decisions about COVID- 19 across our Los Angeles County (County). We support our colleagues throughout 88 cities of the County who oppose your decision. In strong terms, we also support our South Bay COG's position, which in a letter on December 1, 2020, highlighted the importance of a decentralized approach to the pandemic response. Before many cities and regions consider forming their own health departments, we ask for the restructuring of the County Health Department's governance to fit the mission described on its web site. Los Angeles County, the size of Delaware and Rhode Island combined, is the largest populated County in the United States, and larger in population than 41 individual states. As such, a “one size fits all” approach to policymaking is simply not workable and has become untenable. As you know, the County of Los Angeles Public Health's web site states, "Due to the large size of LA County (4,300 square miles), it has been divided into eight geographic areas (Service Planning Areas ((SPA)). These distinct regions allow the Department of Public Health to develop and provide more relevant public health and clinical services targeted to the specific health needs of the residents in these different areas." We agree and urge the Department of Public Health to begin implementing COVID-19 responses by area. We respectfully request that each district collects precise data for its respective district to "provide more relevant public health and clinical services targeted to the specific health needs of the residents in these different areas." This precision already in place is all we ask to govern and serve our communities better. The undersigned are elected representatives of jurisdictions located in "District 8 (South Bay)." Our geographic, demographic, and pandemic realities are substantially different than other districts in this vast and beautiful County. The County’s decisions ignore these realities. To be specific and to use the County data, here is how our jurisdictions compare to others. The City of Torrance prepared the chart below for the majority of jurisdictions in District 8. This chart makes it abundantly clear our realities compared to those of the County at large. 21 To further illustrate our point, we highlight a few specific comparisons in District 8 from the beginning of the pandemic to November 22. This data presumably became the basis to shut all outdoor dining in the County without regard to the science and data shown on the chart below. While this data represented your decision point last week, our current data as of yesterday does not show much change at all. Our constituents want to know why their excellent work of reasonably controlling the pandemic by following mitigation measures of wearing a mask, socially distancing, and their businesses investing in protective equipment and diligent sanitation is being punished. 22 Every death is tragic; however, our death rates, compared to other deaths from various causes, are also statistically negligible. For example, the COVID-19 attributed death rate per capita on the Palos Verdes Peninsula is extremely low: Rancho Palos Verdes is 0.03%, Palos Verdes Estates is 0.01%, Rolling Hills Estates is 0.04%, and Rolling Hills is 0.00%. Our hospitalization rates are also different. We do not suffer from the lack of beds or ICU capacity in our world- class hospitals like Torrance Memorial, Providence Little Company of Mary, etc. The image below for the South Bay region (District 8) is currently reporting nearly two new cases per 100 hospital beds, which is among the lowest of the region. In the summer surge, the South Bay region number was closer to three. 23 We expect policy decisions affecting our community to be based on our jurisdictions' statistics rather than the County's collective data. We, as a vast County, must reverse this course. Every signatory to this letter respects you all. We have a tradition of working with you in co ntract cities as well as independent cities. We also understand your concerns. By our requests, we do not question your heart. We suggest that we need to learn to live with this deadly virus rather than hide from it indefinitely. We seek collaboration as opposed to competition with your policy. The County's actions are devastating our communities, especially our communities who need the most employment and economic stability. Our small businesses are our backbone. While disproportionately allowing large companies to operate, you have made it impossible for small businesses, in this case, mostly restaurants, to continue their existence. Our chefs, servers, kitchen staff depend on their wages and tips to feed their families. To the extent that funds are available, we urge you to work with the Governor to use some of the unexpected tax proceeds of $26 billion to provide relief to small businesses and restaurants that are struggling to survive. Our local jurisdictions, especially those that are "low, low" property tax cities, rely on sales tax revenue to provide local services. Some of these services under the contracting model are provided by the Cowity for a fee. While the County takes close to 25% of the property tax revenue ( not counting County related special districts revenues for another 25%), most of our "low, low" property tax cities receive less than 7%. The County's actions are also devastating to our cities. Unfortunately, there is no data to support your last decision countywide, much less in our jwisdictions. We have seen no evidence that outdoor dining is the cause of any COVID case surge in various parts of the County. The City of Pasadena chose science and data over your decision. We in District 8 ask for the same treatment as Pasadena, which is located in the same County. While we disagree with the state's "one sizes fits all" approach, we understand that the County is currently operating under the state's Stay-at-Home Order for the Southern California Region due to ICU bed capacity. When the state's Order is lifted, we respectfully ask that you act on our request for a regional approach using regional data. In particular, we expect the re-opening of our outdoor dining facilities as soon as possible. Failing to do so is causing some cities to explore constituting their own health departments. Respectfully, David McGowan, Eric Alegria City of Palos Verdes Estates, Mayor City of Rancho Palos Verdes, Mayor .·tfk Jeff Pieper Velveth Schmitz City of Rolling Hills, Mayor City of Rolling Hills Estates, Mayor 24 Agenda Item No.: 5.A Mtg. Date: 12/14/2020 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:ELAINE JENG, CITY MANAGER THRU:ELAINE JENG P.E., CITY MANAGER SUBJECT:NOVEMBER 3, 2020 GENERAL MUNICIPAL ELECTION CERTIFICATION OF ELECTION RESULTS. DATE:December 14, 2020 BACKGROUND: On November 3, 2020, a General Municipal Election was held in the City of Rolling Hills for the purpose of electing two members of the City Council. The election was consolidated and conducted by the Los Angeles County Registrar-Recorder/County Clerk. DISCUSSION: On November 30, 2020, the Los Angeles County Registrar-Recorder/County Clerk completed the canvass of ballots; and on December 7, 2020, provided the City with a Certificate of the Canvass of the Election Returns and Official Statement of Votes Cast (Exhibit A). Upon receipt of the election results from the County, California Election Code 10262 and 10263 require that the City Clerk certify the results to the City Council and that the City Council adopt a resolution declaring the results of the election. The attached resolution (Resolution 1266) incorporates Exhibit A (Certificate of the Canvass of the Election Returns and Official Statement of Votes Cast) and declares the results of the election. Upon adoption of the Resolution 1266, the newly elected Council members will be given the Oath of Office and will assume office immediately. FISCAL IMPACT: The cost of the consolidated election will be provided by the Los Angeles County Registrar- Recorder/County Clerk in the coming months. The City Council approved a budget of $30,000 in the FY 2020-2021 for the consolidated election. RECOMMENDATION: Staff recommends that the City Council adopt Resolution 1266 declaring the results of the General Municipal Election held on November 3, 2020 and taking such further actions as provided by law to 25 complete the election process. ATTACHMENTS: Election_Official Statement of Votes Cast.pdf Resolution No1266-Election Certification November 3 2020.pdf 26 27 28 29 Resolution No. 1266 1 RESOLUTION NO. 1266 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA DECLARING THE RESULTS OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 3, 2020 AND TAKING SUCH FURTHER ACTIONS AS PROVOIDED BY LAW TO COMPLETE THE ELECTION PROCESS THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA, RESOLVES AS FOLLOWS: Section 1. Findings. The City Council finds as follows: A. The City held a general municipal election on Tuesday, November 3, 2020. B. Notice of the election was given in time, form and manner as provided by law; voting precincts were properly established; election officers were appointed and in all respects the election was held and conducted and the votes were cast, received and canvassed and the returns made and declared in time, form and manner as required by the provisions of the Elections Code of the State of California for the holding of elections in general law cities. C. Pursuant to applicable City Council resolutions, the Registrar-Recorder of the County of Los Angeles canvassed the returns of