CL_AGN_230626_CC_AgendaPacket_F_A1.CALL TO ORDER
2.ROLL CALL
3.PLEDGE OF ALLEGIANCE
4.PRESENTATIONS/PROCLAMATIONS/ANNOUNCEMENTS
4.A.MAYOR'S PRESENTATION RECOGNIZING CITY MANAGER ELAINE JENG
FOR HER YEARS OF SERVICE TO THE CITY OF ROLLING HILLS
RECOMMENDATION: Present certificate and plaque of recognition.
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.
6.A.FOR BLUE FOLDER DOCUMENTS APPROVED AT THE CITY COUNCIL
MEETING
RECOMMENDATION: Approved
7.PUBLIC COMMENT ON NON-AGENDA ITEMS
This is the appropriate time for members of the public to make comments regarding items not listed on this agenda.
Pursuant to the Brown Act, no action will take place on any items not on the agenda.
2 PORTUGUESE BEND ROAD
ROLLING HILLS, CA 90274
(310) 377-1521
AGENDA
Regular City Council Meeting
CITY COUNCIL
Monday, June 26, 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. 1341 Next Ordinance No. 384
CL_AGN_230626_CC_BlueFolderItem_14A.pdf
1
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 26, 2023
RECOMMENDATION: Approve.
8.B.APPROVE MOTION TO READ BY TITLE ONLY AND WAIVE FURTHER
READING OF ALL ORDINANCES AND RESOLUTIONS LISTED ON THE
AGENDA
RECOMMENDATION: Approve.
8.C.APPROVE THE FOLLOWING CITY COUNCIL MINUTES: JUNE 12, 2023
RECOMMENDATION: Approve as presented.
8.D.PAYMENT OF BILLS
RECOMMENDATION: Approve as presented.
8.E.REPUBLIC SERVICES RECYCLING TONNAGE REPORT FOR MAY 2023
RECOMMENDATION: Receive and file.
8.F.APPROVE A PROFESSIONAL SERVICES AGREEMENT WITH HQE SYSTEMS
INC. FOR INSTALLATION OF AN EMERGENCY OUTDOOR SIREN SYSTEM IN
AN AMOUNT NOT TO EXCEED $261,000, AUTHORIZE THE CITY MANGER TO
EXECUTE THE AGREEMENT AND FINDING THE PROJECT CATEGORICALLY
EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
RECOMMENDATION: Approve as presented.
8.G.APPROVE A PROFESSIONAL SERVICES AGREEMENT WITH ENERGY
SOLUTIONS COMPANY SITELOGIQ AS AN ALTERNATIVE APPROACH TO
IMPLEMENT THE CITY HALL CAMPUS BACKUP POWER PROJECT IN AN
AMOUNT NOT TO EXCEED $28,500, AUTHORIZE THE CITY MANGER TO
EXECUTE THE AGREEMENT AND FINDING THE PROJECT CATEGORICALLY
EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
RECOMMENDATION: Approve as presented.
8.H.DIRECT STAFF TO PREPARE A SECOND AMENDMENT TO THE LEASE
AGREEMENT WITH THE ROLLING HILLS COMMUNITY ASSOCIATION TO
MAINTAIN THE CURRENT LEASE AMOUNT OF $5,749.25 PER MONTH
RECOMMENDATION: Approve as presented.
CL_AGN_230626_CC_AffidavitofPosting.pdf
CL_MIN_230612_CC_F.pdf
CL_AGN_230626_CC_PaymentOfBills.pdf
VC_REP_230619_May_YTD_TonnageReport.pdf
CA_AGR_230626_HQE_SirenInstallation_F.pdf
CA_AGR_230626_SiteLogiQ_F.pdf
RHCA 2018-2028_SignedAgreement.pdf
2
8.I.ADOPT RESOLUTION NO. 1338 SETTING THE RATE FOR REFUSE SERVICES
IN THE CITY AT $1,432.11 PER PARCEL AND FINDING THE SAME EXEMPT
FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
RECOMMENDATION: Approve as presented.
8.J.RECEIVE AND FILE CAPITAL IMPROVEMENT PROJECT ASSIGNMENTS FOR
FISCAL YEAR 2023-2024
RECOMMENDATION: Receive and file.
8.K.APPROVE CONTINUING WITH ALAN PALERMO CONSULTING FOR PROJECT
MANAGEMENT SERVICES DURING FISCAL YEAR 2023-2024 AND DIRECT
STAFF TO PREPARE A FOURTH AMENDMENT TO THE PROFESSIONAL
SERVICES AGREEMENT
RECOMMENDATION: Approve as presented.
8.L.RECEIVE AND FILE AN EMAIL FROM GREG AND ADRIANA POPOVICH
REGARDING THE PROFESSIONALISM OF EC CONSTRUCTION DURING THE
MIDDLERIDGE LANE DRAINAGE SYSTEM CONSTRUCTION PROJECTS
RECOMMENDATION: Receive and file.
9.EXCLUDED CONSENT CALENDAR ITEMS
10.COMMISSION ITEMS
11.PUBLIC HEARINGS
11.A.PUBLIC HEARING AND CONSIDERATION OF RESOLUTION NO. 1339
ADOPTING THE FISCAL YEAR 2023/2024 BUDGET AND RESOLUTION NO.
1340 ESTABLISHING THE ANNUAL APPROPRIATIONS LIMIT FOR THE CITY
OF ROLLING HILLS
RECOMMENDATION: Approve as presented.
12.OLD BUSINESS
12.A.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.
CA_AGR_200717_FirstAmendment_RoadStriping_E.pdf
ResolutionNo1338_ActualRateForRefuseServices_2023.pdf
CA_AGR_APC_Amend4_2023-2024 City of Rolling Hills RH004R1.pdf
CL_AGN_230626_CC_PopovichEmail_ECC_Redacted.pdf
CL_AGN_230626_CC_GeneralFund_BudgetSources_UsesOfFunds.pdf
CL_AGN_230626_CC_FY2023-24_GeneralFundRevenues.pdf
CL_AGN_230626_CC_FY2023-24_GeneralFund_BudgetedExpenditures.pdf
CL_AGN_230626_CC_FY2023-24_ProposedBudget_OtherFunds.pdf
ResolutionNo1339_FY2023-24_AdoptedBudget.pdf
ResolutionNo1340_FY 23-24_AppropLimit.pdf
3
12.B.APPROVE TENNIS COURTS ADA IMPROVEMENT PROJECT DESIGN;
AUTHORIZE STAFF TO ADVERTISE FOR CONSTRUCTION BIDS; AND
APPROVE LANDSCAPING DESIGN FOR THE TENNIS COURTS
RECOMMENDATION: Approve as presented.
12.C.APPROVE CITY HALL ADA IMPROVEMENT PROJECT DESIGN AND
AUTHORIZE STAFF TO ADVERTISE FOR CONSTRUCTION BIDS
RECOMMENDATION: Approve as presented.
13.NEW BUSINESS
13.A.INTRODUCTION AND FIRST READING OF ORDINANCE NO. 383, AMENDING
CHAPTER 15.20 (FIRE CODE) OF TITLE 15 (BUILDINGS AND
CONSTRUCTION) OF THE ROLLING HILLS MUNICIPAL CODE AND FINDING
THE ORDINANCE IS EXEMPT FROM CEQA
RECOMMENDATION: • Introduce for first reading by title only Ordinance
No.383 regarding the Fire Code; and
• Schedule a public hearing for adoption of the Ordinance for a later date;
and
• Direct staff to publish notice of such hearing pursuant to Government Code
section 6066.
13.B.CONSIDERATION OF PARTICIPATING IN A CATALYTIC CONVERTER
ETCHING EVENT IN COLLABORATION WITH THE LOS ANGELES COUNTY
SHERIFF'S DEPARTMENT, THE CITY OF ROLLING HILLS ESTATES AND THE
CITY OF RANCHO PALOS VERDES ON JULY 29, 2023
RECOMMENDATION: Provide direction to staff.
14.MATTERS FROM THE CITY COUNCIL
14.A.DISCUSS SOUTHBAY CITIES COUNCIL OF GOVERNMENT (SBCCOG)
MEMBERSHIP DUES (MAYOR WILSON)
RECOMMENDATION: Receive a report from Mayor Pat Wilson and provide
direction to staff.
14.B.RECEIVE AND FILE INFORMATION ON THE PALOS VERDES ESTATES
CA_AGR_200929_NV5_8inchSewerLineProject_E.pdf
CA_AGR_230213_NV5_8inchSewerLineProject_1stAmendment_NV5_E.pdf
NV5_City of Rolling Hills_Sewer Main Torrance Additions_06.20.2023R.pdf
011917 L-1.pdf
2023-06-16 Tennis Court ADA Letter of Approval & Permit.pdf
GR2301100001 Agency Referral.pdf
GR2301100001 ESCP Review Sheet 1.pdf
GR2301100001 Grading Review Sheet 1.pdf
20230410_RH_PC_cost estimate.pdf
383_FireCodeOrdinance_D.pdf
CL_AGN_230626_CC_RedlineVersion_Chapter15.20.pdf
CL_AGN_230626_CC_LACounty_FireCodeTitle32Letter_051123.pdf
CL_AGN_230626_CC_GuidanceSuggestedModelOrdinance_LACFireCode2023Edition_042723.pdf
CL_AGN_230626_CC_SBCCOG_FY23-24_DuesInvoice.pdf
4
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.C.CONSIDER PROVISION IN THE CIVILIAN OVERSIGHT COMMIITTEE
RECOMMENDATION MANDATING AUTOMATIC REASSIGNMENT OF
SHERIFF'S DEPARTMENT PATROL PERSONNEL EVERY FIVE YEARS AND
PROVIDE DIRECTION TO STAFF (MAYOR PRO TEM LEAH MIRSCH, AND
COUNCILMEMBER BEA DIERINGER)
RECOMMENDATION: Review provision and provide direction to staff.
14.D.RECEIVE AND FILE A VERBAL REPORT FROM THE DRAINAGE AD HOC
COMMITTEE (MAYOR PRO TEM LEAH MIRSCH AND COUNCILMEMBER JEFF
PIEPER)
RECOMMENDATION: Receive and file.
15.MATTERS FROM STAFF
15.A.RECEIVE AND APPROVE THE PROPOSAL FOR A BLOCK CAPTAIN
EDUCATION AND SOCIAL EVENT ON THE CITY HALL CAMPUS ON SUNDAY,
AUGUST 27, 2023; EVENT TO INCLUDE ART WORK FOR SALE BY RESIDENT
DON CROCKER; A PERCENTAGE OF THE SALE PROCEEDS TO BE GIFTED
TO THE CITY TO BENEFIT EMERGENCY PREPAREDNESS MEASURES IN
THE COMMUNITY
RECOMMENDATION: Approve as presented.
15.B.CONSIDER A PROPOSAL FROM PALOS VERDES PENINSULA TRANSIT
AUTHORITY TO PROVIDE TRANSIT SERVICES FOR ROLLING HILLS
RESIDENTS; AND PROVIDE DIRECTION TO STAFF
RECOMMENDATION: Consider proposal and provide direction to staff.
16.RECESS TO CLOSED SESSION
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)
RECOMMENDATION: None.
17.RECONVENE TO OPEN SESSION
18.ADJOURNMENT
Next regular meeting: Monday, July 10, 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_230626_CC_Foundation_Prelim_Report.pdf
CL_AGN_230626_CC_CivilianOversightCommission_Recommendations_DeputyGangsReport_3.2.2023.PDF
CL_AGN_230626_CC_ALADS_DraftLetterForCitiesOpposing_COC_RotationRec.pdf
CA_AGR_230626_ DonCrocker_ArtExhibit_MonetaryDonation_Draft.pdf
route_map_2021.jpg
dial_a_ride_information_registration-2015.pdf
5
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.: 4.A
Mtg. Date: 06/26/2023
TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM:CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO
CITY MANAGER
THRU:DAVID H. READY
SUBJECT:MAYOR'S PRESENTATION RECOGNIZING CITY MANAGER ELAINE
JENG FOR HER YEARS OF SERVICE TO THE CITY OF ROLLING
HILLS
DATE:June 26, 2023
BACKGROUND:
None.
DISCUSSION:
None.
FISCAL IMPACT:
None.
RECOMMENDATION:
Present certificate and plaque of recognition.
ATTACHMENTS:
7
Agenda Item No.: 6.A
Mtg. Date: 06/26/2023
TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM:CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO
CITY MANAGER
THRU:DAVID H. READY
SUBJECT:FOR BLUE FOLDER DOCUMENTS APPROVED AT THE CITY COUNCIL
MEETING
DATE:June 26, 2023
BACKGROUND:
None.
DISCUSSION:
None.
FISCAL IMPACT:
None.
RECOMMENDATION:
Approved.
ATTACHMENTS:
CL_AGN_230626_CC_BlueFolderItem_14A.pdf
8
BLUE FOLDER ITEM (SUPPLEMENTAL)
Blue folder (supplemental) items are additional back up materials to administrative reports, changes to the posted agenda packet,
and/or public comments received after the printing and distribution of the agenda packet for receive and file.
CITY COUNCIL MEETING
June 26, 2023
14.A DISCUSS SOUTHBAY CITIES COUNCIL OF GOVERNMENT (SBCCOG)
MEMBERSHIP DUES (MAYOR WILSON)
FROM: CHRISTIAN HORVATH, CITY CLERK/EXECUTIVE ASSISTANT TO THE CITY
MANAGER
CL_AGN_230626_CC_SBCCOG_FY23-24_DuesInvoice.pdf
9
Agenda Item No.: 8.A
Mtg. Date: 06/26/2023
TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM:CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO
CITY MANAGER
THRU:DAVID H. READY
SUBJECT:APPROVE AFFIDAVIT OF POSTING FOR THE CITY COUNCIL
REGULAR MEETING OF JUNE 26, 2023
DATE:June 26, 2023
BACKGROUND:
None.
DISCUSSION:
None.
FISCAL IMPACT:
None.
RECOMMENDATION:
Approve.
ATTACHMENTS:
CL_AGN_230626_CC_AffidavitofPosting.pdf
10
Administrative Report
8.A., File # 1861 Meeting Date: 06/26 /202 3
To: MAYOR & CITY COUNCIL
From: Christian Horvath, City Clerk
TITLE
APPROVE AFFIDAVIT OF POSTING FOR THE CITY COUNCIL REGULAR MEETING OF JUNE 26, 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 26 , 202 3 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 23 , 202 3
11
Agenda Item No.: 8.B
Mtg. Date: 06/26/2023
TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM:CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO
CITY MANAGER
THRU:DAVID H. READY
SUBJECT:APPROVE MOTION TO READ BY TITLE ONLY AND WAIVE FURTHER
READING OF ALL ORDINANCES AND RESOLUTIONS LISTED ON THE
AGENDA
DATE:June 26, 2023
BACKGROUND:
None.
DISCUSSION:
None.
FISCAL IMPACT:
None.
RECOMMENDATION:
Approve.
ATTACHMENTS:
12
Agenda Item No.: 8.C
Mtg. Date: 06/26/2023
TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM:CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO
CITY MANAGER
THRU:DAVID H. READY
SUBJECT:APPROVE THE FOLLOWING CITY COUNCIL MINUTES: JUNE 12 , 2023
DATE:June 26, 2023
BACKGROUND:
None.
DISCUSSION:
None.
FISCAL IMPACT:
None.
RECOMMENDATION:
Approve as presented.
ATTACHMENTS:
CL_MIN_230612_CC_F.pdf
13
MINUTES – CITY COUNCIL MEETING
Monday, June 12, 2023
Page 1
Minutes
Rolling Hills City Council
Monday, June 12, 2023
Regular Meeting 7:00 p.m.
1. CALL TO ORDER
The City Council of the City of Rolling Hills met in person on the above date at 7:01 p.m. Mayor Wilson
presiding.
2. ROLL CALL
Councilmembers Present: Black, Dieringer Pieper, Mayor Pro Tem Mirsch, Mayor Wilson
Councilmembers Absent: None
Staff Present: Elaine Jeng, City Manager
Christian Horvath, City Clerk / Executive Assistant to the City Manager
Robert Samario, Finance Director
Pat Donegan, City Attorney
3. PLEDGE OF ALLEGIANCE – Councilmember Dieringer
4. PRESENTATIONS/PROCLAMATIONS/ANNOUNCEMENTS – NONE
5. APPROVE ORDER OF THE AGENDA
Staff pulled Items 11D and 14A.
Motion by Councilmember Pieper, seconded by Councilmember Black to approve the order of the agenda
as follows, Items 1-11C, 12F, 13A, 14B and then the remainder of items in regular order. 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. PUBLI C COMMENT ON NON-AGENDA ITEMS
Public Comment: Arlene Honbo, Roger Hawkins
8. CONSENT CALENDAR
8.A. APPROVE AFFIDAVIT OF POSTING FOR THE CITY COUNCIL REGULAR MEETING OF JUNE
12, 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. PULLED BY COUNCILMEMBER DIERINGER
8.D. PAYMENT OF BILLS
14
MINUTES – CITY COUNCIL MEETING
Monday, June 12, 2023
Page 2
8.E. REPUBLIC SERVICES RECYCLING TONNAGE REPORT FOR APRIL 2023
8.F. APPROVE AN AMENDED AGREEMENT WITH MCGOWAN CONSULTING FOR SERVICES
RELATING TO STORMWATER MANDATE COMPLIANCE
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
8.H. RECEIVE AND FILE A REPORT FROM THE MAY 23, 2023 SOLID WASTE AND RECYCLING
COMMITTEE
8.I. RECEIVE AND FILE AN UPDATE ON TENNIS COURTS ADA IMPROVEMENT PROJECT
8.J. RECEIVE AND FILE A STATUS TO AMEND THE WIRELESS COMMUNICATION FACILITIES
ORDINANCE
Motion by Mayor Pro Tem Mirsch, seconded by Councilmember Black to approve Consent Calendar minus
Item 8C. Motion carried unanimously with the following vote:
AYES: Black, Dieringer, Pieper, Mirsch, Mayor Wilson
NOES: None
ABSENT: None
9. EXCLUDED CONSENT CALENDAR ITEMS
8.C. APPROVE THE FOLLOWING CITY COUNCIL MINUTES: MAY 22 , 2023
Motion by Councilmember Dieringer, seconded by Councilmember Black to approve with modification of
language in Item 12B stating that the Council took no position. Motion carried unanimously with the following
vote:
AYES: Black, Dieringer, Pieper, Mirsch, Mayor Wilson
NOES: None
ABSENT: None
10. COMMISSION ITEMS – NONE
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
Presentation by City Manager Elaine Jeng
HQE representatives Dan Rogers, Charles West, Qais Alkurdi, Jaime Warner
Public Comment: Arlene Honbo, Judith Haenel
Motion by Councilmember Black, seconded by Councilmember Pieper to receive and file. Motion carried
unanimously with the following vote:
15
MINUTES – CITY COUNCIL MEETING
Monday, June 12, 2023
Page 3
AYES: Black, Dieringer, Pieper, Mirsch, Mayor Wilson
NOES: None
ABSENT: None
Motion by Councilmember Dieringer, seconded by Councilmember Black to defer consideration until August
after the Peninsula Public Safety Committee meeting. Motion failed with no Aye votes:
AYES: None
NOES: None
ABSENT: None
Motion by Councilmember Pieper, seconded by Mayor Pro Tem Mirsch directing staff to move forward with
the proposed siren installation using the intelligible voice system.
Councilmember Dieringer made a friendly amendment to get more information about the integration with
Zonehaven. Councilmember Pieper did not accept the friendly amendment.
