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CL_AGN_230612_CC_AgendaPacket_F_rev1.CALL TO ORDER 2.ROLL CALL 3.PLEDGE OF ALLEGIANCE 4.PRESENTATIONS/PROCLAMATIONS/ANNOUNCEMENTS 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. 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. 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 JUNE 12, 2023 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 AGENDA Regular City Council Meeting CITY COUNCIL Monday, June 12, 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. 1338 Next Ordinance No. 383 1 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: MAY 22, 2023 RECOMMENDATION: Approve as presented. 8.D.PAYMENT OF BILLS RECOMMENDATION: Approve as presented. 8.E.REPUBLIC SERVICES RECYCLING TONNAGE REPORT FOR APRIL 2023 RECOMMENDATION: Receive and file. 8.F.APPROVE AN AMENDED AGREEMENT WITH MCGOWAN CONSULTING FOR SERVICES RELATING TO STORMWATER MANDATE COMPLIANCE RECOMMENDATION: Approve as presented. 8.G.APPROVE THE THIRD AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH LSL, LLC TO PROVIDE FINANCIAL AUDIT SERVICES FOR THE FISCAL YEAR ENDING JUNE 30, 2023 FOR AN AMOUNT NOT-TO- EXCEED $31,400. RECOMMENDATION: Approve as presented. 8.H.RECEIVE AND FILE A REPORT FROM THE MAY 23, 2023 SOLID WASTE AND RECYCLING COMMITTEE RECOMMENDATION: Receive and file. 8.I.RECEIVE AND FILE AN UPDATE ON TENNIS COURTS ADA IMPROVEMENT PROJECT RECOMMENDATION: Receive and file CL_AGN_230612_CC_AffidavitofPosting.pdf CL_MIN_230522_CC_F.pdf CL_AGN_230612_CC_PaymentOfBills-signed.pdf VC_REP_230518_April_YTD_TonnageReport.pdf CA_AGR_230612_McGowan_Amend06_D.pdf RH-MS4-ProposalLetter-FY23-24(2023-04-20).pdf RH-MS4_SOS_FY2023-24(Final).pdf MCGOWAN CONSULTING LLC, Agrmnt_ 2015-18_Signed.pdf McGowan 1stAmendment 2018-2020 SIGNED.pdf Second Amendment McGowan Agreement 4-17-19.pdf 3rd Agreement McGowan Consulting LLC Agreement 2020_07_29.pdf PSA 4th Amendment signed 06.29.2021.pdf CA_AGR_220613_McGowan_Amend05_E.pdf CA_AGR_230612_LSL_PSA_Amendment_03_LSL.pdf CL_AGN_230612_CC_Email_DBenton_230605.pdf CL_AGN_230612_CC_Email_DBenton_230510.pdf CL_AGN_220328_UnforseenCircumstances_CVTFire.pdf 2 8.J.RECEIVE AND FILE A STATUS TO AMEND THE WIRELESS COMMUNICATION FACILITIES ORDINANCE RECOMMENDATION: Receive and file. 9.EXCLUDED CONSENT CALENDAR ITEMS 10.COMMISSION ITEMS 11.OLD BUSINESS 11.A.RECEIVE AN UPDATED SOUND PROPOGATION REPORT FROM HQE SYSTEMS INC., AND DIRECT STAFF TO ENGAGE HQE SYSTEM INC. TO INSTALL THE PROPOSED OUTDOOR SIREN SYSTEM FOR THE CITY OF ROLLING HILLS. RECOMMENDATION: Approve as presented. 11.B.CONSIDER THE LETTER OF AGREEMENT (LOA) FROM ENERGY SOLUTIONS COMPANY SITELOGIQ AS AN ALTERNATIVE APPROACH TO IMPLEMENT THE CITY HALL CAMPUS BACKUP POWER PROJECT AND DIRECT STAFF TO DRAFT A PROFESSIONAL SERVICES AGREEMENT WITH SITELOGIQ FOR SERVICES. RECOMMENDATION: Approve as presented. 11.C.APPROVE A WITHDRAWAL FROM REQUEST FOR TIME SCHEDULE ORDER FOR MACHADO LAKE TOTAL MAXIMUM DAILY LOADS FROM LOS ANGELES REGIONAL WATER QUALITY CONTROL BOARD RECOMMENDATION: Approve as presented. 11.D.APPROVE A SECOND AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH NV5 TO ADDRESS THE UTILITY CONFLICT IDENTIFIED IN THE DOWNSTREAM SEWER MAIN AS A PART OF THE 8" SEWER MAIN LINE ALONG PORTUGUESE BEND ROAD/ROLLING HILLS PROJECT. RECOMMENDATION: Approve as presented. 12.NEW BUSINESS 12.A.ACCEPT EMERGENCY STORM DRAIN REPAIRS AND LINING AT OR NEAR 1 MIDDLERIDGE LANE SOUTH TO 3 MIDDLERIDGE LANE NORTH AS COMPLETE, FILE NOTICE OF COMPLETION WITH THE LOS ANGELES COUNTY RECORDER'S OFFICE, AND RELEASE RETENTION AFTER 30 DAY PL_WCF_230607_Infinity_CaseLog.pdf CL_AGN_230612_CC_HQE_SiRcomOutdoorWarningSystem.pdf CL_AGN_220912_HQE_Systems_Feasbility_Study.pdf CL_AGN_CC_221010_FlowChart_Process_to_Activate_Outdoor_Siren_System.pdf CL_AGN_230602_SiteLogiQ_LOA.pdf CL_AGN_230418_SitelogiQ_Presentation.pdf PW_MS4_TSO_RollingHillsWithdrawalTSORequest_D.pdf PW_MS4_221019__LARWQCB_PVP_WMP_TSO_ConditionalApproval.pdf PW_MS4_220317_LARWQCB_PVP_WMG_TSO_Review_Letter.pdf CA_AGR_200929_NV5_8inchSewerLineProject_E.pdf CA_AGR_230213_NV5_8inchSewerLineProject_1stAmendment_NV5_E.pdf 3 LIEN PERIOD TO EC CONSTRUCTION RECOMMENDATION: Approve as presented. 12.B.ACCEPT THE DEMOLITION PACKAGE FOR: STANDBY GENERATOR REMOVAL, WATERPROOF REMOVAL, & ELECTRICAL SERVICES PROJECT #2 0 2 3 -0 2 AS COMPLETE, DIRECT STAFF TO FILE THE NOTICE OF COMPLETION WITH THE LOS ANGELES COUNTY RECORDER'S OFFICE, AND RELEASE RETENTION AFTER 30 DAY LIEN PERIOD TO UNLIMITED ENVIRONMENTAL, INC. RECOMMENDATION: Approve as presented. 12.C.CONSIDERATION AND APPROVAL TO AWARD A CONSTRUCTION CONTRACT TO BENNETT LANDSCAPE FOR REPLACEMENT OF THE THREE RAIL FENCE ALONG PORTUGUESE BEND ROAD BRIDLE TRAIL ADJACENT TO CITY HALL; ADOPT BY RESOLUTION NO. 1336 AUTHORIZING A BUDGET MODIFICATION OF $26,724.50; DIRECT THE CITY ATTORNEY TO FINALIZE A CONSTRUCTION CONTRACT; AUTHORIZE THE CITY MANAGER TO EXECUTE; AND FIND THE SAME EXEMPT FROM CEQA RECOMMENDATION: Approve as presented. 12.D.APPROVE A PROFESSIONAL SERVICES AGREEMENT WITH DCA CIVIL ENGINEERING GROUP TO PROVIDE CIVIL ENGINEERING SERVICES FOR THE 20C PORTION OF THE CREST ROAD EAST FIRE PREVENTION POWER LINE UNDERGROUNDING PROJECT IN AN AMOUNT NOT TO EXCEED $40,536 FUNDED BY FEMA HAZARD MITIGATION PROGRAM #DR4344-526- 112R, AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENT, AND FINDING THE PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT RECOMMENDATION: Approve as presented. 12.E.RECEIVE A REPORT ON THE MAY 25, 2023 TRAFFIC COMMISSION MEETING AND PROVIDE DIRECTION TO STAFF RECOMMENDATION: Discuss and provide direction to staff on: 1. Reinstating supplemental traffic enforcement; 2. Accepting the Traffic Commission's action to not provide guardrails on Outrider Road; and 3. Accepting the Traffic Commission's recommendation to install four PW_DRA_230307_MiddleridgeLnNS_ECC_CompleteFix_Lining_Estimate.pdf PW_DRA_230523_MiddleridgeLnNS_ECC_Invoice_CP.pdf PW_DRA_230606_MiddleridgeLnNS_ECC_NoticeOfCompletion_D.pdf CL_BID_230605_2023-02_UEI_Invoice01.pdf CL_BID_230605_2023-02_UEI_CP.pdf CL_BID_230606_2023-02_UEI_NoticeOfCompletion_D2.pdf CL_PBN_230503_NOB_2023-03_EquestrianFenceReplacement_Affidavit.pdf CL_BID_230522_2023-03_NC_BennettLandscape.pdf CL_BID_230522_2023-03_NC_CountryEstate.pdf ResolutionNo1336_BennettLandscape_FenceReplacement_BudgetAmendment.pdf CA_AGR_230612_BennettLandscape_2023-03_EquestrianFenceReplacement.pdf CA_AGR_230612_DCA_CiviEng_CrestRoadEast_20C_Grant.pdf GR_OES_230511_RFP_DCA_Proposal_rev.pdf GR_OES_230511_RFP_DCA_Fees2023_rev.pdf 4 speed limit signs and replace one sign. 12.F.FINAL RECOMMENDED BUDGET FOR FISCAL YEAR 2023/24 RECOMMENDATION: Consider final adjustments to the fiscal year 2023/24 estimated revenues and expenditures and provide final direction to staff in preparation for budget adoption on June 26, 2023. 12.G.RECEIVE AND FILE A REPORT FROM THE AD HOC FIRE FUEL COMMITTEE ON THE JUNE 6, 2023 MEETING; AND PROVIDE DIRECTION TO STAFF RECOMMENDATION: Receive and file report and provide direction to staff. 12.H.CONSIDER AND APPROVE CONTRACT CHANGE ORDER 03 WITH AC PROS TO RESOLVE ISSUES WITH THE EXISTING ELECTRICAL PANEL AND GROUND REQUIRED BY THE BUILDING INSPECTOR AS PART OF THE CITY HALL HEATING, VENTILATION, AIR CONDITIONING (HVAC) PROJECT 2023-01 RECOMMENDATION: Approve as presented. 13.PUBLIC HEARINGS 13.A.PUBLIC HEARING REGARDING POTENTIAL INCREASE TO REFUSE RATES FOR FISCAL YEAR 2023/24. R EC O M M EN D AT I O N: 1. Conduct a public hearing to accept written and verbal protests against the increased refuse waste fees, track the number of protests and, if the number of written protests received is not sufficient to constitute a majority, make a finding that there is not a majority protest by property owners. 2. Approve Resolution No. 1337 “A Resolution of the City Council of the City of Rolling Hills, California, Increasing the Maximum Refuse Services Rate in the City” (Attachment 2) 14.MATTERS FROM THE CITY COUNCIL 14.A.RECEIVE AND FILE INFORMATION ON THE PALOS VERDES ESTATES FOUNDATION; AND DISCUSS ESTABLISHING A SIMILAR FOUNDATION FOR ROLLING HILLS (MAYOR PRO TEM MIRSCH) R ECOM MENDATION : Receive and file a report by Mayor Pro Tem Leah Mirsch, and discuss. 14.B.DISCUSS REQUEST FOR SMALL GIFTS FOR THE DINNER TO INSTALL CL_AGN_230525_TC_LACSD_April-May_2023_Traffic.pdf CL_AGN_230525_Outrider_Road_Curve.pdf CL_AGN_230525_TC_PBR-Crest-Eastfield_Speed_Limit_Memorandum_05.17.2023.pdf CL_AGN_230612_Final_FY_2023-24_GeneralFund_RevenueProjections.pdf CL_AGN_230612_CC_FY2023-24_Final_ExpenditureBudget_GeneralFund.pdf CL_AGN_230612_CC_FY23-24_FinalBudget_OtherFunds.pdf CL_AGN_230612_CC_AdHoc_FF_Committee_Report.pdf CL_BID_230605_2023-01_ACPros_CO-03_ElectricalPanelGroundMods_E.pdf CL_PBN_230424_Prop218_Refuse.pdf ResolutionNo1337_Prop218_MaximumRateForRefuseServices_ 2023_Draft.pdf 5 LEAGUE OF CALIFORNIA CITIES LOS ANGELES DIVISION INCOMING PRESIDENT COUNCILMEMBER BEA DIERINGER (MAYOR WILSON) RECOMMENDATION: Provide direction to staff. 14.C.A RECEPTION FOR OUTGOING CITY MANAGER ELAINE JENG ON JUNE 26, 2023 AT 5PM (MAYOR PRO TEM MIRSCH) RECOMMENDATION: Provide direction to staff. 15.MATTERS FROM STAFF 16.RECESS TO CLOSED SESSION 16.A.CONFERENCE WITH LEGAL COUNSEL: THREATENED LITIGATIONGOVERNMENT CODE SECTION 54956.9(D)(2)THE CITY COUNCIL FINDS, BASED ON ADVICE FROM LEGAL COUNSEL, THAT DISCUSSION IN OPEN SESSION WILL PREJUDICE THE POSITION OF THE CITY IN THE LITIGATION.NUMBER OF POTENTIAL CASES:1(THREATENED LITIGATION BY A PROPERTY OWNER REGARDING TITLE PROPERTY ISSUES RELATED TO 11 QUAIL RIDGE ROAD SOUTH BASED ON PAST ACTIONS UNDER THE THEN APPLICABLE CITY VIEW ORDINANCE) RECOMMENDATION: None. 16.B.PERSONNEL PURSUANT TO GOVERNMENT CODE SECTION (B) 54957 THE CITY COUNCIL MAY MEET IN CLOSED SESSION TO CONSIDER THE APPOINTMENT/EMPLOYMENT OF A PUBLIC EMPLOYEE. (CITY MANAGER) RECOMMENDATION: None. 17.RECONVENE TO OPEN SESSION 18.ADJOURNMENT Next regular meeting: Monday, June 26, 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_230612_CC_CalCities_InstallationDInner_Gift.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. 6 Agenda Item No.: 8.A Mtg. Date: 06/12/2023 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 JUNE 12, 2023 DATE:June 12, 2023 BACKGROUND: None. DISCUSSION: None. FISCAL IMPACT: None. RECOMMENDATION: Approve. ATTACHMENTS: CL_AGN_230612_CC_AffidavitofPosting.pdf 7 Administrative Report 8.A., File # 1835 Meeting Date: 06/12/2023 To: MAYOR & CITY COUNCIL From: Christian Horvath, City Clerk TITLE APPROVE AFFIDAVIT OF POSTING FOR THE CITY COUNCIL REGULAR MEETING OF JUNE 12, 2023 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 JUNE 12, 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: June 9, 2023 8 Agenda Item No.: 8.B Mtg. Date: 06/12/2023 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:June 12, 2023 BACKGROUND: None. DISCUSSION: None. FISCAL IMPACT: None. RECOMMENDATION: Approve. ATTACHMENTS: 9 Agenda Item No.: 8.C Mtg. Date: 06/12/2023 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: MAY 22 , 2023 DATE:June 12, 2023 BACKGROUND: None. DISCUSSION: None. FISCAL IMPACT: None. RECOMMENDATION: Approve as presented. ATTACHMENTS: CL_MIN_230522_CC_F.pdf 10 MINUTES – CITY COUNCIL MEETING Monday, May 22, 2023 Page 1 Minutes Rolling Hills City Council Monday, May 22, 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 7:00 p.m. Mayor Wilson presiding. 2. ROLL CALL Councilmembers Present: Dieringer Pieper, Mayor Pro Tem Mirsch, Mayor Wilson Councilmembers Absent: Black Staff Present: Elaine Jeng, City Manager John Signo, Planning & Community Services Director Pat Donegan, City Attorney 3. PLEDGE OF ALLEGIANCE – Councilmember Dieringer 4. PRESENTATIONS/PROCLAMATIONS/ANNOUNCEMENTS 4.A. A PROCLAMATION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS PROCLAIMING JUNE 17, 2023 AS "DOORS OPEN PENINSULA" DAY Presentation by Monique Leahey Sugimoto and Zoe Unno of the Palos Verdes Peninsula Library District; Jonathan Beutler, Palos Verdes Peninsula Library District Director Councilmember Black arrived at 7:06 p.m. Mayor Wilson presented an official Proclamation to the Library District representatives. 4.B. PRESENTATION BY THE CALIFORNIA DEPARTMENT OF INSURANCE: SAFER FROM WILDFIRES Presentation by Arminé Sargsyan of the California Department of Insurance 5. APPROVE ORDER OF THE AGENDA Motion by Mayor Pro Tem Mirsch, seconded by Councilmember Black to Approve the Order of the Agenda. Motion carried unanimously with the following vote: AYES: Black, Dieringer, Pieper, Mirsch, Mayor Wilson NOES: None ABSENT: None 6. BLUE FOLDER ITEMS (SUPPLEMENTAL) – NONE 7. PUBLIC COMMENT ON NON-AGENDA ITEMS Public Comment: Arlene Honbo, Gene Honbo, 11 MINUTES – CITY COUNCIL MEETING Monday, May 22, 2023 Page 2 8. CONSENT CALENDAR 8.A. APPROVE AFFIDAVIT OF POSTING FOR THE CITY COUNCIL REGULAR MEETING OF MAY 22, 2023 8.B. APPROVE MOTION TO READ BY TITLE ONLY AND WAIVE FURTHER READING OF ALL ORDINANCES AND RESOLUTIONS LISTED ON THE AGENDA 8.C. APPROVE THE FOLLOWING CITY COUNCIL MINUTES: MAY 8 , 2023 8.D. PAYMENT OF BILLS 8.E. RECEIVE AND FILE A NOTICE OF INTENT PREPARED BY THE CITY OF ROLLING HILLS ESTATES TO APPLY FOR A JOINT HAZARD MITIGATION GRANT PROGRAM COVERING THE FOUR PENINSULA CITIES 8.F. CONSIDER AND APPROVE SIXTH AMENDMENT TO THE SUBDIVISION IMPROVEMENT AGREEMENT TO ALLOW A ONE-YEAR TIME EXTENSION FOR THE STORM HILL SUBDIVISION IMPROVEMENTS Motion by Councilmember Black, seconded by Councilmember Dieringer to approve Consent Calendar. Motion carried unanimously with the following vote: AYES: Black, Dieringer, Pieper, Mirsch, Mayor Wilson NOES: None ABSENT: None 9. EXCLUDED CONSENT CALENDAR ITEMS – NONE 10. COMMISSION ITEMS 10.A. ZONING CASE NO. 23-004: REQUEST FOR A SITE PLAN REVIEW TO CONVERT ATTACHED COVERED PORCHES TO ENCLOSED LIVING AREAS, PAVE 1,250 SQUARE FEET OF LAWN AREA, CONVERT AN EXISTING GARAGE INTO A KITCHEN, AND FOR INTERIOR AND EXTERIOR REMODEL IMPROVEMENTS ON A PROPERTY LOCATED AT 17 CREST ROAD EAST (LOT 9-FT), ROLLING HILLS, CA (WANG), AND FINDING THE PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Presentation by Planning & Community Services Director John Signo Motion by Councilmember Black, seconded by Councilmember Pieper to receive and file. Motion carried unanimously with the following vote: AYES: Black, Dieringer, Pieper, Mirsch, Mayor Wilson NOES: None ABSENT: None 11. PUBLIC HEARINGS – NONE 12. OLD BUSINESS 12.A. UPDATE ON AUDIT REQUEST FOR PROPOSALS 12 MINUTES – CITY COUNCIL MEETING Monday, May 22, 2023 Page 3 Presentation by City Manager Elaine Jeng Motion by Councilmember Pieper, seconded by Mayor Pro Tem Mirsch to accept staff recommendation and approve selection of LSL for the FY 22/23 Audit. Motion carried unanimously with the following vote: AYES: Black, Dieringer, Pieper, Mirsch, Mayor Wilson NOES: None ABSENT: None 12.B. CONSIDERATION OF CAL WATER'S REQUEST TO SUPPORT ASSEMBLY BILL 838 CALIFORNIA WATER AFFORDABILITY AND INFRASTRUCTURE TRANSPARENCY ACT OF 2023 Presentation by City Manager Elaine Jeng Motion by Councilmember Black, seconded by Councilmember Dieringer to take a position of no support. Motion carried with the following vote: AYES: Black, Dieringer, Pieper, Mayor Wilson NOES: Mirsch ABSENT: None 13. NEW BUSINESS 13.A. CONSIDER AND APPROVE THE PURCHASE AND INSTALLATION OF A "LITTLE FREE LIBRARY" ON THE CITY HALL CAMPUS Presentation by City Manager Elaine Jeng Public Comment: Judith Haenel Motion by Councilmember Pieper, seconded by Councilmember Black to approve up to $750 toward the purchase and installation of a Little Free Library outside City Hall and leave the details to staff. Motion carried with the following vote: AYES: Black, Dieringer, Pieper, Mirsch, Mayor Wilson NOES: None ABSENT: None 13.B REPORT BASED ON THE MAY 8, 2023 FINANCE COMMITTEE'S CONSIDERATION OF AND RECOMMENDATIONS ON THE PROPOSED FISCAL YEAR 2023/24 BUDGET Presentation by City Manager Elaine Jeng Motion by Councilmember Dieringer, seconded by Councilmember Pieper to receive and file. Motion carried unanimously with the following vote: AYES: Black, Dieringer, Pieper, Mirsch, Mayor Wilson NOES: None ABSENT: None City Manager Jeng recognized Councilmember Black for his birthday. Mayor Wilson called for a 5 minute recess at 8:51 p.m. 13 MINUTES – CITY COUNCIL MEETING Monday, May 22, 2023 Page 4 Mayor Wilson called the meeting back to order at 8:58 p.m. 13.C. CONSIDER AND APPROVE CONTRACT CHANGE ORDER WITH AC PROS TO REMOVE AND REPLACE EXISTING CEILING BOXES AS PART OF THE CITY HALL HEATING, VENTILATION, AIR CONDITIONING (HVAC) PROJECT 2023-01 Presentation by City Manager Elaine Jeng Motion by Councilmember Black, seconded by Mayor Pro Tem Mirsch to approve Contract Order Change 01 in the amount of $22,269.14. Motion carried unanimously with the following vote: AYES: Black, Dieringer, Pieper, Mirsch, Mayor Wilson NOES: None ABSENT: None Motion by Councilmember Dieringer to approve Contract Order Change 02a in the amount of $8,857.53. Motion failed for lack of a second. Motion by Councilmember Black, seconded by Councilmember Pieper to approve Contract Order Change 02b in the amount of $24,805.46. Motion carried unanimously with the following vote: AYES: Black, Dieringer, Pieper, Mirsch, Mayor Wilson NOES: None ABSENT: None 14. MATTERS FROM THE CITY COUNCIL Mayor Wilson discussed the State of the Peninsula event held by the PVP Chamber of Commerce Councilmember Dieringer reported out on California JPIA information and also requested adding a discussion item to the next agenda regarding a multi-year bid for audit services. 15. MATTERS FROM STAFF City Manager Elaine Jeng provided updates on the Middleridge Lane drainage project, Standby Generator removal project, City Hall HVAC Project and City Hall ADA Improvements. 16. RECESS TO CLOSED SESSION – 9:24 P.M. 16.A. PERSONNEL PURSUANT TO GOVERNMENT CODE SECTION (B) 54957 THE CITY COUNCIL MAY MEET IN CLOSED SESSION TO CONSIDER THE APPOINTMENT/EMPLOYMENT OF A PUBLIC EMPLOYEE. (CITY MANAGER) 17. RECONVENE TO OPEN SESSION – 10:30 P.M. 18. ADJOURNMENT: 10:30 P.M. The meeting was adjourned at 10:30 p.m on May 22, 2023. The next regular adjourned meeting of the City Council is scheduled to be held on Monday, June 12, 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. 14 MINUTES – CITY COUNCIL MEETING Monday, May 22, 2023 Page 5 Respectfully submitted, ____________________________________ Christian Horvath, City Clerk Approved, ____________________________________ Patrick Wilson, Mayor 15 Agenda Item No.: 8.D Mtg. Date: 06/12/2023 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:June 12, 2023 BACKGROUND: None. DISCUSSION: None. FISCAL IMPACT: None. RECOMMENDATION: Approve as presented. ATTACHMENTS: CL_AGN_230612_CC_PaymentOfBills-signed.pdf 16 Check Run 06/07/2023 Check No.Check Date Payee Description Amount 028174-028196 VOIDED DUE TO PRINTING ERROR 028197 6/7/2023 Alan Palermo Consulting Alan PAlermo 4/30/23-5/17/23 5,362.50 028198 6/7/2023 Bennett Landscape Landscaping Services June 2023 1,139.67 028199 6/7/2023 California JPIA Risk Property Insurance for July 2023 8,947.00 028200 6/7/2023 Cell Business Equipment CBE Sharp Multifunction Printer Purchase 10,889.77 028201 6/7/2023 Southern California News Group Dr4344-PJ0526 Crest Rd 20C RFP Notice 438.11 028202 6/7/2023 E. C. CONSTRUCTION Middleridge Ln Drain Repair/Lining 274,227.00 028203 6/7/2023 Executive Suite Services Inc.Janitorial Services MAy 2023 920.00 028204 6/7/2023 File Keepers VRC Laserfiche Annual Fee 3,282.00 028205 6/7/2023 Forum Info-Tech. Inc./Levelcloud Forum IT Services June 2023 5,182.04 028206 6/7/2023 GPA CONSULTING Cal OES Veg MGMT Grant Phase 2 3,002.50 028207 6/7/2023 Great American C&D Refund 83 CRE 1,000.00 028208 6/7/2023 Konica Minolta Business Solutions USA Inc. Konica Printer Service/Print 3/11/23-4/10/23 277.02 028208 6/7/2023 Konica Minolta Business Solutions USA Inc. Maint Cvrg 4/11/23 to 5/10/23 600.23 CHECK TOTAL 877.25 028209 6/7/2023 County of Los Angeles Animal Control Services April 2023 368.54 028210 6/7/2023 County of Los Angeles Street Maintainance April 2023 40.18 028211 6/7/2023 LA County Sheriff's Department LE Srvs Apr 2023 31,092.99 028212 6/7/2023 LEAH MIRSCH State of Peninsula-Mirsch 75.00 028213 6/7/2023 Onward Engineering Onward Engineering Middleridge Inspection Services 1,080.00 028214 6/7/2023 PVS, Inc.CCTV Lease Burg & Access Jun 23 168.00 028215 6/7/2023 Race Communications Southbay Fiber Network 1,020.00 028216 6/7/2023 Robert Half Temporary Employment Services week of 05-12-23 1,158.40 028217 6/7/2023 Texas Child Support SDU Withholding order PR ending 05/30/23 163.15 028218 6/7/2023 Unlimited Environmental Inc Stanby Generator Removal Project 50,517.20 028219 6/7/2023 Vital Records Control Vital Records Control Storage of Records 37.12 ACH-235 5/19/2023 CalPERS PERS Retirement PR Ending 05-16-23 3,094.35 ACH-236 5/19/2023 Vantagepoint Transfer Agents - 306580 Deferred Comp. Contributions PR Ending 05-16-23 1,530.34 ACH-237 5/16/2023 California Water Service Co.Water Usage 03-28-23 to 04-27-23_Rancho 531.73 ACH-238 5/16/2023 California Water Service Co.Water Usage 03-28-23 to 04-27-23_Rolling 339.58 CITY OF ROLLING HILLS AP23-028, ACH23-051 & ACH23-052 17 Check No.Check Date Payee Description Amount ACH-239 6/1/2023 Delta Dental Dental Coverage June 2023 903.73 ACH-240 5/30/2023 The Gas Company Gas Usage from 04-07-23 to 05-08-23 254.07 ACH-241 6/1/2023 Nextiva Business Phone Service June 2023 Invoice 312.34 ACH-242 5/18/2023 Pitney Bowes Postage for April 2023 2,510.77 ACH-243 5/3/2023 Southern California Edison Electricity Usage 03-23-23 to 04-20-23 Acct #8030 991.19 ACH-244 5/18/2023 Southern California Edison Electricity Usage 04-17-23 to 05-15-23 Acct #4218 352.14 ACH-245 5/26/2023 Vision Service Plan - (CA)Vision Coverage June 2023 160.65 PR LINK 6/2/2023 PR LINK - Payroll & PR Taxes PR#11 Payroll Processing Fee PR#11 05/17/2023 - 05/30/2023 56.36 PR LINK 6/2/2023 PR LINK - Payroll & PR Taxes PR#11 Pay Period - PR#11 05-17-2023 - 05-30-2023 26,843.10 Report Total 438,868.77 438,868.77$ for the payment of above items. Elaine Jeng, P.E., City Manager I, Elaine Jeng, City Manager of Rolling Hills, California certify that the above demands are accurate and there is available in the General Fund a balance of 6/8/2023 18 Agenda Item No.: 8.E Mtg. Date: 06/12/2023 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 APRIL 2023 DATE:June 12, 2023 BACKGROUND: None. DISCUSSION: None. FISCAL IMPACT: None. RECOMMENDATION: Receive and file. ATTACHMENTS: VC_REP_230518_April_YTD_TonnageReport.pdf 19 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% Apr Greenwaste 105.00 105.00 - 100.00% Trash 153.22 - 153.22 0.00% Trash - Free Residential Roll Off Bin 1.39 - 1.39 0.00% Apr Total 259.61 105.00 154.61 40.45% Grand Total 1,076.33 421.51 654.82 39.16% CITY OF ROLLING HILLS RESIDENTIAL FRANCHISE 2023 Page 1 of 2 20 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% Apr Recycle 0.15 0.05 0.10 35.94% Trash 166.55 - 166.55 0.00% Organics 0.10 0.07 0.03 69.22% Apr Total 166.80 0.12 166.68 0.07% Grand Total 367.32 0.67 366.65 0.18% CITY OF ROLLING HILLS NON-FRANCHISE 2023 Page 2 of 2 21 Agenda Item No.: 8.F Mtg. Date: 06/12/2023 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:APPROVE AN AMENDED AGREEMENT WITH MCGOWAN CONSULTING FOR SERVICES RELATING TO STORMWATER MANDATE COMPLIANCE DATE:June 12, 2023 BACKGROUND: Kathleen McGowan has consulted for the City since 2003. She has familiarity and understanding of the City’s unique character and requirements and has been effective in negotiating on the City’s behalf with Regional Board staff. McGowan Consulting, LLC (McGowan) assists City staff not only in implementing the permit requirements, but also in coordinating and leveraging efforts being implemented by other consultants and contractors so that the City’s program and annual reports are comprehensive. McGowan provides valuable and needed professional resources and depth for meeting the broad requirements of the MS4 Permit. Moreover, continuing the contract with McGowan provides other important advantages. First, McGowan is very familiar with Rolling Hills’ unique characteristics. Second, McGowan continues to provide for cost sharing and economies of scale, as work products and time are shared among local clients who have similar characteristics and compliance requirements. Finally, McGowan is well regarded and recognized as knowledgeable, practical, responsive and effective in working with the RWQCB and City staff. McGowan was instrumental in negotiating on the City’s behalf for a modification to the permit requirements that allows the City to participate with the Peninsula agencies in a Coordinated Integrated Monitoring Program (CIMP) even though the City Council chose not to participate in the Peninsula Enhanced Watershed Management Program (EWMP). This allowed the City to reduce the cost of monitoring by participating in a joint monitoring effort rather than implementing these requirements individually. McGowan was key in the LA Water Board's acceptance of the City’s deemed compliance approach, which was a unique accomplishment among municipalities in Los Angeles County. 22 Over the past three years, McGowan has coordinated with the City’s contracted hydrology and monitoring consultant, NV5, to document the retention capacity of the Sepulveda Canyon drainage system. The research shows that the net effect of Rolling Hills’ low density planning and land development standards combined with its extensive network of natural canyon drainage systems promotes stormwater retention and infiltration up to and including the runoff from the 85th%, 24-hr storm event. McGowan has used this data to prepare an addendum to the Palos Verdes Peninsula Watershed Management Program (WMP) that includes the City. Indications from the LA Water Board show they are inclined to accept the addendum and a final decision is pending. McGowan represents the City in other stormwater discussions with neighboring cities and agencies. DISCUSSION: McGowan Consulting is proposing a cost of $68,200 plus a 10% contingency of $6,820 for a not to exceed amount of $75,020 for Fiscal Year 2023-2024. This is $3,520 higher than last year's proposal due to increased costs to keep up with inflation. There is also a small increase in hours which is partly offset by a decrease in other direct costs to adjust the effort/cost where it will be needed with the City now participating in the Peninsula Watershed Management Program (WMP). McGowan's scope of services is designed to assist the C ity in implementing individual requirements under the Regional Permit including supporting the City in cooperative implementation of the WMP; planning and reporting on expenditure of the City’s Municipal Safe Clean Water funds; decision making and review of data and reporting from the Peninsula Coordinated Integrated Monitoring Program; and representing the City’s interests in negotiating with the LA Water Board. McGowan's proposal has been prepared with the assumption that the City’s participation in the WMP as an 85th%, 24-hour stormwater runoff retention area will continue to provide the City with deemed compliance with total maximum daily loads (TMDLs). However, it is the nature of regulatory-driven programs to be subject to uncertainty and unpredictable developments, and as such a ten percent contingency has been included for additional unplanned assistance to be used only when authorized by the City. FISCAL IMPACT: The cost estimate for the proposed scope of work is $68,200, including a 10% contingency fee of $6,820 to cover unforeseen events. Safe Clean Water Municipal Program Funds will cover $23,700 with the remainder programmed into the FY 2023/24 Budget. RECOMMENDATION: Approve as presented. ATTACHMENTS: CA_AGR_230612_McGowan_Amend06_D.pdf RH-MS4-ProposalLetter-FY23-24(2023-04-20).pdf RH-MS4_SOS_FY2023-24(Final).pdf MCGOWAN CONSULTING LLC, Agrmnt_ 2015-18_Signed.pdf McGowan 1stAmendment 2018-2020 SIGNED.pdf Second Amendment McGowan Agreement 4-17-19.pdf 3rd Agreement McGowan Consulting LLC Agreement 2020_07_29.pdf PSA 4th Amendment signed 06.29.2021.pdf 23 CA_AGR_220613_McGowan_Amend05_E.pdf 24 SIXTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT This Fifth Amendment to Professional Services Agreement is entered into by and between the City of Rolling Hills, a municipal corporation (“City”) and McGowan Consulting LLC (“Consultant”) upon full, written execution by both parties. RECITALS A. City and Consultant are parties to that Professional Services Agreement dated July 15, 2015 (the “Agreement”) by which City engaged Consultant for environmental consulting services pertaining to the implementation of the Municipal Separate Storm Sewer System Permit (MS4) and Total Maximum Daily Load (TMDL) implementation under the requirements of the Federal Clean Water Act. B. The Agreement has been amended by a First Amendment to the Agreement dated July 26, 2018 (the “First Amendment”), a Second Amendment to the Agreement dated April 17, 2019 (the “Second Amendment”), a Third Amendment to the Agreement dated July 29, 2020 (the “Third Amendment”), a Fourth Amendment to the Agreement dated June 29, 2021 (the “Fourth Amendment”), and a Fifth Amendment to the Agreement dated June 28, 2022 (the “Fifth Amendment”) by which City continued Consultant's engagement to perform MS4 permit consulting services. C. City and Consultant now desire to further amend the Agreement for a sixth time in order to engage Consultant to perform MS4 permit consulting services for the 2023-2024 fiscal year and to establish compensation for such services (the “Sixth Amendment”). NOW, THEREFORE, in consideration of the foregoing, the Agreement is amended as follows: A. Section 2 “SCOPE OF WORK” of the Agreement is amended to read as follows: CONSULTANT shall perform all work necessary to complete in a manner satisfactory to CITY the services set forth in the scope of work attached as Exhibit A, and incorporated herein by this reference. B. Section 3 “COST” of the Agreement is amended to read as follows: The CITY agrees to pay CONSULTANT for all the work or any part of the work performed under this Agreement at the rates and in the manner established in the attached Exhibit A. Total expenditures made under this Agreement shall not exceed the sum of $35,850 for FY 2015- 16; $39,976 for FY 2016-17; $39,468 for FY 2017-18; $46,996 for FY 2018-19; $46,992 for FY 2019-20; $70,605 for FY 2020-21; $99,095 for FY 2021-22; $71,500 (inclusive of 10% contingency fee) for FY 2022-23; and $75,020 (inclusive of 10% contingency fee) for FY 2023-2024 services in the attached Exhibit A. All such fees include automobile mileage, parking fees, routine printing and copying, photography, travel, attendance at meetings and routine miscellaneous costs incurred during the term. No increase in fees will be allowed during the life of this Fifth Amendment. Any increase in contract amount or scope shall be by express written amendment approved by the City and CONSULTANT. C. Section 9 “TERM” of the Agreement is amended to read as follows: The term of the Agreement is extended until June 30, 2024. 25 D. Except as above modified, in all other respects the Agreement as previously amended is hereby affirmed and in full force and effect. ATTEST CITY OF ROLLING HILLS __________________________________ ___________________________________ Christian Horvath, City Clerk Date ELAINE JENG Date MCGOWAN CONSULTING, LLC ___________________________________ KATHLEEN MCGOWAN Date 26 EXHIBIT A (See following page) 27 McGowan Consulting, LLC ROLLING HILLS STORMWATER CONSULTING FY2023-24 Page 1 of 10 Scope of Services – Stormwater Permit Consulting City of Rolling Hills FY2023-24 This scope of services is designed to assist the City of Rolling Hills (City) with implementation of required programs in the Regional Phase I MS4 NPDES Permit – Order No. R4-2021-0105 – NPDES Permit No. CAS004004 Waste Discharge Requirements and National Pollutant Discharge Elimination System (NPDES) Permit for Municipal Separate Storm Sewer System (MS4) Discharges within the Coastal Watersheds of Los Angeles and Ventura Counties (Regional Permit). The City is participating in the Palos Verdes Peninsula Watershed Management Group (Peninsula WMG) and this scope of services also includes the City’s in-kind contribution of effort for implementation and reporting by the Peninsula WMG as required by the Regional Permit. This scope of services is organized into tasks based on the Regional Permit program areas. Task 1 - Program Management, Individual Reporting and Regulatory Support Task 2 - Public Information and Participation Program Task 3 - Commercial Facilities Control Program [not applicable to the City] Task 4 - Planning & Land Development and Construction Programs Task 5 - Public Agency Activities Progr am Task 6 - Illicit Discharge Detection and Elimination Program Task 7 - Watershed Group Planning and Coordination Task 8 - Watershed Management Program Joint Implementation Activities Task 1 Program Management, Individual Reporting and Regulatory Support The Regional Permit affects a wide range of municipal activities and requires management and coordination of pollution prevention and implementation activities across municipal functions and among co-permittees. Task 1 is focused on stormwater program planning, coordination and reporting. Subtask 1.1 Coordination, Communication and Program Management This subtask provides an allocation of time for McGowan Consulting to conduct stormwater program planning, coordination, and regular communication with City staff on action items and pending decisions needed, regulatory and watershed developments, and for internal coordination and project management. Time is also included in this subtask for periodic meetings or calls with City staff on the status of work progress. This effort will include working with City staff to maintain a required list of applicable staff positions and contractors who should receive stormwater annual training specific to their responsibilities and in tracking that staff in these targeted positions are trained annually or within 180 days of starting employment. This task may also include time for assisting City staff in preparing staff reports to City Council to update them on progress of key stormwater program implementation topics. Subtask 1.2 Regional Permit Individual Annual Report The Regional Permit requires the City to submit an Individual Annual Report to the Los Angeles Regional Water Quality Control Board (LA Water Board) by December 15th summarizing its stormwater management program activities during the preceding fiscal year (July 1 st-June 30th), including a detailed categorization and reporting of costs and tracking of measurable achievements. EXHIBIT A 28 McGowan Consulting, LLC ROLLING HILLS STORMWATER CONSULTING FY2023-24 Page 2 of 10 This subtask covers McGowan Consulting’s preparation of the City’s Individual Annual Report following the required format and content prescribed in the Regional Permit, including activities implemented and costs incurred by stormwater program and type during the reporting year. McGowan Consulting will provide City staff a detailed list of information needed to complete the Individual Annual Report. Given receipt of the requested Individual Annual Report information in electronic format from City staff by September 15, a draft Individual Annual Report will be prepared using the updated WRAMPS online reporting tool for City staff review by November 1. A two-week turnaround for City staff review with a consolidated set of comments, and a single revision of the annual report are assumed to meet the December 15th submittal deadline. Following submittal of the report, an electronic copy of the Individual Annual Report and its supporting files will be provided for the City’s records. It is assumed that the City will continue to contract separately for monitoring of trash consistent with its approved Trash Monitoring and Reporting Program and that information will be provided to McGowan Consulting in the spreadsheet format required by the Regional Permit for inclusion in its Individual Annual Report. Subtask 1.2 Deliverables: • Draft and final Regional Permit Individual Annual Report Subtask 1.3 Permit-wide Coordination and Regulatory Suppport This subtask includes time to participate in virtual Co-Permittee meetings and conference calls to share information, resources and address challenges cooperatively amongst the Co-Permittees of the Regional Permit and for coordination with other Permittees on implementation strategies for new Regional Permit provisions, such as participation in LA Permit Group meetings, the County of Los Angeles’s WRAMPS workshops and Technical Working Group meetings. This subtask also allocates tim e for McGowan Consulting to participate in committees and attend workshops to track and review regulatory activities affecting the City’s stormwater program such as new or revisions to statewide water quality standards applicable to MS4 permits, statewide permitting policies, precedential State and Regional Water Board orders, and issuance or reconsideration of Total Maximum Daily Loads (TMDL s). McGowan Consulting time for this subtask assumes cost-sharing among three municipal clients. Task 2 Public Information and Participation Program Each Permittee is responsible for developing and implementing a Public Information and Participation Program (PIPP) that addresses specific Regional Permit and Peninsula WMP requirements. Each of the required elements of the PIPP may be met by the City either through a County-wide, watershed group, individual program approach, and/or through partnerships with State or National stormwater member agencies, or a combination of approaches. The Peninsula WMG has committed to joint development of certain elements of the PIPP which are addressed in Subtask 8.2. The City’s solid waste franchisee disseminates information to residents and businesses on proper handling of wastes such as: vehicle waste fluids, household waste materials, construction waste materials, organic waste and animal waste. City staff disseminate opportunities for participation in pollution prevention activities and events to residents and businesses via the City's Blue Newsletter. Accordingly, the City’s PIPP obligations will be met through a combination of individual City activities, outreach material developed in collaboration with the other members of the Peninsula WMG, promotion of local environmental events and 29 McGowan Consulting, LLC ROLLING HILLS STORMWATER CONSULTING FY2023-24 Page 3 of 10 workshops hosted by other organizations, as well as statewide and regional outreach and engagement efforts including those developed by the California Stormwater Quality Association (CASQA) and those implemented through the Safe Clean Water Program. The Regional Permit r equires documentation and tracking of information on the City’s PIPP activities, including the (1) date of activity; (2) method of dissemination, (3) targeted behavior; (4) targeted pollutant; (5) targeted audience; (6) culturally effective methods; (7) metric(s) for measuring effectiveness of activity, and related information necessary for measuring effectiveness. Subtask 2.1 PIPP Implementation This subtask includes an allocation of time to track the City’s PIPP activities via metrics identified in collaboration with City staff in a spreadsheet database. McGowan Consulting will work with City staff to track the metrics throughout the year for compilation in the City’s next Individual Annual Report. This task also provides an allocation of effort for McGowan Consulting to support the City as needed in its efforts to disseminate public outreach materials and encourage community engagement on stormwater and related environmental programs. This support may include reviewing and recommending changes to the City’s Environmental Programs website material and/or recommendations for information to be disseminated to the public via the City’s Blue Newsletter. It is assumed that City staff will be responsible for making as -needed recommended updates to its website content and disseminating information via its Blue Newsletter. Subtask 2.1 Deliverables: • Annual update of City’s individual PIPP activities database and metrics for tracking effectiveness Subtask 2.2 Safe Clean Water Municipal Program The Safe Clean Water (SCW) Program, also known as Measure W, provides dedicated funding to increase local water supply, improve water quality and protect public health with a key goal of supporting municipalities in meeting water quality objectives required by the Regional Permit. The City receives approximately $100,000 annually in Municipal Program Funds and has annual planning and reporting responsibilities for the expenditure of these funds as outlined in the City’s Municipal Transfer Agreement with Los Angeles County Flood Control District (LACFCD). The City’s Municipal SCW Annual Plan and Municipal SCW Annual Report on expenditures must be prepared and submitted via the SCW online reporting tool in accordance with the structure and content required by the tool. The tool is mounted on the Los Angeles County SCW Program website (SafeCleanWaterLA.org) where the plans and reports are also posted for public transparency and accountability. The City’s first 3-year independent audit of its expenditures will be due on March 31, 2024 and will also be posted to that website. This subtask provides for McGowan Consulting to assist the City by preparing the Municipal SCW Annual Report of its expenditures for FY2022-23 and the Municipal SCW Annual Plan for FY2024-25 based on a similar level of effort experienced preparing these plans and reports for the City during previous years. Authorized City staff must approve and submit the final Municipal SCW Annual Report and Annual Plan to the LACFCD via the SCW reporting tool. 30 McGowan Consulting, LLC ROLLING HILLS STORMWATER CONSULTING FY2023-24 Page 4 of 10 Municipal SCW Annual Report (due in December): McGowan Consulting will prepare a draft expenditure spreadsheet and list of information necessary to prepare the draft Municipal SCW Annual Report covering expenditures during the preceding fiscal year (FY2022-23). Within six weeks of receiving the requested information, McGowan Consulting will prepare the draft Municipal SCW Annual Report via the SCW online tool for City staff review. A consolidated set of comments from City staff, and a single revision of the report to incorporate City staff comments are assumed. Municipal SCW Annual Plan (due by April 1): McGowan Consulting will prepare a draft annual plan spreadsheet for discussion with City staff in January 2024 to identify anticipated Municipal SCW Program expenditures for the upcoming fiscal year (FY2024-25) and will then provide a list of additional information items necessary to prepare the Municipal SCW Annual Plan. Given receipt of the requested information from City Staff by February 1, McGowan Consulting will prepare a revised spreadsheet and draft Municipal SCW Annual Plan narrative via the SCW online tool for City staff review by March 1. A two-week turnaround for City staff review, with a consolidated set of City staff comments, and a single revision of the annual plan are assumed. It is assumed that City staff will be responsible for adherence to the SCW Program financial documentation and will contract separately for the independent 3-year audit as specified in the SCW Municipal Program Transfer Agreement. Subtask 2.2 Deliverables: • Draft and Final Municipal SCW Annual Plan • Draft and Final Municipal SCW Annual Report Task 4 Planning & Land Development and Development Construction Programs The Planning & Land Development and Construction Programs are both applicable to public and private development projects and there are separate and cross-cutting requirements in these programs. In addition, targeted staff positions whose duties include carrying out the Planning and Land Development and Construction programs, must be annually trained on the permit requirements and their roles and responsibilities. Subtask 4.1 Planning & Land Development Program Training & Tracking The Planning and Land Development provisions of the Regional Permit require the City to ensure that Priority Development Projects provide for permanent measures to reduce storm water pollutant loads from the development site by conditioning approval of these projects with Low Impact Development (LID) requirements. Qualifying capital improvement projects are also subject to LID requirements. This subtask provides for preparation and delivery of a training for Community Development staff on the Planning & Land Development Program requirements of the Regional Permit. This subtask also provides an allocation of time for entering Priority Development Projects subject to LID into the WRAMPS online tool for tracking and annual reporting. It is assumed that contracted Building & Safety service providers will be responsible for training their staff and will self-certify that training. 31 McGowan Consulting, LLC ROLLING HILLS STORMWATER CONSULTING FY2023-24 Page 5 of 10 Subtask 4.1 Deliverables: • Training session for Community Development staff on the Planning & Land Development requirements Subtask 4.2 Construction Program Support The City is required to implement a Construction Program to track and ensure appropriate BMPs are being implemented on construction sites within its jurisdiction. The City must also ensure that developers of construction sites larger than one acre are obtaining coverage under the Statewide Construction General Permit (CGP), have an approved LID Plan in place prior to the City’s issuance of a grading or building permit, and that these sites are inspected for effective stormwater BMPs at frequencies consistent with the Regional Permit requirements. This task includes time to track and review via the State Board’s online SMARTS system the status, documentation and reporting by construction sites disturbing one acre or more within the City. This subtask also provides for preparation and delivery of a virtually accessible training for Community Development and Public Works staff on the Construction Program requirements of the Regional Permit. This training will be distinct from the P lanning & Land Development training to provide flexibility for targeted staff to access the training at their convenience as appropriate to their job responsibilities. McGowan Consulting time for this effort assumes cost-sharing among three municipal clients. It is assumed that the City will utilize contracted or in-house practitioners that are trained and knowledgeable in CGP requirements for any municipal capital improvement projects one acre and larger consistent with the State Water Board Qualified QSD/QSP program since the training provided by McGowan Consulting is primarily focused on the Regional Permit Construction Program requirements and is not equivalent to the two- or three-day training required for practitioners of the CGP . It is also assumed that contracted Building & Safety service providers will be responsible for training their staff and will self-certify that training. Subtask 4.2 Deliverables • Virtual training for Community Development and Public Works staff on the Regional Permit Construction Program requirements Subtask 4.3 Expanded LID Support Effective site design preserves and/or creates natural landscape features that promote percolation of stormwater on-site, minimizes impermeable surfaces that create runoff, and use s permeable paving for exterior paved surfaces where feasible. Broader application of effective site design practices will distribute stormwater detention and retention capacity across more properties in the City, thereby increasing overall stormwater capture and supporting the City’s 85%, 24-hour stormwater retention compliance approach. This subtask includes an allocation of time for McGowan Consulting to assist staff in carrying out the City's expanded LID program for effective site design on new and redevelopment projects. 