the election and has certified the results, which are attached as Exhibit A. Section 2. Ballots Cast. The number of precinct ballots cast in the City, except vote by mail ballots was 302. The number of vote by mail ballots cast in the City was 1,046, resulting in a total of 1,348 ballots cast in the City. Section 3. Candidates on Ballots. The names of persons voted for at the election for two members of the City Council of the City are as follows: Arun Able Bhumitra Jeff Pieper Beatriz Dieringer Section 4. Tabulations of Results. The number of votes given at each precinct and the number of votes given in the City to each of the persons above named and for and against the measure are attached as Exhibit A. Section 5. Declaration of Results. Based upon the election results set forth in Exhibit A, the City Council declares: a. Bea Dieringer was elected as Member of the City Council of the City for the full term of four years. b. Jeff Pieper was elected as Member of the City Council of the City for the full term of four years. Section 6. Statement of Results. The City Clerk is directed to enter on the records of the City Council of the City, a statement of the results of the election, showing: (1) The whole number of votes cast in the City; (2) The names of the persons voted for; (3) For what office each person was voted for; (4) The number of votes given at each precinct to each person; (5) The number of votes given in the City to each person. Section 7. Certificates of Elections; Oath of Office. The City Clerk is directed to prepare and deliver to each of the persons so elected a Certificate of Election signed by the City Clerk and duly authenticated. The City Clerk is further directed to administer to each person elected the Oath of 30 Resolution No. 1266 2 Office prescribed in the State Constitution of the State of California and have them subscribe to it and file it in the Office of the City Clerk. Section 8. The City Clerk is directed to certify to the passage and adoption of this Resolution and enter the same in the book of original Resolutions. PASSED, APPROVED, AND ADOPTED this 14th day of December, 2020. ______________________________ JEFF PIEPER MAYOR ATTEST: ___________________________ ELAINE JENG, P.E. ACTING CITY CLERK 31 Resolution No. 1266 3 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS ) The foregoing Resolution No. entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA DECLARING THE RESULTS OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 3, 2020 AND TAKING SUCH FURTHER ACTIONS AS PROVOIDED BY LAW TO COMPLETE THE ELECTION PROCESS. was approved and adopted at a regular meeting of the City Council on the 14th day of December, 2020, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ___________________________ ELAINE JENG, P.E. ACTING CITY CLERK 32 33 34 Agenda Item No.: 7.A Mtg. Date: 12/14/2020 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:ELAINE JENG, CITY MANAGER THRU:ELAINE JENG P.E., CITY MANAGER SUBJECT:CITY COUNCIL REORGANIZATION DATE:December 14, 2020 BACKGROUND: The California Voters Participating Rights Act prohibits a political subdivision from holding an election other than on a statewide election date. The Act required cities to move their elections to even number years to increase voter turnout. DISCUSSION: Municipal Election in the past have been held in March. Accordingly, the City of Rolling Hills City Council has reorganized typically in the month of March. The last reorganization took place on April 13, 2020. In compliance with the California Voters Participation Rights Act, the recent municipal election in Rolling Hills was held on November 3, 2020. With the changes brought about by the Act, below are several options presented by City Councilmembers for reorganization going forward: Option 1: No change, continue to reorganize in the month of March or April until such time an incumbent is no longer in office. Option 2: No reorganization in December 2020. Reorganize in April 2021; reorganize in April 2022 and reorganize in December 2022. Option 3: Shorten the mayoral term from 12 months to 11 months for the current mayor, the next mayor, the following mayor, and the mayor after. This would result in the following reorganization schedules: reorganize in March 2021; reorganize in February 2022; reorganize in January 2023; and reorganize in December 2024. FISCAL IMPACT: 35 There no fiscal impact to City Council reorganization. RECOMMENDATION: Review reorganization options presented by Councilmembers and take action. ATTACHMENTS: 36 Agenda Item No.: 9.A Mtg. Date: 12/14/2020 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:MEREDITH ELGUIRA, PLANNING DIRECTOR THRU:ELAINE JENG P.E., CITY MANAGER SUBJECT:ADOPT AN ORDINANCE OF THE CITY OF ROLLING HILLS PROHIBITING SMOKING IN AND ON PUBLIC PROPERTY AND IN AND ON PRIVATE EASEMENTS, ROADS, AND TRAILS BY ADDING CHAPTER 8.40 (SMOKING PROHIBITED) TO TITLE 8 (HEALTH AND SAFETY) OF THE ROLLING HILLS MUNICIPAL CODE; AND FINDING THE SAME EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT DATE:December 14, 2020 BACKGROUND: At the November 23, 2020 City Council meeting, the City Council discussed a draft ordinance adding regulations prohibiting smoking and its potential fire risks posed to the community. Staff was directed to respond to the Council's comments at the meeting and finalize the ordinance for adoption. DISCUSSION: The City Attorney drafted Ordinance No. 365 proposing to ban smoking in public places and on private easements, roads, and trails by adding Chapter 8.40 Smoking Prohibited to Title 8 Health and Safety of the City of Rolling Hills Municipal Code. The ordinance will ban smoking on public property, private easements, roads and trails. It will reduce fire hazards in a high fire severity zone. The proposed amendments will protect public health, safety and welfare of the community. FISCAL IMPACT: The fees for legal counsel to review and address the resident's request for municipal code changes and the drafting of ordinance are funded by FY 2020-21 approved budget for legal services. RECOMMENDATION: Waive full reading of the ordinance and introduce on first reading the ordinance of the City Council of the City of Rolling Hills adding Chapter 8.40 (Smoking Prohibited); and finding the same exempt from 37 CEQA. ATTACHMENTS: 365 Smoking Ban-c1.docx 38 ORDINANCE NO. 20-365 AN ORDINANCE OF THE CITY OF ROLLING HILLS PROHIBITING SMOKING IN AND ON PUBLIC PROPERTY AND IN AND ON PRIVATE EASEMENTS, ROADS, AND TRAILS BY ADDING CHAPTER 8.40 (SMOKING PROHIBITED) TO TITLE 8 (HEALTH AND SAFETY) OF THE ROLLING HILLS MUNICIPAL CODE; AND FINDING THE SAME EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Findings. A.Tobacco use causes death and disease and continues to be an urgent public health challenge, as evidenced by the fact that approximately 480,000 people die prematurely in the United States from smoking-related diseases every year. B.Exposure to secondhand smoke causes death and disease, as evidenced by the fact that secondhand smoke is responsible for approximately 41,000 deaths each year in the United States. C.Laws restricting use of electronic smoking devices also have benefits to the public as evidenced by the fact that the State of California’s Tobacco Education and Research Oversight Committee “opposes the use of e-cigarettes in all areas where other tobacco products are banned.” D.State law prohibits smoking in certain areas, such as in certain publicly owned buildings, and expressly authorizes local communities to enact additional restrictions, including authority to completely ban smoking (Health & Safety Code §118910). E.There is broad public recognition of the dangers of secondhand smoke and support for smoke free air laws. As of January 2015, there were at least 382 California cities and counties with local laws restricting smoking in recreational areas, 101 with local laws restricting smoking in all outdoor dining places, and 126 with local laws restricting smoking within 20 feet (or more) of entryways. Further, as of March 2018, there were at least 104 California cities and counties with comprehensive outdoor secondhand smoke ordinances. Lastly, as of July 1, 2018, at least 120 local jurisdictions in California prohibited the use of electronic smoking devices in specific locations. F.Cigarettes are a major and persistent source of litter as they are often cast onto sidewalks and streets and frequently end up in streams, rivers, bays, lagoons, and ultimately the ocean. 39 G.As many as 90 percent of wildland fires in the United States are caused by people, according to the U.S. Department of Interior. Some human-caused fires result from campfires left unattended, downed power lines, and negligently discarded cigarettes. H.The City of Rolling Hills has been designated a “Very High Fire Severity Zone.” I.The City has already taken actions to reduce and address the risk of fires within the City, such as adopting a Fire Fuel Abatement Ordinance (Rolling Hills Municipal Code Chapter 8.30) to reduce the amount of dead vegetation within the City and adopting a Community Wildfire Protection Plan. J.Still, in 2020 alone, six of the top twenty largest California wildlife fires have occurred, according to CalFire. Strong wind conditions, dry weather, and dry and dense vegetation contributed to the fire and loss of approximately 115,796 acres in the Bobcat Fire in Los Angeles County, 33,424 acres in the Apple Fire in Riverside County, and 22,744 acres in the El Dorado Fire in San Bernardino County. K.These fires have resulted in tragic loss of life along with enormous property losses. L.The City Council finds that smoke-free public property and smoke-free private easements, roads, and trails will improve air quality and reduce fire hazards within the City; it will reduce the risk that persons are subjected to inhaling second hand smoke and also reduce the risk that lit, heated, or ignited cigars, cigarettes, pipes, electronic smoking devices, or any other lit, heated, or ignited tobacco or plant products will be used, discarded, or left unattended by persons on such property. M.The City Council wishes to amend the Municipal Code to address the health and fire hazards by identifying areas within the City where smoking is prohibited. SECTION 2. Title 8 (Health and Safety) is hereby amended by adding Chapter 8.40 (Smoking Prohibited) to read as follows: CHAPTER 8.40 SMOKING PROHIBITED. 