Motion carried with the following vote:
AYES: Black, Pieper, Mirsch, Mayor Wilson
NOES: Dieringer
ABSENT: None
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
Presentation by City Manager Elaine Jeng
SiteLogiQ representatives Josh Steeber, Jonathan Brown
Motion by Councilmember Pieper, seconded by Mayor Pro Tem Mirsch to move forward with the Letter of
Intent for the service agreement at $28,500. Motion carried with the following vote:
AYES: Dieringer, Pieper, Mirsch, Mayor Wilson
NOES: Black
ABSENT: None
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
Presentation by City Manager Elaine Jeng
Kathleen McGowan, Consultant
Motion by Councilmember Pieper, seconded by Councilmember Dieringer to approve as presented. Motion
carried unanimously with the following vote:
AYES: Black, Dieringer, Pieper, Mirsch, Mayor Wilson
NOES: None
ABSENT: None
11.D. PULLED BY STAFF
16
MINUTES – CITY COUNCIL MEETING
Monday, June 12, 2023
Page 4
Mayor Wilson moved to Item 12F.
12. NEW BUSINESS
12.F. FINAL RECOMMENDED BUDGET FOR FISCAL YEAR 2023/24
Presentation by Finance Director Robert Samario
Mayor Wilson moved to Item 13A.
13. PUBLIC HEARINGS
13.A PUBLIC HEARING REGARDING POTENTIAL INCREASE TO REFUSE RATES FOR FISCAL
YEAR 2023/24
Mayor Wilson introduced the Public Hearing and process that would be followed.
Presentation by City Attorney Patrick Donegan
A final request was made for written protests. The City Clerk reported the total written protests received as
eight (8.) The protests did not reach the majority threshold necessary of 376.
Motion by Councilmember Pieper, seconded by Mayor Pro Tem Mirsch to approve setting the ceiling using
the rate in the attached Resolution at $1432.11 per parcel and setting the rate per parcel at that same amount
thereby discontinuing the subsidy. Motion carried with the following vote:
AYES: Dieringer, Pieper, Mirsch, Mayor Wilson
NOES: Black
ABSENT: None
Mayor Wilson moved back to Item 12F for action.
12. NEW BUSINESS
12.F. FINAL RECOMMENDED BUDGET FOR FISCAL YEAR 2023/24
Motion by Councilmember Pieper, seconded by Councilmember Dieringer to approve the recommended
budget decision points less the $20,000 for additional Finance Department needs. Motion carried
unanimously with the following vote:
AYES: Black, Dieringer, Pieper, Mirsch, Mayor Wilson
NOES: None
ABSENT: None
Mayor Wilson moved back to Item 14B.
14. MATTERS FROM STAFF
14.B. DISCUSS REQUEST FOR SMALL GIFTS FOR THE DINNER TO INSTALL LEAGUE OF
CALIFORNIA CITIES LOS ANGELES DIVISION INCOMING PRESIDENT COUNCILMEMBER
BEA DIERINGER (MAYOR WILSON)
Presentation by City Manager Elaine Jeng
17
MINUTES – CITY COUNCIL MEETING
Monday, June 12, 2023
Page 5
Motion by Councilmember Black, seconded by Councilmember Pieper to donate existing inventory of Rolling
Hills glass dishes as gifts for the Cal Cities Installation Dinner. Motion carried unanimously with the following
vote:
AYES: Black, Dieringer, Pieper, Mirsch, Mayor Wilson
NOES: None
ABSENT: None
Mayor Wilson moved back to Item 12A.
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 LIEN PERIOD TO EC CONSTRUCTION
Presentation by City Clerk / Executive Assistant to the City Manager Christian Horvath
Motion by Councilmember Pieper, seconded by Councilmember Black to approve as presented. Motion
carried unanimously with the following vote:
AYES: Black, Dieringer, Pieper, Mirsch, Mayor Wilson
NOES: None
ABSENT: None
12.B. 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
Presentation by City Clerk / Executive Assistant to the City Manager Christian Horvath
Motion by Councilmember Dieringer, seconded by Councilmember Pieper to approve as presented. Motion
carried unanimously with the following vote:
AYES: Black, Dieringer, Pieper, Mirsch, Mayor Wilson
NOES: None
ABSENT: None
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
Presentation by City Clerk / Executive Assistant to the City Manager Christian Horvath
Public Comment: Melissa McNabb
18
MINUTES – CITY COUNCIL MEETING
Monday, June 12, 2023
Page 6
Motion by Councilmember Pieper, seconded by Councilmember Black to approve as presented. Motion
carried unanimously with the following vote:
AYES: Black, Dieringer, Pieper, Mirsch, Mayor Wilson
NOES: None
ABSENT: None
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
Presentation by City Clerk / Executive Assistant to the City Manager Christian Horvath
Motion by Councilmember Dieringer, seconded by Councilmember Pieper to approve as presented. Motion
carried unanimously with the following vote:
AYES: Black, Dieringer, Pieper, Mirsch, Mayor Wilson
NOES: None
ABSENT: None
12.E. RECEIVE A REPORT ON THE MAY 25, 2023 TRAFFIC COMMISSION MEETING AND PROVIDE
DIRECTION TO STAFF
Presentation by City Clerk / Executive Assistant to the City Manager Christian Horvath
Traffic Engineer Vanessa Munoz
Public Comment: Judith Haenel
Motion by Councilmember Pieper, seconded by Councilmember Black to receive and file. Motion carried
unanimously with the following vote:
AYES: Black, Dieringer, Pieper, Mirsch, Mayor Wilson
NOES: None
ABSENT: None
Motion by Councilmember Pieper, seconded by Mayor Pro Tem Mirsch to add back the supplemental traffic
enforcement to the budget. Motion carried with the following vote:
AYES: Dieringer, Pieper, Mirsch, Mayor Wilson
NOES: Black
ABSENT: None
Motion by Councilmember Pieper, seconded by Mayor Pro Tem Mirsch to install four speed limits signs and
replace one sign per the traffic engineer’s recommendation. Motion carried unanimously with the following
vote:
AYES: Black, Dieringer, Pieper, Mirsch, Mayor Wilson
NOES: None
ABSENT: None
19
MINUTES – CITY COUNCIL MEETING
Monday, June 12, 2023
Page 7
Motion by Councilmember Pieper, seconded by Councilmember Dieringer to follow the Traffic Commission
recommendation of not installing guardrails on Outrider Road. Motion carried unanimously with the following
vote:
AYES: Black, Dieringer, Pieper, Mirsch, Mayor Wilson
NOES: None
ABSENT: None
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
Presentation by Mayor Pro Tem Mirsch and Councilmember Dieringer
Public Comment: Melissa McNabb
Motion by Councilmember Pieper, seconded by Councilmember Black to receive and file and direct
committee to continue. Motion carried unanimously with the following vote:
AYES: Black, Dieringer, Pieper, Mirsch, Mayor Wilson
NOES: None
ABSENT: None
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
Presentation by City Clerk / Executive Assistant to the City Manager Christian Horvath
Motion by Councilmember Pieper, seconded by Councilmember Dieringer to approve as presented. Motion
carried unanimously with the following vote:
AYES: Black, Dieringer, Pieper, Mirsch, Mayor Wilson
NOES: None
ABSENT: None
14. MATTERS FROM THE CITY COUNCIL
14.C. A RECEPTION FOR OUTGOING CITY MANAGER ELAINE JENG ON JUNE 26, 2023 AT 5PM
(MAYOR PRO TEM MIRSCH)
Presentation by Mayor Pro Tem Mirsch
Public Comment: Melissa McNabb
Motion by Councilmember Pieper, seconded by Councilmember Dieringer to host a reception on June 26,
2023 at 5 p.m. Motion carried unanimously with the following vote:
AYES: Black, Dieringer, Pieper, Mirsch, Mayor Wilson
NOES: None
ABSENT: None
20
MINUTES – CITY COUNCIL MEETING
Monday, June 12, 2023
Page 8
15. MATTERS FROM STAFF
City Manager Elaine Jeng announced that Planning & Community Services Director John Signo was absent
this evening due to illness.
16. RECESS TO CLOSED SESSION – 10:31 P.M.
Public Comment: Dustin McNabb
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)
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)
17. RECONVENE TO OPEN SESSION – 11:58 P.M.
18. ADJOURNMENT : 11:58 P.M.
The meeting was adjourned at 11:58 p.m on June 12, 2023 in memory of Ian McCloud and Richard Horvath.
The next regular adjourned meeting of the City Council is scheduled to be held on Monday, June 26, 2023
beginning at 7:00 p.m. in the City Council Chamber at City Hall, 2 Portuguese Bend Road, Rolling Hills,
California. It will also be available via City’s website link at: https://www.rolling-
hills.org/government/agenda/index.php
All written comments submitted are included in the record and available for public review on the City website.
Respectfully submitted,
____________________________________
Christian Horvath, City Clerk
Approved,
____________________________________
Patrick Wilson, Mayor
21
Agenda Item No.: 8.D
Mtg. Date: 06/26/2023
TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM:CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO
CITY MANAGER
THRU:DAVID H. READY
SUBJECT:PAYMENT OF BILLS
DATE:June 26, 2023
BACKGROUND:
None.
DISCUSSION:
None.
FISCAL IMPACT:
None.
RECOMMENDATION:
Approve as presented.
ATTACHMENTS:
CL_AGN_230626_CC_PaymentOfBills.pdf
22
Check Run 06/22/2023
Check No.Check Date Payee Description Amount
028220 6/22/2023 4Leaf, Inc.Code Enforcement 5,153.75
028221 6/22/2023 AC Pros AC Pros-Hvac replacement Payment 01 157,770.87
028222 6/22/2023 Best Best & Krieger LLP General Services 13,053.00
6/22/2023 Best Best & Krieger LLP Land Use-Legal 2,318.00
Check Total 15,371.00
028223 6/22/2023 Bolton Engineering Corporation Tennis Court ADA revisions 4,000.00
028224 6/22/2023 CalPERS CalPERS Retirement Payroll Ending 05 30 2023 Retro 230.53
028225 6/22/2023 Christian Horvath Horvath Auto Mileage 68.21
028226 6/22/2023 Cox Communications Cox-June 2023 158.33
028227 6/22/2023 Southern California News Group Daily Breeze Public Hearing Notice FY23-24 Budget 289.41
6/22/2023 Southern California News Group Daily Breeze Public Hearing Notice Refuse Assesment 510.07
Check Total 799.48
028228 6/22/2023 Elaine Jeng Meeting & Conference Expenses 398.67
028229 6/22/2023 Ellis Environmental Management Inc.Ellis Environmental-Hvac Project Monitoring 2,567.50
028230 6/22/2023 County of Los Angeles LA County Agric Comm WTS&Meas & Pest Control 533.32
028231 6/22/2023 LA County Sheriff's Department LA County Sheriff Dept 31,092.99
028232 6/22/2023 League of California Cities Cal Cities LA County Division Dues 23/24 924.00
028233 6/22/2023 MNS ENGINEERS, INC Grant Writer for Vegetation Management Hazard Mit Grant Prog 5,080.00
028234 6/22/2023 NV5, INC.Sepulveda Monitoring for Stormwater Compliance 617.50
028235 6/22/2023 Onward Engineering Onward Eng-Inspection Services 5,675.00
028236 6/22/2023 Orkin Pest Control May 2023 158.00
028237 6/22/2023 Pitney Bowes Pitney Bowes June 2023 2,520.00
028238 6/22/2023 Palos Verdes Peninsula Unified School PVPUSD-School SecurityOfficer Cost Share Q1 543.45
028239 6/22/2023 PVS, Inc.Security System June 2023 360.00
6/22/2023 PVS, Inc.Valley Alarm replacement of Fire Alarm Panel Battery 190.00
028240 6/22/2023 Republic Services Republic Services Service Jan-Jun 23 472,088.28
028241 6/22/2023 Southern California Edison Electricity Usage 4-21-23 to 5-21-23 1,187.82
028242 6/22/2023 Texas Child Support SDU PR Deduction 06-30-23 163.15
028243 6/22/2023 Women's Community Club of Rolling Hills WCCRH Egghunt and Neighborhood Meeting 199.24
028244 6/22/2023 Willdan Inc.Building Plan Check 867.50
6/22/2023 Willdan Inc.Traffic Engineer 1,621.00
CITY OF ROLLING HILLS
AP23-029, AP23-029a & ACH 23-053
23
Check No.Check Date Payee Description Amount
Check Total 2,488.50
028245 6/23/2023 Christian Horvath Horvath Mileage 1/23-6/23 360.91
6/23/2023 Christian Horvath Horvath-Costco Office Supply Purchase 60.46
Check Total 421.37
ACH-246 6/14/2023 California Water Service Co.Water Usage from 04-28-23 to 05-25-23 519.04
ACH-247 6/14/2023 California Water Service Co.Water usage 04-28-23 to 05-25-23 950.60
ACH-248 6/15/2023 CalPERS PERS Retirement PR Ending 05/30/23 3,165.80
ACH-249 6/2/2023 Vantagepoint Transfer Agents - 306580 Deferred Comp. PR Ending 05/30/23 1,567.40
ACH-250 6/2/2023 CalPERS PERS Health June 2023 10,405.10
PR LINK 6/16/2023 PR LINK - Payroll & PR Taxes PR#12 Payroll Processing Fee PR#12 05/31/2023 - 06/13/2023 56.36
PR LINK 6/16/2023 PR LINK - Payroll & PR Taxes PR#12 Pay Period - PR#12 05-31-2023 - 06-13-2023 25,131.64
Report Total 771,637.25
771,637.25$ 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
24
Agenda Item No.: 8.E
Mtg. Date: 06/26/2023
TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM:CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO
CITY MANAGER
THRU:DAVID H. READY
SUBJECT:REPUBLIC SERVICES RECYCLING TONNAGE REPORT FOR MAY
2023
DATE:June 26, 2023
BACKGROUND:
None.
DISCUSSION:
None.
FISCAL IMPACT:
None.
RECOMMENDATION:
Receive and file.
ATTACHMENTS:
VC_REP_230619_May_YTD_TonnageReport.pdf
25
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%
May Greenwaste 103.43 103.43 - 100.00%
Greenwaste - Free Residential Roll Off Bin 1.42 1.42 - 100.00%
Recycle 1.17 0.40 0.77 33.79%
Trash 191.15 - 191.15 0.00%
May Total 297.17 105.25 191.92 35.42%
Grand Total 1,373.50 526.76 846.74 38.35%
CITY OF ROLLING HILLS RESIDENTIAL FRANCHISE
2023
Page 1 of 2
26
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%
May Greenwaste 2.94 2.94 - 100.00%
Recycle 0.26 0.09 0.17 33.79%
Trash 101.93 - 101.93 0.00%
Organics 0.07 0.04 0.03 60.37%
May Total 105.20 3.07 102.13 2.92%
Grand Total 472.53 3.74 468.79 0.79%
CITY OF ROLLING HILLS NON-FRANCHISE
2023
Page 2 of 2
27
Agenda Item No.: 8.F
Mtg. Date: 06/26/2023
TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM:ELAINE JENG,
THRU:DAVID H. READY
SUBJECT:APPROVE A PROFESSIONAL SERVICES AGREEMENT WITH HQE
SYSTEMS INC. FOR INSTALLATION OF AN EMERGENCY OUTDOOR
SIREN SYSTEM IN AN AMOUNT NOT TO EXCEED $261,000,
AUTHORIZE THE CITY MANGER TO EXECUTE THE AGREEMENT
AND FINDING THE PROJECT CATEGORICALLY EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
DATE:June 26, 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 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.
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.
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 additional siren pole locations.
In early July 2022, HQE submitted a revised Feasibility Study.
At the January 23, 2023 City Council meeting, the City Council selected four siren pole
locations as follows:
28
City Hall;
Fire Station 106 (12 Crest Road West) and;
CalWater Facility (3960 Crest Road)
Easement at Crest Road East gate
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 another sound propagation analysis for
three locations from the above list.
On May 15, 2023, representatives from HQE met with City staff and representatives from the
Rolling Hills Community Association (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. Instead, the
RHCA easement at the Crest Road East gate was used.
On June 12, 2023 the City Council received an updated sound propagation report confirming
that three sire pole locations would allowing the majority of the residents to hear the siren at
70 decibels.
DISCUSSION:
On June 12, 2023, the City Council approved moving forward with installation of the siren tone
and intelligible voice system for three 50 foot poles as described in Exhibit A of the
professional services agreement.
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 City Council previously allocated $300,000 to the Outdoor Siren System project. To date,
$3,500 was spent on the initial feasibility study. Another $1,900 was spent on coordinating
with Cal Water on potential sire pole locations within the community. The most recent sound
propagation study cost $4,195 for a total of $9,595, leaving $290,405 available for the
project.
At the June 12, 2023 City Council meeting, HQE System Inc., confirmed that turnkey solution
selected by the City Council was estimated at $144,000 with an annual maintenance fee of
$13,981. With the added intelligible voice feature of $39,000 per pole, the capital improvement
project cost is $261,000.
There is sufficient funding for the capital improvement ($261,000) and for the first two years of
project maintenance ($13,981 per year).
RECOMMENDATION:
Approve as presented.
29
ATTACHMENTS:
CA_AGR_230626_HQE_SirenInstallation_F.pdf
30
CITY OF ROLLING HILLS
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT made and entered into this 26th day of June 2023 between
the City of Rolling Hills, a municipal corporation, hereinafter referred to as "CITY'' and
HQE Systems Inc. a California corporation located at 42075 Remington Ave, Suite # 109,
Temecula, CA 92590 “CONSULTANT.”
1. RECITALS:
A. The CITY desires to contract the CONSULTANT to provide the design,
procurement and installation of a turnkey emergency communications system for the City
of Rolling Hills.
B. CONSULTANT is well qualified by reason of education and experience to
perform such services; and
C. CONSULTANT is willing to render such 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 attached Exhibit A. The end result of the
services shall include a turnkey emergency communications system which includes, but
is not limited to; (i) three, 50 foot directional speaker towers equipped with intelligible voice
and tone capability at the three locations identified in Exhibit A and referred to as the First
Station Tower, Easter Gate Tower and City Hall Tower; (ii) speaker/audio system that can
provide the listed decibel levels throughout the City as described in Exhibit A; (iii) system
that can be managed and activated via the VHF radios system with an option for cellular
capability for City officials to remotely access, control and activate via a secure portal; (iv)
reasonable efforts such that the system may be integrated with other regional alert
systems which may require additional costs (collectively referred to as “SERVICES”).
To the extent this Agreement conflicts with Exhibit A, or any other exhibit, this Agreement
shall control.
3. COST
The CITY agrees to pay CONSULTANT for all the work contemplated by this
AGREEMENT in the amount of Two Hundred Sixty One Thousand dollars ($261,000.00).
The cost is more particularly described in Exhibit A. This fee includes all expenses,
31
consisting of all local travel, attendance at meetings, printing and submission of any plans
or any other documents required by the Scope of Work. 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 no earlier than ninety (90) days of submitting
an invoice to City for the SERVICES. 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
In the event federal funds are 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 B and
incorporated herein by reference.
32
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.
(B). CONSULTANT is aware of the requirements of California Labor Code
Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage
rates and the performance of other requirements on certain “public works” and
“maintenance” projects (“Prevailing Wage Laws”). If the services are being performed as
part of an applicable “public works” or “maintenance” project, as defined by the Prevailing
Wage Laws, and if the total compensation is $1,000 or more, CONSULTANT agrees to
fully comply with such Prevailing Wage Laws. CONSULTANT shall defend, indemnify
and hold the City, its officials, officers, employees and agents free and harmless from any
claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to
comply with the Prevailing Wage Laws. It shall be mandatory upon the CONSULTANT
and all subconsultants to comply with all California Labor Code provisions, which include
but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775),
employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor
Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815)
and debarment of contractors and subcontractors (Labor Code Section 1777.1). 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.
If the services are being performed as part of an applicable “public works” or
“maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the
CONSULTANT and all subconsultants performing such services must be registered with
the Department of Industrial Relations. CONSULTANT shall maintain registration for the
duration of the Project and require the same of any subconsultants, as applicable.
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.
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
33
All data, designs, 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
December 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 the CITY with or without cause upon fourteen
(14) days written notice to the CONSULTANT. 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
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
34
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
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.
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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
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
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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: HQE Systems, Inc.