32 McGowan Consulting, LLC ROLLING HILLS STORMWATER CONSULTING FY2023-24 Page 6 of 10 Task 5 Public Agency Activities Program The Public Agency Activities program focuses on public works maintenance and capital improvement activities. The Regional Permit requires implementation of BMPs to minimize water quality impacts from the maintenance of public facilities, including parks, streets, storm drain infrastructure, recreational and other municipally owned or operated facilities. The City must annually train all employees in targeted positions whose interactions, jobs and activities affect stormwater quality. This training requirement also applies to contractors performing privatized/contracted municipal services such as solid waste collection or landscape maintenance. This subtask provides for McGowan Consulting to provide virtually accessible training for targeted City staff and contracted service providers. The training will include an overview of the stormwater program for context and then focus most of the training on municipal operation and maintenance activities with the potential to impact stormwater quality. McGowan Consulting time for preparation of this training module assumes cost-sharing among three municipal clients. McGowan Consulting will also assist City staff in obtaining the requisite self-certification from contractors by preparing template letters with links to the virtually accessible training for City staff to finalize and send to contractors. Task 5 Deliverables: • Virtual training for targeted public works staff and contractors • Template letters for obtaining self -certification from contractors Task 6 Illicit Discharge Detection and Elimination Program Training The Regional Permit requires the City to continue to implement its Illicit Discharge Detection and Elimination (IDDE) program to detect and identify the source of suspected illicit discharges and to implement procedures for eliminating confirmed illicit discharges. In addition, the City’s IDDE Procedures Manual must be updated once during the five-year Regional Permit term. This task provides for preparation and delivery of an interactive or virtually accessible annual training for field staff on identification and reporting of illicit discharges. McGowan Consulting time for preparation of this training module assumes cost-sharing among three municipal clients. This subtask also includes an allocation of effort for McGowan Consulting to work with City staff to review and update the IDDE Procedures Manual. McGowan Consulting will meet with City staff to discuss the City's IDDE response procedures and progressive enforcement policy, and will use the information gathered during this meeting to update the IDDE Procedures Manual and provide a draft for City staff review. It is assumed City staff will provide one set of consolidated comments and a single revision of the draft manual will be made. Once finalized, the final IDDE Procedures Manual, including all appendices, will be delivered to the City in PDF format. Task 6 Deliverable: • Virtual training on the IDDE program • Update of IDDE Procedures Manual 33 McGowan Consulting, LLC ROLLING HILLS STORMWATER CONSULTING FY2023-24 Page 7 of 10 Task 7 Watershed Group Planning and Coordination The Coordinated Integrated Watershed Management Program (CIMP) and Watershed Management Program (WMP) are being implemented cooperatively by the Peninsula WMG in accordance with the requirements of the Regional Permit. The City has been participating in CIMP implementation through a separate contracting mechanism under an MOU administered by the City of Rancho Palos Verdes in coordination with the Peninsula WMG member agencies. The WMP was revised in 2021 to newly include the City of Rolling Hills as an 85th %, 24-hr stormwater runoff retention area. The City is also participating in the Harbor Regional Monitoring Coalition MOU to meet its monitoring obligations under the Greater Los Angeles and Long Beach Harbors Toxics TMDL. The Harbor Regional Monitoring Coalition (Harbor RMC) meets quarterly to coordinate TMDL compliance monitoring and reporting in the harbors. Task 7.1 Watershed Group Planning & Coordination The Peninsula WMG meets monthly to plan and coordinate compliance monitoring and implementation activities for both the CIMP and WMP and TMDL regulatory issues. This subtask includes McGowan Consulting time for meeting preparation and attendance at twelve (12) monthly Peninsula WMG meetings, with time for this effort distributed among three Peninsula WMG municipal clients. Additional time is included for periodic coordination meetings among the Peninsula WMG consulting team members. Time for participation in quarterly Harbor RMC meetings is also included with that effort distributed between two Peninusula WMG municipal clients. Task 7.2 CIMP Implementation and Reporting Support This subtask allocates time for McGowan Consulting to provide review and comment on the draft and final Annual Monitoring Report which is prepared by the CIMP Consultant and submitted as part of the Peninsula WMG's Semi-annual Progress Report due December 15. This sub-task also provides time for McGowan Consulting to review results of sampling events and attend monthly 30-minute coordination calls with the Peninusula WMG and CIMP consulting teams to make as-needed implementation and adaptive management decisions. McGowan Consulting time for this subtask assumes cost-sharing among three municipal clients. Task 8 WMP Joint Implementation Activities The Peninsula WMG members have been undertaking certain WMP implementation tasks in a cooperative manner with effort for carrying out these tasks distributed equitably between the consultant for the City of Rancho Palos Verdes and McGowan Consulting as consultant for the Cities of Rolling Hills Estates, Palos Verdes Estates and Rolling Hills. This task provides for McGowan Consulting to perform the City’s share of the following cooperative WMP implementation subtasks. Subtask 8.1 Semi-Annual Watershed Progress Report Assistance & Review The Regional Permit newly requires the submittal of Semi-annual Watershed Progress Reports to the LA Water Board which are due on December 15 and June 15. Although the consultant for the City of Rancho Palos Verdes will lead this submittal, this is necessarily a cooperative effort and as such, McGowan Consulting will provide assistance in compiling key elements of these reports and will also provide review and comment on the draft and final Semi-annual Progress Reports. Additionally, as part of the City’s contribution to the Peninsula WMG progress reporting requirements, McGowan Consulting will provide assistance to the City in updating its progress on meeting Watershed Management Program (WMP) measures in WRAMPS on a semi-annual basis. 34 McGowan Consulting, LLC ROLLING HILLS STORMWATER CONSULTING FY2023-24 Page 8 of 10 Subtask 8.2 Joint Public Outreach Content Development & Metrics The Peninsula WMG in collaboration with the Beach Cities WMG has been developing and disseminating stormwater outreach through website content disseminated via the South Bay Cities Council of Governments (SBCCOG) website. This outreach program has been managed and facilitated by McGowan Consulting, supported by website hosting services subcontracted with the SBCCOG. This outreach program also includes the development of periodi c supplemental outreach pieces for dissemination through the participating jurisdictions’ e-news and social media channels to extend the reach of the messaging and draw traffic to the website content. The Regional Permit newly requires Permittees to track metrics on the effectiveness of their public outreach and participation efforts which will be implemented in part through collection of website metrics from the SBCCOG hosting service . The ongoing scope of this subtask includes annual revision and refreshing of webpage content on the SBCCOG website platform and collection of effectiveness metrics through tracking of website visits , e- news and social media outreach. Additionally, the effort in this subtask may include development or updating of one or more targeted public outreach pieces to address topics relevant to the stormwater management program with support by subcontracted graphic design services as needed and/or customization of statewide or regional outreach efforts such as the CASQA Rain Rea dy CA outreach campaign for the Peninsula WMG. McGowan Consulting’s level of effort and supporting contract services for this subtask are assumed to be similar to those in previous years and will continue to be offset through combined work for the Beach C ities WMG including shared subcontracting costs for website hosting and as-needed graphic design. Cost Estimate McGowan Consulting will deliver the services described in the foregoing Scope of Services for an estimated cost of $68,200 based on time and materials as detailed in the following Budget Table and FY2023-24 Rate Schedule. To provide flexibility to best meet the needs of the City in addressing the requirements of the Regional Permit, it is understood that reallocation of level -of-effort between tasks and subtasks may occur so long as the total contract amount is not exceeded. Given the nature of regulatory-driven programs which are subject to changing requirements and unpredictable developments, an additional ten percent contingency in the amount of $6,820 is also provided to be used only when authorized by the City to support additional assistance that is unplanned. Labor rates for FY2023-24 are shown in the Rate Schedule and include automobile mileage, parking fees, and routine printing and copying. Invoices will be submitted based on actual time expended by each McGowan Consulting staff member in accordance with the rate schedule. Other direct costs chargeable to the project may include subcontracted website hosting, graphic design, illustrati on, and translation services; and other direct project costs not specifically included in labor rates. 35 McGowan Consulting, LLC ROLLING HILLS STORMWATER CONSULTING FY2023-24 Page 9 of 10 Fiscal Year 2023-2024 Budget Table Stormwater Consulting Services Task Description Labor Hours Estimated Cost 1.1 Coordination, Communication and Program Management 55 $ 9,500 1.2 Regional Permit Individual Annual Report 55 $ 9,500 1.3 Permit-wide Coordination and Regulatory Support 16 $ 2,700 2.1 Public Information & Participation Program Implementation + 24 $ 3,900 2.2 Safe Clean Water Municipal Program + 50 $ 8,600 4.1 Planning & Land Development Program Training & Tracking 16 $ 2,800 4.2 Construction Program Support 15 $ 2,600 4.3 Expanded LID Support + 28 $ 5,000 5 Public Agency Activities Program 16 $ 2,700 6 Illicit Discharge Detection and Elimination Program Support 44 $ 7,500 7.1 Watershed Group Planning & Coordination 28 $ 4,800 7.2 CIMP Implementation and Reporting Support 14 $ 2,400 8.1 Semi-annual Watershed Progress Report Assist. & Review + 16 $ 2,700 8.2 Joint Public Outreach Content Development & Metrics + 12 $2,000 Other Direct Costs - Includes subcontracted website hosting by SBCCOG and graphic design services for outreach materials + $ 1,500 Total Estimated Costs $ 68,200 Contingency @ 10% $ 6,820 + indicates costs planned to be covered by the SCW Municipal Program Fund 36 McGowan Consulting, LLC ROLLING HILLS STORMWATER CONSULTING FY2023-24 Page 10 of 10 McGowan Consulting, LLC Labor Rates - Contract Year 2023-241 Professional Staff Rates Principal $183 per hour Sr. Scientist $152 per hour Staff Scientist $66 per hour Expenses Labor rates include automobile mileage within greater Los Angeles and Orange County area, parking, routine printing and copying Other direct costs chargeable to the project include: graphic layout and illustration, webpage design and hosting, translation services, report reproduction and binding, courier services, blueprint services, graphics services, project-specific publications, and any other direct project costs not included in the labor rates. 1 Labor rates to be adjusted annually based on increases in the Consumer Price Index for the Los Angeles area as calculated by the U.S. Department of Labor Bureau of Labor Statistics 37 MCGOWAN CONSULTING, LLC 412 Olive Avenue, #189, Huntington Beach, CA 92648 310-213-4979 Kathleen@McGowan.Consulting April 20, 2023 Elaine Jeng, City Manager John Signo, Director of Planning & Community Services City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, CA 90274 RE: PROPOSAL FOR MS4 PERMIT CONSULTING FY2023-24 Dear Ms. Jeng and Mr. Signo: McGowan Consulting is pleased to provide the enclosed scope of services and cost estimate to assist the City of Rolling Hills (City) in implementing the requirements of the Regional Municipal Stormwater Permit (Regional Permit) during fiscal year 2023-2024. As you are aware, we specialize in providing customized stormwater quality and watershed protection consulting services to municipal clients and have an in - depth understanding of the City’s character, opportunities and constraints. The LA Water Board acceptance of the City’s deemed compliance approach is a unique accomplishment among the municipalities in Los Angeles County; we are gratified to have assisted the City in achieving that approval. This scope of services is designed to assist the City in implementing its individual requirements under the Regional Permit including supporting the City in cooperative implementation of the Peninsula Watershed Management Program (WMP), planning and reporting on expenditure of the City’s Municipal Safe Clean Water funds, decision making and review of data and reporting from the Peninsula Coordinated Integrated Monitoring Program, and representing the City’s interests to the LA Water Board. This proposal has been prepared with the assumption that the City’s participation in the WMP as an 85th%, 24-hour stormwater runoff retention area will continue to provide the City with deemed compliance with TMDLs. However, it is the nature of regulatory-driven programs to be subject to uncertainty and unpredictable developments, and as such a ten percent contingency has been included for additional unplanned assistance to be used only when authorized by the City. Please contact me if you have any questions or require additional information. Thank you for the opportunity to continue to work with you and your colleagues in serving the City of Rolling Hills. Sincerely, Kathleen C. McGowan, P.E., Principal McGowan Consulting, LLC Attachment: Scope of Services and Cost Estimate 38 McGowan Consulting, LLC ROLLING HILLS STORMWATER CONSULTING FY2023-24 Page 1 of 10 Scope of Services – Stormwater Permit Consulting City of Rolling Hills FY2023-24 This scope of services is designed to assist the City of Rolling Hills (City) with implementation of required programs in the Regional Phase I MS4 NPDES Permit – Order No. R4-2021-0105 – NPDES Permit No. CAS004004 Waste Discharge Requirements and National Pollutant Discharge Elimination System (NPDES) Permit for Municipal Separate Storm Sewer System (MS4) Discharges within the Coastal Watersheds of Los Angeles and Ventura Counties (Regional Permit). The City is participating in the Palos Verdes Peninsula Watershed Management Group (Peninsula WMG) and this scope of services also includes the City’s in-kind contribution of effort for implementation and reporting by the Peninsula WMG as required by the Regional Permit. This scope of services is organized into tasks based on the Regional Permit program areas. Task 1 - Program Management, Individual Reporting and Regulatory Support Task 2 - Public Information and Participation Program Task 3 - Commercial Facilities Control Program [not applicable to the City] Task 4 - Planning & Land Development and Construction Programs Task 5 - Public Agency Activities Progr am Task 6 - Illicit Discharge Detection and Elimination Program Task 7 - Watershed Group Planning and Coordination Task 8 - Watershed Management Program Joint Implementation Activities Task 1 Program Management, Individual Reporting and Regulatory Support The Regional Permit affects a wide range of municipal activities and requires management and coordination of pollution prevention and implementation activities across municipal functions and among co-permittees. Task 1 is focused on stormwater program planning, coordination and reporting. Subtask 1.1 Coordination, Communication and Program Management This subtask provides an allocation of time for McGowan Consulting to conduct stormwater program planning, coordination, and regular communication with City staff on action items and pending decisions needed, regulatory and watershed developments, and for internal coordination and project management. Time is also included in this subtask for periodic meetings or calls with City staff on the status of work progress. This effort will include working with City staff to maintain a required list of applicable staff positions and contractors who should receive stormwater annual training specific to their responsibilities and in tracking that staff in these targeted positions are trained annually or within 180 days of starting employment. This task may also include time for assisting City staff in preparing staff reports to City Council to update them on progress of key stormwater program implementation topics. Subtask 1.2 Regional Permit Individual Annual Report The Regional Permit requires the City to submit an Individual Annual Report to the Los Angeles Regional Water Quality Control Board (LA Water Board) by December 15th summarizing its stormwater management program activities during the preceding fiscal year (July 1 st-June 30th), including a detailed categorization and reporting of costs and tracking of measurable achievements. 39 McGowan Consulting, LLC ROLLING HILLS STORMWATER CONSULTING FY2023-24 Page 2 of 10 This subtask covers McGowan Consulting’s preparation of the City’s Individual Annual Report following the required format and content prescribed in the Regional Permit, including activities implemented and costs incurred by stormwater program and type during the reporting year. McGowan Consulting will provide City staff a detailed list of information needed to complete the Individual Annual Report. Given receipt of the requested Individual Annual Report information in electronic format from City staff by September 15, a draft Individual Annual Report will be prepared using the updated WRAMPS online reporting tool for City staff review by November 1. A two-week turnaround for City staff review with a consolidated set of comments, and a single revision of the annual report are assumed to meet the December 15th submittal deadline. Following submittal of the report, an electronic copy of the Individual Annual Report and its supporting files will be provided for the City’s records. It is assumed that the City will continue to contract separately for monitoring of trash consistent with its approved Trash Monitoring and Reporting Program and that information will be provided to McGowan Consulting in the spreadsheet format required by the Regional Permit for inclusion in its Individual Annual Report. Subtask 1.2 Deliverables: • Draft and final Regional Permit Individual Annual Report Subtask 1.3 Permit-wide Coordination and Regulatory Suppport This subtask includes time to participate in virtual Co-Permittee meetings and conference calls to share information, resources and address challenges cooperatively amongst the Co-Permittees of the Regional Permit and for coordination with other Permittees on implementation strategies for new Regional Permit provisions, such as participation in LA Permit Group meetings, the County of Los Angeles’s WRAMPS workshops and Technical Working Group meetings. This subtask also allocates tim e for McGowan Consulting to participate in committees and attend workshops to track and review regulatory activities affecting the City’s stormwater program such as new or revisions to statewide water quality standards applicable to MS4 permits, statewide permitting policies, precedential State and Regional Water Board orders, and issuance or reconsideration of Total Maximum Daily Loads (TMDL s). McGowan Consulting time for this subtask assumes cost-sharing among three municipal clients. Task 2 Public Information and Participation Program Each Permittee is responsible for developing and implementing a Public Information and Participation Program (PIPP) that addresses specific Regional Permit and Peninsula WMP requirements. Each of the required elements of the PIPP may be met by the City either through a County-wide, watershed group, individual program approach, and/or through partnerships with State or National stormwater member agencies, or a combination of approaches. The Peninsula WMG has committed to joint development of certain elements of the PIPP which are addressed in Subtask 8.2. The City’s solid waste franchisee disseminates information to residents and businesses on proper handling of wastes such as: vehicle waste fluids, household waste materials, construction waste materials, organic waste and animal waste. City staff disseminate opportunities for participation in pollution prevention activities and events to residents and businesses via the City's Blue Newsletter. Accordingly, the City’s PIPP obligations will be met through a combination of individual City activities, outreach material developed in collaboration with the other members of the Peninsula WMG, promotion of local environmental events and 40 McGowan Consulting, LLC ROLLING HILLS STORMWATER CONSULTING FY2023-24 Page 3 of 10 workshops hosted by other organizations, as well as statewide and regional outreach and engagement efforts including those developed by the California Stormwater Quality Association (CASQA) and those implemented through the Safe Clean Water Program. The Regional Permit r equires documentation and tracking of information on the City’s PIPP activities, including the (1) date of activity; (2) method of dissemination, (3) targeted behavior; (4) targeted pollutant; (5) targeted audience; (6) culturally effective methods; (7) metric(s) for measuring effectiveness of activity, and related information necessary for measuring effectiveness. Subtask 2.1 PIPP Implementation This subtask includes an allocation of time to track the City’s PIPP activities via metrics identified in collaboration with City staff in a spreadsheet database. McGowan Consulting will work with City staff to track the metrics throughout the year for compilation in the City’s next Individual Annual Report. This task also provides an allocation of effort for McGowan Consulting to support the City as needed in its efforts to disseminate public outreach materials and encourage community engagement on stormwater and related environmental programs. This support may include reviewing and recommending changes to the City’s Environmental Programs website material and/or recommendations for information to be disseminated to the public via the City’s Blue Newsletter. It is assumed that City staff will be responsible for making as -needed recommended updates to its website content and disseminating information via its Blue Newsletter. Subtask 2.1 Deliverables: • Annual update of City’s individual PIPP activities database and metrics for tracking effectiveness Subtask 2.2 Safe Clean Water Municipal Program The Safe Clean Water (SCW) Program, also known as Measure W, provides dedicated funding to increase local water supply, improve water quality and protect public health with a key goal of supporting municipalities in meeting water quality objectives required by the Regional Permit. The City receives approximately $100,000 annually in Municipal Program Funds and has annual planning and reporting responsibilities for the expenditure of these funds as outlined in the City’s Municipal Transfer Agreement with Los Angeles County Flood Control District (LACFCD). The City’s Municipal SCW Annual Plan and Municipal SCW Annual Report on expenditures must be prepared and submitted via the SCW online reporting tool in accordance with the structure and content required by the tool. The tool is mounted on the Los Angeles County SCW Program website (SafeCleanWaterLA.org) where the plans and reports are also posted for public transparency and accountability. The City’s first 3-year independent audit of its expenditures will be due on March 31, 2024 and will also be posted to that website. This subtask provides for McGowan Consulting to assist the City by preparing the Municipal SCW Annual Report of its expenditures for FY2022-23 and the Municipal SCW Annual Plan for FY2024-25 based on a similar level of effort experienced preparing these plans and reports for the City during previous years. Authorized City staff must approve and submit the final Municipal SCW Annual Report and Annual Plan to the LACFCD via the SCW reporting tool. 41 McGowan Consulting, LLC ROLLING HILLS STORMWATER CONSULTING FY2023-24 Page 4 of 10 Municipal SCW Annual Report (due in December): McGowan Consulting will prepare a draft expenditure spreadsheet and list of information necessary to prepare the draft Municipal SCW Annual Report covering expenditures during the preceding fiscal year (FY2022-23). Within six weeks of receiving the requested information, McGowan Consulting will prepare the draft Municipal SCW Annual Report via the SCW online tool for City staff review. A consolidated set of comments from City staff, and a single revision of the report to incorporate City staff comments are assumed. Municipal SCW Annual Plan (due by April 1): McGowan Consulting will prepare a draft annual plan spreadsheet for discussion with City staff in January 2024 to identify anticipated Municipal SCW Program expenditures for the upcoming fiscal year (FY2024-25) and will then provide a list of additional information items necessary to prepare the Municipal SCW Annual Plan. Given receipt of the requested information from City Staff by February 1, McGowan Consulting will prepare a revised spreadsheet and draft Municipal SCW Annual Plan narrative via the SCW online tool for City staff review by March 1. A two-week turnaround for City staff review, with a consolidated set of City staff comments, and a single revision of the annual plan are assumed. It is assumed that City staff will be responsible for adherence to the SCW Program financial documentation and will contract separately for the independent 3-year audit as specified in the SCW Municipal Program Transfer Agreement. Subtask 2.2 Deliverables: • Draft and Final Municipal SCW Annual Plan • Draft and Final Municipal SCW Annual Report Task 4 Planning & Land Development and Development Construction Programs The Planning & Land Development and Construction Programs are both applicable to public and private development projects and there are separate and cross-cutting requirements in these programs. In addition, targeted staff positions whose duties include carrying out the Planning and Land Development and Construction programs, must be annually trained on the permit requirements and their roles and responsibilities. Subtask 4.1 Planning & Land Development Program Training & Tracking The Planning and Land Development provisions of the Regional Permit require the City to ensure that Priority Development Projects provide for permanent measures to reduce storm water pollutant loads from the development site by conditioning approval of these projects with Low Impact Development (LID) requirements. Qualifying capital improvement projects are also subject to LID requirements. This subtask provides for preparation and delivery of a training for Community Development staff on the Planning & Land Development Program requirements of the Regional Permit. This subtask also provides an allocation of time for entering Priority Development Projects subject to LID into the WRAMPS online tool for tracking and annual reporting. It is assumed that contracted Building & Safety service providers will be responsible for training their staff and will self-certify that training. 42 McGowan Consulting, LLC ROLLING HILLS STORMWATER CONSULTING FY2023-24 Page 5 of 10 Subtask 4.1 Deliverables: • Training session for Community Development staff on the Planning & Land Development requirements Subtask 4.2 Construction Program Support The City is required to implement a Construction Program to track and ensure appropriate BMPs are being implemented on construction sites within its jurisdiction. The City must also ensure that developers of construction sites larger than one acre are obtaining coverage under the Statewide Construction General Permit (CGP), have an approved LID Plan in place prior to the City’s issuance of a grading or building permit, and that these sites are inspected for effective stormwater BMPs at frequencies consistent with the Regional Permit requirements. This task includes time to track and review via the State Board’s online SMARTS system the status, documentation and reporting by construction sites disturbing one acre or more within the City. This subtask also provides for preparation and delivery of a virtually accessible training for Community Development and Public Works staff on the Construction Program requirements of the Regional Permit. This training will be distinct from the P lanning & Land Development training to provide flexibility for targeted staff to access the training at their convenience as appropriate to their job responsibilities. McGowan Consulting time for this effort assumes cost-sharing among three municipal clients. It is assumed that the City will utilize contracted or in-house practitioners that are trained and knowledgeable in CGP requirements for any municipal capital improvement projects one acre and larger consistent with the State Water Board Qualified QSD/QSP program since the training provided by McGowan Consulting is primarily focused on the Regional Permit Construction Program requirements and is not equivalent to the two- or three-day training required for practitioners of the CGP . It is also assumed that contracted Building & Safety service providers will be responsible for training their staff and will self-certify that training. Subtask 4.2 Deliverables • Virtual training for Community Development and Public Works staff on the Regional Permit Construction Program requirements Subtask 4.3 Expanded LID Support Effective site design preserves and/or creates natural landscape features that promote percolation of stormwater on-site, minimizes impermeable surfaces that create runoff, and use s permeable paving for exterior paved surfaces where feasible. Broader application of effective site design practices will distribute stormwater detention and retention capacity across more properties in the City, thereby increasing overall stormwater capture and supporting the City’s 85%, 24-hour stormwater retention compliance approach. This subtask includes an allocation of time for McGowan Consulting to assist staff in carrying out the City's expanded LID program for effective site design on new and redevelopment projects. 43 McGowan Consulting, LLC ROLLING HILLS STORMWATER CONSULTING FY2023-24 Page 6 of 10 Task 5 Public Agency Activities Program The Public Agency Activities program focuses on public works maintenance and capital improvement activities. The Regional Permit requires implementation of BMPs to minimize water quality impacts from the maintenance of public facilities, including parks, streets, storm drain infrastructure, recreational and other municipally owned or operated facilities. The City must annually train all employees in targeted positions whose interactions, jobs and activities affect stormwater quality. This training requirement also applies to contractors performing privatized/contracted municipal services such as solid waste collection or landscape maintenance. This subtask provides for McGowan Consulting to provide virtually accessible training for targeted City staff and contracted service providers. The training will include an overview of the stormwater program for context and then focus most of the training on municipal operation and maintenance activities with the potential to impact stormwater quality. McGowan Consulting time for preparation of this training module assumes cost-sharing among three municipal clients. McGowan Consulting will also assist City staff in obtaining the requisite self-certification from contractors by preparing template letters with links to the virtually accessible training for City staff to finalize and send to contractors. Task 5 Deliverables: • Virtual training for targeted public works staff and contractors • Template letters for obtaining self -certification from contractors Task 6 Illicit Discharge Detection and Elimination Program Training The Regional Permit requires the City to continue to implement its Illicit Discharge Detection and Elimination (IDDE) program to detect and identify the source of suspected illicit discharges and to implement procedures for eliminating confirmed illicit discharges. In addition, the City’s IDDE Procedures Manual must be updated once during the five-year Regional Permit term. This task provides for preparation and delivery of an interactive or virtually accessible annual training for field staff on identification and reporting of illicit discharges. McGowan Consulting time for preparation of this training module assumes cost-sharing among three municipal clients. This subtask also includes an allocation of effort for McGowan Consulting to work with City staff to review and update the IDDE Procedures Manual. McGowan Consulting will meet with City staff to discuss the City's IDDE response procedures and progressive enforcement policy, and will use the information gathered during this meeting to update the IDDE Procedures Manual and provide a draft for City staff review. It is assumed City staff will provide one set of consolidated comments and a single revision of the draft manual will be made. Once finalized, the final IDDE Procedures Manual, including all appendices, will be delivered to the City in PDF format. Task 6 Deliverable: • Virtual training on the IDDE program • Update of IDDE Procedures Manual 44 McGowan Consulting, LLC ROLLING HILLS STORMWATER CONSULTING FY2023-24 Page 7 of 10 Task 7 Watershed Group Planning and Coordination The Coordinated Integrated Watershed Management Program (CIMP) and Watershed Management Program (WMP) are being implemented cooperatively by the Peninsula WMG in accordance with the requirements of the Regional Permit. The City has been participating in CIMP implementation through a separate contracting mechanism under an MOU administered by the City of Rancho Palos Verdes in coordination with the Peninsula WMG member agencies. The WMP was revised in 2021 to newly include the City of Rolling Hills as an 85th %, 24-hr stormwater runoff retention area. The City is also participating in the Harbor Regional Monitoring Coalition MOU to meet its monitoring obligations under the Greater Los Angeles and Long Beach Harbors Toxics TMDL. The Harbor Regional Monitoring Coalition (Harbor RMC) meets quarterly to coordinate TMDL compliance monitoring and reporting in the harbors. Task 7.1 Watershed Group Planning & Coordination The Peninsula WMG meets monthly to plan and coordinate compliance monitoring and implementation activities for both the CIMP and WMP and TMDL regulatory issues. This subtask includes McGowan Consulting time for meeting preparation and attendance at twelve (12) monthly Peninsula WMG meetings, with time for this effort distributed among three Peninsula WMG municipal clients. Additional time is included for periodic coordination meetings among the Peninsula WMG consulting team members. Time for participation in quarterly Harbor RMC meetings is also included with that effort distributed between two Peninusula WMG municipal clients. Task 7.2 CIMP Implementation and Reporting Support This subtask allocates time for McGowan Consulting to provide review and comment on the draft and final Annual Monitoring Report which is prepared by the CIMP Consultant and submitted as part of the Peninsula WMG's Semi-annual Progress Report due December 15. This sub-task also provides time for McGowan Consulting to review results of sampling events and attend monthly 30-minute coordination calls with the Peninusula WMG and CIMP consulting teams to make as-needed implementation and adaptive management decisions. McGowan Consulting time for this subtask assumes cost-sharing among three municipal clients. Task 8 WMP Joint Implementation Activities The Peninsula WMG members have been undertaking certain WMP implementation tasks in a cooperative manner with effort for carrying out these tasks distributed equitably between the consultant for the City of Rancho Palos Verdes and McGowan Consulting as consultant for the Cities of Rolling Hills Estates, Palos Verdes Estates and Rolling Hills. This task provides for McGowan Consulting to perform the City’s share of the following cooperative WMP implementation subtasks. Subtask 8.1 Semi-Annual Watershed Progress Report Assistance & Review The Regional Permit newly requires the submittal of Semi-annual Watershed Progress Reports to the LA Water Board which are due on December 15 and June 15. Although the consultant for the City of Rancho Palos Verdes will lead this submittal, this is necessarily a cooperative effort and as such, McGowan Consulting will provide assistance in compiling key elements of these reports and will also provide review and comment on the draft and final Semi-annual Progress Reports. Additionally, as part of the City’s contribution to the Peninsula WMG progress reporting requirements, McGowan Consulting will provide assistance to the City in updating its progress on meeting Watershed Management Program (WMP) measures in WRAMPS on a semi-annual basis. 45 McGowan Consulting, LLC ROLLING HILLS STORMWATER CONSULTING FY2023-24 Page 8 of 10 Subtask 8.2 Joint Public Outreach Content Development & Metrics The Peninsula WMG in collaboration with the Beach Cities WMG has been developing and disseminating stormwater outreach through website content disseminated via the South Bay Cities Council of Governments (SBCCOG) website. This outreach program has been managed and facilitated by McGowan Consulting, supported by website hosting services subcontracted with the SBCCOG. This outreach program also includes the development of periodi c supplemental outreach pieces for dissemination through the participating jurisdictions’ e-news and social media channels to extend the reach of the messaging and draw traffic to the website content. The Regional Permit newly requires Permittees to track metrics on the effectiveness of their public outreach and participation efforts which will be implemented in part through collection of website metrics from the SBCCOG hosting service . The ongoing scope of this subtask includes annual revision and refreshing of webpage content on the SBCCOG website platform and collection of effectiveness metrics through tracking of website visits , e- news and social media outreach. Additionally, the effort in this subtask may include development or updating of one or more targeted public outreach pieces to address topics relevant to the stormwater management program with support by subcontracted graphic design services as needed and/or customization of statewide or regional outreach efforts such as the CASQA Rain Rea dy CA outreach campaign for the Peninsula WMG. McGowan Consulting’s level of effort and supporting contract services for this subtask are assumed to be similar to those in previous years and will continue to be offset through combined work for the Beach C ities WMG including shared subcontracting costs for website hosting and as-needed graphic design. Cost Estimate McGowan Consulting will deliver the services described in the foregoing Scope of Services for an estimated cost of $68,200 based on time and materials as detailed in the following Budget Table and FY2023-24 Rate Schedule. To provide flexibility to best meet the needs of the City in addressing the requirements of the Regional Permit, it is understood that reallocation of level -of-effort between tasks and subtasks may occur so long as the total contract amount is not exceeded. Given the nature of regulatory-driven programs which are subject to changing requirements and unpredictable developments, an additional ten percent contingency in the amount of $6,820 is also provided to be used only when authorized by the City to support additional assistance that is unplanned. Labor rates for FY2023-24 are shown in the Rate Schedule and include automobile mileage, parking fees, and routine printing and copying. Invoices will be submitted based on actual time expended by each McGowan Consulting staff member in accordance with the rate schedule. Other direct costs chargeable to the project may include subcontracted website hosting, graphic design, illustrati on, and translation services; and other direct project costs not specifically included in labor rates. 46 McGowan Consulting, LLC ROLLING HILLS STORMWATER CONSULTING FY2023-24 Page 9 of 10 Fiscal Year 2023-2024 Budget Table Stormwater Consulting Services Task Description Labor Hours Estimated Cost 1.1 Coordination, Communication and Program Management 55 $ 9,500 1.2 Regional Permit Individual Annual Report 55 $ 9,500 1.3 Permit-wide Coordination and Regulatory Support 16 $ 2,700 2.1 Public Information & Participation Program Implementation + 24 $ 3,900 2.2 Safe Clean Water Municipal Program + 50 $ 8,600 4.1 Planning & Land Development Program Training & Tracking 16 $ 2,800 4.2 Construction Program Support 15 $ 2,600 4.3 Expanded LID Support + 28 $ 5,000 5 Public Agency Activities Program 16 $ 2,700 6 Illicit Discharge Detection and Elimination Program Support 44 $ 7,500 7.1 Watershed Group Planning & Coordination 28 $ 4,800 7.2 CIMP Implementation and Reporting Support 14 $ 2,400 8.1 Semi-annual Watershed Progress Report Assist. & Review + 16 $ 2,700 8.2 Joint Public Outreach Content Development & Metrics + 12 $2,000 Other Direct Costs - Includes subcontracted website hosting by SBCCOG and graphic design services for outreach materials + $ 1,500 Total Estimated Costs $ 68,200 Contingency @ 10% $ 6,820 + indicates costs planned to be covered by the SCW Municipal Program Fund 47 McGowan Consulting, LLC ROLLING HILLS STORMWATER CONSULTING FY2023-24 Page 10 of 10 McGowan Consulting, LLC Labor Rates - Contract Year 2023-241 Professional Staff Rates Principal $183 per hour Sr. Scientist $152 per hour Staff Scientist $66 per hour Expenses Labor rates include automobile mileage within greater Los Angeles and Orange County area, parking, routine printing and copying Other direct costs chargeable to the project include: graphic layout and illustration, webpage design and hosting, translation services, report reproduction and binding, courier services, blueprint services, graphics services, project-specific publications, and any other direct project costs not included in the labor rates. 1 Labor rates to be adjusted annually based on increases in the Consumer Price Index for the Los Angeles area as calculated by the U.S. Department of Labor Bureau of Labor Statistics 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 Scope of Services – Stormwater Permit Consulting City of Rolling Hills FY2022-23 This scope of services is designed to assist the City of Rolling Hills with implementation of required programs in the Regional Phase I MS4 NPDES Permit – Order No. R4-2021-0105 – NPDES Permit No. CAS004004 Waste Discharge Requirements and National Pollutant Discharge Elimination System (NPDES) Permit for Municipal Separate Storm Sewer System (MS4) Discharges within the Coastal Watersheds of Los Angeles and Ventura Counties (Regional Permit). The City has notified the Los Angeles Regional Water Quality Control Board (LA Water Board) of its intent to to participate in the Palos Verdes Peninsula Watershed Management Program and has submitted a required addendum to the Watershed Management Program and responded to LA Water Board comments. This proposal has been prepared with the assumption that the City’s participation as an 85th%, 24-hour stormwater runoff retention area will be approved and become effective for reporting year 2022-2023 (FY2022-23). This scope of services is organized into tasks based on the Regional Permit program areas. Task 1 - Program Management, Individual Reporting and Regulatory Support Task 2 - Public Information and Participation Program Task 3 - Commercial Facilities Control Program [not applicable to the City] Task 4 - Planning & Land Development and Construction Programs Task 5 - Public Agency Activities Program Task 6 - Illicit Discharge Detection and Elimination Program Task 7 - Watershed Planning and CIMP and TMDL Implementation Task 1 Program Management, Individual Reporting and Regulatory Support The Regional Permit affects a wide range of municipal activities and requires management and coordination of pollution prevention and implementation activities across municipal functions and among co-permittees. Task 1 is focused on stormwater program planning, coordination and reporting. Subtask 1.1 Coordination, Communication and Project Management This subtask provides an allocation of time for McGowan Consulting to conduct stormwater program planning, coordination, and regular communication with City staff on action items and pending decisions needed, regulatory and watershed developments, and for internal coordination and project management. Time is also included in this subtask for periodic meetings or calls with City staff on the status of work progress. This effort will include working with City staff to create and maintain a required list of applicable staff positions and contractors who should receive stormwater annual training specific to their responsibilities and in tracking that new staff in these targeted positions are trained within 180 days of starting employment. This task also allocates time for assisting City staff in preparing staff reports to City Council to update them on progress of key stormwater program implementation topics , and attending City Council meetings when needed. Subtask 1.2 Regional Permit Individual Annual Report The Regional Permit requires the City to submit an Individual Annual Report to the Los Angeles Regional Water Quality Control Board (LA Water Board) by December 15th summarizing its stormwater management program activities during the preceding fiscal year (July 1st-June 30th). The Regional Permit EXHIBIT A 112 McGowan Consulting, LLC ROLLING HILLS STORMWATER CONSULTING FY2022-23 Page 2 of 11 introduced a new reporting format with more detailed categorization and reporting of costs and tracking of measurable achievements; FY2022-23 will be the first time using the new format which is being deployed via the Los Angeles County-wide Watershed Reporting Adaptive Management & Planning System (WRAMPS) online reporting tool (https://wramps2.org/app/). Additionally, as part of the City’s contribution to the new Palos Verdes Peninsula Watershed Management Group (Peninsula WMG) progress reporting requirements, the City will need to update its progress on meeting Watershed Management Program (WMP) measures in WRAMPS on a semi-annual basis. This subtask covers McGowan Consulting’s preparation of the City’s Individual Annual Report following the required format and content prescribed in the Regional Permit covering activities implemented and costs incurred by stormwater program and type during the reporting year. The City’s Individual Annual Report also supports the preparation of the Semi-Annual Watershed Report which is also due on December 15. BMcGowan Consulting will provide City staff a detailed list of information needed to complete the Individual Annual Report. Given receipt of the requested Individual Annual Report information in electronic format from City staff by September 15, a draft Individual Annual Report will be prepared using the updated WRAMPS online reporting tool for City staff review by November 1. A two-week turnaround for City staff review with a consolidated set of comments, and a single revision of the annual report are assumed to meet the December 15th submittal deadline. Following submittal of the report, an electronic copy of the Individual Annual Report and its supporting files will be provided for the City’s records. Time is also allocated in this subtask to upload the City’s semi -annual progress reporting information into WRAMPS for submittal to the watershed lead. It is assumed that the City will continue to contract separately for monitoring of trash consistent with its approved Trash Monitoring and Reporting Program and that information will be provided to McGowan Consulting in spreadsheet format required by the Regional Permit for inclusion in its Individual Annual Report. Subtask 1.2 Deliverables: • Draft and final Regional Permit Individual Annual Report Subtask 1.3 Permit-wide Coordination and Regulatory Suppport This subtask includes time to participate in virtual Co-Permittee meetings and conference calls to share information, resources and address challenges cooperatively amongst the Co-Permittees of the Regional Permit and for coordination with other Permittees on implementation strategies for new Regional Permit provisions, such as participation in LA Permit Group meetings, the County of Los Angeles’s WRAMPS workshops and Technical Working Group meetings. This subtask also allocates time for McGowan Consulting to track and review regulatory actions affecting the City’s stormwater program such as new or revisions to statewide water quality standards applicable to MS4 permits, statewide permitting policies, precedential State and Regional Water Board orders, and issuance or reconsideration of Total Maximum Daily Loads (TMDLs). McGowan Consulting’s effort for this subtask has been reduced based on the assumption that actual time will be be distributed among several municipal clients. 