8.40.010 Definitions For purposes of this chapter, the following terms shall have the following meanings: "Electronic smoking device" means an electronic device that can be used to deliver an inhaled dose of nicotine, or other substances, including any component, part, or accessory of such device, whether or not sold separately. This definition includes any such device, whether manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an electronic 40 cigarillo, an electronic pipe, an electronic hookah, or any other product name or descriptor, including any component, part or accessory of such device, whether or not sold separately. "Public property" means any indoor or outdoor public property, including, but not limited to, any publicly owned buildings, parking lots, riding rings, tennis courts, parks, roads, streets, and sidewalks. “Smoking” means inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe, or any other lighted or heated tobacco or plant product intended for inhalation, whether natural or synthetic, in any manner or in any form. “Smoking” includes the use of an electronic smoking device that creates an aerosol or vapor, in any manner or in any form, or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking. 8.40.020 Smoking in and on public property prohibited. In addition to all places where smoking is prohibited under state or federal law, in which case those laws apply, no person shall smoke in or on any public property. Such prohibition extends to smoking in vehicles on public property. 8.40.030 Smoking in and on private easements, roads, and trails prohibited. In addition to all places where smoking is prohibited under state or federal law, in which case those laws apply, no person shall smoke in or on any private easement, road, or trail. Such prohibition extends to smoking in vehicles on any private easement, road, or trail. 8.40.040 Violation—Penalty. Violations of this Chapter may be punished as a misdemeanor or infraction at the discretion of the city attorney or city prosecutor in accordance with Chapter 1.08 of this Code. SECTION 3: CEQA. This ordinance was assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA) and the State CEQA Guidelines. The City Council hereby finds that under Section 15061(B)(3) of the State CEQA Guidelines, this ordinance is exempt from the requirements of CEQA because it can be seen with certainty that the provisions contained herein would not have the potential for causing a significant effect on the environment. It also finds the ordinance is exempt from the requirements of CEQA pursuant to CEQA Guidelines Sections 15307 and 15308 as an action by a regulatory agency taken to protect the environment and natural resources. SECTION 4: Effective Date. This ordinance shall take effect thirty days after its passage and adoption pursuant to California Government Code section 36937. 41 SECTION 5: Certification. The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of Rolling Hills’ book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law. PASSED, APPROVED, AND ADOPTED THIS 14 day of December, 2020. AYES:Councilmember: NOES:Councilmember: ABSENT:Councilmember: ABSTAIN: Councilmember: Jeff Pieper, Mayor ATTEST: Elaine Jeng, Acting City Clerk 42 Agenda Item No.: 9.B Mtg. Date: 12/14/2020 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:MEREDITH ELGUIRA, PLANNING DIRECTOR THRU:ELAINE JENG P.E., CITY MANAGER SUBJECT:ADOPT ORDINANCE NO. 367 OF THE CITY OF ROLLING HILLS, CALIFORNIA, REPEALING SECTIONS 10.12.050 (AUTHORITY OF GATE GUARDS) AND 10.12.060 (UNAUTHORIZED TRAFFIC DIRECTION PROHIBITED) OF CHAPTER 10.12 (TRAFFIC ENFORCEMENT AUTHORITY) OF TITLE 10 (VEHICLES AND TRAFFIC); AND AMENDING CHAPTER 9.40 (TRESPASS) AND CHAPTER 9.44 (ENTERING PRIVATE PROPERTY UNDER FALSE PRETENSES) OF TITLE 9 (PUBLIC PEACE, MORALS AND WELFARE) OF THE ROLLING HILLS MUNICIPAL CODE; AND FINDING THE SAME EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. DATE:December 14, 2020 BACKGROUND: On November 23, 2020, the City Council directed staff to finalize Ordinance No. 367 repealing Sections 10.12.050 and 10.12.060 and amending Chapters 9.40 and 9.44 of the Municipal Code for adoption. The proposed amendments stem from a local resident's, Mr. Hawkins, request to amend the Code. The City's legal counsel reviewed the request and drafted the proposed ordinance addressing concerns about trespassing and authority of gate guards. In addition, legal counsel has incorporated the City Council's recommended changes from the November 23, 2020 meeting. DISCUSSION: The proposed ordinance proposes to repeal Sections 10.12.050 and 10.12.060 of Chapter 10.12 (Traffic Enforcement Authority) of Title 10 (Vehicles and Traffic) and amends Chapter 9.40 (Trespass) and Chapter 9.44 (Entering Private Property Under False Pretenses of Title 9 (Public Peace, Morals and Welfare) of the Rolling Hills Municipal Code. It was determined by legal counsel that majority of Mr. Hawkin's proposed changes to the Municipal Code are already addressed by Penal Code Section 602. The attached ordinance, for the City Council's consideration, is the proposed changes by legal counsel that address the concerns that the City's Trespass provisions are insufficient. Lastly, in response to the City Council's concerns regarding private property and public property, the final draft has incorporated new language addressing Council's concerns. 43 FISCAL IMPACT: The fees for legal counsel to review and address the resident's request for municipal code changes and the drafting of ordinance are funded by FY 2020-21 approved budget for legal services. RECOMMENDATION: Waive full reading of the ordinance and introduce on first reading the ordinance of the City Council of the City of Rolling Hills repealing sections 10.12.050 and 10.12.060 and amending Chapter 9.40 and Chapter 9.44 of the Rolling Hills Municipal Code; and finding the same exempt from CEQA. ATTACHMENTS: 367 Regulating Trespass and Repealing Gate Attendant Sections-c1.doc 44 1 ORDINANCE NO. 367 AN ORDINANCE OF THE CITY OF ROLLING HILLS, CALIFORNIA, REPEALING SECTIONS 10.12.050 (AUTHORITY OF GATE GUARDS) AND 10.12.060 (UNAUTHORIZED TRAFFIC DIRECTION PROHIBITED) OF CHAPTER 10.12 (TRAFFIC ENFORCEMENT AUTHORITY) OF TITLE 10 (VEHICLES AND TRAFFIC); AND AMENDING CHAPTER 9.40 (TRESPASS) AND CHAPTER 9.44 (ENTERING PRIVATE PROPERTY UNDER FALSE PRETENSES) OF TITLE 9 (PUBLIC PEACE, MORALS AND WELFARE) OF THE ROLLING HILLS MUNICIPAL CODE NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES ORDAIN AS FOLLOWS: SECTION 1. Section 10.12.050 (Authority of Gate Guards) of Chapter 10.12 (Traffic Enforcement Authority) of Title 10 (Vehicles and Traffic) of the Rolling Hills Municipal Code is hereby repealed. SECTION 2. Section 10.12.060 (Unauthorized traffic direction prohibited) of Chapter 10.12 (Traffic Enforcement Authority) of Title 10 (Vehicles and Traffic) of the Rolling Hills Municipal Code is hereby repealed. SECTION 3. Chapter 9.40 (Trespass) of Title 9 (Public Peace, Morals and Welfare) of the Rolling Hills Municipal Code is amended to read as follows: Chapter 9.40 – TRESPASS 9.40.010 – Definitions. A.For the purposes of this chapter, “private property” is defined to be any real property, including but not limited to, buildings, structures, yards, open spaces, walkways, courtyards, driveways, carports, parking areas, vacant lots and easements, private roads, and trails, except land which is owned or lawfully possessed by any governmental entity or agency. B.For the purposes of this chapter, “public property” is defined to be any real property, including but not limited to, buildings, structures, yards, open spaces, walkways, courtyards, driveways, carports, parking areas, vacant lots and easements, roads, and trails, which is owned or lawfully possessed by any governmental entity or agency. 9.40.020 - Unauthorized remaining on property prohibited. No person shall remain upon any public or private property after being notified by the owner, lessee, person in charge thereof, or any person 45 2 authorized to restrict such property, or by a Sheriff’s deputy acting at the request of any such person, to remove therefrom. 9.40.030 - Unauthorized entrance on property prohibited. No person, without the permission, express or implied, of the owner of, lessee of, person in charge of, or person authorized to impose restrictions on public or private property shall enter upon such property after having been notified by the owner of, lessee of, person in charge of, any person authorized to impose restrictions on such property, or by a Sheriff’s deputy acting at the request of any such person, to keep off or keep away therefrom. 