Attn: Qais Alkurdi
27419 Via Industria
Temecula, CA 92590
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.
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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:
______ _____
PATRICK DONEGAN, CITY ATTORNEY
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Exhibit A
Scope of Work and Cost
39
NOT FOR GENERAL RELEASE TO THE PUBLIC
PROPRIETARY PRICING AND SENSITIVE TECHNICAL SYSTEMS INFO FOR THE CITY
City of Rolling Hills,CA
June 21,2023
New proposed installation locations
1.City Hall
2.Crest Rd.East
3.Crest Rd.West
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Speaker Types:Intelligible Voice &Tone
●Intelligible Voice and Tone Sirens
○Make/Model:SiRcom,Line Arrays
Power:Battery System
●No SCE electrical support requirements
●The system is engineered to provide the City with a full operational capability without any
AC main power source for charging.All charging will be done through solar power.
Comms:Advanced Communications Module (ACM)
●The system will be managed and activated via the SiRcom Advanced Communications
Module (ACM).The ACM is an advanced communications
Discounted Price:$261,000.00 (Full turnkey installation),includes the following:
●Equipment to be proposed
○QTY 3,Intelligible Voice and Tone Siren Systems
■Full battery operated with solar charging
■Real-time systems health monitoring
■Mounted on Class II wood poles
○QTY 1,Central Control Station (CCS)-siren activation software
■On-Premise solution
■Includes:Cloud-based activation solution to allow for access to the
system by authorized administrator
●Services to be proposed
○Design support
○Installations labor
○Training for City administrators
○Test and Turnover
○Full community outreach package
■Marketing assets (flyers,information brochures)
■Social media post templates
■Video templates
■PR release templates
○1 Year Full Warranty
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Options
Yearly Maintenance:$13,981.00 per year
●Hassle free maintenance service
○Annual preventive maintenance visit
■Manufacturer ’s standard testing
■Cleaning of all of the parts (clean,grease,seal)
■Replace degraded or damaged parts
○As required corrective maintenance support (remote and onsite)
●No cost to replace any faulty parts (Act of God,Vandalism,Unauthorized
Repairs/Access by the City or 3rd Party Vendor not covered),includes:
○Siren parts
○Solar charging parts
○12V batteries
○Wires,cabling,and consumable parts
●Up to 5 hours of annual refresher training for the activation software
●Annual data usage for Satellite and Cellular Communications (estimated annual cost for
QTY 3 sirens and QTY 1 central control station (activation software):~$500/Year
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Exhibit B
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
ENT ERPRISE 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.
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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.
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(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
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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) – Equ al 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
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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
47
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
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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
49
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 app ly 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
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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.
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Agenda Item No.: 8.G
Mtg. Date: 06/26/2023
TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM:ELAINE JENG,
THRU:DAVID H. READY
SUBJECT:APPROVE A PROFESSIONAL SERVICES AGREEMENT WITH ENERGY
SOLUTIONS COMPANY SITELOGIQ AS AN ALTERNATIVE
APPROACH TO IMPLEMENT THE CITY HALL CAMPUS BACKUP
POWER PROJECT IN AN AMOUNT NOT TO EXCEED $28,500,
AUTHORIZE THE CITY MANGER TO EXECUTE THE AGREEMENT
AND FINDING THE PROJECT CATEGORICALLY EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
DATE:June 26, 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.
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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
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 successes 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.
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 deliver the CalOES/FEMA Hazard Mitigation Program grants, and the possibility to
offset General Fund expenditures for the backup power project, staff recommended at the
June 12, 2023 City Council meeting that the City Council engage SitelogIQ for services.
DISCUSSION:
On June 12, 2023, the City Council directed staff to engage the services of SitelogIQ. The
City Attorney drafted a Professional Services Agreement for the City Council's review and
approval.
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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:
At the June 12, 2023 City Council meeting, the FY 2023-2024 budget was approved including
an allocation of $250,000 to the City Hall campus backup power project
The initial fee of $28,500 to engage SitelogIQ for services will be funded using the $250,000
budget allocation. If the City Council decides to have SitelogIQ implement the energy project
identified by SitelogIQ, the initial fee of $28,500 would be waived.
RECOMMENDATION:
Approve as presented.
ATTACHMENTS:
CA_AGR_230626_SiteLogiQ_F.pdf
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CITY OF ROLLING HILLS
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT made and entered into this 26th day of June, 2023 between
the City of Rolling Hills, a municipal corporation, hereinafter referred to as "CITY'' and
SiteLogIQ, Inc. a California Corporation with its California office located at 1651
Response Rd, Ste 300, Sacramento, CA 95815 “CONSULTANT.”
1. RECITALS:
A. The CITY desires to contract the CONSULTANT to provide a proposal and
Facility Solution agreement for the implementation of facility improvements, energy
conservation, energy generation, and/or energy management services for the City Hall
building/campus located at 2 Portuguese Bend Rd, Rolling Hills, CA 90274.
B. CONSULTANT is well qualified by reason of education and experience to
perform such services; and
C. CONSULTANT is willing to render such 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 attached Exhibit “A.” The end result of
the services shall include, but is not limited to, the study and design of a self-funded
program, which pays for itself through expense reductions related to facility
improvements, energy conservation, energy generation, and/or energy management
services (“SERVICES”). CONSULTANT shall focus on a self-funded program that allows
the City to scale the project. Possible project features include, but are not limited to: (i)
Exterior Lighting Retrofits; (ii) Solar-Photovoltaic systems; (iii) Energy storage; (iv)
Microgrid for Resiliency; and (v) Electric Vehicle Charging.
To the extent this Agreement conflicts with Exhibit “A,” this Agreement shall control.
3. COST
The CITY agrees to pay CONSULTANT for all the work contemplated by this
AGREEMENT in the amount of twenty-eight thousand, five hundred dollars ($28,500).
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
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Work. Any increase in contract amount or scope shall be approved by expressed written
amendment executed by the CITY and CONSULTANT.
In the event that the CITY enters into a subsequent contract within 90 days after
CONSULTANT completes its work pursuant to this AGREEMENT with CONSULTANT
for the implementation of a project designed by CONSULTANT, then the fee
contemplated by this section shall be waived. If the CITY enters into a contract with
CONSULTANT at a later date, then the fee paid by the CITY will be credited toward the
project’s total implementation cost
4. METHOD OF PAYMENT
CONSULTANT shall be reimbursed no earlier than ninety (90) days of submitting
an invoice to City for the SERVICES. 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
Federal funds may 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.
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(ii). Federal Contract Provisions attached hereto as Exhibit B and
incorporated herein by reference.
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, designs, 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
until the SERVICES are completed, 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
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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
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:
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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
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.
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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
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
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CONSULTANT: SiteLogIQ.
Attn: Josh Steeber
1651 Response Rd, Ste 300
Sacramento, CA 95815
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:
______ _____
PATRICK DONEGAN, CITY ATTORNEY
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Exhibit A
SITELOGIC LOA
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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
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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.
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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.
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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:
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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
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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
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Exhibit B
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.
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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.
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(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
72
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
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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
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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
75
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
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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
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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.
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Agenda Item No.: 8.H
Mtg. Date: 06/26/2023
TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM:ELAINE JENG,
THRU:DAVID H. READY
SUBJECT:DIRECT STAFF TO PREPARE A SECOND AMENDMENT TO THE
LEASE AGREEMENT WITH THE ROLLING HILLS COMMUNITY
ASSOCIATION TO MAINTAIN THE CURRENT LEASE AMOUNT OF
$5,749.25 PER MONTH
DATE:June 26, 2023
BACKGROUND:
The offices of the City of Rolling Hills and the Rolling Hills Community Association (RHCA) co-
locate on the City Hall campus. The campus is owned by the City of Rolling Hills and to
occupy the space on the campus, the terms of the shared space have historically been
defined by a lease agreement. Additionally, historically the lease agreement discussed the
use of the other city owned properties in the community (riding rings, Storm Hill park, and
tennis courts).
The current lease agreement with the RHCA was executed in 2018 for a ten year term to
2028. Via the lease agreement, the RHCA agreed to pay the city rent for the use of the RHCA
building on the City Hall campus. In 2018, the monthly rent was $6,998.
In 2020, the monthly rent was reduced to $5,749.25 for the period between July 1, 2020 to
June 30, 2023 by the way of the first amendment to the 2018 lease agreement. Additionally,
paragraph 8 of the 2018 lease agreement was modified speaking to the requirement that traffic
control devices including pavement markings and striping altered by the RHCA must be
restored by the RHCA.
DISCUSSION:
Per the first amendment to the lease agreement executed in 2020, the monthly rent would go
back to $6,998 starting July 1, 2023 to the end of the term in 2028. RHCA Manager Kristen
Raig contacted staff in May 2023 and inquired if the city wanted to continue with the changes
made to the lease agreement in 2020.
Staff recommends that the City Council continue to charge the RHCA $5,749.25 per month for
rent for the remainder term of the lease agreement. If the City Council approves staff's
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recommendation, staff will work with the City Attorney to present a second amendment to the
lease agreement at the July 10, 2023 City Council for approval.
FISCAL IMPACT:
The difference between a monthly rent of $6,998 and $5,749.25 is $1,248.74 per month or
$14,985 over a twelve month period.
The first amendment to the lease agreement would require the RHCA to restore traffic control
devices in the community if altered by the RHCA. Prior to 2020, and prior to this provision
being in the lease agreement, the city addressed traffic control needs within the limits of the
city. While there would be a reduction in revenue to the city, there would also be savings in
expenditures relating to traffic control devices.
RECOMMENDATION:
Approve as presented.
ATTACHMENTS:
RHCA 2018-2028_SignedAgreement.pdf
CA_AGR_200717_FirstAmendment_RoadStriping_E.pdf
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Page 1
CITY OF ROLLING HILLS
LEASE AGREEMENT
This Lease ("Lease'') is made and executed as of this Ii./ ~y of M ~ , ;l.o J & , by and
between the City of Rolling Hills (the "City"), a municipal corporation; and the Rolling Hills
Community Association of Rancho Palos Verdes (the "Association"), a California non-profit
corporation.
Recitals
A. City and Association were parties to a now expired lease dated June 17, 1993, as
amended by an amendment to the lease dated November 13, 2000, covering the Building,
Hesse's Gap Riding Ring, Tennis Courts, and Parking Area (as herein defined).
B. City and Association are parties to another lease dated June 1, 2003, as amended by four
(4) amendments on April 1, 2007~ April I, 2010; June 1, 2013; and June 26, 2017, by
which City leased the Premises (as herein defined) to Association. This lease expires on
May 31, 2018.
C. City and Association desire to enter into this Lease, effective as of the Commencement
Date as specified below, and thereby supersede all other leases.
NOW, THEREFORE, the parties hereto agree as follows:
1. FUNDAMENTAL LEASE PROVISIONS:
(a) Time:
(i) Lease Tenn: 120 months.
(ii) Commencement Date: June 1, 2018
(iii.) Expiration Date: May 31, 2028.
(b) Rent: $6,998.00 per month for the ten-year lease period.
(c) Use of Premises: The Premises shall be used as fo llows:
652 77.00001 \30940221.1
(i) The "Building" shall be used by Association for its administration
and for meetings of the Association and its board and members,
81
Page2
and other purposes compatible with the use for which it was
designed.
(ii) The "Hesse's Gap Riding Ring" and the "ClifHix Riding Ring"
shall be used for riding ring purposes, and other purposes
'compatible With the use for which they were designed.
(iii) The "Tennis Courts" shall be used for playing recreational tennis,
and other purposes compatible with the use for which they were
designed.
(iv) The "Parking Areas" shall be used by Association only for parking
of vehicles by Association, its employees, guests, board members,
and invitees, and for pedestrian and vehicular ingress and egress.
(v) The "Storm Hill Park" shall be used as a passive park for such
activities as hiking, picnicking, horseback riding, walking, and
jogging. Additional uses must be approved by the City and
consistent with the City's goals of low intensity and equestrian
uses.
( d) Address for Payments of Rent and Notices:
To City:
To Association:
No. 2 Portuguese Bend Road
Rolling Hills, California 90274
Attn: City Manager
No. 1 Portuguese Bend Road
Rolling Hills, California 90274
Attn: Community Association Manager
2 . PREMISES. In consideration of the Association's payment of the rent, and the
performance of covenants and conditions herein contained, City hereby leases to
Association, and Association hereby hires from City, upon the tenns and
conditions set forth herein, the following real property and improvements (herein
referred to as the "Premises"). The Premises consist of the following:
(a) The building improved thereon (herein referred to as the "Building"),
located at No. 1 Portuguese Bend Road, Rolling Hills, California 90274.
(b) The undivided right to use in common with City one-half (1/2) of the
parking spaces improved on the real property identified as the Parking
65277.00001 \30940221.1
82
Page 3
Area (the "Parking Area"), located between the Building and the City Hall
building at No. 2 Portuguese Bend Road, Rolling :Hills, California 90274,
together with all roads and walkways to and from the Parking Area for
pedestrian and vehicular ingress and egress.
(c) The Caballeros Riding Ring at Hesse's Gap Riding Ring (the "Hesse's
Gap Riding Ring"), located at Poppy Trail and Portuguese Bend Road,
Rolling Hills, California 90274.
(d) The ClifHix Riding Ring (the "ClifHix Riding Ring"), located at the end
of Buggy Whip Drive, Rolling Hills, California 90274. ·
( e) The undivided right to use in common with City the Tennis Courts (the
''Tennis Courtsu), located at Portuguese Bend Road and Palos Verdes
Drive North, Rolling Hills, California 90274.
(f) The Storm Hill Park ("Storm Hill Park"), an approximately eight (8) acre
park identified as Assessors Parcel Number 7570-024-900 approved and
recorded in Parcel Map Number 26356.
3. TERM. The term of this Lease shall be that period set forth in Section l(a)(i)
hereof. The term shall commence on the Commencement Date set forth in Section
l(a)(ii) hereof, and shall expire on the date set forth in Section l(a)(iii) hereof.
Effective as of the Commencement Date, the prior leases identified in Recitals A
and B shall be deemed terminated and of no further force or effect, except for the
indemnity obligations describ~ therein, and except for any accrued, unpaid rent,
or other charges, which shall survive such termination.
4. RENT. Association shall pay City monthly in advance, without deduction or
offset, as rent, $6,998.00.
5. CONDITION AND ACCEPTANCE OF PREMISES. Association hereby accepts
the Premises, including but not limited to the Building, in their condition existing
as of the date hereof, subject to all applicable zoning, municipal, county, and state
laws, ordinances, and regulations governing and regulating the use of the
Premises, and any covenants or restrictions of record, and accepts this Lease
subject thereto and to all matters disclosed thereby and by any exhibits attached
hereto. Association acknowledges that neither City nor City's agents have made
any representation or warranty as to the present or future suitability of the
Premises, including but not limited to the Building, for Association's intended use
thereof, nor has City agreed to undertake any modification, alteration, or
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improvement to the Premises, including but not limited to the Building, except as
provided in this Lease.
6. TAXES. Association shall pay to the appropriate taxing authority all real
property taxes, assessments (general, special, ordinary or extraordinary)
possessory interest taxes, license fees, improvement bond or bonded indebtedness,
levy or tax, and any personal property taxes attributable to personal property at
the Premises, if any are applicable to Association or the Premises, or
Association's interest therein, accruing during the term of this Lease. All such
payments shall be made at least ten (10) days prior to the delinquency date of
such payment. Association shall promptly furnish City with satisfactory evidence
that such taxes have been paid. Association may lawfully contest, by appropriate
proceedings at Association's sole cost and expense, any taxes or assessments, and
may defer payments of the same during any appeal, provided such defense does
not adversely affect City's interest in the Premises. If any such taxes paid by
Association shall cover any period of time prior to or after the expiration of the
term hereof, Association's obligation for such taxes shall be equitably prorated to
cover only the period of time within the tax fiscal year during which this Lease
shall be in effect, and City shall reimburse Association to the extent required. If
Association shall fail to pay any such taxes, City shall have the right to pay the
same, in which case Association shall repay such amount to City with
Association's next rent installment, plus any damages caused by such failure.
7. USE OF PREMISES.
(a) The Premises shall be used and occupied by Association for the purposes
described in Section 1 ( c) hereof, and for such other uses that are not
incompatible with the primary uses set forth in Section 1 ( c ).
(b) Association shall, at Association's expense, comply promptly with all
applicable statutes, ordinances, rules, regulations, orders, covenants and
restrictions of record, and requirements in effect during the term or any
part of the term hereof, regulating the use by Association of the Premises,
including but not limited to the Building. Association shall not use nor
permit the use of the Premises in any manner that will tend to create waste
or a nuisance.
8. ALTERATIONS. Except for interior, nonstructural, nonsystemic alterations or
additions not cumulatively costing in excess of Ten Thousand Dollars
($10,000.00) in any calendar year, Association shall not make or allow any other
alterations, additions, or improvements in or to the Premises, including but not
limited to the Building, without City's prior written consent, and then only by
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contractors or mechanics approved in advance in writing by City, which shall not
unreasonably withhold consent. In each instance where Association requires
City's approval of an alteration, Association shall furnish City with plans showing
the proposed alteration to the Premises, including but not limited to the Building.
Association covenants and agrees that all work done by or pursuant to the
direction and instruction of Association shall be performed in full compliance
with all laws, rules, orders, ordinances, directions, regulations, and requirements
of all governmental agencies, offices, departments, bureaus, and boards having
jurisdiction, and in full compliance with the rules, orders, directions, regulations,
and requirements of the Insurance Service Office, and of any similar body. Before
commencing any work, Association shall give City at least five (5) days written
notice of the proposed commencement of such work and shall, if required by City,
secme at Association's own cost and expense, a completion and lien indemnity
bond, satisfactory to City, for said work. City shall have the right at all times to
post notices of non-responsibility on the Premises and record verified copies
thereof in connection with all work of any kind upon the Premises.
Notwithstanding the foregoing, Association shall not make any alterations or
additions whatsoever to the Parking Areas without City's prior written consent,
which may be withheld in City's sole discretion.
9. MAINTENANCE AND REPAIRS .
(a) Except as herein specifically provided to the contrary, Association shall at
Association's sole cost and expense keep and maintain the Premises,
including but not limited to the Building, clean and in good condition and
repair. Damage thereto from causes beyond the reasonable control of
Association and ordinary wear and tear is excepted. Association shall also:
(i) Keep the Premises, including the Parking Area, free of litter and
debris and shall regularly clear all drain catch basins of debris.
(ii) Maintain all landscaping (except in the Parking Area and Tennis
Courts).
(iii) Perform all sprinkler repairs or modifications, necessary painting
repairs of structures (including fencing), necessary lighting,
electrical, or plumbing repairs, and weed abatement (excluding the
Parking Area and Tennis Courts). as required by the Los Angeles
County Fire Department.
(iv) Repair and maintain the roof and structural portions of the
Building and building systems. City shall not be liable or have
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responsibility for any repairs or maintenance to the Building or the
Premises, including the septic tanks servicing the Building and the
guard station, except as specifically provided herein to the
contrary.
(v) Provide the services of one (1) maintenance worker to perform five
(5) hours of maintenance and repair work around the Premises per
month for the term of the Lease. Association shall make the
maintenance worker available to City such that he or she may
perform the following services:
a. Removal of downed tree limbs;
b. Unclogging Parking Area drains;
c. Power washing concrete walkways;
d. Performing small painting projects;
e. Repairing three (3) rail fences;
f. Repairing any damaged, cracked, or broken asphalt;
g . Spreading woodchips around Parking Area planters;
h. Replacing exterior lights on Premises;
1. Cleanup of debris around the Premises, as necessary;
and
J. Any other similar tasks which a handyman would
normally perform.