113 McGowan Consulting, LLC ROLLING HILLS STORMWATER CONSULTING FY2022-23 Page 3 of 11 Task 2 Public Information and Participation Program Each Permittee is responsible for developing and implementing a Public Information and Participation Program (PIPP) that addresses specific Regional Permit and Peninsula WMP requirements. Each of the required elements of the PIPP may be met by the City either through a County-wide, watershed group, individual program approach, and/or through partnerships with State or National stormwater member agencies, or a combination of approaches. The Palos Verdes Peninsula Watershed Management Group (Peninsula WMG) has committed to joint development of certain elements of the PIPP which are addressed in Subtask 8.2. The City’s solid waste franchisee disseminates information to residents and businesses on proper handling of wastes such as: vehicle waste fluids, household waste materials, construction waste materials, organic waste and animal waste. City staff disseminate opportunities for participation in pollution prevention activities and events to residents and businesses via e-news and Blue Newsletter. Accordingly, the City’s PIPP obligations will be met through a combination of individual City activities, outreach material developed in collaboration with the other members of the Peninsula WMG, promotion of local environmental events and workshops hosted by other organizations, as well as County-wide outreach and engagement efforts including those implemented through the Safe Clean Water Program. The Regional Permit requires documentation and tracking of information on the City’s PIPP activities, including the (1) date of activity; (2) method of dissemination, (3) targeted behavior; (4) targeted pollutant; (5) targeted audience; (6) culturally effective methods; (7) metric(s) for measuring effectiveness of activity, and related information necessary for measuring effectiveness. Subtask 2.1 PIPP Implementation This subtask includes an allocation of time to track the City’s PIPP activities via metrics identified in collaboration with City staff in a spreadsheet database to be updated annually. This scope of work includes a meeting with City staff at the beginning of the fiscal year to discuss the anticipated PIPP activities and associated metrics to be tracked during the year and to gather information o n the metrics tracked during the preceding year. McGowan Consulting will update the spreadsheet database following this meeting and will work with City staff to track the metrics throughout the year for compilation in the City’s next Individual Annual Report. This task also provides an allocation of effort for McGowan Consulting to support the City as needed in its efforts to disseminate public outreach materials and encourage community engagement on stormwater and related environmental programs. This support may include reviewing and recommending changes to the Environmental Programs website material and/or recommendations for information to be disseminated to the public via the City’s Blue Newsletter. It is assumed that City staff will be responsible for making as-needed recommended updates to its website content. Subtask 2.1 Deliverables: • Annual update of City’s individual PIPP activities database and metrics for tracking effectiveness Subtask 2.2 Safe Clean Water Municipal Program The Safe Clean Water (SCW) Program, also known as Measure W, provides dedicated funding to increase local water supply, improve water quality and protect public health with a key goal of supporting 114 McGowan Consulting, LLC ROLLING HILLS STORMWATER CONSULTING FY2022-23 Page 4 of 11 municipalities in implementing new efforts to meet Regional Permit water quality objectives. The City receives approximately $100,000 annually in Municipal Program Funds and accordingly has annual planning and reporting responsibilities for the expenditure of these funds as outlined in the City’s Municipal Transfer Agreement with Los Angeles County Flood Control District (LACFCD). The Municipal SCW Annual Plan and the Municipal SCW Annual Progress/Expenditure Report must be prepared and submitted via the SCW online reporting tool following the structure and detail ed content required by the tool. The tool is mounted on the Los Angeles County Safe Clean Water Program website (SafeCleanWaterLA.org) where the plans and reports are also posted for public transparency and accountability. This subtask provides for McGowan Consulting to assist the City by preparing the Municipal SCW Annual Progress/Expenditure Report for FY2021-22 and the Municipal SCW Annual Plan for FY2023-24 using the SCW online reporting tool based on a similar level of effort experienced preparing these plans and reports for the City during FY2021-22. Authorized City staff must approve and submit the final Municipal SCW Annual Progress/Expenditure Report and Annual Plan to the LACFCD via the SCW reporting tool. Municipal SCW Annual Progress/Expenditure Report (due in December): McGowan Consulting will prepare a list of information necessary to prepare the draft Municipal SCW Annual Progress/Expenditure Report covering the preceding fiscal year (FY2021 -22). Within six weeks of receiving the requested information, McGowan Consulting will prepare the draft Municipal SCW Annual Progress/Expenditure Report for City staff review. A consolidated set of comments from City staff, and a single revision of the report to incorporate City staff comments are assumed. Municipal SCW Annual Plan (due by April 1): McGowan Consulting will meet with City staff in January to identify anticipated Municipal SCW Program expenditures for the upcoming fiscal year (FY2023-24) and then will provide a list of additional information items necessary to prepare the Municipal SCW Annual Plan. Given receipt of the requested information from City Staff by February 1st, McGowan Consulting will prepare a draft Municipal SCW Annual Plan for City staff review by March 1st. A two-week turnaround for City staff review, with a consolidated set of City staff comments, and a single revision of the annual plan are assumed. It is assumed that City staff will be responsible for adherence to the SCW Program financial documentation and audit requirements, compliance with revenue transfer agreement requirements, operation in accordance with best practices and strict accountability for funds, receipts and disbursements as delineated in the SCW Progra m Municipal Program Transfer Agreement. Subtask 2.2 Deliverables: • Draft and Final Municipal SCW Annual Plan • Draft and Final Municipal SCW Annual Progress/Expenditure Report Task 4 Planning & Land Development and Development Construction Programs The Planning & Land Development and Construction Programs are both applicable to public and private development projects and there are separate and cross-cutting requirements in these programs. 115 McGowan Consulting, LLC ROLLING HILLS STORMWATER CONSULTING FY2022-23 Page 5 of 11 Subtask 4.1 Planning & Land Development Program Training & Tracking The Planning and Land Development provisions of the Regional Permit require the City to ensure that Priority Development Projects provide for permanent measures to reduce storm water pollutant loads from the development site by conditioning approval of these projects with Low Impact Development (LID) requirements. Qualifying capital improvement projects are also subject to LID requirements. This subtask provides for preparation and delivery of a virtually accessible training on the Planning & Land Development Program requirements of the Regional Permit consistent with the City’s implementation policies and procedures. This subtask also provides an allocation of time for entering Priority Development Projects subjected to LID into the WRAMPS online tool for tracking and annual reporting. Subtask 4.1 Deliverables: • Virtual training session for Community Development, Management and contract staff on the Planning & Land Development requirements Subtask 4.2 Construction Program Training The City is required to implement a Construction Program to track and ensure appropriate BMPs are being implemented on construction sites within its jurisdiction. The City must also ensure that developers of construction sites larger than one acre are obtaining coverage under the Statewide Construction General Permit (CGP), have an approved LID Plan in place prior to the City’s issuance of a grading or building permit, and that these sites are inspected for effective stormwater BMPs at frequencies consistent with the Regional Permit requirements. This subtask provides for preparation and delivery of a virtually accessible training on the Construction Program requirements of the Regional Permit. This training will be distinct from the Planning & Land Development training module to provide flexibility for targeted City and contract staff to access the training at their convenience as appropriate to their job responsibilities. This task also includes time to track and review reporting via the State Board’s online SMARTS system by construction sites disturbing one acre or more within the City. It is assumed that the City will utilize contracted or in-house practitioners that are trained and knowledgeable in CGP requirements for any municipal capital improvement projects one acre and larger consistent with the State Water Board Qualified QSD/QSP program since the training provided by McGowan Consulting is primarily focused on the Regional Permit Construction Program requirements and is not equivalent to the two- or three-day training required for practitioners of the CGP. Subtask 4.2 Deliverables • Virtual training session for Community Development, Management and contract staff on the Regional Permit Construction Program requirements Subtask 4.3 Expanded LID Support McGowan Consulting understands the City intends to establish a program of expanded low impact development for new and redevelopment projects through effective site design requirement s. Broader 116 McGowan Consulting, LLC ROLLING HILLS STORMWATER CONSULTING FY2022-23 Page 6 of 11 application of effective site design practices to development projects will distribute stormwater detention and retention across more properties in the City thereby increasing overall stormwater capture in the City and supporting the City’s 85%, 24-hour stormwater retention compliance approach. Effective site design preserves and/or creates natural landscape features that promote percolation of stormwater on-site, minimizes impermeable surfaces that create runoff, and uses permeable paving for exterior paved surfaces where feasible. Effective site design practices are no more complex than what is normally undertaken by architects and landscape designers for a typical new or redevelopment project and therefore can be applied to most new and redevel opment projects during planning and design, regardless of whether they trigger the numeric performance requirements of Priority Development Projects as defined in the Regional Permit. This subtask provides an allocation of time for McGowan Consulting to assist City staff in developing guidelines and outreach materials for implementation of the program. Task 5 Public Agency Activities Program The Public Agency Activities program focuses on public works maintenance and capital improvement activities. The Regional Permit requires implementation of BMPs to minimize water quality impacts from the maintenance of public facilities, including parks, streets, storm drain infrastructure, recreational and other municipally owned or operated facilities. The City is required to maintain an updated electronic inventory or database of all public facilities that are potential sources of pollutants in stormwater runoff; incorporation of facility information into GIS is recommended but not required by the Regional Permit. The inventory must also identify potential for stormwater pollutant generation activities at each facility and the BMPs that are implemented to address them. The City’s facility inventory was previously developed in spreadsheet format in 2016, and the Regional Permit newly requires the addition of Permittee-maintained roads and catch basins to the inventory. McGowan Consulting will meet with management staff to verify the accuracy of the City’s public facility inventory and to identify significant modificat ions or other changes that have occurred since 2016 that require reassessment of specific facilities and/or revision of the inventory. This subtask includes time for McGowan Consulting to conduct site visits/assessments at up to three (3) municipal facilities selected by City staff to assess significantly revised conditions for purposes of updating the facility inventory. It is assumed that City staff will contract separately for conversion of some or all of the facility inventory to GIS if City staff determines it is appropriate. The City must annually train all employees in targeted positions whose interactions, jobs, 6ctiveities affect stormwater quality. This training requirement also applies to contractors performing privatized/contracted municipal services such as solid waste collection or landscape maintenance. This subtask provides for McGowan Consulting to prepare and provide virtually accessible training for targeted City staff and contracted service providers. The training will provide an overview of the permit requirements for context and then focus most of the training on municipal operation and maintenance activities with the potential to impact stormwater quality. The Regional Permit further specifies that contractors hired by the City to conduct public works activities that may affect stormwater quality be contractually required to implement and maintain BMPs for t he 117 McGowan Consulting, LLC ROLLING HILLS STORMWATER CONSULTING FY2022-23 Page 7 of 11 work they are conducting. This subtask includes an allocation of time for McGowan Consulting to prepare template language for insertion in public works contracts. Task 5 Deliverables: • Up to three (3) public facility site visits/assessments with recommendationed revisions to the facility inventory • Virtual training session for targeted public works staff and contractors • Template language for insertion in public works contracts Task 6 Illicit Discharge Detection and Elimination Program Training The Regional Permit requires the City to continue to implement its Illicit Discharge Detection and Elimination (IDDE) program to detect and identify the source of suspected illicit discharges and to implement procedures for eliminating confirmed illicit discharges. This task provides for preparation and delivery of an interactive or virtually accessible required annual training for field staff on the identification and reporting of illicit discharges. Although the City’s IDDE procedures manual must be updated once during the five-year Regional Permit term, it is assumed that such an effort will be deferred to a later year within the permit term in favor of updating the Public Facility Inventory in FY2022-23 as described in Task 5 a to allow balancing of the City’s annual stormwater costs. Task 6 Deliverable: • Virtual training session on the IDDE program with anonymous online quiz to assess effectiveness of the training Task 7 Watershed Group Planning and Coordination The Coordinated Integrated Watershed Management Program (CIMP) and Watershed Management Program (WMP) are being implemented cooperatively by the Peninsula WMG in accordance with the requirements of the Regional Permit. The City has been participating in CIMP implementation through a separate contracting mechanism under an MOU administered by the City of Rancho Palos Verdes in coordination with the Peninsula WMG member agencies. The WMP was revised in 2021 to newly include the City of Rolling Hills as an 85th %, 24-hr stormwater runoff retention area and to update the WMP based on monitoring data collected and stormwater capture projects implemented over the past five years. The Peninsula WMG is currently responding to comments from the LA Water Board on the revised WMP and making further revisions as necessary. The City is also participating in the Harbor Regional Monitoring Coalition MOU to meet its monitoring obligations under the Greater Los Angeles and Long Beach Harbors Toxics TMDL. The Harbor Regional Monitoring Coalition (Harbor RMC) meets quarterly to coordinate TMDL compliance monitoring and reporting in the harbors. Task 7.1 Watershed Group Planning & Coordination The Peninsula WMG meets monthly to plan and coordinate compliance monitoring and implementation activities for both the CIMP and WMP and TMDL regulatory issues. This subtask includes McGowan Consulting time for meeting preparation and attendance at twelve (12) Peninsula WMG meetings, with time for this effort distributed among three Peninsula municipal clients. Additional time is included for 118 McGowan Consulting, LLC ROLLING HILLS STORMWATER CONSULTING FY2022-23 Page 8 of 11 periodic coordination meetings among the Peninsula WMG consulting team members. Time for participation in quarterly Harbor RMC meetings is also included with that effort distributed between two Peninusula municipal clients. Task 7.2 CIMP Review & Support During FY2022-23 the Peninsula CIMP must be revised to align with the Regional Permit monitoring and reporting requirements and to make adaptive management changes planned for the benefit of the Peninsula WMG agencies. This subtask allocates time for McGowan Consulting to provide review and comment on the draft and final revisions of the CIMP prior to submittal to the LA Water Board for review. This subtask also allocates time for McGowan Consulting to provide review and comment on the draft and final annual Integrated Monitoring Compliance Report to be prepared by the CIMP Consultant. Lastly, this task provides time for McGowan Consulting to review results of sampling events and attend monthly 30-minute coordination calls with the Peninusula WMG and CIMP consulting teams to make as- needed implementation and adaptive management decisions. McGowan Consulting time for this subtask has been reduced based on the assumption that it will be be distributed among three municipal clients. Task 8 WMP Joint Implementation Activities The Peninsula WMG members have been undertaking certain WMP implementation tasks in a cooperative manner with effort for carrying out these tasks distributed equitably between the consultant for the City of Rancho Palos Verdes and McGowan Consulting as consultant for the City of Rolling Hills Estates, Palos Verdes Estates and Rolling Hills. This task provides for McGowan Consulting to perform the City’s share of the following cooperative WMP implementation subtasks. Subtask 8.1 Semi-Annual Watershed Progress Report Assistance & Review The Regional Permit newly requires the submittal of semi -annual Watershed Progress Reports to the LA Water Board which are due on December 15 and June 15. Although the consultant for the City of Rancho Palos Verdes will lead this submittal, this is necessarily a cooperative effort and as such, McGowan Consulting will provide assistance in compiling key elements of these reports and will also provide review and comment on the draft and final semi-annual progress reports. Subtask 8.2 Joint Public Outreach Content Development & Metrics The Peninsula WMG in collaboration with the Beach Cities WMG has been developing and disseminating stormwater outreach website content to the local community via the South Bay Cities Council of Governments (SBCCOG) website. This outreach program has been managed and facilitated by McGowan Consulting, supported by website hosting services subcontracted with the SBCCOG. This outreach program also includes the development of periodic supplemental outreach pieces for dissemination through the participating jurisdictions’ e-news and social media channels to extend the reach of the messaging and draw traffic to the website content. The ongoing scope of this subtask is anticipated to include annual revision and refreshing of webpage content on the SBCCOG website platform. The Regional Permit newly requires Permittees to track metrics on the effectiveness of their public outreach and participation efforts which will be implemented in part through collection of website metrics from the SBCCOG hosting service . Additionally, the effort in this subtask may include development of one or more targeted public outreach pieces to address topics relevant to the stormwater management program with support by subcontracted graphic design 119 McGowan Consulting, LLC ROLLING HILLS STORMWATER CONSULTING FY2022-23 Page 9 of 11 services as needed. McGowan Consulting’s level of effort and supporting contract services for this subtask are assumed to be similar to those in previous years and will continue to be offset through combined work for the Beach Cities WMG including shared subcontracting costs for website hosting and as-needed graphic design. Cost Estimate McGowan Consulting will deliver the services described in the foregoing Scope of Services for an estimated cost of $65,000 based on time and materials as detailed in the following Budget Table and FY2022-23 Rate Schedule. To provide flexibility to best meet the needs of the City in addressing the requirements of the Regional Permit, it is understood that reallocation of level-of-effort between tasks and subtasks may occur so long as the total contract amount is not exceeded. Given the nature of regulatory-driven programs which are subject to changing requirements and unpredictable developments, an additional ten percent contingency in the amount of $6,500 is also recommended to be used only when authorized by the City to support additional assistance that is unplanned. Labor rates for FY2022-23 are shown in the Rate Schedule and include automobile mileage, parking fees, and routine printing and copying. Invoices will be submitted based on actual time expended by each McGowan Consulting staff member in accordance with the rate schedule. Other direct costs chargeable to the project may include subcontracted website hosting, graphic design, illustration, and translation services; and other direct project costs not specifically included in labor rates. 120 McGowan Consulting, LLC ROLLING HILLS STORMWATER CONSULTING FY2022-23 Page 10 of 11 Fiscal Year 2022-2023 Budget Table Stormwater Consulting Services Task Description Labor Hours Estimated Cost 1.1 Coordination, Communication and Program Management 50 $ 8,500 1.2 Regional Permit Individual Annual Report 50 $ 8,400 1.3 Permit-wide Coordination and Regulatory Support 18 $ 2,900 2.1 Public Information & Participation Program Implementation 24 $ 3,600 2.2 Safe Clean Water Municipal Program + 50 $ 8,400 4.1 Planning & Land Development Program Training & Tracking 22 $ 3,600 4.2 Construction Program Training 20 $ 3,300 4.3 Expanded LID Support + 32 $ 5,300 5 Public Agency Activities Program 40 $ 6,600 6 Illicit Discharge Detection and Elimination Training 12 $ 1,800 7.1 Watershed Group Planning & Coordination 24 $ 4,000 7.2 CIMP Review and Support 15 $ 2,500 8.1 Semi-annual Watershed Progress Report Assistance & Review 12 $ 2,000 8.2 Joint Public Outreach Content Development & Metrics 14 $2,100 Other Direct Costs - Includes subcontracted website hosting by SBCCOG and graphic design services for outreach materials $ 2,000 Total Estimated Costs $ 65,000 Contingency @ 10% $ 6,500 + indicates costs planned to be covered by the SCW Municipal Program Funds 121 McGowan Consulting, LLC ROLLING HILLS STORMWATER CONSULTING FY2022-23 Page 11 of 11 McGowan Consulting, LLC Labor Rates - Contract Year 2022-231 Professional Staff Rates Principal $175 per hour Sr. Scientist $145 per hour Staff Scientist $63 per hour Expenses Labor rates include automobile mileage within greater Los Angeles and Orange County area, parking, routine printing and copying Other direct costs chargeable to the project include: graphic layout and illustration, webpage design and hosting, translation services, re port reproduction and binding, courier services, blueprint services, graphics services, project -specific publications, and any other direct project costs not included in the labor rates. 1 Labor rates to be adjusted annually based on increases in the Consumer Price Index for the Los Angeles area as calculated by the U.S. Department of Labor Bureau of Labor Statistics 122 Agenda Item No.: 8.G Mtg. Date: 06/12/2023 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:ROBERT SAMARIO, FINANCE DIRECTOR THRU:ELAINE JENG P.E., CITY MANAGER SUBJECT:APPROVE THE THIRD AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH LSL, LLC TO PROVIDE FINANCIAL AUDIT SERVICES FOR THE FISCAL YEAR ENDING JUNE 30, 2023 FOR AN AMOUNT NOT-TO-EXCEED $31,400. DATE:June 12, 2023 BACKGROUND: After issuing a request for proposals (RFP) for audit services in March 2023, no responses were received. The lack of responses was due to CPA firms either too busy or an unwillingness to bid based on the previous amount paid for audit services. In the latter cases, CPA firms' personnel costs have been increasing and they did not feel they could submit a competitive bid based on the fees of $18,500 paid last year. Given the time constraints and the need to secure audit services, staff reached out to a few firms, including the existing firm, LSL, to see if they would be willing to re-submit a proposal based on a market-based approach. Two firms responded - LSL and Vasquez & Company. Vasquez' proposal was $42,525 even with the audit commencing off-season. LSL's proposed fees of $31,400, which were discounted by 10% for starting in November 2023. Note that the $31,400 includes fees of $5,590 for a Single Audit, if needed. Since the City has not received any federal grants exceeding the threshold for a Single Audit, the actual fees will be $25,810, approximately $7,310 higher than the most recent audit fees paid of $18,500. DISCUSSION: The impetus for going through an RFP process was the fact that LSL has been providing audit services to the City for the last seven years. In general, it is considered a best practice to change audit firms after 5 years to avoid auditor complacency and to periodically have a "fresh pair of eyes" looking at City processes and financial records. However, agencies can mitigate these valid concerns by rotating audit staff. In this case, both the partner and audit manager are no longer working at LSL and, thus, a new partner and manager will be assigned to the City of Rolling Hill's audit. In addition, the third amendment is just for one year and staff will go through an RFP early next year. 123 For next fiscal year, staff recommends issuing an RFP in December and take do some initial leg work to encourage firms to submit a proposal. Issuing an RFP prior to December risks having these received during the busiest time of the year for audit firms specializing in local government. FISCAL IMPACT: The cost of the contract for fiscal year ending June 30, 2023 will be $7,310 higher than last year (or $25,810), which will require a corresponding increase to the budget. RECOMMENDATION: Approve as presented. ATTACHMENTS: CA_AGR_230612_LSL_PSA_Amendment_03_LSL.pdf 124 THIRD AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT THIS SECOND AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT (“Second Amendment”) is made and entered into this 12th day of September, 2023, by and between the CITY OF ROLLING HILLS, a California municipal corporation (hereinafter the “CITY”), and LANCE, SOLL & LUNGHARD, LLP CERTIFIED PUBLIC ACCOUNTANTS .(hereinafter the “CONTRACTOR”). CITY and CONTRACTOR are sometimes referred to in this First Amendment individually as a “Party” and collectively as the “Parties.” RECITALS A. CITY and CONTRACTOR have entered into that certain Professional Services Agreement for Professional Independent Audit services dated on June 27, 2016 (the “Agreement”). B. The Parties first amended the Agreement for CONTRACTOR to provide Professional Independent Audit services for an additional year to cover the 2021 fiscal year (“First Amendment”). B. The Parties executed a second amendment to the Agreement for Contractor to provide Professional Independent Audit services for an additional year to cover the 2022 fiscal year (“Second Amendment”). C. The Parties now desire to amend the Agreement again in order to extend the term so that CONTRACTOR can provide Professional Independent Audit services to the City to cover the 2023 fiscal year (“Third Amendment”). Now, therefore, for and in consideration of the mutual covenants and conditions herein contained, CITY and CONTRACTOR agree the following terms, as set forth in this Second Amendment. 1. CONTRACTOR shall provide the Professional Independent Audit services for the 2023 fiscal year as outlined and for the price stated in Exhibit A to this Third Amendment. 2. Except as amended by the First Amendment, Second Amendment, or this Third Amendment, all provisions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the date and year first written above. 125 CITY OF ROLLING HILLS LANCE, SOLL & LUNGHARD, LLP. __________________________ __________________________ ELAINE JENG, City Manager Brandon Young CPA, Partner ATTEST: __________________________ CITY CLERK APPROVED AS TO FORM: __________________________ PATRICK DONEGAN CITY ATTORNEY 126 Agenda Item No.: 8.H Mtg. Date: 06/12/2023 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:RECEIVE AND FILE A REPORT FROM THE MAY 23, 2023 SOLID WASTE AND RECYCLING COMMITTEE DATE:June 12, 2023 BACKGROUND: On July 1, 2020, the City entered into an Amended and Restated Agreement (Agreement) with Republic Services for residential solid waste management services for the collection, transportation, recycling, composting and disposal of solid waste, including recyclable materials, green waste, bulky items, and brush. The City Council obtained the services of HF&H Consultants, LLC (HF&H), to assist with preparing the Agreement, which ends on June 30, 2029. Republic Services provides services to the City all weekdays, except for Wednesday. Section 5.8 of the Agreement requires all collected solid waste other than green waste and brush to be delivered to a material recovery facility for mixed waste processing. This allows residents to put all solid waste into one container which is sorted at Republic Services' facilities. Solid waste is collected using scooter vehicles which drive up private driveways to the service yard. Workers hand lift solid waste from containers onto the scooter vehicle, which then returns to a much larger mother truck to consolidate the waste. The waste is then brought to a consolidated volume transfer (CVT) processing facility to be sorted and transported. On February 28, 2022, Republic Services sent the City a letter indicating its CVT processing facility in Anaheim, which in part serves the City of Rolling Hills, was significantly damaged due to fire on February 22, 2022. Republic Services indicated this was a "force majeure" event pursuant to Section 27.1 of the Agreement which affected their ability to perform processing of the City's residential recyclables and organic materials under the terms of the Agreement. Republic Services began diverting the City's collected materials to other facilities on a temporary basis until the damaged facility could be rebuilt or other permanent solutions could be considered. On April 24, 2023, staff met with representatives from Republic Services about mixed use processing services to the City. The representatives indicated there is no timeline as to when the damaged building would be repaired which negatively affects their ability to serve the City. 127 Further, the scooter service offered to the single-family homes in Rolling Hills is unique and not offered anywhere else in the area. In the past, CalRecycle was able to offer credits for waste transformation but those credits are no longer available as of January 1, 2023. On May 8, 202 3, the City Council discussed an item regarding mixed use processing and referred the matter to the Solid Waste & Recycling Committee. On May 23, 2023, the Solid Waste & Recycling Committee met and discussed the matter with Republic Services. The Committee expressed appreciation for Republic Services and indicated it did not want service to change. The Committee disagreed with the force majeure interpretation made by Republic Services because the Agreement refers to natural disasters. Republic Services is meeting the State requirement and the terms of the Agreement; however, they are concerned about being out of compliance in the future if they do not meet the 30 percent diversion requirement described in the Agreement. The State's recycling requirement is being met because green waste is accepted as recycling material if turned into mulch or compost, and the City generates a high volume of green waste. The Committee agreed to continue the item to June 13, 2023 at 4 p.m. to give Republic Services time to discuss the matter with its management. DISCUSSION: Subsequent to the May 23, 2023 meeting, Republic Services informed staff that they will be getting a new general manager and requested the June 13, 2023 Solid Waste & Recycling Committee meeting be postponed. The meeting will be rescheduled to June 27, 2023. Devin Kincaid is Republic Services' new general manager and will be starting the week of June 11, 2023. A new operations supervisor, Felipe Vazquez, has been assigned to Rolling Hills and will be responsible for daily waste service operations. FISCAL IMPACT: None. RECOMMENDATION: Receive and file. ATTACHMENTS: CL_AGN_230612_CC_Email_DBenton_230605.pdf CL_AGN_230612_CC_Email_DBenton_230510.pdf CL_AGN_220328_UnforseenCircumstances_CVTFire.pdf 128 1 John Signo From:Benton, Dawn <DHarris@republicservices.com> Sent:Monday, June 5, 2023 3:15 PM To:John Signo Cc:Christian Horvath Subject:RE: June 13 Solid Waste & Recycling Committee External (dharris@republicservices.com) Report This Email FAQ Protection by INKY Hi John – Might we be able to push the meeting out another week or so? I am getting a brand‐new General Manager who starts the week of June 11 and will need to get him up to speed on this situation. Please advise? Thank you. Dawn From: John Signo <jsigno@cityofrh.net> Sent: Monday, June 5, 2023 1:19 PM To: Benton, Dawn <DHarris@republicservices.com> Cc: Christian Horvath <chorvath@cityofrh.net> Subject: June 13 Solid Waste & Recycling Committee Dawn, If you have anything for the 6/13 meeting we will need it by 3 p. m. tomorrow to get it included in the agenda. Thanks, John F. Signo, AICP Director of Planning and Community Services City of Rolling Hills 2 Portuguese Bend Road, Rolling ZjQcmQRYFpfptBannerStart This Message Is From an External Sender This message came from outside your organization. Report Suspicious ZjQcmQRYFpfptBannerEnd Dawn, If you have anything for the 6/13 meeting we will need it by 3 p.m. tomorrow to get it included in the agenda. Thanks, John F. Signo, AICP Director of Planning and Community Services City of Rolling Hills 2 Portuguese Bend Road, Rolling Hills CA 90274 310.377.1521 jsigno@cityofrh.net 129 1 John Signo From:Benton, Dawn <DHarris@republicservices.com> Sent:Wednesday, May 10, 2023 5:33 PM To:John Signo Cc:Griffin, Tonya Subject:RE: Solid Waste/Recycling Committee Meeting Hello John, Just returning from PTO today and watched this week’s Council Meeting on YouTube. Here are some notes to assist with the discussion at the upcoming May 23rd Committee meeting.  It is true that although our CVT facility is slowly being rebuilt, we have not been given a “back in service date”. Additionally, we are simply unsure whether we will have the ability to process waste for recycling (mixed waste processing) as this practice is outdated and is required in only one other City that we service. (*mwp requirements are being reviewed there as well)  In Rolling Hills, the consultant (HFH) recommended the 30% diversion requirement at the time of the 2019-2020 agreement negotiations. Although we attempted a reduction at the time to 10 or 20%, the consultant persisted, and the city agreed to keep it at 30% stating that it would ensure that CalRecycle targets would be met.  2022 average diversion was 35%, without mixed waste processing, but did include transformation.  2023 Q1 diversion is 39.75% without mixed waste processing and without transformation. Looks like the requirement is already being met without mixed waste processing or transformation so far this year.  For Rolling Hills to meet the State’s 50% recycling requirement, CalRecycle set the maximum allowable lbs. of trash per person per year at 16.7. The city is currently at 9lbs per person, which means that the City of Rolling Hills exceeds the state recycling requirement by 23%. This is fantastic news which supports the city being able to meet requirements without use of mwp or transformation. Also demonstrates that the city can meet state requirements without the use of a consultant and without the existing diversion requirement. Please call me at any time to discuss or share any questions that you may have. Thanks, Dawn From: John Signo <jsigno@cityofrh.net> Sent: Tuesday, May 9, 2023 3:37 PM 130 2 To: Griffin, Tonya <TGriffin@republicservices.com>; Benton, Dawn <DHarris@republicservices.com> Subject: Solid Waste/Recycling Committee Meeting Hi Tonya and Dawn, Last night, City Council referred the solid waste services issue to the Solid Waste/Recycling CommiƩee. The CommiƩee’s next meeƟng is Tuesday, May 23, 2023, at 4 p. m. here at City Hall. Please mark your calendars ZjQcmQRYFpfptBannerStart This Message Is From an External Sender This message came from outside your organization. Report Suspicious ZjQcmQRYFpfptBannerEnd Hi Tonya and Dawn, Last night, City Council referred the solid waste services issue to the Solid Waste/Recycling Commi Ʃee. The CommiƩee’s next meeƟng is Tuesday, May 23, 2023, at 4 p.m. here at City Hall. Please mark your calendars and plan on aƩending. I will have the agenda to you prior to the meeƟng. Thanks, John F. Signo, AICP Director of Planning and Community Services City of Rolling Hills 2 Portuguese Bend Road, Rolling Hills, CA 90274 310.377.1521 jsigno@cityofrh.net 131 132 133 Agenda Item No.: 8.I Mtg. Date: 06/12/2023 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:ALAN PALERMO, PROJECT MANAGER THRU:ELAINE JENG P.E., CITY MANAGER SUBJECT:RECEIVE AND FILE AN UPDATE ON TENNIS COURTS ADA IMPROVEMENT PROJECT DATE:June 12, 2023 BACKGROUND: In August 2017, the City of Rolling Hills commissioned Bolton Engineering to prepare grading and related plans and documents for the Tennis Courts ADA (Americans with Disability Act) Improvement Project. Bolton Engineering completed the plans and submitted the plans for plan check with Los Angeles County Building and Safety (LACBS). Bolton Engineering was in the process of responding to LACBS review comments when the project was placed on hold. The project was put on hold when the City Council engaged the services of an engineering firm to design the proposed 8" sewer line project. The 8" sewer line also triggered the Rolling Hills Community Association (RHCA) to revise the plans to their amenities project for the tennis courts including eliminating the septic tank serving the courts. The construction cost to construct the 8" sewer line escalated from the initial estimate and prompted the City Council to place a hold on the utility project. In light the City Council's action, staff resumed work on the Tennis Courts ADA Improvement project. At the May 10, 2021 meeting, the City Council approved amendment 1 to Bolton Engineering contract to continue with plan check. Coordinating with the RHCA on the amenities project at the tennis courts, Bolton Engineering updated the project plans and resubmitted to LACBS on December 15, 2022. LACBS provided plan check comments on March 3, 2023. Upon review of the comments a meeting was arranged between the city staff, RHCA staff, and Bolton Engineering to coordinate the multiple projects planned for the tennis courts. After six years of little progress on the project, city staff informed the group (city staff, RHCA staff, and Bolton Engineering) that the plans to the Tennis Court ADA Improvement Project will proceed with improvements needed for ADA compliance only. The other components that require coordination with the RHCA's amenities project will be eliminated from the city's improvement plans. At the May 10, 2023 meeting, the City Council supported another amended agreement with Bolton Engineering to revise the plans accordingly. 134 This approach prompted standing coordination meetings with the RHCA. As a result of these coordination meetings, the RHCA made significant progress with the development of the amenities project. A new architect was hired and the improvement plans included details to the mechanical, electrical, and plumbing components of the project that were crucial to coordinating with the city's ADA improvements. At the coordination meeting in May 2023, the city's Tennis Courts ADA Improvement Project would incorporate the grading and retaining wall to support the RHCA's amenities project. This addition to the city's improvement plans was determined based on the sequence of construction and to facilitate workflow between contractors commissioned by the city and the RHCA. DISCUSSION: The last coordination meeting was held on June 6, 2023. The RHCA will engage design consultant to update previously prepared plans for landscaping, irrigation and lighting improvements at the tennis courts. These improvements will be presented to the City Council for discussion in the coming months. In 2017 when the city decided bring the tennis courts into compliance with ADA, these improvements were not included in that decision. The next steps in the process include the review of the city's improvement plans by the RHCA Architectural Committee on June 13, 2023. City and RHCA staff anticipate approval by the committee. The remaining outstanding review comment by LACBS is provide approval of the improvement plans from Planning Department and the RHCA. Bolton Engineering plans to resubmit for a final round of plan check on June 16, 2023. Staff anticipates that the Tennis Courts Improvement Project will be ready to advertise for construction bids in July 2023. FISCAL IMPACT: In previous years, the City Council received construction estimates for the project and listed $300,000 in past Capital Improvement Plans in adopted budgets. However, in the adopted budget for Fiscal Year 2022-2023, the City Council did not allocate funds for the project. In the proposed budget for Fiscal Year 2023-2024, the Finance/Audit/Budget Committee of the City Council did not recommend allocating budget to the project. The Fiscal Year 2023-2024 proposed budget is on the June 12, 2023 City Council agenda for discussion. RECOMMENDATION: Receive and File ATTACHMENTS: 135 Agenda Item No.: 8.J Mtg. Date: 06/12/2023 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:RECEIVE AND FILE A STATUS TO AMEND THE WIRELESS COMMUNICATION FACILITIES ORDINANCE DATE:June 12, 2023 BACKGROUND: Late last year and the beginning of this year, staff received 16 applications from Infinigy, representing T-Mobile, to modify existing wireless communications facilities. The applications were reviewed by RHCA and granted agreements for excavation of easements. Subsequently, the City approved 14 of the applications in March and one in April. There is one outstanding application that is on hold by the applicant because the facility needs to be relocated. DISCUSSION: The recent influx of wireless applications has prompted the City to review its Wireless Ordinance to make sure it is up-to-date with developments in wireless technology law. Rolling Hills Municipal Code (RHMC) Section 17.27.040 was last revised in 2004 and is in need of an updated. Staff and the City Attorney's office have met and drafted an ordinance to address changes in wireless technology law. The draft ordinance is being revised and a new wireless application is being prepared to serve the needs of applicants and protect the interests of the City. The draft ordinance is expected to be reviewed by the Planning Commission in July before it is sent to the City Council for consideration. FISCAL IMPACT: None. RECOMMENDATION: Receive and file. ATTACHMENTS: PL_WCF_230607_Infinity_CaseLog.pdf 136 Permit Date Site Address/Loc ation Zoning Case # Project Type Project Name Applicant Name Project Description Main Status 3/6/2023 18 Eastfield Dr. 23-038 Wireless Communication Facility TMobile Wireless Nicolas Faure Minor Modification to wireless facility. LA8004BA_41LAB LA36XC519 Approved Administratively 1/31/2023 85 Saddleback Road 23-016 Wireless Communication Facility TMobile Wireless Nicolas Faure Minor Modification to wireless facility. LA8005BA_31LAB LA36XC581 Pending 1/27/2023 11 Caballeros Road 23-015 Wireless Communication Facility TMobile Wireless Nicolas Faure Minor Modification to wireless facility. LA8005BA_21LAB LA36XC579 Approved Administratively 1/27/2023 2 Crest Road E 23-014 Wireless Communication Facility TMobile Wireless Nicolas Faure Minor Modification to wireless facility. LA8005BA_41LAB LA36XC589 Approved Administratively 1/27/2023 38 Crest Road East 23-013 Wireless Communication Facility TMobile Wireless Nicolas Faure Minor Modification to wireless facility. LA8006BA_41LAB LA36XC215 Approved Administratively 1/27/2023 15 Upper Blackwater Canyon Road 23-012 Wireless Communication Facility TMobile Wireless Nicolas Faure Minor Modification to wireless facility. LA8006BA_61LAB LA36XC580 Approved Administratively 1/27/2023 9 Portuguese Bend Road 23-011 Wireless Communication Facility TMobile Wireless Nicolas Faure Minor Modification to wireless facility. LA8012BA_21LAB LA36XC543 Approved Administratively 1/27/2023 2 Williamsburg Lane 23-010 Wireless Communication Facility TMobile Wireless Nicolas Faure Minor Modification to wireless facility. LA8012BA_31LAB LA36XC578 Approved Administratively 1/27/2023 7 Acacia Road 23-009 Wireless Communication Facility TMobile Wireless Nicolas Faure Minor Modification to wireless facility. LA8012BA_41LAB LA36XC582 Approved Administratively 1/27/2023 7 Middleridge Lane S (PLL Address: 10 Middleridge 23-008 Wireless Communication Facility TMobile Wireless Nicolas Faure Minor Modification to wireless facility. LA8056BA_61LAB LA36XC545 Approved Administratively 11/18/2022 49 Saddleback Road 22-113 Wireless Communication Facility TMobile Wireless Nicolas Faure Minor Modification to wireless facility Approved Administratively 11/18/2022 7 Southfield Drive 22-112 Wireless Communication Facility TMobile Wireless Nicolas Faure Minor modification to wireless facility Approved Administratively 11/18/2022 36 Eastfield Drive 22-111 Wireless Communication Facility TMobile Wireless Nicolas Faure Minor Modification to wireless facility Approved Administratively 11/18/2022 48 Eastfield Drive 22-110 Wireless Communication Facility TMobile Wireless Nicolas Faure Minor Modification to wireless facility Approved Administratively 11/18/2022 11 Wagon Lane 21-109 Wireless Communication Facility TMobile Wireless Nicolas Faure Minor modification to wireless facility Approved Administratively 10/27/2022 4 Storm Hill Lane 22-100 Wireless Communication Facility TMobile Wireless Nicolas Faure Minor Modification to wireless facility Approved Administratively Total Records: 16 6/7/2023 Permit Report - Infinigy Applications Administrative (AA) Administrative (AA) Administrative (AA) Administrative (AA) Administrative (AA) Administrative (AA) Administrative (AA) Administrative (AA) Administrative (AA) Administrative (AA) Administrative (AA) Administrative (AA) Administrative (AA) Administrative (AA) Administrative (AA) Application Type Administrative (AA) Page: 1 of 1 137 Agenda Item No.: 11.A Mtg. Date: 06/12/2023 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:ELAINE JENG, CITY MANAGER THRU:ELAINE JENG P.E., CITY MANAGER SUBJECT:RECEIVE AN UPDATED SOUND PROPOGATION REPORT FROM HQE SYSTEMS INC., AND DIRECT STAFF TO ENGAGE HQE SYSTEM INC. TO INSTALL THE PROPOSED OUTDOOR SIREN SYSTEM FOR THE CITY OF ROLLING HILLS. DATE:June 12, 2023 BACKGROUND: In Fiscal Years 19/20 and 20/21, the City Council provided funding for the Block Captain Program to investigate communication platforms in the event of complete power failure in the community. The Block Captains and City staff used funds to purchase two-way radios and when the handheld radio option proved to be ineffective, a Request for Proposal (RFP) was issued in February 2021 to solicit proposals on other communication systems. The City received one proposal from HQE Systems, Inc. (HQE). On April 26, 2021, Staff recommended that the City Council engage the services of HQE. The City Council directed Councilmember Pieper to work with Staff to better understand the evolution of the communication project and the scope of the feasibility study. As directed, Staff met with Councilmember Pieper on four occasions: May 20, 2021, July 15, 2021, July 23, 2021 and August 12, 2021. Some of the meetings with Councilmember Pieper included the Lead Block Captains Arlene and Gene Honbo. Staff also worked with Project Manager Alan Palermo and HQE to provide technical information requested by Councilmember Pieper. The Lead Block Captains, along with members of the Block Captains were in support of a feasibility study. The City Council approved a Professional Services Agreement (PSA) with HQE to prepare a feasibility study that would identify the hardware, location of the hardware, software, system integration, and a detailed cost estimate to install a siren system for the community. At the January 10, 2022, City Council meeting Staff presented the final Feasibility Study and recommended that the City Council conduct a community survey to gauge interest for an outdoor siren system. In review of the Feasibility Study, the City Council requested information relating to the annual maintenance cost of the proposed outdoor siren system. The City Council also requested a street level map of Solution A and Solution B presented in the Feasibility Study. 