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CL_AGN_230424_CC_AgendaPacket_F_A1.CALL TO ORDER 2.ROLL CALL 3.PLEDGE OF ALLEGIANCE 4.PRESENTATIONS/PROCLAMATIONS/ANNOUNCEMENTS 4.A.PRESENTATION OF CAL CITIES WOMEN'S CAUCUS, WOMEN OF PERSISTENCE AWARD CERTIFICATE AND CITY COUNCIL COMMENDATION TO ROLLING HILLS RESIDENT DR. CARMEN ESTRADA SCHAYE. RECEIVE AND FILE PRESENTATION ON THE FULBRIGHT PROGRAM RECOMMENDATION: Receive and file presentation by Dr. Carmen Estrada Schaye. 4.B.PRESENTATION BY SITELOGIQ: POTENTIAL FUNDING SOURCES AND IMPLEMENTATION PATHWAY FOR CITY ENERGY & RESILENCY PROJECTS RECOMMENDATION: Receive and file. 5.APPROVE ORDER OF THE AGENDA This is the appropriate time for the Mayor or Councilmembers to approve the agenda as is or reorder. 6.BLUE FOLDER ITEMS (SUPPLEMENTAL) Blue folder (supplemental) items are additional back up materials to administrative reports, changes to the posted agenda packet, and/or public comments received after the printing and distribution of the agenda packet for receive and file. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 AGENDA Regular City Council Meeting CITY COUNCIL Monday, April 24, 2023 CITY OF ROLLING HILLS 7:00 PM The meeting agenda is available on the City’s website. The City Council meeting will be live-streamed on the City’s website. Both the agenda and the live-streamed video can be found here: https://www.rolling-hills.org/government/agenda/index.php Members of the public may 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. Recordings to City Council meetings can be found here: https://www.rolling-hills.org/government/agenda/index.php Next Resolution No. 1335 Next Ordinance No. 383 CL_AGN_230424_CC_CarmenSchaye_Presentation.pdf CL_AGN_230418_SitelogiQ_Presentation.pdf 1 6.A.FOR BLUE FOLDER DOCUMENTS APPROVED AT THE CITY COUNCIL MEETING RECOMMENDATION: Approved 7.PUBLIC COMMENT ON NON-AGENDA ITEMS This is the appropriate time for members of the public to make comments regarding items not listed on this agenda. Pursuant to the Brown Act, no action will take place on any items not on the agenda. 7.A.PUBLIC COMMENT ON NON-AGENDA ITEMS RECOMMENDATION: Receive and file. 8.CONSENT CALENDAR Business items, except those formally noticed for public hearing, or those pulled for discussion are assigned to the Consent Calendar. The Mayor or any Councilmember may request that any Consent Calendar item(s) be removed, discussed, and acted upon separately. Items removed from the Consent Calendar will be taken up under the "Excluded Consent Calendar" section below. Those items remaining on the Consent Calendar will be approved in one motion. The Mayor will call on anyone wishing to address the City Council on any Consent Calendar item on the agenda, which has not been pulled by Councilmembers for discussion. 8.A.APPROVE AFFIDAVIT OF POSTING FOR THE CITY COUNCIL REGULAR MEETING OF APRIL 24, 2023 RECOMMENDATION: Approve. 8.B.APPROVE MOTION TO READ BY TITLE ONLY AND WAIVE FURTHER READING OF ALL ORDINANCES AND RESOLUTIONS LISTED ON THE AGENDA RECOMMENDATION: Approve. 8.C.APPROVE THE FOLLOWING CITY COUNCIL MINUTES: APRIL 10, 2023 RECOMMENDATION: Approve as presented. 8.D.PAYMENT OF BILLS RECOMMENDATION: Approve as presented. 8.E.REPUBLIC SERVICES RECYCLING TONNAGE REPORT FOR MARCH 2023 RECOMMENDATION: Receive and file. 8.F.APPROVE PROFESSIONAL SERVICES AGREEMENT WITH MNS ENGINEERS, INC TO PREPARE AND SUBMIT A NOTICE OF INTENT (NOI) TO FEMA FOR GRANT FUNDS FOR ADDITIONAL FIRE FUEL ABATEMENT IN ROLLING HILLS RECOMMENDATION: Approve as presented. 8.G.CONSIDER AND APPROVE SUBSCRIPTION TO LOS ANGELES COUNTY'S CL_AGN_230424_CC_BlueFolderItem_7A.pdf CL_AGN_230424_CC_AQMD_PublicComment01.pdf CL_AGN_230424_CC_PublicComment02.pdf CL_AGN_230424_CC_AffidavitofPosting.pdf CL_MIN_230410_CC_F_A.pdf CL_AGN_230424_CC_PaymentOfBills.pdf VC_REP_230418_March_YTD_TonnageReport.pdf CA_AGR_230406_MNS-Engineers_GrantWriting_E.pdf 2 GEOGRAPHIC INFORMATION SYSTEM (GIS); AND AUTHORIZE THE ALLOCATION OF $4,500 FROM SALARY SAVINGS IN THE PLANNING DEPARTMENT TO COVER THE ONE-TIME COST OF THE GIS. RECOMMENDATION: Staff recommends subscribing to LA County's GIS to be able to have aerial photographs of the City, contour information, measurement capabilities to enhance staff's service to the community, and authorize the transfer of $4,500 from the salary savings in the Planning Department to the Dues and Subscriptions account. 8.H.APPROVE AREA G'S SOUTH BAY ALERT ADMINISTRATOR CONTRACT RENEWAL FOR USE WITH THE EVERBRIDGE SYSTEM RECOMMENDATION: Approve as presented. 9.EXCLUDED CONSENT CALENDAR ITEMS 10.COMMISSION ITEMS 10.A.ZONING CASE NO. 22-81: REQUEST FOR APPROVAL OF A SITE PLAN REVIEW FOR 1) A 912-SQUARE-FOOT SWIMMING POOL/SPA, 2) DETACHED GARAGE, 3) APPURTENANT STRUCTURES, HARDSCAPE, LANDSCAPE, AND 4) NON-EXEMPT GRADING; CONDITIONAL USE PERMITS FOR 1) AN EQUESTRIAN RIDING ARENA, 2) RELOCATION OF AN EXISTING DRIVEWAY APRON, 3) 1,334-SQUARE-FOOT RECONSTRUCTED STABLE ON THE SAME FOOTPRINT; AND VARIANCES FOR 1) STRUCTURES TO ENCROACH INTO THE REQUIRED SETBACKS AND FRONT YARD, AND 2) TO EXCEED THE 20% FRONT YARD COVERAGE FOR THE DRIVEWAY, IN ZONING CASE NO. 22-81 LOCATED AT 9 PORTUGUESE BEND ROAD, AND FINDING THE PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (LOT 74-RH) (WILLIS) RECOMMENDATION: Receive and file. 11.PUBLIC HEARINGS 12.OLD BUSINESS 13.NEW BUSINESS 13.A.FISCAL YEAR 2022/23 INTERIM FINANCIAL REPORT FOR THE NINE MONTHS LARIAC7 Letter to Participants (Final) Rolling Hills.pdf LARIAC6_Signed_Agreement_2020.pdf PS_ARG_230418_EverbridgeASB_3YearCosts.pdf PS ASB 230401 Administrator Contract EMSP F E.pdf Attachment 1_Development_Table__ZC22-81_.pdf Attachment 2_Vicinity_Map_ZC22-81.pdf Attachment 3_Development_Summary__ZC22-81_.CC.pdf Attachment 4. Resolution No. 2023-02 Attachment 5. Traffic Commission Staff Report November 10, 2022 Attachment 6. Traffic Engineer Memo Attachment 7. Photos Attachment 8. Architectural Plans Attachment 9. Conceptual Landscape Plan 3 ENDED MARCH 31, 2023 RECOMMENDATION: Receive and file. 13.B.CONSIDER AND APPROVE AMENDED CITY MANAGER EMPLOYMENT CONTRACT RECOMMENDATION: Approve as recommended 14.MATTERS FROM THE CITY COUNCIL 15.MATTERS FROM STAFF 16.RECESS TO CLOSED SESSION 17.RECONVENE TO OPEN SESSION 18.ADJOURNMENT Next regular meeting: Monday, May 8, 2023 at 7:00 p.m. in the City Council Chamber, Rolling Hills City Hall, 2 Portuguese Bend Road, Rolling Hills, California, 90274. CL_AGN_230424_CC_Q3_Analysis_AllFunds_FY23.pdf CL_AGN_230424_CC_GF_Revenues_BudgetVsActual_Thru03.31.pdf CL_AGN_230424_CC_GF_Expenditures_BudgetVsActual_Thru03.31.pdf CL_AGN_230424_CC_FY23_Q3_Review_PPT.pdf Elaine Jeng Agreement 2018.08.13.pdf CA_AGR_210409_ElaineJeng_FirstAmendment_F_E.pdf CA_AGR_220426_ElaineJeng_SecondAmendment_F_E.pdf Third AMENDMENT to CM agreement Elaine Jeng (2023)-c1-c1_ej.pdf 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: 04/24/2023 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO CITY MANAGER THRU:ELAINE JENG P.E., CITY MANAGER SUBJECT:PRESENTATION OF CAL CITIES WOMEN'S CAUCUS, WOMEN OF PERSISTENCE AWARD CERTIFICATE AND CITY COUNCIL COMMENDATION TO ROLLING HILLS RESIDENT DR. CARMEN ESTRADA SCHAYE. RECEIVE AND FILE PRESENTATION ON THE FULBRIGHT PROGRAM DATE:April 24, 2023 BACKGROUND: None. DISCUSSION: None. FISCAL IMPACT: None. RECOMMENDATION: Receive and file presentation by Dr. Carmen Estrada Schaye. ATTACHMENTS: CL_AGN_230424_CC_CarmenSchaye_Presentation.pdf 5 Dr. Carmen Estrada Schaye Fulbright Foreign Scholarship Board Member Washington, DC 6 The Fulbright Program, an international academic exchange program sponsored by the U.S. government, has fostered mutual understanding and peaceful relations between the United States and the world since 1946. In partnership with more than 140 countries worldwide, the Fulbright Program offers unparalleled opportunities in all academic disciplines to advance research and academic pursuits to already accomplished college seniors, graduate students, and young professionals. A Global Network of Changemakers 7 Fulbright scholars have been awarded 62 Nobel Prizes, 80 Pulitzer Prizes, and have become numerous presidents and prime ministers. A Global Network of Changemakers 8 The Fulbright Program's purpose is to promote international peace through the increased understanding that is expected to result from an exchange contact scenario. From Dr. Carmen Estrada Schaye’s diplomatic position in the United States’ State Department, she is tasked with aiding mutual understanding through exchange diplomacy. Dr. Carmen Estrada Schaye Fulbright Foreign Scholarship Board Member 9 10 11 Agenda Item No.: 4.B Mtg. Date: 04/24/2023 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO CITY MANAGER THRU:ELAINE JENG P.E., CITY MANAGER SUBJECT:PRESENTATION BY SITELOGIQ: POTENTIAL FUNDING SOURCES AND IMPLEMENTATION PATHWAY FOR CITY ENERGY & RESILENCY PROJECTS DATE:April 24, 2023 BACKGROUND: None. DISCUSSION: None. FISCAL IMPACT: None. RECOMMENDATION: Receive and file. ATTACHMENTS: CL_AGN_230418_SitelogiQ_Presentation.pdf 12 City of Rolling Hills Renewable & Reliency February 28, 2023 City of Rolling Hills Energy & Resiliency Program 13 Proprietary and Confidential SITELOGIQ INTRODUCTION SitelogIQ is a licensed General Contractor delivering world-class energy, renewable, and infrastructure programs for State &Local Governments. 2 Josh Steeber Local Government Relations Executive M: (949) 432-0689 E: josh.steeber@gmail.com Single-source of accountability and responsibility from conception to completion. 14 Proprietary and ConfidentialProprietary and Confidential WHY ARE CITIES IMPLEMENTING ENERGY PROGRAMS? CITY GOAL'S WHAT IS A MICROGRID? ENERGY STORAGE + EV CHARGING DEPLOYMENT FUNDING OPPORTUNITIES PROGRAM ACCOMPLISHMENTS ROADMAP TO RESILIENCY 315 Proprietary and Confidential WHY ARE CITIES IMPLEMENTING ENERGY PROGRAMS? 416 Proprietary and Confidential CITY GOAL’S 5 Quality of Life Seen as Forward Thinking Resilient Sustainability ________________________________________ ________________________________________ _______________________________________ 17 Proprietary and Confidential WHAT IS A MICROGRID? 6 A microgrid is a local electrical grid with defined electrical boundaries, acting as a single and controllable entity. 18 Proprietary and Confidential ENERGY STORAGE + EV CHARGING DEPLOYMENT •Potential challenge: limited capacity •Energy Storage •Grid reinforcement •Demand management •Vehicle to Grid (V2G) •Distributed resiliency 719 Proprietary and Confidential FUNDING OPPORTUNITIES 8 Inflation Reduction Act (IRA)~ Federal Government Allows the District to OBTAIN THE FEDERAL TAX CREDIT in the form of a “Direct Payment” (i.e. rebate) for energy storage (battery), electrical infrastructure, solar, and microgrid controllers. There are additional credits for: FEDERAL STATE LOCAL 20 Proprietary and Confidential PROGRAM ACCOMPLISHMENTS 9 Renewable Generation Stewardship Resilient City Campus Compliant CA GC4217.10-18 $7,000 Year Energy Savings Inflation Reduction Act 30% Contribution EV Charging Infrastructure/Vehicle 2 Grid Ribbon Cutting Ceremony ________________________________________ ________________________________________ _______________________________________ 21 Proprietary and Confidential ROADMAP TO RESILIENCY 10 Microgrid Assessment & Implementation Plan Funding Opportunities Assessment Stakeholder Workshop 22 Thank You Josh Steeber Local Government Relations Executive M 949.432.0689 E josh.steeber@sitelogiq.com 23 Agenda Item No.: 6.A Mtg. Date: 04/24/2023 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO CITY MANAGER THRU:ELAINE JENG P.E., CITY MANAGER SUBJECT:FOR BLUE FOLDER DOCUMENTS APPROVED AT THE CITY COUNCIL MEETING DATE:April 24, 2023 BACKGROUND: None. DISCUSSION: None. FISCAL IMPACT: None. RECOMMENDATION: Approved. ATTACHMENTS: CL_AGN_230424_CC_BlueFolderItem_7A.pdf 24 BLUE FOLDER ITEM (SUPPLEMENTAL) Blue folder (supplemental) items are additional back up materials to administrative reports, changes to the posted agenda packet, and/or public comments received after the printing and distribution of the agenda packet for receive and file. CITY COUNCIL MEETING APRIL 24, 2023 7.A PUBLIC COMMENT ON NON-AGENDA ITEMS FROM: CHRISTIAN HORVATH, CITY CLERK/EXECUTIVE ASSISTANT TO THE CITY MANAGER CL_AGN_230424_CC_AQMD_PublicComment01.pdf 25 Agenda Item No.: 7.A Mtg. Date: 04/24/2023 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO CITY MANAGER THRU:ELAINE JENG P.E., CITY MANAGER SUBJECT:PUBLIC COMMENT ON NON-AGENDA ITEMS DATE:April 24, 2023 BACKGROUND: None DISCUSSION: None FISCAL IMPACT: None RECOMMENDATION: Receive and file. ATTACHMENTS: CL_AGN_230424_CC_AQMD_PublicComment01.pdf CL_AGN_230424_CC_PublicComment02.pdf 26 From:Brandee Keith To:City Clerk Subject:Written Comment Submitted for Agenda Item 7: Public Comment, for April 24, 2023 City Council Meeting Date:Friday, April 21, 2023 12:47:54 PM Good afternoon, I would like to submit the following for public comment at the city’s upcoming council meeting on April 24: Good evening, and thank you to the City Council and staff. The Annual Emissions Reporting (AER) Deadline is approaching on Monday, May 1, at 5pm. The South Coast AQMD Annual Emissions Reporting program was developed to track emissions of air contaminants from permitted facilities. Fees for emissions of air contaminants are assessed based on the reported data. These fees help to cover the costs of evaluating, planning, inspecting, and monitoring air quality efforts. More information can be found on our website at http://www.aqmd.gov/home/rules- compliance/compliance/annual-emission-reporting, or by calling our AER hotline at (909) 396-3660. Please note that staff is receiving a high volume of questions from the AER hotline and email and will respond back in the order that inquiries are received. Please feel free to contact me if you’d like to know more about South Coast AQMD’s Annual Emissions Reporting program. Regards, Brandee L. Keith she/her Sr. Public Affairs Specialist, Geographic Outreach Team, South Bay Cities South Coast AQMD Office: 909.396.3952 PLEASE BE ADVISED SOUTH COAST AQMD IS CLOSED ON MONDAYS To report an air quality issue, please call 1-800-CUT SMOG.For asbestos-related inquiries, please call our asbestos hotline at 909-396-2336. 27 28 29 Agenda Item No.: 8.A Mtg. Date: 04/24/2023 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO CITY MANAGER THRU:ELAINE JENG P.E., CITY MANAGER SUBJECT:APPROVE AFFIDAVIT OF POSTING FOR THE CITY COUNCIL REGULAR MEETING OF APRIL 24, 2023 DATE:April 24, 2023 BACKGROUND: None. DISCUSSION: None. FISCAL IMPACT: None. RECOMMENDATION: Approve. ATTACHMENTS: CL_AGN_230424_CC_AffidavitofPosting.pdf 30 Administrative Report 8.A., File # 1756 Meeting Date: 04/24 /202 3 To: MAYOR & CITY COUNCIL From: Christian Horvath, City Clerk TITLE APPROVE AFFIDAVIT OF POSTING FOR THE CITY COUNCIL REGULAR MEETING OF APRIL 24, 202 3 EXECUTIVE SUMMARY STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF ROLLING HILLS ) AFFIDAVIT OF POSTING In compliance with the Brown Act, the following materials have been posted at the locations below. Legislative Body City Council Posting Type Regular Meeting Agenda Posting Location 2 Portuguese Bend Road, Rolling Hills, CA 90274 City Hall Window City Website: https://www.rolling-hills.org/government/agenda/index.php https://www.rolling-hills.org/government/city_council/city_council_archive_agendas/index.php Meeting Date & Time April 24 , 2023 7:00pm Open Session As City Clerk of the City of Rolling Hills, I declare under penalty of perjury, the document noted above was posted at the date displayed below. Christian Horvath, City Clerk Date: April 21, 2023 31 Agenda Item No.: 8.B Mtg. Date: 04/24/2023 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO CITY MANAGER THRU:ELAINE JENG P.E., CITY MANAGER SUBJECT:APPROVE MOTION TO READ BY TITLE ONLY AND WAIVE FURTHER READING OF ALL ORDINANCES AND RESOLUTIONS LISTED ON THE AGENDA DATE:April 24, 2023 BACKGROUND: None. DISCUSSION: None. FISCAL IMPACT: None. RECOMMENDATION: Approve. ATTACHMENTS: 32 Agenda Item No.: 8.C Mtg. Date: 04/24/2023 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO CITY MANAGER THRU:ELAINE JENG P.E., CITY MANAGER SUBJECT:APPROVE THE FOLLOWING CITY COUNCIL MINUTES: APRIL 10 , 2023 DATE:April 24, 2023 BACKGROUND: None. DISCUSSION: None. FISCAL IMPACT: None. RECOMMENDATION: Approve as presented. ATTACHMENTS: CL_MIN_230410_CC_F_A.pdf 33 MINUTES – CITY COUNCIL MEETING Monday, April 11, 2023 Page 1 Minutes Rolling Hills City Council Monday, April 10, 2023 Regular Meeting 7:00 p.m. 1. CALL TO ORDER The City Council of the City of Rolling Hills met in person on the above date at 7:01 p.m. Mayor Wilson presiding. 2. ROLL CALL Councilmembers Present: Black, Pieper, Mayor Pro Tem Mirsch, Mayor Wilson Councilmembers Absent: Dieringer Staff Present: John Signo, Planning & Community Services Director Christian Horvath, City Clerk / Executive Assistant to the City Manager Pat Donegan, City Attorney 3. PLEDGE OF ALLEGIANCE – Mayor Wilson 4. PRESENTATIONS/PROCLAMATIONS/ANNOUNCEMENTS – NONE 5. APPROVE ORDER OF THE AGENDA Motion by Councilmember Pieper, seconded by Mayor Pro Tem Mirsch to approve the order of the agenda. Motion carried unanimously with the following vote: AYES: Black, Pieper, Mirsch, Mayor Wilson NOES: None ABSENT: Dieringer 6. BLUE FOLDER ITEMS (SUPPLEMENTAL) Motion by Councilmember Pieper, seconded by Councilmember Black to receive and file Blue Folder Items for 8G and 12A. Motion carried unanimously with the following vote: AYES: Black, Pieper, Mirsch, Mayor Wilson NOES: None ABSENT: Dieringer 7. PUBLIC COMMENT ON NON-AGENDA ITEMS – NONE Public Comment: Sean Bennett 8. CONSENT CALENDAR 8.A. APPROVE AFFIDAVIT OF POSTING FOR THE CITY COUNCIL REGULAR MEETING OF APRIL 10, 2023 8.B. APPROVE MOTION TO READ BY TITLE ONLY AND WAIVE FURTHER READING OF ALL ORDINANCES AND RESOLUTIONS LISTED ON THE AGENDA 34 MINUTES – CITY COUNCIL MEETING Monday, April 11, 2023 Page 2 8.C. APPROVE THE FOLLOWING CITY COUNCIL MINUTES: MARCH 27, 2023 8.D. PULLED BY MAYOR PRO TEM MIRSCH 8.E. RECEIVE AND FILE AN UPDATE ON THE EMERGENCY WATER MAIN LINE REPAIRS FROM MARCH 16 TO 24, 2023 8.F. ADOPT RESOLUTION NO. 1334 AUTHORIZING A BUDGET MODIFICATION FOR PORTIONS OF RECENTLY APPROVED BENNETT LANDSCAPE PROPOSALS TO REPAIR AND CORRECT IRRIGATION ISSUES, PROVIDE LANDSCAPE DESIGN, AND LANDSCAPE REMOVALS 8.G. RECEIVE AND FILE CITY HALL REQUEST FOR PROPOSAL TO REPLACE THE THREE RAIL FENCE ALONG THE CITY HALL CAMPUS PORTUGUESE BEND ROAD BRIDLE TRAIL 8.H. RECEIVE AND FILE AN UPDATE ON WIRELESS COMMUNICATION FACILITIES APPLICATIONS AND ACTIVITIES Motion by Councilmember Pieper, seconded by Councilmember Black to approve Consent Calendar with the exception of 8D. Motion carried unanimously with the following vote: AYES: Black, Pieper, Mirsch, Mayor Wilson NOES: None ABSENT: Dieringer 9. EXCLUDED CONSENT CALENDAR ITEMS 8.D. PAYMENT OF BILLS Motion by Councilmember Black, seconded by Mayor Pro Tem Mirsch to approve as presented. Motion carried unanimously with the following vote: AYES: Black, Pieper, Mirsch, Mayor Wilson NOES: None ABSENT: Dieringer 10. COMMISSION ITEMS – NONE 11. PUBLIC HEARINGS – NONE 12. OLD BUSINESS 12.A. RECEIVE AND FILE A REPORT FROM THE APRIL 6, 2023 SOLID WASTE AND RECYCLING COMMITTEE (VERBAL) Presentation by Mayor Wilson and Mayor Pro Tem Mirsch Motion by Councilmember Pieper, seconded by Councilmember Black to receive and file. Motion carried unanimously with the following vote: AYES: Black, Pieper, Mirsch, Mayor Wilson NOES: None ABSENT: Dieringer 35 MINUTES – CITY COUNCIL MEETING Monday, April 11, 2023 Page 3 Motion by Councilmember Black, seconded by Councilmember Pieper to accept Committee recommendations. Motion carried unanimously with the following vote: AYES: Black, Pieper, Mirsch, Mayor Wilson NOES: None ABSENT: Dieringer 12.B. APPROVE A SECOND AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH BOLTON ENGINEERS TO REVISE THE TENNIS ADA IMPROVEMENT PLANS AND FILE CONSTRUCTION PERMITS WITH LOS ANGELES COUNTY BUILDING AND SAFETY DEPARTMENT FOR THE ADA IMPROVEMENTS AT THE TENNIS COURTS. Presentation by Planning & Community Services Director John Signo Motion by Councilmember Black, seconded by Councilmember Pieper to approve Bolton’s change order request. Motion carried unanimously with the following vote: AYES: Black, Pieper, Mirsch, Mayor Wilson NOES: None ABSENT: Dieringer 13. NEW BUSINESS 13.A. RECEIVE AND FILE INFORMATION UPDATE ON KNOW YOUR ZONE CAMPAIGN, PVPREADY WEBSITE, AND ZONEHAVEN PLATFORM LAUNCH Presentation by City Clerk / Executive Assistant to the City Manager Christian Horvath Motion by Councilmember Black, seconded by Councilmember Pieper to receive and