Any unused portion of the five ( 5) hours per month allotted to the
City for maintenance and repair work shall carry over to the
following month and may accumulate; similarly, City may
deliberately accrue unused time in order to apply it towards larger
projects. Any services requested shall be performed as soon as
reasonably possible pursuant to the availability of maintenance
staff, and in no event more than ten (10) days after the request for
services is first made by the City. Following any aforementioned
maintenance work, Association shall submit to the City per month,
as applicable, a document detailing the scope of work including,
but not limited to, any costs attributable to the City, the specific
tasks performed, the hours expended per task, any supplies or
materials used, and any extra assistance utilized in the performance
of the requested task.
(vi) Upon termination of the Lease, Association shall surrender the
Premises to City in the same condition as when Association's
occupation of the Premises commenced, ordinary wear and tear
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and damage from causes beyond the reasonable control of
Association excepted.
Association waives the right to make rep~ at City's expense
under Subsection 1 of Section 1932, Sections 1941 and 1942 of the
California Civil Code, or any other such law, statute, or similar
ordinance now or hereafter in effect.
Subject to the provisions of Section 16 hereof, all damage or injury
to the Premises, including but not limited to the Building, caused
by the act or negligence of Association, its employees, agents, or
visitors, shall promptly be repaired by Association at its sole cost
and expense, to the reasonable satisfaction of City. After first
giving Association an opportunity to do so, City may make any
repairs which are not promptly made by Association and charge
Association the cost thereof as additional rent.
Notwithstanding anything provided herein to the contrary, City
shall be solely responsible for performing all repairs and
maintenance to the Parking Area, but Association shall reimburse
City, within 10 days ·after receipt of a written demand therefore, for
one-half (112) of the costs incurred by City in repairing and
maintaining the Parking Areas, or for performing any alterations or
additions to the Parking Areas. Moreover, so long as City uses the
Tennis Courts, City agrees to reimburse Association for one-half
(1/2) of the costs incurred by Association in repairing and
maintaining the Tennis Courts. Finally, City shall, at City's sole
cost and expense, provide weekly landscape maintenance to the
Parking Areas and Tennis Courts.
Notwithstanding anything provided herein to the contrary,
Association shall be solely responsible for performing all
maintenance of the equestrian facilities subject to this Lease, but
City shall reimburse Association, within 10 days after receipt of a
written demand therefore, for one-half (112) of the costs incurred
by Association in maintaining the equestrian facilities, not to
exceed Five Thousand Dollars ($5,000.00) per year.
(b) If the Insurance Services Office or any other si.inilar body or bureau
department or official of the state, county, or city government or any
governmental authority having jurisdiction, require that any changes,
modifications, replacements, alterations, or additional equipment be made
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or supplied in or to any sprinkler system, heat, or smoke detection system
or any other so called life-safety system by reason of Association's use of
the Premises, or the location of partitions, trade fixtures, or other contents
of the Premises, or if any such changes, modifications, replacements,
alterations, or additional equipment become necessary to prevent the
imposition of a penalty or charge against the full allowance for any such
system in the insurance rate as fixed by said Office or by any insurance
company, Association shall, at Association's cost and expense, make and
supply such changes, modifications, replacements, alterations, or
additional equipment; provided, however, if such requirements are of a
capital nature, Association shall have the option to terminate this Lease in
lieu of constructing such improvements.
10. LIENS. Association shall keep the Premises, including the Building, and the
property upon which the Premises are situated, free from any liens arising out of
the work performed, materials furnished, or obligations incurred by Association.
Association further covenants and agrees that should any mechanic's lien be filed
against the Premises, including but not limited to against the Building, for work
claimed to have been done for or materials claimed to have been furnished to
Association, said lien will be discharged by Association, by bond or otherwise,
within ten (10) days after the filing thereof, at the cost and expense of
Association.
11. UTILITIES. The Association shall be responsible for the costs of the utilities to
the Building and other leased Premises, including, Hesse's Gap Riding Ring, Clif
Hix Riding Ring and Storm Hill Park. The City shall be responsible for the costs
of the utilities to its Building, the City Hall Parking areas and the Tennis Courts.
12. RIGHT OF ENTRY BY CITY. City and its agents shall have the right to enter
the Premises, including the Building, at all reasonable times upon prior reasonable
notice to Association for the purpose of examining or inspecting the same, or in
the case of an emergency. City shall invite Association to have a representative of
Association accompany City in any such inspection, but if Association shall not
personally be present to open and permit an entry into the Premises, including but
not limited to the Building, at any time when such an entry by City is necessary
by reason of emergency, City may enter by means of a master key or pass key or
may enter forcibly, without liability to Association except for any failure to
exercise due care for Association's property, and any such entry by City shall not
under any circumstances be construed or deemed to be a forcible or unlawful
entry into, or a detainer of, the Premises, or an eviction of Association from the
Premises or any portion thereof
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13. INDEMNIFICATION AND WAIVER. Association hereby agrees to indemnify,
protect, and hold City hannless against and from any and all liabilities and claims
of damages or injury arising from Association's use of the Premises, the Building
and adjacent Parking Areas, or from any activity, work, or thing done, permitted
or suffered by Association in the Premises, Building, and adjacent Parking Areas,
and shall further indemnify, protect, and hold harmless City against and from any
and all liability for claims arising from any breach or default in the performance
of any obligation on Association's part to be performed under the terms of this
Lease, or arising from any act, neglect, fault, or omission of the Association, or of
its agents, employees, visitors, invitees, or licensees, and from and against all
costs, attorneys' fees, expenses, and liabilities incurred in or about any such
claim, action, or proceeding brought thereon; and in case any action or proceeding
is brought against City by reason of such claim, Association, upon notice from
City, shall defend the same at Association's expense by counsel reasonably
satisfactory to and approved by City. Association, as a material part of the
consideration to City, hereby assumes all risk of damage to Association's property
or injury to Association's employees, agents, visitors, invitees, and licensees in or
upon the Premises, including the Building and Parking Areas, and Association
hereby waives all claims in respect thereof, from any cause whatsoever, against
City. City shall not be liable to Association for any damage therefrom to
Association or Association's property from any cause beyond City's reasonable
control. Association hereby agrees that in no event shall City be liable for any
consequential damages.
14. INSURANCE.
(a) At all times during the term hereof, Association shall maintain in effect
policies of Property Insurance, including fire and extended coverage
insurance providing coverage for the following: (i) the Building, Hesse's
Gap Riding Ring, ClifHix Riding Ring, Tennis Courts, Storm Hill Park,
and leasehold improvements (including any alterations, additions, or
improvements as may be made by Association pursuant to provisions
hereof), and (ii) trade fixtures and other personal property, on or upon the
Premises, in an amount not less than one hundred percent ( 100%) of their
actual replacement cost during the term of this Lease. The Property
Insurance shall provide protection against any peril included within the
classification "Fire and Extended Coverage" together with insurance
against vandalism, malicious mischief, earthquakes, and special extended
eri1 f"al} • k" th • ed . fL . • d ) p eds f p s , ns as &e term 1s us m :.ue msurance m ustry . roce o
such insurance shall be used for the repair or replacement of the property
so insured. Upon termination of this Lease following a casualty as set
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forth herein, the proceeds under {ii) above shall be paid to Tenant, and the
balance shall be paid to Landlord.
{b) Association shall, at all times during the tenn hereof and at its own cost
and expense, procure and continue in force comprehensive General
Liability Insurance for bodily injury and property damage, adequate to
protect City against liability for injury to or death of any person, arising in
connection with the Premises. Such insurance at all times shall be in an
amount of not less than a combined single limit of Five Million Dollars
{$5,000,000), insuring against any and all liability of the insured with
respect to said Premises or arising out of the use or occupancy thereof.
{ c) All insurance required to be carried by Association hereunder shall be
issued by responsible insurance companies possessing a Besfs rating of
no less than A-:VII, qualified to do business in the State of California, and
reasonably acceptable to City. Each policy shall name City an additional
insured, and copies of all policies or certificates of insurance evidencing
the existence and amounts of such insurance shall be delivered to City by
Association. No such policy shall be cancelable except after thirty {30)
days prior written notice to City. Association shall furnish City with
renewals or "binders" of any such policy at least thirty {30) days prior to
the expiration thereof. Association agrees that if Association does not take
out and maintain such insurance, City may {but shall not be required to)
procure said insurance on Association's behalf and charge the Association
the premiums, payable upon demand.
{d) Not less often than every three {3) years during the term of this Lease,
Association and City shall agree in writing on the full replacement cost of
the Premises pursuant to this Section. If, in the reasonable opinion of City,
the amount or type of public liability and property damage insurance
coverage, or any other amount or type of insurance at that time is not
adequate or not provided for herein, Association shall either acquire or
increase the insurance coverage as required by either City or City's lender.
15. WAIVERS OF SUBROGATION. Each of the parties hereby waives any and all
rights of recovery against the other or against any other tenant or occupant of the
Premises, or against the officers, employees, agents, representatives, customers,
and business visitors of such other party or of such other tenant or occupant of the
Premises, for loss or damage to such waiving party or its property or the property
of others under its control, arising from any cause insured against under the
standard form of property insurance policy with all permissible extensions and
endorsements covering extended perils or under any other policy of insurance
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carried by such waiving party in lieu thereof, to the extent such policies then in
force permit such waiver.
16. DAMAGE OR DESTRUCTION.
(a) In the event the Premises, including but not limited to the Building, are
damaged by any casualty, Association shall be responsible for repairing
such damage and restoring the Premises, including but not limited to the
Building, except in the following circumstances:
(i) The repair or restoration thereof, in City's opinion, cannot be
completed within one hundred eighty (180) days of
commencement of repair or restoration; or
{ii) The repair or restoration is not covered by insurance, or the
estimated cost thereof exceeds by fifty percent (50%) the insurance
proceeds available for repair or restoration plus any amount which
Association is obligated or elects to pay for such repair or
restoration; or
(iii) The estimated cost of repair or restoration of the Premises exceeds
fifty percent (50%) of the full replacement cost of the Building; or
(iv) The Building cannot be restored except in a substantially different
structural or architectural form than existed before the damage and
destruction.
In any of these events, either City or Association shall have the option to
either terminate this Lease or to repair or restore the Premises, including
but not limited to the Building. In the event that either party elects to
terminate this Lease, the terminating party shall give notice to the other
within sixty ( 60) days after the occurrence of such damage, terminating
this Lease as of the date specified in such notice, which date shall not be
more than thirty (30) days after the giving of such notice. In the event such
notice is given, this Lease shall expire and all interest of Association in the
Premises shall terminate on the date specified in the effective notice.
(b) Upon any termination of this Lease under any of the provisions of this
Article, the parties shall be released thereby, without further obligation to
the other, from the date possession of the Premises is surrendered to the
City, except for items which have theretofore accrued and are then unpaid.
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(c) If this Lease is terminated by either party as provided hereunder,
Association sha)l deliver and assign to City all proceeds of insurance
payable on the policies of insurance that Association is required to carry
hereunder.
(d) The provisions of Section 1932, Subdivision 2, and Section 1933,
Subdivision 4, of the Civil Code of the State of California, including any
amendments thereto and any other law which may hereinafter be in force
during the term of this Lease which authorizes the termination of the
Lease upon the partial or complete destruction of the Premises, are hereby
waived by Association.
17. EMINENT DOMAIN. If the whole or part of the Premises shall be taken or shall
substantially interfere with Association's use and occupancy, under power of
eminent domain, or sold, transferred, or conveyed in lieu thereof, either
Association or City may terminate this Lease as of the date of such condemnation
or as of the date possession is taken by the condemning authority, whichever date
occurs later. No award for any partial or entire taking shall be apportioned, and
Association hereby assigns to City any award which may be made in such taking
or condemnation, together with any and all rights of Association now or hereafter
arising in or to the same or any part thereof; provided, however, that nothing
contained herein shall be deemed to give City any interest in or require
Association to assign to City any award made to Association for the taking of
personal property and fixtures belonging to Association and removable by
Association at the expiration of the term hereof, as provided hereunder, or for the
interruption of, or damage to Association's business or for Association's
relocation expenses recoverable against the condemning authority. Nothing
contained herein shall be construed as a waiver of the City's right to condemn the
Premises.
18 . DEFAULT.
(a) Any of the following events shall constitute a default under this Lease by
Association:
(i) Association's failure to pay any rent or other charges on their due
date and the continuation of such delinquency for 15 consecutive
days after written notice thereof from City;
(ii) Association's abandonment of the Premises;
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652 77.0 0001 \30940221.1
(iii) Except as expressly permitted under this Lease, any attempted
conveyance, assignment, mortgage, or subletting of this Lease;
(iv) Association's general assignment or arrangement for the benefit of
creditors; the filing by or against Association of a petition to have
Association adjudged bankrupt or a petition for reorganization or
arrangement under any law relating to bankruptcy and the failure
of Association, or Association's trustee-in-bankruptcy (as the case
may be) to assume this Lease within sixty ( 60) days after the date
of the filing of the petition, (or within such additional time as the
court may fix for cause within such sixty (60) day period), or the
rejection of this Lease by Association or the trustee of Association
during such sixty (60) day period; the taking of any action at the
corporate level by Association to authorize the filing of a petition-
in-bankruptcy on behalf of Association; the appointment by a court
other than a bankruptcy court of a trustee or receiver to take
possession of substantially all of Association's assets located at the
Premises or of Association's interest in this Lease unless
possession is restored to Association within thirty (30) days;
(v) If Association shall be adjudicated insolvent pursuant to the
provisions of any present or future insolvency law under the laws
of the State of California, or if any proceedings are filed by or
against Association under the United States Bankruptcy Code (11
U.S.C. § 101 et seq.}, or any similar provisions of any future federal
bankruptcy law, or if a receiver or a trustee of the property of
Association shall be appointed under California law by reason of
Association's insolvency or inability to pay its debts as they
become due or otherwise; or if any assignment shall be made of
Association's property for the benefit of creditors under California
law;
(vi) The failure by Association to observe or perform any covenant,
condition, or provision in this Lease not already specifically
mentioned in this Section, where such failure is material and
continues for thirty (30) days after written notice from City
notifying Association of such failure; provided, however that if the
nature of Association's default is such that more than thirty (30)
days are reasonably required fer its cure, then Association shall not
be deemed to be in default if Association commenced to cure such
default within said 30-day period and thereafter diligently
prosecutes such cure to completion.
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65277.00001 \30940221.1
(vii) In the event of any default by Association, City may promptly or at
any time thereafter, upon notice and demand and without limiting
City in the exercise of any other right or remedy which City may
have by reason of such default or breach, terminate Association's
right to possession of the Premises by any lawful means, in which
case this Lease shall terminate and Association shall immediately
surrender possession of the Premises to City. In such event, City
shall be entitled to recover from Association any amount provided
by California Civil Code Section 1951 .2, plus any other amount
necessary to compensate City for all detriment proximately caused
by Association's failure to perform its obligations under this Lease
or which in the ordinary course of things would be likely to result
therefrom, including, but not limited to, the cost of recovering
possession of the Premises, expenses ofreletting (including
advertising), brokerage commissions and fees , costs of putting the
Premises in good order, condition and repair, including necessary
renovation and alteration of the Premises including the Building,
reasonable attorney's fees, court costs, all costs for maintaining the
Premises including the Building, all costs incurred in the
appointment of and performance by a receiver to protect the
Premises including the Building or City's interest under the Lease,
and any other reasonable cost; or pursue any other remedy now or
hereafter available to City under the laws or judicial decisions of
the State of California.
(viii) Even though Association may have breached this Lease and
abandoned the Premises, at City's option this Lease shall continue
in effect for so long as City does not terminate Association's right
to possession, and City may enforce all of its rights and remedies
hereunder, including the right to recover rent as it comes due under
this Lease , and in such event City will pennit Association to sublet
the Premises or to assign its interest in the Lease, or both, with the
consent of City, which consent will not unreasonably be withheld
provided the proposed assignee or sublessee is reasonably
satisfactory to City as to credit and will occupy the Premises for
the same purposes specified herein. For purposes of this subsection
( c ), the following shall not constitute a termination of
Association's right to possession: (i) acts of maintenance or
preservation or efforts to relet the Premises; or (ii) the appointment
of a receiver under the initiative of City to protect City's interest
under this Lease.
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19. ASSIGNMENT AND SUBLETTING.
(a) Association acknowledges that the Premises are uniquely beneficial to the
Association. Therefore, Association shall not assign or transfer this Lease,
or any interest therein, and shall not sublet the Premises or any part
thereof, or any right or privilege appurtenant thereto, or suffer any other
person (the invitees, agents, and servants of Association excepted) to
occupy or use the Premises, or any portion thereof, or agree to any of the
foregoing, without in each case first obtaining the written consent of City,
which may be granted or withheld in City's sole and absolute discretion.
Any such assignment, transfer, pledge, hypothecation, encumbrance,
sublease or occupation of, or the use of the Premises by any other person
without such consent, shall be void. Neither this Lease nor any interest of
Association herein shall be assignable by operation oflaw, without the
written consent of City. Any consent to any assignment, transfer, pledge,
hypothecation, encumbrance, sublease, or occupation or use of the
Premises by any other person which may be given by City shall not
constitute a waiver by City of the provisions of this Section or a release of
Association from the full performance by it of the covenants herein
contained.
(b) Each permitted assignee, transferee, or sublessee, other than City, shall
assume and be deemed to have assumed this Lease and shall be and
remain liable jointly and severally with Association for the payment of the
rent and for the due performance or satisfaction of all of the provisions,
covenants, conditions, and agreements herein contained on Association's
part to be performed or satisfied. No permitted assignment shall be
binding on City unless such assignee or Association shall deliver to City a
counterpart of such assignment which contains a covenant of assumption
by the assignee, but the failure or refusal of the assignee to execute such
instrument of assumption shall not release or discharge the assignee from
its liability as set forth above.
20. ESTOPPEL CERTIFICATES. Association shall at any time, upon not less than
ten (10) days' prior written notice from City, execute, acknowledge, and deliver
to City a statement in writing certifying, affirming, or confirming certain
information including, without limitatio~ that this Lease is unmodified and in full
force and effect (or, if modified, stating the nature of such modification and
certifying that this Lease, as so modifi~ is in full force and effect} and the dates
to which the rental, if any, and other charges, if any, are paid in advance, and
acknowledging that there are not, to Association's knowledge, any uncured
defaults on the part of City hereunder, and no events or conditions then in
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existence which, with the passage of time or notice or both, would constitute a
default on the part of City hereunder, or specifying such defaults, events, or
conditions, if any are claimed. It is expressly understood and agreed that any
prospective purchaser or encumbrancer of all or any portion of the Premises or of
the real property of which it is a part shall be entitled to rely upon any such
statement. Association's failure to deliver such statement within such time shall,
at the option of City, constitute a material breach or default under this Lease. If
such option is not so exercised by City (and despite any later delivery by
Association of such statement), Association's failure to deliver same in a timely
manner shall be conclusive upon Association that (i) this Lease is in full force and
effect without modification except as may be represented by City; (ii) there are no
uncured defaults in City's performance; and (iii) not more than two (2) months'
rental has been paid in advance.
21. INTEREST ON PAST DUE OBLIGATIONS. Except as otherwise expressly
provided in this Lease, any amount due from Association to City hereunder which
is not paid when due shall bear interest at the highest rate then allowed to be
changed by non-exempt lenders under the usury laws of the State of California
from the date due until the date paid.
22. ARBITRATION. In the event that the parties have failed for a period of
sixty (60) days to reach agreement on any controversies, claims, and matters of
difference, the parties agree to submit such controversies, claims, and matters of
difference to arbitration according to the rules and practices of the American
Arbitration Association in force. This submission and agreement to arbitrate shall
be specifically enforceable. There shall be three (3) arbitrators who shall be
residents of the City and members of the Association. One (1) arbitrator shall be
appointed by the City, one (1) by the Association, and those two (2) shall select
the third arbitrator. A decision agreed on by two (2) of the arbitrators shall be the
decision of the arbitration panel. The parties agree to abide by all awards rendered
in such proceedings. Such awards shall be final and binding and there shall be no
appeal therefrom.