138 On March 14, 2022, the City Council unanimously voted to amend the PSA with HQE allocating an additional not-to-exceed $3,500 to investigate potential co-location sites of the poles. On June 16, 2022, HQE Staff and Block Captain Leads Arlene and Gene Honbo conducted a site visit at the Main Gate, Crest Gate, Eastfield Gate and the Radar Station. In early July, HQE submitted the revised Feasibility Study that included two additional options: Solution C included the three gates and FAA Radar Station and Solution D included only the three gates. At the August 8, 2022, City Council meeting, Staff presented potential site locations and to consider Solution D. HQE representatives were present to answer questions from Council and members of the public. HQE informed City Council that they had completed the remaining tasks of the Feasibility Study at no cost to the City, a savings of $22,814 and invited the Council to observe a demonstration of the proposed system, if desired. City Council directed Staff to seek approval from the Rolling Hills Community Association to place the siren poles at the three gate locations. On September 1, 2022, staff and Councilmember Mirsch attended a demonstration of the proposed outdoor siren system equipment at HQE headquarters. The demonstration included a tour of their facility where manufacturing of the equipment was conducted in-house and a demonstration simulated a test warning that would be sent out in case of an emergency. The equipment used consisted of a single 4' speaker mounted on a pole 25 feet above ground (for Rolling Hills, there would be 4-4' speakers mounted 50 feet above ground at each gate). The quality of the intelligible voice was clear and could be easily heard. The speakers could be adjusted to rotate a few degrees at a time through the use of a software application to ensure the best sound coverage. In staff discussion with HQE, it was conveyed that they were recently awarded a contract with the City of Paradise to install 21 poles and were currently in the process of installing them. On September 1, 2022, staff also attended the Rolling Hills Community Association (RHCA) Board meeting. Per Council direction, the City Manager asked that the RHCA Manager present to the Board of Directors the City's request to place the siren poles at the three gatehouse locations. During that meeting, the City's question was not presented as requested. As a result, the Board of Directors began asking questions with respect to public safety, an area outside the purview of the RHCA. The Board of Directors ultimately did not discuss the City's request to place siren poles at the three gates. Instead, the Board of Directors requested that the RHCA Manager meet with City Staff and that the RHCA Liaisons meet with the City Council Subcommittee to discuss why the Board of Directors were not informed of the project, if the project was warranted, and concerns relating to only having one proposer submit a proposal for the project. In addition, per Council direction, Staff reached out to the five homes adjacent to the three gates to inform them of the project. Two residences were in support, one was opposed, and the other two did not respond. At the September 12, 2022 City Council meeting, the City Council directed the Subcommittee members to follow up with their counterparts at RHCA. On September 15, 2022, Staff made a 139 presentation at the Rolling Hills Community Association Board meeting requesting an approval to place the siren system at the three gates. The RHCA Board expressed concerns about the health of the guard attendants who would be exposed to high levels of sound emitting from the sirens, interference with the operations of the guardhouses, and aesthetics and noise impacts on residents. The RHCA Board ultimately voted to not support the City's request of placing the siren system at the gates. Following the RHCA Board meeting, Staff contacted HQE to seek additional information on noise levels that could be heard at the base of the poles. Based on HQE’s response, the speakers will emit up to 124 decibels 50’ above ground; however, at the base of the pole, the decibel is 90 or equivalent to a hairdryer. Included in the packet is additional information on sound prepared by HQE. At the September 26, 2022 City Council meeting, the City Council directed Staff to do the following: seek input from the First Responders on usage scenarios when the siren system is deployed for evacuation and non-evacuation purposes and system with voice capability vs siren only obtain information on easement requirements from the Rolling Hills Community Association Staff contacted Los Angeles County Fire Department Chief Bennett and Los Angeles County Sheriff's Department Captain Powers to seek their input on the proposed usage scenarios and whether siren only system or a system with siren tone and intelligible voice would be the preferred option. Based on feedback received from the First Responders, their preferred option was the combined siren tone and intelligible voice because it could provide information to residents that are comprehensible regardless of the scenario (e.g., shelter in Place or mandatory evacuation). Staff had also created a flow chart to activate the siren. In addition, on September 28, 2022, staff submitted a letter to the RHCA requesting easement requirements for siting of poles at locations identified in Solution A and Solution B in easements held by RHCA with a response date of October 6, 2022. It is important to note that RHCA staff was present when pole locations were identified in Solution A and Solution B. At the October 6, 2022 RHCA Board meeting, the Board discussed the item and requested that the City follow these procedures: 1. Obtain permission from the owner of the property where the siren will be placed, 2. Submit a written request to the Board for a license(s) to use the Association easement for Board review and approval. The request should include: Site plan with the location of the pole and any ground mounted equipment indicated, Specifications of the height and size of the pole and any pole mounted equipment Site plans should include property and easement lines, edge of pavement and property address. If the license was approved by the Board, the City would be responsible for legal and recording fees incurred for the license agreement(s). RHCA would waive fees for excavation permits. Per Council direction, the pole locations were identified based on the "Outdoor Siren Location- 140 Street Level" prepared by HQE: Solution A - Proposed Pole Locations Siren A-1: On Blackwater Canyon Trail (behind 13 Portuguese Bend Rd) between Lower Blackwater Canyon Rd and Portuguese Bend Road Siren A-2: In front of 9 Upper Black Canyon Rd Siren A-3: In front of 57 Saddleback Rd Siren A-4: On Storm’s Ridge Trail/Buggy Whip Trail (near 4 Storm Hill Ln) Siren A-5: In the canyon behind 4 Possum Ridge Road Siren A-6: Near 4 Poppy Trail Siren A-7: In the canyon behind 1 Hackamore Rd Siren A-8: Near 74 Portuguese Bend Rd Siren A-9: On Crest Rd East (near 63 Crest Road East) Solution B- Proposed Pole Locations Siren B-1: On Pine Tree Lane (adjacent to 10 Pine Tree Ln) Siren B-2: Corner of Portuguese Bend Road and Fuld’s Furlong Trail Siren B-3: In the canyon on Crest Road East (east of 38 Crest Road East) Based on the discussion from the October 10, 2022 City Council meeting, staff was directed to the do following: seek permission from CalWater to place 50' poles at their water facilities identify City properties where the poles could be placed On October 19, 2022, Staff held a virtual meeting with CalWater representatives to discuss whether there was a possibility of installing poles at their three water facilities. CalWater representatives were open to the discussion and asked that the City provide additional information such as the specification of poles to be installed, length of access needed at their facilities, and any electronic equipment placed on poles. The requested information would assist CalWater in determining if the proposed poles would interfere with their current operations and/or any future planned activities at their sites. It may take up to the end of this year or early next year for CalWater to decide if their sites are viable options to install the poles. HQE has been a generous partner with the City in providing additional information requested by staff without receiving additional compensation. Given the new locations to investigate, it was necessary to obtain another proposal from HQE in order to conduct a site survey, perform a sound propagation analysis, provide systems option and cost to provide technical support to third-party entities. HQE submitted a proposal in the amount of $6,095 to evaluate up to four sites and correspond directly with CalWater on behalf of the City on technical matters. At the October 24, 2022 City Council meeting, the City Council directed staff to engage the services of HQE to provide technical support in conversations with CalWater for $1,900. To keep the community informed of the outdoor siren project, the City published a Special Blue Newsletter on October 27, 2022 identifying the proposed ten sites with the disclaimer that the final locations were not confirmed. On October 28, 2022, staff, HQE, and CalWater representatives held a follow-up meeting to discuss the proposed locations, specification of poles to be installed, length of access needed 141 at their facilities, and any electronic equipment placed on poles. During the meeting, CalWater eliminated the following facilities for consideration due to space constraints: CalWater Reservoir #12, 23 Portuguese Bend (Water Tank Trail/Black Water Cayon/Tallyhand Rd), CalWater on Sunnyridge Rd in unincorporated LA County and tentatively allowed the possibility of installations of poles at the CalWater Reservoir #22 on Spur Lane and at 3960 Crest Road upon further review by various CalWater departments. On November 1, 2022, with assistance from HQE, staff submitted the requested document to CalWater for their review. Subsequent to that meeting, the City published another Special Blue Newsletter on November 3, 2022, updating the residents of promising news in which CalWater had tentatively allowed two facilities as possible sites for the installation of siren poles. Following that publication, Mr. Frederick Lorig submitted an email on November 7, 2022 to staff and the City Council to express his concerns. At the November 14, 2022 City Council meeting, the City Council directed Staff to eliminate the CalWater facility on Spur Lane and look into two other locations: Fire Station 56 and Rancho del Mar High School, located at 12 and 38 Crest Road West. On December 5, 2022, staff, HQE and representatives from CalWater, Los Angeles County Fire Department, and Palos Verdes Peninsula Unified School District conducted separate consultation visits at the three proposed sites to assess the properties and answer questions from the respective agencies. All three agencies were in support of having the poles placed at their properties and were open to assisting the City with its outdoor siren project. At the December 13, 2022 City Council meeting, the City Council directed Staff to send out a Blue Newsletter with one side using a simplified map with the eight proposed locations and the other side with photos depicting the siren system. In addition, the Blue Newsletter should also indicate that the City Council is soliciting feedback and that this item will continue in January. On December 22, 2022, staff mailed the Special edition of the Blue Newsletter based on the City Council's direction. At the time of writing, the City received seven comments. Due to the holiday season and to provide ample opportunity for comments on the outdoor siren project, an identical Special Blue Newsletter was mailed on January 9, 2023 to solicit additional community feedback. At the January 23, 2023 City Council meeting, Staff provided an update that the City received a total of 21 written comments from 49 residents (i.e., one letter had 32 signatures). The majority of the written comments received (or 76% of the residents) were in support of the siren system, while five residents expressed the need for better cell phone reception. The City Council directed Staff to narrow the potential siren pole locations from eight to up to four locations. HQE identified three recommended locations: City Hall; Fire Station 106 (12 Crest Road West) and; CalWater Facility (3960 Crest Road) In addition, two Council members provided a summary of their conversations with the Town of Paradise and the Cities of Mill Valley and Laguna Beach on each of the Cities' experience on their existing siren system. At the February 13, 2023 City Council meeting this presentation was tabled and the Council 142 directed the City Manager to give a report on the City of Rolling Hills progress thus far related to the siren project with HQE and gauge interest from the other Peninsula cities at the March 9, 2023 Peninsula Public Safety Committee Meeting. At the March 9, 2023 Peninsula Public Safety Committee Meeting, The City Manager presented the City's progress as directed and requested feedback from the three other cities in the event they were interested in a Peninsula-wide collaboration. Councilmember Dieringer also presented materials from another vendor. On Councilmember Dieringer's motion, the Committee directed the respective City staffs to explore mass notification systems and grants for the Peninsula. At the March 27, 2023 City Council meeting, the City Council approved the HQE proposal for additional work in the amount of $4,195 to perform a sound propagation analysis and provide system option for the three locations. DISCUSSION: On May 15, 2023, representatives from HQE met with City staff and representatives from the RHCA to visit the three proposed sights. Prior to the site visits, Cal Water informed staff that their facility location was no longer an option. Fortunately, the RHCA had also approved an adjacent area within their easement at the Crest Road East gate. HQE gathered their on site information and requested additional documentation from the RHCA and city which was supplied to aid in their sound propagation study. The updated study is attached to this report. The report illustrated that siren poles at the three approved locations would cover the majority of the city limits and met the requirement of 70 decibels. Based on feedback received from the First Responders, staff recommends that the City Council install the siren tone and intelligible voice sire system. Based on numerous discussions by the City Council on the number and the height of siren poles, staff recommends that the City Council select Solution B with three 50 feet poles. The three 50 feet poles with the intelligible voice feature was estimated by HQE Systems Inc., to cost $261,673. FISCAL IMPACT: There is sufficient funding in FY 2022-2023 Capital Improvement Project (CIP) to install a SIRCom outdoor siren system. RECOMMENDATION: Approve as presented. ATTACHMENTS: CL_AGN_230612_CC_HQE_SiRcomOutdoorWarningSystem.pdf CL_AGN_220912_HQE_Systems_Feasbility_Study.pdf CL_AGN_CC_221010_FlowChart_Process_to_Activate_Outdoor_Siren_System.pdf 143 June 6,2023 To: Elaine Jeng,P.E. City Manager City of Rolling Hills ejeng@cityofrh.net 310 377-1521 Subject:City of Rolling Hills -SiRcom Outdoor Warning System Sound Propagation Report Dear Mrs.Elaine Jeng, HQE Systems,Inc.is pleased to provide the requested City of Rolling Hills Outdoor Warning System solution utilizing the SiRcom system.The high-level solution utilizes three (3)directional speaker towers to provide complete city coverage. Tower Locations: ●Fire Station Tower:33.757095,-118.354335 ●Easter Gate Tower:33.747856,-118.337651 ●City Hall Tower:33.775958,-118.343421 Speaker Types:Intelligible Voice &Tone ●Intelligible Clear Voice and Tone Long Distance Speakers ●Easy to utilize siren control system ●FEMA Certified System Power:Solar and DC Power Systems ●The primary power source for the system will be solar.The solar power will be utilized to charge the 12V DC batteries. Comms:VHF Radio,Cellular Backup NOT FOR GENERAL RELEASE -SENSITIVE COMMUNITY LIFE SAFETY DATA HQE Systems,Inc.is a Service-Disabled Veteran Owned Small Business (SDVOSB) www.HQESystems.com 1 144 ●The system will be managed and activated via the VHF radio system.However,we will provide a cellular capability for the City to remotely access,control,and activate the system via the secure portal.This will ensure that the City and its authorized officials can activate the system remotely so they are not tied to it during an emergency. Tower Location and Propagation Maps: NOT FOR GENERAL RELEASE -SENSITIVE COMMUNITY LIFE SAFETY DATA HQE Systems,Inc.is a Service-Disabled Veteran Owned Small Business (SDVOSB) www.HQESystems.com 2 145 END NOT FOR GENERAL RELEASE -SENSITIVE COMMUNITY LIFE SAFETY DATA HQE Systems,Inc.is a Service-Disabled Veteran Owned Small Business (SDVOSB) www.HQESystems.com 3 146 Mass Notification Report Global Headquarters | 27419 Via Industria | Temecula, CA 92105 | 800.967.3036 www.HQESystems.com Prepared August 2022 For The City of Rolling Hills, CA 147 Mass Notifications Systems Installation Report V3 The City of Rolling Hills, CA Disclaimers All product names,logos,and brands are the property of their respective owners.All company,product, and service names used in this proposal are for identification purposes only.Using these names,logos, and brands do not imply endorsement. Neither HQE Systems,Inc.nor its contributors shall be held liable for any improper or incorrect use of the information described and/or contained in this report herein and assumes no responsibility for anyone's use of the information.In no event shall HQE Systems,Inc.or its contributors be liable for any direct,indirect,incidental,special,exemplary,or consequential damages (including,but not limited to: procurement of substitute goods or services;loss of use,data,or profits;or business interruption) however caused and on any theory of liability,whether in contract,strict liability,tort (including negligence or otherwise),or any other theory arising in any way out of the use of this report,even if advised of the possibility of such damage.This disclaimer of liability applies to any damages or injury, whether based on alleged incorrect data,negligence,or any other cause of action,including but not limited to damages or injuries caused by any failure of performance,error,omission,interruption, deletion,defect,delay in operation or transmission,computer virus,communication line failure,and/or theft, destruction or unauthorized access to, alteration of, or use of any record. 2 |Page HQE SYSTEMS, INC.|A Service-Disabled Veteran Owned Small Business (SDVOSB) Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal.148 Mass Notifications Systems Installation Report V3 The City of Rolling Hills, CA HQE Systems,Inc.is a privately owned and operated Minority-Owned FEMA Certified Service Disabled Veteran Owned Small Business (SDVOSB). “It is our goal at HQE to continue to serve our veterans through our ‘Hire Veterans Policy HQE-2015-2025’.We appreciate all of our current and past customers who have helped us meet our goals of hiring veterans throughout the years.Your support in HQE is directly impacting the support of our amazing veterans. Thank you for the opportunity to serve you and your community!” Thank You from the team of HQE Systems Inc. Qas Ari CEO, Disabled Veteran / Retired 3 |Page HQE SYSTEMS, INC.|A Service-Disabled Veteran Owned Small Business (SDVOSB) Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal.149 Mass Notifications Systems Installation Report V3 The City of Rolling Hills, CA Table of Contents 1. Executive Summary 5 2. Background 6 3. The City of Rolling Hills Consideration Factors 7 3.1 General Information 7 3.2 Topographic Information 7 3. Report Development Methodology 8 2.1 Kick-Off Meeting (Clear Project Guidelines)8 2.2 Site Survey (Gathering Information)8 2.3 Sound Propagation Analysis (Data-Driven Planning)8 2.4 Mass Notification Systems Installation Study 9 4. Mass Notifications System Types Overview 10 4.1 Electronic Notification Solutions (ENS) Web & Cellular Alerting 10 4.2 Indoor Notification Solutions 11 4.3 Outdoor Notification Solutions 12 5. Proposed Solution Options 13 5.1 Installation Solution Options 13 5.2 Intelligible Voice & Tone Sound Coverage 16 5.3 Proposed Siren Installation Locations 18 5.4 Proposed Project Milestones & Package 21 5.5 Outdoor Warning Siren Pole Tree Facade (Option)22 5.6 Mobile Alert Expeditionary Unit (Si-MAX) Option 23 6.0 Conclusion of Report 25 4 |Page HQE SYSTEMS, INC.|A Service-Disabled Veteran Owned Small Business (SDVOSB) Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal.150 Mass Notifications Systems Installation Report V3 The City of Rolling Hills, CA 1. Executive Summary To the distinguished City of Rolling Hills’s City Council Members, HQE Systems,Inc.(HQE)is a Minority-Owned,FEMA Certified California Disabled Veteran Business Enterprise (DVBE)with its global headquarters in Temecula,CA.Since 2014,HQE has been designing, engineering,installing,and maintaining Mass Notification Systems (Central Control Units,Outdoor Sirens,Control Cabinets,Radios,Solar Chargers,and Subcomponents of Mass Notification Systems) solutions for a host of clients worldwide.HQE is a brand agnostic systems integrator that has installed over 1,000+ Mass Notification Systems for all levels of the Government and Federal Agencies. HQE was retained by The City of Rolling Hills,California,to investigate the feasibility of installing an effective Mass Notification System.The system intends to provide Mass Alerting and Warning during natural and manmade disasters,including wildfires,terrorist events,and severe weather.HQE’s Mass Notification Systems installation Report would provide the decision-makers with the information needed to identify the ideal solution for The City of Rolling Hills. To develop the report,HQE conducted an installation study.The study includes open-source data research, site survey, and sound propagation analysis. ❖Open Source Data:Researching the latest solution from the key manufacturers.This includes technical/operational features and rough order of magnitude pricing. ❖Site Survey:Study of the local environment/infrastructure to include the availability of power, potential installation points,residential buildings,and topography (manmade and natural).In addition,it analyzes the presence and signal capabilities of cellular,radio,and other communications channels. ❖Sound Propagation Analysis:Utilizing the information gathered during the site survey and planning maps,HQE utilizes a proprietary machine-learning algorithm,Sound Propagation Analysis, to determine the ideal locations for the Mass Notification points. With all of the information reviewed and analyzed during the report development,HQE’s Mass Notification Subject Matter Experts have determined the ideal installation solution for The City of Rolling Hills.The proposed solution was developed with the following priorities (not in order):Alerting Effectiveness, Initial Budget, Sustainment Budget, Project Timeline, and System Installed Visibility. Proposed Solution:This solution was developed to provide The City of Rolling Hills with a solution that provides the best intelligible voice &tone sirens with a modern look.This solution will utilize the SiRcom sirens with Vector line arrays.These modern intelligible speakers will provide the “best look”for the City while providing the intelligible voice and tone coverage for emergency alerting.The main concept of the solution is to install the outdoor warning sirens directly behind or in the vicinity of the gates proposed by the City.The sirens will be configured in a directional siren setup and installed at the City ’s desired installation points (entrance gates).The rough order of magnitude pricing for the solution is $334,748.24. It is estimated 30 days to install the complete system. 5 |Page HQE SYSTEMS, INC.|A Service-Disabled Veteran Owned Small Business (SDVOSB) Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal.151 Mass Notifications Systems Installation Report V3 The City of Rolling Hills, CA 2. Background The City of Rolling Hills (City)sought an installation report for Mass Notifications System (MNS).The requirement specifically desired an effective outdoor solution that could operate in any threat event environment. The City of Rolling Hills relies primarily on communication tools that require electricity,cellular signal,or access to the internet during an emergency.These methods include The City of Rolling Hills Website, Alert Southbay,and local television/radio networks.Areas of California regularly experience power outages during adverse,especially windy,weather conditions.The local utility provider utilizes a Public Safety Power Shut-off (PSPS)program during inclement weather conditions.Because of the PSPS program,residents of The City of Rolling Hills could possibly be without power during periods of heightened fire danger,resulting in an increased risk of not receiving important communications, including evacuation orders,via phone,internet,or radio.Unfortunately,disruption to the electrical power also has a negative impact on local cellular towers,which have limited generator power to sustain their operational needs from the planned PSPS or electrical systems failures from the hazard (fire,wind, etc).Environmental events must be fully understood when planning and designing an MNS,so the system can clearly and effectively communicate alerts to residents and visitors.The MNS must be designed to rely on solar power and have enough battery-backup capacity to send critical alerts,when required, at night, or on days when the sun may be blocked by smoke or clouds. The infamous 2020 wildfires that overtook Los Angeles and Ventura County's northern regions exposed the dangers of relying only on web-based or cellular-based emergency alert systems.With over 33 deaths,many Cities and Counties have since implemented a radio-based mass notifications system to mitigate this unnecessary risk in the future. The City of Rolling Hills contracted with HQE Systems,Inc.(HQE)to develop a comprehensive and actionable MNS report to enhance its ability to disseminate emergency alerts,especially in wildfire situations.Since then,HQE has utilized its expertise in Mass Notifications Systems (MNS)to develop this report to assist The City of Rolling Hills in the pursuit of saving lives and protecting property. 6 |Page HQE SYSTEMS, INC.|A Service-Disabled Veteran Owned Small Business (SDVOSB) Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal.152 Mass Notifications Systems Installation Report V3 The City of Rolling Hills, CA 3. The City of Rolling Hills Consideration Factors 3.1 General Information #Description The City of Rolling Hills Data 1 Access To The City of RollingHills Gated Community (Limited Access Roads) 2 Population (2020)1,739 3 Housing Units 702 4 Land Area 2.99 Square Miles 5 Water Area 0.00 Square Miles 6 Geographic Coordinates 33.760016 -118.347164 7 AVG. Annual RainFall 15 Inches 8 AVG. High Wind Speed 7-8.6 MPH (November to May is the high winds season) 9 Fire Season May to October 10 Fire Threat Region Tier 2 (Elevated Fire Threat Identified By:California Public Utilities Company FireThreat Mat V.3 (08.19.21) 11 Last Large Fire ThatImpactedTheCityofRollingHillsOnThePalosVerdesPeninsula Aug.27,2009,burned 235 acres and was of unknown origin according to theCaliforniaDepartmentofForestryandFirePreventionwebsite.The fire,whichburnedfortwodays,caused minor damage to six Rolling Hills homes and forced1,200 people to evacuate.Additionally,3,000 customers in the area lost electricalpower. 3.2 Topographic Information HQE has studied The City of Rolling Hills’s general and topographic information.These factors will be taken into careful consideration when developing the final solution options. 7 |Page HQE SYSTEMS, INC.|A Service-Disabled Veteran Owned Small Business (SDVOSB) Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal.153 Mass Notifications Systems Installation Report V3 The City of Rolling Hills, CA 3. Report Development Methodology 2.1 Kick-Off Meeting (Clear Project Guidelines) HQE conducted a project kickoff meeting in October 2020 with The City of Rolling Hills that established mutual acquaintance,clarified roles,and confirmed the desired outcomes and deliverables.Utilizing its experience and expertise in MNS,HQE was able to help better understand the constraints of the project and how HQE could best serve The City of Rolling Hills in achieving its ultimate goal of Saving Lives and Protecting Property. 2.2 Site Survey (Gathering Information) HQE conducted multiple detailed site surveys and spent time gathering information to fully understand the constraints that could impact the system’s operational and technical performances.During the final site survey in June 2022,HQE reviewed each element of an MNS and documented expectations and requirements of the system.The City of Rolling Hills provided site information based on the current desires of The City of Rolling Hills and potential pitfalls to consider when planning for the new MNS. HQE’s analysis began with the initial City provided project considerations to ensure that HQE’s efforts would be aligned with The City of Rolling Hills’s desires.While on-site,HQE assessed the power options and locations.In addition,HQE’s sound engineer assessed the residential and commercial building layouts to determine the best locations of the new MNS points to maximize sound coverage. 2.3 Sound Propagation Analysis (Data-Driven Planning) HQE conducted a sound propagation analysis based on the final site survey to ensure the outdoor emergency alert signal is distributed optimally throughout The City of Rolling Hills.HQE produced sound propagation maps using site-collected data and HQE’s proprietary outdoor siren planning software to determine the levels of coverage achieved from potential sites.The coverage models consider varying geographical topology and environmental factors such as foliage and building density. The study considered various environmental factors including: ❖Temperature ❖Humidity & Rainfall ❖Vegetation (types and disbursement) ❖Wind speed and direction ❖Man-Made structures (buildings, towers, etc) ❖Topography (elevation changes) Environmental factors that will be present during inclement weather were significant when modeling coverage,including understanding the effects of the Santa Ana winds.In addition,much of The City of Rolling Hills has steep hills and canyons, which pose a challenge for proper coverage. 8 |Page HQE SYSTEMS, INC.|A Service-Disabled Veteran Owned Small Business (SDVOSB) Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal.154 Mass Notifications Systems Installation Report V3 The City of Rolling Hills, CA The analysis resulted in recommendations for the most efficient outdoor warning alert sound distribution across The City of Rolling Hills, including: ❖A sound coverage area for each proposed siren site, considering environmental data ❖Identification of any areas of The City of Rolling Hills in which sirens will be ineffective due to geography or other characteristics 2.4 Mass Notification Systems Installation Study HQE compiled the data collected into this report, which provides a baseline assessment and includes the following: ❖Solution options available on the market ❖Costs to include initial and long term sustainment ❖Recommended ideal installation options 9 |Page HQE SYSTEMS, INC.|A Service-Disabled Veteran Owned Small Business (SDVOSB) Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal.155 Mass Notifications Systems Installation Report V3 The City of Rolling Hills, CA 4. Mass Notifications System Types Overview 4.1 Electronic Notification Solutions (ENS) Web & Cellular Alerting ❖Solution Types:Electronic Notification Systems (ENS)have gained popularity due to technological advancement.ENS utilizes the local cellular networks to disseminate emergency alert notifications.These notifications can be accessed from the recipient ’s mobile devices and computers. ➢Hosted Cloud-Based Solution (SaaS):Requires no hardware to deploy the solution. ➢On-Premise Server Solution:Requires a local server to be installed. ❖Alerting Methods:The City of Rolling Hills Utilizes the local cellular towers to transmit the following alerts. ➢Voice Calls:A custom live,or pre-recorded voice message can be transmitted to all telephone numbers in the database for the City. ➢SMS Text:A custom drafted or pre-drafted template message can be transmitted as a text to the number in the database for the City.The recipient can also send back an acknowledgment or a specific prompt response to the City. ❖Strengths & Vulnerabilities: ➢Strengths:Fast deployment.Easy to utilize.Requires limited or no hardware installation. ➢Weakness:Completely reliant on the local cellular network.During PSPS or disaster failures,ENS solutions will not work.If the recipients have their phones on silent or off, they will not be alerted by the notification. 10 |Page HQE SYSTEMS, INC.|A Service-Disabled Veteran Owned Small Business (SDVOSB) Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal.156 Mass Notifications Systems Installation Report V3 The City of Rolling Hills, CA 4.2 Indoor Notification Solutions ❖Solution Types:Indoor Notification Systems are utilized to provide coverage visually and audibly to ensure that the alerts are received inside buildings.These notifications consist of workstation desktop alerts,overhead paging /intercom alerts,mounted digital displays,and any networked signs and TVs. ➢Indoor audio alerting:Integrates with in-building paging or intercom systems, telephones,and other networked audio devices.This ensures full compliance with Americans with Disabilities Act requirements. ➢Indoor visual alerting:Integrates with workstations,digital signs,and other networked displays (TVs,wall-mounted tablets).This ensures full compliance with Americans with Disabilities Act requirements. ➢Life Safety Systems Integration:Integrates with local fire alarms,earthquake sensors, and electronic security systems to ensure that the legacy alarms are reinforced with intelligible audio and visual alerts (ADA compliance). ❖Strengths & Vulnerabilities: ➢Strengths:Unifies indoor spaces with outdoor warning alerts.This ensures that all alerts are instantly received by all residents and the City ’s staff. ➢Weakness:Requires indoor wiring and cabling (unless self-powered and wireless solutions are implemented) 11 |Page HQE SYSTEMS, INC.|A Service-Disabled Veteran Owned Small Business (SDVOSB) Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal.157 Mass Notifications Systems Installation Report V3 The City of Rolling Hills, CA 4.3 Outdoor Notification Solutions ❖Solution Types:Outdoor Warning Sirens (OWS)are the industry standard and the accepted capability by Federal Emergency Management Agency (FEMA).OWS allows immediate alerting across a large area by utilizing all-weather outdoor warning sirens. ➢Intelligible Audio Alerts: Intelligible sirens can be heard from miles away. ➢Wireless &Self-Powered:Siren control cabinet systems configured to operate on wired/wireless communication infrastructure and self-powered/self-charging systems. ➢Central Control System:Mass Notifications System management software to quickly and easily create, transmit, and manage all alerts. ❖Alerting Methods:The City of Rolling Hills Utilizes various communications media to transmit the following alerts. ➢Live Custom or Pre-Recorded Voice Alerts:A custom live,or pre-recorded voice message can be transmitted to all or selected siren points. ➢Tone Alerts: Transmit pre-established tone alerts. ❖Strengths & Vulnerabilities: ➢Strengths:Self-powered and can communicate on networks not affected by PSPS or other power outages. ➢Weakness: Has the highest cost to cover the desired area. 12 |Page HQE SYSTEMS, INC.|A Service-Disabled Veteran Owned Small Business (SDVOSB) Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal.158 Mass Notifications Systems Installation Report V3 The City of Rolling Hills, CA 5. Proposed Solution Options 5.1 Installation Solution Options HQE has developed the below solution for The City of Rolling Hills’s considerations. ❖Installation Pole Solution:The directional outdoor warning siren Installation utilizes the standard 50’poles mounted with the intelligible horns positioned in a directional configuration transmission position.The 50’pole allows the sound to be projected from a higher elevation. This allows for a greater coverage area which reduces overall equipment requirements. 13 |Page HQE SYSTEMS, INC.|A Service-Disabled Veteran Owned Small Business (SDVOSB) Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal.159 Mass Notifications Systems Installation Report V3 The City of Rolling Hills, CA The above figures depict the intelligible voice and tone sound activation.The proposed solution has the highest intelligible voice and tone alerting on the market today.This ensures that the alerts activated will be understood from great distances. 14 |Page HQE SYSTEMS, INC.|A Service-Disabled Veteran Owned Small Business (SDVOSB) Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal.160 Mass Notifications Systems Installation Report V3 The City of Rolling Hills, CA The highly intelligible voice and tone of sirens are key to providing the residents of the City with the proper coverage needed during an emergency.The following siren system has the most ideal intelligible voice and tone capabilities.In addition,the proposed control software and hardware have many advantages that provide the City with many features not found on other systems in the market today. 15 |Page HQE SYSTEMS, INC.|A Service-Disabled Veteran Owned Small Business (SDVOSB) Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal.161 Mass Notifications Systems Installation Report V3 The City of Rolling Hills, CA 5.2 Intelligible Voice & Tone Sound Coverage The solution takes into consideration that the community desires to have a reliable intelligible voice and tone outdoor warning system.This option utilizes three (3)SiRcom Vector speaker directional mounted on standard 50’ poles to provide the required emergency alert notification coverage. 16 |Page HQE SYSTEMS, INC.|A Service-Disabled Veteran Owned Small Business (SDVOSB) Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal.162 Mass Notifications Systems Installation Report V3 The City of Rolling Hills, CA 17 |Page HQE SYSTEMS, INC.|A Service-Disabled Veteran Owned Small Business (SDVOSB) Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal.163 Mass Notifications Systems Installation Report V3 The City of Rolling Hills, CA 5.3 Proposed Siren Installation Locations 18 |Page HQE SYSTEMS, INC.|A Service-Disabled Veteran Owned Small Business (SDVOSB) Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal.164 Mass Notifications Systems Installation Report V3 The City of Rolling Hills, CA 19 |Page HQE SYSTEMS, INC.|A Service-Disabled Veteran Owned Small Business (SDVOSB) Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal.165 Mass Notifications Systems Installation Report V3 The City of Rolling Hills, CA 20 |Page HQE SYSTEMS, INC.|A Service-Disabled Veteran Owned Small Business (SDVOSB) Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal.166 Mass Notifications Systems Installation Report V3 The City of Rolling Hills, CA 5.4 Proposed Project Milestones & Package Equipment Required ❖(1) SiRcom Central Control Unit (siren activation system) ➢Includes ■(1) SiRcom SMART Alert Software (SiSA) - Annual Subscription ●Perpetual License ●Text-To-Speech Module ●Auto-Foreign Language Translation Module ●Electronic Alerting Module ◆Voice Calls ◆SMS Text ◆Emails ◆Social Media Posts ◆FEMA IPAWS ■FEMA approved and certified software ■SiRcom Central Controller Server (dell workstation) ■LCD Monitor ■Keyboard, Mouse, Mouse Pad ❖(3) SiRcom Outdoor Warning Sirens With Vector Line Arrays ➢QTY 3: 139dB Intelligible Outdoor Warning Sirens ➢Mounted on 50’ poles ➢Tree Facade (Option) ❖(3) SiRcom Control Cabinets ➢Each Control Cabinet Includes ■Secure Communications: ●VHF Radio ●Cellular Communications, SIM Service Perpetual ■Power: ●Primary: AC Power ●30 Days Power Backup:220W Solar Power Module,10 Year 12VDC Sealed Battery ■Local Activation Module at each siren location 21 |Page HQE SYSTEMS, INC.|A Service-Disabled Veteran Owned Small Business (SDVOSB) Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal.167 Mass Notifications Systems Installation Report V3 The City of Rolling Hills, CA 5.5 Outdoor Warning Siren Pole Tree Facade (Option) The following are HQE’s proposed life-like tree facades can be offered as an option.The facades require little maintenance and will be installed by HQE. 22 |Page HQE SYSTEMS, INC.|A Service-Disabled Veteran Owned Small Business (SDVOSB) Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal.168 Mass Notifications Systems Installation Report V3 The City of Rolling Hills, CA 5.6 Mobile Alert Expeditionary Unit (Si-MAX) Option The SiRcom Mobile Alert Expeditionary Unit (Si-MAX)and the Mobile Alert Expeditionary Unit Lite (Si-MAX Lite) are two-way emergency mass notification devices. Si-MAX Unit operates on the SiRcom SMART Alert Software (SiSA).All of the features found on the standard SiSA Emergency Alert Menu will be available on the Si-MAX display.This ensures that any authorized user can access,draft,and transmit emergency notifications while on the move.Si-MAX will communicate the alert message via any WiFi,Cellular,or VHF communications network (annual service cost not included in the proposal pricing). Key Features of the SiRcom Mobile Alert Expeditionary Unit (Si-MAX) ❖Control Features Alert All Outdoor Sirens 10” Digital Color Display Touch Screen Easy To See In Daylight Digital Keyboard Secure Log-In Encrypted Software Integrated Speaker GPS Tracking Continuous SOS Signal Camera & Mic ❖Power 110VAC (House Power)12VDC (Car Outlet)Internal 20 Hour Battery Solar Battery Panel (Option) ❖Communications WiFI (Local Internet)Cellular (4G/5G)Radio (VHF/UHF) NFC Bluetooth RFID ❖Commercial Info MSRP $2995 / EA 1 YR Warranty Free Updates 23 |Page HQE SYSTEMS, INC.|A Service-Disabled Veteran Owned Small Business (SDVOSB) Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal.169 Mass Notifications Systems Installation Report V3 The City of Rolling Hills, CA Si-MAX Lite is a two-way emergency communications device that each residential home can possess. The Si-MAX Lite can be plugged into the resident's home power while not in use.Once an emergency alert notification is transmitted by the local emergency managers and received by the Si-MAX Lite Unit, the resident can take the Si-MAX Lite Unit with them to maintain real-time situational awareness as the emergency event progresses.This device also allows each resident to transmit a GPS signal that can be tracked by The City of Rolling Hills’s emergency managers during the emergency.This feature can assist The City of Rolling Hills’s emergency response team in getting to the resident quickly to provide assistance or to ensure they are on the safest path out of the danger area.(Not included in the proposal pricing) Key Features of the SiRcom Mobile Alert Expeditionary Unit (Si-MAX) ❖Control Features 3.5” Digital Color Display Rugged Screen Easy To See In Daylight Easy Navigation Button All Environments Encrypted Software Integrated Speaker GPS Tracking Continuous SOS Signal ❖Power 110VAC (House Power)12VDC (Car Outlet)Internal 7 Hour Battery Solar Battery Panel (Option) ❖Communications WiFI (Local Internet)Cellular (4G/5G)Radio (VHF/UHF) NFC Bluetooth RFID ❖Commercial Info MSRP $495 / EA 1 YR Warranty Free Updates 24 |Page HQE SYSTEMS, INC.