9.40.040 - Unauthorized removal from property prohibited. No person, without the permission, express or implied, of the owner of, lessee of, person in charge of, or person authorized to impose restrictions on public or private property shall enter upon such property to damage, destroy, or remove, or cause to be damaged, destroyed, or removed, any stakes, fences, or signs intended to designate the boundaries and limits of any such property. 9.40.050 - Violation—Penalty. Violations of this Chapter may be punished as a misdemeanor or infraction at the discretion of the city attorney or city prosecutor in accordance with Chapter 1.08 of this Code. 9.40.060 – Exceptions. The provisions of this chapter shall not apply in any of the following instances: A. When its application results in or is coupled with an act prohibited by any provision of law relating to prohibited discrimination against any person on account of sex, race, color, religion, creed, ancestry, national origin, disability, medical condition, marital status, or sexual orientation. B.When its application would result in an interference with or inhibition of peaceful labor picketing or other lawful labor activities. C. When its application would result in an interference with or inhibition of activities protected by the California or United States constitutions, including, but not limited to free speech and freedom of assembly rights, if any. 46 3 SECTION 4. Chapter 9.44 (Entering Private Property Under False Pretenses) of Title 9 (Public Peace, Morals and Welfare) of the Rolling Hills Municipal Code is amended to read as follows: Chapter 9.44 - ENTERING PROPERTY UNDER FALSE PRETENSES 9.44.010 - Definitions. A.For the purposes of this chapter, “private property” is defined to be any real property, including but not limited to, buildings, structures, yards, open spaces, walkways, courtyards, driveways, carports, parking areas, vacant lots and easements, private roads, and trails, except land which is owned or lawfully possessed by any governmental entity or agency. B.For the purposes of this chapter, “public property” is defined to be any real property, including but not limited to, buildings, structures, yards, open spaces, walkways, courtyards, driveways, carports, parking areas, vacant lots and easements, roads, and trails, which is owned or lawfully possessed by any governmental entity or agency. 9.44.020 - Giving false information to property owners prohibited when. It is unlawful for any person to willfully give false information to, or to deceive by any other means, any owner of, lessee of, person in charge of, or person authorized to impose restrictions on public or private property, for the purpose of gaining permission to enter or use such property. 9.44.030 - Violation—Penalty. Violations of this Chapter may be punished as a misdemeanor or infraction at the discretion of the city attorney or city prosecutor in accordance with Chapter 1.08 of this Code. 9.44.040 – Exceptions. The provisions of this chapter shall not apply in any of the following instances: A. When its application results in or is coupled with an act prohibited by any provision of law relating to prohibited discrimination against any person on account of sex, race, color, religion, creed, ancestry, national origin, disability, medical condition, marital status, or sexual orientation. B.When its application would result in an interference with or inhibition of peaceful labor picketing or other lawful labor activities. C. When its application would result in an interference with or inhibition of activities protected by the California or United States constitutions, including, but not limited to free speech and freedom of assembly rights, if any. 47 4 SECTION 5.The City Council hereby finds and determines that this ordinance is exempt from the requirements of the California Environmental Quality Act pursuant to Section 15061(b)(3) (“Common Sense Exemption”) of the CEQA Guidelines as it can be said with certainty that there will be no environmental impact from the provisions associated with this ordinance. SECTION 6. This ordinance shall take effect thirty days after its passage and adoption pursuant to California Government Code section 36937. SECTION 7. The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of Rolling Hills’s book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law. PASSED, APPROVED and ADOPTED this 14 day of December, 2020. VOTE:AYES: NOES: ABSTAIN: ABSENT: ______________________________ MAYOR, Jeff Pieper ATTEST: ______________________________ Acting City Clerk, Elaine Jeng 48 Agenda Item No.: 9.C Mtg. Date: 12/14/2020 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:MEREDITH ELGUIRA, PLANNING DIRECTOR THRU:ELAINE JENG P.E., CITY MANAGER SUBJECT:ADOPT ORDINANCE NO. 368 AMENDING TITLE 17 (ZONING) OF THE CITY OF ROLLING HILLS MUNICIPAL CODE TO ADD CHAPTER 17.48 (TEMPORARY USE PERMITS) ESTABLISHING REGULATIONS OF CERTAIN TEMPORARY USES WITHIN THE CITY; AND FINDING THE SAME EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. DATE:December 14, 2020 BACKGROUND: On November 19, 2020, the Planning Commission adopted a resolution recommending that the City Council adopt the proposed ordinance amending Title 17. The proposed ordinance resulted from the Planning Commission's recommendations to staff to establish regulations requiring approval of temporary uses relating to construction or other activities that might not meet the normal development or use standards of the applicable zoning district. The proposed ordinance provides staff with the authority to review and approve, with conditions, such proposed uses. DISCUSSION: The proposed ordinance establishes standards for construction related temporary uses such as construction fences, construction offices, storage containers, portable toilets, construction power poles and construction materials. The Municipal Code currently does not have any existing standards that regulate construction uses and thus, many of the construction related uses tend to stay on site for extended period of time even without construction activities occurring. Some construction sites in the City have fences that have been up for years even when construction activities do not require construction fences. Construction fences are usually required by the RHCA or the contractors' insurance providers. Building and Safety requires construction fences when the site has been deemed hazardous. Adopting the proposed ordinance would allow staff to review the proposed uses, advise improvements, impose time limits, ensure compatibility with the surrounding uses and minimize or avoid visual blight in the community. The ordinance will apply to existing temporary construction uses currently in place at construction sites. The proposed ordinance took into consideration recommendations from the Association, Building and Safety and residents. 49 FISCAL IMPACT: The fees for legal counsel to review and address the resident's request for municipal code changes and the drafting of ordinance are funded by FY 2020-21 approved budget for legal services. RECOMMENDATION: Waive full reading of the ordinance and introduce on first reading the ordinance of the City Council of the City of Rolling Hills amending Title 17 (Zoning) of the City of Rolling Hills Municipal Code to add Chapter 17.48 (Temporary Use Permits) establishing regulations of certain temporary uses within the City; and finding the same exempt from CEQA. ATTACHMENTS: Ordinance 368 Temporary Use Permits.docx 50 65277.00001\33367195.1 Page 1 of 7 ORDINANCE NO.368 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA AMENDING TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE TO ADD CHAPTER 17.48 (TEMPORARY USE PERMITS) ESTABLISHING A PROCESS BY WHICH PERSONS CAN REQUEST A SHORT TERM USE THAT IS ACCEPTABLE BECAUSE OF ITS TEMPORARY NATURE AND DETERMINING THE ORDINANCE TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. RECITALS A.The City desires to amend its municipal code to establish a process for reviewing proposed temporary uses to ensure that basic health, safety, and community welfare standards are met, while approving suitable temporary uses with the minimum necessary conditions or limitations consistent with the temporary nature of the activity; B.Staff and the City Attorney prepared the proposed ordinance, including the proposed language and terminology and any additional information and documents deemed necessary for the Planning Commission to take action; C.On November 7, 2020, the City gave public notice of the November 19, 2020 public hearing to be held by the Planning Commission on the proposed ordinance by publishing notice in the Torrance Daily Breeze a newspaper of general circulation; D.On November 19, 2020, the Planning Commission held a duly-noticed public hearing and considered the staff report, recommendations by staff, and public testimony concerning the proposed ordinance. It adopted a resolution recommending that the City Council adopt the proposed ordinance; E.On December 2, 2020 the City gave public notice of the December 14, 2020 public hearing to be held by the City Council on the proposed ordinance to be considered by publishing notice in the Torrance Daily Breeze a newspaper of general circulation; and F.December 14, 2020, the City Council held a duly-noticed public hearing and considered the staff report, recommendations by staff, and public testimony concerning the proposed ordinance. THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES HEREBY ORDAIN AS FOLLOWS: Section 1.Title 17 (Zoning) of the Rolling Hills Municipal Code is amended to add Chapter 17.48 (Temporary Use Permits) to read as follows: 51 65277.00001\33367195.1 Page 2 of 7 Chapter 17.48 Temporary Use Permits 17.48.010 Purpose This chapter provides a process for reviewing proposed temporary uses to ensure that basic health, safety, and community welfare standards are met, while approving suitable temporary uses with the minimum necessary conditions or limitations consistent with the temporary nature of the activity. A temporary use permit allows short-term activities that might not meet the normal development or use standards of the applicable zoning district, but may otherwise be acceptable because of their temporary nature. However, these activities should be regulated to avoid incompatibility between the proposed activity and surrounding areas. 