23. CITY'S DEFAULTS. City shall not be deemed to be in default in the
performance of any obligation required to be performed by it hereunder unless
and until it has failed to perform such obligation for thirty (30) days after written
notice by Association to City specifying wherein City has failed to perform such
obligation; provided, however, that if the nature of City's obligation is such that
more than thirty (30) days are required for its performance then City shall not be
deemed to be in default if it shall commence such performance within such thirty
(30)-day period and thereafter diligently prosecute or pursue the same to
completion. In no event shall Association have the right to terminate this Lease as
65277.00001 \30940221.1
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a result of Association's default, and Association's remedies shall be limited to
damages or an injunction.
24. HOLDING OVER. Should Association, with or without City's written consent,
hold over after the termination of this Lease, such possession by Association shall
be deemed to be a month-to-month tenancy terminable by thirty (30) days' notice
given at any time, upon each and all of the terms herein provided as may be
applicable to a month-to-month tenancy and any such holding over shall not
constitute an extension of this Lease. The foregoing provisions of this Article are
in addition to and do not affect City's right of re--entry or any other rights of City
hereunder or as otherwise provided by law. If Association fails to surrender the
Premises upon the expiration of this Lease despite demand to do so by City,
Association shall indemnify and hold City harmless from all losses or liability,
including without limitation, any claim made by any succeeding tenant or entity
founded on or resulting from such failure to surrender, and any loss of rent from
prospective tenant or entity.
25. W AIYER. No delay or omission in the exercise of any right or remedy by either
party to this Lease on the occurrence of any default by the other party to this
Lease shall impair such a right or remedy or be construed as a waiver. The receipt
and acceptance by City of delinquent rent shall not constitute a waiver of any
other default; it shall constitute only a waiver of timely payment for the particular
rent payment involved. No act or conduct of City, including, without limitation,
the acceptance of the keys to the Premises, shall constitute an acceptance of the
surrender of the Premises by Association before the expiration of the term. Only
written notice from City to Association shall constitute acceptance of the
surrender of the Premises and accomplish a termination of the Lease. City's
consent to or approval of any act by Association requiring City's consent or
approval shall not be deemed to waive or render unnecessary City's consent to or
approval of any subsequent act by Association. Any waiver by either party of any
default must be in writing and shall not be a waiver of any other default
concerning the same or any other provision of the Lease.
26. FORCE MAJEURE. Whenever a day is appointed herein on which, or a period
of time is appointed within which, either party hereto is required to do or
complete any act, matter, or thing, the time for the doing or completion thereof
shall be extended by a period of time equal to the number of days on or during
which such party is prevented from, or is unreasonably interfered with, the doing
or completion of such act, matter, or thing because of strikes, lock-outs,
embargoes, unavailability of labor or materials, wars, insurrections, rebellions,
civil disorder, declaration of national emergencies, acts of God, or other causes
beyond such party's reasonable control (financial inability excepted); provided,
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however, nothing contained in this Section shall excuse Association from the
prompt payment of any rental or other charge required of Association hereunder,
except as specifically provided in Section hereof to the contrary.
27. MISCELLANEOUS.
(a) Any provision of this Lease which shall prove to be invalid, void, or
illegal shall in no way affect, impair, or invalidate any other provision
hereof and such other provisions shall remain in full force and effect.
(b) In the event of any litigation between Association and City, to enforce any
provision of this Lease or any right of either party hereto, or to secure a
judicial determination of any right or obligation of either party hereto, the
unsuccessful party in such litigation shall pay to the successful party all
reasonable costs and expenses, including reasonable attorneys' fees,
incurred therein. Moreover, if either party hereto without fault is made a
party to any litigation instituted by or against any other party to this Lease,
such other party shall indemnify City or Association, as the case may be,
against and save it harmless from all costs and expenses, including
reasonable attorneys' fees, incurred by it in connection therewith.
( c) Time is of the essence hereunder.
( d) The section captions contained in this Lease are for convenience and do
not in any way limit or amplify any term or provision of this Lease and
shall have no effect on its interpretation.
(e) The terms "City" and "Association" as used herein shall include the plural
as well as the singular, and the neuter shall include the masculine and
feminine genders. The obligations herein imposed upon Association shall
be joint and several as to each of the persons, firms, or corporations of
which Association may be composed.
(f) This Lease and the exhibits and any rider or addendum attached hereto
constitute the entire agreement between the parties hereto with respect to
the subject matter hereof, and no prior agreement or understanding
pertaining to any such matter shall be effective for any purpose. No
provision of this Lease may be amended or supplemented except by an
agreement in writing signed by the parties hereto or their successors in
interest.
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Page 19
(g) lbis Lease shall be interpreted and enforced in accordance with the laws
of the State of California, which shall apply in all respects, including
statutes oflimitation, to any disputes or controversies arising out of or
pertaining to this Lease.
(h) Upon Association's observing and performing all of the covenants,
conditions, and provisions on Association's part to be observed and
performed hereunder, Association shall have quiet possession of the
Premises for the entire term hereof, subject to all of the provisions of this
Lease.
(i). Except as otherwise provided in this Lease, all of the covenants,
conditions, and provisions of this Lease shall be binding upon and shall
inure to the benefit of the parties hereto and their respective heirs, personal
representatives, successors, and assigns.
G) Any notice required or permitted to be given hereunder shall be in writing
and may be given by personal delivery or by certified mail, return receipt
requested, addressed to Association or to City at the addresses provided in
Section 1 ( d) hereof. Either party may by proper notice to the other specify
a different address for notice purposes.
(k) The text of this Lease shall be construed, in all respects, according to its
fair meaning, and not strictly for or against either City or Association.
(1) This Lease shall not be recorded, except that if City requests Association
to do so, the parties shall execute a memorandum of this Lease in
recordable form and Association shall execute and deliver to City on the
expiration or termination of this Lease, immediately on City's request, a
quitclaim deed to the Premises, in recordable form, designating City as
transferee. All expenses incurred shall be borne by City.
IN WITNESS WHEREOF, the parties hereto have executed this Lease as of the day and
year first above written.
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AITEST:
65277.00001\30940221.1
ROLLING HILLS COMMUNITY
ASSOCIATION OF RANCHO PALOS
VERDES
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101
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Agenda Item No.: 8.I
Mtg. Date: 06/26/2023
TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM:ROBERT SAMARIO, FINANCE DIRECTOR
THRU:DAVID H. READY
SUBJECT:ADOPT RESOLUTION NO. 1338 SETTING THE RATE FOR REFUSE
SERVICES IN THE CITY AT $1,432.11 PER PARCEL AND FINDING THE
SAME EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT
DATE:June 26, 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 of 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
105
to allow for City residents to comment and for Council to consider any all protests received by
4:30 p.m. on June 12.
DISCUSSION:
On June 12, 2023, the City held a duly notice hearing pursuant to Section 6(a) of Article XIII D
of the California Constitution (Proposition 218) regarding the increasing of the maximum
refuse rates in the City. A final request was made for written protests during the hearing. The
City Clerk reported the total written protests received as eight (8.) The protests did not reach
the majority threshold necessary of 376. The City Council approved a motion setting the
ceiling using the rate in Resolution no. 1337 at $1432.11 per parcel and setting the rate per
parcel at that same amount thereby discontinuing the subsidy.
FISCAL IMPACT:
By setting the maximum refuse waste rate to be charged at $1,432.11 per parcel, the City
Council has erased the approximately $227,000 subsidy in fiscal year 2023/24.
RECOMMENDATION:
Approve as presented.
ATTACHMENTS:
ResolutionNo1338_ActualRateForRefuseServices_2023.pdf
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RESOLUTION NO. 1338
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ROLLING HILLS CALIFORNIA, SETTING
THE RATE FOR REFUSE SERVICES IN THE CITY
AT $1,432.11 PER PARCEL AND FINDING THE
SAME EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
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. On June 12, 2023, the City held a duly notice hearing pursuant to
Section 6(a) of Article XIII D of the California Constitution (Proposition 218)
regarding the increasing of the maximum refuse rates in the City.
C. The City did not receive a majority protest at the Proposition 218
hearing and adopted the maximum allowable rate to be charged at $1,432.11 per
parcel and determined that the actual rate should be set at the maximum
allowable rate.
Section 2. The City Council of the City of Rolling Hills hereby sets the
sate for refuse services in the City to the amount of $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.
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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 26th day of June, 2023.
______________________________
PAT WILSON
MAYOR
ATTEST:
______________________________
CHRISTIAN HORVATH
CITY CLERK
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Agenda Item No.: 8.J
Mtg. Date: 06/26/2023
TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM:ELAINE JENG,
THRU:DAVID H. READY
SUBJECT:RECEIVE AND FILE CAPITAL IMPROVEMENT PROJECT
ASSIGNMENTS FOR FISCAL YEAR 2023-2024
DATE:June 26, 2023
BACKGROUND:
None.
DISCUSSION:
To assist the City Council and the community's understanding of the current capital
improvement projects, this report provides a list of in progress, and pending projects and the
staff assigned to delivery of the projects.
1. Crest Road East Utility Undergrounding grant project - City Clerk/Executive Assistant to
CM
2. Eastfield Drive Utility Undergrounding grant project - Project Manager APC
3. CalOES/FEMA Vegetation Management grant project - Project Manager APC
4. Solar plus battery backup power for the City Hall campus - Energy Company SitelogIQ
5. The Outdoor Siren System project - Project Manager APC
6. Tennis Courts ADA Improvement project - Project Manager APC
7. City Hall ADA Improvement project - Project Manager APC
8. 8" Sewer Main Along Portuguese Bend Road/Rolling Hills Road - Project Manager AP
There are three smaller scale projects.
The little library requested by resident Judith Haenel - Assistant Planner Stephanie
Grant
Increase dirt ground (DG) on the areas between City Hall, and the Rolling Hills
Community Association Building for seniors attending dinner on the green events.
Assistant Planner Stephanie Grant
The three rail fence along Portuguese Bend Road, near the Main Gate - City
Clerk/EATCM
Speed limit signs along major streets in the community - Planning and Community
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Services Director
FISCAL IMPACT:
The projects assigned to Project Manager Alan Palermo Consulting (APC) is pending approval
by the City Council under a separate item on the June 26, 2023 City Council agenda. If
approved, the projects assigned to APC would be billed on an hourly basis depending on
project needs. If APC's contract for Fiscal Year 2023-2024 is not approved, staff will have to
revisit the project assignments and adjust accordingly.
RECOMMENDATION:
Receive and file.
ATTACHMENTS:
110
Agenda Item No.: 8.K
Mtg. Date: 06/26/2023
TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM:ELAINE JENG,
THRU:DAVID H. READY
SUBJECT:APPROVE CONTINUING WITH ALAN PALERMO CONSULTING FOR
PROJECT MANAGEMENT SERVICES DURING FISCAL YEAR 2023-
2024 AND DIRECT STAFF TO PREPARE A FOURTH AMENDMENT TO
THE PROFESSIONAL SERVICES AGREEMENT
DATE:June 26, 2023
BACKGROUND:
In July 2019, the City Council engaged the services of Alan Palermo Consulting (APC) to
manage the City's capital improvement projects for Fiscal Year 2019-2020 for four projects:
construction of tennis courts ADA improvements, City Hall ADA improvements, sewer
feasibility study phase II, and 2019/2020 annual signage and striping project.
The 2019/2020 annual signage and striping project was completed in April 2020. The sewer
feasibility study phase II was completed in May 2020. APC assisted in preparing a design
Request for Proposal for the 8" sewer main along Rolling Hills and the City Council engaged
NV5 for the engineering design of the 8" line on August 24, 2020.
In September 2020, the City Council amended APC's contract to include additional budget for
managing additional projects. The capital improvement projects for Fiscal Year 2020-2021
comprised of the design of the City Hall ADA improvements, the design of the 8" sewer main
along Rolling Hills, Block Captain Program communications project, Proposition 68 Per Capita
Program allocation, the Crest Road East Utility Undergrounding grant project and a small
budget for coordinating with the Rolling Hills Community Association on tennis courts ADA
improvements.
In September 2022, the City Council approved the 3rd Amendment to APC's contract for the
above-mentioned programs as well as ongoing and/or unanticipated project support.
Over the past year Alan has continued to perform as an invaluable partner supporting and/or
coordinating with staff on a variety of projects including Bid / RFP preparation and project
management for the HVAC, Standby Generator and Equestrian Fence projects, the Tennis
Court ADA project, the City Hall ADA project, the 8" Sewer Main project and the Crest Road
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Rule 20C Civil Engineering project.
DISCUSSION:
To meet project management needs for Fiscal Year 2023-2024, APC was asked to provide a
proposal for services for the following projects:
1. City Hall ADA Improvements
2. Tennis Court ADA Improvements
3. 8-inch Sewer Main along Portuguese Bend Road
4. City Hall Emergency Power Project (Solar)
5. Support City Staff for the Crest Road East / Eastfield Utility Undergrounding Projects and
Vegetation Management Grant Projects
6. Miscellaneous Professional Services to support City Projects
APC's proposed cost for services in Fiscal Year 2023-2024 is $56,100. Staff recommends an
amended agreement with APC for Fiscal Year 2023-2024 based on APC's proposal dated
June 20, 2023.
FISCAL IMPACT:
The approved budget for FY 2023-2024 includes $35,000 for project management services
assuming no staff vacancies. Certain projects, such as the CalOES/FEMA Vegetation
Management grant project, and the Outdoor Siren Project were managed by the City
Manager. In light of the pending departure of the City Manager in early July 2023, APC's
scope of work was increased resulting a fee of $56,100. This is $21,100 above the budgeted
amount. If the fourth amendment to APC's professional services agreement is approved by
the City Council, the additional $21,100 would be funded using General Fund Reserve.
RECOMMENDATION:
Approve as presented.
ATTACHMENTS:
CA_AGR_APC_Amend4_2023-2024 City of Rolling Hills RH004R1.pdf
112
Alan Palermo Consulting
2412 Prospect Ave, Hermosa Beach, California 90254 / (310) 717-3244
June 20, 2023 2023-RH004
Ms. Elaine Jeng
City Manager
City of Rolling Hills
No. 2 Portuguese Bend Road
Rolling Hills, CA 90274
Re: Professional Services – Project Management Services/Consulting Agreement for
CIP and Special Projects
Dear Mr. Jeng:
Thank you for the opportunity to be of continued service to the City of Rolling Hills. Pursuant to
our discussion and information provided by the City, Professional and Project Management
services will be provided as directed by the City of Rolling Hills for the following projects for
the period 8/1/23 through 6/30/24:
1) Project Management for the Design of City Hall ADA Improvements per the City’s
Transition Plan:
a) Continued oversight and coordinate completion of Construction Documents for the City
Hall ADA Improvements with the City’s selected Consultant (Pacific Architecture).
Provide assistance with internal functions relevant to the project including drafting of
staff reports.
b) Upon completion of City Hall ADA Improvement Construction Documents, prepare Bid
Documents to solicit construction bids for the ADA Improvements. manage bid process
and preparation of Construction Contract with selected contractor. (Note: Construction
not expected to begin until 202?-202? Fiscal Year)
c) Prepare Request for Proposal (RFP) to solicit Construction Management firm to oversee
the construction phase for the project.
d) Project Management during Construction in the 2023-2024 fiscal year.
2) Project Management / or Support City Staff For Outdoor Siren Project:
a) Provide support to City staff for the undergrounding projects and vegetation management
projects
3) Project Management for the Tennis Court ADA Improvements:
a) Continued oversight and completion of Construction Documents for the Tennis Court
ADA Improvements
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Alan Palermo Consulting
b) Provide assistance with internal functions relevant to the project including drafting of
staff reports.
c) Serve as the liaison and extension of City Staff to the Rolling Hills Community
Association to achieve a set of coordinated design plans including phasing plan for
construction activities as needed.
d) Upon completion of Tennis Court ADA Improvement Construction Documents, prepare
Bid Documents to solicit construction bids for the Tennis Court ADA Improvements.
Manage bid process and preparation of Construction Contract with selected contractor.
e) Prepare Request for Proposal (RFP) to solicit Construction Management firm to oversee
the construction phase for the project.
f) Project Management during Construction in the 2023-2024 fiscal year.
4) Project Management for the Design of the 8-inch sewer main along Portuguese Bend
Road:
a) Continued oversight of design consultant to finalize improvement plans for Phase 1
(Rolling Hills to Rolling Hills Estate) and Phase II (City of Torrance), serve was the
city’s representative with outside agencies relevant to the project, review design plans,
conduct outreach meetings with the community as needed/requested, and provide
assistance with internal functions relevant to the project including drafting of staff
reports.
b) Upon completion of Sewer Improvement Plan Construction Documents, Finalize Bid
Documents to solicit construction bids for the Sewer Improvements, manage bid process
and preparation of Construction Contract with selected contractor.
c) Prepare RFP and evaluate proposals for Construction Management/Inspection of
Improvements
d) Project Management during Construction Phase in the 2023-2024 fiscal year.
5) Support City Staff for the Crest Road East / Eastfield Utility Undergrounding Projects
and Vegetation Management Project :
a) Provide support to City staff for the undergrounding projects and vegetation management
projects
6) Miscellaneous Professional Services to support City Projects:
a) Provide Professional Services when requested by the City to:
i) Prepare RFP’s / Bid Document assistance for other City projects when requested
ii) Manage/provide assistance for additional City projects upon request of the City
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Alan Palermo Consulting
Services will be provided at the specified hourly rate of One hundred sixty-five ($165) dollars
per hour. Services are estimated at the schedule listed below for the time periods listed.
Item No. Project Description Time Period Total Hours Total Fee
1 Project Management for the Design of
City Hall ADA Improvements per the
City’s Transition Plan 8/1/2023 - 6/30/2024 80 $ 13,200
2 Project Management for Outdoor Siren
Project 8/1/2023 - 6/30/2024 40 $ 6,600
3 Project Management for the Tennis
Court ADA Improvements 8/1/2023 - 6/30/2024 80 $ 13,200
4
Project Management for the Design of
the 8-inch sewer main along Portuguese
Bend Road/Rolling Hills Road 8/1/2023 - 6/30/2024 60 $ 9,900
5
Support City Staff for the Crest Road
East / Eastfield Utility Undergrounding
Projects and Vegetation Management
Project
8/1/2023 - 6/30/2024 40 $ 6,600
6 Professional Services / Assistance 8/1/2023 - 6/30/2024 40 $ 6,600
Total Hours 340
Total Fee $ - $ 56,100
In that regard, please find enclosed our Standard Provisions of Agreement for your review.
Should you have any questions, please do not hesitate to call me at (310) 717-3244.
Sincerely,
Alan Palermo Consulting
Alan M. Palermo
Alan Palermo, P.E.
Principal/Owner
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Alan Palermo Consulting
STANDARD PROVISIONS OF AGREEMENT
BETWEEN CLIENT AND ALAN PALERMO CONSULTING
Client and Consultant agree the following provisions are part of their Agreement:
1. Consultant Responsibilities: Consultant shall perform its services in accordance with
generally accepted standards of professional practice in Southern California in effect at the time
of performance. Consultant makes no warranty, either express or implied, as to its findings,
recommendations, plans, specifications, surveys, or professional advice. Consultant’s services
will be performed for the benefit of Client and not for any third-party beneficiary. Consultant is
an independent contractor and not an employee of Client.
2. Insurance: Consultant shall obtain and maintain in full force, at its own expense, liability
insurance coverage as required by the client and agreed to by Alan Palermo Consulting.
3. Indemnification: Each party shall hold harmless and indemnify the other party from and
against liability arising from the indemnifying party’s negligent acts, errors, or omissions. If
other parties are liable in addition to the indemnifying party, the indemnifying party shall pay
only an amount proportional to its degree of culpability.
4. Documents: All of Consultant’s work product and other documents prepared under this
Agreement are instruments of service. Consultant grants ownership to Client of its documents
prepared under this Agreement, provided Client has paid Consultant all amounts to which the
Consultant is entitled. Consultant shall not be liable for the use of its plans, specifications,
surveys, and other documents on a project other than that for which they were prepared.