file. Motion carried unanimously with the following vote: AYES: Black, Pieper, Mirsch, Mayor Wilson NOES: None ABSENT: Dieringer 13.B. RECEIVE AND FILE A REPORT ON THE MARCH 23, 2023 TRAFFIC COMMISSION MEETING Presentation by Mayor Wilson Public Comment: Jim Aichele Motion by Councilmember Black, seconded by Councilmember Pieper to eliminate supplemental traffic enforcement from budget. Motion carried unanimously with the following vote: AYES: Black, Pieper, Mayor Wilson NOES: Mirsch ABSENT: Dieringer 14. MATTERS FROM THE CITY COUNCIL – NONE 15. MATTERS FROM STAFF 36 MINUTES – CITY COUNCIL MEETING Monday, April 11, 2023 Page 4 15.A. RECEIVE AND FILE FIRE FUEL ABATEMENT AND CODE ENFORCEMENT QUARTERLY REPORT FOR THE FIRST QUARTER OF 2023 (JANUARY 1 THROUGH MARCH 31) Presentation by Planning & Community Services Director John Signo Motion by Councilmember Pieper, seconded by Councilmember Black to receive and file. Motion carried unanimously with the following vote: AYES: Black, Pieper, Mirsch, Mayor Wilson NOES: None ABSENT: Dieringer 15.B. RECEIVE AND FILE UPDATE ON CITY MANAGER'S DISCUSSION WITH THE OTHER PALOS VERDES PENISULA CITY MANAGERS REGARDING SUPPORT FOR PENINSULA WIDE EMERGENCY NOTIFICATION SIREN STUDY AND PURSUIT OF GRANTS (VERBAL) Presentation by City Clerk / Executive Assistant to the City Manager Christian Horvath Motion by Councilmember Pieper, seconded by Councilmember Black to receive and file. Motion carried unanimously with the following vote: AYES: Black, Pieper, Mirsch, Mayor Wilson NOES: None ABSENT: Dieringer 16. RECESS TO CLOSED SESSION – 7:44 P.M. 16.A. CONFERENCE WITH LABOR NEGOTIATOR GOVERNMENT CODE SECTION 54957.6 CITY'S DESIGNATED REPRESENTATIVE: MAYOR PATRICK WILSON UNREPRESENTED EMPLOYEE: CITY MANAGER ELAINE JENG 17. RECONVENE TO OPEN SESSION – 8:11 P.M. 18. ADJOURNMENT: 8:11 P.M. The meeting was adjourned at 8:11 p.m on April 10, 2023. The next regular adjourned meeting of the City Council is scheduled to be held on Monday, April 24, 2023 beginning at 7:00 p.m. in the City Council Chamber at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. It will also be available via City’s website link at: https://www.rolling-hills.org/government/agenda/index.php All written comments submitted are included in the record and available for public review on the City website. Respectfully submitted, ____________________________________ Christian Horvath, City Clerk Approved, ____________________________________ Patrick Wilson, Mayor 37 Agenda Item No.: 8.D Mtg. Date: 04/24/2023 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO CITY MANAGER THRU:ELAINE JENG P.E., CITY MANAGER SUBJECT:PAYMENT OF BILLS DATE:April 24, 2023 BACKGROUND: None. DISCUSSION: None. FISCAL IMPACT: None. RECOMMENDATION: Approve as presented. ATTACHMENTS: CL_AGN_230424_CC_PaymentOfBills.pdf 38 39 40 Agenda Item No.: 8.E Mtg. Date: 04/24/2023 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO CITY MANAGER THRU:ELAINE JENG P.E., CITY MANAGER SUBJECT:REPUBLIC SERVICES RECYCLING TONNAGE REPORT FOR MARCH 2023 DATE:April 24, 2023 BACKGROUND: None. DISCUSSION: None. FISCAL IMPACT: None. RECOMMENDATION: Receive and file. ATTACHMENTS: VC_REP_230418_March_YTD_TonnageReport.pdf 41 Year 2023 Franchise Y/N Y Month Commodity Tons Collected Tons Recovered Tons Disposed Diversion % Jan Greenwaste 75.94 75.94 - 100.00% Greenwaste - Free Residential Roll Off Bin 4.76 4.76 - 100.00% Trash 180.77 - 180.77 0.00% Jan Total 261.47 80.70 180.77 30.86% Feb Greenwaste 84.50 84.50 - 100.00% Greenwaste - Free Residential Roll Off Bin 11.62 11.62 - 100.00% Trash 133.45 - 133.45 0.00% Feb Total 229.57 96.12 133.45 41.87% Mar Greenwaste 135.07 135.07 - 100.00% Greenwaste - Free Residential Roll Off Bin 4.62 4.62 - 100.00% Trash 185.99 - 185.99 0.00% Mar Total 325.68 139.69 185.99 42.89% Grand Total 816.72 316.51 500.21 38.75% CITY OF ROLLING HILLS RESIDENTIAL FRANCHISE 2023 Page 1 of 2 42 Year 2023 Franchise Y/N N Month Commodity Tons Collected Tons Recovered Tons Disposed Diversion % Jan Recycle 0.41 0.19 0.21 47.92% Trash 68.77 - 68.77 0.00% Organics 0.03 0.01 0.02 20.85% Jan Total 69.20 0.20 69.00 0.29% Feb Recycle 0.15 0.07 0.08 47.28% Trash 84.23 - 84.23 0.00% Organics 0.16 0.07 0.09 42.47% Feb Total 84.54 0.14 84.40 0.17% Mar Recycle 0.19 0.07 0.13 35.00% Trash 46.39 - 46.39 0.00% Organics 0.20 0.14 0.06 69.23% Mar Total 46.78 0.21 46.58 0.44% Grand Total 200.53 0.55 199.98 0.27% CITY OF ROLLING HILLS NON-FRANCHISE 2023 Page 2 of 2 43 Agenda Item No.: 8.F Mtg. Date: 04/24/2023 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:ELAINE JENG, CITY MANAGER THRU:ELAINE JENG P.E., CITY MANAGER SUBJECT:APPROVE PROFESSIONAL SERVICES AGREEMENT WITH MNS ENGINEERS, INC TO PREPARE AND SUBMIT A NOTICE OF INTENT (NOI) TO FEMA FOR GRANT FUNDS FOR ADDITIONAL FIRE FUEL ABATEMENT IN ROLLING HILLS DATE:April 24, 2023 BACKGROUND: In 2020, the Federal Emergency Management Agency (FEMA) awarded the City with $1M from the Hazard Mitigation Grant Program (HMGP) to create defensible space/fuel breaks to protect homeowners from wildfires within the City. The project was divided into two phases and the first phase of the project was completed in February 2022. FEMA is reviewing the environmental assessment completed in Phase 1 before releasing funds for Phase 2 to remove fire fuel. At the March 27, 2023 City Council meeting, staff reported to the City Council that another round of HMGP funds were made available by FEMA. The grant awarded by FEMA in 2020 covers approximately 30 parcels in Rolling Hills. The Los Angeles County Fire Department advised the City to continue to seek grant funds to perform similar work elsewhere in Rolling Hills to further mitigate wildfire risks. As advised by the Los Angeles County Fire Department, staff also reported to the City Council that grant writer services were being solicited to pursue additional grant monies for fuel abatement. The City Council was supportive of staff's approach. The HMPG requires applicants to submit a Notice of Intent (NOI), briefly describing the project scope, and the cost to benefit analysis. FEMA will review the NOIs and then select certain projects to move to the next phase, to submit a complete grant application for funding. The NOI is due May 10, 2023. DISCUSSION: In 2019, MNS Engineers, Inc. assisted the City in submitting two utility undergrounding projects through the FEMA HMPG. The City was successful in both applications and received nearly $4M of grant funds for both projects. 44 With familiarity with the HMPG requirements, and the City of Rolling Hills, MNS Engineers, Inc. was requested to provide a proposal to prepare and submit a NOI by FEMA's stipulated deadline of May 10, 2023. MNS Engineers Inc. was asked to work off of the previous HMPG application for defensible space/fuel breaks for the 30 parcels, and with the Los Angeles County Fire Department to reduce MNS Engineers Inc.'s fees. MNS Engineers Inc. responded timely and submitted a proposal within a week estimating a $10,000 fee to prepare and submit a NOI. This fee would include working with the Los Angeles County Fire Department for project scoping and with the California Office of Emergency Services (CalOES)/FEMA on perfecting the NOI. If the preparation of the NOI results in less than the hours estimated by MNS Engineers Inc., the fee would be less than $10,000. FISCAL IMPACT: Per Rolling Hills Municipal Code (RHMC) 3.04.040, the City Manager is authorized to spend up to $25,000 if there is adequate unencumbered budget in the account against which the expenditure is to be charged. The adopted Fiscal Year 2022-2023 budget includes $17,000 for a grant writer in account 01-01-890. To date, for full transparency, the City Manager has in general presented all professional services contracts to the City Council for approval regardless of the amount. With a constrained timeline to prepare and submit a NOI by May 10, 2023, the City Manager executed a professional services agreement with MNS Engineers Inc., for a not-to-exceed fee of $10,000 in late March 2023. Should the City Council decide to cancel the professional services agreement with MNS Engineers Inc., the City would be obligated to pay for the services incurred up to the day the contract is cancelled. RECOMMENDATION: Approve as presented. ATTACHMENTS: CA_AGR_230406_MNS-Engineers_GrantWriting_E.pdf 45 46 47 48 49 50 51 52 53 54 55 Agenda Item No.: 8.G Mtg. Date: 04/24/2023 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:JOHN SIGNO, DIRECTOR OF PLANNING & COMMUNITY SERVICES THRU:ELAINE JENG P.E., CITY MANAGER SUBJECT:CONSIDER AND APPROVE SUBSCRIPTION TO LOS ANGELES COUNTY'S GEOGRAPHIC INFORMATION SYSTEM (GIS); AND AUTHORIZE THE ALLOCATION OF $4,500 FROM SALARY SAVINGS IN THE PLANNING DEPARTMENT TO COVER THE ONE-TIME COST OF THE GIS. DATE:April 24, 2023 BACKGROUND: Established in 2005, the Los Angeles Region Imagery Acquisition Consortium (LARIAC) has delivered highly accurate digital aerial imagery and elevation datasets to participants at substantial cost savings, and has become a national model for collaborative data acquisition. LARIAC is a consortium of the County of Los Angeles, in partnership with cities and agencies, which collaboratively acquires valuable digital aerial data, including imagery and elevation data. Leveraging the combined buying power of the member agencies, LARIAC reduces costs, enables participants to acquire more data than would be possible individually, and provides consistent and comparable data over time. In June 2020, the City entered into a contract for LARIAC6 with LA County GIS Department to subscribe to their services for 2020, 2021, and 2022. LARIAC6 is the sixth round of digital aerial data acquisition done in winter 2020. The maximum contribution of the City was $21,576.08. DISCUSSION: LARIAC is in its seventh cycle (LARIAC7) of digital aerial data acquisition, scheduled to begin initial data capture in early 2023 with delivery by December 2023. LARIAC7 will update its highly accurate orthogonal and oblique imagery with color infrared, as well as derived data including building outlines. As the City continues to improve and expand its services to residents and other stakeholders, more advanced tools will be needed to help deliver accurate information more efficiently and quickly. Having proper tools will help augment the lack of manpower while increasing productivity. GIS maps will be useful in conducting research on projects by staff. GIS is a great 56 tool because it provides easily accessible accurate information that could be filtered and expanded depending on one's needs. Subscribing to LA County's GIS mapping services will provide the City with the latest city map updated with approved new lot lines and subdivisions, overlay zones, legible addresses and street names and assigned land use designation. The City will also have access to the LARIAC system which provides the latest aerial view of the City, building envelop that is measurable, measuring tools, contour lines and drainage patterns. The subscription cost to LA County's GIS program is significantly lower than in 2020 because staff opted not to receive the delivery of data sets. Staff will have two logins and access to the GIS viewer. Staff will also have access to previous LARIAC versions including historical aerials. If the City wanted mapping services to create a certain type of map, it is a service request that requires additional hourly costs. FISCAL IMPACT: The subscription cost to LA County's GIS program is $4,500 for a three-year cycle (2023, 2024, and 2025). The City can either pay a one-time fee of $4,500 or two equal installments of $2,250 (upon execution of the contract and in spring 2024). Updating or creating maps with new layers is based on an hourly rate of $186 per hour. There are sufficient salary savings in the Planning Department budget that can be allocated to the Dues & Subscriptions (Acct. No. 01-15-750) to fund the subscription, one time set up fee, and membership to LARIAC7. RECOMMENDATION: Staff recommends subscribing to LA County's GIS to be able to have aerial photographs of the City, contour information, measurement capabilities to enhance staff's service to the community, and authorize the transfer of $4,500 from the salary savings to the dues and subscriptions account to cover the cost of the GIS. ATTACHMENTS: LARIAC7 Letter to Participants (Final) Rolling Hills.pdf LARIAC6_Signed_Agreement_2020.pdf 57 County of Los Angeles INTERNAL SERVICES DEPARTMENT 9150 Imperial Hwy. Downey, California 90242 SELWYN HOLLINS Director “To enrich lives through effective and caring service” Telephone: (323) 267-2103 FAX: (323) 264-7135 January 18, 2023 Elaine Jeng City Manager City of Rolling Hills Dear Elaine Jeng, LOS ANGELES REGION IMAGERY ACQUISITION CONSORTIUM (LARIAC7) Established in 2005, the Los Angeles Region Imagery Acquisition Consortium (LARIAC) has delivered highly accurate digital aerial imagery and elevation datasets to participants at substantial cost savings and has become a national model for c ollaborative data acquisition. LARIAC participants have included 52 cities, 27 County departments, 16 local, state, and federal agencies, and seven educational institutions. To ensure the currency of the aerial imagery, we are working with consortia memb ers to plan and initiate the next LARIAC cycle – LARIAC7. This document describes LARIAC, highlights its benefits, provides a status update, and discusses the proposed scope, schedule, and cost. Your total portion of the cost of LARIAC7 for limited access will be $4,500. To conserve paper, we will also E-mail a digital copy of this letter and Participant Agreement to current LARIAC participants. These participants are listed on Attachment I. Payments are traditionally invoiced in two equal installments in year one (Spring 2023) and two (Spring 2024) of the cycle. LARIAC BACKGROUND LARIAC is a consortium of the County of Los Angeles, in partnership with cities and agencies, which collaboratively acquires valuable digital aerial data, including imagery and elevation data. Leveraging the combined buying power of the member agencies, LARIAC reduces costs, enabled participants to acquire more data than would be possible individually and provides consistent and comparable data over time. The LARIAC Website (https://lariac-lacounty.hub.arcgis.com/) provides comprehensive information about the project, including detailed data descriptions and samples, product guides, documentation, and agreements. 58 LARIAC7 January 18, 2023 Page 2 LARIAC7 LARIAC is in its seventh cycle (LARIAC7) of digital aerial data acquisition, scheduled to begin initial data capture in early 2023 with delivery by December 2023. Attachment II shows various LARIAC data acquisitions. LARIAC7 will update its highly accurate orthogonal and oblique imagery with color infrared, as well as derived data including building outlines. LiDAR-based elevation data and derived products, last acquired in 2016 as part of LARIAC4, will also be included in LARIAC7. The benefits of LARIAC program and its products are listed on Attachment III. Additional products will be finalized in the coming months. These may include additional high resolution image acquisitions throughout the three-year cycle, 3D mesh, additional derived GIS data products and/or street-level imagery and derived products. Additional details on LARIAC7 product list can be found in Attachment IV. LARIAC7 PARTICIPATION We look forward to your participation in LARIAC7. If your organization would like to join LARIAC7, please complete and return the attached “Participant Agreement,” authorizing the County to invoice your city/agency for the initial payment, which will be one half of the total amount. Please return either the signed “Letter of Intent” or “Participant Agreement” as a digitally signed document via email (preferred) to Steve Steinberg ssteinberg@isd.lacounty.gov and An Dang adang@isd.lacounty.gov or in hard copy by mail to Attention: Steven Steinberg County of Los Angeles Internal Services Department Mailstop #3 9150 Imperial Highway Downey, CA 90242 If you have any questions, please contact one of us below: LARIAC Project Director LARIAC Project Manager Steven Steinberg An Dang (562) 392-7126 (562) 955-3916 ssteinberg@isd.lacounty.gov adang@isd.lacounty.gov 59 LARIAC7 January 18, 2023 Page 3 Sincerely, Steven J. Steinberg, Ph.D., MPA, GISP Geographic Information Officer (GIO) County of Los Angeles CC: Janely Sandoval Attachments (6) 60 LARIAC7 January 18, 2023 Page 4 ATTACHMENT I LARIAC PARTICIPANTS LARIAC1 LARIAC2 LARIAC3 LARIAC4 LARIAC5 LARIAC6 Cities City of Agoura Hills X X X City of Arcadia X X X City of Azusa X X X X X City of Bellflower X City of Beverly Hills X X X X X X City of Burbank X X X X X X City of Carson X X X X X City of Cerritos X X X X City of Claremont X X X X X City of Covina X X X City of Culver City X X X X X X City of Diamond Bar X X City of Downey X X X X X City of Duarte X City of El Monte X City of El Segundo X X X X X X City of Gardena X X City of Glendale X X X X X X City of Hermosa Beach X X X X X X City of Industry X X X X X X City of Inglewood X X X X X X City of Irwindale X X City of La Canada Flintridge X X X X X X City of La Habra Heights X X City of Lakewood X X X X X X City of Lancaster X X City of Long Beach X X X City of Los Angeles X X X X X X City of Malibu X X City of Manhattan Beach X X X X X X City of Monrovia X City of Monterey Park X X X City of Norwalk X City of Palmdale X City of Palos Verdes Estates X X City of Pasadena X X X X X X City of Pico Rivera X City of Rancho Palos Verdes X X X City of Redondo Beach X X X X X City of Rolling Hills X City of San Dimas X X X X City of San Fernando X X City of Santa Clarita X X X X X X City of Santa Fe Springs X X X X 61 LARIAC7 January 18, 2023 Page 5 City of Santa Monica X X X X X X City of Signal Hill X X X City of South El Monte X X City of South Pasadena X City of Temple City X X City of Torrance X X X X X X City of West Covina X City of West Hollywood X X X City of Westlake Village X X X City of Whittier X X X X X X County Departments Agricultural Commission/Weights and Measures X X X X X X Animal Care & Control X X X X X Arts Commission X X Assessor X X X X X X Auditor Controller X X Beaches & Harbors X X X X X X Board of Supervisors Executive Office X X Chief Executive Office/Office of Emergency Management X X X X X X Child Support Services X X Children & Family Services X X X X X Consumer Affairs X X Coroner X X Fire X X X X X Health Services X X X X X X Internal Services Department X X X X X X Library X X X X X Mental Health X X X X X Parks & Recreation X X X X X X Probation X X X X X Public Health X X X X X X Public Social Services X X X X X Public Works X X X X X X Regional Planning X X X X X X Registrar-Recorder/County Clerk X X X X X X Sheriff X X X X X Treasurer and Tax Collector X X Workforce, Development, Aging, and Community Services X X X X X Local, State, and Federal Agencies Alameda Corridor Transportation Authority X Amigos de Los Rios X California Department of Transportation X X X Catalina Island Conservancy X X X X X X Los Angeles Air Force Base X X Los Angeles County Metropolitan Transit Authority (MTA) X X Los Angeles County Sanitation District No. 2 X X X X X 62 LARIAC7 January 18, 2023 Page 6 Los Angeles Region Gang Information Network (LARGIN) X X Port of Los Angeles X X X X X X Port of Long Beach X X Santa Catalina Island Conservancy X X X X Santa Clarita Valley Water Agency X X Southern California Association of Governments X Southern California Edison (Catalina Island) X X US Geological Survey X X X US National Guard X X Water Replenishment District of Southern California X X X Educational Institutions Palos Verdes on the NET X California State University, Channel Islands X California State Polytechnical University, Pomona X X California State University, Long Beach X X X X X X California State University, Los Angeles X California State University, Northridge X Claremont University Consortium X Rio Hondo Community College X Loyola Marymount University X University of Southern California X X X University of California at Los Angeles X X X X X 63 LARIAC7 January 18, 2023 Page 7 ATTACHMENT II LARIAC DATA ACQUISITIONS Data 2006 (L1) 2008 (L2) 2011 (L3) 2014 (L4) 2017 (L5) 2020 (L6) 2023 (L7) Orthogonal Imagery (4-inch) X (including Infrared) X X X (including 2012 and 2103 1-foot imagery) X (including Infrared imagery and multiple acquisitions per year) X (including Infrared imagery in 2020 and multiple acquisitions per year through 2022) X (including Infrared imagery in 2023 and multiple acquisitions per year through 2025) Oblique Imagery X X X X X X X Building Outlines X (400 sq ft) X (400 sq ft) X (300 sq ft) X (300 sq ft) X (300 sq ft) Elevation Data X X X Derived Data (tree canopy, solar insolation, slop, hillshade, height model, land cover, etc.) X X X X 64 LARIAC7 January 18, 2023 Page 8 ATTACHMENT III DIGITAL AERIAL IMAGERY AND ELEVATION BENEFITS Digital aerial imagery and elevation data provide valuable support for decision making within agencies, as well as cost savings for operations. High quality image data enables staff to make virtual site visits that improves and may replace field work, reducing information collection costs. Some examples include: • Public Safety: Fire and Police personnel can plan for and “see” the location of incidents and addresses, improving dispatch, crime analysis, incident response, and officer safety. • Public Works: Reduces the need for field visits, supports traffic and pavement management, storm drain and flood protection, and enhances project planning and infrastructure management. • Planning: Improves code enforcement, site plan review, and understanding impacts of new projects. • Economic Development: Improves outreach to businesses by providing detailed site information for potential developments and surrounding areas. • Disaster Planning and Response: Improves planning and response before, during, and after disasters, providing a foundation for a Common Operating Picture. • Community Outreach: Improves communication with residents by providing a picture of the area of discussion, increasing citizen engagement. • Operational Efficiency: A consistent view of a city or agency supports collaboration, integration, and efficiency to lower operational costs. LARIAC BENEFITS High resolution data provided through LARIAC data offers key benefits when compared to aerial imagery from online providers (“free mapping websites” like Google or Bing), and off -the- shelf vendors. These include: • Enhanced resolution (4-inch rather than 1-foot) shows greater detail and provides more information (you can see manhole covers and road striping); • Unparalleled accuracy (+/- 2-feet accuracy) ensures information captured from the imagery is in the right location, supporting facilities management, planning, and operations; • Breadth of products (orthogonal and oblique imagery, building footprints, and elevation data) to support of city or agency’s business needs; • Multiple access methods, including desktop, handheld, and mobile, as well as local and remotely hosted solutions to eliminate agency hardware and software costs; • Variety of formats and compressed formats to enable use within existing applications in the field; • Access to historical data from previous LARIAC image acquisitions to assess change over time; and 65 LARIAC7 January 18, 2023 Page 9 • Complete control of LARIAC data products, including availability for use by your contractors. LARIAC participation allows for data use and deployment across your entire agency in all applications, from planning to emergency services to public works. One of the key benefits of LARIAC is cost sharing, provides members a suite of high quality deliverables at lower cost per member as more cities and agencies participate. Cost savings are passed back to participants in the form of additional data products, more frequent image capture and maintaining the price point over time. To date, 102 cities, County departments, agencies, and educational institutions have benefited from these cost savings. These entities are listed in Attachment I. We invite you to contact these participants to learn more about their use and benefit from the LARIAC. 66 LARIAC7 January 18, 2023 Page 10 ATTACHMENT IV LARIAC7 PRODUCT LIST Orthogonal Imagery • 4-band orthogonal imagery (including color infrared) at 4-inch or better resolution in the urban areas, and 9-inch or better in the National Forest. • Multiple formats (TIFF, JPEG2000, and compressed ECW). Oblique Imagery • 3-band color oblique imagery at 4-inch resolution. • Online hosted access for desktop and mobile devices. Building Outlines • Building outlines updated for all buildings over 300 square feet. Digital Terrain Data • LIDAR point cloud including all elevation data (QL1 or better). • Digital Terrain Model (DTM) – bare earth data derived from LIDAR. • Digital Surface Model (DSM) - building and tree tops derived from LIDAR. • Digital Elevation Model (DEM) – bare earth data optimized for processing. • 1-foot contours for urban areas, and 2-feet contours for the National Forest. Additional Data Product(s) as Feasible • Additional high resolution image acquisitions throughout the three -year cycle. • Normalized Difference Vegetation Index (NDVI). • Solar Model. • Raster Tree Canopy Model. • Raster Building data Model. • Hillshade. • Slope. • Raster Height Model. • 3D mesh. • Street-level imagery and derived products. • Other additional derived GIS data products. Hosted Solution • EagleView CONNECTExplorer and CONNECT Products (e.g. EagleView for ESRI Web AppBuilder, Integrated Pictometry Application). • Image services provided as WMS, WMTS, TMS, and Esri REST. GIS Viewer Access • Enhanced access to the LARIAC data, current parcel information, other County GIS data, and mapping and GIS tools through the County’s GIS Viewer. 67 LARIAC7 January 18, 2023 Page 11 ATTACHMENT V SAMPLE LETTER OF INTENT 68 LARIAC7 January 18, 2023 Page 12 <Current Date> Steven Steinberg County of Los Angeles Internal Services Department Mailstop #3 9150 Imperial Highway Downey, CA 90242 Dear Dr. Steinberg: It is our intent to participate in the 2023 Los Angeles Region Imagery Acquisition Consortium (LARIAC7). LARIAC7 will acquire 4-inch color orthogonal in urban areas (9-inch in National Forests), 4-inch oblique aerial photography, building representations (outlines), digital terrain data, and additional high resolution image acquisitions throughout the three -year cycle. We understand the cost will be $4,500 for limited access to LAR-IAC7. Recognizing that our final commitment is contingent upon approval by our organization. It is understood this approval must be obtained prior to confirming our participation in this project. If you have questions, please contact <Name and Title of Primary Contact> at <Telephone, Fax and E-mail Address>. Sincerely, _________________________ __________________________ Signature Print Name ___________________________ ____________________________ Title Date 69 Page | 1 ATTACHMENT VI PARTICIPANT AGREEMENT BY AND BETWEEN THE COUNTY OF LOS ANGELES AND PARTICIPATING ENTITIES FOR THE LOS ANGELES REGION – IMAGERY ACQUISITION CONSORTIUM 7 ("LARIAC7") PROJECT 70 Page | 2 PARTICIPANT AGREEMENT BY AND BETWEEN THE COUNTY OF LOS ANGELES AND PARTICIPATING ENTITIES FOR THE LOS ANGELES REGION – IMAGERY ACQUISITION CONSORTIUM 7 ("LARIAC7") PROJECT This Participant Agreement (Agreement) is made and entered into by and between the County of Los Angeles (County), a political subdivision of the State of California, and City of Rolling Hills, a California city, special district, agency, or educational institution. Each individual city, district, educational institution, or agency is referred to herein individually as a “Participating Entity” and collectively as the “Participating Entities”. The County and the Participating Entities are hereinafter referred to collectively as the “Parties” and each individually as a "Party". A. WHEREAS, County has planned to acquire new digital orthogonal and oblique aerial imagery in the winter of 2023 Project; B. WHEREAS, County has become aware that various Participating Entities have similar projects currently underway or plans to undertake similar projects in the near future; C. WHEREAS, in order to avoid the duplication of efforts and costs by the Parties, the Parties desire to pool their resources to collectively undertake the Project; and D. WHEREAS, the Parties intend to participate in the Project upon the terms and conditions set forth herein below. NOW, THEREFORE, in consideration of the mutual covenants herein set forth and the mutual benefits to be derived therefrom, the Parties agree as follows: 1. Purpose The purpose of this Agreement is to provide a vehicle for the collective participation in the Project by the Parties. The Project shall focus on the acquisition of certain aerial imagery digital data which may include, but are not limited to, products listed in Attachment A ("Digital Data"). It is the intent of the Parties that Digital Data shall be acquired under this Agreement for areas within the County of Los An geles covered by the jurisdictions of the Parties. 71 Page | 3 2. Responsibilities of the County A. Identify and provide specifications for Digital Data (or their derivatives) to the contractors hired to complete the Project. B. Develop all necessary procurement documents for necessary services to be provided by one or more qualified contractors in connection with the acquisition and administration of the Digital Data. C. Select the most qualified contractor or contractors to provide the necessary services in connection with the acquisition and administration of the Digital Data and thereafter, manage the entire acquisition and administration of the Project. D. With the assistance of one or more selected contractors, provide Quality Control (QC) for all Digital Data delivered under this Agreement. E. Arrange for the delivery of the Digital Data (or portions thereof) to the Participating Entity upon Project completion. F. Provide monthly reports to the Participating Entities on the status of the Project. 3. The Participating Entity Has the Right to A. Participate in identifying and providing technical specifications for the Digital Data (or their derivatives). B. Provide currently available geodetic points (with necessary standards and accuracy) for County's QC process. D. Acquire additional digital aerial products from the contractors through t his Agreement, provided that a Statement of Work is provided. County assumes no liability for the completion of these products. 4. Mutual Responsibilities; Maximum Contribution The Parties shall be mutually responsible for the following: A. Financing the acquisition and administration of the Digital Data including, but not limited to, costs related to QC and the subsequent distribution thereof. The total cost of such acquisition and administration (Total Cost) shall be allocated among the Parties and the Participating Entities. The portion of the Total Cost allocated to a Party hereunder shall be hereinafter referred to as the Party’s "Maximum Contribution." Each Participating Entity will transfer its Maximum Contribution to a LARIAC account which has been established by the County for this Project (LARIAC Account) and as further described in Paragraph 5 of this Agreement. Under no circumstances shall the Participating Entity be 72 Page | 4 responsible for any payment that exceeds its Maximum Contribution under this Agreement. The Maximum Contribution of the Participating Entity shall be $4,500. This cost is for limited LARIAC7 access as described in Section 6. General Terms and Conditions. B. In the event the Project is terminated for any reason before the execution of any contract with a contractor for the provision of goods and/or services in connection with the Project, each Participating Entity shall be refunded its Maximum Contribution (or such portion of the Maximum Contribution as shall have been paid to the County by such Participating Entity) in its entirety. 5. Payment of Maximum Contribution; Administration of LARIAC Account A. A Participating Entity shall have the following options in paying its Maximum Contribution to the County hereunder: i. The Participating Entity may elect to pay its Maximum Contribution to County in its entirety upon execution of this Agreement . ii. The Participating Entity may elect to pay its Maximum Contribution to County as follows: (a) fifty percent (50%) of the Maximum Contribution upon its execution of this Agreement; and (b) fifty percent (50%) upon delivery of the Digital Data to the Participating Entity. B. The LARIAC Account established by the County in connection with the Project, shall be subject to the following: i. All funds held in the LARIAC Account shall be used solely for the payment of contractors selected by County to provide goods and services in connection with the Project. ii. Any funds held in the LARIAC Account not expended upon the completion of the Project or the termination of this Agreement shall be held, administered, and returned to Parties based on their prorated contribution to the total costs of the Project. 6. General Terms and Conditions A. This Agreement shall take effect upon execution and shall remain in effect through final delivery of all Digital Data and through the duration of the license - use term. B. The term of this Agreement may be extended by an Amendment to this Agreement. 73 Page | 5 C. It is the intention of the Parties that the Participating Entity shall receive, with the delivery of the Digital Data, an unlimited irrevocable perpetual, royalty- free license. The license may be used to, modify, edit, reuse, reproduce, translate, create derivatives, compile, other works based upon the Digital Data, and combine the data with other contents selected by the Participating Entity in its own operation, with an unlimited number of seats; including, but not limited to Internet and intranet applications, copying, and printing. D. The Participating Entity shall have the right to transfe r, sublicense, and distribute any form of media either now known or hereinafter desired the Digital Data to its subcontractors or consultants on projects which are outsourced from its own operations. In this connection, the Participating Entity shall require each subcontractor or consultant to whom the Digital Data is transferred to execute a written acknowledgement and agreement to abide by such Participating Entity’s license to use the Digital Data. Such acknowledgement and agreement is provided in Attachment B (Los Angeles Regional Imagery Acquisition Consortium (LAR-IAC) 7 Authorized User Confidentiality and Non-Disclosure Agreement). E. The Participating Entity will have limited access to LAR-IAC7 as follows: (i) The number of named accounts on CONNECTExplorer is limited to two (2) users. (ii) Named accounts must be tied to a single individual, who is a n employee of the Participating Entity and the sole user of the account. Accounts may not be shared by multiple persons. (iii) Additional named user account subscriptions may be directly purchased by the Participating Entity at a rate of $500 per named user per year. F. The Participating Entity may receive EagleView administered training for CONNECTExplorer. G. Notwithstanding any provision of this Agreement to the contrary, a Participating Entity shall not have the right to sell, resell, or otherwise transf er its license to use the Digital Data to any other person or entity. H. This Agreement may be amended or modified only with the prior written consent of the Participating Entity. I. Nothing in this Agreement shall be construed to give any person or entity, other than the Parties hereto, any legal or equitable right, remedy, or claim under or in respect to this Agreement or any provision herein contained. This Agreement and the provisions hereof are intended to be and are for the sole and exclusive benefit of the Parties. J. No Party may terminate its participation under this Agreement after the execution of contract(s) for the acquisition of the Digital Data without the prior written consent of County. 74 Page | 6 K. Any other California city, special district, agency, or educational institution may become a Participating Entity under this Agreement if: (i) Such entity executes this Agreement, and (ii) Such entity makes its Maximum Contribution to County as provided for under this Agreement. Any such contribution shall be deposited into the LARIAC Account and administered in accordance with sub- paragraph 5.B of this Agreement. L. This Agreement may be executed in counterparts and the signed counterparts shall constitute a single instrument. The signatories to this Agreement represent that they have the authority to bind their respective party to this Agreement. IN WITNESS WHEREOF, the parties have executed this Participant Agreement for the Los Angeles Region – Imagery Acquisition Consortium 7 Program on the date indicated below. PARTICIPANT ENTITY COUNTY OF LOS ANGELES City of Rolling Hills INTERNAL SERVICES DEPARTMENT By: __________________________________ By: ______________________________ Date: _________________________________ Date: _____________________________ 75 Page | 7 ATTACHMENT A DIGITAL DATA All data will be acquired in 2023 unless otherwise noted. Orthogonal Imagery • 4-band orthogonal imagery (including color infrared) at 4-inch or better resolution in the urban areas, and 9-inch or better in the National Forest. • Multiple formats (TIFF, JPEG2000, and compressed ECW). Oblique Imagery • 3-band color oblique imagery at 4-inch resolution. • Online hosted access for desktop and mobile devices. Building Outlines • Building outlines updated for all buildings over 300 square feet. Digital Terrain Data • LIDAR point cloud including all elevation data (QL1 or better). • Digital Terrain Model (DTM) – bare earth data derived from LIDAR. • Digital Surface Model (DSM) - building and tree tops derived from LIDAR. • Digital Elevation Model (DEM) – bare earth data optimized for processing. • 1-foot contours for urban areas, and 2-feet contours for the National Forest. Additional Data Product(s) as Feasible • Additional high resolution image acquisitions throughout the three -year cycle. • Normalized Difference Vegetation Index (NDVI). • Solar Model. • Raster Tree Canopy Model. • Raster Building data Model. • Hillshade. • Slope. • Raster Height Model. • 3D mesh. • Street-level imagery and derived products. • Other additional derived GIS data products. 76 Page | 8 ATTACHMENT B LOS ANGELES REGIONAL IMAGERY ACQUISITION CONSORTIUM (LAR-IAC) 4, LAR-IAC5, LAR-IAC6, LAR-IAC7 AUTHORIZED USER CONFIDENTIALITY AND NON-DISCLOSURE AGREEMENT (NDA) 1. Pictometry International Corp., a Delaware company with offices at 25 Methodist Hill Drive, Rochester, NY 14623 (“Pictometry”), and the County of Los Angeles (“County”) have entered into that certain agreement dated December 3, 2013 as amended from time to time (“Agreement”) for delivery of licensed digital mapping data and software (“Licensed Products”) to the County. Under the Agreement, certain governmental entities (“Authorized Entities”), including County Departments and non-County Authorized Participants, which participate in the LAR-IAC may be granted copies of or otherwise provided acce ss to the Licensed Products through a Participant Agreement. 2. Pursuant to Paragraph 11.2 (Authorized Users) of the Agreement, Licensed Products may only be accessed or otherwise used by an Authorized User, which includes any contractor or consultant of an Authorized Entity using the Licensed Products either at the facilities of such Authorized Entity or for any Project (as defined below) of such Authorized Entity. 3. The undersigned is an Authorized User of an Authorized Entity under the Agreement and d esires to use the Licensed Products solely for internal, noncommercial use and for purposes no greater than reasonably needed to achieve the objectives of an actual project undertaken in connection with the relati onship with the Authorized Entity (“Project”). 4. The undersigned Authorized User understands and agrees that the Licensed Products contain proprietary, trade secret and/or confidential information (“Confidential Information”) of Pictometry. Therefore, by signing this Authorized User Confidentiality and Non-Disclosure Agreement (“NDA”), the Authorized User agrees to use the Licensed Products solely for the Project, which is a nonexclusive, nontransferable and non-assignable right, from the effective date of this NDA until the expiration or termination of the Project for which the undersigned Authorized User was engaged by the particular Authorized Entity. 5. Pictometry and the County acknowledge that the Agreement and certain information and documentation (collectively, "Records") may be subject to public record requests (e.g., California Public Record Act Request or Freedom of Information Act Request) or other compelled legal disclosure requests (e.g., a subpoena or warrant) (collectively, "Compelled Disclosure Requests"). Should the Authorized Entity reasonably believe that Records, in whole or in part, are subject to production via a valid, properly submitted Compelled Disclosure Request, the Authorized Entity will promptly notify County and Pictometry of such request providing five (5) days advance notice prior to producing any of the requested Records. Pictometry explicitly reserves the right to object to any such production and to pursue any and all remedies it has in both law and in equity to preven t the release of such Records. The Authorized User and the Authorized Entity, at Pictometry’s expense, shall reasonably cooperate with Pictometry in connection with the foregoing. 