17.48.020 Applicability. A. Permit Requirement. A temporary use permit approved by the applicable review authority shall be required for all uses identified in Section 17.48.040 (Allowed Temporary Uses), and shall be issued before the commencement of the activity. B. Exempt Activities. Emergency public health and safety activities are exempt from the requirement for a temporary use permit and other city approval. 17.48.030 Review Authority. Director Review (Temporary Uses). The Planning and Community Services Director (“Director”) shall be responsible for the review and approval of all permits for temporary uses identified in Section 17.48.040 (Allowed Temporary Uses), and the extension of these permits. 17.48.040 Allowed Temporary Uses. The following temporary uses may be allowed, subject to the issuance of a temporary use permit by the applicable review authority. A. Temporary Structures for Active Construction Sites and Time Periods. 1. Temporary Construction Fences. A temporary construction fence is permitted, provided the construction activity is occurring and it is occurring outside of the structure or on the exterior of the structure on the subject property. A temporary construction fence is permitted for an initial period of 6 months. The use may be renewed for subsequent time periods of up to 6 months each at the discretion of the applicable review authority. 2. Temporary Construction Offices. A temporary construction office is permitted, provided the construction activity is occurring. A temporary construction office is permitted for an initial period of 6 months. The use may be renewed for 52 65277.00001\33367195.1 Page 3 of 7 subsequent time periods of up to 6 months each at the discretion of the applicable review authority. 3. Temporary Construction Storage Containers. One temporary construction storage container (up to 8 feet wide and 40 feet long) is permitted, provided the construction activity is occurring. A temporary construction storage container is permitted for an initial period of 6 months. The use may be renewed for subsequent time periods of up to 6 months each at the discretion of the applicable review authority. 4. Temporary Self-Contained Portable Toilets. A temporary self-contained portable toilet is permitted, provided the construction activity is occurring. A temporary self-contained portable toilet is permitted for an initial period of 6 months. The use may be renewed for subsequent time periods of up to 6 months each at the discretion of the applicable review authority. 5. Temporary Construction Power Pole. A temporary construction power pole is permitted, provided the construction activity is occurring. A temporary construction power pole is permitted for an initial period of 6 months. The use may be renewed for subsequent time periods of up to 6 months each at the discretion of the applicable review authority. B. Temporary Structures for Non-Active Construction Sites and Time Periods. 1. Storage. Temporary, portable storage units, such as PODs or U-PACKS, are allowed to be located on driveways for no more than a week. 2. Self-Contained Portable Toilets a. A temporary self-contained portable toilet is permitted, during interruption of sewer or septic service for emergencies or planned upgrades/repairs. The use of self-contained portable toilets is limited to the time period of the interruption of sewer or septic service. b. A temporary self-contained portable toilet is permitted, during special events such as wedding receptions or family reunions on private property. The use of self-contained portable toilets is limited to four calendar days or less. 3. Stockpiling. Temporary storage of clean dirt, sand, gravel, or similar non- polluting materials for a limited period of time, on a property where such material is not proposed to be used for construction activities. C. Similar Temporary Uses. Similar temporary uses which, in the opinion of the review authority, are compatible with the zoning district and surrounding land uses. 53 65277.00001\33367195.1 Page 4 of 7 17.48.050 Application Filing, Processing, and Review. A. Application Preparation and Filing – General Application Requirements. An application for a temporary use permit shall be prepared, filed, and processed in compliance with Chapter 17.30 (Application Procedures). It is the responsibility of the applicant to establish evidence in support of the findings required by Section 17.48.060 (Findings and Decision – Temporary Use Permits), below. B. Time for Filing. 1. A temporary use permit application for Temporary Self-Contained Portable Toilets on Non-Active Construction Sites shall be filed at least 48 hours in advance of the proposed commencement of the use unless in the case of an emergency. 2. A temporary use permit application for the remaining authorized temporary uses shall be filed at least 14 days in advance of the proposed commencement of the use unless in the case of an emergency. C. Public Notice and Hearing. The type and extent of public notice provided to area residents shall be determined by the Planning and Community Services Director for temporary use permits, and the extensions of these permits. The applicant shall pay for all noticing costs. D. Additional Permits Required. Temporary uses may be subject to additional permits and other city approvals, licenses, and inspections required by applicable laws or regulations. 17.48.060 Findings and Decision – Temporary Use Permits. A temporary use permit may be approved, modified, or conditioned only if the review authority first finds that: A. The proposed temporary use is allowed within the applicable zoning district with the approval of a temporary use permit and complies with all other applicable provisions of this Zoning Ordinance and the Municipal Code; and B. The proposed temporary use would not unduly impair the integrity and character of the zoning district in which it is located; and C. Appropriate measures have been taken to protect the public health, safety, and general welfare to minimize detrimental effects on adjacent properties. 17.48 .070 Conditions of Approval. In approving a temporary use permit, the review authority may impose reasonable and necessary specific design, locational, and operational conditions to ensure that: 54 65277.00001\33367195.1 Page 5 of 7 A. The use is limited to a duration that is less than the maximum allowed duration, as determined appropriate by the review authority; B. The site is physically adequate for the type, density, and intensity of use being proposed, including the absence of physical constraints; C. The design, location, size, and operating characteristics of the proposed use are compatible with the existing and future land uses on-site and in the vicinity of the subject property; D. The temporary use will be removed and the site restored as necessary to ensure that no changes to the site will limit the range of possible future land uses otherwise allowed by this Zoning Ordinance; E. The use will comply with applicable provisions of other local, State, or Federal laws or regulations; and F. Any other pertinent factors affecting the operation of the temporary use will be addressed, including the following, to ensure the orderly and efficient operation of the proposed use, in compliance with the intent and purpose of this chapter. 17.48.080 Development and Operating Standards. A. General Standards. Standards for heights, setbacks, and other structure and property development standards that apply to the category of use or the zoning district of the subject parcel shall be used as a guide for determining the appropriate development standards for temporary uses. However, the review authority may authorize an adjustment from the specific requirements as deemed necessary and appropriate. B. Standards for Specific Temporary Activities. Specific temporary land use activities shall comply with the development standards identified in Title 17 (Zoning) as applicable to the use, in addition to those identified in subsection A of this section, and Section 17.48.070 (Conditions of Approval). 17.48.090 Post-Approval Procedures. A. Appeal. The approval, denial, or revocation of a temporary use permit may be appealed in compliance with Chapter 17.55. B. Revocation. A temporary use permit may be revoked or modified by the Director on the following grounds: 1. That the approval was obtained by fraud, or that the applicant made a materially false representation on the subject application; or 55 65277.00001\33367195.1 Page 6 of 7 2. That the approval is being or recently has been exercised contrary to or in violation of the terms or conditions of such approval or other authorization; or 3. That the approval is or recently has been exercised in violation of any statute, law or regulation; or 4. That the use for which approval was granted, or other use(s) not directly related, is exercised in a manner detrimental to the public health and safety or in a manner which constitutes a nuisance. C. Extension of the Permit. The Director may extend the operational length of the temporary use permit if the delay is beyond the control of and was not the result of actions by the permittee for up to the period of the delay. D. Expiration. A temporary use permit shall be considered to have expired when the approved use has ceased or was suspended. 