5. Exclusions from Service: Consultant is not responsible for the detection, presence, handling,
removal, abatement, or disposal of asbestos or hazardous or toxic substances, products or
materials. The Consultant is not responsible for the construction means, methods, techniques,
sequences or procedures, or for safety precautions and programs, since these are solely the
construction contractor’s rights and responsibilities. If Consultant is requested to review anything
from a construction contractor or supplier, the review is for the limited purpose of checking for
conformance with information given and the design concept expressed in the construction
documents, and not for the purpose of determining accuracy or completeness or safety
precautions, all of which remain the construction contractor’s responsibility. Consultant does not
perform geotechnical services and is not responsible for soils or geological conditions.
6. Cost Estimates: Since the Consultant has no control over the cost of labor, materials or
equipment, over the construction contractor’s methods of determining bid prices, or over
competitive bidding, market or negotiating conditions, the Consultant cannot and does not
warrant or represent that bids will not vary from any estimates of construction cost.
7. Delays: Consultant is not responsible for delay caused by activities or factors beyond
Consultant’s reasonable control, including but not limited to strikes, lockouts, work slowdowns
or stoppages, accidents, acts of God, failure of Client to furnish timely information or promptly
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Alan Palermo Consulting
approve or disapprove of Consultant’s services or instruments of service, or faulty performance
or delay by Client, contractors, or government agencies.
8. Suspension of Services: Client may suspend the Consultant’s performance of services by
written notice to Consultant, provided Client pays Consultant for all services performed prior to
the effective date of suspension. Consultant may suspend its services if Client fails to pay
undisputed amounts of Consultant’s invoices within sixty days of receipt of invoice or if Client
files or has filed against it a petition under the Bankruptcy Code. The Client and Consultant will
re-negotiate the fee if the period of suspension exceeds ninety days.
9. Termination of Services: Client may terminate this Agreement by written notice to
Consultant, provided Client pays Consultant for all services performed prior to the effective date
of termination. Consultant may terminate this Agreement upon ten days notice of breach by
Client, including nonpayment of undisputed fees, provided Client does not cure such breach
within ten days of notice of breach. Client shall pay Consultant for all services performed prior
to the effective date of termination.
10. Assignment: Neither party may assign this Agreement without the prior written consent of
the other.
11. Services: Professional Services shall be provided at the hourly rate stipulated in this
agreement unless Client and Consultant enter into a project specific agreement.
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Alan Palermo Consulting
SCHEDULE OF BILLING RATES
Effective January 1, 2022
Principal/Owner $165.00/Hour
Note 1: Hourly rate includes Consultants mileage to perform services on behalf of the Client.
Note 2: Reimbursable Expenses: Client shall pay the cost of any applicable reimbursable expenses, plus 15%,
incurred on Client's behalf. If requested, Alan Palermo Consulting will provide a computer printout, which details
these costs.
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Agenda Item No.: 8.L
Mtg. Date: 06/26/2023
TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM:CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO
CITY MANAGER
THRU:DAVID H. READY
SUBJECT:RECEIVE AND FILE AN EMAIL FROM GREG AND ADRIANA
POPOVICH REGARDING THE PROFESSIONALISM OF EC
CONSTRUCTION DURING THE MIDDLERIDGE LANE DRAINAGE
SYSTEM CONSTRUCTION PROJECTS
DATE:June 26, 2023
BACKGROUND:
EC Construction was contracted multiple times by the City of Rolling Hills between January
2022 and May 2023 for emergency construction work on the Middleridge Lane North and
South drainage system. Attached is an email from Greg and Adriana Popovich regarding their
professionalism.
DISCUSSION:
None.
FISCAL IMPACT:
none.
RECOMMENDATION:
Receive and file.
ATTACHMENTS:
CL_AGN_230626_CC_PopovichEmail_ECC_Redacted.pdf
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Agenda Item No.: 11.A
Mtg. Date: 06/26/2023
TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM:ROBERT SAMARIO, FINANCE DIRECTOR
THRU:DAVID H. READY
SUBJECT:PUBLIC HEARING AND CONSIDERATION OF RESOLUTION NO. 1339
ADOPTING THE FISCAL YEAR 2023/2024 BUDGET AND RESOLUTION
NO. 1340 ESTABLISHING THE ANNUAL APPROPRIATIONS LIMIT FOR
THE CITY OF ROLLING HILLS
DATE:June 26, 2023
BACKGROUND:
Over the last several months, City staff and Council have worked on developing the proposed
budget for the upcoming fiscal year 2023/24. This process ended on June 12, 2023 with the
finalization of the revenue estimates and budgeted expenditures.
The budget is now set for adoption through a budget resolution that establishes the spending
authority for each department and fund.
In addition to the budget resolution, Council will also be adopting a resolution that establishes
the City's appropriation limit as required by Article XIII B of the Constitution of the State of
California. The appropriations limit establishes a limit on the amount the City can collect and
spend from the proceeds of local taxes. The limit for fiscal year 2023/24 is $2,071,884 and the
City is well below the limit at $1,587,844.
The City is holding a public hearing to allow the public to weigh in the proposed budget prior to
adoption.
DISCUSSION:
The City's budget consists many different funds that account for a variety of services,
programs and projects. The General Fund is the City's main operating fund where most of the
City's services provided to the City's residents are accounted for. As with most city General
Funds, the primary revenues are derived from local and state taxes. The City also has several
special revenue funds to account for revenues that are restricted as to their use; a capital
projects fund to account for large capital improvement projects that often take more than one
year to complete; and Refuse enterprise fund that accounts for waste collection and disposal
services provided by contract to City residents and paid for from annual assessments to each
122
property. Each of these funds are described in more detail below.
GENERAL FUND
The General Fund budget includes a total of $2,555,457 in ongoing operating expenditures,
funded from $2,762,294 in revenues, leaving an operating surplus of $206,837. The lone
capital project is for a solar/battery back-up project for the City Hall building budgeted at
$250,000, which after using the budget surplus will require $43,163 from available reserves to
cover the balance of costs.
The General Fund accounts for the ongoing and traditional services associated with local
government, including public safety, planning, building, finance, and administration.
RESTRICTED FUNDS
Transit/Transportation Funds
The City receives revenues, primarily from the County, that are restricted for specific
purposes. These include the allocation of special sales tax measures approved by Los
Angeles County voters over the last several decades that are restricted to transit and
transportation programs and projects. The measures include Proposition A, Proposition C,
Measure R, and Measure M. In total, the City anticipates receiving $166,050 next fiscal year.
Since the City of Rolling Hills does not own and operate transit system and, in fact, has no
transit service provided within the City limits, nor does the City own and maintain any public
roads, the funds received pursuant to the four tax measures are either gifted to other agencies
or exchanged for unrestricted monies with other agencies that can utilize the funds in
accordance with their intended uses. Revenues estimates for fiscal year 2023-24 assume a
growth of approximately 3% from the current year projections.
COPS Fund
The City also maintains a COPs Fund for monies received from the County’s Supplemental
Law Enforcement Services Fund, created in 2009 through an increase statewide to vehicle
license fees. The revenues can only be used for supplemental law enforcement services and
not to supplant existing funding from the General Fund for law enforcement. The revenues
estimated for next fiscal year of $165,000 is in line with current year revenues.
Measure W Fund
The City receives an allocation of the countywide special parcel tax pursuant to the Measure
W (Safe, Clean Water Act) for parcels located within the Los Angeles County Flood Control
District. These revenues are intended for storm water recycling and water quality improvement
projects and programs. The City receives a single payment each year for the full annual
allocation. The estimated allocation for fiscal year 2023/24 is $105,500.
CAPITAL PROJECTS FUND
The only capital project being funded for fiscal year 2023/24 is to install solar panels on City
Hall and battery back-up system to ensure the City can maintain operations in the case of a
systemic power outage. In cases of emergencies, such as a wildfire, it is important for City
123
Hall to be available during emergencies to be able to coordinate emergency operations and
services. The project is currently estimated at $250,000.
ENTERPRISE FUND
Refuse Fund
The Refuse Fund is the City’s only enterprise fund. Enterprise funds are typically used to
account for utilities owned and operated by governments, such as water, wastewater,
electricity, and refuse, and other operations that are similar to those provided by the private
sector, such as airports and golf courses.
The Refuse Fund accounts for the contracted waste collection and disposal for all City of
Rolling Hills residents. The fees charged to City residents are processed as a “Direct
Assessment” through the County Assessor ’s Office, which means the annual assessment is
added to the property tax bill sent to property owners by the County and is payable in two
installments. Thus, the payments the City receives from the County for refuse services
coincide with the payments we receive for regular property taxes.
For the first time since fiscal year 2016, the City has raised refuse rates sufficient to fully cover
the cost of refuse services provided by contract to City residents. Starting in fiscal year
2023/24, the annual assessment will increase from $1,100 to $1,432.11 per parcel. This will
generate slightly more than $1 million and will not require any General Fund contribution to
cover the cost of refuse services.
FISCAL IMPACT:
The adopted budget sets forth the spending plan for the City.
RECOMMENDATION:
Staff recommends the City Council hold a public hearing and, following the close of the
hearing, adopt the budget and appropriations limit resolutions.
ATTACHMENTS:
CL_AGN_230626_CC_GeneralFund_BudgetSources_UsesOfFunds.pdf
CL_AGN_230626_CC_FY2023-24_GeneralFundRevenues.pdf
CL_AGN_230626_CC_FY2023-24_GeneralFund_BudgetedExpenditures.pdf
CL_AGN_230626_CC_FY2023-24_ProposedBudget_OtherFunds.pdf
ResolutionNo1339_FY2023-24_AdoptedBudget.pdf
ResolutionNo1340_FY 23-24_AppropLimit.pdf
124
Adopted
Budget
Operating Revenues 2,762,294$
Operating Expenditures 2,555,457
Operating Surplus (Deficit)206,837
Capital Transfers (250,000)
Budgeted Use of Reserves (43,163)$
CITY OF ROLLINGS HILLS
Sources and Uses of Funds
General Fund
125
Property Taxes 1,496,250$
Sales Taxes 13,905
Property Transfer Tax 56,222
Other Taxes 1,000
Motor Vehicle In Lieu 269,267
Building & Other Permits 600,000
C&D Permits 5,600
Variance, Planning & Zoning 67,000
Animal Control Fees 150
Franchise Fees 13,000
Fines & Traffic Violations 3,500
Cost Recoivery - Publications 7,200
RHCA Lease Revenue 69,000
Public Safety Aug Fund 1,200
Interest on Investments 110,000
PARS Earnings 20,000
Miscellaneous Revenue 5,000
Transfers In - Refuse Fund 24,000
TOTALS 2,762,294$
CITY OF ROLLING HILLS
General Fund
Fiscal Year 2023/24 Adopted Revenues
126
Adopted
Budget
01 - CITY ADMINISTRATOR
702 Salaries -Full Time 505,294$
705 Temporary Salaries 7,000
710 Retirement CalPERS-Employer 46,935
712 CalPERS Unfunded Liability -
715 Workers Compensation Insurance 9,100
716 Group Insurance 72,907
717 Retiree Medical 37,500
718 Employer Payroll Taxes 39,401
719 Deferred Compensation 4,718
720 Auto Allowance 4,800
721 Phone Allowance 2,520
740 Office Supplies 13,000
745 Equipment Leasing Costs 11,000
750 Dues & Subscriptions 14,240
755 Conference Expense 1,873
757 Meetings Expense 2,000
759 Training & Education 5,000
761 Auto Mileage 500
765 Postage 21,000
775 City Council Expense 5,000
776 Miscellaneous Expenses 4,750
780 Comm./Newsletters & Outreach 5,000
785 Codification 3,000
CITY OF ROLLING HILLS
FY 2023/24 Expenditure Budget
Final Adopted Budget
Department/Object Account
1 Page: 1127
Adopted
Budget
CITY OF ROLLING HILLS
FY 2023/24 Expenditure Budget
Final Adopted Budget
Department/Object Account
790 Advertising 2,400
795 Other Gen Admin Expense 2,500
801 City Attorney 90,000
802 Legal Expense - Other 3,000
820 Website 6,000
850 Election Expense City Council -
890 Consulting Fees 35,000
891 Records Management 1,700
Total City Administrator 957,138
05 - Finance
750 Dues & Subscriptions 3,000
810 Annual Audit 31,400
890 Consulting Fees 120,000
Total Finance 154,400
15- PLANNING & DEVELOPMENT
702 Salaries 212,515
703 Salaries - Part-Time 27,610
710 Retirement CalPERS-Employer 16,750
715 Workers Comp. Insurance 3,900
716 Group Insurance 42,669
718 Employer Payroll Taxes 18,527
719 Deferred Comp 865
2 Page: 2128
Adopted
Budget
CITY OF ROLLING HILLS
FY 2023/24 Expenditure Budget
Final Adopted Budget
Department/Object Account
720 Auto Allowance 1,200
721 Phone Allowance 600
761 Auto Mileage 300
750 Dues & Subscription 5,500
755 Conference Expense 385
759 Training & Education 1,000
790 Publication/Advertising/Noticing 15,000
802 Legal Expenses-Other 10,000
872 Property Development-Legal Exp 50,000
875 Willdan Building 30,000
878 Build Inspect. LA County 250,000
881 Storm Water Management 84,100
884 Special Project Study & Consult.20,000
886 Code Enforcement 62,880
890 Consulting Fees (Onward)-
928 Traffic Engineering 5,000
Total Planning & Development 858,801
25 - Public Safety
830 Law Enforcement 255,000
833 Other Law Enforcement Exp 4,000
837 Wild Life Mgmt & Pest Control 6,000
838 Animal Control Expense 5,000
Total Public Safety 270,000
3 Page: 3129
Adopted
Budget
CITY OF ROLLING HILLS
FY 2023/24 Expenditure Budget
Final Adopted Budget
Department/Object Account
65 - NON-DEPARTMENTAL
895 Insurance & Bond Expense 37,018
901 South Bay Comm. Organization 10,000
915 Community Recognition 10,000
917 Emergency Preparedness 77,000
Total Non-Departmental 134,018
75 - CITY PROPERTIES
892 IT Services 61,200
893 Granicus Services 8,300
894 Computer Hardware Fund 5,000
925 Utilities 60,000
930 Repairs & Maintenance 16,000
932 Area Landscaping 15,600
946 Buildings & Equipment 15,000
Total City Properties 181,100
TOTALS BEFORE TRANSFERS 2,555,457
OPERATING TRANSFERS OUT
999 Capital Impr Fund (Fund 40)250,000
Total Transfers Out 250,000
GENERAL FUND TOTAL 2,805,457$
4 Page: 4130
Adopted
Budget
10 - COPS FUND
Revenues
570 COPS Allocation 165,000$
Expenditures
840 COPS Program Expenditures 165,000
Revenues Over (Under) Expenditures -$
25 - PROPOSITION A FUND
Revenues
500 Grant Revenues 52,000$
670 Interest Earned 300
Total Revenues 52,300
Expenditures
620 Prop A Exchange -
Revenues Over (Under) Expenditures 52,300$
26 - PROPOSITION C
Revenues
501 Grant Revenue-Prop C 43,000$
670 Interest Earned 250
Total Revenues 43,250
Expenditures
906 Prop C Gifted -
Revenues Over (Under) Expenditures 43,250$
27- MEASURE R TRANSIT
Revenues
502 Measure R Grant Revenues 33,000$
670 Interest Earned 250
Total Revenues 33,250
Expenditures
907 Measure R Gifted -
Revenues Over (Under) Expenditures 33,250$
CITY OF ROLLING HILLS
Fiscal Year 2023/24 Final Budget
Restricted, Capital, and Refuse Funds
1 131
Adopted
Budget
29 - MEASURE M
Revenues
507 Measure M Local Return 37,000$
670 Interest Earned 250
Total Revenues 37,250
Expenditures
XXX Measure M Gifted -
Revenues Over (Under) Expenditures 37,250$
30 - MEASURE W
Revenues
508 Grant Revenues 105,000$
670 Interest Earned 500
Total Revenues 105,500
Expenditures
913 Storm Water Management - 30%31,650
914 Storm Water Management - 70%73,850
105,500
Revenues Over (Under) Expenditures -$
40 - CAPITAL PROJECTS FUND
Revenues
Transfers from General Fund 250,000$
250,000
Expenditures
899 Outdoor Siren System - Design & Constr -
935 Tennis Court Improvenments -
947 Non-Building Improvements -
949 Battery/Solar Back-Up 250,000
961 Middleridge Road Emergency Storm Drain Repairs -
962 Phase 1 Bifurcated 8" Sewer Main Engineering -
963 Generator & Waterproof Removal and Electrical Svcs -
964 HVAC Replacement Project -
Total Expenditures 250,000
Revenues Over (Under) Expenditures -$
2 132
Adopted
Budget
50 - REFUSE FUND
Revenues
441 Construction & Demo Permits -$
665 Service Charges 1,005,336
699 Transfers In - General Fund -
Total Revenues 1,005,336
Expenditures
815 Refuse Service Contract 981,336
790 Advertising -
999 Transfers Out 24,000
Total Expenditures 1,005,336
Revenues Over (Under) Expenditures -$
3 133
Resolution No. 1339 -1-
RESOLUTION NO. 1339
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ROLLING HILLS ADOPTING THE FISCAL
YEAR 2023-24 CITY OF ROLLING HILLS BUDGET
RECITALS
A. Members of the Rolling Hills City Council opened a public hearing on Monday,
June 27, 2022 to consider the recommended Fiscal Year 2023-24 City of Rolling Hills Proposed
Budget; and
B. Following the public hearing on the Fiscal Year 2023-24 City of Rolling Hills
Proposed Budget, members of the Rolling Hills City Council desire to adopt said document.
NOW, THEREFORE, BE IT RESOLVED BY MEMBERS OF THE ROLLING HILLS CITY
COUNCIL AS FOLLOWS:
Section 1. Members of the City Council hereby adopt the Fiscal Year 2023-24 City of
Rolling Hills Budget, attached hereto as Exhibit A and incorporated herein by reference.
Section 2. Appropriations in the amount not to exceed $2,805,457 (budget and budget
contingency) are authorized in the Fiscal Year 2023-24 General Fund Budget for the purpose of
carrying on the business of the City for general government, public safety, public service, and
other items.
Section 3. Appropriations in the amount not to exceed $1,525,836 are authorized in
the various funds for carrying on the business of the City: COPs Fund, Proposition A Fund,
Proposition C Fund, Measure R Fund, Measure M Fund, Measure W Fund, Capital Project Fund,
and Refuse Fund.
Section 4. The City Manager may transfer appropriations between and among all
departments, as defined in the Fiscal Year 2023-24 budget in order to ensure revenue and
expenditures correspond to the intent of the City Council. The legal level of appropriated
budgetary control, that is the level at which expenditures may not exceed appropriations, is at
the department level for the General Fund and at the fund level for all other funds. Supplemental
appropriations during the year must be approved by the City Council. All unexpended budgetary
appropriations lapse at the end of the fiscal year.
Section 5. The Mayor is hereby directed to sign this Resolution, and the City Clerk is
directed to attest thereto.
PASSED, APPROVED AND ADOPTED this 26th day of June, 2023.
134
Resolution No. 1339 -2-
____________________________________
Patrick Wilson
Mayor
ATTEST:
____________________________________
Christian Horvath
City Clerk
135
Resolution No. 1339 -3-
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF ROLLING HILLS )
The foregoing Resolution No. 1339 entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROLLING HILLS ADOPTING THE FY 2023-24 CITY OF ROLLING
HILLS BUDGET
was approved and adopted at a regular meeting of the City Council on the 26th day of June,
2023, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________
CHRISTIAN HORVATH
CITY CLERK
136
Resolution No. 1339 -4-
EXHIBIT A
01 - General Fund
City Administrator 957,138$
Finance Department 154,400
Planning & Development Department 858,801
Public Safety 270,000
Non-Departmental 134,018
City Properties 181,100
Transfers Out 250,000
Total General Fund 2,805,457$
Other Funds
10 - COPs Fund 165,000$
25 - Proposition A Fund -
26 - Proposition C Fund -
27 - Measure R Fund -
29 - Measure M Fund -
30 - Measure W Fund 105,500
40 - Capital Projects Fund 250,000
50 - Refuse Fund 1,005,336
Total Other Funds 1,525,836$
CITY OF ROLLING HILLS
Fiscal Year 2023-24 Adopted Budget
137
Resolution No. 1340 -1-
RESOLUTION NO. 1340
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROLLING HILLS ESTABLISHING THE 2023-24 FISCAL
YEAR GANN APPROPRIATION LIMIT FOR THE CITY OF
ROLLING HILLS.