|A Service-Disabled Veteran Owned Small Business (SDVOSB) Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal.170 Mass Notifications Systems Installation Report V3 The City of Rolling Hills, CA 6.0 Conclusion of Report HQE is pleased to conclude this report for The City of Rolling Hills.However,The City of Rolling Hills faces several challenges that were identified by HQE;the solutions being proposed are to mitigate all of the challenges.The report proposes the ideal unique outdoor warning systems installation solution for the City.The solution was designed and proposed after careful analysis of the strengths and weaknesses of the current options in the market today.The SiRcom Mass Notifications System allows The City of Rolling Hills to meet the initial mass alerting requirements and to scale later with any indoor alerting and security systems integrations that the City may require.This proposed solution is genuinely a capability that will allow The City of Rolling Hills to install a solution that will not be outdated due to the modern unified mass notifications system design. The proposed Mass Notifications System is the world’s most comprehensive solution,with multiple redundant alerting channels pre-built into the system.The SiRcom SMART Alert System enables The City of Rolling Hills to provide the desired emergency response alerting if the power or cellular communications have failed.It is a Fully Certified Federal Emergency Management Agency (FEMA) System.The Unified Mass Notifications System solution ensures that The City of Rolling Hills can maximize the resources available in the mission to Save Lives and Protect Property.The unified solution doesn’t rely on a single network but on a family of networks to ensure that when the Emergency System is required to perform its purpose, even in the event of power outages, the system WILL WORK! The proposed solution will provide The City of Rolling Hills with the solution to mitigate the risks faced by the City and Counties of California in the infamous 2020 wildfires.In addition to the actual installation options for the outdoor warning system,HQE would suggest a community outreach program that would allow the residents of the community to talk directly with Mass Notification Systems experts.This will allow The City of Rolling Hills to help the residents better understand why the solution is so important for the life safety program of The City of Rolling Hills. 25 |Page HQE SYSTEMS, INC.|A Service-Disabled Veteran Owned Small Business (SDVOSB) Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal.171 Mass Notifications Systems Installation Report V3 The City of Rolling Hills, CA Thank You For Your Continued Support of HQE Systems, Inc. A Minority Owned, FEMA Certified Service Disabled Veteran Owned Small Business End of Mass Notifications System Installation Report 26 |Page HQE SYSTEMS, INC.|A Service-Disabled Veteran Owned Small Business (SDVOSB) Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal.172 PROCESS TO ACTIVATE THE OUTDOOR SIREN SYSTEM Threat/Hazard Electrical Power Available? NO Notification from First Responders of Evacuation Orders ACTIVATE SIREN SYSTEM Notification from First Responders of Evacuation Orders Activate Alert SouthBay “Shelter in Place” “Evacuation Warning” “Mandatory Evacuation” “Shelter in Place” “Evacuation Warning” “Mandatory Evacuation” 173 Agenda Item No.: 11.B Mtg. Date: 06/12/2023 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:ELAINE JENG, CITY MANAGER THRU:ELAINE JENG P.E., CITY MANAGER SUBJECT:CONSIDER THE LETTER OF AGREEMENT (LOA) FROM ENERGY SOLUTIONS COMPANY SITELOGIQ AS AN ALTERNATIVE APPROACH TO IMPLEMENT THE CITY HALL CAMPUS BACKUP POWER PROJECT AND DIRECT STAFF TO DRAFT A PROFESSIONAL SERVICES AGREEMENT WITH SITELOGIQ FOR SERVICES. DATE:June 12, 2023 BACKGROUND: The City Hall campus was served by a diesel backup power generator but the unit broke down 2019. In late 2020, the City Council commissioned professional expertise to provide options on providing backup power to the City Hall campus, including the Rolling Hills Community Association (RHCA) building and operations. Between October 2020 and March 2023, the City Council reviewed the options provided by professional architectural and engineering team, assigned the project to the RHCA, reassigned the project back to city staff and finally decided to move forward with the solar panel and battery combination to supply backup power to the City Hall campus. The architectural and engineering team that developed the solar panel and battery solution estimated the cost to install a system with the following requirements to be $250,000: Current City Hall campus demand is based on electric bills for 2020 and 2021 Supply 24 hours of backup power 16 kWh battery backup Solar PV system of 75 kW In March 2023, the City Council directed staff to implement the backup power project. City staff can approach the project conventionally by preparing an engineering design, and advertising the design for construction bids. In early April 2023, an energy solutions company, SitelogIQ gave a presentation to the City Council, providing an alternate approach to deliver the backup power project. The April 2023 174 presentation is attached to this report. SitelogIQ is a licensed General Contractor delivering energy infrastructure programs for State and local governments. In the April 2023 presentation, SitelogIQ discussed available funds from the Federal government, the Inflation Reduction Act (IRA) to offset local government expenditures on energy projects. An energy project involves the installation or modification for improvements of an energy-efficient or renewal energy system. Via the IRA, the Federal government allows the city to obtain federal tax credit in the form of a direct payment (i.e., rebate) for energy storage (battery), electrical infrastructure, solar, and microgrid controllers. The rebate could be as high as 30% of the project cost provided that the project is completed within a certain timeframe. In the last four years, city staff has had many success in securing grant funds, or other sources of funds for city projects to offset the use of General Fund. To deliver the backup power project, the current option is to use budget surplus or savings in the General Fund Reserves. In the approach provided by SitelogIQ, the city could potentially save on design engineering cost by sole sourcing the project to SitelogIQ, and offset General Fund expenditures having SitelogIQ assist the city in applying for the rebate provided by IRA. DISCUSSION: Since the April 2023 presentation, SitelogIQ provided city staff with a Letter of Agreement (LOA) for consideration. The LOA outlines SitelogIQ's scope of services to develop an energy project that satisfy the city's requirements for $28,500. However if the city enters into a contract with SitelogIQ for the implementation of the project within 60 days after presenting a proposed project, SitelogIQ's fee to develop the proposed project would be waived. Beyond the aforementioned 60 days, the fee paid would be credited toward the project's total implementation cost. Per SitelogIQ, the California Government Code 4217.10 provides the ability for public agencies to sole source the project delivery to SitelogIQ as long as the requirements of the code section are met. SitelogIQ will evaluate the City Hall campus to install solar panels, and batteries to provide backup power for City Hall and the RHCA building and operations. Additionally, SitelogIQ will also analyze the potential for energy generation measures, prepare a return on investment analysis, provide budgetary construction estimates, and develop the scopes of work for all energy measures. Given the recent staff vacancies, the lack of technical expertise on energy projects, the current workload to delivery the CalOES/FEMA Hazard Mitigation Program grants, and the possibility to offset General Fund expenditures for the backup power project, staff recommends that the City Council engage SitelogIQ for services. SitelogIQ's LOA was reviewed by the City Attorney. Should the City Council approve staff's recommendation, the City Attorney advised to engage the services of SitelogIQ using the city's Professional Services Agreement. FISCAL IMPACT: In the proposed budget for Fiscal Year 2023-2024, the Finance/Audit/Budget Committee 175 recommended to the City Council to allocate $250,000 from the General Fund Reserves for the City Hall Campus Backup Power project. If the recommendation is approved by the City Council, SitelogIQ's fee of $28,500 could be funded using the $250,000 budget allocation. If the City Council decides to have SitelogIQ implement an energy project, the fee of $28,500 would be waived. The total budget of $250,000 can be used to implement the energy project. There could be additional savings if SitelogIQ is able to secure rebates via the Federal Inflation Reduction Act. RECOMMENDATION: Approve as presented. ATTACHMENTS: CL_AGN_230602_SiteLogiQ_LOA.pdf CL_AGN_230418_SitelogiQ_Presentation.pdf 176 CA Office: 1651 Response Rd, Ste 300, Sacramento, CA 95815 Phone: (916) 914-1929 www.sitelogiq.com  CA License #1054171 June 7, 2023 Name: Elaine Jeng Title: City Manager Company: City of Rolling Hills Address: 2 Portuguese Bend Rd, Rolling Hills, CA 90274 RE: Facility Solution Project Feasibility and Letter of Agreement (LOA) Dear Elaine Jeng: This Letter of Agreement (LOA) is intended to briefly describe the manner in which SitelogIQ and City of Rolling Hills will work together during the project development process, as well as the obligations of each party with respect to the development process. Client Identification: City of Rolling Hills Facility Location(s): • City Hall - 2 Portuguese Bend Rd, Rolling Hills, CA 90274 Area of Focus: SitelogIQ will provide a proposal and Facility Solution agreement for the implementation of facility improvements, energy conservation, energy generation, and/or energy management services. Scope of Services: A. SitelogIQ will conduct a site visit to the Facility(ies) to perform a physical audit and collect data. The Client will cooperate and collaborate with SitelogIQ during this phase by providing copies of requested data, including (if available): Site and/or system drawings, historical operating data produced or recorded by existing controls or meters, manual logs, and any other data that may be pertinent to this evaluation. B. Client will also make operational personnel available at reasonable times for in-person and telephone interviews with SitelogIQ to answer questions about existing facilities conditions, operating profile and existing equipment operation. C. Where operational data is not available to support the analysis, SitelogIQ will utilize standard engineering practices and assumptions to provide a conservative analysis on the potential energy 177 2 savings from installing the energy conservation measures. D. SitelogIQ will also analyze the potential for energy generation measures. E. SitelogIQ will recommend energy management and/or on-going monitoring services. F. For each of the targeted Energy Conservation Measures (ECMs), estimated (projected) operating costs will be calculated and then compared to existing operating costs. Existing conditions will be evaluated using data-logged or stipulated and mutually agreed operational schedules. G. SitelogIQ will prepare a return on investment analysis (consistent with the client’s preferred evaluation methods based on agreed upon Economic Criteria noted below). H. SitelogIQ will provide budgetary construction costs estimates and a summary Scope of Work for all recommended ECMs. Cost estimates will represent a “turnkey” solution. Refer to Attachment A for the list of discussed potential ECM’s to be evaluated. I. The results will be presented to client as a recommended Scope of Work and a financial proforma (such as a Cash Flow) which will include costs and energy savings for the next 25 years with escalation of no more than 6% and including future maintenance & repair costs. As a result, True Cost of Ownership is presented to the client for their review and consideration. Client Responsibilities: In order for SitelogIQ to provide the services described in this LOA, the Client agrees to provide (or cause its energy suppliers to provide) SitelogIQ with the data requested in Attachment B. In addition, Client shall execute Attachment C (“Utility Authorization Form”) to provide access to Client’s Utility account information. Development Efforts: Client acknowledges that SitelogIQ will incur considerable expense in developing the Project. This expense includes the cost to by SitelogIQ’s development team, the cost to visit the Site, and the cost to prepare the financial proforma. SitelogIQ is acting hereunder as an independent contractor and not as an agent or employee of the Client. SitelogIQ shall not represent or otherwise hold out itself or any of its directors, officers, partners, employees, or agents to be an agent or employee of the Client. Ownership of Work: All work products, including all proforma’s, schedules, and scope of work documentation provided by SitelogIQ, will only become the property of the Client upon execution of a binding, irrevocable contract between the Client and SitelogIQ for the implementation of the ECMs proposed by SitelogIQ. Notwithstanding the foregoing, to the extent that any tangible work documentation produced by SitelogIQ contains SitelogIQ’s pre-existing materials (including but not limited to templates, forms, and other SitelogIQ -created materials), SitelogIQ will remain the sole and exclusive owner of all such pre-existing materials. 178 3 Interconnection Application: If applicable, SitelogIQ may request important Distribution System information from the local utility regarding planned solar interconnection points, prior to submitting an Interconnection Application during construction of a Solar Generation PV Array. The purpose is to avoid or address early in the design phase any existing utility infrastructure that may prohibit or delay the construction of a Solar Generation PV Array at any of the listed locations below. • Rolling Hills Community Association - 1 Portuguese Bend Rd, Rolling Hills, CA 90274 • City Hall - 2 Portuguese Bend Rd, Rolling Hills, CA 90274 Complete Interconnection Application Report: Provides a readily available level of Distribution System data. Development Fee: SitelogIQ will develop the Project for the firm, fixed fee of $28,500. If applicable, Fee assumes one interconnection submittal and one review with the utility. New NEM 3.0 interconnection guidelines and available grid capacity may require additional submittals and interconnection Fees up to $3,500 per site (not included in the Service Fee). Any additional fees will be passed through to client. In the event that the Client enters into a contract with SitelogIQ for the implementation of the ECMs within 60 days after presenting the Proposal, then SitelogIQ’s Fee to develop the Proposal will be waived. If the Client enters into a contract with SitelogIQ at a later date, the Development Fee paid by the Client will be credited toward the project’s total implementation cost. If SitelogIQ cannot meet the Economic Criteria Client will not compensate SitelogIQ for its LOA fee. Economic Criteria: The Client has represented to SitelogIQ that Client agrees to move forward with the project if the project is shown to reduce the operational expenses at the site over the useful life of the project. The main financial objectives of the project are as follows: 1. Provide a self-funded program, which pays for itself through expense reductions and minimizes the Client’s contribution and meets the requirements of California Government Code 4217.10 et seq.(Remove for C&I or outside CA) This LOA shall be construed and enforced in accordance with the laws of the State of California without regard to principles of conflicts of law. 179 4 If you agree with the provisions set forth in this LOA, kindly sign and date the LOA below and return one fully-executed copy to my attention. Thank you again for providing SitelogIQ with the opportunity to work on this important initiative. Acceptance of Letter of Agreement This agreement is between The City of Rolling Hills and SitelogIQ, Inc. Client: SitelogIQ Name: Name: Title: Title: Date: Date: 180 5 Attachment A: Potential Facility Improvement, Energy Conservation, Energy Generation, and Energy Management Measures to be considered 1. Exterior Lighting Retrofits 2. Solar-Photovoltaic systems 3. Energy storage 4. Microgrid for Resiliency 5. Electric Vehicle Charging 181 6 Attachment B: Pre-audit Information Request # Must Have Nice to Have Utility Information 1 Gas, Water, Oil, Other: Utility supplier and contact all data in excel format; 3 to 5 years. Customer Access through Utility API. 2 Summary of monthly usage and cost (1 year minimum, 3 years preferred) Utility Rate structures 4 What are the interconnection or other major electrical codes that we need to be aware of, e.g., for islanding from the utility, for connecting to a substation, etc. Utility Meters: main & sub-meters- layout drawing, locations, areas they feed 5 What is the power rating of equipment (Volts, Amps, Hz)? Facility Information 1 Age, Total building area (sq. feet.), Conditioned Area, window area, number of rooms, common facilities Roof type & age, window type & age, any window films, etc? 2 Operation schedule, monthly occupancy data 3 Complete set of building plans (original & as-builts); at a minimum, overall architectural plan, main mechanical schedule, electrical single-line diagram; Please scan & pdf all the building as-built drawings. 4 Any problems regarding guest comfort (humidity, hot/cold areas, mold, etc.) Equipment Maintenance logs & schedule (indicate recurring problems) 5 Any major renovation projects in the last 3 years? Or plans to renovate Air balance report, Facility Assessment Plan 182 City of Rolling Hills Renewable & Reliency February 28, 2023 City of Rolling Hills Energy & Resiliency Program 183 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. 184 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 3185 Proprietary and Confidential WHY ARE CITIES IMPLEMENTING ENERGY PROGRAMS? 4186 Proprietary and Confidential CITY GOAL’S 5 Quality of Life Seen as Forward Thinking Resilient Sustainability ________________________________________ ________________________________________ _______________________________________ 187 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. 188 Proprietary and Confidential ENERGY STORAGE + EV CHARGING DEPLOYMENT •Potential challenge: limited capacity •Energy Storage •Grid reinforcement •Demand management •Vehicle to Grid (V2G) •Distributed resiliency 7189 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 190 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 ________________________________________ ________________________________________ _______________________________________ 191 Proprietary and Confidential ROADMAP TO RESILIENCY 10 Microgrid Assessment & Implementation Plan Funding Opportunities Assessment Stakeholder Workshop 192 Thank You Josh Steeber Local Government Relations Executive M 949.432.0689 E josh.steeber@sitelogiq.com 193 Agenda Item No.: 11.C Mtg. Date: 06/12/2023 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:APPROVE A WITHDRAWAL FROM REQUEST FOR TIME SCHEDULE ORDER FOR MACHADO LAKE TOTAL MAXIMUM DAILY LOADS FROM LOS ANGELES REGIONAL WATER QUALITY CONTROL BOARD DATE:June 12, 2023 BACKGROUND: In June 2017, the City of Rolling Hills prepared and submitted for Regional Board staff review a combined implementation plan to satisfy the implementation planning requirements for both the Machado Lake Nutrient and Pesticides & Polychlorinated Biphenyls (PCBs) and the Dominguez Channel and Greater Los Angeles and Long Beach Harbor Waters Toxic Pollutants Total Maximum Daily Loads (TMDLs) established by the Regional Board, and also to support attainment of water quality objectives for the Santa Monica Bay TMDLs. TMDL represents the maximum amount of a pollutant that a body of water can receive without violating water quality standards. This plan was developed to meet the TMDL implementation planning requirements since the City had not participated in the Palos Verdes Peninsula Enhanced Watershed Management Program (EWMP) due to limited public infrastructure and lack of opportunities for regional projects within the City of Rolling Hills. The request for a Time Schedule Order (TSO) for Machado Lake began in 2018 was the first request for the Machado Lake Nutrient TMDL. In 2021, the request was updated into a combined request for the Machado Lake Nutrients and Pesticide & PCBs TMDL and the City of Rolling Hills has since joined the Peninsula EWMP. Due to changes with control measure implementation, the Regional Board requested the Palos Verdes Peninsula Water Management Group (WMG) which oversees the Peninsula EWMP to either withdraw or provide an update of the TSO request for the Machado Lake Nutrient TMDL and the Machado Lake Toxics TMDL. Rolling Hills participated in both of those requests with involvement from the City Council. 194 Rolling Hills continued in the TSO request until the Regional Board approved the updated Peninsula EWMP demonstrating Rolling Hills retains the 85th percentile, 24-hour runoff volume. Each of the requests were submitted shortly before the final deadlines for compliance for each of those respective TMDLs. Both TMDLs for Machado Lake are now past-due. The attached letter is a request withdrawing the City from participation in the joint request for Time Schedule Order (TSO) by the Peninsula WMG. The Peninsula Group has not yet moved forward on revising the TSO request to address Regional Board comments. DISCUSSION: The withdrawal letter has been prepared to notify the Los Angeles Water Quality Control Board (LA Water Board) of the City's desire to withdraw from the joint request for a TSO for the Machado Lake Nutrients and Pesticides TMDLs previously submitted by the Peninsula WMG. The City is demonstrating compliance with final water quality-based effluent limits (WQBELs) and receiving water limitations through deemed compliance via retention of all conditionally exempt, non-essential non-stormwater and stormwater runoff up to and including the volume equivalent to the 85th percentile, 24-hour rain event for its drainage areas tributary to Machado Lake as provided for in Order R4-2021-0105 Part X.B.2.b.iii. The City is also implementing its required actions and schedules in the approved Peninsula WMG Program in accordance with the conditions of approval provided by the LA Water Board. The Peninsula WMG has received comments from the LA Water Board on the second combined request last year indicating that the information in the request is insufficient to allow issuance of the TSO. The Peninsula Group is going to be submitting a revised request sometime in the next couple of months to try to ‘cure’ the objections of LA Water Board staff to try to arrive at something they can approve. Now that the City of Rolling Hills has received deemed compliance with the Machado Lake TMDLs via its retention of the 85%, 24-hr storm runoff with the Watershed Management Program conditional approval, it no longer needs a TSO, so the appropriate time to withdraw its request is anytime up to when the Peninsula WMG submits the revised request. FISCAL IMPACT: None. RECOMMENDATION: Approve as presented. ATTACHMENTS: PW_MS4_TSO_RollingHillsWithdrawalTSORequest_D.pdf PW_MS4_221019__LARWQCB_PVP_WMP_TSO_ConditionalApproval.pdf PW_MS4_220317_LARWQCB_PVP_WMG_TSO_Review_Letter.pdf 195 INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377‐1521 FAX (310) 377‐7288 June 13, 2023 Susana Arredondo, Executive Officer California Regional Water Quality Control Board Los Angeles Region 320 W. 4th Street, Suite 200 Los Angeles, CA 90013 Via email: MS4stormwaterRB4@waterboards.ca.gov Attention: Dr. LB Nye (LB.Nye@waterboards.ca.gov) Ivar Ridgeway (Ivar.Ridgeway@waterboards.ca.gov) Subject: Withdrawal from Request for Time Schedule Order for Machado Lake TMDLs Dear Ms. Arredondo: The City of Rolling Hills (Rolling Hills or City) is respectfully transmitting this letter to notify Los Angeles Regional Water Quality Control Board (LA Water Board) staff of its desire to withdraw from the joint request for a Time Schedule Order for the Machado Lake Nutrients and Pesticides & PCBs TMDLs previously submitted by the Palos Verdes Peninsula Watershed Management Group. The City is demonstrating compliance with final WQBELs and receiving water limitations through deemed compliance via retention of all conditionally exempt, non-essential non-stormwater and stormwater runoff up to and including the volume equivalent to the 85th percentile, 24-hour rain event for its drainage areas tributary to Machado Lake as provided for in Order R4-2021-0105 Part X.B.2.b.iii. The City is also implementing its required actions and schedules in the approved Palos Verdes Peninsula Watershed Management Program in accordance with the conditions of approval in the LA Water Board staff letter dated October 19, 2022. Please contact John Signo or me at 310-377-1521 or via email (EJeng@CityofRH.net and JSigno@CityofRH.net ) if you have any questions. Sincerely, Elaine Jeng, P.E. City Manager 196 197 198 199 200 201 202 203 204 205 206 207 Agenda Item No.: 11.D Mtg. Date: 06/12/2023 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:ALAN PALERMO, PROJECT MANAGER THRU:ELAINE JENG P.E., CITY MANAGER SUBJECT:APPROVE A SECOND AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH NV5 TO ADDRESS THE UTILITY CONFLICT IDENTIFIED IN THE DOWNSTREAM SEWER MAIN AS A PART OF THE 8" SEWER MAIN LINE ALONG PORTUGUESE BEND ROAD/ROLLING HILLS PROJECT. DATE:June 12, 2023 BACKGROUND: The City released a Request for Proposal and engaged the services of NV5 in 2020 to provide engineering design for the 8" sewer main along Portuguese Bend Road/Rolling Hills Road. Since the commencement of the design work, NV5 has met the 65% design, 90% design, and the 100% design milestones. This proposed sewer main crosses several jurisdictions and approval from each jurisdiction is necessary before the project is deemed complete. The additional jurisdictions reviewing the plans are Rolling Hills Estates and City of Torrance. During the review process for the construction documents, the City of Torrance made several requests requiring additional design services in order to approve the plans. The additional design services are necessary to obtain approval from the City of Torrance and proceed to the construction phase of this project. A proposal to amend NV5's PSA was presented to City Council April 25, 2022 at which time City Council directed staff to look at bifurcating the project into phases and identify options to do so. Phase 1 would include the new 8-inch downstream sewer improvements in Rolling Hill and Rolling Hills Estates needed to connect Rolling Hills City Hall, RHCA Building, Main Gatehouse, and Tennis Courts to the existing public sewer system in Rolling Hills Estates. Phase 2 would involve the downstream sewer improvements in the City of Torrance (upsizing existing sewer) along Rolling Hills Road from Lariat Lane to Crenshaw Boulevard. Per the City Council's direction at the April 25, 2022 meeting, staff confirmed with the cities of Rolling Hills Estates and Torrance as well as LACDPW that the proposed 8-inch sewer main along Portuguese Bend Road/Rolling Hills could be phased as previously described on the condition that the Sanitary Sewer Improvement Feasibility Study prepared by Willdan 208 Engineering be updated. All agencies wanted to confirm that the existing sewer main lines in Rolling Hills Estates and the City of Torrance have the capacity to accept effluent from the City Hall campus and the Tennis Courts (Phase 1) without upsizing downstream segments. In accordance with the City Council's direction to phase the project, in September 2022, NV5 provided a proposal to bifurcate the 8" Sewer Main Improvement Plans and update construction documents for Phase I only. This effort includes updating the construction documents to reflect only Phase I improvements and includes construction support, record drawing preparation, and optional service to design the sewer connection to City Hall and Rolling Hills Community Association building. In order to pursue grants to construct Phase 1 of the project, a set of completed construction document ready to be advertised for bids is necessary. The City Council decided not to use General Fund revenues or reserves and directed staff to pursue grant funds for the construction of the project. At the January 23, 2023 City Council meeting, the Council directed staff to prepare an amended professional Service agreement with NV5 in the amount of $23,670. DISCUSSION: City staff has requested a proposal from NV5 to update construction documents for Phase II of the Sewer Main Improvement Project. Phase II of the project involves upsizing existing sewer mains within the jurisdiction of the City of Torrance to accommodate future flows from Rolling Hills. In the process of obtaining approval from the City of Torrance, NV5 advised city staff that there could be an utility conflict with the upsizing of the existing sewer line. The City of Torrance requested field information on the utility conflict as a part of their review of the city's improvement plans. To address the utility conflict, NV5 proposed to pothole to have accurate information on existing utility. To date, and to minimize design cost, NV5 has been using record drawings of past projects. NV5 will use the site information to mitigate the utility conflict. NV5 estimated $104,000 for the additional work. This effort includes budget for potholing, traffic control plans, updating the plans based on utility locations confirmed during the potholing, and an optional budget to relocate a waterline is required. In 2022, city staff applied for construction funds for the 8" sewer main project through Congressman Ted Lieu's office. The project was not selected for funding. In 2023, city staff again applied for construction funds for the project and this time Congressman Lieu's office worked to submit the project to the Appropriations Committee for consideration. Congressman Lieu's office is hopeful that the project will receive funding through the Community Funding Program for $1.8M. In preparation for construction with funds from Congressman Lieu's office, staff recommends that the City Council approve the current amendment with NV5 to complete the design of Phase II of the 8" Sewer Main Line along Portuguese Bend Road/Rolling Hills Road project. FISCAL IMPACT: The sewer studies completed by Willdan cost $63,417, including the two Will Serve letters from the Los Angeles County Sanitation District, and the recent supplemental sewer study to bifurcate the project into two phases. To date, the City Council approved $104,886 of design fee for NV5 for the 8" Sewer Main Line along Portuguese Bend Road/Rolling Hills project. Combined, the city has invested $168,303 into the project. If the City Council approves staff's recommendation, NV5's fee of $104,000 will be funded using General Fund Reserves. 209 RECOMMENDATION: Approve as presented. ATTACHMENTS: CA_AGR_200929_NV5_8inchSewerLineProject_E.pdf CA_AGR_230213_NV5_8inchSewerLineProject_1stAmendment_NV5_E.pdf 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 Agenda Item No.: 12.A Mtg. Date: 06/12/2023 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:ACCEPT EMERGENCY STORM DRAIN REPAIRS AND LINING AT OR NEAR 1 MIDDLERIDGE LANE SOUTH TO 3 MIDDLERIDGE LANE NORTH AS COMPLETE, FILE NOTICE OF COMPLETION WITH THE LOS ANGELES COUNTY RECORDER'S OFFICE, AND RELEASE RETENTION AFTER 30 DAY LIEN PERIOD TO EC CONSTRUCTION DATE:June 12, 2023 BACKGROUND: The December 2021 rainstorms caused three sinkholes on Middleridge Lane, North and South. Working with the Los Angeles County Department of Public Works to address the sinkholes, the department found a 1972 signed agreement between the Los Angeles County Flood Control District and Rolling Hills noting that the City is responsible for the maintenance of a storm drain line along Middleridge Lane North and South. The sinkholes, located adjacent to the roadway on Middleridge Lane South, were caused by breaks in the subject storm drain line as with the sinkhole on 1 Middleridge Lane North. The City made emergency repairs on three areas of the storm drain system between February and April 2022. In September 2022, staff was alerted to another section at 3 Middleridge Lane North creating safety issues on private property and the City Council directed staff to address via emergency repairs as well. That project was officially accepted as completed during the December 13, 2022 City Council meeting. Staff was notified over the weekend of January 14, 2023 that another sinkhole had developed adjacent to 1 Middleridge Lane South just south of the repaired segments from January 2022. On Wednesday, January 18, 2023, staff met on site with the City contracted inspector from Onward Engineering to evaluate the situation. Staff also provided the inspector with documentation and pipeline video from LA County Department of Public Works (LACDPW.) On January 23, 2023, the City Council directed staff to have EC Construction (ECC) provide repair proposal to address the sinkholes that developed over the weekend of January 14, 2023. The City Council also directed staff to engage Onward Engineering to provide 242 recommendations using the CCTV data to properly maintain the entire drainage system and to request the Rolling Hills Community Association to cover the sinkholes. On January 30, 2023, LACDPW made the following comment in the City Service Request portal based on their initial and preliminary evaluation of the previous video inspection. It read as such: "Upon reviewing the provided videos and reports, we recommend replacing the 18" corrugated metal pipe with reinforced concrete pipe and rehabilitating the remaining 24" and 36" corrugated metal pipes. The fee for a detailed recommendation is $10,000 and would require two weeks to produce after confirmation of funding received." On February 13, 2023, the City Council directed staff to work with ECC to bring back an agreement and resolution for the 600 linear square feet of lining; and request that a representative from ECC attend the February 27, 2023 meeting. On February 27, 2023, the City Council directed staff to authorize the video of the drainage system and the City Manager to execute a professional services agreement with a not-to- exceed amount of $3,300; and bring back a report and revised estimates for repairs. On March 13, 2023 the City Council accepted the Bid Proposal from EC Construction, adopted Resolution No. 1327 approving emergency work, adopted Resolution No. 1328 authorizing a budget modification of $450,742.50 (including a 10% contingency), directed the City Attorney to finalize a construction contract, authorized the City Manager to execute, and found the same exempt from CEQA. DISCUSSION: EC Construction completed the project during the week of May 22, 2023. The work originally described in ECC's estimate (see attached) to repair the issue was as follows: 1. Excavate, remove soil and collapsed 24” CMP at 3 locations. 2. Install new 24” CMP and backfill with clean soil at 3 locations, 20 LF @ each location, total 60 LF. 3. Clean and dispose of all trash and debris from exiting storm drain line approx. 740 LF. 4. Install sand slurry and sand bags to fill in void at bottom of existing CMP approx 740 LF. 5. Install CIPP liner to entire CMP storm drain system along 1 Middleridge S, approx. 820 LF. This includes all laterals under the street. 6. Provide flag men and traffic control. 7. Restore trail areas and landscaping at entry and exit pits required for pipe lining. EC Construction only needed to make point repairs at one location instead of three, creating a savings from the estimated amount. FISCAL IMPACT: The repair to the storm drain line was an unexpected expense and not budgeted in the FY 2022-2023 adopted budget. The final cost was $363,350.00. RECOMMENDATION: Approve as presented. 243 ATTACHMENTS: PW_DRA_230307_MiddleridgeLnNS_ECC_CompleteFix_Lining_Estimate.pdf PW_DRA_230523_MiddleridgeLnNS_ECC_Invoice_CP.pdf PW_DRA_230606_MiddleridgeLnNS_ECC_NoticeOfCompletion_D.pdf 244 BID PROPOSAL AND CONTRACT 2213 CHICO AVE./SO. EL MONTE, CA 91733 Phone: (626) 444-9596 Fax: (626) 444-3077 California Contractors License #366814 DATE: 3/7/2023 TO City of Rolling Hills JOB ADDRESS 2 Portuguese Bend Rd Rolling Hills, CA 90274 1 Middleridge Lane S We agree to furnish all labor, materials, equipment and supervision necessary to complete the f ollowing: STORM DRAIN REPAIRS & LINING 1. Excavate, remove soil and collapsed 24” CMP at 3 locations. 2. Install new 24” CMP and backfill with clean soil at 3 locations, 20 LF @ each location, total 60 LF. 3. Clean and dispose of all trash and debris from exiting storm drain line approx. 740 LF. 4. Install sand slurry and sand bags to fill in void at bottom of existing CMP approx 740 LF. 5. Install CIPP liner to entire CMP storm drain system along 1 Middleridge S, approx. 820 LF. This includes all laterals under the street. 6. Provide flag men and traffic control. 7. Restore trail areas and landscaping at entry and exit pits required for pipe lining. COST……$391,950.00 Exclusions: permits, inspection fees, SWPPP plan, engineering, survey, relocation of underground utilities, night or weekend work, concrete, asphalt repairs, and striping. The above described work will be performed in a workman like manner and in accordance with standard practices. TERMS: Unless credit arrangements have been made, in writing, in advance, the invoice for the work described herein is due and payable on presentation. 1 ½ % per month will be charged on a daily basis on all accounts or portions thereof not paid within 10 days of the date of the invoice. Customer agrees to pay reasonable attorney fees and collection costs incurred by E.C. Construction Co. for the collection of both principal and interest due to customer’s failure to pay per this agreement. Unless otherwise specified, if this proposal is not accepted within______30___________days from bid date, we reserve the right of cancellation. APPROVE AND ACCEPTED Respectfully Submitted, ___________________________ E.C. CONSTRUCTION CO. Date__________________20___ By_________________________ 245 246 247 248 (“President of,” “Manager of,” “A partner of,” “Owner of,” etc.) RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Name Street Address City & State SPACE ABOVE THIS LINE FOR RECORDER’S USE ONLY NOTICE OF COMPLETION Notice is hereby given that: 1.The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described: 2.The full name of the owner is 3.The full address of the owner is 4.The nature of the interest or estate of the owner is in fee. (If other than fee, strike “in Fee” and insert, for example, “purchaser under contract of purchase,” or “lessee”) 5.The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common are: NAMES ADDRESSES 6.A work of improvement on the property hereinafter described was completed on . The work done was: 7.The name of the contractor, if any, for such work of improvement was (If no contractor for work of improvement as a whole, insert “none”) (Date of Contract) 8.The property on which said work of improvement was completed is in the city of , County of , State of California, and is described as follows: 9.The street address of said property is (If no street address has been officially assigned, insert “none”) Dated: Signature of owner of corporate officer of owner named in paragraph 2 or his agent VERIFICATION I, the undersigned, say: I am the the declarant of the foregoing notice of completion; I have read said notice of completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed on , 20 , at , California. (Date of signature) (City where signed) (Personal signature of the individual who is swearing that the contents of the notice of completion are true) 249 Agenda Item No.: 12.B Mtg. Date: 06/12/2023 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:ACCEPT THE DEMOLITION PACKAGE FOR: STANDBY GENERATOR REMOVAL, WATERPROOF REMOVAL, & ELECTRICAL SERVICES PROJECT #2023-02 AS COMPLETE, DIRECT STAFF TO FILE THE NOTICE OF COMPLETION WITH THE LOS ANGELES COUNTY RECORDER'S OFFICE, AND RELEASE RETENTION AFTER 30 DAY LIEN PERIOD TO UNLIMITED ENVIRONMENTAL, INC. DATE:June 12, 2023 BACKGROUND: The emergency standby generator was outdated and no longer functioning properly. Over the past five years City staff had enlisted several maintenance firms to service the existing generator. The existing emergency standby generator was at the end of its life cycle and the City was looking to replace the existing equipment with a new emergency standby generator. Repair activities for the current generator was presented to the City Council on October 26, 2020. Based on the information provided, the City Council directed staff to seek professional expertise to assist staff with unit replacement. At the January 11, 2021 City Council meeting, City Council approved an amended agreement with Pacific Architecture and Engineering Inc. to assess the existing standby generator for the City Hall campus, provide a report on their findings, and discuss options to replace the existing non-working standby generator. The draft of the Standby Generator Assessment Report was delivered to the City on April 21, 2021. Pacific Architecture and Engineering, Inc. met with City staff on April 30, 2021 to review and discuss the report and findings. The Final Report was updated and submitted to the City on May 5, 2021 and City Staff presented to City Council on May 10, 2021. In summary, The report identified the parameters and constraints for the replacement standby generator/system Based on review of the prior 12 months electric bills, determined the existing 75 kw could be replaced with an equivalent sized system that would sufficient for the current building loads (City Hall and Rolling Hills Community Association (RHCA) Building). The existing structure housing the generator does not comply with current code requirements for clearances and has water intrusion with water collecting in the fuel moat with the potential infiltrate into the electrical system and cause damage. This building would 250 need to be removed, replaced, or repaired for repurposing. The report presented to City Council on May 10, 2021 provided 3 Options for consideration and an interim solution. City Council raised numerous questions about the report during the May 10, 2021 meeting and moved to continue this item to a future meeting pending responses to questions raised. Pacific Architecture and Engineering Inc. provided responses to the list of questions generated. The questions and responses were reviewed and discussed at the May 24, 2021 City Council meeting. At the May 24, 2021 meeting City Council directed staff to: 1) Pursue the Solar Option to replace the existing Emergency Standby Generator, and; 2) Consider leasing portable generator to provide emergency standby power until the Solar option is designed and installed, and; 3) Verify the portable generator could connect to the existing Automatic Transfer Switch (ATS), and; 4) Remove the existing non-functioning emergency standby generator, and: 5) Repair the water intrusion problem at the existing generator structure repaired. At the June 14, 2021 City Council meeting, City Council approved the second amendment to the contract with Pacific Architecture and Engineering Inc. for design services required to address the direction provided by City Council. At the November 22, 2021 City Council Meeting staff presented Pacific Architecture and Engineering Inc's prepared plans and specifications for the demolition (removal) of the existing emergency generator and to address the water intrusion problem at the existing generator structure. Those plans and specifications were ready to put out to bid. In January, 2022, The City released a Notice Inviting Sealed Bids for this project with a closing date of February 9, 2022. There were no responsive bidders at closing. On January 31, 2023, the City officially released the Demolition Package for: Standby Generator Removal, Waterproof Removal, & Electrical Services Project # 2023-02 Bid and posted it on the City's website. On February 2nd and 9th, 2023, the City published the Request for Bid in a local newspaper as mandated by the State Public Contract Code. On February 16, 2023, the City hosted an optional job walk for interested bidders. Project Manager Alan Palermo was on site to facilitate the walkthrough. On February 28, 2023, the City received two (2) sealed bids at the 1pm Bid Closing via FedEx. On March 13, 2023, the City Council awarded a construction contract to Unlimited Environmental, Inc. (UEI), adopted Resolution No. 1330 authorizing a budget modification in the amount of $60,170 (including 10% contingency), directed the City Attorney to finalize a construction contract, authorized the City Manager to execute, and found the same exempt from CEQA. DISCUSSION: UEI started the project on Friday May 5, 2023 and completed their work on Tuesday, May 16, 2023. It was determined during the course of work that no water proofing would be required since the soil surrounding the shed had already been removed and graded level with the foundation. As a result, the city received a credit on the original estimate of $54,700.00. 251 FISCAL IMPACT: The removal of the Standby Generator was not considered in the FY 2022-2023 adopted budget and was funded from a transfer of available General Fund reserves. The final project cost was $53,176.00. RECOMMENDATION: Approve as presented. ATTACHMENTS: CL_BID_230605_2023-02_UEI_Invoice01.pdf CL_BID_230605_2023-02_UEI_CP.pdf CL_BID_230606_2023-02_UEI_NoticeOfCompletion_D2.pdf 252 AIA Type Document Ap plication and Certification for Payment Page 1 of 2 AR CHITECT'S CERTIFICATE FOR PAY MENT(Line 4 less Line 5 Total) Application is made for Payment, as shown below, in connection with the Contract. Continuation Sheet, AIA Type Document is attached. Application is made for Payment, as shown below, in connection with the Contract. Continuation Sheet, AIA Type Document is attached. b. __________% of Stored Material a. __________% of Completed Work 2,658.80 50,517.20 0.00 50,517.20 2,658.80 0.00 5.00 53,176.00 0.00 2,658.80 53,176.00 0.00 53,176.00 PROJECT: CONTRACTOR'S APPLICATION FOR PAY MENT CONTRACTOR: By:Date: Bernice Antimo /Controller State of:CA County of:Los Angeles Subscribed and Sworn to before me this Day of 20 Notary Public: My Commission Expires : AM OUNT CERTIFIED . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ CHANGE ORDER SUMMARY ADDITIONS DEDUCTIONS ARCHITECT: This Certificate is not negotiable. The AMOUNT CERTIFIED is payable only to the Contractor named herein. Issuance, Payment and acceptance of payment are without prejudice to any rights of the Owner or Contractor under this Contract. CONTRACT DATE:CONTRACT FOR: TO (OWNER):City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, CA 90207 2300 E Curry St Building B Long Beach , CA 90805 RollingHills Standby Generator 1. ORIGINAL CONTRACT SUM . . . . . . . . . . . . . . . . . . . . $ 2. Net Change by Change Orders . . . . . . . . . . . . . . . .$ 3. CONTRACT SUM TO DATE (Line 1 + 2). . . . . . . . . . .$ 4. TOTAL COMPLETED AND STORED TO DATE . . . . . .$ 5. RETAI NAGE: $ $ To tal retainage (Line 5a + 5b) . . . . . . . . . . . . . . . . . . . .$ 6. TOTAL EARNED LESS RETAI NAGE . . . . . . . . . . . . . .$ 7. LESS PREVIOUS CERTIFICATES FOR PAY MENT (Line 6 from prior Certificate) . . . . . . . . . . . . . . . . . . . . .