17.48.100 Enforcement. A. Maintaining a temporary use authorized by Section 17.48.040 without a valid permit is hereby declared to be a public nuisance. B. Maintaining a temporary use authorized by Section 17.48.040 without a valid permit in an infraction and subject to the penalty provisions identified in Section 1.08.020. Section 2.The project is categorically exempt from California Environmental Quality Act (CEQA) pursuant to Section 15061.b.3 of the CEQA Guidelines because adoption of the zoning ordinance amendment is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment, and this project does not have the potential for causing a significant effect on the environment. The resulting uses would be exempt from CEQA under Sections 15301, 15303, 15304, and 15332 of the CEQA Guidelines, as minor alterations to project sites and buildings that do not increase intensity or density within an urban area with availability of all services. Section 3.This ordinance shall take effect thirty days after its passage and adoption pursuant to California Government Code section 36937. 56 65277.00001\33367195.1 Page 7 of 7 Section 4.The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of Rolling Hills’s book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law. JEFF PIEPER, MAYOR ATTEST: ELAINE JENG, ACTING CITY CLERK 57 Agenda Item No.: 11.A Mtg. Date: 12/14/2020 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:MEREDITH ELGUIRA, PLANNING DIRECTOR THRU:ELAINE JENG P.E., CITY MANAGER SUBJECT:APPROVE RESOLUTION NO. 1267 ACCEPTING CALIFORNIA GOVERNOR OFFICE OF EMERGENCY SERVICES (CAL/OES) AND FEMA GRANT AWARD OF FROM THE HAZARD MITIGATION PROGRAM FOR VEGETATION MANAGEMENT DATE:December 14, 2020 BACKGROUND: City Council approval is requested for the City of Rolling Hills to enter into an agreement with the Federal Emergency Management Agency (FEMA), to accept and expend grant funding for the "Vegetative Management Mitigation Project". The City was awarded grant funding in the amount of $242,625 for up to 75% federal share with required local match of $80,875. DISCUSSION: The Federal Emergency Management Agency (FEMA) approved and issued Hazard Mitigation Grant Program (HGMP) funds for the City of Rolling Hills. The proposed scope of work consists of creating defensible space/fuel breaks to protect homeowners from wildfires within the City. The design development funds are needed to determine the project locations and methods within the City. The project expected completion date for the project is November 2021. The project has been deemed exempt from the National Environmental Policy Act (NEPA). FISCAL IMPACT: The City was awarded grant funding in the amount of $242,625 for up to 75% federal share with required local match of $80,875. RECOMMENDATION: Approve Resolution No. 1267 and authorize the City Manager, or designee, to execute an agreement 58 Approve Resolution No. 1267 and authorize the City Manager, or designee, to execute an agreement and any subsequent amendments with FEMA, to accept and expend grant funding in an amount not to exceed $242,625. Approve General Fund expenditure of $80,875. ATTACHMENTS: Approval_4382-175-13R Rolling Hills (Phase 1).pdf Resolution No1267 FEMA Grant Acceptance.docx 59 U.S. Department of Homeland Security 1111 Broadway, Suite 1200 Oakland, CA 94607-4052 November 16, 2020 Mark S. Ghilarducci Governor’s Authorized Representative California Office of Emergency Services 3650 Schriever Avenue Mather, CA 95655 Reference: Application Approval for Phase 1 HMGP-4382-175-13R, City of Rolling Hills City of Rolling Hills Vegetative Management Mitigation Project Supplement #29 Dear Mr. Ghilarducci: The Federal Emergency Management Agency (FEMA) has approved and issued Hazard Mitigation Grant Program (HMGP) funds for the City of Rolling Hills (subrecipient), HMGP-4382-175-13R, City of Rolling Hills Vegetative Management Mitigation Project (Phase 1). The total eligible costs for Phase 1 are $323,500. As shown in the enclosed Supplement #29 Obligation Report, we have obligated $242,625 for up to 75 percent federal share; the non-Federal share match is $80,875. These funds are available in Smartlink for eligible disbursements. This HMGP grant approval and obligation of funds are subject to the following: 1. Scope of Work (SOW) - The City of Rolling Hills is proposing to create defensible space/fuel breaks to protect homeowners from wildfires within the City. Phase 1 design development funds are needed to determine the project locations and methods within the City. 2. Budget Revisions and Cost Overruns - In accordance with the 2015 Hazard Mitigation Assistance Unified Guidance, Part VI D.3, when budget changes are made, all programmatic requirements continue to apply. Additional information regarding budget adjustments and revisions can be found in 2 CFR Part 200.308. The Recipient must obtain FEMA’s prior written approval for any budget revisions. 60 November 16, 2020 Page 2 3. Completion Date – The work schedule in the application states the activity completion time frame is 12 months. We will annotate November 16, 2021 as the project completion date for Phase 1. Please inform the subrecipient that work completed after this date is not eligible for federal funding, and federal funds may be de-obligated for work not completed within schedule for which there is no approved time extension 4. National Environmental Policy Act (NEPA) –This project has been determined to be Categorically Excluded from the need to prepare either an Environmental Impact Statement or Environmental Assessment in accordance with FEMA Instruction 108-1-1 and DHS Instruction Manual 023-01-001-01. Categorical Exclusion a4 and a7 has been applied. 5. This award of funds is subject to the enclosed Standard Hazard Mitigation Grant Program Conditions, amended August 2018. Federal funds may be de-obligated for work that does not comply with these conditions. If you have any questions or need further assistance please contact me, or your staff may contact Aaron Lim, Hazard Mitigation Assistance Specialist, at Aaron.Lim@fema.dhs.gov (510)-627-7036. Sincerely, for David Stearrett Acting Director Mitigation Division FEMA Region IX cc: Robert Aguilar, Cal OES Emily Winchell, Cal OES Robin Shepard, Cal OES Monika Saputra, Cal OES Enclosures (4): NEMIS Obligation Report NEMIS Project Management Report Record of Environmental Considerations (REC) Standard HMGP Conditions 61 State Recipient Disaster No Supplemental No Action No State Application ID Amendment No FEMA Project No 4382 -0 175 1 29 CA Statewide Project Title :Rolling Hills, City of, Vegetative Management ProjectRolling HillsSubrecipient: Subrecipient FIPS Code:037-62602 13 R Obligation Report w/ Signatures 8:03 HAZARD MITIGATION GRANTS PROGRAM FEDERAL EMERGENCY MANAGEMENT AGENCY11/13/2020 HMGP-OB-02 Total Amount Previously Allocated Total Amount Previously Obligated $242,625.00 $242,625.00 $0.00$0.00 Total Amount Available for New Obligation Total Amount Pending Obligation FYSubrecipient Management Cost AmountProject Amount Total Obligation IFMIS Date IFMIS Status $0.00$242,625.00 2021$242,625.00 11/12/2020 Accept STEVEN SCOTT KAREN MOJICA Authorization Preparer Name: HMO Authorization Name: Preparation Date:11/12/2020 HMO Authorization Date:11/12/2020 Comments Comment:Approved funding for City of Rolling Hills, Vegetative Management Project User Id:Date:11/12/2020 SSCOTT39 Authorizing Official Title Authorization DateAuthorizing Official Signature Authorizing Official Signature Authorizing Official Title Authorization Date Page 1 of 1 62 FEMA Project Number State RecipientAmendment Number App IDDisaster Number 13 -R Rolling Hills 037-62602 Subrecipient: FIPS Code:Project Title :Rolling Hills, City of, Vegetative Management Project CA Statewide01754382 HMGP-AP-01FEDERAL EMERGENCY MANAGEMENT AGENCY HAZARD MITIGATION GRANT PROGRAM 11/15/2020 2:36 PM Project Management Report Approved Amounts Total Approved Net Eligible Total Approved Non-Fed Share Amount Federal Share Percent Non-Federal Share Percent Total Approved Federal Share Amount $80,875.00$323,500.00 75.000000000 $242,625.00 25.00000000 FY Allocations Allocation Number IFMIS Status Proj Alloc Amount Fed Share IFMIS Date Submission Date ES/DFSC Support Req ID ES/DFSC Amend Nr Total Alloc Amount Subrecipient Management Cost 15 $242,625.00A11/12/2020 202111/12/2020 3231152 3 $242,625.00$0.00 Total $242,625.00 $242,625.00$0.00 Work Schedule Status Description Amend # Time Frame Due Date Revised Date Completion Date PHASE I 0 00/00/0000 00/00/0000 00/00/00000 CEQA Assessment 6 Months 00/00/0000 00/00/0000 00/00/00000 Boundary Survey 1 Month 00/00/0000 00/00/0000 00/00/00000 Legal Services 3 Month 00/00/0000 00/00/0000 00/00/00000 Site Survey 1 Month 00/00/0000 00/00/0000 00/00/00000 Project Design 7 Months 00/00/0000 00/00/0000 00/00/00000 PHASE II 0 00/00/0000 00/00/0000 00/00/00000 Construction Mobilizaton 1 Month 00/00/0000 00/00/0000 00/00/00000 Clearing & Grubbing 