WHEREAS, the City of Rolling Hills has heretofore established its Base Year
Appropriations Limit as $256,941; and
WHEREAS, to the best of this City's knowledge and belief, the State Department of
Finance figures reflect the following statistics relevant to the calculation of the 2023-24 Fiscal
Year Appropriations Limit:
California per capita personal income, 4.44% (four point four four percent).
Population Adjustments for County of Los Angeles for FY 2023-24, -0.75%
(negative zero point seven five percent).
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
Section 1. Based on the foregoing figures and the provision of Article XIII B of the
Constitution of the State of California, the following figure accurately represents the 2023-24
Fiscal Year Appropriation Limit of the City of Rolling Hills: $2,071,884
Section 2. The City Clerk shall certify to the passage of Resolution No. 1340.
PASSED, APPROVED AND ADOPTED this 26th day of June, 2023.
____________________________________
Patrick Wilson
Mayor
ATTEST:
____________________________________
Christian Horvath
City Clerk
138
Resolution No. 1340 -2-
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF ROLLING HILLS )
The foregoing Resolution No. 1340 entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROLLING HILLS ESTABLISHING THE 2023-24 FISCAL
YEAR GANN APPROPRIATION LIMIT FOR THE CITY OF
ROLLING HILLS.
was approved and adopted at a regular meeting of the City Council on the 26th day of June,
2023, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________
CHRISTIAN HORVATH
CITY CLERK
139
Agenda Item No.: 12.A
Mtg. Date: 06/26/2023
TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM:ALAN PALERMO, PROJECT MANAGER
THRU:DAVID H. READY
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 26, 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
140
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 has submitted a proposal in the amount of $119,645 for this additional effort. 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 if
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 $119,645 will be funded
141
using General Fund Reserves.
RECOMMENDATION:
Approve as presented.
ATTACHMENTS:
CA_AGR_200929_NV5_8inchSewerLineProject_E.pdf
CA_AGR_230213_NV5_8inchSewerLineProject_1stAmendment_NV5_E.pdf
NV5_City of Rolling Hills_Sewer Main Torrance Additions_06.20.2023R.pdf
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163 Technology Drive, Suite 100 | Irvine, CA 92618 | www.NV5.com | Office 949.585.0477
June 20, 2023
City of Rolling Hills
Attn: Alan Palermo
2 Portuguese Bend Road
Rolling Hills, CA 90274
Subject: Rolling Hills Portuguese Bend Sewer Main Improvement Project – Torrance Set of Traffic Control
Plans, Potholing, Updated Sewer Design, Waterline Relocation
Dear Mr. Palermo,
NV5 is currently completing the design for the Rolling Hills Portuguese Bend Sewer Main Improvement
Project for the City of Torrance (City). The project impacts the intersection of Crenshaw Boulevard and
Rolling Hills Road, along with Rolling Hills Road itself on both sides of the street. The City of Torrance has
recently requested an engineered traffic control plan in order for the contractor to install the new sewer.
NV5 will follow the appropriate applicable standards such as City, County, and State Standard Plans and
Specifications, APWA Standard Specifications for Public Works Construction “Greenbook,” and Manual of
Traffic Uniform Control Devices.
It appears due to the alignment of the sewer, the traffic control will have to be phased. For the first phase,
the majority of Rolling Hills Road is a 60-foot travel way with the sewer running near the centerline of the
street. To address this, NV5 will be able to design traffic control to allow the contractor to work in the
center of the roadway with a single lane of traffic on each side of the roadway with “no street parking”
posted. For the second phase, the sewer moves to one side of Rolling Hills Road, so traffic will be
switched to the opposite side of the road, again with a single lane of traffic each way with “no street
parking” posted.
NV5 will prepare traffic control plans for the intersection of Crenshaw Boulevard with Rolling Hills Road
along with Rolling Hills Road within the above three phases. NV5 will prepare a base map for the project
area based on Google Earth images since these required traffic control plans are outside of our original
survey limits. NV5 will assume that the City of Torrance will review the plans and has planned for a
submission to the City of Torrance and a resubmission upon the incorporation of the City’s initial
comments. Gerald Tom, PE, TE, a State of California Registered Traffic Engineer, will supervise the
preparation of the traffic control plans by our CAD Designer, Rafael Gutierrez, who is already familiar with
the project, having previously completed the sewer design drawings for the City of Torrance.
NV5 will work with a subcontractor to perform the potholing. NV5 understands that the subcontractor’s
crew is subject to prevailing wages and NV5 will mark up the subconsultant costs by 15%. The potholing
will include the City of Torrance permits currently listed on the City’s website for $1,561, and traffic
control plans required for permitting which we are assuming $2,500 for, as well as hot patch back of
the pothole locations at an additional $2,500 for the two water lines (8-inch and 6-inch to fire hydrant)
and 72-inch storm drain pothole as shown on the following sketch.
174
June 20, 2023
Page 2 of 3
NV5 will update the design to reflect the pothole information for the potholes on Station 12+43.44 to
Station 10+34.94. We will include updates to the specifications for pipe sleeves as required at crossings.
NV5 assumes two resubmittals to the City of Torrance for review.
We have included an optional scope and fee to design/revise the existing 8-inch and 6-inch waterlines that would allow
for the sewer design. NV5 assumes one sheet each for the 8-inch waterline and the 6- inch waterline with the plan and
profile, plus one standard sheet.
No additional utility investigation will be added, as it is assumed that the prior utility investigation for the
sewer line in the same vicinity will be sufficient for the water lines. NV5 will update the specifications for
the waterlines, including the bid schedule, pipeline material, disinfection and testing process, as well as
AVAR valves at each end. NV5 assumes two submittals to the City of Torrance for review.
The fee to provide these services is as follows on the next page:
175
June 20, 2023
Page 3 of 3
PROJECT
MANAGER
PROJECT
ENGINEER
TRAFFIC
CONTROL
ENGINEER CAD DESIGNER
TASK
NO.
WORK
DESCRIPTION $195 $155 $170 $135 Cedro ODC's
* FEE *
Hours $ Hours $ Hours $ Hours $ Construction
*
1 Prior Torrance Submittals 2 $390 8 $1,240 $0 24 $3,240 $4,870
2 Traffic Control Plans for Final Design
2.1 Preparation of Three Phased Traffic
Control Plans 8 $1,560 16 $2,480 24 $4,080 90 $12,150 $20,270
2.2 1st Submittal Corrections to City of
Torrance & 2nd Submittal 4 $780 8 $1,240 12 $2,040 24 $3,240 $7,300
3 Potholing
3.1 Permits (If Applicable, $1561 Per
2021 Fee Schedule) 4 $780 8 $1,240 $0 $0 $1,795 $3,815
3.2 Up To Three Days Potholing (up to
3 days @ $41,630 sub) $0 24 $3,720 $0 $0 $41,630 $45,350
3.3 Up to Six Hot Patch of 2x2 Potholes
($2500) $0 $0 $0 $0 $2,500 $2,500
3.4 Traffic Control Plans (If Needed Up to
$2500 If Not WATCH) $0 $0 $0 $0 $2,500 $2,500
4 Design Updates from Pothole
Information on Torrance Set
4.1 Update the Torrance Set 4 $780 16 $2,480 $0 24 $3,240 $6,500
4.2 Two Resubmittals to the City of
Torrance 2 $390 6 $930 $0 16 $2,160 $3,480
Subtotal Task 1-4 24 $4,680 62 $13,330 36 $6,120 178 $24,030 $46,630 $1,795 $96,585
5 Optional Scope for Waterline Redesign
5.1 Two Additional Sheets Plus One
Standard Sheet 4 $780 24 $3,720 $0 60 $8,100 $12,600
5.2 Two Resubmittals to the City of
Torrance 2 $390 6 $930 $0 16 $2,160 $3,480
5.3 Update Specifications for Waterlines 2 $390 24 $3,720 $0 $0 $4,110
5.4 Update Cost Estimate for Waterlines 2 $390 16 $2,480 $0 $0 $2,870
Subtotal Task 5 10 $1,950 70 $10,850 0 $0 76 $10,260 $0 $0 $23,060
Subtotal Task 1-5 34 $6,630 132 $24,180 36 $6,120 254 $34,290 $46,630 $1,795 $119,645
Total Fee $119,645
* Subconsultant and ODC's are Marked Up 15%
The method of compensation will be based on time and materials in accordance with the rates provided in
this fee proposal. The estimated hours are listed for each task and the actual hours may vary. The total
compensation for the services and work rendered will not exceed the total fee.
We greatly appreciate your consideration of this matter and we thank you for the opportunity to work with
the City on this project. Should you have any questions or require additional information, please contact
me at 951.377.1566 or via email at Luanne.Bean@NV5.com.
Respectfully submitted,
NV5
Luanne Bean, MS, PE Jeffrey M. Cooper, PE
Director of Water & Waste Water Operations Senior Vice President
PN: P27023‐0003974.00
176
Agenda Item No.: 12.B
Mtg. Date: 06/26/2023
TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM:ALAN PALERMO, PROJECT MANAGER
THRU:DAVID H. READY
SUBJECT:APPROVE TENNIS COURTS ADA IMPROVEMENT PROJECT DESIGN;
AUTHORIZE STAFF TO ADVERTISE FOR CONSTRUCTION BIDS; AND
APPROVE LANDSCAPING DESIGN FOR THE TENNIS COURTS
DATE:June 26, 2023
BACKGROUND:
As reported to City Council at the June 12, 2026 City Council Meeting, city staff and the
Rolling Hills Community Association (RHCA) held a coordination meeting in May 2023. At this
meeting, it was communicated that the City's Tennis Courts ADA Improvement Project would
incorporate the grading and retaining wall to support the RHCA's Cabana
improvement/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. City staff, RHCA, and Bolton Engineering have held
two subsequent coordination meetings on June 6, 2023 and June 14, 2023 to discuss
outstanding items and update all parties.
The RHCA has engaged the 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 to bring the tennis courts into compliance with ADA, these improvements were not
included in that decision.
The next steps in the process include a review of the city's improvement plans by the RHCA
Architectural Committee which was completed on June 13, 2023. The city's improvement
plans were approved by the committee. The remaining outstanding review comment by Los
Angeles County Building and Safety (LACBS) is to provide approval of the improvement plans
from Planning Department and the RHCA. Bolton Engineering resubmitted plans with these
required approvals for a final round of plan check on June 15, 2023. Staff anticipates that the
Tennis Courts Improvement Project will be ready to advertise for construction bids in July
2023.
DISCUSSION:
177
Planning ahead regarding release of the Tennis Court ADA Improvement project for
construction bid, several other projects with RHCA in the lead are being coordinated to ensure
the improvements account for these future projects. These projects include the new Cabana,
revising the landscape, irrigation, and lighting plans, and a retaining wall submittal. The plans
for the new Cabana are scheduled to be submitted to LACBS in early July 2023. Once the
plans for the Cabana are completed for first submittal to LACBS, the RHCA will present to City
Council at a future meeting for feedback. The previously approved landscape, irrigation, and
lighting plans (approved in 2016) for the tennis court facility to support the city ADA
Improvement Plans will be revised to reflect the changes to the site since they were first
approved. Bolton Engineering will be handling the retaining wall submittal to LACBS.
To help facilitate updating the landscape, irrigation, and lighting plans, the City has proposed
to take on the $10,000 fee to update the plans including any calculations necessary to comply
with water efficient landscape requirements to continue progress with improvements to the
tennis courts.
FISCAL IMPACT:
In previous years, the City Council received construction estimates for the project and listed
$300,000 in past Capital Improvement Plans. However, in the adopted budget for Fiscal Year
2022-2023, the City Council did not allocate funds for the project. In the approved budget for
Fiscal Year 2023-2024, the City Council allocate budget to the project.
If the City Council directs staff to advertise the project for construction bids, and approves an
allocation for $10,000 for the landscape, irrigation and lighting plans for the tennis courts, a
total of $310,000 would be needed using General Fund Reserves.
RECOMMENDATION:
Approve as presented.
ATTACHMENTS:
011917 L-1.pdf
2023-06-16 Tennis Court ADA Letter of Approval & Permit.pdf
GR2301100001 Agency Referral.pdf
GR2301100001 ESCP Review Sheet 1.pdf
GR2301100001 Grading Review Sheet 1.pdf
178
PA
ASPH485.3 (EX)
485.4 (EX)
488.6 (EX)
489.5 (EX)
489.7 (EX)
496.7 (EX)
495.0 (EX)
493.5 (EX)
485.2 (EX)
493.2 (EX)
489.1 (EX)
488.7 (EX)
485.2 (EX)500S 66°49'30" E167.95'N 25°29'55" E
333.74'
TENNIS COURT
TENNIS COURT
485.3 (EX)
485.4 (EX)
485.6 (EX)
490.5 (EX)
488.3 (EX)
490.6 (EX)
488.7 (EX)
486.6 (EX)
TENNIS COURT
489.8 (EX)
493.5 (EX)
494.4 (EX)
497.3 (EX)
497.7 (EX)
498.6 (EX)
AC B
E
R
M
CONC CURB
N 25°29'55" E
282.16'
PREVIOUS AERIAL TOPO, NOT FIELD CHECKED
PREVIOUS AERIAL TOPO,
NOT FIELD CHECKED
PORTION OF LOT 25
ROLLING HILLS TRACT
M.B. 201, PGS 29-35
M.B. 201, PGS 29-35
25'SIDEYARDSETBACK50' REARYARD SETBACK 25'SIDEYARDSETBACK25'4
8
5
490495490
485
495
FS488.9
FS488.6
FS485.2
FS486.0
ADA
4%
BS485.4
<1%
FS486.7
ADA
4.8%
ADA
5%
FG485.4
TW488.2
BW487.7
TW488.7
BW487.7
FS491.2
FS490.6
TC493.8
BC493.3
ADA
5%
TS488.9
TS486.5
PA
ADA
5%
ADA
8.33%
FS492.0 486.4
FS486.7
FS487.6
PA
491492493FS492.1 FS491.3
ADA
8.0%
ADA
8.0%
PA
FS489.0 PA
TC493.5
BC493.0
FG492.6
PA
PA
TW491.0
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4
9
0
4
8
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8
8
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TW488.5
PA
DG
ADA
4.8%PAPAPA
PA
PA
4
8
6
FS489.1
FS486.2
486.1486.1
HANDICAP PARKING
AREA
BS486.2TS488.2
FG485.6
TW488.2
DG
5' WHEEL CHAIR
MANEUVERING
SPACE
DG
60"
TS487.2BS487.2
TS491.2
BS490.2
TS490.2
BS489.2
TW486.9
BW485.4
TW489.4
BW488.9
FG485.6
TW491.0
BW489.0
TW489.1
BW488.6
TW489.1
BW487.7
TW488.2
BW487.7
TW489.7
BW488.2
TW487.7
BW486.2
TW491.7
BW489.0
FG487.4
TW492.0
BW489.9
TW489.2
BW488.7
TW490.6
BW488.7
TW490.6
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FS491.5
TW490.5
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TW490.5
BW489.0
TW489.2
BW486.2
TW489.7
BW488.7
TW488.0
BW486.2
TW488.0
BW486.5
TC486.5
TW490.4
BW488.9
BS485.5TW487.6
ADA
5%
FG485.5
PA
TW493.5
FG490.0
TW491.0
BW490.0
PA
PA
PA
PA
PA
5'TW488.0
BW486.0
TW489.7
BW488.7
TS488.2
FS488.7FS491.1
TW494.5
BW491.4
TW491.7
BW491.4PA
TW489.7
BW488.7
TW490.7
BW488.8TW493.0
BW491.6 PA
FG488.0
TW486.9
BW485.4
TW489.4
BW487.9
ADA
8.0%
ADA
8.0%
PA
BS489.0TS491.5
TW488.5
TW490.0
ROLLING HILLS
COMMUNITY
TENNIS COURTS
PROJECT TITLE
SHEET TITLE
CHECKED:
DRAWN BY:
DATE:
REVISIONS
PROJECT NO.
SHEET N0.
XREF FILE:
SCALE:
E-mail: rbadmin@richie-bray.com
2432 Via Amador,
Palos Verdes Estates, CA 90274
FAX : (310) 377-3484
(310) 377-5868
Richie-Bray, Inc.
LANDSCAPE ARCHITECTURE
HARDSCAPE &
MATERIAL PLAN
L-1
8-10-2015
1/8" = 1'-0"
9-23-2015
RELOCATED
GENERATOR
SHUT OFF
RELOCATED
IRRIGATION
CONTROLLER
EX. UTILITY CABINET
ON CONC. BASE
30" MANHOLE
MED ALERT
4" CLEAN-OUT
ADA HANDRAIL
BOTH SIDE OF
RAMPPROPOSED/NEW
WALL & DOOR 5'4'-6"
5'-3"
5'
-
6
"
3'-6"5'-4"12-07-2015
SLOPED WALL
ENTRY TRELLIS
WALL
ADA PARKING
LA COUNTY CODE STANDARD
SEE SHEET LD-2 & LD-3
ADA HANDRAIL
BOTH SIDE OF
RAMP
SIGN BOARD
W/ LIGHTS
6" CURB
12-09-2015
1-05-2016
PROVIDE CONCRETE PAD
W/ ELECTRICAL, GAS AND H2O
1-13-2016
3'-6" RAMP,
COLORED CONC.
5'-4"'W STAIR W/ ADA
LIGHTS TO STAIR WALL
NOTES:
-ADA TO MEET ALL LA COUNTY CODE AND STANDARDS
-SEE ARCHITECT'S PLANS FOR CABANA & TRELLIS, SECURITY
BUILDING ADA RESTROOM ADDITION, STORAGE SHED.
1-21-2016
0 5 15 30 FEET
3-21-2016
5-16-2016
FIREPIT, 4'-2" DIA.
6"H WALL W/
12"W STONE
CAP
12"H WALL W/
12" STONE
CAP
3'-6" RAMP,
COLORED CONC.
RAMP,
COLORED CONC.
5-24-2016
FLAGSTONE
3'-8"7'-1"6'-6"
L-3
A
L-3
B
6-14-2016
26"H COLUMN
W/ CAP & LIGHT
COLORED CONC.
W/ PATTERN
COLUMN W/ STONE VENEER
HEATER
TRELLIS
CABANA ROOF LINE
26"H COLUMN
W/ CAP & LIGHT
4'W RAMP,
COLORED CONC.