$ 8. CURRENT PAY MENT DUE . . . . . . . . . . . . . . . . . . . . . $ 9. BALANCE TO FINISH, INCLUDING RETAI NAGE (Line 3 less Line 6) $ DISTRIBUTION TO: _ OWNER _ ARCHITECT _ CONTRACTOR In Accordance with the Contract Documents, based on on-site observations and the data com- prising the above application, the Architect certifies to owner that to the best of the Architect's knowledge, information and belief the Work has progressed as indicated,the quality of the work is in accordance with the Contract Documents, and the Contractor is entitled to payment of the AMOUNT CERTIFIED. TOTALS NET CHANGES by Change Order To tal changes approved in previous months by Owner 0.00 0.00 0.00 0.00 0.00 0.00 0.00 To tal approved this Month The Undersigned Contractor certifies that to the best of the Contractor's knowledge, information and belief the work covered by this application for Payment has been completed in accordance with the Contract Documents, that all amounts have been paid by the Contractor for Work for which previous Certificates for Payment were issued and payments received from the owner, and that current payment shown herein is now due. (Attach explanation if amount certified differs from the amount applied. Initial all figures on this Application and on the Continuation Sheet that are changed to conform to the amount certified.) By: Date: 22-132-1 5/31/2023 PERIOD TO: APPLICATION NO: FROM (CONTRACTOR): 2300 E Curry St Building B Long Beach , CA 90805 VIA (ARCHITECT):AR CHITECT'S PROJECT NO: Unlimited Environmental Inc. Unlimited Environmental Inc. 05/31/23 253 AIA Type Document Ap plication and Certification for Payment Page 2 of 2 TO (OWNER):City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, CA 90207 PROJECT:AP PLICATION NO:22-132-1 PERIOD TO:5/31/2023 CONTRACT FOR: ITEM DESCRIPTION SCHEDULE VAL UE PREVIOUS AP PLICATIONS COMPLETED THIS PERIOD STORED MATERIAL COMPLETED STORED %BALANCE RETAI NAGE RollingHills Standby Generator FROM (CONTRACTOR): 2300 E Curry St Building B Long Beach , CA 90805 ARCHITECT'S PROJECT NO: DISTRIBUTION TO: _ OWNER _ ARCHITECT _ CONTRACTOR VIA (ARCHITECT): CONTRACT DATE: Unlimited Environmental Inc. 100.0054,700.00 0.00Standby Generator Demolition and Electrical 1 54,700.00 0.00 0.00 54,700.00 2,735.00 100.00-1,524.00 0.00Credit for no water proofing2 -1,524.00 0.00 0.00 -1,524.00 -76.20 REPORT TOTAL S $53,176.00 $0.00 $53,176.00 $0.00 100.00 $0.00 $2,658.80$53,176.00 254 NOTICE: THIS DOCUMENT WAI VES THE CLAIMANT'S LIEN, STOP PAY MENT NOTICE, AN D PAY MENT BOND RIGHTS EFFECTIVE ON RECEIPT OF PAY MENT. A PERSON SHOULD NOT RELY ON THIS DOCUMENT UNLESS SATISFIED THAT THE CLAIMANT HAS RECEIVED PAY MENT. Identifying Information Name of Claimant:Unlimited Environmental Inc. Name of Customer: City Of Rolling Hills Job Location: Rolling Hills Standby Generator Owner: Through Date: 05/31/2023 Conditional Waiver and Release This document waives and releases lien, stop payment notice, and payment bond rights the claimant has for labor and service provided, and equipment and material delivered, to the customer on this job through the Through Date of this document. Rights based upon labor or service provided, or equipment or material delivered pursuant to a written change order that has been fully executed by the parties prior to the date that this document is signed by the claimant, are waived and released by this document, unless listed as an Exception below. This document is effective only on the claimant's receipt of payment from the financial institution on which the following check is drawn: Maker of Check: City Of Rolling Hills Amount of Check: $50,517.20 Check Payable to:Unlimited Environmental Inc. Exceptions This document does not affect any of the following: (1) Retentions. (2) Extras for which the claimant has not received payment. (3) The following progress payments for which the claimant has previously given a conditional waiver and release but has not received payment: Date(s) of waiver and release: Amount(s) of unpaid progress payment(s): $ (4) Contract rights, including (A) a right based on rescission, abandonment, or breach of contract, and (B) the right to recover compensation for work not compensated by the payment. Signature Claimant's Signature: Claimant's Title: Date of Signature: 7/1/12 CONDITIONAL WAIVER AND RELEASE ON PROGRESS PAY MENT Controller 05/31/23 255 256 Agenda Item No.: 12.C Mtg. Date: 06/12/2023 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:CONSIDERATION AND APPROVAL TO AWARD A CONSTRUCTION CONTRACT TO BENNETT LANDSCAPE FOR REPLACEMENT OF THE THREE RAIL FENCE ALONG PORTUGUESE BEND ROAD BRIDLE TRAIL ADJACENT TO CITY HALL; ADOPT BY RESOLUTION NO. 1336 AUTHORIZING A BUDGET MODIFICATION OF $26,724.50; DIRECT THE CITY ATTORNEY TO FINALIZE A CONSTRUCTION CONTRACT; AUTHORIZE THE CITY MANAGER TO EXECUTE; AND FIND THE SAME EXEMPT FROM CEQA DATE:June 12, 2023 BACKGROUND: At the August 22, 2022 City Council Meeting, representatives from the Women's Club Beautification Committee spoke during public comment regarding the roses and fencing along Portuguese Bend Road at the City Hall Campus. Mayor Black requested that an agenda item be brought forth at the next meeting. At the September 12, 2022 City Council meeting, the Council directed staff to have discussions with the Rolling Hills Community Association (RHCA) regarding the timing of the fence removal, create a request for proposal (RFP) for vinyl fencing replacement, and bring back the RFP at the next meeting for Council approval. The three-rail fence was removed the week of September 12 by RHCA per previous staff requests. City staff was also in the process of a Landscaping Maintenance RFP and awaiting responses. Staff believed it would be prudent to finalize the Landscaping RFP process and interviews since concerns were expressed over the plantings and irrigation in the same area which inadvertently led to the rotting of the wood fencing. At the October 24, 2022 City Council meeting, staff made a recommendation for a new Landscaping Maintenance partner, who discussed in detail during an interview the following concerns that should be considered: Outdated irrigation system with incorrect nozzles/spray heads for the pathway adjacent 257 vegetation that contributed to the fence deterioration. Improper rose bush maintenance over the years has led to a scenario where they had grown too tall, outlived their useful life span and required replacement and subsequent proper maintenance. Staff had observed the use of the pathway in the previous month and anecdotally seen no issues with equestrian or pedestrian passage which was a stated concern for replacing the fencing. Staff recommended taking more time to evaluate the need for a fence replacement and instead explore the more pressing need for the campus existing irrigation system upgrades and subsequent update of the plant palette along Portuguese Bend Road. Once staff had a new landscape provider, it would work collaboratively with them and bring back recommendations to the Council. The City Council voted to receive and file with City Council comments made that evening to be taken into consideration by staff. Council comments included consideration of ongoing costs of roses, what could be planted aside from roses, the idea of considering landscaping after a new fence was installed, and the need to make decisions that would avoid future unfunded expenses. At the November 14, 2022 City Council meeting, Bennett Landscaping was selected as the service provider for the City Hall Campus. The service agreement was fully executed in January 2023. At the February 13, 2023 City Council meeting, members of the Women's Club Beautification Committee spoke during Public Comment on Non-Agenda Items and expressed their continued interest in replacing the three-rail fence and use of white climbing roses as part of the forthcoming new landscape design. Mayor Wilson requested that this item be agendized for the next meeting. At the February 27, 2023 City Council meeting, the City Council directed staff to get bids for the replacement of the three-rail fence between the City Hall parking lot entrance and Palos Verdes Drive North. To address the replacement of the three-rail fence in a timely manner, staff initially prepared a Request for Proposals to have a shorter turnaround. Upon further discussion with the City Attorney, the project was deemed a construction project and an official Request for Bids was released and publicly noticed the week of May 3, 2023. The selected proposer will be required to furnish all materials, equipment, tools labor, and incidentals as required by the Bid and contract documents. The general items of work include removal of existing fence footings and installing new equestrian 3 rail White Vinyl fencing for the equestrian path adjacent to Portuguese Bend Road. DISCUSSION: On May 3, 2023, the City officially released the Equestrian Fence Replacement Project # 2023-03 Bid and posted it on the City's website. On May 6th and 11th, 2023, the City published the Request for Bid in a local newspaper as mandated by the State Public Contract Code. On May 22, 2023, the City received three (2) sealed bids at the 2pm Bid Closing. Two bidders 258 were on site for the opening and reading of the bids. The order ranked the lowest responsive bid for work included are as follows: Bidder Address Amount Bennett Landscape 25889 Belle Porte Avenue Harbor City, CA 90710-3393 $24,295.00 Country Estate Fence Co. Inc.535 W. Rincon St. Corona, CA 92880 $10,123.41 Staff validated all bids received and determined that Bennett Landscape was the only responsive and responsible bidder. Staff recommendation is to award the construction contract to Bennett Landscape for $24,295.00 and allocate an additional $2,429.50 as a 10% contingency for a total of $26,724.50. ENVIRONMENTAL REVIEW The solicitation for bids did not constitute a Project as defined under the California Environmental Quality Act (“CEQA”). Further, the repair, replacement and installation of an Equestrian Fence at City Hall is exempt from CEQA pursuant to section 15301 of the CEQA Guidelines (Existing facilities) in that it will replace previously existing fencing at City Hall. Further, this action is exempt under section 15302 of the CEQA Guidelines as it consists of the replacement or reconstruction of existing structures and facilities on the same site as the replaced structures and facilities and will have the same purpose and capacity. FISCAL IMPACT: The replacement of the Equestrian Fence is an unexpected expense and not budgeted in the FY 2022-2023 adopted budget. As such, Council action is required to amend the budget and increase budgeted appropriations by $26,724.50 in the Capital Projects Fund which will be funded from a transfer of available General Fund reserves. The use of General Fund reserves for these purposes is consistent with City policy. COST: $26,724.50 includes 10% contingency. RECOMMENDATION: Approve as presented. ATTACHMENTS: CL_PBN_230503_NOB_2023-03_EquestrianFenceReplacement_Affidavit.pdf CL_BID_230522_2023-03_NC_BennettLandscape.pdf CL_BID_230522_2023-03_NC_CountryEstate.pdf ResolutionNo1336_BennettLandscape_FenceReplacement_BudgetAmendment.pdf CA_AGR_230612_BennettLandscape_2023-03_EquestrianFenceReplacement.pdf 259 CL_PBN_230503_NOB_2023-03 (5007827) - Page 1 of 1 2615 Pacific Coast Highway #329 Hermosa Beach, California 90254 (310) 543-6635 pfernandez@scng.com City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, California 90274 Account Number:5007827 Ad Order Number:0011601437 Customer's Reference/PO Number: Publication:Daily Breeze Publication Dates:05/06/2023 and 05/11/2023 Total Amount:$452.50 Payment Amount:$0.00 Amount Due:$452.50 Notice ID:qOppYVcyHbsd3kQRRU0e Invoice Text:Notice to Contractors Inviting Bids – City of Rolling Hills, CA NOTICE IS HEREBY GIVEN that sealed proposals for performing the following described work will be received at the office of the City Clerk of the City of Rolling Hills, 2 Portuguese Bend Road, Rolling Hills, California, until 2:00 P.M. on May 22, 2023 . Thereafter said bids will be publicly opened and read in the City Clerk's office of said City . Equestrian Fence Replacement, Project, Job No. 2023-03 Plans and specifications are only available from the City electronically. Paper copies are not available from the City. Bidders obtain plans, specifications, and bid documents by emailing the City Clerk at: cityclerk@cityofrh.net or downloading from the City website at: https://www.rolling- hills.org/business/construction_bids/index.php. All companies requesting project documents will be added to the Project Plan Holder List. Interested parties are encouraged to visit the site at their convenience to verify site conditions prior to submitting their proposal. The site of the project is in public areas and does not require any notification or permission from the City. Contact project manager, Alan Palermo, at 310-717-3244 or apalermo@gmail.com for questions regarding this project . CITY OF ROLLING HILLS, CALIFORNIA 260 CL_PBN_230503_NOB_2023-03 (5007827) - Page 1 of 1 Daily Breeze 2615 Pacific Coast Highway #329 Hermosa Beach, California 90254 (310) 543-6635 0011601437 City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, California 90274 PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA County of Los Angeles I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not party to or interested in the above-entitled matter. I am the principal clerk of the printer of Daily Breeze, a newspaper of general circulation, printed and published in the City of Hermosa Beach*, County of Los Angeles, and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of County of Los Angeles, State of California, under the date of June 15, 1945, Decree No. Pomo C-606. The notice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: 05/06/2023, 05/11/2023 I certify (or declare) under the penalty of perjury that the foregoing is true and correct. Dated at Hermosa Beach, California On this 11th day of May, 2023. ______________________________ Signature *Daily Breeze circulation includes the following cities: Carson, Compton, Culver City, El Segundo, Gardena, Harbor City, Hawthorne, Hermosa Beach, Inglewood, Lawndale, Lomita, Los Angeles, Long Beach, Manhattan Beach, Palos Verdes Peninsula, Palos Verdes, Rancho Palos Verdes, Rancho Palos Verdes Estates, Redondo Beach, San Pedro, Santa Monica, Torrance and Wilmington 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 RESOLUTION NO. 1336 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS. CALIFORNIA AUTHORIZING A FISCAL YEAR 2022-2023 BUDGET MODIFICATION TO INCREASE APPROPRIATIONS IN THE CAPITAL PROJECTS FUND BY $26,724.50 FUNDED FROM A TRANSFER FROM GENERAL FUND RESERVES FOR THE EQUESTRIAN FENCE REPLACEMENT PROJECT THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS: Section 1. Recitals. A. It is the intention of the City Council of the City of Rolling Hills to review the adopted budget from time to time. B. On May 3, 2023, the City released a Request for Bid for the Equestrian Fence Replacement Project (“Project”). The bid window closed on 2:00 P.M. on May 22, 2023. The City received two bids. C. Bennett Landscape (“Bennett”) was the lowest responsible bidder for the Project. Bennett’s bid for the Project was in the amount of twenty-four thousand, two hundred and ninety-five dollars ($24,295.00). D. At the June 12, 2023 City Council meeting, the Council approved the Bennett bid and awarded the contract for the Project to Bennett. Section 2. The sum of twenty-six thousand, seven hundred and twenty- four dollars and fifty cents ($26,724.50) (Bennett’s $24,295 bid plus 10% contingency) is hereby appropriated in the Capital Projects Fund funded from a transfer from General Fund Reserves to fund Equestrian Fence Replacement Project performed by Bennett Landscape. Section 3. This Resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book or original resolutions. PASSED, APPROVED, AND ADOPTED this 12th day of June, 2023. 286 ______________________________ PAT WILSON MAYOR ATTEST: ______________________________ CHRISTIAN HORVATH CITY CLERK 287 1 CONTRACT AGREEMENT This Construction Agreement (“Agreement”) is made and entered into as of the date executed by the Mayor and attested to by the City Clerk, by and between Bennett Landscape (hereinafter referred to as "CONTRACTOR") and the City of Rolling Hills, California, a municipal corporation (hereinafter referred to as "CITY"). R E C I T A L S A. Pursuant to the Notice Inviting Sealed Bids for the Equestrian Fence Replacement Project, Job No. 2023-03 (Project”), bids were received, publicly opened, and declared on the date specified in the notice; and B. On June 12,2023, City’s City Council declared CONTRACTOR to be the lowest responsible bidder and accepted the bid of CONTRACTOR; and C. The City Council has authorized the Mayor to execute a written contract with CONTRACTOR for furnishing labor, equipment and material for the Equestrian Fence Replacement Project, Job No. 2023-03 in the City of Rolling Hills. NOW, THEREFORE, in consideration of the foregoing and the mutual covenants herein contained, it is agreed: 1. GENERAL SCOPE OF WORK: CITY agrees to engage CONTRACTOR and CONTRACTOR agrees to furnish all necessary labor, tools, materials, Equestrian Fence Replacement Project, Job No. 2023-03 in the City of Rolling Hills. The work shall be performed in accordance with the Plans and Specifications dated 5/3/2023, (the “Specifications”) on file in the office of the City Clerk and in accordance with bid prices set forth in CONTRACTOR’S Bid Proposal and in accordance with the instructions of the City. 2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: The contract documents for the aforesaid project shall consist of all the documents and exhibits in the Request for Bid and all referenced specifications, details, standard drawings, and appendices; together with this Agreement and all required bonds, insurance certificates, permits, notices and affidavits; and also, including any and all addenda or supplemental agreements clarifying, amending, or extending the work contemplated as may be required to insure its completion in an acceptable manner. All of the provisions of said contract documents are made a part hereof as though fully set forth herein. This contract is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by CONTRACTOR whether set out specifically in the contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this written agreement, the provisions of this Agreement shall govern. Collectively, these contract documents constitute the complete agreement 288 2 between CITY and CONTRACTOR and supersede any previous agreements or understandings. 3. COMPENSATION: CONTRACTOR agrees to receive and accept the prices set forth in its Bid Proposal of twenty four thousand, two hundred and ninety five dollars ($24,295.00) as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the aforesaid contract documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work. 4. TIME OF PERFORMANCE: CONTRACTOR agrees to complete the work within 30 working days from the date of the notice to proceed. By signing this Agreement, CONTRACTOR represents to CITY that the contract time is reasonable for completion of the work and that CONTRACTOR will complete such work within the contract time. 5. LIQUIDATED DAMAGES: In accordance with Government Code section 53069.85, it is agreed that CONTRACTOR will pay to CITY the sum of be $1000/day for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, CONTRACTOR agrees CITY may deduct that amount from any money due or that may become due CONTRACTOR under the Contract. This Article does not exclude recovery of other damages specified in the Contract Documents. 6. SUBSTITUTION OF SECURITIES: Pursuant to section 22300 of the Public Contract Code of the State of California, CONTRACTOR may request CITY to make retention payments directly to an escrow agent or may substitute securities for any money withheld by CITY to ensure performance under the contract. At the request and expense of CONTRACTOR, securities equivalent to the amount withheld shall be deposited with CITY or with a state or federally chartered bank as the escrow agent who shall return such securities to CONTRACTOR upon satisfactory completion of the contract. Deposit of securities with an escrow agent shall be subject to a written agreement substantially in the form provided in section 22300 of the Public Contract Code. 7. PREVAILING WAGES AND CALIFORNIA LABOR LAWS. Pursuant to Labor Code §§ 1720 et seq., and as specified in 8 California Code of Regulations § 16000 (“Prevailing Wage Laws”), CONTRACTOR must pay its workers prevailing wages. It is CONTRACTOR’s responsibility to interpret and implement any prevailing wage requirements, and CONTRACTOR agrees to pay 289 3 any penalty or civil damages resulting from a violation of the prevailing wage laws. CONTRACTOR shall defend, indemnify and hold the CITY, its officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. CONTRACTOR and any subcontractor shall forfeit a penalty of up to $200 per calendar day or portion thereof for each worker paid less than the prevailing wage rates. In accordance with Labor Code § 1773.2, copies of the prevailing rate of per diem wages are available upon request from CITY’s Engineering Division or the website for State of California Prevailing wage determination at http://www.dir.ca.gov/DLSR/PWD. CONTRACTOR must post a copy of the prevailing rate of per diem wages at the job site. CITY directs CONTRACTOR’s attention to Labor Code §§ 1777.5, 1777.6 and 3098 concerning the employment of apprentices by CONTRACTOR or any subcontractor. Labor Code § 1777.5 requires CONTRACTOR or subcontractor employing tradesmen in any apprenticeship occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate must also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases will not be less than one to five except: When employment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days before the request for certificate, or When the number of apprentices in training in the area exceeds a ratio of one to five, or When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis state-wide or locally, or Assignment of an apprentice to any work performed under a public works contract would create a condition that would jeopardize his or her life or the life, safety, or property of fellow employees or the public at large, or the specific task to which the apprentice is to be assigned is of a nature that training cannot be provided by a journeyman. When CONTRACTOR provides evidence that CONTRACTOR employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. 290 4 CONTRACTOR is required to make contributions to funds established for the administration of apprenticeship programs if CONTRACTOR employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other contractors on the public works site are making such contributions. CONTRACTOR and any subcontractor must comply with Labor Code §§ 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. The CONTRACTOR or any subcontractor that is determined by the Labor Commissioner to have knowingly violated Section 1777.5 shall forfeit as a civil penalty an amount not exceeding $100 for each full calendar day of noncompliance, or such greater amount as provided by law. CONTRACTOR and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. The payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of CONTRACTOR in the manner provided in Labor Code section 1776. In the event of noncompliance with the requirements of this section, CONTRACTOR shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects such CONTRACTOR must comply with this section. Should noncompliance still be evident after such 10-day period, CONTRACTOR shall, as a penalty to CITY, forfeit not more than $100.00 for each calendar day or portion thereof, for each worker, until strict compliance is effectuated. The amount of the forfeiture is to be determined by the Labor Commissioner. A contractor who is found to have violated the provisions of law regarding wages on Public Works with the intent to defraud shall be ineligible to bid on Public Works contracts for a period of one to three years as determined by the Labor Commissioner. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due. The responsibility for compliance with this section is on CONTRACTOR. The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4. Any ineligible contractor or subcontractor pursuant to Labor Code Sections 1777.1 and 1777.7 may not perform work on this Project. 291 5 By executing this Contract, CONTRACTOR verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subcontractors and sub-subcontractors to comply with the same. 8. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and CONTRACTOR and any subcontractor under it shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. CONTRACTOR shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for each laborer, workman or mechanic employed in the execution of the contract, by him or any subcontractor under it, upon any of the work hereinbefore mentioned, for each calendar day during which the laborer, worker or mechanic is required or permitted to labor more than eight (8) hours in any one calendar day or 40 hours in any one calendar week in violation of the Labor Code. 9. PUBLIC WORKS CONTRACTOR REGISTRATION: Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations (DIR). No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the DIR to perform public work. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1. 10. LABOR COMPLIANCE AND STOP ORDERS: This Project is subject to compliance monitoring and enforcement by the DIR. It shall be CONTRACTOR’s sole responsibility to evaluate and pay the cost of complying with all labor compliance requirements under this Contract and applicable law. Any stop orders issued by the DIR against CONTRACTOR or any subcontractor that affect CONTRACTOR’s performance of Work, including any delay, shall be CONTRACTOR’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered CONTRACTOR caused delay subject to any applicable liquidated damages and shall not be compensable by the CITY. CONTRACTOR shall defend, indemnify and hold CITY, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the DIR against CONTRACTOR or any subcontractor. 11. DEBARMENT OF CONTRACTORS AND SUBCONTRACTORS: Contractors or subcontractors may not perform work on a public works project with a 292 6 subcontractor who is ineligible to perform work on a public project pursuant to Labor Code section 1777.1 or 1777.7. Any contract on a public works project entered into between a contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract. Any public money that is paid, or may have been paid to a debarred subcontractor by a contractor on the Project shall be returned to the CITY. CONTRACTOR shall be responsible for the payment of wages to workers of a debarred subcontractor who has been allowed to work on the project. 12. LABOR/EMPLOYMENT SAFETY: CONTRACTOR shall comply with all applicable laws and regulations of the federal, state, and local government, including Cal/OSHA requirements and requirements for verification of employees’ legal right to work in the United States CONTRACTOR shall maintain emergency first aid treatment for its employees which complies with the Federal Occupational Safety and Health Act of 1970 (29 U.S.C. § 651 et seq.), and California Code of Regulations, Title 8, Industrial Relations Division 1, Department of Industrial Relations, Chapter 4. CONTRACTOR shall ensure the availability of emergency medical services for its employees in accordance with California Code of Regulations, Title 8, Section 1512. CONTRACTOR shall submit the Illness and Injury Prevention Program and a Project site specific safety program to CITY prior to beginning Work at the Project site. CONTRACTOR shall maintain a confined space program that meets or exceeds the CITY Standards. CONTRACTOR shall adhere to CITY’s lock out tag out program 13. TRAVEL AND SUBSISTENCE PAY: CONTRACTOR agrees to pay travel and subsistence pay to each worker needed to execute the work required by this Agreement as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. 14. CONTRACTOR'S LIABILITY: The City of Rolling Hills and its officers, agents and employees ("Indemnitees") shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workers or employees of CONTRACTOR, of its subcontractors or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. CONTRACTOR shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever. 293 7 To the fullest extent permitted by law, CONTRACTOR will indemnify Indemnities against and will hold and save Indemnitees harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of CONTRACTOR, its agents, employees, subcontractors or invitees provided for herein, whether or not there is concurrent passive negligence on the part of City. In connection therewith: a. CONTRACTOR will defend any action or actions filed in connection with any such claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys' fees, expert fees and costs incurred in connection therewith. b. CONTRACTOR will promptly pay any judgment rendered against CONTRACTOR or Indemnitees covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, operations or activities of CONTRACTOR hereunder, and CONTRACTOR agrees to save and hold the Indemnitees harmless therefrom. c. In the event Indemnitees are made a party to any action or proceeding filed or prosecuted against CONTRACTOR for damages or other claims arising out of or in connection with the work, operation or activities hereunder, CONTRACTOR agrees to pay to Indemnitees and any all costs and expenses incurred by Indemnitees in such action or proceeding together with reasonable attorneys' fees. Contractor's obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of City under any provision of this agreement, to the extent required by Civil Code section 2782, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City. So much of the money due to CONTRACTOR under and by virtue of the contract as shall be considered necessary by City may be retained by City until disposition has been made of such actions or claims for damages as aforesaid. 294 8 It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. This indemnity is effective without reference to the existence or applicability of any insurance coverage which may have been required under this Agreement or any additional insured endorsements which may extend to Indemnitees. CONTRACTOR, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the CONTRACTOR regardless of any prior, concurrent, or subsequent passive negligence by the Indemnitees. 15. THIRD PARTY CLAIMS. In accordance with Public Contract Code § 9201, CITY will promptly inform CONTRACTOR regarding third-party claims against CONTRACTOR, but in no event later than ten (10) business days after CITY receives such claims. Such notification will be in writing and forwarded in accordance with the “Notice” section of this Agreement. As more specifically detailed in the contract documents, CONTRACTOR agrees to indemnify and defend the City against any third-party claim. 16. WORKERS COMPENSATION: In accordance with California Labor Code Sections 1860 and 3700, CONTRACTOR and each of its subcontractors will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, CONTRACTOR, by signing this contract, certifies as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. 17. INSURANCE: CONTRACTOR shall procure and maintain for the duration of the Agreement, and for 1 year thereafter, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the CONTRACTOR, its agents, representatives, employees, or subcontractors. a. Minimum Scope and Limit of Insurance. Coverage shall be at least as broad as: i. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and 295 9 personal & advertising injury with limits no less than $5,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. ii. Automobile Liability: Insurance Services Office Form CA 0001 covering Code 1 (any auto), with limits no less than $5,000,000 per accident for bodily injury and property damage. iii. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease. iv. Builder’s Risk (Course of Construction) insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions. v. Professional Liability (if Design/Build), with limits no less than $2,000,000 per occurrence or claim, and $2,000,000 policy aggregate. vi. Contractors’ Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards) with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate. vii. If the contractor maintains broader coverage and/or higher limits than the minimums shown above, the CITY requires and shall be entitled to the broader coverage and/or the higher limits maintained by CONTRACTOR. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY. b. Self-Insured Retentions. Self-insured retentions must be declared to and approved by the CITY. At the option of the CITY, either: the CONTRACTOR shall obtain coverage to reduce or eliminate such self-insured retentions as respects the CITY, its officers, officials, employees, and volunteers; or the CONTRACTOR shall provide a financial guarantee satisfactory to the CITY guaranteeing payment of losses and related investigations, claim administration, and defense expenses. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or CITY. c. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions: i. The CITY, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the 296 10 CONTRACTOR including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the CONTRACTOR. General liability coverage can be provided in the form of an endorsement to the CONTRACTOR’s insurance (at least as broad as ISO Form CG 20 10, CG 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used). ii. For any claims related to this project, the CONTRACTOR’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the CITY, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the CITY, its officers, officials, employees, or volunteers shall be excess of the CONTRACTOR’s insurance and shall not contribute with it. iii. Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to the CITY. d. Builder’s Risk (Course of Construction) Insurance. i. CONTRACTOR may submit evidence of Builder’s Risk insurance in the form of Course of Construction coverage. Such coverage shall name the CITY as a loss payee as their interest may appear. ii. If the Project does not involve new or major reconstruction, at the option of the CITY, an Installation Floater may be acceptable. For such projects, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery, and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, installation, and testing at the CITY’s site. e. Claims Made Policies. If any coverage required is written on a claims-made coverage form: i. The retroactive date must be shown, and this date must be before the execution date of the contract or the beginning of contract work. ii. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of contract work. iii. If coverage is cancelled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective, or start of work date, the CONTRACTOR must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work. 297 11 iv. A copy of the claims reporting requirements must be submitted to the CITY for review. v. If the services involve lead-based paint or asbestos identification/remediation, the Contractors Pollution Liability policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold. f. Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to the CITY. g. Waiver of Subrogation. CONTRACTOR hereby agrees to waive rights of subrogation which any insurer of CONTRACTOR may acquire from CONTRACTOR by virtue of the payment of any loss. CONTRACTOR agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the CITY for all work performed by the CONTRACTOR, its employees, agents and subcontractors. h. Verification of Coverage. CONTRACTOR shall furnish the CITY with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to CITY before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the CONTRACTOR’s obligation to provide them. The CITY reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time. i. Subcontractors. CONTRACTOR shall require and verify that all subcontractors maintain insurance meeting all requirements stated herein, and CONTRACTOR shall ensure that CITY is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13. j. Special Risks or Circumstances. CITY reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances. 18. ASSIGNMENT: This contract is not assignable nor the performance of either party's duties delegable without the prior written consent of the other party. Any attempted or purported assignment or delegation of any of the rights of obligations of either party without the prior written consent of the other shall be void and of no force and effect. 298 12 19. INDEPENDENT CONTRACTOR: CONTRACTOR is and shall at all times remain as to the CITY, a wholly independent contractor. Neither the CITY nor any of its agents shall have control of the conduct of CONTRACTOR or any of CONTRACTOR'S employees, except as herein set forth. CONTRACTOR shall not at any time or in any manner represent that it or any of its agents or employees are in any manner agents or employees of CITY. 20. TAXES: CONTRACTOR is responsible for paying all retail sales and use, transportation, export, import, special or other taxes and duties applicable to, and assessable against any work, materials, equipment, services, processes and operations incidental to or involved in this contract. CONTRACTOR is responsible for ascertaining and arranging to pay them. The prices established in the contract shall include compensation for any taxes CONTRACTOR is required to pay by laws and regulations in effect at the bid opening date. 21. LICENSES: CONTRACTOR represents and warrants to CITY that it has all licenses, permits, qualifications, insurance, and approvals of whatsoever nature which are legally required of CONTRACTOR to practice its profession. CONTRACTOR represents and warrants to CITY that CONTRACTOR shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits, insurance, and approvals which are legally required of CONTRACTOR to practice its profession. Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within five (5) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O. Box 26000, Sacramento, California 95826. 22. RECORDS: CONTRACTOR shall maintain accounts and records, including personnel, property, and financial records, adequate to identify and account for all costs pertaining to this Agreement and such other records as may be deemed necessary by CITY or any authorized representative, and will be retained for four years after the expiration of this Agreement. All such records shall be made available for inspection or audit by CITY at any time during regular business hours. 23. SEVERABILITY: If any portion of these contract documents are declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect. 299 13 24. WHOLE AGREEMENT: This Agreement supersedes any and all other agreements either oral or written, between the parties and contains all of the covenants and agreements between the parties pertaining to the work of improvements described herein. Each party to this contract acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that any other agreement, statements or promise not contained in this contract shall not be valid or binding. Any modifications of this contract will be effective only if signed by the party to be charged. 25. AUTHORITY: CONTRACTOR affirms that the signatures, titles, and seals set forth hereinafter in execution of this Agreement represent all individuals, firm members, partners, joint ventures, and/or corporate officers having a principal interest herein. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. This Agreement may be modified by written amendment. CITY’s city manager may execute any such amendment on CITY’s behalf. 26. NOTICES: All notices permitted or required under this Agreement shall be in writing, and shall be deemed made when delivered to the applicable party’s representative as provided in this Agreement. Additionally, such notices may be given to the respective parties at the following addresses, or at such other addresses as the parties may provide in writing for this purpose. Such notices shall be deemed made when personally delivered or when mailed forty-eight (48) hours after deposit in the U.S. mail, first-class postage prepaid, and addressed to the party at its applicable address. CITY OF ROLLING HILLS 2 Portuguese Bend Rd. Rolling Hills, CA 90274 Attention: Alan Palermo, Project Manager CONTRACTOR: BENNETT LANDSCAPE 25889 Belle Porta Ave., Harbor City, CA 90710 Attention: Sean Bennett 27. DISPUTES: Effective January 1, 1991, Section 20104 et seq., of the California Public Contract Code prescribes a process utilizing informal conferences, non- binding judicial supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Effective January 1, 2017, Section 300 14 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims. The intent of this Section is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code. This Section shall be construed to be consistent with said statutes. Claims: For purposes of this Section, “Claim” means a separate demand by CONTRACTOR, after a change order duly requested in accordance with the terms of this Contract has been denied by the CITY, for (A) a time extension, (B) payment of money or damages arising from Work done by or on behalf of CONTRACTOR pursuant to the Contract, or (C) an amount the payment of which is disputed by the CITY. A “Claim” does not include any demand for payment for which CONTRACTOR has failed to provide notice, request a change order, or otherwise failed to follow any procedures contained in the Contract Documents. Claims governed by this Section may not be filed unless and until CONTRACTOR completes all procedures for giving notice of delay or change and for the requesting of a time extension or change order, including but not necessarily limited to the change order procedures contained herein, and CONTRACTOR’s request for a change has been denied in whole or in part. Claims governed by this Section must be filed no later than fourteen (14) days after a request for change has been denied in whole or in part or after any other event giving rise to the Claim. The Claim shall be submitted in writing to the CITY and shall include on its first page the following in 16 point capital font: “THIS IS A CLAIM.” Furthermore, the claim shall include the documents necessary to substantiate the claim. Nothing in this Section is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims, including all requirements pertaining to compensation or payment for extra Work, disputed Work, and/or changed conditions. Failure to follow such contractual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon. Supporting Documentation: The CONTRACTOR shall submit all claims in the following format: Summary of claim merit and price, reference Contract Document provisions pursuant to which the claim is made List of documents relating to claim: Specifications Drawings Clarifications (Requests for Information) Schedules Other Chronology of events and correspondence Analysis of claim merit Analysis of claim cost 301 15 Time impact analysis in CPM format If CONTRACTOR’s claim is based in whole or in part on an allegation of errors or omissions in the Drawings or Specifications for the Project, CONTRACTOR shall provide a summary of the percentage of the claim subject to design errors or omissions and shall obtain a certificate of merit in support of the claim of design errors and omissions. Cover letter and certification of validity of the claim, including any claims from subcontractors of any tier, in accordance with Government Code section 12650 et seq. City’s Response. Upon receipt of a claim pursuant to this Section, CITY shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide CONTRACTOR a written statement identifying what portion of the claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the claim will be processed and made within 60 days after the public entity issues its written statement. If CITY needs approval from its governing body to provide the CONTRACTOR a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, CITY shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45- day period, or extension, expires to provide CONTRACTOR a written statement identifying the disputed portion and the undisputed portion. Within 30 days of receipt of a claim, CITY may request in writing additional documentation supporting the claim or relating to defenses or claims CITY may have against the CONTRACTOR. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of CITY and the CONTRACTOR. CITY’s written response to the claim, as further documented, shall be submitted to CONTRACTOR within 30 days (if the claim is less than $50,000, within 15 days) after receipt of the further documentation, or within a period of time no greater than that taken by CONTRACTOR in producing the additional information or requested documentation, whichever is greater. Meet and Confer. If the CONTRACTOR disputes CITY’s written response, or CITY fails to respond within the time prescribed, the CONTRACTOR may so notify CITY, in writing, either within 15 days of receipt of CITY’s response or within 15 days of CITY’s failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, CITY shall schedule a meet and confer conference within 30 days for settlement of the dispute. Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, CITY shall provide 302 16 the CONTRACTOR a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after CITY issues its written statement. Any disputed portion of the claim, as identified by CONTRACTOR in writing, shall be submitted to nonbinding mediation, with CITY and CONTRACTOR sharing the associated costs equally. CITY and CONTRACTOR shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing unless the parties agree to select a mediator at a later time. If the Parties cannot agree upon a mediator, each Party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each Party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the Parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section. Unless otherwise agreed to by CITY and CONTRACTOR in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced. The mediation shall be held no earlier than the date CONTRACTOR completes the Work or the date that CONTRACTOR last performs Work, whichever is earlier. All unresolved claims shall be considered jointly in a single mediation unless a new unrelated claim arises after mediation is completed. Procedures After Mediation. If following the mediation, the claim or any portion remains in dispute, CONTRACTOR must file a claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time CONTRACTOR submits his or her written claim pursuant to subdivision (a) until the time the claim is denied, including any period of time utilized by the meet and confer conference or mediation. Civil Actions. The following procedures are established for all civil actions filed to resolve claims subject to this Section: Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code section 9204 and the terms of these procedures.. The mediation process shall provide for 303 17 the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court. If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1114.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration. In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, also pay the attorney’s fees on appeal of the other party. Government Code Claims. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, CONTRACTOR must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the CITY. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by CONTRACTOR. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, CONTRACTOR shall be barred from bringing and maintaining a valid lawsuit against the CITY. A Government Code claim must be filed no earlier than the date the work is completed or the date CONTRACTOR last performs work on the Project, whichever occurs first. A Government Code claim shall be inclusive of all unresolved claims unless a new unrelated claim arises after the Government Code claim is submitted. Non-Waiver. CITY’s failure to respond to a claim from CONTRACTOR within the time periods described in this Section or to otherwise meet the time requirements of this Section shall result in the claim being deemed rejected in its entirety. CITY’s failure to respond shall not waive CITY’s rights to any subsequent procedures for the resolution of disputed claims. 