6. The undersigned Authorized User agrees to protect and maintain any Conf idential Information the Authorized User is given access to under this NDA using at least the same protections and to the same extent the Authorized Entity uses to protect and maintain its own confidential information of a similar nature. 7. To the extent any Confidential Information that is not in the public domain is revealed through the operation or other use of the Licensed Products, the Authorized User agrees that it will not make use of, disseminate or in any way disclose such Confidential Information without the County’s prior written consent, which County may first need to obtain from Pictometry. 77 Page | 9 IN WITNESS WHEREOF, the undersigned Authorized User, by his/her authorized signature, agrees to all terms and conditions of this NDA as of the date set forth below. AUTHORIZED USER: Signature: Address: Name: Organization: City/Zip: Date: Phone: AUTHORIZED BY: Signature: Name: Title: Date: Authorized Entity: County’s Project Director: Note: Submit completed form and a copy of the contract between the Authorized Entity and the Authorized User that details the “Project” to Dr. Steven Steinberg, LARIAC Project Director, at SSteinberg@isd.lacounty.gov and Cc’ An Dang, LARIAC Project Manager, at adang@isd.lacounty.gov for review and approval. 78 Page | 10 Map 1: Areas for Orthogonal Imagery Products 79 Page | 11 Map 2: Areas for Oblique Imagery Products 80 81 82 83 84 85 IN WITNESS WHEREOF, the parties have executed this Participant Agreement for the Los Angeles Region -Imagery Acquisition Consortium 6 Program on the date indicated below . PARTICIPANT ENTITY City of Rolling Hills Page 16 COUNTY OF LOS ANGELES INTERNAL SERVICES DEPARTMENT Date: ___;C,:...J..jJ_f+/j-=2.t>=-2~D __ _ 86 87 88 89 90 91 92 Agenda Item No.: 8.H Mtg. Date: 04/24/2023 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO CITY MANAGER THRU:ELAINE JENG P.E., CITY MANAGER SUBJECT: APPROVE AREA G'S SOUTH BAY ALERT ADMINISTRATOR CONTRACT RENEWAL FOR USE WITH THE EVERBRIDGE SYSTEM DATE:April 24, 2023 BACKGROUND: Los Angeles County Area G Disaster Management Operational Area is comprised of El Segundo, Gardena, Hawthorne, Hermosa Beach, Inglewood, Lawndale, Lomita, Manhattan Beach, Palos Verdes Estates, Rancho Palos Verdes, Redondo Beach, Rolling Hills, Rolling Hills Estates and Torrance. In January of 2021, Alert South Bay, Inc (ASB) was formed as a 501(c)3 nonprofit incorporation in Los Angeles County, CA. ASB’s primary mission is to provide integrated emergency mass notification services to Los Angeles County. ASB is comprised of the cities within Area G deploying a notification system using Everbridge that has interoperability between all participating cities across jurisdictional notifications. ASB, through Everbridge, uses white page information for the community, per SB821, without the need for individuals to opt in and the system can push out messages across jurisdictional boundaries. Everbridge is a software application used to send targeted messages during an emergency via text message, cellular service, landlines, email, social media, and it is integrated into FEMA’s Integrated Public Alert and Warning System (iPAWS). DISCUSSION: In recent years the City has participated in ASB and utilized the Everbridge platform for Emergency Notifications. In 2020, the City of Rolling Hills contracted individually with Everbridge/Alert South Bay for $5,171 in year one and $4,171 for years 2 and 3. This past year, the Area G cities re-negotiated the contractual terms and costs for participation in the program and use of the platform. Under the new group negotiated rates for a 3-year term, the City would pay an annual fee of $2,439.45 in Year 1 and an annual fee of $2,556.74 93 for Year 2 and Year 3. This includes Program Administration Costs as listed below. Attached is a chart showing the cost breakdowns for the Everbridge Contract portion. The total costs for the Everbridge platform are $1,645.45 in Year 1 and $1,762.74 for Year 2 and Year 3. The City Council approved the Everbridge contract at the March 27, 2023 meeting. The ASB Program Administration Costs covers the attached Area G contract with Emergency Management Safety Partners, LLC (EMSP) and Mrs. Soraya Sutherlin. As Area G does not have the personnel able and/or available to perform services necessary for regional alerts and warnings, the administrator will serve as a liaison between Area G and the cities participating in ASB. EMSP will perform the following Program Administration services: software administration, maintenance and functionality; Training and Excercising; managing contract services; community outreach; hosting meetings and events; holding special events and projects specific to disaster readiness; incident support services The contract was commenced on April 1, 2023 for a one year term with the option of 2 one- year extensions. The total Program Administration Costs are $794.00 for Years 1-3. FISCAL IMPACT: The cost of continued participation in Alert Southbay and Everbridge subscription is available in the FY 22/23 adopted budget under 01-65-917 Emergency Preparedness RECOMMENDATION: Approve as presented. ATTACHMENTS: PS_ARG_230418_EverbridgeASB_3YearCosts.pdf PS ASB 230401 Administrator Contract EMSP F E.pdf 94 Everbridge Costs - 3 years Year 1 Account Name MN Pro Everbridge Professional Services (50 hrs Technical Support) * Resident Connection (RC) RC Set Up Fee (One time cost) Service Credits Consolidated EVBG Contract Total Year 1 Program Administration Costs (Soraya) Consolidated Contract Grand Total Due Current Contract Costs FY21/22 Rolling Hills $421.00 $1,178.57 $163.17 $13.05 $130.34 $1,645.45 $794.00 $2,439.45 $4,171.00 These hours are for the implementation of features currerntly not in use. Some cities already have resident connection data therefore they will not be assesed a set up fee. Credit is based on current EVBG contract. Year 2 & 3 will not have a credit. Cost was calculated utilizing the Area G annual invoice formula Current contract costs Year 2 & 3 Rolling Hills $421.00 $1,178.57 $163.17 0 0 $1,762.74 $794.00 $2,556.74 $4,171.00 Set up is a 1 time fee which was completed in year 1 No credits are applied in year 2 & 3 Cost was calculated utilizing the Area G annual invoice formula Year 2 & 3 Current contract costs 95 1 CONTRACT FOR COORDINATING DISASTER MANAGEMENT SERVICES THIS CONTRACT is made and entered into as of between the Governing Board of DISASTER authority, and Emergency Management Safety Partners, LLC Area G and Regional Alert and Warning Administrator agree as follows: 1.0 ENGAGEMENT OF REGIONAL ALERT AND WARNING ADMINISTRATOR. 1.1 Area G does not have the personnel able and/or available to perform the services required under this Contract. 1.2 Area G agrees to engage Regional Alert and Warning Administrator to perform the services as hereinafter set forth in Exhibit A. 1.3 The term of this Contract shall be for one (1) year from the date this Contract is signed (the Area G, in its sole discretion, may extend this agreement for up totwo (2) additional one year term(s)by written notice to RegionalAlertandWarningAdministrator provided at any time prior to the Termination Date, and the Termination Date shall be adjusted accordingly. Regional Alert and Warning Administrator shall perform the services through the Termination Date, unless a later date is agreed to in writing by Area G. 2.0 SCOPE OF SERVICES. 2.1 Regional Alert and Warning Administrator shall perform all work necessary to complete the services described in Exhibit A. Soraya Sutherlin shall be the person principally responsible for Regional Alert and Warning obligations herein and shall serve as the principal liaison between Area G and the cities participating in the Alert SouthBay Program. Designation of another responsible principal by Regional Alert and Warning Administrator shall not be made without the prior written consent of Area G. 96 3 2.2 All services shall be performed to the satisfaction of Area G. 2.3 All services shall be performed according to the standards then prevailing in the municipal emergency management profession in Los Angeles County. 2.4 The Disaster Management Area Coordinator, or her designee, for the purposes of this Contract, is the agent for Area G; whenever approval or authorization is required, Regional Alert and Warning Administrator understands that the Disaster Management Area Coordinator, or her designee, has the authority to provide that approval or authorization. 3.0 PERSONNEL. 3.1 Regional Alert and Warning Administrator represents that it employs, or will employ, at its own expense, all personnel required to perform the services under this Contract. 3.2 Regional Alert and Warning Administrator shall not subcontract any services to be performed by it under this Contract without prior written approval of Area G. 3.3 All of the services required hereunder will be performed by Regional Alert and Warning Administrator or by Area G-approved subcontractors. Regional Alert and Warning Administrator, and all personnel engaged in the work, shall be fully qualified and authorized or permitted under State and local law to perform such services and shall be subject to approval by Area G. 4.0 TIME OF PERFORMANCE. 4.1 Regional Alert and Warning Administrator shall commence its services immediately upon the execution of this Contract and shall complete the services during the term of the Contract as specified in Exhibit A. 4.2 The time for performing the services may only be extended in writing by discretion. 97 3 5.0 COMPENSATION AND FEES. 5.1 For satisfactory and timely performance of the services provided for hereunder, Area G will pay Regional Alert and Warning Administrator an amount not to exceed one hundred and twenty thousand dollars ($ 120,000.00 ) per year. The Regional Alert and Warning Administrator will cover the costs of the website, google workspace and registered domains, although all such items shall be the property of Area G, and shall remain so after termination of this Contract. Regional Alert and Warning Administrator shall take all actions necessary to coordinate the transfer of such items to Area G upon termination of this Contract. No additional compensation shall be paid for any other work performed, unless first approved by Area G. 5.2 Regional Alert and Warning Administrator shall, at its sole cost and expense, furnish all necessary and incidental labor, material, supplies, facilities, equipment, and transportation which may be required for furnishing services pursuant to this Contract. Materials shall be of the highest quality. The above Contract fee shall include all professional time and all clerical, administrative, overhead, insurance, reproduction, telephone, air travel, auto rental, subsistence, and all related expenses. 6.0 PAYMENT. 6.1 On the first day of each calendar month during the Contract term, Regional Alert and Warning Administrator shall submit to Area G an invoice for the services completed, authorized expenses,andauthorized extraworkperformedorincurredduringthe 98 3 immediately preceding calendar month. 6.2 Each such invoice shall state the basis for the amount invoiced, including the services completed, the number of hours spent, reimbursable expenses incurred, and any extra work performed. 6.3 RegionalAlert andWarningAdministratorshallalsosubmitaprogressreport with each invoice that describes in reasonable detail the services and the extra work, if any, performed in the immediately preceding calendar month. 6.4 Area G will pay Regional Alert and Warning Administrator the amounts correctly invoiced within thirty days (30) after submitting the invoice. 99 4 6.5 Payment of such invoices shall be payment in full for all services, authorized costs and authorized extra work covered by that invoice. 8.0 AREA RESPONSIBILITY. Area G shall cooperate with Regional Alert and Warning Administrator as may be reasonably necessary for Regional Alert and Warning Administratortoperformitsservices;andwillgiveanyrequireddecisionsaspromptlyas practicable 9.0 GENERAL TERMS AND CONDITIONS. 9.1 INDEPENDENT CONTRACTOR. 9.1.1 This Contract is by and between Area G and the Regional Alert and Warning Administrator and is not intended, and shall not be construed, to create the relationship of agency, servant, employee, partnership, joint venture or association, as between Area G and the Regional Alert and Warning Administrator . 9.1.2 The Regional Alert and Warning Administrator shall be an independent contractor, and shall have no power to incur any debt or obligation for or on behalf of Area G. Neither Area G nor any of its members, officers or employees shall have any control over the conduct of the Regional Alert and Warning Administrator , or any of the Regional Alert and Warning Administrator employees, except as herein set forth, and the Regional Alert and Warning Administratorexpressly warrants not to, at any time or in any manner, represent that it, or any of its agents, servants or employees are in any manner employees of Area G, it being distinctly understood that the RegionalAlertandWarning Administrator is and shall at all times remain to Area G a wholly independent contractor and the Consultant's obligations to Area G are solely such as are prescribed by this Contract. 9.1.3 Regional Alert and Warning Administrator is not an agent or employee of Area G and shall furnish such services in its own manner and method except as required by this Contract. Further, Regional Alert and Warning Administrator has and shall retain the right to exercise full control over the employment, direction, compensation, and discharge of all persons employed by Regional Alert and Warning Administrator in the performance of the services hereunder. Regional Alert and Warning Administrator shall be solely responsible for, and shall indemnify, defend, and save Area G harmless 100 4 from all matters relating to the payment of its employees, including compliance with social security, withholding and all other wages, salaries, benefits, taxes, exactions, and regulations of any nature whatsoever. 101 5 9.1.4 Regional Alert and Warning Administrator acknowledges that Regional Alert and Warning Administrator and any subcontractors, agents or employees employed by Regional Alert and Warning Administrator shall not, under any circumstances, be considered employees of Area G, and that they shall not be entitled to any of the benefits or rights afforded employees of Area G, including, but not limited to, sick leave, vacation leave, holiday pay, Public Employees Retirement System benefits, or health, life, dental, long- compensation insurance benefits. 9.2 CONTRACTOR NOT AGENT. Except as Area G may authorize in writing, Regional Alert and Warning Administrator and its subcontractors shall have no authority, express or implied, to act on behalf of or bind Area G in any capacity whatsoever as agents or otherwise. 9.3 OWNERSHIP OF WORK. All reports, drawings, plans, specifications, printouts, studies, memoranda, websites, domains, intellectual property, computation sheets and other documents (whether on paper or stored in any electronic/digital form) and materials prepared by Regional Alert and Warning Administrator in furtherance of the work shall be the sole property of Area G and shall be delivered to Area G whenever requested. Regional Alert and Warning Administrator may make duplicate copies of such materials and documents for such purposes as may be authorized in writing by Area G. 9.4 CORRECTION OF WORK. Regional Alert and Warning Administrator shall promptly correct any defective, inaccurate or incomplete tasks, deliverables, goods, services and other work, without additional cost to Area G. The performance or acceptance of services furnished by Regional Alert and Warning Administrator shall not relieve the Regional Alert and Warning Administrator from the obligation to correct subsequently discovered defects, inaccuracies, or incompleteness. 102 6 9.5 WAIVER. Area of any term, condition, breach or default of this Contract shall not be a waiver of any other term, condition, default or breach, nor of a subsequent breach of the one waived. 9.6 SUCCESSORS. This Contract shall inure to the benefit of, and be binding upon, the parties hereto and their respective heirs, successors and/or assigns. 9.7 NO ASSIGNMENT. Regional Alert and Warning Administrator shall not assign or transfer this Contract or any rights hereunder without the prior written consent of Area Any unauthorized assignment or transfer shall be null and void and shall constitute a material breach by the Regional Alert and Warning Administrator of its obligations under this Contract. No assignment shall release the original parties or otherwise constitute a novation. 9.8 COMPLIANCE WITH LAWS. Regional Alert and Warning Administrator shall comply with all Federal, State, County and City laws, ordinances, rules and regulations, which are, as amended from time to time, incorporated herein and applicable to the performance hereof. 9.9 INTERPRETATION. 9.9.1 Applicable Law. This Contract, and the rights and duties of the parties hereunder (both procedural and substantive), shall be governed by and construed according to the laws of the State of California. 9.9.2 Entire Agreement. This Contract, including any Exhibits attached hereto, constitutes the entire agreement and understanding between the parties regarding its subject matter and supersedes all prior or contemporaneous negotiations, 103 7 representations, understandings, correspondence, documentation, and agreements (written or oral). 9.9.3 Written Amendment. This Contract may only be changed by written amendment signed by Regional Alert and Warning Administrator and an authorized oral representations or modifications concerning this Contract shall be of no force or effect. 9.9.4 Severability. If any provision in this Contract is held by any court of competent jurisdiction to be invalid, illegal, void, or unenforceable, such portion shall be deemed severed from this Contract, and the remaining provisions shall nevertheless continue in full force and effect as fully as though such invalid, illegal, or unenforceable portion had never been part of this Contract. 9.9.5 Order of Precedence. In case of conflict between the terms of this Contract and the terms contained in any document attached as an Exhibit or otherwise incorporated by reference, the terms of this Contract shall strictly prevail. 9.9.6 Choice of Forum. The parties hereby agree that this Contract is to be enforced in accordance with the laws of the State of California, is entered into and/or is to be performed in the County of Los Angeles and that all claims or controversies arising out of or related to performance under this Contract shall besubmitted to and resolved in aforum within the County of Los Angeles at a place to be determined by the rules of the forum. 9.9.7 Duplicate Originals. There shall be two (2) fully signed copies of this Contract, each of which shall be deemed an original. Electronic signatures shall be treated for all purposes as original signatures and the Contract may be executed in counterparts which, together, shall constitute the complete Contract. 9.10 TIME OF ESSENCE. Time is strictly of the essence with respect t0 104 9 provisions under this Contract and each covenant, term and provision hereof. 9.11 AUTHORITY OF REGIONAL ALERT AND WARNING ADMINISTRATOR. Regional Alert and Warning Administrator hereby represents and warrants to Area G that Regional Alert and Warning Administrator has the right, power, legal capacity and authority to enter into and perform its obligations under this Contract, and its execution of this Contract has been duly authorized. 9.12 ARBITRATION OF DISPUTES. Any dispute for under $25,000 arising out of or relating to the negotiation, construction, performance, non-performance, breach or any other aspect of this Contract, shall be settled by binding arbitration in accordance with the Commercial Rules of the American Arbitration Association at Los Angeles, California and judgment upon the award rendered by the Arbitrators may be entered in any court having jurisdiction thereof. Area G does not waive its right to object to the timeliness or sufficiency of any claim filed or required to be filed against Area G and reserves the right to conduct full discovery. 