6 Months 00/00/0000 00/00/0000 00/00/00000 Grading 4 Months 00/00/0000 00/00/0000 00/00/00000 Hydroseeding 3 Months 00/00/0000 00/00/0000 00/00/00000 Roadway Surfacing 2 Months 00/00/0000 00/00/0000 00/00/00000 Offsite Mitigation 2 Months 00/00/0000 00/00/0000 00/00/00000 Approved Project Title : Recipient Place Code : Recipient Place Name : Recipient County Code : Recipient County Name : Recipient : Project Closeout Date : 37 Los Angeles Statewide Rolling Hills 0 00/00/0000 Rolling Hills, City of, Vegetative Management Project Subrecipient Place Code : Subrecipient Place Name : Subrecipient County Code : Subrecipient County Name : Subrecipient : 62602 Rolling Hills Los Angeles 37 Rolling Hills Approval Status:Approved Mitigation Project Description Amendment Status : Page 1 of 2 63 FEMA Project Number State RecipientAmendment Number App IDDisaster Number 13 -R Rolling Hills 037-62602 Subrecipient: FIPS Code:Project Title :Rolling Hills, City of, Vegetative Management Project CA Statewide01754382 HMGP-AP-01FEDERAL EMERGENCY MANAGEMENT AGENCY HAZARD MITIGATION GRANT PROGRAM 11/15/2020 2:36 PM Project Management Report Obligations Action Nr IFMIS Status IFMIS Date SFS Amend Number Submission Date FY SFS Support Req ID Project Obligated Amt - Fed Share Total Obligated Amount Subrecipient Management Cost Suppl Nr 11/12/2020 011/12/2020 2021 3306034 $242,625.001A $242,625.00$0.0029 Total $242,625.00 $242,625.00$0.00 Page 2 of 2 64 11/05/2020 REC-01FEDERAL EMERGENCY MANAGEMENT AGENCY 23:41:54 RECORD OF ENVIRONMENTAL CONSIDERATION (REC) Project Title: HMGP 4382-175-13 (Phase 1) City of Rolling Hills Vegs Management Project (Phase 1) Non Compliant Flag: Level: EA Draft Date:EA Final Date: EA Public Notice Date:EA Fonsi EIS Notice of Intent EIS ROD Date: No CATEX Comment The City of Rolling Hills is proposing to create defensible space/fuel breaks to protect homeowners from wildfires within the City, Los Angeles County (33.757238, -118.354605). Phase 1 design development funds are needed to determine the project locations and methods within the City. Phase 1 (Design) of this project has been determined to be Categorically Excluded from the need to prepare either an Environmental Impact Statement or Environmental Assessment in accordance with FEMA Instruction 108-1-1 and FEMA Directive 108-1-1 as authorized by DHS Instruction Manual 023- 01-001-01, Revision 1. Categorical Exclusions a4 (information gathering, data analysis and processing, information dissemination, review, interpretation, and development of documents) and a7 (commitment of resources, personnel, and funding to conduct audits, surveys, and data collection of a minimally intrusive nature) have been applied. Particular attention should be given to the project conditions before and during project implementation. Failure to comply with these conditions may jeopardize federal assistance including funding. - dcohen3 - 11/05/2020 23:41:04 GMT NEPA DETERMINATION Description SelectedCatex Category Code (a4) Information gathering, data analysis and processing, information dissemination, review, interpretation, and development of documents. If any of these activities result in proposals for further action, those proposals must be covered by an appropriate CATEX. Examples include but are not limited to: (a) Document mailings, publication and distribution, training and information programs, historical and cultural demonstrations, and public affairs actions. (b) Studies, reports, proposals, analyses, literature reviews; computer modeling; and non-intrusive intelligence gathering activities. a4 Yes (a7) The commitment of resources, personnel, and funding to conduct audits, surveys, and data collection of a minimally intrusive nature. If any of these commitments result in proposals for further action, those proposals must be covered by an appropriate CATEX. Examples include, but are not limited to: (a) Activities designed to support the improvement or upgrade management of natural resources, such as surveys for threatened and endangered species, wildlife and wildlife habitat, historic properties, and archeological sites; wetland delineations; timber stand examination; minimal water, air, waste, material and soil sampling; audits, photography, and interpretation. (b) Minimally-intrusive geological, geophysical, and geo-technical activities, including mapping and engineering surveys. (c) Conducting Facility Audits, Environmental Site Assessments and Environmental Baseline Surveys, and (d) Vulnerability, risk, and structural integrity assessments of infrastructure. a7 Yes CATEX CATEGORIES Description Selected ?Extraordinary Circumstance Code No Extraordinary Circumstances were selected EXTRAORDINARY ENVIRONMENTAL LAW / EXECUTIVE ORDER Page 1 of 3NOTE: All times are GMT using a 24-hour clock.65 11/05/2020 REC-01FEDERAL EMERGENCY MANAGEMENT AGENCY 23:41:54 RECORD OF ENVIRONMENTAL CONSIDERATION (REC) Project Title: HMGP 4382-175-13 (Phase 1) City of Rolling Hills Vegs Management Project (Phase 1) Environmental Law/ Executive Order Description CommentStatus Clean Air Act (CAA)Project will not result in permanent air emissions - Review concluded Completed Coastal Barrier Resources Act (CBRA) Project is not on or connected to CBRA Unit or otherwise protected area - Review concluded Completed Clean Water Act (CWA)Project would not affect any water of the U.S. - Review concluded Completed Coastal Zone Management Act (CZMA) Project is not located in a coastal zone area and does not affect a coastal zone area - Review concluded Completed Executive Order 11988 - Floodplains No effect on floodplain/flood levels and project outside floodplain - Review concluded Completed Executive Order 11990 - Wetlands No effects on wetlands and project outside wetlands - Review concluded Completed Executive Order 12898 - Environmental Justice for Low Income and Minority Populations No Low income or minority population in, near or affected by the project - Review concluded Completed Endangered Species Act (ESA)Listed species and/or designated critical habitat present in areas affected directly or indirectly by the federal action The proposed action is to provide funding to the subrecipient for Phase 1 design development funds, without any proposed physical disturbance. These actions would result in no impacts to endangered species. ESA review will need to be completed prior to implementing any subsequent phases of the project. The proposed scope of work for design development will not destroy or adversely modify suitable habitat and will not affect any other listed or proposed species. It is therefore determined the proposed action would have No Effect on listed species and consultation with the Services under Section 7 of the Endangered Species Act is not required. - dcohen3 - 11/05/2020 23:31:47 GMT Completed No effect to species or designated critical habitat (See comments for justification) - Review concluded Completed Farmland Protection Policy Act (FPPA) Project does not affect designated prime or unique farmland - Review concluded Completed Page 2 of 3NOTE: All times are GMT using a 24-hour clock.66 11/05/2020 REC-01FEDERAL EMERGENCY MANAGEMENT AGENCY 23:41:54 RECORD OF ENVIRONMENTAL CONSIDERATION (REC) Project Title: HMGP 4382-175-13 (Phase 1) City of Rolling Hills Vegs Management Project (Phase 1) Environmental Law/ Executive Order Description CommentStatus Fish and Wildlife Coordination Act (FWCA) Project does not affect, control, or modify a waterway/body of water - Review concluded Completed Migratory Bird Treaty Act (MBTA)Project located within a flyway zoneCompleted Project does not have potential to take migratory birds - Review concluded Completed Magnuson-Stevens Fishery Conservation and Management Act (MSA) Project not located in or near Essential Fish Habitat - Review concluded Completed National Historic Preservation Act (NHPA) Not type of activity with potential to affect historic properties - Review concluded</br> The Undertaking complies with Stipulation I.A.7.f. (assistance provided for planning, studies, design and engineering costs that involve no commitment of resources other than staffing and associated funding) of the Programmatic Agreement among the Federal Emergency Management Agency (FEMA), State Historic Preservation Office (SHPO) and California Office of Emergency Services (Cal OES), signed October 29, 2019. Thus, the Undertaking does not require SHPO review, and FEMA has no further Section 106 responsibilities in accordance with 36 CFR § 800.3(a)(1). No ground disturbance is proposed. - dcohen3 - 11/05/2020 23:25:38 GMT Completed Wild and Scenic Rivers Act (WSR) Project is not along and does not affect Wild and Scenic River - Review concluded Completed Standard Conditions: Any change to the approved scope of work will require re-evaluation for compliance with NEPA and other Laws and Executive Orders. This review does not address all federal, state and local requirements. Acceptance of federal funding requires recipient to comply with all federal, state and local laws. Failure to obtain all appropriate federal, state and local environmental permits and clearances may jeopardize federal funding. If ground disturbing activities occur during construction, applicant will monitor ground disturbance and if any potential archeological resources are discovered, will immediately cease construction in that area and notify the State and FEMA. CONDITIONS Page 3 of 3NOTE: All times are GMT using a 24-hour clock.67 1 Standard Mitigation Grant Program (HMGP) Conditions FEMA Region IX, August, 2018 The following list applies to Recipients and Subrecipients accepting HMGP funds from the Federal Emergency Management Agency (FEMA) of the Department of Homeland Security (DHS): 1. Applicable Federal, State, and Local Laws and Regulations. The Recipient/Subrecipient must comply with all applicable Federal, State, and Local laws and regulations, regardless of whether they are on this list or other project documents. DHS financial assistance Recipients and Subrecipients are required to follow the provisions of the State HMGP Administrative Plan, applicable Hazard Mitigation Assistance Uniform Guidance, and Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards located in Title 2 of the Code of Federal Regulations (CFR) Part 200, adopted by DHS in 2 CFR 3002. 