28. NON-DISCRIMINATION: Contractor represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non- discrimination shall include, but not be limited to, all activities related to initial 304 18 employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. A violation of this section exposes CONTRACTOR to the penalties provided for in Labor Code Section 1735. 29. TERMINATION: This Contract may be terminated by CITY at any time, either with our without cause, by giving CONTRACTOR three (3) days advance written notice. In the event of termination by CITY for any reason other than the fault of CONTRACTOR, CITY shall pay CONTRACTOR for all Work performed up to that time as provided herein. In the event of breach of the Contract by Contractor, CITY may terminate the Contract immediately without notice, may reduce payment to CONTRACTOR in the amount necessary to offset CITY’s resulting damages, and may pursue any other available recourse against CONTRACTOR. CONTRACTOR may not terminate this Contract except for cause. In the event this Contract is terminated in whole or in part as provided, CITY may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. Further, if this Contract is terminated as provided, CITY may require CONTRACTOR to provide all finished or unfinished documents, data, diagrams, drawings, materials or other matter prepared or built by CONTRACTOR in connection with its performance of this Contract. 30. ANTI-TRUST CLAIMS: This provision shall be operative if this Contract Agreement is applicable to California Public Contract Code Section 7103.5. In entering into this Contract Agreement to supply goods, services or materials, Contractor hereby offers and agrees to assign to the Agency all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Professions Code) arising from purchases of goods, services, or materials pursuant to the Contract Agreement. This assignment shall be made and become effective at the time the Agency tender final payment to Contractor, without further acknowledgment by the Parties. 31. NO THIRD PARTY BENEFICIARY: This Contract and every provision herein is for the exclusive benefit of the Contractor and the City and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of the Contractor’s or the City’s obligations under this Contract. 32. TIME IS OF ESSENCE: Time is of the essence for each and every provision of the Contract Documents. 33. FORCE MAJEURE: If CONTRACTOR is delayed in the performance or progress of the work by a Force Majeure Event, then the CONTRACTOR shall be entitled to a time extension, as provided in the contract documents, when the work stopped is on the critical path and shall not be charged liquidated damages. Such a non- compensable adjustment shall be CONTRACTOR’s sole and exclusive remedy for such delays and the CONTRACTOR will not receive an adjustment to the contract price or any other compensation. Contractor must submit a timely request in 305 19 accordance with the requirements of the contract documents. A Force Majeure Event shall mean an event that materially affects a party’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the work); (4) pandemics, epidemics or quarantine restrictions; and (5) strikes and other organized labor action occurring at the project site and the effects thereof on the work, only to the extent such strikes and other organized labor action are beyond the control of CONTRACTOR and its subcontractors, of every tier, and to the extent the effects thereof cannot be avoided by use of replacement workers. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority. 34. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE: Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Work. 35. ACCEPTANCE OF FACSIMILE SIGNATURES: The Parties agree that this Contract, agreements ancillary to this Contract, and related documents to be entered into in connection with this Contract will be considered signed when the signature of a party is delivered by facsimile transmission. Such facsimile signature will be treated in all respects as having the same effect as an original signature. 36. GOVERNING LAW : This Agreement shall be governed by the laws of the State of California, and exclusive venue for any action involving this Contract will be in Los Angeles County. IN WITNESS WHEREOF, the parties hereto have executed this Agreement with all the formalities required by law on the respective dates set forth opposite their signatures. 306 20 State of California CONTRACTOR'S License No. 479003 CONTRACTOR Sean Bennett Bennett Landscape, 25889 Belle Porta Ave., Harbor City, CA 90710 _______________________________________________________________ TITLE Date CITY OF ROLLING HILLS, CALIFORNIA _______________________________________________________________ CITY MANAGER Date ATTEST: _______________________________________________________________ CITY CLERK Date CONTRACTOR'S Business Phone Emergency Phone at which CONTRACTOR can be reached at any time: APPROVED AS TO FORM: _______________________________________________________________ CITY ATTORNEY Date 307 21 AGREEMENT OF INDEMNIFICATION AND HOLD HARMLESS AND WAIVER OF SUBROGATION AND CONTRIBUTION Equestrian Fence Replacement, Job No. 2023-03 Bennett Landscape, a California Landscape Contracting Corporation, Contractor License # 479003 (“Indemnitor”): To the fullest extent permitted by law, Indemnitor hereby agrees, at its sole cost and expense, to defend, protect, indemnify, and hold harmless the City of Rolling Hills and its respective elected officials, officers, attorneys, agents, employees, volunteers, successors, and assigns (collectively “Indemnitees”) from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith (collectively “Liabilities”), arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to any act, failure to act, error, or omission of Indemnitor or any of its officers, agents, servants, employees, subcontractors, materialmen, suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to the above-referenced contract, agreement, license, or permit (the “Agreement”) or the performance or failure to perform any term, provision, covenant, or condition of the Agreement, including this indemnity provision. This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by Indemnitees and shall operate to fully indemnify Indemnitees against any such negligence. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee’s right to recover under this indemnity provision, and an entry of judgment against an Indemnitee shall be conclusive in favor of the Indemnitee’s right to recover under this indemnity provision. Indemnitor shall pay Indemnitees for any attorney fees and costs incurred in enforcing this indemnification provision. Notwithstanding the foregoing, nothing in this instrument shall be construed to encompass (a) Indemnitees’ sole negligence or willful misconduct to the limited extent that the underlying Agreement is subject to Civil Code 2782(a), or (b) the contracting public agency’s active negligence to the limited extent that the underlying Agreement is subject to Civil Code 2782(b). This indemnity is effective without reference to the existence or applicability of any insurance coverages which may have been required under the Agreement or any additional insured endorsements which may extend to Indemnitees. Indemnitor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees. 308 21 Accountants, attorneys, or other professionals employed by Indemnitor to defend Indemnitees shall be selected by Indemnitees. In the event there is more than one person or entity named in the Agreement as an Indemnitor, then all obligations, liabilities, covenants and conditions under this instrument shall be joint and several. “Indemnitor” Name: Sean Bennett, President and Founder 309 Agenda Item No.: 12.D Mtg. Date: 06/12/2023 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 A PROFESSIONAL SERVICES AGREEMENT WITH DCA CIVIL ENGINEERING GROUP TO PROVIDE CIVIL ENGINEERING SERVICES FOR THE 20C PORTION OF THE CREST ROAD EAST FIRE PREVENTION POWER LINE UNDERGROUNDING PROJECT IN AN AMOUNT NOT TO EXCEED $40,536 FUNDED BY FEMA HAZARD MITIGATION PROGRAM #DR4344-526-112R, AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENT, AND FINDING THE PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT DATE:June 12, 2023 BACKGROUND: The City applied for grant funds through the FEMA Hazard Mitigation Program and on September 14, 2020, the City was awarded $1,145,457 of Federal funds to underground utility infrastructure along Crest Road East from the eastern city limits to the frontage of 67 Crest Road East. The grant requires a local match of 25% ($381,819) for a total project amount of $1,527,276. The local match can be fulfilled using the CPUC Rule 20A work credits. The entire project was originally characterized as a CPUC Rule 20A project. For Rule 20A projects, Southern California Edison (SCE) handles the design, joint trench bidding and assists in the coordination with the other utility companies. City staff held a kick-off meeting with SCE on January 13, 2021. SCE commenced with their work by performing a site visit and measurements to confirm scope and limits of work and preparation of a Rough Order of Magnitude (ROM) estimate for the project. The ROM was submitted to the City on February 25, 2021 and is based on: 8-poles and approx. 1,340 feet of overhead wires being removed, and 1-overhead service converted to underground feed covering the area from Crest Road from 87 Crest Road to East City Limits. The ROM cost estimate for the entire project was $1,000,000, expressed in 2023 dollars. The City sent SCE an email of concurrence for this ROM on March 3, 2021. At the May 10, 2021 City Council Meeting, City Council adopted Resolution No. 1275 to 310 establish an Underground Utility District and set a public hearing for the June 14, 2021 City Council Meeting. On June 14, 2021, The City Council approved Resolution No. 1276 to create Underground Utility District No. 1 (Crest Road) to support the Crest Road East Cal-OES Hazard Mitigation Grant Project. Subsequent to the above-mentioned assumptions, SCE recognized that the growing costs to execute the project limited the linear feet that the ROM would cover under the Rule 20A program. The growing cost escalations also increased the City's match fund obligation from an estimated $381,000 to $1,000,000. As such, the project was divided into two Rule 20 programs. Rule 20A would cover the majority of Crest Road with SCE handling the design, joint trench bidding and assisting in the coordination with the other utility companies. The remainder of the project was converted to a Rule 20C program where the City of Rolling Hills is required to handle the civil design, joint trench bidding and assist in the coordination with the other utility companies. The City is responsible for the completion of the Rule 20C segment including lateral connections to residential panels. To ensure that the City stays closely in sync with SCE's timing and work specific to the Rule 20C portion, a Request for Proposals (RFP) for Civil Engineering Services was released in early December, 2022 with a closing date of January 11, 2023. Staff anticipated bringing recommendations to Council at the January 23, 2023 meeting based on submissions, but unfortunately, there were no respondents at that time. Staff extended the RFP two more times until February 28, 2023 and March 14, 2023. Again, there were no responses. The City officially sought input from CalOES regarding the lack of respondents and requested the potential to sole-source the project scope in order to ensure project timelines were met. CalOES consulted with FEMA who directed the City to "cast a wider net via multiple solicitation outlets like BidNet, large newspapers, and send to adequate number of firms directly as required (2 CFR 200.320(b)(2)(i)." The city was also required to directly solicit Minority/Women in Business (M/WBE) firms (2 CFR 200.321.) The City complied with all requirements and re-released the RFP on or around April 11, 2023 by using the city website, direct solicitation and BidNet. Proposals were originally posted as due on May 9, 2023 and extended to May 11, 2023. DISCUSSION: DCA Civil Engineering Group (DCA) from Torrance, CA was the only firm that responded to the RFP. DCA will prepare construction documents to underground existing overhead utilities on Crest Road East from 92 Crest Road East to the City’s easterly gated border. Per the RFP's scope of services, they will also handle project administration, create specifications, cost estimates, offer bid support and assist the city in preparation of a construction bid package, and provide construction support services. Tasks 2 and 5 in the scope of service should not be necessary based on recent conversations with SCE and the attached fees document acknowledges as such. The Crest Road East Fire Prevention Power Line Undergrounding project is subject to the federal procurement standards under the Uniform Administrative Requirements, Cost 311 Principles, and Audit Requirements for Federal Awards. ENVIRONMENTAL REVIEW The City Council found this was exempt from the California Environmental Quality Act (“CEQA”) on October 24, 2022. FISCAL IMPACT: Under Rule 20C, the City will be required to cover the costs for any contracted work and then be reimbursed from the grant funds. The grant pays for 75% of the fee and the city pays 25% of the fee using Rule 20A tariff credits. The total not-to-exceed fee for DCA Civil Engineering Group is $40,536.00. RECOMMENDATION: Approve as presented. ATTACHMENTS: CA_AGR_230612_DCA_CiviEng_CrestRoadEast_20C_Grant.pdf GR_OES_230511_RFP_DCA_Proposal_rev.pdf GR_OES_230511_RFP_DCA_Fees2023_rev.pdf 312 CITY OF ROLLING HILLS PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT made and entered into this 12th day of June, 2023 between the City of Rolling Hills, a municipal corporation, hereinafter referred to as "CITY'' and DCA Civil Engineering Group, Inc. with principal offices at 17625 Crenshaw Blvd., Suite 300, Torrance, CA 90504, hereinafter referred to as "CONSULTANT." 1. RECITALS: A. The CITY desires to contract the CONSULTANT for civil engineering services preparing construction documents to underground existing utilities on Crest Road East from 92 Crest Road East to the City’s easterly gated border B. CONSULTANT is well qualified by reason of education and experience to perform such services; and C. CONSULTANT is willing to render such on-call construction inspection and other general inspection services as hereinafter defined. Now, therefore, for and in consideration of the mutual covenants and conditions herein contained, CITY hereby engages CONSULTANT and CONSULTANT agrees to perform the services set forth in this AGREEMENT. 2. SCOPE OF WORK CONSULTANT shall perform all work necessary to complete in a manner satisfactory to CITY the services set forth in the specifications and the scope of work described in Section 2.0 Scope of Services in the REQUEST FOR PROPOSALS CIVIL ENGINEERING SERVICES FOR RULE 20C PORTION OF City of Rolling Hills CalOES/FEMA Rule 20 Hazard Mitigation Program Crest Road East Fire Prevention Power Line Undergrounding Project Disaster / Subaward #DR4344-526-112R. Attached herein as Exhibit A (referred to as “SERVICES”). 3. COST The CITY agrees to pay CONSULTANT for all the work or any part of the work performed under this AGREEMENT at the rates and in the manner established in the attached Cost of Services, attached herein as Exhibit B. Total contract shall not exceed the sum of forty thousand, five hundred and thirty six dollars ($40,536) This fee includes all expenses, consisting of all local travel, attendance at meetings, printing and submission of any plans or any other documents required by the Scope of Work. It also includes any escalation or inflation factors anticipated. 313 Any increase in contract amount or scope shall be approved by expressed written amendment executed by the CITY and CONSULTANT. 4. METHOD OF PAYMENT CONSULTANT shall be reimbursed within 30 (thirty) days of submitting an invoice to City for the SERVICES. CONSULTANT shall submit an invoice for the SERVICES within 10 (ten) days of completing each task or portion thereof identified in Exhibit A to this AGREEMENT. CONSULTANT shall submit invoices electronically to the City Manager of the CITY and shall also provide a courtesy copy by U.S. Mail addressed to the City Manager of the CITY. 5. SUBCONTRACTING CONSULTANT may employ qualified independent subcontractor(s) to assist CONSULTANT in the performance of SERVICES with CITY’s prior written approval. 6. COMMENCEMENT OF WORK CONSULTANT shall commence work under this AGREEMENT upon execution of this AGREEMENT. 7. PERFORMANCE TO SATISFACTION OF CITY CONSULTANT agrees to perform all work to the reasonable satisfaction of CITY and within the time hereinafter specified. 8. COMPLIANCE WITH LAW All SERVICES rendered hereunder shall be provided in accordance with the requirements of relevant local, State and Federal Law. (A). Federal Requirements FEMA financial assistance will be used to fund all or a portion of this contract. The CONSULTANT shall comply with all federal requirements including, but not limited to, the following: (i). 2 C.F.R. Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, which is expressly incorporated herein by reference. (ii). Federal Contract Provisions attached hereto as Exhibit C and incorporated herein by reference. 314 Subcontracts, if any, shall contain a provision making them subject to all of the provisions stipulated in the contract, including but not limited to, 2 C.F.R. Part 200 and the Federal Contract Provisions. With respect to any conflict between such federal requirements and the terms of this contract and/or the provisions of state law and except as otherwise required under federal law or regulation, the more stringent requirement shall control. 9. ACCOUNTING RECORDS CONSULTANT must maintain accounting records and other evidence pertaining to costs incurred which records and documents shall be kept available at the CONSULTANT’s office during the contract period and thereafter for five years from the date of final payment. 10. OWNERSHIP OF DATA All data, maps, photographs, and other material collected or prepared under the contract shall become the property of the CITY. 11. TERM OF CONTRACT The term of this Agreement shall be from the effective date of this Agreement to January 31, 2024, unless earlier terminated as provided herein. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Project. Consultant shall perform its services in a prompt and timely manner within the term of this Agreement and shall commence performance upon notice from the City. 12. TERMINATION This contract may be terminated by either party with or without cause upon seven (7) days written notice to the other party. All work satisfactorily performed pursuant to the contract and prior to the date of termination may be claimed for reimbursement. 13. ASSIGNABILITY CONSULTANT shall not assign or transfer interest in this contract without the prior written consent of the CITY. 14. AMENDMENT It is mutually understood and agreed that no alteration or variation of the terms of this contract, or any subcontract requiring the approval of the CITY, shall be valid unless made in writing, signed by the parties hereto, and approved by all necessary parties. 15. NON-SOLICITATION CLAUSE 315 The CONSULTANT warrants that he or she has not employed or retained any company or persons, other than a bona fide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the CITY shall have the right to annul this contract without liability, or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 16. INDEMNITY CONSULTANT shall indemnify and save harmless CITY, its elected and appointed officers and employees from all claims, damages, suits, cost or actions of every name, kind or description, brought for, or on account of, (i) injuries to or death of any person, (ii) damage to property or (iii) arising from performance of this AGREEMENT in any manner that resulted from the fault or negligence of CONSULTANT, it officers, agents, employees and/or servants in connection with this AGREEMENT. CITY shall indemnify and save harmless CONSULTANT, its officers, agents, employees, and servants from all claims, damages, suits, costs or actions of every name, kind, or description, brought for, or on account of, (i) injuries to or death of any person, (ii) damage to property or (iii) arising from performance of this AGREEMENT in any manner that resulted from the fault or negligence of the CONSULTANT, its officers, agents, employees, and/or servants in connection with this AGREEMENT. If CONSULTANT should subcontract all or any portion of the SERVICES to be performed under this AGREEMENT, CONSULTANT shall require each subcontractor to indemnify, hold harmless and defend CITY and each of its officers, officials, employees, agents and volunteers in accordance with the term of the preceding paragraph. This section shall survive termination or expiration of this AGREEMENT. 17. INSURANCE A. Without limiting CONSULTANT’S obligations arising under paragraph 16 - Indemnity, CONSULTANT shall not begin work under this AGREEMENT until it obtains policies of insurance required under this section. The insurance shall cover CONSULTANT, its agents, representatives and employees in connection with the performance of work under this AGREEMENT, and shall be maintained throughout the term of this AGREEMENT. Insurance coverage shall be as follows: i. Automobile Liability Insurance with minimum coverage of $300,000 for property damage, $300,000 for injury to one person/single occurrence, and $300,000 for injury to more than one person/single occurrence. ii. Public Liability and Property Damage Insurance, insuring CITY its elected and appointed officers and employees from claims for damages for personal injury, including death, as well as from claims for property damage which may arise from CONSULTANT’S actions under this AGREEMENT, whether or not done by 316 CONSULTANT or anyone directly or indirectly employed by CONSULTANT. Such insurance shall have a combined single limit of not less than $500,000. iii. Worker’s Compensation Insurance for all CONSULTANT’S employees to the extent required by the State of California. CONSULTANT shall require all subcontractors who are hired by CONSULTANT to perform the SERVICES and who have employees to similarly obtain Worker’s Compensation Insurance for all of the subcontractor’s employees. iv. Professional Liability Insurance for CONSULTANT that at a minimum covers professional misconduct or lack of the requisite skill required for the performances of SERVICES in an amount of not less than $500,000 per occurrence. B. Deductibility Limits for policies referred to in subparagraphs A (i) (ii) and (iii) shall not exceed $5,000 per occurrence. C. Additional Insured. City, its elected and appointed officers and employees shall be named as additional insured on policies referred to in subparagraphs A (i) and (ii). D. Primary Insurance. The insurance required in paragraphs A (i) and (ii) shall be primary and not excess coverage. E. Evidence of Insurance. Consultant shall furnish CITY, prior to the execution of this AGREEMENT, satisfactory evidence of the insurance required, issued by an insurer authorized to do business in California, and an endorsement to each such policy of insurance evidencing that each carrier is required to give CITY at least 30 days prior written notice of the cancellation of any policy during the effective period of the AGREEMENT. All required insurance policies are subject to approval of the City Attorney. Failure on the part of CONSULTANT to procure or maintain said insurance in full force and effect shall constitute a material breach of this AGREEMENT or procure or renew such insurance, and pay any premiums therefore at CONSULTANT’S expense. 18. ENFORCEMENT OF AGREEMENT In the event that legal action is commenced to enforce or declare the rights created under this AGREEMENT, the prevailing party shall be entitled to an award of costs and reasonable attorney’s fees in the amount to be determined by the court. 19. CONFLICTS OF INTEREST No member of the governing body of the CITY and no other officer, employee, or agent of the CITY who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this AGREEMENT; and the CONSULTANT further covenants that in the 317 performance of this AGREEMENT, no person having any such interest shall be employed. 20. INDEPENDENT CONTRACTOR The CONSULTANT is and shall at all times remain as to the CITY a wholly independent contractor. Neither the CITY nor any of its agents shall have control over the conduct of the CONSULTANT or any of the CONSULTANT’s employees or subcontractors, except as herein set forth. The CONSULTANT shall not at any time or in any manner represent that it or any of its agents or employees are in any manner agents or employees of the CITY. 21. ENTIRE AGREEMENT OF THE PARTIES This AGREEMENT supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the employment of CONSULTANT by CITY and contains all the covenants and agreements between the parties with respect such employment in any manner whatsoever. Each party to this AGREEMENT acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement or amendment hereto shall be effective unless executed in writing and signed by both CITY and CONSULTANT. 22. NOTICES. All written notices required by, or related to this AGREEMENT shall be sent by Certified Mail, Return Receipt Requested, postage prepaid and addressed as listed below. Neither party to this AGREEMENT shall refuse to accept such mail; the parties to this AGREEMENT shall promptly inform the other party of any change of address. All notices required by this AGREEMENT are effective on the day of receipt, unless otherwise indicated herein. The mailing address of each party to this AGREEMENT is as follows: CITY: Elaine Jeng, PE, City Manager City of Rolling Hills No. 2 Portuguese Bend Road Rolling Hills, CA 90274 CONSULTANT: DCA Civil Engineering Group, Inc. Attn: Steve Cummins 17625 Crenshaw Blvd. Suite 300 Torrance, CA 90504 318 23. GOVERNING LAW This AGREEMENT shall be governed by and construed in accordance with the laws of the State of California, and all applicable federal statutes and regulations as amended. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on the date and year first above written. CITY OF ROLLING HILLS CONSULTANT CITY MANAGER ______ _____ ________ ELAINE JENG, PE DATE:___________ DATE:_____________ ATTEST: ______ _____ CITY CLERK APPROVED AS TO FORM: ______ _____ PATRCK DONEGAN, CITY ATTORNEY 319 Exhibit A Scope of Work 320 Exhibit B Cost of Services 321 Exhibit C FEDERAL CONTRACT PROVISIONS During the performance of this contract, Consultant shall comply with all applicable federal laws and regulations including but not limited to the federal contract provisions in this Exhibit. 1. CONTRACTING WITH SMALL AND MINORITY FIRMS, WOMEN’S BUSINESS ENTERPRISE AND LABOR SURPLUS AREA FIRMS (2 C.F.R. § 200.321) (A) Consultant shall be subject to 2 C.F.R. § 200.321 and will take affirmative steps to assure that minority firms, women’s business enterprises, and labor surplus area firms are used when possible and will not be discriminated against on the grounds of race, color, religious creed, sex, or national origin in consideration for an award. (B) Affirmative steps shall include: (i) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (ii) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (iii) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women's business enterprises; (iv) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women's business enterprises; and (v) Using the services/assistance of the Small Business Administration (SBA), and the Minority Business Development Agency (MBDA) of the Department of Commerce. Consultant shall submit evidence of compliance with the foregoing affirmative steps when requested by the City. Notwithstanding the foregoing, the affirmative steps requirements detailed above do not apply in the case of a noncompetitive procurement made under the emergency exception/exigency exception to competitive procurements. 322 2. COST PRINCIPLES (2 C.F.R. PART 200, SUBPART E) (A) If any indirect costs will be charged to the City under this contract, such costs must conform to the cost principles set forth under the Uniform Rules at 2 C.F.R. Part 200, subpart E (“Cost Principles”). In general, costs must (i) be necessary and reasonable; (ii) allocable to the grant award; (iii) conform to any limitations or exclusions set forth in the Cost Principles; (iv) be adequately documented; and (v) be determined in accordance with generally accepted accounting principles (“GAAP”), except, for state and local governments and Indian tribes only, as otherwise provided for in 2 C.F.R. Part 200, subpart E. 2 C.F.R. § 200.403. Costs that are determined unallowable pursuant to a federal audit are subject to repayment by Consultant. 3. ACCESS TO RECORDS & RECORD RETENTION (2 C.F.R. 200.336) (A) Consultant shall comply with 2 C.F.R. § 200.336 and provide the Federal Agency, Inspectors General, the Comptroller General of the United States, City, and the State of California or any of their authorized representatives access, during normal business hours, to documents, papers, books and records which are directly pertinent to this contract for the purposes of making and responding to audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to the Consultant's personnel for the purpose of interview and discussion related to the books and records. (B) The Consultant agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (C) The Consultant agrees to provide the Federal Agency or its authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. (D) In compliance with the Disaster Recovery Act of 2018, the City and Consultant acknowledge and agree that no language in this contract is intended to prohibit audits or internal review by the FEMA Administrator or the Comptroller General of the United States. 4. REQUIRED CONTRACT PROVISIONS IN ACCORDANCE WITH APPENDIX II TO PART 200 – CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS (2 C.F.R. § 200.326) (A) Appendix II to Part 200 (A); Appendix II to Part 200 (B): Remedies for Breach; Termination for Cause/Convenience. If the contract is in excess of $10,000 and the contract does not include provisions for both termination for cause and termination for convenience by the City, including the manner by which it will be effected and the basis for settlement, then the following termination clauses shall apply. If the contract is for more than the simplified acquisition threshold (see 2 C.F.R. § 200.88) and does not provide for administrative, contractual, or legal remedies in instances where Contractor violates or breaches the terms of the contract, then the following termination clauses shall apply and have precedence over the contract. Otherwise, the following termination clauses shall not be applicable to the contract. 323 (i) Termination for Convenience. The City may, by written notice to Consultant, terminate this contract for convenience, in whole or in part, at any time by giving written notice to Consultant of such termination, and specifying the effective date thereof (“Notice of Termination for Convenience”). If the termination is for the convenience of the City, the City shall compensate Consultant for work or materials fully and adequately provided through the effective date of termination. No amount shall be paid for unperformed work or materials not provided, including anticipated profit. Consultant shall provide documentation deemed adequate by the City to show the work actually completed or materials provided by Consultant prior to the effective date of termination. This contract shall terminate on the effective date of the Notice of Termination. (ii) Termination for Cause. If Consultant fails to perform pursuant to the terms of this contract, the City shall provide written notice to Consultant specifying the default (“Notice of Default”). If Consultant does not cure such default within ten (10) calendar days of receipt of Notice of Default, the City may terminate this contract for cause. If Consultant fails to cure a default as set forth above, the City may, by written notice to Consultant, terminate this contract for cause, in whole or in part, and specifying the effective date thereof (“Notice of Termination for Cause”). If the termination is for cause, Consultant shall be compensated for that portion of the work or materials provided which has been fully and adequately completed and accepted by the City as of the date the City provides the Notice of Termination. In such case, the City shall have the right to take whatever steps it deems necessary to complete the project and correct Consultant's deficiencies and charge the cost thereof to Consultant, who shall be liable for the full cost of the City's corrective action, including reasonable overhead, profit and attorneys' fees. (iii) Reimbursement; Damages. The City shall be entitled to reimbursement for any compensation paid in excess of work rendered or materials provided and shall be entitled to withhold compensation for defective work or other damages caused by Consultant’s performance of the work. (iv) Additional Termination Provisions. Upon receipt of a Notice of Termination, either for cause or for convenience, Consultant shall promptly discontinue the work unless the Notice directs to the contrary. Consultant shall deliver to the City and transfer title (if necessary) to all provided materials and completed work, and work in progress including drafts, documents, plans, forms, maps, products, graphics, computer programs and reports. Consultant acknowledges the City’s right to terminate this contract with or without cause as provided in this Section, and hereby waives any and all claims for damages that might arise from the City’s termination of this contract. The City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed work or materials not provided, and shall not be entitled to damages or compensation for termination of work or supply of materials. If City terminates this contract for cause, and it is later determined that the termination for cause was wrongful, the termination shall automatically be converted to and treated as a termination for convenience. In such event, Consultant shall be entitled to receive only the amounts payable under this Section, and Consultant specifically waives any claim for any other amounts or damages, including, but 324 not limited to, any claim for consequential damages or lost profits. The rights and remedies of the City provided in this Section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this contract including, but not limited to, the right to specific performance. (B) Appendix II to Part 200 (C) – Equal Employment Opportunity: Except as otherwise provided under 41 C.F.R. Part 60, if this contract meets the definition of a “federally assisted construction contract” in 41 C.F.R. § 60-1.3, then Consultant shall comply with the following equal opportunity clause, in accordance with Executive Order 11246 of September 24, 1965 entitled “Equal Employment Opportunity,” as amended by Executive Order 11375 of October 13, 1967 and implementation regulations at 41 C.F.R. Chapter 60: (i) Consultant will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. Consultant will take affirmative action to insure that applicants are employed and that employees are treated equally during employment, without regard to race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment upgrading, demotion, transfer, recruitment, or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training including apprenticeship. Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this nondiscrimination clause. (ii) Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant, state that all qualified applicants will receive consideration for employment without regard to their race, color, religion, sex, or national origin. (iii) Consultant will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with Consultant's legal duty to furnish information. (iv) Consultant will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under Section 202 of Executive Order No. 11246 of 325 September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (v) Consultant will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (vi) Consultant will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (vii) In the event of Consultant's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be cancelled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No.11246 of Sept. 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No.11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (viii) Consultant will include the provisions of paragraphs (i) through (viii) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24,1965, so that such provisions will be binding upon each subcontractor or vendor. Consultant will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event Consultant becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, Consultant may request the United States to enter into such litigation to protect the interests of the United States. (C) Appendix II to Part 200 (D) – Davis-Bacon Act; Copeland Act: Not applicable to this contract. (D) Appendix II to Part 200 (E) – Contract Work Hours and Safety Standards Act: (i) If this contract is in excess of $100,000 and involves the employment of mechanics or laborers, Consultant shall comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. Part 5). Under 40 U.S.C. 3702, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and 326 provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. (ii) No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (iii) In the event of any violation of the clause set forth in paragraph (ii) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (ii) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (ii) of this section. (iv) The City shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Consultant or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (iii) of this section. (v) The Consultant or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (ii) through (v) of this Section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (ii) through (v) of this Section. (E) Appendix II to Part 200 (F) – Rights to Inventions Made Under a Contract or Agreement: (i) If the Federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the non-Federal entity wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution 327 of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the non-Federal entity must comply with the requirements of 37 C.F.R. Part 401 (Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements), and any implementing regulations issued by the City. (ii) The regulation at 37 C.F.R. § 401.2(a) currently defines “funding agreement” as any contract, grant, or cooperative agreement entered into between any Federal agency, other than the Tennessee Valley Authority, and any contractor for the performance of experimental, developmental, or research work funded in whole or in part by the Federal government. This term also includes any assignment, substitution of parties, or subcontract of any type entered into for the performance of experimental, developmental, or research work under a funding agreement as defined in the first sentence of this paragraph. (iii) This requirement does not apply to the Public Assistance, Hazard Mitigation Grant Program, Fire Management Assistance Grant Program, Crisis Counseling Assistance and Training Grant Program, Disaster Case Management Grant Program, and Federal Assistance to Individuals and Households – Other Needs Assistance Grant Program, as FEMA awards under these programs do not meet the definition of “funding agreement.” (F) Appendix II to Part 200 (G) – Clean Air Act and Federal Water Pollution Control Act: If this contract is in excess of $150,000, Consultant shall comply with all applicable standards, orders, or requirements issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). (i) Pursuant to the Clean Air Act, (1) Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq., (2) Consultant agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection City Regional Office, and (3) Consultant agrees to include these requirements in each subcontract exceeding $150,000. (ii) Pursuant to the Federal Water Pollution Control Act, (1) Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., (2) Consultant agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Consultant agrees to include these requirements in each subcontract exceeding $150,000. (G) Appendix II to Part 200 (H) – Debarment and Suspension: A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the 328 OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 C.F.R. part 1986 Comp., p. 189) and 12689 (3 C.F.R. part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. (i) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such Consultant is required to verify that none of the Consultant, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (ii) Consultant must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (iii) This certification is a material representation of fact relied upon by City. If it is later determined that Consultant did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (iv) Consultant warrants that it is not debarred, suspended, or otherwise excluded from or ineligible for participation in any federal programs. Consultant also agrees to verify that all subcontractors performing work under this contract are not debarred, disqualified, or otherwise prohibited from participation in accordance with the requirements above. Consultant further agrees to notify the City in writing immediately if Consultant or its subcontractors are not in compliance during the term of this contract. (H) Appendix II to Part 200 (I) – Byrd Anti-Lobbying Act: If this contract is in excess of $100,000, Consultant shall have submitted and filed the required certification pursuant to the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1353). If at any time during the contract term funding exceeds $100,000.00, Consultant shall file with the City the Federal Standard Form LLL titled “Disclosure Form to Report Lobbying.” Consultants that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency. (I) Appendix II to Part 200 (J) – Procurement of Recovered Materials: (i) Consultant shall comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements 329 of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement. (ii) Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency. (iii) Information about this requirement, along with the list of EPA-designate items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg- program. 