9.13 INDEMNITY. Regional Alert and Warning Administrator shall indemnify, defend with counsel approved by Area G, and hold harmless its members, officers, agents and employees, from and against any and all liability, damages, expenses, causes of action, suits, claims, costs, fees, penalties, or judgments, of any nature whatsoever, including reasonable attorneys fees and costs of suit, brought by or owed to third parties, to the extent caused by Regional Alert and Warning Administrator negligent or wrongful performance or breach of this Contract. Area G shall indemnify, defend, and hold harmless Regional Alert and Warning Administrator and its employees, from and against any and all liability, damages, expenses, causes of action, suits, claims, costs, fees, penalties, or judgments, of any nature whatsoever, including reasonable attorneys fees and costs of suit, brought by or owed to third parties, to the extent caused by Area negligent or wrongful performance or breach of this Contract 105 9 9.14 RELEASE. Regional Alert and Warning Administrator agrees to release and covenants not to sue Area G, its Governing Board and each member thereof, and its officers, employees, commission members and representatives for any damage or injury (including death) to itself, its officers, employees, agents and independent contractors damaged or claiming to be damaged from any performance under this Contract. 9.15 INSURANCE. Regional Alert and Warning Administrator shall, at its own expense, procure and maintain policies of insurance of the types and in the amounts set forth below, for the duration of the Contract, including any extensions thereto. The policies shall state that they afford primary coverage. 106 10 9.15.1 Automobile Liability with minimum limits of at least $100,000/300,000/500,000 if written on a personal automobile liability form, for using a personal vehicle; or an amount of $1,000,000 including owned, hired, and non-owned liability coverage if written on a Commercial automobile liability form. 9.15.2 General Liability with minimum limits of at least $2,000,000 combined single limits written on an Insurance Services Office (ISO) Comprehensive Premises/Operations and Personal Injury Coverage is required. Area G, its directors, officers, employees, agents and volunteers must be endorsed on the policy, by separate and specific endorsements, as additional insureds as respects liability arising out of the Regional Alert and Warning Admini Regional Alert and Warning Administrator shall also provide Waiver of the right of Subrogation, by separate endorsement, in favor of Area G. A.If Regional Alert and Warning Administrator employs other contractors as part of the services rendered,Protective Coverage is required. Regional Alert and Warning Administrator may include all subcontractors as insureds under its own policy or shall furnish separate insurance for each subcontractor, meeting the requirements set forth herein. 9.15.3 Professional Errors and Omissions coverage in a sum of at least $1,000,000. Applicable aggregates must be identified, and claims history provided to determine amounts remaining under the aggregate. 107 11 9.15.4 Regional Alert and Warning Administrator shall comply with the applicable sections of the California Labor Code concerning compensation for injuries on the job. Compliance is accomplished in one of the following manners: A.Provide copy of permissive self-insurance certificate approved by the State of California; or B.Provide form certifying that no employees subject to the Labor Compensation provision will be used in performance of this Contract. 9.15.5 Each insurance policy included in this clause shall be endorsed to state that coverage shall not be cancelled except after thirty (30)prior written notice to Area G. 9.15.6 Insurance shall be placed with insurers with a rating of no less than A:VIII. 9.15.7 Prior to commencement of performance, Contracted Coordinator shall furnish Area G with a certificate of insurance for each policy. Each certificate is to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificate(s) must be in a form approved by Area G. Area G may require complete, certified copies of any or all policies at any time. 9.15.8 Failure to maintain required insurance at all times 108 12 shall constitute a default and material breach. In such event, Regional Alert and Warning Administrator shall immediately notify Area G and cease all performance under this Contract until further directed by Area G. In the absence of satisfactory insurance coverage, Area G may, at its option: (a) procure Regional Alert and Warning Administrator by way of set-off or recoupment from sums due (b) immediately terminate this Contract; or (c) self insure the risk, with all damages and costs incurred, by judgment, settlement or otherwise, including attorney's fees and costs, being collectible from Regional Alert and Warning Administrator, by way of set-off or recoupment from any sums due Regional Alert and Warning Administrator. 9.16 NOTICES. Any notice or demand to be given by one party to the other shall be given in writing and by personal delivery or prepaid first-class, registered, or certified mail, addressed as follows. Notice simply to Area G is not adequate notice. If to Area G: Brandy Villanueva, Area G DMAC (Name and Title) 3868 Carson Street, #106 _ (Street Address) Torrance, CA 90503 (City, State and zip code) IftotheRegional Alert and Warning Administrator : 109 13 (Name and Title) Soraya Sutherlin, Regional Alert and Warning Administrator (Company Name) _Emergency Management Safety Partners, LLC. (Street Address) _565 Pier Ave #1030 Hermosa Beach, Ca 90254 Any such notice shall be deemed to have been given upon delivery, if personally delivered, or, if mailed or sent by overnight delivery, upon receipt or upon expiration of three (3) business days from the date of posting, whichever is earlier. Either party may change the address at which it desires to receive notice upon giving written notice of such request to the other party. 9.17 TERMINATION FOR CONVENIENCE (Without Cause). Area G may terminate this Contract in whole or in part at any time, for any cause or without cause, upon thirty (30) calendar Regional Alert and Warning Administrator. If the Contract is thus terminated by Area G for reasons other than Regional Alert and Warning failure to perform its obligations, Area G shall pay Regional Alert and Warning Administrator a prorated amount based on the services satisfactorily completed and accepted prior to the effective date of termination. Such payment shall be Regional Alert and Warning 9.18 DEFAULT. In the event either party materially defaults in its 110 14 obligations hereunder, the other party may declare a default and terminate this Contract by written notice to the defaulting party. The notice shall specify the basis for the default. The Contract shall terminateunless such default is cured before the effective date of termination stated in such notice, which date shall be no sooner than ten (10) days after the date of the notice. Termination for cause shall relieve the terminating party of further liability or responsibility under this Contract, including the payment of money, except for payment for services satisfactorily and timely performed prior to the service of the notice of termination, and except for reimbursement of (1) any payments made by Area G for service not subsequently performed in a timely and satisfactory manner, and (2) costs incurred by Area G in obtaining substitute performance. ASSIGNMENT OF ANTITRUST CAUSES OF ACTION. 10.0 ADDITIONAL ASSURANCES. 10.1 EQUAL EMPLOYMENT OPPORTUNITY PRACTICES. Regional Alert and Warning Administrator agrees to not discriminate during the performance of this Contract against any employee or applicant for employment because of any protected class under the California Fair 111 Employment and Housing Act (Government Code section 12900 et seq.), and to this end, all subcontracts awarded under this Contract shall contain a like non- discrimination clause. 10.2 MAINTENANCE AND INSPECTION OF RECORDS. Area G, or its authorized auditors or representatives, shall have access to and the extent Area G deems necessary to insure it is receiving all money to which it is entitled under the Contract and/or is paying only the amounts to which Regional Alert and Warning Administrator is properly entitled under the Contract or for other purposes relating to the Contract. The Regional Alert and Warning Administrator shall maintain and preserve all such records for a period of at least 3 years after termination of the Contract. The Regional Alert and Warning Administrator shall maintain all such records in the County of Los Angeles. If not, the Regional Alert and Warning Administrator shall, upon request, promptly deliver the records to Area G or reimburse Area G for all reasonable and extra costs incurred in conducting the audit at a location other than the County of Los Angeles, including, but not limited to, such additional (out of the County) expenses for personnel, salaries, private auditors, travel, lodging, meals and overhead. 10.4 CONFLICT. Regional Alert and Warning Administrator hereby represents, warrants and certifies that no member, officer, or employee of the Regional Alert and Warning Administrator is a director, officer or employee of Area G or its member public entities, or a member of any of its boards, commissions, or committees, except to the extent permitted by law. Regional Alert and Warning Administrator further represents that no Area G employee or official has a material financial interest in the Regional Alert and Warning Administrator Contract and/or as a result of being awarded this Contract, the Regional Alert and Warning Administrator shall not offer, encourage or accept any financial interest in the Regional Alert and Warning Administrator iness by any Area G employee or official. [Signatures to follow directly below] 112 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed by their duly authorized representatives as of the date set forth below. DATED: DISASTER MANAGEMENT AREA G By: Governing Board Chair DATED: [COMPANY NAME] By: (Typed name) (Title) 113 17 114 EMSP LLC. Scope of Work- Alert SouthBay Program Administration 2023-2026 Exhibit A Emergency Management Safety Partners, LLC. Scope of Work for Alert SouthBay Program This document outlines the scope of work to be performed by Emergency Management Safety Partners, LLC. (EMSP) for the Alert SouthBay Program. Based on three years of data, the hours provided are estimated and may be adjusted to address each functional area. The estimated annually hours of this contract is 460 hours in which these hours will be used to address all services listed below. EMSP will perform the following services: Program Administration A. Software Administration, Maintenance, and Functionality EMSP will manage the regional software system used to send emergency alerts out to the 14 South Bay communities. This includes maintaining user roles and access, adding, deleting, or changing user settings and provisions, creating roles and new accounts, changing rules or opt-in categories, creating new keywords for jurisdictional needs, troubleshooting, assisting agencies real-time in alerts and warnings, creating new and maintaining existing incident messaging templates, and maintaining competency in the software system to include any updates to the platform. EMSP will also assist with community comment and feedback related to managing registrant settings for alerts and warnings. Incident messaging templates will be created and/or maintained for all 14 cities. There will be an incident message template for each of the following hazards - evacuation, shelter-in-place, curfew, lockdown, avoid area, traffic, active shooter, tsunami, earthquake, pandemic, refinery incident, and fire as well as a free form template that will allow for messages to be created for an event not capture in the above list. EMSP will be responsible for maintaining iPAWS compliance including required training and exercise certificates to ensure regional Wireless Emergency Alert (WEA) capabilities are in a response readiness state to be implemented in an emergency. EMSP will work directly with the City of El Segundo to complete any and all renewal federal licensing requirements ensure availability and accessibility to the FEMA network. B. Training and Exercising EMSP will provide monthly regional trainings to ensure baseline system user competency to effectively utilize the alert and warning system. The training will be made available to all system users. The training categories are as follows: Incident Operator Training 115 EMSP LLC. Scope of Work- Alert SouthBay Program Administration 2023-2026 Incident Administration Training iPAWS Training: These monthly trainings are in addition to the prerequisites listed below. EMSP will ensure all 14 cities have users who have completed the prerequisites and monthly iPAWS training. FEMA requires the completion of two online training courses as prerequisites for full access to IPAWS-OPEN for the purpose of public alerting by each iPAWS user. a. IS-247 Integrated Public Alert and Warning System for Alert Originators . b. IS-251 Integrated Public Alert and Warning System for Alerting Administrators FEMA requires all licensed entities to conduct a monthly iPAWS drill to maintain competency in the program. EMSP will facilitate a monthly drill with Alert SouthBay member cities. C. Agency Liaison/Representative EMSP will serve as the liaison representing Alert SouthBay with all local, state, and federal, and private non-profit partners to ensure there is coordination and compliance with legislative mandates, laws and regulations, new and/or existing public and private programs, and public outreach. This includes coordinating any requests for information related to the program, developing and coordinating marketing and outreach materials including public service announcements,working directly with agencies such as the Certified Unified Petroleum Agencies (CUPA), refineries, or Local Implementing Agencies (LIA), and agencies assisting in emergency response alerting at the local, county or state level. The following are examples of meetings related to the Alert SouthBay Program: AB 1646 Steering Committee, Los Angeles County Alert & Warning Committee and Beach Cities CAER meetings. EMSP will also provide technical assistance when needed to any Alert SouthBay jurisdiction related to message content and alert and warning dissemination. For alerts and warnings that cross jurisdictional boundaries, EMSP will assist in coordination of regional messaging when possible between the jurisdictions that are impacted. This helps ensure one-voice messaging and that messages are clear and do not conflict with each other. This may include sending alerts and warnings for the region. * EMSP is not a 24/7 watch center. EMSP will provide support outside of the normal business hours of 8:00am and 5:30pm on a case-by-case basis to support a jurisdiction in its alert and warning needs if available. D. Managing Contract Services EMSP will provide technical assistance to Area G Disaster Management Area on contract costs and services related to the functionality of the program. This will include assisting with the billing calculations for each city based upon local, state, or federal laws and mandates. EMSP will be granted access to the Alert South Bay platform to ensure that all relevant notifications, system changes and configurations, message templates, and updates are received and implemented as necessary. This also includes making system modifications to 116 EMSP LLC. Scope of Work- Alert SouthBay Program Administration 2023-2026 ensure the regional platform communicates with other area partners such as the City of Los Angeles, the County of Los Angeles, and Los Angeles World Airport. EMSP will coordinate with Area G Disaster Management Area and the 14 jurisdiction to implement software updates, all current and new features per software contract, required continuing education and best practices. E. Community Outreach, social media, Email and Website Management EMSP will maintain and monitor the Alert SouthBay official social media sites which include, Twitter, Facebook, and Instagram and update them to reflect any public safety messaging that occurs at the regional level. EMSP will operate the Alert SouthBay website www.alertsouthbay.com to provide information related to the program, jurisdictional PSAs, regional alerts and warnings, and special events. EMSP will manage the info@alertsouthbay.com email account which the community utilizes to inquire about registration, the program, changes in notification preferences etc. EMSP will also provide information and material based upon best practice and expertise on community outreach strategies for effective community engagement which include but are not limited to conducting community surveys and academic research. EMSP will also oversee the marketing implementation and community outreach for AB 1646 for the City of Carson as will be outlined in the City of Carson memorandum of understanding with Area G Disaster Management Area. F. Meetings and Events G. EMSP will coordinate and facilitate at minimum quarterly Alert SouthBay agency meetings with the designated Alert SouthBay jurisdictional alert and warning operators. Additional meetings can be coordinated to address this scope of work. Regional Standard Operating Procedures (SOP), Documents, MOUs, and Guides EMSP will develop, implement, maintain and update the regional SOP for the Alert SouthBay Program. This includes updating information, modifying any current use or practice based on events and/or after-action reports, and/or changes in legislative laws and mandates. EMSP will develop, maintain, and disseminate any/all quick reference user guides, documents, policies or checklists to enhance Alert SouthBay user capabilities and effectiveness. H. Special Events and Projects, Disasters I. EMSP will provide subject matter expertise to support special events, and projectsrelated to alert and warning for the Alert SouthBay jurisdictions. This can include coordination and guidance on communication strategies, community outreach, system integrations, and 117 EMSP LLC. Scope of Work- Alert SouthBay Program Administration 2023-2026 alert and warning. Each special project and event will be evaluated to determine the impact to the current contract, project feasibility in conjunction with the platform provider and approval by Area G Disaster Management Area Coordinator. J. Incident Support Services EMSP can provide technical assistance to Alert SouthBay participating cities during emergency incidents. The assistance would support the message senders within the local jurisdictions in developing and sending timely critical messages. In addition to jurisdictional assistance, the support services would encompass the development of regional messaging and/or troubleshooting. Based on the incident type and duration, it is estimated that an incident may take 3 hours to draft a messaging, conduct a messaging coordination call with impacted jurisdictional staff, and implement changes as needed. It is estimated that there will be 5 incidents per year requiring regional messaging. Any additional time above 15 hours will be billed separately to the respective impacted jurisdiction at a rate of $247.00 per hour. [10] [BV11] The local jurisdiction could request reimbursement for incident support services as part of a proclaimed local emergency. * EMSP is not a 24/7 watch center. EMSP will provide support outside of the normal business hours of 8:00am and 5:30pm on a case-by-case basis to support a jurisdiction in its alert and warning needs if available. 