2. Financial Management Systems. The Recipient and Subrecipient must maintain financial management systems to account for and track funds, as referenced in 2 CFR 200.302. 3. Match or Cost Share. Non-federal match or cost share must comply with 2 CFR 200.306, the scope of work (SOW), and any agreements among the Subrecipient, the Recipient, and FEMA. 4. Budget Changes. Unanticipated adjustments are permitted within the approved total cost. However, if costs exceed the federal share, the Subrecipient must notify the Governor’s Authorized Representative (GAR) of overruns before implementation. The GAR shall submit a written request for approval to FEMA Region IX. The subaward must continue to meet HMGP requirements, including cost effectiveness and cost share. Refer to 2 CFR 200.308 for additional information. 5. Real Property and Land. The acquisition, use, and disposition must comply with 2 CFR 200.311. 6. Equipment. The acquisition, use, and disposition must comply with 2 CFR 200.313. 7. Supplies. Upon project completion, FEMA must be compensated for unused supplies, exceeding $5,000 (fair market value), and not needed for other federal programs. Refer to 2 CFR 200.314. 8. Procurement. Procurement procedures must be in conformance with 2 CFR 200.318-320. 9. Monitoring and Reporting Program Performance. The Recipient and Subrecipient must submit quarterly progress reports, as referenced in the 2 CFR 200.328 and State HMGP Administrative Plan. 10. Records Retention. In accordance with 2 CFR 200.333, financial/ programmatic records related to expenditures must be maintained at least 3 years after the date of Recipient’s final expenditure report. 11. Enforcement and Termination. If the Recipient or Subrecipient fails to comply with the award or subaward terms, whether stated in a Federal statute or regulation, the State HMGP Administrative Plan, subpplication, a notice of award, an assurance, or elsewhere, FEMA may take one or more of the actions outlined in 2 CFR 200.338, including termination or partial termination of the award or subaward outlined in 2 CFR 200.339. 12. Allowable Costs. Funds are to be used for allowable costs in compliance with 2 CFR 200.403, the approved SOW, and any agreements among the Subrecipient, Recipient, and FEMA. 68 2 13. Non-Federal Audit. The Recipient and Subrecipient are responsible for obtaining audits in accordance with the Single Audit Act of 1984, in compliance with 2 CFR 200.501. 14. Debarred and Suspended Parties. Recipients and Subrecipients are subject to the non-procurement debarment and suspension regulations implementing Executive Orders 12549 and 12689, and 2 CFR 180. These regulations restrict federal financial assistance awards, subawards, and contracts with parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in the federal assistance programs or activities. 15. Equipment Rates. Rates claimed for use of Subrecipient-owned equipment in excess of the FEMA- approved rates must be approved under State guidelines issued by the State Comptroller's Office or must be certified by the Recipient to include only those costs attributable to equipment usage less any fixed overhead and/or profit. 16. Duplication of Funding between Public Assistance (PA) and HMGP. Funding for PA Section 406 and HMGP Section 404 are permitted on the same facility/location, but the activities identified under each program must be distinct with separately accounted funds. At closeout, FEMA may adjust the funding to ensure the Subrecipient was reimbursed for eligible work from only one funding source. 17. Historic Properties and Cultural Resources. In compliance with 2 CFR 800, if a potential historic property or cultural resource is discovered during construction, the Subrecipient must cease work in the area and take all reasonable measures to avoid or minimize harm to the discovered property/resource. During construction, the Subrecipient will monitor ground disturbance activity, and if any potential archeological resources are discovered, will immediately cease work in that area, and notify the Recipient and FEMA. Construction in the area may resume with FEMA’s written approval after FEMA’s consultation, if applicable, with the State Historic Preservation Officer (SHPO). 18. NEPA and Changes to the Scope of Work (SOW). To comply with the National Environmental Policy Act (NEPA), and other Laws and Executive Orders, any change to the approved SOW shall be re-evaluated before implementation. Construction associated with a SOW change, prior to FEMA approval, may be ineligible for funding. Acceptance of federal funding requires environmental permits and clearances in compliance with all appropriate federal, state and local laws, and failure to comply may jeopardize funding. Within their authority, the Recipient and Subrecipient must use of all practicable means, consistent with other essential policies, to create and maintain productive harmony for people and nature, and fulfill the social, economic, and other needs of present and future generations of Americans. \\R9li8a1\mitdata$\05. HMA Grants Management\02. HMGP\HMGP Standard Conditions\Standard HMGP Conditions, August 2018.docx 69 Resolution No. 1267 1 RESOLUTION NO. 1267 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS AUTHORIZING ACCEPTANCE OF GRANT FUNDING FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY IN THE AMOUNT OF $242,625 WITH THE REQUIRED LOCAL MATCH OF $80,875; AND AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE ANY NECESSARY DOCUMENTS TO MEET THE GRANT REQUIREMENTS AND TO COMPLETE THE VEGETATIVE MANAGEMENT MITIGATION PROJECT. THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS: Section 1.Recitals. A.The City of Rolling Hills (“City”) applied to the Federal Emergency Management Agency (“FEMA”) for Hazard Mitigation Grant Funds HMGP-4382-175-13R to use on its Vegetative Management Mitigation Project. B.The Vegetative Management Mitigation Project is proposing to create defensible space/fuel breaks to protect homeowners from wildfires within the City. Phase 1 design development funds are needed to determine the project locations and methods within the City. C.FEMA awarded the City grant funds in the amount of $242,625 with required local matching in the amount of $80,875 to be used on the Vegetative Management Mitigation Project. D.The City Council desires to accept the grant funds from FEMA to be used for the Vegetative Management Mitigation Project and to direct the City Manager, or designee, to execute any necessary documents to meet the grant requirements and to complete the Vegetation Management Mitigation Project in compliance with the grant requirements. Section 2.The City Council hereby accepts theaward of the Hazard Mitigation Funds HMGP- 4382-175-13R from FEMA in the amount of $242,625 to be used on the Vegetative Management Mitigation Project. Section 3.The City Council hereby authorizes the City’s expenditure of $80,875 as local matching funds for the Vegetation Management Mitigation Project. Section 4.The City Council hereby authorizes the City Manager, or her designee, to execute any necessary documents to meet the grant requirements. The City Manager, or her designee, is also authorized to take necessary action to complete the Vegetative Management Mitigation Project in compliance with the grant requirements. Section 5.This Resolution shall take effect immediately upon its adoption by theCity Council, and the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions. PASSED, APPROVED, AND ADOPTED this 14th day of December, 2020. 70 Resolution No. 1267 2 ______________________________ JEFF PIEPER MAYOR ATTEST: ___________________________ ELAINE JENG, P.E. ACTING CITY CLERK 71 Resolution No. 1267 3 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS ) The foregoing Resolution No. 1267 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS AUTHORIZING ACCEPTANCE OF GRANT FUNDING FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY IN THE AMOUNT OF $242,625 WITH THE REQUIRED LOCAL MATCH OF $80,875; AND AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE ANY NECESSARY DOCUMENTS TO MEET THE GRANT REQUIREMENTS AND TO COMPLETE THE VEGETATIVE MANAGEMENT MITIGATION PROJECT. was approved and adopted at a regular meeting of the City Council on the 14th day of December, 2020, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ___________________________ ELAINE JENG, P.E. ACTING CITY CLERK 72 Agenda Item No.: 14.A Mtg. Date: 12/14/2020 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:CONNIE VIRAMONTES , ADMINISTRATIVE ASSISTANT THRU:ELAINE JENG P.E., CITY MANAGER SUBJECT:EMPLOYMENT PERFORMANCE EVALUATION GOVERNMENT CODE SECTION 54957 TITLE: CITY MANAGER DATE:December 14, 2020 BACKGROUND: NONE. DISCUSSION: NONE. FISCAL IMPACT: NONE. RECOMMENDATION: NONE. ATTACHMENTS: 73