5. MISCELLANEOUS PROVISIONS (A) The Consultant shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA preapproval. (B) This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of this contract. The Consultant will comply with all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives. (C) Consultant acknowledges that 31 U.S.C. Chapter 38 (Administrative Remedies for False Claims and Statements) applies to the Consultant’s actions pertaining to this contract. (D) The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the City, Consultant, any subcontractors or any other party pertaining to any matter resulting from the contract. (E) General and Administrative Expenses And Profit For Time And Materials Contracts/Amendments. (i) General and administrative expenses shall be negotiated and must conform to the Cost Principles. (ii) Profit shall be negotiated as a separate element of the cost. To establish a fair and reasonable profit, consideration must be given to the complexity of the work to be performed, the risk borne by the Consultant, the Consultant's investment, the amount of subcontracting, the quality of its record of past performance, and industry profit rates in the surrounding geographical area for similar work. (iii) Any agreement, amendment or change order for work performed on a time and materials basis shall include a ceiling price that Consultant exceeds at its own risk. 330 IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the date and year first written above. CITY OF ROLLING HILLS STEVE CUMMINS, P.E., DCA CIVIL ENGINEERING GROUP, INC __________________________ __________________________ ELAINE JENG, City Manager Steve Cummins, P.E. ATTEST: __________________________ CHRISTIAN HORVATH CITY CLERK APPROVED AS TO FORM: __________________________ PATRICK DONEGAN CITY ATTORNEY 331 EXHIBIT A 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 Agenda Item No.: 12.E Mtg. Date: 06/12/2023 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:RECEIVE A REPORT ON THE MAY 25, 2023 TRAFFIC COMMISSION MEETING AND PROVIDE DIRECTION TO STAFF DATE:June 12, 2023 BACKGROUND: The Traffic Commission met on Thursday, May 25, 2023, to discuss the following items: Report from the Sheriff's Department for traffic statistics from Deputy Sullivan Consider Safety Concerns on Outrider Road Discuss Speed Limit Signs on Portuguese Bend Road, Crest Road, and Eastfield Drive Commissioners Val Margeta was absent from the meeting. DISCUSSION: Report from the Sheriff's Department Deputy Sullivan gave a presentation on traffic enforcement for March and April 2023. He explained they now have several trained deputies in Light Detection and Ranging (LIDAR) and Radio Detection and Ranging (RADAR) speed enforcement. Staff explained that the supplemental traffic enforcement is currently budgeted for $165,000. Based on previous reports, patrol usually averages five days a month, but actual time spent is difficult to determine. The Traffic Commission recommended in March 2023 to end supplemental traffic enforcement, which was subsequently accepted by City Council. Based on the new information that more deputies are trained to issue speeding tickets, the Traffic Commission discussed reconsidering its recommendation. However, no action was taken. Safety Concerns on Outrider Road Shirley Langer of 6 Possum Ridge Road expressed safety concerns about a hairpin curve next to a steep slope on Outrider Road. She has family that lives on Outrider Road and recommended guardrails be installed. Traffic Engineer Vanessa Munoz visited the location and reported to the Traffic Commission. There were no reportable incidents or accidents at the curve. The Traffic Commission did not find guardrails warranted and accepted Ms. Munoz's recommendation not to install them. Mrs. Langer was informed of the Traffic Commission's 354 decision. Speed Limit Signs This issue was discussed in part due to concerns raised by Nancy Schmoller of 4 Middleridge Lane South. Traffic Engineer Munoz provided a presentation on speed limit signs along Portuguese Bend Road, Crest Road, and Eastfield Drive. Based on her review, she recommended the City consider two new speed limit signs along Portuguese Bend Road, one new speed limit sign along Crest Road, and one along Eastfield Drive. She also recommended an existing sign along Portuguese Bend Road be removed and replaced because of its size. The Traffic Commission voted unanimously to accept the recommendation. Mrs. Schmoller was informed of the Traffic Commission's decision. FISCAL IMPACT: The Sheriff's Department has a supplemental overtime fund that covers the City of Rolling Hills. Officers act on the supplemental overtime fund on a voluntary basis. For FY 2022-23, the traffic enforcement budget is $25,000. The City's Traffic Engineer, Vanessa Munoz of Willdan Engineering, is paid from the General Fund. RECOMMENDATION: Discuss and provide direction to staff on: 1. Reinstating supplemental traffic enforcement; 2. Accepting the Traffic Commission's action to not provide guardrails on Outrider Road; and 3. Accepting the Traffic Commission's recommendation to install four speed limit signs and replace one sign. ATTACHMENTS: CL_AGN_230525_TC_LACSD_April-May_2023_Traffic.pdf CL_AGN_230525_Outrider_Road_Curve.pdf CL_AGN_230525_TC_PBR-Crest-Eastfield_Speed_Limit_Memorandum_05.17.2023.pdf 355 APRIL 2023 ROLLING HILLS TRAFFIC ENFORC23RE011226DATELOCATION VIOLATION SPEEDRESIDENT CITESNON-RESIDENT CITESDEPUTY4/3/2023 Crest Road/Southfield Dr Speed 52 0 1 DuarteCrest Road/Southfield Dr Speed 50 0 1 DuarteCrest Road/Southfield Dr Stop Sign 1 0 DuarteCrest Road/Southfield Dr Stop Sign 1 0 DuarteCrest Road/Portuguese Bend Rd Stop Sign 1 0 Duarte 10356 March 2023 ROLLING HILLS TRAFFIC ENFORC23RE011167DATELOCATION VIOLATION SPEEDRESIDENT CITESNON-RESIDENT CITESDEPUTY3/6/2023 Blackwater Canyon Rd/Portuguese Bend Rd Stop Sign 1 0 MaestasBlackwater Canyon Rd/Portuguese Bend Rd Stop Sign 0 1 MaestasBlackwater Canyon Rd/Portuguese Bend Rd Stop Sign 1 0 MaestasBlackwater Canyon Rd/Portuguese Bend Rd Stop Sign 1 0 Maestas 3/13/2023 Crest Road/Southfield Dr Stop Sign 0 1 DuarteCrest Road/Caballeros Road Stop Sign 1 0 DuarteCrest Road/Caballeros Road Stop Sign 0 1 DuarteCrest Road/Caballeros Road Stop Sign 0 1 Duarte Crest Road/Southfield Dr Stop Sign 0 1 DuarteCrest Road/Portuguese Bend Rd Stop Sign 1 0 Duarte 3/16/2023 Eastfield Dr/Open Brand Road Stop Sign 1 0 ClotworthyEastfield Dr/Open Brand Road Stop Sign 0 1 ClotworthyEastfield Dr/Open Brand Road Stop Sign 0 1 ClotworthyEastfield Dr/Open Brand Road Stop Sign 0 1 ClotworthyEastfield Dr/Open Brand Road Stop Sign 0 1 Clotworthy3/20/2023 Crest Road/Caballeros Road Stop Sign 1 0 DuarteCrest Road/Caballeros Road Stop Sign 1 0 DuarteCrest Road/Caballeros Road Stop Sign 1 0 DuarteCrest Road/Caballeros Road Stop Sign 1 0 Duarte 11357 DATELOCATION VIOLATION SPEEDRESIDENT CITESNON-RESIDENT CITESDEPUTYCrest Road/Caballeros Road Stop Sign 1 0 DuarteCrest Road/Caballeros Road Stop Sign 1 0 Duarte3/27/2023 Crest Road/Southfield Speed 45 1 0 DuarteCrest Road/Southfield Speed 40 0 1 DuarteCrest Road/Caballeros Road Stop Sign 0 1 DuarteCrest Road/Caballeros Road Speed 40 0 1 DuarteCrest Road/Portuguese Bend Road Speed 40 1 0 DuarteCrest Road/Southfield Stop Sign 1 0 Duarte 12358 CURVE ON OUTRIDER ROAD 359 CURVE ON OUTRIDER ROAD Views Looking Downhill 360 CURVE ON OUTRIDER ROAD Views Looking Uphill 361 Memorandum TO: Elaine Jeng, PE, City Manager FROM: Vanessa Munoz, City Traffic Engineer DATE: May 17, 2023 SUBJECT: Portuguese Bend Road, Crest Road, and Eastfield Drive Speed Limit Signs This memorandum is in response to the request by City staff to review and provide input on the location of speed limit signs along Portuguese Bend Road, Crest Road, and Eastfield Drive. On Wednesday May 10, 2023, a field review of the existing location of speed limit signs was performed and the existing signs are noted in Exhibit A. Speed limits signs standard posting is defined by the California Manual of Uniform Traffic Control Devices (CA MUTCD) Section 2B.13.03 and 2B13.04 which reads “speed limits signs, indicating speed limits for which posting is required by law, shall be located at the point of change from one speed limit to another and “where it is necessary to remind road users of the speed limit that is applicable.” Based on engineering judgment and the CA MUTCD standards for speed limit sign posting, we recommend additional speed limit signs be installed along Portuguese Bend Road, Crest Road and Eastfield Drive as detailed in Exhibit A. 362 © 2023 Microsoft Corporation © 2023 Maxar ©CNES (2023) Distribution Airbus DS Speed Limit Sign Locations (#105238)City of Rolling HillsEXHIBIT APortuguese Bend Road, Crest Road, and Eastfield DrSpeed Limit Sign InstallationLegend:Existing Sign as notedProposed Sign on Existing Postas notedProposed Sign and Post as notedCREST RD WESTCREST RD EASTE A S T F I E L D D R PORTU G U E S E B E N D R D ***Note: Exact sign locations shall bedetermined and verified in the fieldto eliminate view obstruction forsurrounding residents.363 Agenda Item No.: 12.F Mtg. Date: 06/12/2023 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:ROBERT SAMARIO, FINANCE DIRECTOR THRU:ELAINE JENG P.E., CITY MANAGER SUBJECT:FINAL RECOMMENDED BUDGET FOR FISCAL YEAR 2023/24 DATE:June 12, 2023 BACKGROUND: Over the last several months, the City Council and staff have been working in earnest on developing the budget for fiscal year 2023/24 that begins July 1, 2023. Much of the effort was aimed at eliminating a preliminarily calculated operating deficit in the General Fund, the City's largest and primary operating fund. After several iterations and a number of reductions to budgeted expenditures, the General Fund operating budget was balanced. However, one of the key balancing measures tentatively used was the elimination of the current subsidy provided by the General Fund to the Refuse Fund next fiscal year, which first started in fiscal year 2016 when City Council froze refuse rates at $1,100 per year, per parcel. Based on the cost per parcel in fiscal year 2023/24 of $1,432.11, the General Fund subsidy will grow to an estimated $227,000. Since the projected General Fund operating deficit was based on very preliminary revenue and expenditure amounts, Council decided to wait until more revenue data was available later in the fiscal year, in particular property taxes, before deciding on the subsidy, and directed staff to continue to look for opportunities to reduce the expenditure budget. DISCUSSION: In April of 2023, staff spend considerable time evaluating each expenditure account to (1) gain a better understanding of what specific costs are included/charged to the account, (2) analyze recent trends, and (3) more accurately determine hoe much needs to be budgeted in the upcoming fiscal year. In addition, revenues were analyzed again based on new information and transactions through March 31, 2023. As a result of these efforts, staff identified a number of additional reductions to budgeted expenditures along with increased revenue estimates. These adjustments revisions were presented to the Finance Committee and then Council in early May. As a result of these 364 revisions, the General Fund had a budgeted surplus of approximately $214,000. However, Council also approved funding the Solar and Battery Back-Up Capital Project at a cost of $250,000 which would need approximately $36,000 in reserves to fully fund. Finally, as directed by Council, staff evaluated revenues that were received in May, particularly property taxes, to determine if additional revenues might be available to reduce the use of reserves and potentially avoid eliminating entirely the existing subsidy to the Refuse Fund and thus the impacts to rate payers. Unfortunately, the revenues received in May did not materially affect the overall revenue picture. In fact, it appears property tax revenues will be approximately $35,000 below the May projections. However, this was offset by other favorable adjustments which, combined with the new property tax estimate, results in a net increase in revenues of just $4,978. In addition, staff proposes an increase to the budget for the annual audit by $12,400 based on the fees proposed by LSL for next year's audit and by $20,000 to align the budget for contracted finance services to expected actual. In summary, the revised budgeted operating surplus for the General Fund is approximately $187,000. When factoring in the Solar Power and Battery Back-Up Capital Project, the General Fund budget will include the use of reserves of $63,163. In addition, since these figures assume the complete elimination of the General Fund subsidy to the Refuse Fund, the City Council will need to decide on to what extent refuse rates will be increased in addition to the two budget adjustments proposed by staff. Note that the City is holding a public hearing on refuse rates as a separate item on the current Council agenda. At this juncture, staff is seeking final direction on all aspects of proposed the budget, including the Refuse Fund subsidy, in preparation for adoption on June 26, 2023. FISCAL IMPACT: None. RECOMMENDATION: Make final decisions on both the proposed revenue and expenditures for all City funds, including the General Fund, restricted funds, the Capital Improvement Fund, and the Refuse Fund. ATTACHMENTS: CL_AGN_230612_Final_FY_2023-24_GeneralFund_RevenueProjections.pdf CL_AGN_230612_CC_FY2023-24_Final_ExpenditureBudget_GeneralFund.pdf CL_AGN_230612_CC_FY23-24_FinalBudget_OtherFunds.pdf 365 Actuals FY 2023 Thru Year-End Estimated Inc (Decr) Adopted 5/26/23 Estimate YE Var.February 13 May 1 June 12 From May 1 Property Taxes 1,425,207$ 1,404,234$ 1,425,000$ (207)$ 1,484,000$ 1,531,327$ 1,496,250$ (35,077)$ Sales Taxes 19,300 12,560 13,500 (5,800) 11,330 13,905 13,905 - Property Transfer Tax 122,706 36,584 54,584 (68,122) 51,500 41,934 56,222 14,288 Other Taxes - 546 1,000 1,000 1,000 1,000 1,000 - Motor Vehicle In Lieu 252,000 132,885 263,988 11,988 265,200 265,200 269,267 4,067 Building & Other Permits 475,000 534,641 600,000 125,000 533,252 600,000 600,000 - C&D Permits - 4,650 5,073 5,073 4,000 5,600 5,600 - Variance, Planning & Zoning 20,000 61,104 66,659 46,659 40,000 45,000 67,000 22,000 Animal Control Fees 250 92 150 (100) 250 150 150 - Franchise Fees 14,000 11,532 12,580 (1,420) 15,000 13,400 13,000 (400) Fines & Traffic Violations 4,500 3,346 3,650 (850) 4,500 3,500 3,500 - Cost Recoivery - Publications 15,000 5,397 7,196 (7,804) 10,000 7,200 7,200 - RHCA Lease Revenue 69,000 51,743 69,000 - 69,000 69,000 69,000 - Public Safety Aug Fund 1,000 755 1,200 200 1,100 1,100 1,200 100 Burglar Alarm Response 500 - - (500) - - - - Interest on Investments 40,000 101,493 110,720 70,720 60,000 110,000 110,000 - PARS Earnings 20,239 17,333 19,000 (1,239) 20,000 20,000 20,000 - Miscellaneous Revenue 5,000 5,745 6,000 1,000 5,000 5,000 5,000 - Transfer In - ARPA Fund 220,682 165,512 220,682 - - - - - Transfers In - Refuse Fund 24,000 18,000 24,000 - 24,000 24,000 24,000 - TOTALS 2,728,383$ 2,568,151$ 2,903,982$ 175,598$ 2,599,132$ 2,757,316$ 2,762,294$ 4,978$ CITY OF ROLLING HILLS General Fund Revenues Final Fiscal Year 2023/24 Revenue Projections FY 2023/24 Projections 366 Ongoing Council Adjusted FBA Comm.Final Proposed Baseline Adjustments Budget Recomm'd Adjusts.Budget 01 - CITY ADMINISTRATOR 702 Salaries -Full Time 474,258$ -$ 474,258$ 31,036$ -$ 505,294$ 705 Temporary Salaries - - - 7,000 - 7,000 710 Retirement CalPERS-Employer 39,769 - 39,769 7,166 - 46,935 712 CalPERS Unfunded Liability 65,095 (65,095) - - - - 715 Workers Compensation Insurance 8,100 - 8,100 1,000 - 9,100 716 Group Insurance 71,316 - 71,316 1,591 - 72,907 717 Retiree Medical 35,231 - 35,231 2,269 - 37,500 718 Employer Payroll Taxes 36,997 - 36,997 2,404 - 39,401 719 Deferred Compensation 4,559 - 4,559 159 - 4,718 720 Auto Allowance 4,800 - 4,800 - - 4,800 721 Phone Allowance 1,970 - 1,970 550 - 2,520 740 Office Supplies 11,000 - 11,000 2,000 - 13,000 745 Equipment Leasing Costs 11,450 - 11,450 (450) - 11,000 750 Dues & Subscriptions 16,240 - 16,240 (2,000) - 14,240 755 Conference Expense 10,000 (8,127) 1,873 - - 1,873 757 Meetings Expense 2,000 - 2,000 - - 2,000 759 Training & Education 5,000 - 5,000 - - 5,000 761 Auto Mileage 500 - 500 - - 500 765 Postage 21,000 - 21,000 - - 21,000 775 City Council Expense 10,000 (5,000) 5,000 - - 5,000 776 Miscellaneous Expenses 6,200 - 6,200 (1,450) - 4,750 780 Comm./Newsletters & Outreach 5,000 - 5,000 - - 5,000 785 Codification 5,000 - 5,000 (2,000) - 3,000 790 Advertising 2,400 - 2,400 - - 2,400 795 Other Gen Admin Expense 1,050 - 1,050 1,450 - 2,500 801 City Attorney 120,000 - 120,000 (30,000) - 90,000 802 Legal Expense - Other 3,000 - 3,000 - - 3,000 820 Website 6,000 - 6,000 - - 6,000 850 Election Expense City Council 15,000 (15,000) - - - - 890 Consulting Fees - - - 35,000 - 35,000 891 Records Management 1,700 - 1,700 - - 1,700 Total City Administrator 994,635 (93,222) 901,413 55,725 - 957,138 CITY OF ROLLING HILLS FY 2023/24 Expenditure Budget Ongoing Expenditures Department/Object Account Final Recommended Budget 1 Page: 1367 Ongoing Council Adjusted FBA Comm.Final Proposed Baseline Adjustments Budget Recomm'd Adjusts.Budget CITY OF ROLLING HILLS FY 2023/24 Expenditure Budget Ongoing Expenditures Department/Object Account Final Recommended Budget 05 - Finance 750 Dues & Subscriptions 2,000 - 2,000 1,000 - 3,000 810 Annual Audit 18,500 - 18,500 500 12,400 31,400 890 Consulting Fees 120,000 - 120,000 - 20,000 140,000 Total Finance 140,500 - 140,500 1,500 32,400 174,400 15- PLANNING & DEVELOPMENT 702 Salaries 236,748 - 236,748 (24,233) - 212,515 703 Salaries - Part-Time 26,587 - 26,587 1,023 - 27,610 710 Retirement CalPERS-Employer 18,100 - 18,100 (1,350) - 16,750 715 Workers Comp. Insurance 4,000 - 4,000 (100) - 3,900 716 Group Insurance 44,275 - 44,275 (1,606) - 42,669 718 Employer Payroll Taxes 20,237 - 20,237 (1,710) - 18,527 719 Deferred Comp - - - 865 - 865 720 Auto Allowance 1,200 - 1,200 - - 1,200 721 Phone Allowance 600 - 600 - - 600 761 Auto Mileage 300 - 300 - - 300 750 Dues & Subscription 1,000 - 1,000 4,500 - 5,500 755 Conference Expense 5,000 (3,115) 1,885 (1,500) - 385 759 Training & Education 1,000 - 1,000 - - 1,000 790 Publication/Advertising/Noticing 15,000 - 15,000 - - 15,000 802 Legal Expenses-Other 20,000 - 20,000 (10,000) - 10,000 872 Property Development-Legal Exp 80,000 (20,000) 60,000 (10,000) - 50,000 875 Willdan Building 50,000 - 50,000 (20,000) - 30,000 878 Build Inspect. LA County 150,000 150,000 300,000 (50,000) - 250,000 881 Storm Water Management 97,142 (21,719) 75,423 8,677 - 84,100 884 Special Project Study & Consult.20,000 - 20,000 - - 20,000 886 Code Enforcement 82,880 (20,000) 62,880 - - 62,880 890 Consulting Fees (Onward)- - - - - - 928 Traffic Engineering 5,000 - 5,000 - - 5,000 Total Planning & Development 879,069 85,166 964,235 (105,434) - 858,801 2 Page: 2368 Ongoing Council Adjusted FBA Comm.Final Proposed Baseline Adjustments Budget Recomm'd Adjusts.Budget CITY OF ROLLING HILLS FY 2023/24 Expenditure Budget Ongoing Expenditures Department/Object Account Final Recommended Budget 25 - Public Safety 830 Law Enforcement 225,000 - 225,000 30,000 - 255,000 833 Other Law Enforcement Exp 4,000 - 4,000 - - 4,000 837 Wild Life Mgmt & Pest Control 10,000 - 10,000 (4,000) - 6,000 838 Animal Control Expense 6,000 - 6,000 (1,000) - 5,000 Total Public Safety 245,000 - 245,000 25,000 270,000 65 - NON-DEPARTMENTAL 895 Insurance & Bond Expense 29,657 - 29,657 7,361 - 37,018 901 South Bay Comm. Organization 15,000 (5,000) 10,000 - - 10,000 915 Community Recognition 20,000 (10,000) 10,000 - - 10,000 917 Emergency Preparedness 221,700 (62,800) 158,900 (81,900) - 77,000 Total Non-Departmental 286,357 (77,800) 208,557 (74,539) - 134,018 75 - CITY PROPERTIES 892 IT Services 54,000 (2,500) 51,500 9,700 - 61,200 893 Granicus Services 8,000 - 8,000 300 - 8,300 894 Computer Hardware Fund 5,000 - 5,000 - - 5,000 925 Utilities 85,212 (25,212) 60,000 - - 60,000 930 Repairs & Maintenance 35,000 (25,000) 10,000 6,000 - 16,000 932 Area Landscaping 12,500 - 12,500 3,100 - 15,600 946 Buildings & Equipment - - - 15,000 - 15,000 Total City Properties 199,712 (52,712) 147,000 34,100 - 181,100 TOTALS BEFORE TRANSFERS 2,745,273 (138,568) 2,606,705 (63,648) 32,400 2,575,457 OPERATING TRANSFERS OUT 999 Capital Impr Fund (Fund 40)- - - 250,000 - 250,000 999 Refuse Fund (Fund 50)168,500 (168,500) - - - - Total Transfers Out 168,500 (168,500) - 250,000 - 250,000 GENERAL FUND TOTALS 2,913,773$ (307,068)$ 2,606,705$ 186,352$ 32,400$ 2,825,457$ 3 Page: 3369 FY 2023 Actuals Preliminary Preliminary Amended Thru Year-End FY 2023/24 Budget 03/31/23 Estimate Estimates 10 - COPS FUND Revenues 570 COPS Allocation 165,000$ 165,371$ 165,371$ 165,000$ Expenditures 840 COPS Program Expenditures 165,000 111,541 165,371 165,000 Revenues Over (Under) Expenditures -$ 53,831$ -$ -$ 25 - PROPOSITION A FUND Revenues 500 Grant Revenues 45,000$ 37,690$ 50,254$ 52,000$ 670 Interest Earned 200 - 300 300 Total Revenues 45,200 37,690 50,554 52,300 Expenditures 620 Prop A Exchange 58,400 - 50,000 - Revenues Over (Under) Expenditures (13,200)$ 37,690$ 554$ 52,300$ 26 - PROPOSITION C Revenues 501 Grant Revenue-Prop C 37,000$ 31,263$ 41,684$ 43,000$ 670 Interest Earned 200 - 250 250 Total Revenues 37,200 31,263 41,934 43,250 Expenditures 906 Prop C Gifted - - - - Revenues Over (Under) Expenditures 37,200$ 31,263$ 41,934$ 43,250$ CITY OF ROLLING HILLS Fiscal Year 2023/24 Proposed Budget Restricted, Capital, and Refuse Funds 1 370 FY 2023 Actuals Preliminary Preliminary Amended Thru Year-End FY 2023/24 Budget 03/31/23 Estimate Estimates 27- MEASURE R TRANSIT Revenues 502 Measure R Grant Revenues 28,000$ 23,437$ 31,250$ 33,000$ 670 Interest Earned 200 - 250 250 Total Revenues 28,200 23,437 31,500 33,250 Expenditures 907 Measure R Gifted - - - - Revenues Over (Under) Expenditures 28,200$ 23,437$ 31,500$ 33,250$ 29 - MEASURE M Revenues 507 Measure M Local Return 31,000$ 26,518$ 35,357$ 37,000$ 670 Interest Earned 200 - 250 250 Total Revenues 31,200 26,518 35,607 37,250 Expenditures XXX Measure M Gifted - - - - Revenues Over (Under) Expenditures 31,200$ 26,518$ 35,607$ 37,250$ 30 - MEASURE W Revenues 508 Grant Revenues 105,000$ 104,457$ 104,457$ 105,000$ 670 Interest Earned - 500 500 Total Revenues 105,000 104,457 104,957 105,500 Expenditures 913 Storm Water Management - 30%40,000 2,337 31,300 31,650 914 Storm Water Management - 70%40,000 48,689 74,000 73,850 80,000 51,025 105,300 105,500 Revenues Over (Under) Expenditures 25,000$ 53,431$ (343)$ -$ 2 371 FY 2023 Actuals Preliminary Preliminary Amended Thru Year-End FY 2023/24 Budget 03/31/23 Estimate Estimates 40 - CAPITAL PROJECTS FUND Revenues Transfers from General Fund 1,163,720$ 132,056$ 582,827$ 250,000$ 1,163,720 132,056 582,827 250,000 Expenditures 899 Outdoor Siren System - Design & Constr 300,000 6,780 40,000 - 935 Tennis Court Improvenments 5,000 - - - 947 Non-Building Improvements - 1,560 1,560 - 949 Battery/Solar Back-Up - - - 250,000 961 Middleridge Road Emergency Storm Drain Repairs 455,868 52,233 150,000 - 962 Phase 1 Bifurcated 8" Sewer Main Engineering 23,670 - 23,670 - 963 Generator & Waterproof Removal and Electrical Svcs 60,170 - 60,170 - 964 HVAC Replacement Project 207,427 - 207,427 - Total Expenditures 1,061,145 53,891 482,827 250,000 Revenues Over (Under) Expenditures 102,575$ 78,165$ 100,000$ -$ 50 - REFUSE FUND Revenues 441 Construction & Demo Permits 20,000$ -$ -$ -$ 665 Service Charges 780,000 666,518 760,100 1,005,336 699 Transfers In - General Fund 168,500 126,375 208,892 - Total Revenues 968,500 792,893 968,992 1,005,336 Expenditures 815 Refuse Service Contract 944,500 472,088 944,500 981,336 790 Advertising - 492 492 - 999 Transfers Out 24,000 18,000 24,000 24,000 Total Expenditures 968,500 490,580 968,992 1,005,336 Revenues Over (Under) Expenditures -$ 302,313$ -$ -$ 3 372 Agenda Item No.: 12.G Mtg. Date: 06/12/2023 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:ELAINE JENG, CITY MANAGER THRU:ELAINE JENG P.E., CITY MANAGER SUBJECT:RECEIVE AND FILE A REPORT FROM THE AD HOC FIRE FUEL COMMITTEE ON THE JUNE 6, 2023 MEETING; AND PROVIDE DIRECTION TO STAFF DATE:June 12, 2023 BACKGROUND: After the November 2022 municipal election, the City Council elected a new mayor and the committee assignments changed. The standing Fire Fuel Committee of the City Council was changed to an Ad Hoc Committee of the City Council comprising of Mayor Pro Tem Leah Mirsch, and Councilmember Bea Dieringer. The Fire Fuel Ad Hoc Committee was charged with data collection relating to fuel management and fuel removal in the community. The mission of the Ad Hoc Committee was the result of the Fire Fuel Committee's work on a possible ordinance mandating residents to perform fire fuel management and removal on private property beyond the defensible space, defined as 200 feet from structure per the Los Angeles County Fire Code. The Fire Fuel Committee concluded that the community is voluntarily spending time and money to manage fire fuel on private property and a mandate is not necessary. However, the Fire Fuel Committee wanted to monitor progress and revisit the mandate if data showed a lack of fire fuel management and abatement in the community. According to the Los Angeles County Fire Department, unmanaged fire fuel could increase the risk of wildfires. The Fire Fuel Ad Hoc Committee was to provide recommendations to the City Council on the following: What data to collect to demonstrate progress in fire fuel management, and fuel abatement in the community? How to collect the necessary data and analyze the data? DISCUSSION: The Fire Fuel Ad Hoc Committee met on Tuesday, June 6, 2023 at the City Council Chambers at 6:30pm. One city staff listened in on the committee's conversation. Mayor Pro Tem Mirsch 373 has provided a report on the committee's discussion and recommendations. FISCAL IMPACT: None. RECOMMENDATION: Receive and file report and provide direction to staff. ATTACHMENTS: CL_AGN_230612_CC_AdHoc_FF_Committee_Report.pdf 374 Fire Fuel Ad-Hoc Committee Report out of June 6, 2023 Meeting BACKGROUND From 2021 through 2022 the Fire Fuel Sub-committee held 19 public meetings. The meetings were designed to heighten community awareness of the risks posed to life and property if a brush fire were to occur in the city, and to develop strategies to help reduce those risks. These risk factors covered all areas of fire safety, with a heavy emphasis on the high level of fuel loads in our city, caused by the presence of dead and overgrown vegetation, especially in our canyons and hillsides. These meetings resulted in many strategies/actions that helped residents understand the risks associated with fire fuel loads in our canyons, including education on best practices for vegetation management, a city-sponsored vegetation management project for properties located in the highest risk area (as identified by L.ACoFD), additional resources from Republic Services for no-cost options to dispose of vegetation, to name just a few. In the last quarter of 2022 the committee recommended, and the council agreed, that evaluation of the effectiveness of the strategies and efforts should be made, and to allow the residents time to begin any needed mitigation actions on their properties, and review if meaningful progress was being made. In the beginning of 2023, the Fire Fuel sub- committee was disbanded, and a new, ad-hoc committee was established ( MPT Mirsch and Councilmember Dieringer members), with the direction to gather data and report on the level of progress being made in reducing the amount of hazardous fire fuel throughout the community. COMMITTEE FINDINGS As the committee worked to identify ways to determine “how much progress was being made” it became apparent that, 1) data collection to this end was very difficult, and 2) how should progress be measured/defined. With various ways vegetation can be removed (private gardeners/tree services, Republic Services’ regular and special pick-ups, chipping and scattering in place methods, etc), and no requirement to report, what metrics could/should be used. Given these challenges, we believe the easiest and most practical method to gauge the community’s progress is by visual observation. Examples include” Before and After” photos (like those taken by RHCA on their project on the hillside at Portuguese Bend and Crest Rd,) and what we can see with our own eyes as we are out in the community. We can also make some common-sense assumptions based on observations of strategies like the communal bin events - example: if 8-10 40-yard bins are filled at each of the 2 annual events, significant vegetation is obviously being removed. But there are limitations to visual observation, since many properties, or the areas on the property where work might be needed or performed, are not visible from the streets or trails. Earlier this year the council considered using drones to provide aerial photos, but did not go forward with that strategy, primarily due to privacy concerns. The Committee realizes more options could be explored, and would offer the following suggestions for the council’s consideration: 1. Work with Fire Station 56 to see if they could provide a brief summary of their observations of progress and areas of concern upon completion of their annual fire inspections that begin this month. Feedback we have received from them in Block Captain meetings and other forums over the past year has been positive, and they have noted seeing progress throughout the community. They are actually our best “eyes on the ground “ 375 2. Develop ways to encourage residents to share their stories about the work they’ve done, ie . Rolling Hills Stroll magazine articles, ”Before & After” photo contest, city website postings, facebook, etc. 3. Staff has begun work to provide a Program Office that would serve as a one-stop contact point to assist property owners with resources and information on home hardening and vegetation management issues. We are in the process of recruiting a new Senior Management Analyst, and when that position is filled, they will work on implementation of the Program Office. When established, these interactions might also provide an opportunity to collect some data and encourage people to share their stories and successes. 4. Explore options using Google Earth or other existing sources of satellite imagery to provide visual observations and comparisons. FISCAL IMPACT None at this time. As strategies are developed, any costs associated with an item (example: Program Office) will be presented at the time of consideration. SUMMARY Progress is definitely being made, and there appears to be momentum that will spur continued efforts by many property owners. The heavy rains this year and resulting growth of weeds and diseased vegetation – which if unabated will increase fire fuel levels – provide additional challenges. And as we can see, after work has been performed to reduce overgrown vegetation, maintenance of those areas is required to avoid more overgrowth. The committee believes this issue is still very important to our community. Rolling Hills remains designated by CalFire as being at the highest level of fire risk. Although progress is being made, we feel continued support of projects/strategies already in place is essential. RECOMMENDATIONS Monitoring our progress is an integral part of gauging the effectiveness of the city’s current strategies, as well as identifying resources needed to support the community, and whether additional efforts may be necessary. We recommend that the council consider our information, and direct the ad hoc committee to continue efforts to evaluate progress being made in reduction of fire fuel levels within the community, and receive another report from the committee in four months. Respectfully submitted by MPT Mirsch and Councilmember Dieringer 376 Agenda Item No.: 12.H Mtg. Date: 06/12/2023 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:CONSIDER AND APPROVE CONTRACT CHANGE ORDER 03 WITH AC PROS TO RESOLVE ISSUES WITH THE EXISTING ELECTRICAL PANEL AND GROUND REQUIRED BY THE BUILDING INSPECTOR AS PART OF THE CITY HALL HEATING, VENTILATION, AIR CONDITIONING (HVAC) PROJECT 2023-01 DATE:June 12, 2023 BACKGROUND: On January 31, 2023, the City Hall HVAC Repair Project was advertised for construction bids. Three bids were received and on March 13, 2023 the City Council awarded a construction contract to AC Pros for $207,625 including a ten percent contingency ($18,875). Construction commenced on Wednesday, May 10, 2023 and anticipates completion on Thursday, June 15, 2023. DISCUSSION: The project requires a modification of the existing electrical panel which was identified during a job site meeting and discussion on Friday, June 2, 2023. As a result, AC Pros prepared Contract Change Order 3 (CCO 3) and submitted to the City earlier this week to resolve the issue with the existing electrical panel and ground as required by Los Angeles County's Building Inspector. Due to the late nature of this need to safely complete the project and ensure no potential damage would come to the newly installed equipment, CCO 3 was signed so as not to impede the finalization of construction efforts. FISCAL IMPACT: CCO 3 totals $2,674.60. This amount exceeds the project contingency of $18,875 approved by the City Council and requires additional funding using General Fund Reserves. RECOMMENDATION: 377 Approve as presented. ATTACHMENTS: CL_BID_230605_2023-01_ACPros_CO-03_ElectricalPanelGroundMods_E.pdf 378 379 380 Agenda Item No.: 13.A Mtg. Date: 06/12/2023 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:ROBERT SAMARIO, FINANCE DIRECTOR THRU:ELAINE JENG P.E., CITY MANAGER SUBJECT:PUBLIC HEARING REGARDING POTENTIAL INCREASE TO REFUSE RATES FOR FISCAL YEAR 2023/24. DATE:June 12, 2023 BACKGROUND: In February 2023, the City initiated its efforts to develop the budget for fiscal year 2023/24, which would ultimately be adopted in late June 2023 and be effective July 1, 2023. Based on preliminary revenue and expenditure projections developed in March, it appeared the General Fund was facing a operating deficit of approximately $350,000. Consequently, City Council directed staff to work with the Finance/Budget/Audit (FBA) Committee to develop recommendations to balance the budget. Over the next several months, staff and the FBA identified a number budget reductions to lower the deficit. In addition, the FBA and City Council considered the elimination of the existing subsidy provided by the General Fund to the Refuse Fund, which would fully balance the budget. Starting in fiscal year 2016, the City froze annual refuse rates at $1,100 per parcel. As the costs to provide refuse services increased each year, the General Fund contributed (subsidized) the difference from General Fund unrestricted revenues. For fiscal year 2023/24, the subsidy is estimated at approximately $227,000. Since revenue and expenditure projections were still subject to change as we approached fiscal year-end and more information became available, in particular property tax revenues, Council directed staff to send out notices to affected residents in case refuse rates needed to be increased to balance the budget. The purpose of the public hearing is to allow City residents the opportunity to comment on the potential rate increase. However, residents wishing to officially protest the potential rate increase must do so in writing prior to the hearing date and time. State law requires both an advanced notice to affected residents and a public hearing be held to allow for City residents to comment and for Council to consider any all protests received by 4:30 p.m. on June 12. The public hearing will be held at 7:00 p.m. in Council Chambers in City 381 Hall. DISCUSSION: The cost of providing refuse services in fiscal year 2023/24 translates to $1,432.11 per parcel. In contrast, the existing rate is $1,100 per parcel. Thus, the potential increase to refuse rates is $332.11 per parcel per year ($1,432.11 - $1,100). Pursuant to state law, in late April 2023 notices were sent to all affected residents of the potential for increasing refuse rates and of a public hearing to be held on June 12, 2023 in City Hall. Since the mailing of the public notice of a potential rate increase, additional budget reductions have been identified based on a thorough review of expenditures by staff, which together with previous budget reductions have created an budgeted operating surplus of approximately $187,000 in the General Fund. While the General Fund is no longer facing a projected operating deficit, providing Council the opportunity to substantially avoid increasing refuse rates, another important consideration is the status of General Fund reserves in the context of capital improvement and deferred maintenance on City facilities. For example, the proposed budget for next fiscal year includes the Solar and Battery Back-Up Capital Project estimated to cost $250,000. This will entirely eliminate the budgeted surplus and result in a slight budgeted use of reserves of $63,163. In addition, based on planned and unplanned costs incurred this fiscal year, such as emergency storm drain repairs, available General Fund reserves are expected to decrease to approximately $1.5 million at the end of the current fiscal year. In contrast, the capital improvement needs over the next five years are upwards of $5 million. Thus, the basis for increasing refuse rates is no longer about addressing a projected General Fund deficit, but rather about providing additional resources for the long-term capital needs of the City and ensuring the financial sustainability of the Refuse Fund. As of the posting of this agenda, city staff has received four protest forms. FISCAL IMPACT: By setting the maximum refuse waste rate to be charged at $1,432.11 per parcel, the City Council would have the ability to set the refuse waste fees at an amount that would erase the approximately $227,000 subsidy in fiscal year 2023/24. The City Council would still retain the discretion to select a rate for fiscal year 2023/24 and future fiscal years provided the amount is less than $1,432.11. In order to increase the refuse rate above the maximum amount, the Proposition 218 process would have to be followed. RECOMMENDATION: 1. Conduct a public hearing to accept written and verbal protests against the increased refuse waste fees, track the number of protests and, if the number of written protests received is not sufficient to constitute a majority, make a finding that there is not a majority protest by property owners. 2. Approve Resolution No. 1337 “A Resolution of the City Council of the City of Rolling Hills, California, Increasing the Maximum Refuse Services Rate in the City” (Attachment 2) ATTACHMENTS: 382 CL_PBN_230424_Prop218_Refuse.pdf ResolutionNo1337_Prop218_MaximumRateForRefuseServices_ 2023_Draft.pdf 383 Proposition 218 Notice of Public Hearing On Proposed Rate Increases for Refuse Services Public Hearing: June 12, 2023. Meeting starts at 7:00 p.m. or as soon thereafter as practicable, at Rolling Hills City Hall, 2 Portuguese Bend Road, Rolling Hills, CA 90274 Rolling Hills residents are encouraged to attend the public hearing on the proposed rate changes for refuse. This letter serves as notice that the City of Rolling Hills will hold a public hearing on June 12, 2023 to consider changes to its current refuse rates. What do refuse rates fund? The City provides refuse services through a private refuse company. These services include curbside collection of solid waste, recyclable materials and organic waste to all City residents. In addition, the City offers other citywide services, including two unlimited bulky-item collection events per year. In addition to the two bulky- item collection events, the City also offers one bulky item collection upon request by customer at their place of residence. Why are increased rates for refuse service fees necessary? Starting in fiscal year 2015/16, the City established an annual fixed refuse charge of $1,100. Since then, the cost of services has increased annually pursuant to the contract with the refuse service provider. In fiscal year 2023/24, the costs will increase from $944,500 to $980,995, or from $1,378.36 to $1,432.11 per parcel. Over the last several years, the City has been subsidizing the difference between the cost per parcel and $1,100 per parcel out of general tax revenues received in the General Fund. For fiscal year 2023/24, the subsidy is expected to be $227,495 without any adjustment to refuse rates. Because of the continued impacts of the recent pandemic, General Fund revenues declined and is facing a structural operating deficit in fiscal year 2023/24 of approximately $400,000. Cuts have already been identified, but the City may not be able to continue subsidizing refuse rates going forward – at least not to the extent it has been. How are the proposed refuse service fees calculated? The City’s contract with Republic Services provides for a annual increase to their contract based on the increase to the U.S. Consumer Price Index (CPI) - All Urban Consumers for the twelve-month period from January to December. The increase is limited to a maximum of 5% and a minimum of 3%. For the twelve-month period of January 2022 through December 2022, the CPI increased by 3.9%. The current annual rate is $1,378.36. Thus, the proposed refuse rate shall not exceed $1,432.11 per parcel ($1,378.36 x 1.039) for the 2023/24 fiscal year. Other fees such as emergency services or those directly billed to the customer are found in Exhibit A. For each subsequent fiscal year (commencing July 1), the refuse rate and other fees found in Exhibit A shall be increased in an amount not to exceed the increase to the U.S. Consumer Price Index (CPI) - All Urban Consumers for the twelve-month period from January to December limited to a maximum of 5% and a 384 minimum of 3%. If approved, the above mentioned refuse service fee will be collected annually, on the property tax roll, and other fees charged directly to the customer will be applicable for the following period: Fiscal Year 23/24 through Fiscal Year 28/29. You Can Be Heard Any property owner or customer of record (i.e. a tenant that is directly liable to the City for payment of the refuse fees) may file with the City Clerk a written protest against the proposed refuse rate increase. The protest must identify the property by address or APN, the name of the property owner or customer of record, a statement as to whether the protest is filed with refuse rate increase, and be signed by the owner of the property or the customer of record, or an authorized representative. Any person is also invited to provide oral testimony at the June 12th Public Hearing; however, only written protests will be counted for the purpose of determining whether a majority protest exists. A protest form is provided for your use. The written protests may be mailed or hand delivered to the Rolling Hills City Clerk, 2 Portuguese Bend Road, Rolling Hills, CA 90274. To be counted, the City Clerk must receive a mailed written protest no later than 4:30 p.m. on June 12th, 2023. Protests may be hand-delivered up until the end of the Public Hearing. Protests by telephone, fax, or e- mail will not be accepted. A majority protest exists if, at the end of the Public Hearing, there are valid written protests submitted by owners of a majority of the properties subject to the proposed fee increase. A majority protest will result in the rate increase not being imposed. Note that no more than one protest per parcel will be counted. State law requires that all property owners affected by the rate increase(s) be given the opportunity to protest the proposed rate increase(s). For further information about the proposed rate increase, please contact the City Clerk at (310) 377-1521. 385 EXHIBIT A Bill on Property Tax Bill Current Rates Proposed Adjusted Rates % Increase Annual Base Service Fee (Per Year) 1,378.36$ 1,432.11$ 3.9% Billed Directly to Customer On-Call Bulky Item Collection in Excess of One-Item Per Year 34.45$ 34.45$ 0.0% On-Call Brush Collection in Excess of One Load Per Year 516.63$ 536.77$ 3.9% Sharps Safe-Disposal Container (Per Container Cost)40.44$ 42.02$ 3.9% Emergency Services Hourly Rate: One Crew, One-Truck 99.37$ 103.24$ 3.9% Disposal Tipping Fee at Sunshine Canyon Landfill (Per Ton)*39.15$ 40.68$ 3.9% Rolloff Box Service Fee (including cost of disposal up to 5 tons) (per load). Any disposal over 5 tons will be billed at the per ton rate above.496.72$ 516.09$ 3.9% * Per ton rate is for disposal at the Sunshine Canyon Landfill and does not include transfer station rates. Service Fees 386 Protest Form To protest the proposed Water and Sewer Rate Increase, you may complete this Protest Form, detach it, and mail it to the Rolling Hills City Clerk, 2 Portuguese Bend Road, Rolling Hills, CA 90274 or hand deliver to the City Clerk's office at the same address. To be counted, the City Clerk must receive a mailed written protest no later than 4:30 p.m. on June 12, 2023. Protests may be hand-delivered up until the end of the Public Hearing. Only one protest is allowed per property. Parcel APN: Parcel Address: I protest the proposed refuse rate increase to fund costs related to providing refuse service to properties within the City of Rolling Hills. I hereby declare under penalty of perjury that I am the owner of the above listed property or the authorized representative of the owner of the above listed property. Please sign here: Please print the property owner name here: 387 RESOLUTION NO. 1337 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS CALIFORNIA, AUTHORIZING INCREASING THE MAXIMUM ALLOWABLE RATE FOR REFUSE SERVICES IN THE CITY THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS: Section 1. Recitals. A. The City currently contracts with Republic Services to provide waste hauling and disposal services in the City. Republic Services bills the City directly and the City contracts with the County to bill City residents through the property tax bill for these services. B. The City’s current agreement with Republic Services provides for an annual increase to their contract based on the increase to the U.S. Consumer Price Index (CPI) - All Urban Consumers for the twelve-month period from January to December. C. Increasing the maximum refuse rate charged in the City must be adopted in accordance with Proposition 218 (i.e., California Constitution, Art. XIII D). D. In accordance with Section 6(a) of Article XIII D of the California Constitution (Proposition 218), the City caused notices to be mailed to all customers and rate payer affected by the rate increase in April of 2023. E. On Monday, June 12, 2023, the City Council held a duly noticed public protest hearing with respect to the maximum refuse rate in the City. G. The City received written protests for ____ properties prior to the protest hearing and an additional ____ written protests were received at the public hearing. H. A total of ____ written protests were received before the close of the public hearing. I. The number of written protests received was not sufficient to constitute a majority protest. The City Clerk has certified the tabulation of written protests. 388 Section 2. The City Council of the City of Rolling Hills hereby accepts the City Clerk’s certification of the results of the protest hearing and approves the maximum allowable increase for refuse services in the City to an amount not to exceed $1,432.11 per parcel. Section 3. This action is statutorily exempt from the environmental review requirements of the California Environmental Quality Act ("CEQA") pursuant to Section 15378 and Section 15273 of the CEQA Guidelines and Public Resources Code Section 21080(b)(8) because (i) the increase in charges are for the purpose of meeting operational and maintenance expenses of the aforementioned services and (ii) the charges constitute the creation of a funding mechanism/other governmental fiscal activity, which does not involve any commitment to any specific project that may result in potential significant physical impact on the environment. Section 4. This Resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions. PASSED, APPROVED, AND ADOPTED this 12th day of June, 2023. ______________________________ PAT WILSON MAYOR ATTEST: ______________________________ CHRISTIAN HORVATH CITY CLERK 389 Agenda Item No.: 14.A Mtg. Date: 06/12/2023 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:ELAINE JENG, CITY MANAGER THRU:ELAINE JENG P.E., CITY MANAGER SUBJECT:RECEIVE AND FILE INFORMATION ON THE PALOS VERDES ESTATES FOUNDATION; AND DISCUSS ESTABLISHING A SIMILAR FOUNDATION FOR ROLLING HILLS (MAYOR PRO TEM MIRSCH) DATE:June 12, 2023 BACKGROUND: In late 2022, staff attended a conference and was educated on the Palos Verdes Estates Foundation, its mission to support projects for the City of Palos Verdes Estates, and the foundation's funding sources. In light of the anticipated budget deficit for the next fiscal year, in March 2023, staff followed up with the Palos Verdes Foundation to learn more about the financial support for municipal projects. Separately, Mayor Pat Wilson and Mayor Pro Tem Leah Mirsch expressed interest in a foundation for Rolling Hills. City staff arranged for Mayor Wilson and Mayor Pro Tem Mirsch to meet with three members of the Palos Verdes Estates Foundation on Friday, March 10, 2023. DISCUSSION: Since the March 2023 meeting, Mayor Wilson and Mayor Pro Tem Mirsch have continued discussions with the Palos Verdes Estates Foundation as private citizens. Mayor Pro Tem Mirsch requested an agenda item for the June 12, 2023 City Council meeting to discuss a potential foundation for the City of Rolling Hills. FISCAL IMPACT: None. RECOMMENDATION: Receive and file a report by Mayor Pro Tem Leah Mirsch, and discuss. 390 ATTACHMENTS: 391 Agenda Item No.: 14.B Mtg. Date: 06/12/2023 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:ELAINE JENG, CITY MANAGER THRU:ELAINE JENG P.E., CITY MANAGER SUBJECT:DISCUSS REQUEST FOR SMALL GIFTS FOR THE DINNER TO INSTALL LEAGUE OF CALIFORNIA CITIES LOS ANGELES DIVISION INCOMING PRESIDENT COUNCILMEMBER BEA DIERINGER (MAYOR WILSON) DATE:June 12, 2023 BACKGROUND: In preparation for the League of California Cities (CalCities) Los Angeles Division's Installation Dinner in August, 2023, CalCities staff reached out to staff for coordination. CalCities staff informed staff that typically the city of the incoming president would provide a small gift for guests attending the installation dinner. In response, staff searched City Hall for available items and found glass dishes. Attached to this report is a photo of the glass dish with the city’s logo etched on the top side. City Hall currently has 90 dishes. DISCUSSION: Mayor Wilson requested that this matter be discussed at the June 12, 2023 City Council meeting. FISCAL IMPACT: None. RECOMMENDATION: Provide direction to staff. ATTACHMENTS: CL_AGN_230612_CC_CalCities_InstallationDInner_Gift.pdf 392 393 Agenda Item No.: 14.C Mtg. Date: 06/12/2023 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:A RECEPTION FOR OUTGOING CITY MANAGER ELAINE JENG ON JUNE 26, 2023 AT 5PM (MAYOR PRO TEM MIRSCH) DATE:June 12, 2023 BACKGROUND: City Manager Elaine Jeng resigned in May 2023 and her last day with the City of Rolling Hills is on Friday, July 7, 2023. She has served the community for nearly five years and made numerous connections with the residents of Rolling Hills. DISCUSSION: Mayor Pro Tem Leah Mirsch wishes to hold a reception for City Manager Jeng to allow the community an opportunity to thank Ms. Jeng for her service. City Manager Jeng's last City Council meeting will be the regular meeting on Monday, June 26, 2023. The regular meeting starts at 7pm. Mayor Pro Tem Mirsch would like the reception to be held at the City Hall City Council Chambers between 5pm and 7pm, with light snacks and drinks served. FISCAL IMPACT: Light snack and drinks for the event are estimated to be less than $500. There is sufficient funds in account 01-01-776 in the Fiscal Year 2022-2023 adopted budget for this expense. RECOMMENDATION: Provide direction to staff. ATTACHMENTS: 394 Agenda Item No.: 16.A Mtg. Date: 06/12/2023 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:CONFERENCE WITH LEGAL COUNSEL: THREATENED LITIGATION GOVERNMENT CODE SECTION 54956.9(D)(2) THE CITY COUNCIL FINDS, BASED ON ADVICE FROM LEGAL COUNSEL, THAT DISCUSSION IN OPEN SESSION WILL PREJUDICE THE POSITION OF THE CITY IN THE LITIGATION. NUMBER OF POTENTIAL CASES:1 (THREATENED LITIGATION BY A PROPERTY OWNER REGARDING TITLE PROPERTY ISSUES RELATED TO 11 QUAIL RIDGE ROAD SOUTH BASED ON PAST ACTIONS UNDER THE THEN APPLICABLE CITY VIEW ORDINANCE) DATE:June 12, 2023 ATTACHMENTS: 395 Agenda Item No.: 16.B Mtg. Date: 06/12/2023 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:P E R S O N N E L PURSUANT TO GOVERNMENT CODE SECTION (B) 54957 THE CITY COUNCIL MAY MEET IN CLOSED SESSION TO CONSIDER THE APPOINTMENT/EMPLOYMENT OF A PUBLIC EMPLOYEE. (CITY MANAGER) DATE:June 12, 2023 BACKGROUND: None DISCUSSION: None FISCAL IMPACT: None RECOMMENDATION: None. ATTACHMENTS: 396