118 119 Agenda Item No.: 10.A Mtg. Date: 04/24/2023 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:JOHN SIGNO, DIRECTOR OF PLANNING & COMMUNITY SERVICES THRU:ELAINE JENG P.E., CITY MANAGER SUBJECT:ZONING CASE NO. 22-81: REQUEST FOR APPROVAL OF A SITE PLAN REVIEW FOR 1) A 912-SQUARE-FOOT SWIMMING POOL/SPA, 2) DETACHED GARAGE, 3) APPURTENANT STRUCTURES, HARDSCAPE, LANDSCAPE, AND 4) NON-EXEMPT GRADING; CONDITIONAL USE PERMITS FOR 1) AN EQUESTRIAN RIDING ARENA, 2) RELOCATION OF AN EXISTING DRIVEWAY APRON, 3) 1,334-SQUARE-FOOT RECONSTRUCTED STABLE ON THE SAME FOOTPRINT; AND VARIANCES FOR 1) STRUCTURES TO ENCROACH INTO THE REQUIRED SETBACKS AND FRONT YARD, AND 2) TO EXCEED THE 20% FRONT YARD COVERAGE FOR THE DRIVEWAY, IN ZONING CASE NO. 22-81 LOCATED AT 9 PORTUGUESE BEND R O A D , AND FINDING THE PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (LOT 74- RH) (WILLIS) DATE:April 24, 2023 BACKGROUND: On February 21, 2023, the Planning Commission conducted a field trip at 9 Portuguese Bend Road. The Planning Commissioners, staff, and attendees viewed the silhouettes of the proposed project to relocate a driveway and construct a 912-square-foot (SF) swimming pool/spa (existing pool/spa to be demolished), 714 SF detached garage, chicken coop, 820 SF ADU, 3,650 SF equestrian riding arena, and 512 SF residential additions. The proposed project was presented later that evening at 6:30 p.m. via Zoom teleconference where the Planning Commissioners voted to continue the item to provide more time for the applicants to revise the project and for staff to prepare a resolution of approval for the Planning Commission to consider. Subsequently, the applicant revised the project as follows: 1. The chicken coop was removed from the plans. 2. The driveway width was reduced from 26 feet to 24 feet. 3. The riding ring was moved 2 feet off of the fence line to allow for future screening. 4. The stable was redesigned to comply with HOA requirements: 9-foot plate height at the lower level, 7-foot plate height at the loft, and operable shutters at the windows. The 120 proposed stable is 1,334 square feet with a second story 765 SF loft. The total proposed stable is 2,099 SF. The loft will be used for general storage instead of hay storage. 5. Parking for the ADU was removed and replaced with a storage bin in the same location. The overall Project includes items subject to Administrative Review: interior and exterior remodel, 521 SF of additions to the main residence, a new 820 SF accessory dwelling unit (ADU), reconfiguration of hardscape and landscape, maximum 3-foot-high walls, and removal of existing walkways and sheds. There are other items that are part of the Administrative Review that include new fountains, water features, new patio, new fire pit, new trash bin enclosure, and a reconfigured pool deck, but these items are also subject to Discretionary Approval due to their locations in the setbacks. On March 21, 2023, the Planning Commission meeting considered the revisions and voted 4-0 (Commissioner Cardenas abstained due to proximity) to approve Zoning Case No. 22-81 and adopt Resolution No. 2023-02 approving the project. Zoning, Location, and Lot Description The property is zoned RAS-1 and has a net lot area of 1.07 acre (46,610 SF). It is located on a corner lot at the intersection of Portuguese Bend Road and Lower Blackwater Canyon. The property includes a 50-foot wide roadway easement along Portuguese Bend Road and a 30- foot wide roadway easement along Lower Blackwater Canyon Road. The lot is relatively flat and has one building pad. The lot is developed with a 3,809 SF main residence, 544 SF detached garage, 1,589 SF legal non-conforming guesthouse with attached trellis, 1,334 SF stable, 690 SF pool/spa, 30 SF pool equipment, 114 SF water feature, 140 SF storage sheds, and 200 SF service yard. The existing hardscape includes a 1,540 SF parking pad that is accessible from two main driveways connecting to Portuguese Bend Road and Lower Blackwater Canyon Road. There is a third driveway located on Lower Blackwater Canyon Road that provides access to the stable. Previous Approvals On November 10, 2022, the Traffic Commission approved the relocation of the existing driveway apron located at the corner of Lower Blackwater Canyon Road and Portuguese Bend Road. The existing driveway apron will be shifted 10 feet north of the existing location. On July 17, 2012, the Planning Commission adopted Resolution No. 2012-14 approving a Variance in Zoning Case No. 819 to permit construction of an addition to encroach into the rear yard setback and to retain a shed in the rear yard setback. According to the Los Angeles County Assessors Office, the main house was built in 1936. However, there are several building permits that date from 1957 to present for improvements, additions, and construction. DISCUSSION: Applicant Requests Site Plan Review for Swimming Pool/Spa 800 SF or Greater The Applicants propose to demolish the existing 544 SF swimming pool and rebuild a new 912 SF pool and spa north of the existing pool, with the spa shifted east of the existing pool footprint. Rolling Hills Municipal Code requires a Site Plan Review for the construction of a swimming pool and spa 800 SF or greater. The existing 3,190 SF pool deck will be decreased 121 by 900 square feet; the new pool deck will be 2,290 SF. Site Plan Review for Detached Garage The project proposes to demolish the existing 544 SF detached garage. The existing detached garage encroaches onto the west property line and encroaches 10 feet into the existing west Rolling Hills Community Association (RHCA) easement. The Applicants are requesting a Site Plan Review for the relocation and reconstruction of a new 712 SF detached garage. The new garage will be reconstructed 10 feet away from the west property line and west RHCA easement. The orientation of the new garage has been designed with the newly reconfigured driveway to improve the traffic circulation on the property. The new detached garage is accessible from the driveways located on Portuguese Bend Road and Lower Blackwater Canyon Road. The proposed new garage will encroach 10 feet into the 50 foot front setback, the Applicant's are requesting a Variance to encroach in the front setback. Site Plan Review for Non-Exempt Grading for Riding Arena The Applicants are requesting a Site Plan Review for the grading of a new 3,650 SF equestrian riding arena (93 feet long by 36 feet wide). The proposed location of the riding arena is along the eastern property line and will encroach 20 feet into the required 20-foot side yard setback. The Applicants are requesting a Variance to encroach into the side yard setback. RHMC Section 17.46.010.A.1. requires a Site Plan Review for non-exempt grading. The Applicants are proposing a total of 265 cubic yards (CY) of cut. The 177 CY of cut for the swimming pool is exempt from grading calculation if exported. The project includes 88 CY of cut at 1.4-foot depth in the northern portion of the arena. The 88 CY (non-exempt) of cut and 177 CY (exempt) for the swimming pool will be used to fill the southern portion of the arena. Although, 177 CY of cut from the pool is exempt for export, the Applicants are proposing to use the cut from the pool to fill the arena, which requires a Site Plan Review. The fill is included in the grading calculations. OVERALL SITE GRADING Cut: Swimming Pool/Spa -177 CY Cut: North Arena -88 CY Fill: South Arena +265 CY Total Grading 530 CY Conditional Use Permit for Equestrian Riding Arena The Applicants are requesting a Conditional Use Permit for a new 3,650 equestrian riding ring. The new riding ring arena is proposed to be located on the property so that it will not be in close proximity to the existing residence or other residences in the area. Conditional Use Permit for Stable to Exceed Maximum 200 Square Feet The Applicants are proposing to demolish an existing 1,334 SF stable and reconstruct a new 2,099 SF stable on the same footprint. The reconstructed stable encroaches 20 feet into the required 20-foot side yard setback. The Project proposes a second story 765 SF storage loft area. The maximum stable height is 21 feet 5 inches in height. The maximum height of the second story loft will not exceed 7 FT in height. 122 Conditional Use Permit for the Relocation of an Existing Driveway Apron There are a total of three existing driveway aprons on the property. The main driveway (1st driveway) is located ten feet from the property line and fronts onto Portuguese Bend Road. The second driveway apron (2nd driveway) is located at the corner intersection of Portuguese Bend Road and Lower Upper Blackwater Canyon Road. The third driveway apron (3rd driveway) fronts onto Lower Blackwater Canyon Road and is used for stable access. The Applicants are requesting a Conditional Use Permit for the relocation of the 2nd driveway apron. The relocation of the proposed driveway is a safer location for the Applicants because it is shifted farther from the intersection. The relocation of the 2nd driveway was approved by the Traffic Commission on November 10, 2022. Variances Variance for Structures to Encroach into the Required Setbacks and Front Yard The Applicants are requesting several Variances for the proposed structures to encroach into the required setbacks. Variances are needed for the new patio, new fire pit, new water fountain, portion of the reconstructed stable, new bin enclosure, portion of the arena, and portion of the reconfigured new driveway to encroach into the required setbacks. The table below summarizes the non-compliance with the development standards of the RHMC. Description RAS-1 Setbacks RMHC Section 17.16.110 – 17.16.130 Proposed New fire pit in northwest corner Rear yard setback: 50' Side yard setback: 20' Encroaches 15' into west side setback and 29' into rear setback New patio in northwest corner Rear yard setback: 50' Side yard setback: 20' Encroaches 12' into west side setback and 27' into rear setback 120 SF addition in northwest portion of residence Rear yard setback: 50' Encroaches 21' into rear setback New 28 SF water fountain in northwest portion of lot Rear setback: 20'Encroaches 8' into rear setback 230 SF addition in northeast portion of residence Rear setback: 20'Encroaches 37' into rear setback Relocated 768 SF swimming pool Rear yard setback: 50'Encroaches 7' into rear setback Reconstructed 2,099 SF stable on same footprint Rear yard setback: 50' Side yard setback: 20' Encroaches 40' into rear setback and 20' into east side setback Relocated 200 SF trash enclosure in northeast corner Side setback 20 feet Encroaches 16' into east side setback New 3,650 SF equestrian riding arena Side setback 20 feet Encroaches 18' into the east side setback 123 Relocated 24' wide driveway 20% front setback area maximum Total 58.9% (exceeds by 38.9%) Relocated 714 SF garage Front setback 50 feet, side setback 20 feet Encroaches 10' into front setback and 10' into west side setback Variance for Proposed Driveway to Exceed 20% Front Yard Setback and Area The new driveway will cover 58.9% of the front setback area and a Variance is required to exceed the required 20% maximum. The proposed driveway will be located along the southeastern portion of the property. The new driveway will be 24 feet wide and over 200 feet long. It will be located along the fence that fronts Portuguese Bend Road. The new driveway will be shifted two feet away from the existing wall. The Project also includes a motor court located north of the new garage. There will be an ADU parking space next to the new garage. The existing landscape along the southeastern portion will be removed and replaced with the new driveway. MUNICIPAL CODE COMPLIANCE Lot Coverage The existing structural lot coverage is 8,430 SF or 18.1% with deductions, and the project proposes to increase by adding 948 SF or 2.0%, and the total proposed structural lot coverage is 9,398 SF or 20.1% with deductions. This complies with the 20% maximum allowable structural lot. The existing flatwork coverage is 16,960 SF or 36.4% this exceeds the maximum allowable 20%. The Applicants are proposing to deduct at total of 5,212 SF or 11.2% of the existing flatwork. There will be 2,125 SF deducted from the existing walkways, 1,010 SF deducted from the existing patios, 2,750 SF deducted from the existing stable area, and 900 SF deducted from the existing pool deck. The project proposes to add 375 SF to the primary driveway and add 1,196 SF to the new parking pad. The total proposed flatwork for the project is 11,745 SF or 25.2%, and this exceeds the maximum allowable by 5.2%, but the project proposes to decrease the existing flatwork coverage from 16,960 SF or 36.4% to 11,745 SF or 25.2%. The proposed total flatwork coverage is including structures and flatwork will be 17,373 SF or 37.3% of the lot area, which is more than the lot coverage limitation of 35% maximum. The total existing structural and flatwork is 22,510 SF or 48.3% (with deductions). However, the project will decrease the total structural and flatwork by 5,137 SF or 11% (with deductions). The existing combined structural and flatwork lot coverage is 25,410 SF or 54.5%, and the project proposes a deduction of 4,071 SF or 8.6%. The total proposed structural and flatwork lot coverage is 21,339 SF or 45.8% with deductions. The overall flatwork and structural lot coverage of the proposed project decreases by 8.6%. Although the existing structural and flatwork exceeds the maximum allowable 35%, the Project actually lowers the existing flatwork by 11.2%. The proposed total structural and flatwork is 21,339 SF (45.8%). 124 Area of Disturbance The existing project site is 100% disturbed. Access to Stable The northwestern portion of the lot has been developed for equestrian uses. There is an existing 896 SF paddock, 1,334 SF stable, and a driveway that is accessible from Lower Black Water Canyon Road. The project will reconfigure the existing driveway access by removing the existing pavers and replacing with gravel. Access will be provided to the new riding arena. The existing 1,334 SF stable will be demolished and reconstructed with a new 2,099 SF stable on the existing footprint. Hardscape The configuration of the existing hardscape has been redesigned to improve the circulation and onsite parking. The 24-foot-wide driveway design will accommodate on-site guest parking. The existing hardscape is 16,960 SF or 36.4%, and the project proposes to deduct 5,212 SF or 11.2%. Although the currently the existing hardscape exceeds the 20% maximum allowable by 16.4%, the project proposes to decrease the hardscape to 11,745 SF or 25.2%. The existing arterial walkways and driveways will be removed, and replaced with new hardscape/landscaping, the Project also proposes a new equestrian riding arena along the east portion of the subject property. The existing driveway stable area is a total of 3,800 SF, and the hardscape will be decreased by 2,750 SF. The Project proposes a new stable driveway 1,050 SF area that will be repaved with gravel. Landscape There is existing landscaping throughout the property, including along the roadways which helps screen the residence for privacy. The Conceptual Landscape Plan has been reviewed by the City’s landscape consultant. There is existing landscaping throughout the property, including along the roadways which helps screen the residence for privacy. The existing landscape along the fence and existing driveway will be removed. The project proposes a 2- foot-wide space along the new driveway and existing wall that will be replanted with Slavia Allen Chickering (5 gallon). The Conceptual Landscape Plan has been reviewed by the City’s landscape consultant. The Project proposes a total of 14,512 SF of new grass, 2,348 SF of new planters with mulch, and 3,440 SF of arena mulch. Walls The maximum height of all proposed walls will not exceed 3 feet. Public Participation Staff has not received any emails or phone calls regarding this project. FISCAL IMPACT: None. 125 RECOMMENDATION: Receive and file. ATTACHMENTS: Attachment 1_Development_Table__ZC22-81_.pdf Attachment 2_Vicinity_Map_ZC22-81.pdf Attachment 3_Development_Summary__ZC22-81_.CC.pdf Attachment 4. Resolution No. 2023-02 Attachment 5. Traffic Commission Staff Report November 10, 2022 Attachment 6. Traffic Engineer Memo Attachment 7. Photos Attachment 8. Architectural Plans Attachment 9. Conceptual Landscape Plan 126 Development Table Zoning Case No. 22-81 9 Portuguese Bend Road Site Plan Review, Conditional Use Permit and Variance EXISTING PROPOSED TOTAL RA-S- 1 Zone SINGLE FAMILY RESIDENCE , DETACHED GARAGE GUEST HOUSE, STABLE, POOL/SPA, WATER FEATURE, COVERED PORCHES, TRELLISES, & SERVICE YARD 521 ADDITION TO MAIN HOUSE, NEW DETACHED GARAGE, RECONTRUCT EXISTING STABLE ON SAME FOOTPRINT, NEW POOL/SPA, NEW ATTACHED COVERED PORCHES, NEW RIDING RING, NEW DRIVWAY, RELOCATED DRIVEWAY APRON, Gross Lot Area 55,610 SF 55,610 SF Net Lot Area 46,610 SF 46,610 SF Residence 3,809 SF 521 SF 4,330 SF Garage 544 SF 170 SF 714 SF Swimming Pools/Spa 690 SF 222 SF 912 SF Pool Equipment 30 SF 0 SF 30 SF Guest House 1,589 SF 0 SF 1,589 SF ADU 0 SF 820 SF 820 SF Stable minimum: 450 SF Corral minimum: 550 SF 1,334 SF 896 SF 765 SF 2,099 SF 869 SF New Planter Box 0 SF 0 SF 0 SF Recreation Court 0 SF 0 SF 0 SF Attached Covered Porches 0 SF 677 SF 677 SF Detached Sheds 140 SF -140 SF 0 SF Attached Trellis @ Guest House 320 SF 0 SF 320 SF Water features 114 SF -22 SF 92 SF Service Yard 200 SF 0 SF 200 SF Equestrian Riding Ring 0 SF 3,650 SF 3,650 SF Primary Driveway 3,720 SF 374 SF 4,094 SF Paved walkways 2,850 SF -2,125 SF 725 SF Patios 1,860 SF -1,010 SF 850 SF Stable Area 3,800 SF -2,750 SF 1,050 SF Pool Deck 3,190 SF -900 SF 2,290 SF Parking Pads 1,540 SF 1,196 SF 2,736 SF Grading (balanced onsite) -- 530 CY total 265 CY cut 265 CY fill 530 CY Total Structural Lot Coverage (15% maximum & with deductions) 8,430 SF (18.1%) 948 SF (2.0%) 9,398 SF (20.1%) Flatwork Lot Coverage (20% maximums & with deductions) 16,960 SF (36.4 %) -5,212 SF (-11.2 %) 11,745 SF (25.2%) Total Lot Coverage (Structures and Flatwork) (35% maximum & with deductions) 25,410 SF (54.5%) -4,071 SF (-8.6%) 21,339 SF (45.8%) 127 Total Disturbed Area (40% maximum) 55,610 SF (100%) 0 SF (0%) 55,610 (100%) 128 Vicinty Map 9 Portuguese Bend Road Zoning Case No. 22-81 Project Site 129 1 City Council Meeting April 24, 2023 9 Portuguese Bend Road (Zoning Case No. 22-81) PROPOSED PROJECT SUMMARY TABLE ITEM # PROPOSED DESCRIPTION TYPE OF APPLICATION REQURIES ADMINSTRATIVE APPROVAL (STAFF APPROVAL) REQUIRES DISCRETIONARY APPROVAL (PLANNING COMMISSION APPROVAL) 1) Accessory Dwelling Unit (ADU) 820 SF ADU AA Yes No 2) Interior & Exterior Remodel Remodel of the exterior and interior of residence. AA Yes No 3) Demolition of an existing 512 SF swimming pool spa with a relocated new 912 SF Swimming Pool Spa Site Plan Review is required for swimming pool 800 SF or greater. SPR No Yes 4) Removal and reconfiguration of walkways and hardscape Removal of -5,212 SF AA Yes No 5) 120 SF addition The proposed addition is located at the north of the house. The addition encroaches into the rear yard setback. Variance required. VAR No Yes 6) 230 SF addition The proposed addition is VAR No Yes 130 2 ITEM # PROPOSED DESCRIPTION TYPE OF APPLICATION REQURIES ADMINSTRATIVE APPROVAL (STAFF APPROVAL) REQUIRES DISCRETIONARY APPROVAL (PLANNING COMMISSION APPROVAL) located at the east side of house. It encroaches into the rear setback. 7) 208 SF addition The proposed addition is located at east side of the house. AA Yes No 8) 53 SF addition The proposed addition located at the south side of house at the front door. AA Yes No 9) New Patio The new patio encroaches into the rear and west side setback. Variance required. VAR No Yes 10) New BBQ The new patio encroaches into the rear and west side setback. Variance required. VAR No Yes 11) Demolish an existing 544 existing detached garage. Relocate and reconstruct new 712 SF detached garage Encroaches into the front and west side setback. Requests for Variance to encroach into setbacks. Request for CUP for detached structure SPR & VAR No Yes 12) Demolish existing 1,334 square foot stable and reconstruct new stable on same footprint with 765 SF storage loft on same footprint. The new reconstructed stable is Encroaches into rear and east side setbacks. Variances are required to encroach into rear and east side setback. A CUP is required to exceed the 200 SF maximum allowable VAR & CUP No Yes 131 3 ITEM # PROPOSED DESCRIPTION TYPE OF APPLICATION REQURIES ADMINSTRATIVE APPROVAL (STAFF APPROVAL) REQUIRES DISCRETIONARY APPROVAL (PLANNING COMMISSION APPROVAL) 2,099 SF stable size 13) New 3650 SF Equestrian Arena Variances are required to encroach into the east side setback. A SPR grading permit is required for grading. VAR & CUP No Yes 14) Reconfigured and relocated new driveway The new (24 FT wide by 211 FT long) driveway requires a variance to encroach into the front yard. A variance to exceed the 20% maximum front yard area total proposed is 35.3% VAR No Yes 15) New garden wall at main entry walkway The new garden wall is less than 3 feet high AA Yes No 16) New garden wall located west of the arena The new garden wall is less than 3 feet high AA Yes No 17) New terrace The new terrace is located at the south of the ADU AA Yes No 18) New pool equipment New 30 SF pool equipment located on the southeast of ADU AA Yes No 19) Relocation of existing 2nd Driveway The existing driveway at the intersection will be shifted north of exiting location. The relocation was approved by the Traffic Commission. A CUP No Yes 132 4 ITEM # PROPOSED DESCRIPTION TYPE OF APPLICATION REQURIES ADMINSTRATIVE APPROVAL (STAFF APPROVAL) REQUIRES DISCRETIONARY APPROVAL (PLANNING COMMISSION APPROVAL) CUP is required for more than one driveway. Variance VAR Site Plan Review SPR Conditional Use Permit CUP Administrative Review AA 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 Memorandum TO: Elaine Jeng, PE, City Manager FROM: Vanessa Munoz, PE, TE City Traffic Engineer DATE: November 3, 2022 SUBJECT: 9 Portuguese Bend Road Driveway This memorandum is in response to the request by the city to review and provide input on the proposed driveway relocation by the residents of 9 Portuguese Bend Road. The proposed driveway will be shifted northwest from the existing location (intersection of Portuguese Bend Road and Blackwater Canyon Road, see picture) to Blackwater Canyon Road. The proposed driveway will have a 17-foot driveway aisle with a 29-foot driveway apron. On Tuesday November 1, 2022, a field visit was made to the location to assess the proposed driveway location and width. Based on the field observations and engineering judgement, the proposed driveway location is an improvement from the existing driveway location and provides greater visibility, but the proposed location is not ideal as it is only 30 feet away from the intersection. I would recommend the driveway be relocated north an additional 10 to 20- feet. However, if not feasible to relocate the driveway the additional distance, the proposed location is acceptable. 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 DESCRIPTION1 2 3 4 5 6 DATE PROJECT ADDRESS 9 PORTUGUESE BEND ROAD, ROLLING HILLS ESTATES, CA CLIENT GREG AND MELISSA WILLIS L LANDSCAPE ARCHITECT KELSEY FAIR FAIR STUDIO KELSEY@FAIR.STUDIO 2020 Perry Ave. A. Redondo Beach, CA 8052725126 ARCHITECT RUSS BARTO AIA RUSS@EARTHLINK.NE T 310.729.4342 3 MALAGA COVE PLAZA #202 PALOS VERDES ESTATES, CA 90274 INTERIOR DESIGNER: NORMAN DESIGN GROUP 01 DESIGN OUTSIDE SITE PLAN SHEET TITLE 3/11/23 MATERIALS SITE PLAN EXISTING VYNLE 6’ HIGH FENCE NEW SITE WALL MAX HEIGHT 33” NEW SITE WALL MAX HEIGHT 30” NEW PLANTER WALLS MAX HEIGHT 2’ EACH NEW SITE WALL MAX HEIGHT 24” 10'-0"10'-0"17'-0"20'-0"50'-0"(N) AUTOMATIC DRIVEWAY GATE SYMBOLS NORTH ARROW ELEVATION SECTION PROPERTY LINE SETBACK EASEMENTS EXISTING REMOVED ROOFLINE SITE CONTOURS L4 D L4 D 50'-0"50’-0” REAR YARD SETBACKNEW NATURAL STONE FIREPIT EXISTING REPURPOSED FOUNTAIN EXISTING VYNLE 6’ HIGH FENCE GRAVEL DRIVEWAY POOL EQUIPMENT WITH ENCLOSURE NEW SITE WALL MAX HEIGHT 3’ BBQ BBQ (N) SITE WALL MAX HEIGHT 30” (N) KITCHEN WATER FEATURE NEW DRIVEWAY 7677 75 74 73 72 71 70 69 68 67 66 65 64 63 62 70 60 70 61 58 57 56 55 59 17’ (E) SE T B A C K FOUNTAIN (EXISTING ON SITE) NEW FIREPLACE AND PERGOLA (N) AUTOMATIC WOOD GATE MAX HEIGHT 6’ RAISED BED MAX HEIGHT 24” PORTUGUESE BEND ROAD NEW POOL HOUSE NEW HORSE ARENA 3348 SF NEW GATE NEW BIN ENCLOSURE NEW COBBLESTONE DRIVEWAY (E) EDGE OF A.C. PAVEMENT GRAVEL LAWN PLANTER WITH MULCH STONE VENEER CONCRETE LIMESTONE TILE ARENA SAND PAVERS EARTH 64.65 RESIDENCE LOWER BLACKWATER CANYON ROADNEW ADU PL PL PL PL NEW SPA 140 SF 50’ SETBACK 30’ RHCA EASEMENT 10’ RHCA EASEMENT 20’ SETBACK30'-0" EASEMENT 50.00'EASEMENT20'-0" 20’-0”20’SIDE YARD SETBACK50’ (E) SE T B A C K NEW STABLE PADDOCK NEW GARAGE BIN STORAGE WATER FEATURE OVERALL SITE PLAN SCALE 1/16” = 1’-0"1 10’ RHCA E A S E M E N T EXISTING GUESTHOUSE NEW SITE WALL MAX HEIGHT 3’ NEW POOL 772 SF WILLIS RESIDENCE 9 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 166 DESCRIPTION1 2 3 4 5 6 DATE PROJECT ADDRESS 9 PORTUGUESE BEND ROAD, ROLLING HILLS ESTATES, CA CLIENT GREG AND MELISSA WILLIS L LANDSCAPE ARCHITECT KELSEY FAIR FAIR STUDIO KELSEY@FAIR.STUDIO 2020 Perry Ave. A. Redondo Beach, CA 8052725126 ARCHITECT RUSS BARTO AIA RUSS@EARTHLINK.NE T 310.729.4342 3 MALAGA COVE PLAZA #202 PALOS VERDES ESTATES, CA 90274 INTERIOR DESIGNER: NORMAN DESIGN GROUP 02 DESIGN OUTSIDE SITE PLAN SHEET TITLE 3/11/23 DETAILS 18”4'-9"1'-6"5'-6"ENTRY GATE SCALE 1/2” = 1’-0"3 BRASS FOUNTAIN HEADS KITCHEN WATER FEATURE SCALE 1/2” = 1’-0"1 167 168 169 170 171 Agenda Item No.: 13.A Mtg. Date: 04/24/2023 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:ROBERT SAMARIO, FINANCE DIRECTOR THRU:ELAINE JENG P.E., CITY MANAGER SUBJECT:FISCAL YEAR 2022/23 INTERIM FINANCIAL REPORT FOR THE NINE MONTHS ENDED MARCH 31, 2023 DATE:April 24, 2023 BACKGROUND: Each quarter, City staff prepares a report on the status of revenues and expenditures versus budgeted amounts. The purpose of the report and related analysis is to evaluate the progress of expenditures throughout the year to identify any unusual trends that may require action to mitigate or address the fiscal impacts. Most of the focus is on the General Fund, the City's primary and largest operating fund. However, this report also includes most of the restricted funds and the Refuse Fund. With nine months of activity now in place, the report generally provides a good sense of how both revenues and expenditures will end the year. This will help develop better estimates for the fiscal year 2023/24 budget. DISCUSSION: Please see the narrative analysis of revenues and expenditures versus the budget through March 31, 2023 attached to this agenda report. In addition, a listing of all revenues and expenditures are provided as separate attachments to this report. FISCAL IMPACT: None RECOMMENDATION: Staff recommends the City Council receive and file the interim financial report for the nine months ended March 31, 2023. ATTACHMENTS: CL_AGN_230424_CC_Q3_Analysis_AllFunds_FY23.pdf CL_AGN_230424_CC_GF_Revenues_BudgetVsActual_Thru03.31.pdf 172 CL_AGN_230424_CC_GF_Expenditures_BudgetVsActual_Thru03.31.pdf CL_AGN_230424_CC_FY23_Q3_Review_PPT.pdf 173 CITY OF ROLLING HILLS 3rd Quarter Interim Financial Report Fiscal Year 2022/2033 GENERAL FUND General Fund Revenues Total adopted fiscal year 2022/23 revenues are $2,778,388. For the first time, staff has attempted to calculate a "seasonally adjusted" budget through March 31, 2023 for those revenues that are not generally received evenly throughout the fiscal year to be tter evaluate how revenues are actually performing relative to expectations (i.e., the budget). The revenues that are subject seasonal fluctuations include Property Taxes, Real Property Transfer Tax, Vehicle License Fees, and Building Related Permit revenues. The adjusted budgets for all other revenues have been calculated at 75% of the budget based on nine out of twelve months of the year having elapsed. The seasonally adjusted budget at March 31, 2023 total $1,719,550. In comparison, actual revenues through March 31, 2023 totaled $1,778,042, representing a favorable variance of $58,492. The table below summarizes all General Fund revenues through March 31, 2023. The more notable variances include Real Property Transfer Tax, Building Permits, and Interest Income. Seasonally Actual FY 2023 Adjusted Thru Variance Adopted Budget 03/31/23 Fav (Unfav) 401 Property Taxes 1,425,207$ 840,872$ 860,460$ 19,588$ 405 Sales Taxes 19,300 14,475 10,744 (3,731) 410 Property Transfer Tax 122,706 89,575 29,720 (59,855) 415 Other Taxes - - 546 546 420 Motor Vehicle In Lieu 252,000 126,000 132,885 6,885 440 Building & Other Permits 475,000 323,000 349,029 26,029 441 C&D Permits - - 4,200 4,200 450 Variance, Planning & Zoning 20,000 15,000 33,694 18,694 455 Animal Control Fees 250 188 92 (95) 460 Franchise Fees 14,000 10,500 10,048 (452) 480 Fines & Traffic Violations 4,500 3,375 2,581 (794) 482 Cost Recoivery - Publications 15,000 11,250 5,397 (5,853) 600 RHCA Lease Revenue 69,000 51,750 51,743 (7) 650 Public Safety Aug Fund 1,000 750 755 5 655 Burglar Alarm Response 500 375 - (375) 670 Interest on Investments 40,000 30,000 82,610 52,610 671 PARS Earnings 20,239 15,179 14,282 (898) 675 Miscellaneous Revenue 5,000 3,750 5,745 1,995 699 Transfer In - ARPA Fund 220,682 165,512 165,512 - 699 Transfers In - Refuse Fund 24,000 18,000 18,000 - TOTALS 2,728,383$ 1,719,550$ 1,778,042$ 58,492$ 174 2 As expected, with the rise in mortgage rates beginning last summer, home sales have dropped precipitously, Real Property Transfer Tax revenues are $59,855 below expectations and are expected to end the year approximately $80,000 below the $122,706 adopted bu dget. In contrast, Building Permit revenues are exceeding the budget by $26,029. In contrast to staff expectations, revenues continue to be strong in spite of the recent rise in interest rates. However, we have only received payment through December 2022, so there is still a possibility that we will see revenues wane in the second half of the fiscal year. In any case, absent a material decline later this fiscal year, revenue should reach close to $600,000 by year-end, well above the $475,000 budget. Lastly, Interest on Investments, excluding the funds held in the Section 115 Pension Trust, totaled $82,610 and are $52,610 ahead of the prorated budget. This is due to the increase in interest rates and the $750,000 withdrawn from LAIF and invested in Certificate of Deposits at a higher rate than being paid by LAIF. General Fund Expenditures Budgeted expenditures for fiscal year 2022/23 total $4,384,286, which includes $1,221,642 budgeted for transfers to the Capital Projects Fund for capital improvement projects. Thus, the operating budget (before transfers) totals $2,994,145. The prorated operating budget through March 31, 2023, representing 75% of the budget, is $2,245,608. Actual operating expenditures through March 31, 2023 totaled $1,708,690, resulting in a favorable variance of $536,918. The $536,918 is the result in variances in almost all departments, as shown in the table below. In most cases, the favorable variances are expected to carry through the rest of the fiscal year. A discussion of the key variances at the account level is provided below. Actuals Variance Amended Pro-Rated Thru Favorable Department Budget Budget 03/31/23 (Unfav) City Administrator 1,101,635$ 826,226$ 706,178$ 120,048$ Finance 140,500 105,375 141,070 (35,695) Planning & Development 938,539 703,904 419,753 284,151 Public Safety 245,000 183,750 158,252 25,498 Non-Departmental 286,357 214,768 112,659 102,108 City Properties 282,114 211,585 170,777 40,808 Total Before Transfers 2,994,145 2,245,608 1,708,690 536,918 Transfers Out 1,390,142 1,042,606 258,431 784,175 GENERAL FUND TOTALS 4,384,286$ 3,288,215$ 1,967,121$ 1,321,093$ 175 3 City Administrator/Manager Department In total, actual expenditures of $706,178 are below the prorated budget of $826,226 by $120,048. This is largely due to three accounts: City Attorney, Consulting Fees, and Records Management. City Attorney fees (801) through March 31, 2023 totaled $59,609, which is $30,391 below the prorated budget of $90,000. This is primarily due to the lack of large projects requiring significant involvement of the City Attorney and generally less complicated matters involving the City Attorney. Consulting Fees (890) consists of $45,000 for contracted management of construction projects (Alan Palermo) and $17,000 for a Grant Writer for a total of $62,000. As of the current date, a grant writer has not been hired, which explains most of the variance. Lastly, the $46,700 budgeted for Records Management (891) consists of $45,000 for the digitization of City records. This effort has recently begun but no costs have been incurred thus far. Finance Department As of March 31, 2023, departmental expenditures totaled $141,070, resulting in a overage of $35,695. The total budget for the Finance budget of $140,500 consists of $120,000 for contracted finance staff (Director, Senior Accountant, and Payroll Technician), $18,500 for the annual audit, and $2,000 for subscription fees tied to the hosted financial accounting system. Of the total $35,695 overage, $34,069 is attributable to the contracted services. As discussed in previous reports, the overage is the result of several factors, some of which are of a short-term nature. Specifically, a significant amount of time has been required to address inaccuracies in the accounting records that were inherited from the previous contractor; training new City staff with proper coding of receipts and disbursements; and working with staff to become more knowledgeable of their budgets so they can better monitor and manage spending. We have also had considerable turnover in the accounts payable function, requiring time and effort to train new people. With the transition of these duties to a newly hired part -time City staff person, savings will be realized in the contract, and hopefully turnover will become less of an issue. Lastly, current contracted staff have focused on delivering a higher level and quality of service than the City received in past years, such as improving the quality of financial information to the City Manager and Council, maintain the City’s financial records to a higher standard to ensure their accuracy, and providing more guidance, leadership, and engagement in financial matters, such as the budget as the budget development process. Planning Department The largest underspending ($284,151) was in the Planning Department where a number of expenditure accounts are below budget. The accounts with the largest variances are presented in the table below. 176 4 Legal Expenses (802 and 872) – Both of these accounts relate to legal expenses. In general, there has been fewer large-scale projects this fiscal year than last fiscal year, such as the Housing Element update, grants and development projects, which has reduced the need for legal services. Willdan Building review services (875) and Building/Planning – LA County (878) – Building and planning services are provided by both LA County Public Works Department and WIlldan (expedited services). Both are under budget because of the delays in invoicing. For LA County, they are usually 2-3 months behind in their billings each year. In addition, the $50,000 budget for Willdan may be too high. This is the first full fiscal year that we separated out the costs for Willdan from LA County, so the $50,000 was just a rough estimate. Staff will work on refining the budget in next year’s budget. Storm Water Management (881) – Costs are tracking below budget and is expected to end the year approximately $20,000 below budget. Special Projects Study & Consulting (884) – This account includes $17,000 for the City’s Arborist and $45,000 for the Safety Element. The actual cost for redoing CEQA docs for Safety & Housing Element were lower than anticipated, and the City has thus far not needed the services of the Arborist. Code Enforcement (886) – There was a gap in service as the City switched to a new contractor, which has resulted in lower costs through March 31. In addition, the new contract was lowered to approximately $60,000. Consulting Fees – On Call Maintenance (890) – This for as-needed services and thus far the service calls have been minimal. 177 5 Non-Departmental The $286,357 Non-Departmental budget consists of Insurance, South Bay Community Support, Community Recognition, and the largest piece at $221,700, Emergency Preparedness as shown below. Furthermore, Emergency Preparedness account includes not only payments to the Palos Verdes Peninsula Land Conservancy for fuel load reduction efforts at $81,700, but also costs for Block Captains ($50,000), Alert Southbay ($15,000), EIS Annual Support ($15,000), E-Noticy Blackboard ($6,000), the Peninsula Expo ($13,000), wildland inspections ($7,500), and consultant costs to support enforcement of ordinances ($30,000). Costs in several of these will either not be incurred or will cost less than anticipated. In total, costs are expected to be approximately $125,000 by the end of the year, well below the annual budget. RESTRICTED FUNDS Transit/Transportation Funds The City receives revenues, primarily from the County, that are restricted for specific purposes. These include the allocation of special sales tax measures approved by Los Angeles County voters over the last several decades that are restricted to transit and transportation programs and projects. The measures include Proposition A, Proposition C, Measure R, and Measure M. Since the City of Rolling Hills does not own and operate transit system and, in fact, has no transit service provided within the City limits, nor does the City own and maintain any public roads, the funds received pursuant to the four tax measures are either gifted to other agencies or exchanged for unrestricted monies with other agencies that can utilize the funds in accordance with their intended uses. Revenues received within these transit/transportation funds through the third quarter are in line with budgeted expectations. Through the 3rd quarter, none of the transit/transportation revenues have been expended. 178 6 COPS Fund The City also maintains a COPs Fund for monies received from the County’s Supplemental Law Enforcement Services Fund, created in 2009 through an increase statewide to vehicle license fees. The revenues can only be used for supplemental law enforcement services and not to supplant existing funding from the General Fund for law enforcement. As of March 31, 2023, revenues of $165,371 have been received versus a total annual budget of $165,000 . Thus revenues will exceed budget by fiscal year end. More importantly, this will provide additional funds to pay for increased Sheriff services, if needed. Measure W Fund The City receives an allocation of the countywide special parcel tax pursuant to the Measure W (Safe, Clean Water Act) for parcels located within the Los Angeles County Flood Control District . These revenues are intended for storm water recycling and water quality improvement projects and programs. The City receives a single payment each year for the full annual allocation. In December, the City received $104,457, which is very close to the $105,000 budget. ENTERPRISE FUND Refuse Fund The Refuse Fund is the City’s only enterprise fund. Enterprise funds are typically used to account for utilities owned and operated by governments, such as water, wastewater, electricity, and refuse, and other operations that are similar to those provided by the private sector, such as airports and golf courses. The Refuse Fund accounts for the contracted waste collection and disposal for all City of Rolling Hills residents. The fees charged to City residents are processed as a “Direct Assessment” through the County Assessor’s Office, which means the annual total of $1,100 is added to the property tax bill sent to property owners by the County and is payable in two installments. Thus, the payments the City receives from the County for refuse services coincide with the payments we receive for regular property taxes. As of March 31, 2022, the City has received $498,915 versus an annual budget of $780,000. Last year, the City received $353,622 through January 31 and ended the year at $673,222. Based on recent projections, this, it appears the City will receive approximately $756,000 by the end of the current fiscal year. If so, this would be below the budgeted revenues of $780,000 by $24,000. Just as last year, when the General Fund contributed $249,229 versus the $168,500 amount budgeted, the City’s General Fund may have to contribute more than the $168,500 budgeted this fiscal year to keep the Refuse Fund balanced. 179 Seasonally Actual Preliminary FY 2023 Adjusted Thru Variance YE Adopted Budget 03/31/23 Fav (Unfav)Estimate Property Taxes 1,425,207$ 840,872$ 860,460$ 19,588$ 1,458,407$ Sales Taxes 19,300 14,475 10,744 (3,731) 13,500 Property Transfer Tax 122,706 89,575 29,720 (59,855) 40,713 Other Taxes - - 546 546 1,000 Motor Vehicle In Lieu 252,000 126,000 132,885 6,885 260,000 Building & Other Permits 475,000 323,000 349,029 26,029 600,000 C&D Permits - - 4,200 4,200 5,600 Variance, Planning & Zoning 20,000 15,000 33,694 18,694 44,926 Animal Control Fees 250 188 92 (95) 150 Franchise Fees 14,000 10,500 10,048 (452) 13,397 Fines & Traffic Violations 4,500 3,375 2,581 (794) 3,442 Cost Recoivery - Publications 15,000 11,250 5,397 (5,853) 7,196 RHCA Lease Revenue 69,000 51,750 51,743 (7) 69,000 Public Safety Aug Fund 1,000 750 755 5 1,007 Burglar Alarm Response 500 375 - (375) - Interest on Investments 40,000 30,000 82,610 52,610 110,146 PARS Earnings 20,239 15,179 14,282 (898) 15,000 Miscellaneous Revenue 5,000 3,750 5,745 1,995 6,000 Transfer In - ARPA Fund 220,682 165,512 165,512 - 220,682 Transfers In - Refuse Fund 24,000 18,000 18,000 - 24,000 TOTALS 2,728,383$ 1,719,550$ 1,778,042$ 58,492$ 2,894,166$ CITY OF ROLLING HILLS General Fund Revenues Nine Months Ended March 31, 2023 180 Pro-Rated Actuals Variance Amended Budget Thru Favorable Budget at 3/31/23 at 3/31/23 (Unfav) 01 - CITY ADMINISTRATOR 702 Salaries -Full Time 464,258$ 348,194$ 331,478$ 16,716$ 705 Temporary Salaries 10,000 7,500 5,795 1,705 710 Retirement CalPERS-Employer 39,769 29,827 29,715 111 712 CalPERS Unfunded Liability 65,095 48,821 66,391 (17,570) 715 Workers Compensation Insurance 8,100 6,075 6,262 (187) 716 Group Insurance 71,316 53,487 56,724 (3,237) 717 Retiree Medical 35,231 26,423 25,124 1,300 718 Employer Payroll Taxes 36,997 27,748 19,920 7,828 719 Deferred Compensation 4,559 3,419 3,499 (80) 720 Auto Allowance 4,800 3,600 3,400 200 721 Phone Allowance 1,970 1,478 1,715 (238) 740 Office Supplies 11,000 8,250 9,964 (1,714) 745 Equipment Leasing Costs 11,450 8,588 8,137 450 750 Dues & Subscriptions 16,240 12,180 11,085 1,095 755 Conference Expense 10,000 7,500 2,451 5,049 757 Meetings Expense 2,000 1,500 2,604 (1,104) 759 Training & Education 5,000 3,750 1,000 2,750 761 Auto Mileage 500 375 326 49 765 Postage 21,000 15,750 14,100 1,650 775 City Council Expense 10,000 7,500 5,950 1,550 776 Miscellaneous Expenses 6,200 4,650 2,084 2,566 780 Communications/Newsletters & Outreach 5,000 3,750 - 3,750 785 Codification 5,000 3,750 3,446 304 790 Advertising 2,400 1,800 1,028 772 795 Other Gen Admin Expense 1,050 788 2,286 (1,498) 801 City Attorney 120,000 90,000 59,609 30,391 802 Legal Expense - Other 3,000 2,250 3,492 (1,242) Department/Object Account CITY OF ROLLING HILLS General Fund Expenditures Budget Vs. Actual Nine Months Ended March 31, 2023 1 Page: 1181 Pro-Rated Actuals Variance Amended Budget Thru Favorable Budget at 3/31/23 at 3/31/23 (Unfav)Department/Object Account CITY OF ROLLING HILLS General Fund Expenditures Budget Vs. Actual Nine Months Ended March 31, 2023 820 Website 6,000 4,500 - 4,500 850 Election Expense City Council 15,000 11,250 1,149 10,101 890 Consulting Fees 62,000 46,500 23,858 22,643 891 Records Management 46,700 35,025 3,587 31,438 Total City Administrator 1,101,635 826,226 706,178 120,048 05 - Finance 740 Office Supplies - - 140 (140) 750 Dues & Subscriptions 2,000 1,500 2,910 (1,410) 810 Annual Audit 18,500 13,875 13,950 (75) 890 Consulting Fees 120,000 90,000 124,069 (34,069) Total Finance 140,500 105,375 141,070 (35,695) 15- PLANNING & DEVELOPMENT 702 Salaries 236,748 177,561 127,337 50,224 703 Salaries - Part-Time 26,587 19,940 16,446 3,494 710 Retirement CalPERS-Employer 18,100 13,575 11,009 2,566 715 Workers Compensation Insurance 4,000 3,000 3,126 (126) 716 Group Insurance 44,275 33,206 25,703 7,503 718 Employer Payroll Taxes 20,237 15,178 10,358 4,819 720 Auto Allowance 1,200 900 850 50 721 Phone Allowance 600 450 425 25 761 Auto Mileage 300 225 - 225 750 Dues & Subscription 1,000 750 1,090 (340) 755 Conference Expense 5,000 3,750 - 3,750 759 Training & Education 1,000 750 625 125 790 Publication/Advertising/Noticing 15,000 11,250 9,091 2,159 802 Legal Expenses-Other 20,000 15,000 3,154 11,846 872 Property Development-Legal Exp 80,000 60,000 30,021 29,979 2 Page: 2182 Pro-Rated Actuals Variance Amended Budget Thru Favorable Budget at 3/31/23 at 3/31/23 (Unfav)Department/Object Account CITY OF ROLLING HILLS General Fund Expenditures Budget Vs. Actual Nine Months Ended March 31, 2023 875 Willdan Building 50,000 37,500 11,623 25,878 878 Build Inspect. LA County 150,000 112,500 89,981 22,519 881 Storm Water Management 97,142 72,857 33,038 39,818 884 Special Project Study & Consulting 65,000 48,750 31,747 17,003 886 Code Enforcement 77,880 58,410 12,818 45,593 890 Consulting Fees - On-Call Maint (Onward)24,470 18,353 1,313 17,040 928 Traffic Engineering 10,000 7,500 3,883 3,618 Total Planning & Development 938,539 703,904 419,753 284,151 25 - Public Safety 830 Law Enforcement 225,000 168,750 151,476 17,274 833 Other Law Enforcement Expenses 4,000 3,000 1,782 1,218 837 Wild Life Mgmt & Pest Control 10,000 7,500 2,428 5,072 838 Animal Control Expense 6,000 4,500 2,566 1,934 Total Public Safety 245,000 183,750 158,252 25,498 65 - NON-DEPARTMENTAL 776 Miscellaneous Expenses - - 81 (81) 895 Insurance & Bond Expense 29,657 22,243 18,252 3,991 901 South Bay Comm. Organization 15,000 11,250 14,285 (3,035) 915 Community Recognition 20,000 15,000 4,018 10,982 917 Emergency Preparedness 221,700 166,275 76,105 90,170 Total Non-Departmental 286,357 214,768 112,659 102,108 3 Page: 3183 Pro-Rated Actuals Variance Amended Budget Thru Favorable Budget at 3/31/23 at 3/31/23 (Unfav)Department/Object Account CITY OF ROLLING HILLS General Fund Expenditures Budget Vs. Actual Nine Months Ended March 31, 2023 75 - CITY PROPERTIES 892 IT Services 54,000 40,500 37,270 3,230 893 Granicus Services 8,000 6,000 12,906 (6,906) 894 Computer Hardware Fund 5,000 3,750 1,879 1,871 925 Utilities 85,212 63,909 39,614 24,295 930 Repairs & Maintenance 117,402 88,051 68,919 19,132 932 Area Landscaping 12,500 9,375 8,871 504 946 Buildings & Equipment - - 1,318 (1,318) 947 Non-Building Improvements - - - - Total City Properties 282,114 211,585 170,777 40,808 TOTALS BEFORE TRANSFERS 2,994,145 2,245,608 1,708,690 536,918 OPERATING TRANSFERS OUT 999 Capital Improvement Fund (Fund 40)1,166,845 875,133 132,056 743,077 999 CalOE Fund 54,797 41,098 - 41,098 999 Refuse Collection Fund (Fund 50)168,500 126,375 126,375 (0) Total Transfers Out 1,390,142 1,042,606 258,431 784,175 GENERAL FUND TOTALS 4,384,286$ 3,288,215 1,967,121 1,321,093$ 4 Page: 4184 CITY OF ROLLING HILLS MID-YEAR REPORT NINE MONTHS ENDED MARCH 31, 2023 185 INTRODUCTION This report covers the 9 months through March 31, 2023 Provides a very good glimpse to where revenues and expenditure will be at year end Most of the focus is on the General Fund 186 GENERAL FUND Revenues Through March 31, 2023 187 General Fund Revenues First time calculating a seasonally adjusted budget for certain key revenues Property taxes Property Transfer Taxes Building Permit fees All other revenue budgets are prorated based on 9/12 months (75%) of the year elapsed Both allow for a more meaningful comparison to actuals through March 31, 2023 188 General Fund Revenues Seasonally Actual Preliminary FY 2023 Adjusted Thru Variance YE Adopted Budget 03/31/23 Fav (Unfav)Estimate Property Taxes 1,425,207$ 840,872$ 860,460$ 19,588$ 1,458,407$ Sales Taxes 19,300 14,475 10,744 (3,731) 13,500 Property Transfer Tax 122,706 89,575 29,720 (59,855) 40,713 Other Taxes - - 546 546 1,000 Motor Vehicle In Lieu 252,000 126,000 132,885 6,885 260,000 Building & Other Permits 475,000 323,000 349,029 26,029 600,000 C&D Permits - - 4,200 4,200 5,600 Variance, Planning & Zoning 20,000 15,000 33,694 18,694 44,926 Animal Control Fees 250 188 92 (95) 150 Franchise Fees 14,000 10,500 10,048 (452) 13,397 Fines & Traffic Violations 4,500 3,375 2,581 (794) 3,442 Cost Recoivery - Publications 15,000 11,250 5,397 (5,853) 7,196 RHCA Lease Revenue 69,000 51,750 51,743 (7) 69,000 Public Safety Aug Fund 1,000 750 755 5 1,007 Burglar Alarm Response 500 375 - (375) - Interest on Investments 40,000 30,000 82,610 52,610 110,146 PARS Earnings 20,239 15,179 14,282 (898) 15,000 Miscellaneous Revenue 5,000 3,750 5,745 1,995 6,000 Transfer In - ARPA Fund 220,682 165,512 165,512 - 220,682 Transfers In - Refuse Fund 24,000 18,000 18,000 - 24,000 TOTALS 2,728,383$ 1,719,550$ 1,778,042$ 58,492$ 2,894,166$ 189 Property Taxes Taxes collected through March 31, 2023 totaled $860,460 Average % collected through 3/31 in last two years was 59% Using 59%, $860,460 would yield $1,458,407 and exceed budget by $33,200 190 Property Transfer Tax FY 2023 Adopted Budget = $122,706 (6% growth on Projected) FY 2023 through March 31, 2023 = $29,720 40-50% decline in home sales in LAC January –December 2022 Last two years, average of 73% of revenues through March 31 in the last two years Extrapolating revenues through March 31, 2023, revenues would total $40,713 by year-end and short of budget by ~$82,000 191 Building & Other Permit Revenue FY 2022/23 –Revenue through 3/31/2023 totaled $349,029 68% received on average last two fiscal years Revenues through March 31, 2023 of $349,029 extrapolates to $513,000 However, in April we received payments from LAC totaling $110k for November and December 2022, bringing total to $459,000 Takes County 3 months to process checks Expect to receive an additional 4 payments (Est. $150,000 total) $459,000 + $150,000 = $609,000 192 Investment Earnings FY 2022/23 Budget $40,000 for earnings on City investments $20,239 for earnings on Pension Trust Investments Pension Trust earnings are tracking with budget Earnings on City investments expected to reach $110,000 by year-end, $80,000 ahead of the budget Primarily due to the shift of $750,000 in monies held in LAIF to CD’s when interest rates increased. LAIF returns are generally lower and slower to react to rapid changes to interest rates 193 Summary Total revenues through March 31, 2023 totaled $1.78M Positive variance from seasonally adjusted revenues of $58,492 YE estimate of $2.9M expected to exceed budget by $165k YE estimate is $99,000 higher than YE projection at mid-year 194 GENERAL FUND Expenditures Through March 31, 2023 195 General Fund Expenditures Actuals Variance Amended Pro-Rated Thru Favorable Department Budget Budget 03/31/23 (Unfav) City Administrator 1,101,635$ 826,226$ 706,178$ 120,048$ Finance 140,500 105,375 141,070 (35,695) Planning & Development 938,539 703,904 419,753 284,151 Public Safety 245,000 183,750 158,252 25,498 Non-Departmental 286,357 214,768 112,659 102,108 City Properties 282,114 211,585 170,777 40,808 Total Before Transfers 2,994,145 2,245,608 1,708,690 536,918 Transfers Out 1,390,142 1,042,606 258,431 784,175 GENERAL FUND TOTALS 4,384,286$ 3,288,215$ 1,967,121$ 1,321,093$ 196 CITY MANAGER DEPARTMENT Favorable variance of $120,048 Key Variances City Attorney Fees ($30,391) Fewer complicated projects this year Consulting Fees ($22,643) Grant writer ($17,000) hired in later March. Contract management costs ($45,000) slightly under budget Records Management Fees ($31,438) Digitization efforts ($45k) underway, but no costs incurred yet 197 FINANCE DEPARTMENT Total Budget Includes Financial Services contract ($120,000), Annual Audit ($18,500), and licensing fees for accounting system ($2,000) Overage in Financial Services by $34,069 through 3/31/23 High turnover in Accounts Payable function (transitioned to City staff) Lots of clean-up of financial records inherited from predecessor New staff creates a steep learning curve –both contracted and City staff Higher level and quality of service Next year’s costs will be much less; however current budget is still too low 198 PLANNING DEPARTMENT Total budget = $938,539 Favorable variance at 3/31/23 = $284,151 Planning-Related Legal expenses ($41,825) Fewer complicated projects –e.g., Housing Element Building/Planning Review Contracts -LAC and Willdan ($48,397) Late invoicing (County 2-3 month behind; Willdan invoices pending) Storm Water Management ($39,818) Still working out allocation of costs between Measure W and General Fund. Code Enforcement ($45,593) Gap in services in transitioning to new contract. Contract lowered by almost $30,000 199 NON-DEPARTMENTAL Total budget includes insurance, South Bay Community Organizations, Community Recognition, and Emergency Preparedness Emergency Preparedness budget = $221,200 Actuals through 3/31/2023 = $76,105 Variance from prorated budget = $90,170 Key Variances Block Captains Alert South Bay EIS Support Peninsula Expo 200 RECAP Total variance for operating budget = $536,916 Analysis of variances Some one-time items started late in fiscal year (e.g., Digitization of records) -carryover into next year? Some costs are seasonal and variances will diminish by year-end Some due to budgets that may be too high (budget development still a work in progress and learning process) Reflected in adjustments proposed to FY 2024 budget Guestimate of YE savings = $300,000 -$400,000 201 GENERAL FUND Status of Reserves 202 ndments nc. - City Hall ADA Improvements Res. #1306 09/26/2022 9,700.00 One-Time 01-00-999 Transfers Out - CIP Fund 40-00-948 cy - 5th Amendment Res. #1307 09/26/2022 33,500.00 Ongoing 01-65-917 Emergency Preparedness rain Repair Work - E.C. Construction Res. #1313 10/24/2022 40,503.00 One-Time 01-75-930 Repairs & Maintenance Consulting Res. #1315 10/24/2022 21,500.00 One-Time 01-75-930 Repairs & Maintenance Services - Onward Engineering Res. #1319 12/13/2022 24,470.00 One-Time 01-15-890 Consulting Fees - P&D Sewer Main - Willdan Res. #1319 12/13/2022 9,010.00 One-Time 01-00-999 Transfers Out - CIP Fund 40-00-887 s Canyon Road Res. #1324 01/23/2023 13,000.00 One-Time 01-75-930 Repairs & Maintenance " Sewer Main Project Res. #1325 02/13/2023 23,670.00 One-Time 01-00-999 Transfers Out - CIP Fund 40-00-962 Tennis Court ADA Improvements Res. #1326 02/13/2023 5,000.00 One-Time 01-00-999 Transfers Out - CIP Fund 40-00-935 Project - AC Pros Res. #1329 03/13/2023 207,427.00 One-Time 01-00-999 Transfers Out - CIP Fund 40-00-961 ncy Storm Drain Repairs Res. #1327 03/13/2023 452,742.50 One-Time 01-00-999 Transfers Out - CIP Fund 40-00-961 dleridge Storm Drain Res. #1331 03/13/2023 7,398.50 One-Time 01-75-930 Repairs & Maintenance roof Removal and Electrical Svcs Res. #1330 03/13/2023 60,170.00 One-Time 01-00-999 Transfers Out - CIP Fund 40-00-963 Res. #1332 03/27/2023 3,125.00 One-Time 01-00-999 Transfers Out - CIP Fund 40-00-961 Res. #1334 04/10/2023 8,324.00 One-Time 01-75-932 Landscaping mendments Through March 13, 2023 919,540.00 d Amendments 974,337.00 erves - As Amended 1,674,226.00$ Reserves at June 30, 2022 4,838,544$ serves - FY 2023 (1,674,226) 12/31/2022 3,164,318 es per City Policy (FY 2022 Revenues)2,222,881 Excl. ARPA 2252510 Policy at March 31, 2023 941,437$ Reserves 203 Res. #1324 01/23/2023 13,000.00 One-Time 01-75-930 ct Res. #1325 02/13/2023 23,670.00 One-Time 01-00-999 Improvements Res. #1326 02/13/2023 5,000.00 One-Time 01-00-999 Res. #1329 03/13/2023 207,427.00 One-Time 01-00-999 pairs Res. #1327 03/13/2023 452,742.50 One-Time 01-00-999 in Res. #1331 03/13/2023 7,398.50 One-Time 01-75-930 lectrical Svcs Res. #1330 03/13/2023 60,170.00 One-Time 01-00-999 Res. #1332 03/27/2023 3,125.00 One-Time 01-00-999 Res. #1334 04/10/2023 8,324.00 One-Time 01-75-932 ugh March 13, 2023 919,540.00 974,337.00 ded 1,674,226.00$ 2022 4,838,544$ (1,674,226) 3,164,318 Y 2022 Revenues)2,222,881 Excl. ARPA * Two things to add context to the $949,761: 1.Should factor in expected year-end expenditure savings 2.What are the Capital Improvement needs over the next 2-3 years? 204 FINAL COMMENTS Goal is to continue to work on building a more precise expenditure budget going forward –still a learning process Important that the budget can be relied on to provide a reasonably accurate picture of what to expect in revenues and expenditures. We’re getting there… Going forward, with the development of the FY 2023/24 operating budget, the General Fund budget will be structurally balanced However, reserves are not adequate to fund large scale capital improvements –other options/strategies need to be considered 205 QUESTIONS/DISCUSSION 206 Agenda Item No.: 13.B Mtg. Date: 04/24/2023 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:PATRICK DONEGAN, CITY ATTORNEY THRU:ELAINE JENG P.E., CITY MANAGER SUBJECT:CONSIDER AND APPROVE AMENDED CITY MANAGER EMPLOYMENT CONTRACT DATE:April 24, 2023 BACKGROUND: On August 13, 2018, the City Council approved an Employment Agreement with Elaine Jeng ("City Manager Jeng") providing for her employment as City Manager. Sections 5 and 12 of the Agreement provides that the Council will annually conduct a performance evaluation of the City Manager and consider a compensation adjustment at that time. On April 12, 2021, the City Council approved the First Amendment to City Manager Jeng's Employment Agreement after conducting an annual performance review. On April 25, 2022, the City Council approved the Second Amendment to City Manager Jeng's Employment Agreement after conducting an annual performance review. Under the Brown Act, performance evaluations are conducted in closed session in order to protect the privacy interest of the employee. The privacy interests of public employees in their work performance are no different than those of employees in the private sector. DISCUSSION: Throughout late 2022 and early 2023, the City Council conducted City Manager Jeng's performance evaluation for the preceding year. As a result of this performance evaluation certain terms of the Employment Agreement for City Manager Jeng are proposed to be amended. Specifically, a salary increase to the amount of Two Hundred Thirty-Nine Thousand and Three Hundred and Twenty-Eight Dollars ($239,328.00). FISCAL IMPACT: If the amended Employment Agreement is approved, there would be an expenditure increase to reflect the increase in salary to City Manager Jeng to the City Administration Department for Fiscal Year 2022-2023. RECOMMENDATION: 207 Approve as recommended. ATTACHMENTS: Elaine Jeng Agreement 2018.08.13.pdf CA_AGR_210409_ElaineJeng_FirstAmendment_F_E.pdf CA_AGR_220426_ElaineJeng_SecondAmendment_F_E.pdf Third AMENDMENT to CM agreement Elaine Jeng (2023)-c1-c1_ej.pdf 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 THIRD AMENDMENT TO EMPLOYMENT AGREEMENT THIS THIRD AMENDMENT TO EMPLOYMENT AGREEMENT is made and entered into as of this 24th day of April, 2023, by and between the CITY OF ROLLING HILLS, a general law city and municipal corporation (hereinafter “City”), and ELAINE H. JENG (hereinafter “Employee”), both of whom understand as follows: R E C I T A L S A. City and Employee entered into an Employment Agreement on August 13, 2018 to appoint Employee as City Manager of the City of Rolling Hills (the “Agreement”). B. City and Employee entered into a First Amendment to the Agreement on April 12, 2021 to increase the annual salary, car allowance, and management leave and to reflect a higher contribution for Employee’s health insurance and 457 plan (the “First Amendment”). C. City and Employee entered into a Second Amendment to the Agreement on April 25, 2022 to increase the annual salary, provide a one-time bonus payment, and allow cash out of vacation accrual without requiring use of one week of vacation as a condition precedent, C. City evaluated Employee’s annual performance for the period of under the terms of the Agreement. D. City and Employee now desire to amend the Agreement for a third time to increase the annual salary (the “Third Amendment”). NOW, THEREFORE, in consideration of the mutual covenants hereinafter contained the parties agree as follows: 1. Paragraph 5 (Salary) of the Agreement is amended to read as follows: 5. Salary. City agrees to pay Employee for the services required by this Agreement a base annual salary of Two Hundred Thirty-Nine Thousand and Three 226 2 Hundred and Twenty-Eight Dollars ($239,328.00) payable in installments at the same time as other employees of the City are paid. The salary shall be adjusted annually by the cost of living (COLA) on the same basis as other employees of the City. City agrees to pay Employee a monthly car allowance of Four Hundred Dollars ($400) per month. The car allowance is intended to reimburse Employee for the use of her private vehicle for City business. Employee must provide her own automobile for her use in performing her duties and is responsible for all maintenance, repair, fuel and insurance expenses for said vehicle. Employee shall use her personal cellular telephone for transaction of City business and City agrees to reimburse Employee $110 per month for use of her phone for business. At the time of her annual evaluation as provided for in paragraph 12 herein, City agrees to evaluate Employee’s salary and/or any other benefits Employee receives under this Agreement and to make modifications in such amounts and to such an extent (whether in the nature of a cost of living adjustment, merit increase, bonus or other compensation enhancement or otherwise) as City Council in its discretion may determine that it is desirable to do so. Employee may be given exceptional performance recognition in the form of a one-time check for exceptional performance during the prior fiscal year. 2. All terms and conditions of the Agreement not amended by this Third Amendment, Second Amendment and the First Amendment shall remain in full force and effect. 3. This Third Amendment shall be effective as of April 1, 2023. [Signature page to follow] 227 3 IN WITNESS WHEREOF the parties have executed this Third Amendment as of the day and year first above written. EMPLOYEE ________________________ ELAINE H. JENG, CITY MANAGER CITY OF ROLLING HILLS By: ________________________ PAT WILSON, MAYOR ATTEST: ________________________ CHRISTIAN HORVATH, CITY CLERK 228