18"H WALL W/
12" STONE CAP
FLAGSTONE
STAIR
HANDRAIL
1 PORTUGUESE BEND ROAD
ROLLING HILLS, CA 90274
6-17-2016
FM SUBMITTAL
11-16-2016
EX DRINKING FOUNTAIN
TO BE REMOVED
7-06-2016
STORAGE
18'X10'
STORAGE SHED,
SEE ARCHITECTS
SHEETS
26"H COLUMN
W/ CAP & LIGHT
18"H WALL W/
12"W STONE CAP 3'-2"3'-4"
5'-0"3'-0"3'-0"3'-6"TENNIS COURT
SEATING
EX TENNIS COURTS EX TENNIS COURTS
NATIVE LAWN
AREA
ENTRY
PATIO
6" CURB
11-8-2016
STAIR HANDRAIL
TACK TILE
WARNING
6" CURB BOTH SIDE
6" CURB BOTHSIDE REMOVE
STONE PLAQUE
WALL 3'-0"3'-8 1/2"13'-9"16'-5"4'-0"11'-8"3'-6"
7'-6"3'-6"3'-6"R25'-1
7
/8"
3'-10"
1
0
'
-
9
1
/
2
"3'-3"4' RAMP
6" CURB
6" GRATE
11-11-2016
STORM DRAIN3' MIN.4'-6"16'-9"4'-7"5'4'-4"
3'-6"2'-6"
1-18-20175'-4"9'-2"
8'-4"
30'
5'
PEA GRAVEL
5'H STUCCO WALL
179
PA
ASPH485.3 (EX)
485.4 (EX)
488.6 (EX)
489.5 (EX)
489.7 (EX)
496.7 (EX)
495.0 (EX)
493.5 (EX)
485.2 (EX)
493.2 (EX)
489.1 (EX)
488.7 (EX)
485.2 (EX)500S 66°49'30" E167.95'N 25°29'55" E
333.74'
TENNIS COURT
TENNIS COURT
485.3 (EX)
485.4 (EX)
485.6 (EX)
490.5 (EX)
488.3 (EX)
490.6 (EX)
488.7 (EX)
486.6 (EX)
TENNIS COURT
489.8 (EX)
493.5 (EX)
494.4 (EX)
497.3 (EX)
497.7 (EX)
498.6 (EX)
AC B
E
R
M
CONC CURB
N 25°29'55" E
282.16'
PREVIOUS AERIAL TOPO, NOT FIELD CHECKED
PREVIOUS AERIAL TOPO,
NOT FIELD CHECKED
PORTION OF LOT 25
ROLLING HILLS TRACT
M.B. 201, PGS 29-35
M.B. 201, PGS 29-35
25'SIDEYARDSETBACK50' REARYARD SETBACK 25'SIDEYARDSETBACK25'4
8
5
490495490
485
495
FS488.9
FS488.6
FS485.2
FS486.0
ADA
4%
BS485.4
<1%
FS486.7
ADA
4.8%
ADA
5%
FG485.4
TW488.2
BW487.7
TW488.7
BW487.7
FS491.2
FS490.6
TC493.8
BC493.3
ADA
5%
TS488.9
TS486.5
PA
ADA
5%
ADA
8.33%
FS492.0 486.4
FS486.7
FS487.6
PA
491492493FS492.1 FS491.3
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ADA
8.0%
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TW491.0
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HANDICAP PARKING
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60"
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ADA
5%
FG485.5
PA
TW493.5
FG490.0
TW491.0
BW490.0
PA
PA
PA
PA
PA
5'TW488.0
BW486.0
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TS488.2
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BW488.7
TW490.7
BW488.8TW493.0
BW491.6 PA
FG488.0
TW486.9
BW485.4
TW489.4
BW487.9
ADA
8.0%
ADA
8.0%
PA
BS489.0TS491.5
TW488.5
TW490.0
ROLLING HILLS
COMMUNITY
TENNIS COURTS
PROJECT TITLE
SHEET TITLE
CHECKED:
DRAWN BY:
DATE:
REVISIONS
PROJECT NO.
SHEET N0.
XREF FILE:
SCALE:
E-mail: rbadmin@richie-bray.com
2432 Via Amador,
Palos Verdes Estates, CA 90274
FAX : (310) 377-3484
(310) 377-5868
Richie-Bray, Inc.
LANDSCAPE ARCHITECTURE
ADA
PATH OF TRAVEL
L-2
1-13-2016
1/8" = 1'-0"
GENERATOR
SHUT OFF
IRRIGATION
CONTROLLER
UTILITY CABINET
ON CONC. BASE
30" MANHOLE
MED ALERT
4" CLEAN-OUT
REMOVE
STONE PLAQUE
PROPOSED/NEW
WALL & DOOR
EX WALL & DOOR 3'5'5'4'-6"
5'-3"
5'
-
6
"
3'-10"
2' WALL
ENTRY TRELLIS
ENTRY
PATIO
WALL
ADA PARKING
LA COUNTY CODE STANDARD
SEE SHEET LD-2 & LD-3
SIGN BOARD6" CURB
1-21-2016
0 5 15 30 FEET
ADA PATH OF TRAVEL
3-21-2016
1 PORTUGUESE BEND ROAD
ROLLING HILLS, CA 90274
6-17-2016
1-18-2017
5'-8"5'-6"4'-0"180
487
488
489
490
491
492
486
485
487
488
489
490
491
492
486
485
484
ROLLING HILLS
COMMUNITY
TENNIS COURTS
PROJECT TITLE
SHEET TITLE
CHECKED:
DRAWN BY:
DATE:
REVISIONS
PROJECT NO.
SHEET N0.
XREF FILE:
SCALE:
E-mail: rbadmin@richie-bray.com
2432 Via Amador,
Palos Verdes Estates, CA 90274
FAX : (310) 377-3484
(310) 377-5868
Richie-Bray, Inc.
LANDSCAPE ARCHITECTURE
SECTIONS
L-3
5-24-2016
1/4" = 1'-0"
EX TENNIS COURT
FENCE
EX SLOPE
SCALE: 1/4" = 1'-0"
A - SECTION
ADA LANDING
SCALE: 1/4" = 1'-0"
B - SECTION
EX TENNIS COURT
FENCE
ADA LANDING
TENNIS COURT
TENNIS COURT
PA
NATIVE LAWN
6-17-2016
1 PORTUGUESE BEND ROAD
ROLLING HILLS, CA 90274
PRELIMINARY
1-18-2017
181
ASPH500S 66°49'30" E167.95'N 25°29'55" E
333.74'
TENNIS COURT
AC B
E
R
M
CONC CURB
N 25°29'55" E
282.16'
LIMIT
S
O
F
FI
E
L
D
S
U
R
V
E
Y LIMITS OF FIELD SURVEYLIMITS OF FIELD SURVEYLIMITS OF FIELD SURVEY
PREVIOUS AERIAL TOPO, NOT FIELD CHECKED
M.B. 201, PGS 29-35
25'SIDEYARDSETBACK50' REARYARD SETBACK 25'SIDEYARDSETBACK25'5' WHEEL CHAIR
MANEUVERING
SPACE
60"5'ACH
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ACH
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ACH
ACH
ACH
ACH
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RHA
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ROS
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ROS
ROS
ROS
ROS
ROS ROS ROS ROS
ROS
ROS
ROS
ROS
ROS
ROS
ROS
ROS
ROS
ROS
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MUH
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SA4
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CIJ
CIJ
CIJ
CIJ
CIJ
CIJ
CIJ CIJ
AGAAGA
AGA
CISCISCISBOU
BOU
BOU
BOU
BOU
BOU
BOU
BOU
BOU
BOU
BOU
BOU
BOU
BOU
BOU
BOU
BOU
BOU
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CIJ
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ACC
OLM
CIS
CIS
AGA
AGA
AGA
HES
SEN
SEN
HES
HES
CIJCIJCIJ
CIJ
CIJ
CIJ
CIJ
AGACIJ
ROS2
ROS2
ROS2
ROS2
ROS2
ROS2
ROS
ROS
ROS
ROS
ROS
ROS
ROS
ROS
ROS2
ROS2
ROS2
ROS2
ROS2
ROS2
CIJ
CIJ
CIJ
CIJ
CIJ
LEO
PEN
PEN
ROS
ROS
ROS
ROS
ROS
ROS
ROS
ROS2
ROS2
ROS2
RHA
RHARHA
RHA
AGA
GAL
GALGAL
GALGAL
GALGAL
GAL
AGA
PRUPRUPRUPRU
AGA
GAL
GAL
GAL
GAL
GAL
GAL
GALGALGALGALGALGALGALGALGALGALGAL
FES
LEY
ROS
ROS
AGA
SEN
SEN
SEN
SEN
AGA
FES
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FES FES
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IRI IRI
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CIJCIJCIJ
ROLLING HILLS
COMMUNITY
TENNIS COURTS
PLANTING PLAN
LP-1
2-17-2016
1/8" = 1'-0"
0 5 15 30 FEET
1 PORTUGUESE BEND ROAD
ROLLING HILLS, CA 90274
ASSESSOR'S ID NO.: 7569-015-900
6-21-2016
2-17-2016
7-6-2016
11-11-2016
EX PLANTS,
CLEANUP
CLEAN UP EX.
SHRUBS
PRUNE EX. OLEANDER
NATIVE
GRASS
DYMONDIA
NATIVE
GRASS
NATIVE
GRASS
ADA
RESTROOM
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EXISTING
SECURITY BLDG.
REMOVE EX. SHRUBS
CLEAN UP EX.
SHRUBS
CLEAN UP EX TREES & SHRUBS
1-18-2017CER
LAG
OLE
ARB
LAGLAG
PROJECT TITLE
SHEET TITLE
CHECKED:
DRAWN BY:
DATE:
REVISIONS
PROJECT NO.
SHEET N0.
XREF FILE:
SCALE:
E-mail: rbadmin@richie-bray.com
2432 Via Amador,
Palos Verdes Estates, CA 90274
FAX : (310) 377-3484
(310) 377-5868
Richie-Bray, Inc.
LANDSCAPE ARCHITECTURE
CER
CER
OLE
182
183
184
Lomita Agency Ref (2-8-23)3
LOS ANGELES COUNTY PUBLIC WORKS
BUILDING AND SAFETY DIVISION
AGENCY REFERRAL
VHFHSZ Y / N
Waste Sewer / Septic
Hwy.
Dedication
Y / N
______ ft.
Geology Fault / Liq / LS
Methane Y / N
Code
Enforce.
Y / N
# _______________
(N) Address Y / N
LOMITA DISTRICT OFFICE
24320 S. Narbonne Avenue
Lomita, CA 90717
Telephone: (310) 534-3760, Fax (310) 530-5482
Office Hours: 8:00 a.m. – 4:30 p.m. M - F
D&G Plan Checker Hours: M 8:00 a.m. – 11:30 a.m. Appointments are recommended
Prepared By
HNM
OM Initial
Date
Applicant’s
Signature:
Plans for (Grading) at __________________________________________________ _____________________________________
(Address) (Locality)
Plan Check No. _______________________________________________ was submitted on _______________________________________
Description of Proposed Work: __________________________________________________________________________________________
THIS NOTICE IS TO INFORM YOU THAT APPROVAL FROM THE AGENCIES MARKED BELOW, IN ADDITION TO GRADING PLAN
CHECK APPROVAL, MUST BE OBTAINED PRIOR TO PERMIT ISSUANCE. Pursuant to California Government Code Section 65913.3, if review
of the permit application is required by a State Agency or Other Agency, as marked below, the applicable time limits for review of the application are
tolled until the applicant provides Building and Safety with a copy of the Agency approval. Issuance of this agency referral sheet shall serve as formal
notice of tolling. You may need to submit the pertinent plans, plan check number, calculations, reports, etc., directly to these agencies. To assist you, building &
safety listed below the information which you will need to contact these agencies. Follow-up is your responsibility. Please be aware that some items resulting
from these agency plan reviews may affect your grading plan check. These should be communicated to your Drainage & Grading Plan Check Engineer as soon
as possible to prevent unnecessary delays. Submit all agency approvals 48 hours prior to permit issuance. Notify the Plan Check Engineer once all agency
approvals have been submitted, request to verify approvals.
ADDITIONAL AGENCY CLEARANCES MAY BE REQUIRED BY YOUR DRAINAGE & GRADING PLAN CHECK ENGINEER
Submit all agency approvals 48 hours prior to permit issuance
LOS ANGELES COUNTY DEPARTMENTS
PUBLIC WORKS DIVISIONS
____ BUILDING AND SAFETY DIVISION
Headquarters M-Th 6:45 a.m. - 5:30 p.m. - (626) 458-3173
900 S. Fremont Ave., 3rd Fl, Alhambra, CA 91803-1331
https://dpw.lacounty.gov/building-and-safety/
Approval for the following sections is required as noted below:
□ BUILDING SECTION
□ Lomita Office: M-F 8:00 a.m. -11:30 a.m. (310) 534-3760
Thanhhy To– Building Plan Checker
tvto@dpw.lacounty.gov
Jocelyn Del Angel– Building Plan Checker
jdelangel@dpw.lacounty.gov □ Carson Office: M-Th 7:00 am – 6:00pm (310) 952-1766
Jennifer Dang – Building Plan Checker
jdang@dpw.lacounty.gov
□ City of Lakewood: M-Th 7:00am–5:30pm (562) 866-9771
William (Bill) Spoja – Building Plan Checker
wspoja@dpw.lacounty.gov
□ Building Plan Check
□ Retaining Wall(s)
□ Shoring
□ ADA Compliance Review
□ Foundation Only
□ RESEARCH SECTION
900 S. Fremont Ave., 3rd Fl, Alhambra, CA 91803-1331
(626) 458-3173
(Structural Review of LID BMP)
____ ENVIRONMENTAL PROGRAMS DIVISION
Plan approval is required for most commercial and industrial buildings for:
https://pw.lacounty.gov/epd/cleanla
Lomita Office Headquarters (HDQRTS)
24320 S. Narbonne Ave 900 S. Fremont Ave., Annex 3rd Fl
Lomita, CA 90717 Alhambra, CA 91803-1331
(310) 534-4862 (626) 458-3517
8:00-9:30 a.m. Mon-Fri 6:45-5:30 Mon-Thurs
iw@pw.lacounty.gov Industrial Waste & Low Impact Development(LID)
ust@pw.lacounty.gov Underground Storage Tanks
sw@pw.lacounty.gov Stormwater
□ INDUSTRIAL WASTE (IW)/ UNDERGROUND STORAGE
TANKS (UST)
□ Injection Well/Clarifier/Seepage Pit for IW
□ UST Closure (past or present)
□ NPDES/LID APPROVAL (HDQRTS)
Industrial Waste Unit
(626) 458-3517 7:00am-5:00pm Mon-Thurs
Note: Location and Design flows for all BMPs must be shown on
plans and approved by Building and Safety (this applies to all
non-residential projects)
□ METHANE MITIGATION (HDQRTS)
(structure within 1,000 ft from a methane producing landfill)
Methane@pw.lacounty.gov
(626) 570-2810 7:00am -5:00pm Mon-Thurs
In accordance with LA County Code 110.3, recommendations
for mitigation prepared by a registered design professional may
be required prior to building permit approval.
□ CONSTRUCTION & DEMOLITION DEBRIS RECYCLING AND
REUSE PLAN (HDQRTS)
(626) 458-3517 www.CleanLA.com 7:00am-5:00pm Mon-Thurs
Instructions on how to apply are available at:
www.LACountyCND.com Email at: CND@pw.LACounty.gov
□ CONTAMINATED SOIL HAZARDS (HDQRTS)
□ Previous approval from EPD (e.g. permit, remediation, or
cleanup plan), proof of IW approval required.
iw@pw.lacounty.gov
□ Site under remediation or cleanup plan from regulatory
oversight agency, proof of agency approval of on-site soils
management plan or other concurrent for soil excavation
activities is required
□ LA County Fire – Site Mitigation Unit –
Richard Clark Richard.clark@fire.lacounty.gov or
https://fire.lacounty.gov/site-mitigation-unit/
□ California DTSC – Locate Brownfields coordinator
at https://dtsc.ca.gov/brownfields/contact-information/.
Submit application at:
https://dtsc.fluxx.io/user_sessions/new
□ Water Quality Control Board
https://www.waterboards.ca.gov/losangeles/water_issues/
programs/remediation/
□ No known regulatory oversight agency or previous
approval from EPD, proof of LA County Fire – Site
Mitigation Unit required.
□ LA County Fire – Site Mitigation Unit –
Richard Clark Richard.clark@fire.lacounty.gov or
https://fire.lacounty.gov/site-mitigation-unit/
□ OIL WELL (HDQRTS)
□ Site Well Report Review Report required from California
Geologic Energy Management (CalGEM).
□ Structure within 300 feet of an active, idle, or abandoned
well. Call (626) 570-2810 or email
methane@pw.lacounty.gov.
_____ GEOTECHNICAL AND MATERIALS ENGINEERING DIVISION
(GMED)
GEOLOGY/SOILS SECTIONS - Plan approval is required for site
stability and geologic hazard. (626) 458-4925 M-Th 6:30-5:15 pm
https://dpw.lacounty.gov/gmed/permits
Upload plans, reports, and attached GMED Agency Referral Sheet to:
https://epicla.lacounty.gov/SelfService/#/home
____ LAND DEVELOPMENT DIVISION
900 S. Fremont Ave., 3rd Fl, Alhambra, CA 91803-1331
(626) 458-4921 Mon-Thurs 7:00 a.m. - 5:00 p.m.
https://dpw.lacounty.gov/ldd/web/
□ SUBDIVISION PLAN CHECK SECTION
→ Visit epicla.lacounty.gov, under “Plans” tab to apply for a Street
Plan application
□ LANDSCAPE (Residential or Non-Residential landscaped area
> 500 square feet)
→ Visit epicla.lacounty.gov, under “Plans” tab to apply for a
Landscape Water Efficiency Plan application
185
Lomita Agency Ref (2-8-23)3
□ ROAD UNIT
Provide approval prior to grading permit issuance.
□ Road Construction – Driveway Approaches, Sidewalk, Curb
and Gutter, Curb/Parkway Drains, Road Grading, etc.
□ Road Improvements and/or Easements to be dedicated or
reserved for future road improvements.
□ Road Excavation within the road right-of-way
□ Slope Easements
□ HIGHWAY DEDICATION Form "48-0040-DPW"
(RD 490) should be filled out when plan approval for street
improvements and/or dedication is required for commercial and
multiple residential bldgs. "Bridge & Major Thoroughfare (B&T)
Fee" may also be required for commercial, multiple residential
buildings and designated tracts. (626) 458-4921
□ PERMITS SECTION
Encroachment Permits Section
Permits are required for road excavations and encroachments
within County roads and Flood Control easements.
900 S. Fremont Ave., 3rd Floor, Alhambra, CA 91803-1331
(626) 458-3129
→ Visit epicla.lacounty.gov, under “Permits” tab to apply for a
Road Construction or Road Encroachment or Road Excavation
permit
Westchester Office
55530 W 83rd St, Westchester, CA 90045
(310) 649-6300 7:30a.m. – 3:30p.m. Mon-Fri
□ HYDROLOGY UNIT
A detailed hydrology review is required for the project. Approval
required from Land Development prior to grading plan approval.
Note: Hydrology Studies processed by Land Development must
be prepared by a California Registered Civil Engineer. A
minimum of three maps and supporting analysis must be
submitted for processing.
□ Project onsite drainage is greater than 10 acres
□ Project location has significant contributory off-site
drainage which impacts structures or proposed drainage
devices.
□ Project requires detention of flows and routing analysis.
□ Existing drains in the project area do not have adequate
capacity, or the project is located in an area with known
drainage deficiencies.
□ FLOOD CONTROL DISTRICT (626) 458-3129
Approval required for any storm drain connection or
construction which encroaches in the LA County Flood Control
District right of way or impacts a facility. Obtain Qallowable from
Design Division, hydraulicinfo@dpw.lacounty.gov to accurately
size onsite system.
_____ MAPPING AND PROPERTY MANAGEMENT
□ ADDRESS ASSIGNMENT: New address is required for a new
building/pedestal & optional for an accessory dwelling unit. New
address must be assigned prior to permit issuance.
□ New address for new SFD
□ New address for new ADU w/ electric service meter
□ New address for new ADU due to a separate driveway or street
access from the main house
Email: addressing@dpw.lacounty.gov
□ PROOF OF OWNERSHIP (copy of tax bill, deed, or pink slip)
□ Lot □ Manufactured Home
OTHER COUNTY DEPARTMENTS
____ PARKS AND RECREATION
Approval for grading plans is required for construction adjacent to
"Designated Trails"
□ Planning Division, Research & Trails Section
510 S. Vermont Ave. 2nd Floor, Los Angeles, CA 90020
(213) 351-5098 M-Th 7:00 am – 5:30 pm
____ REGIONAL PLANNING
Southwest District Office for General Information:
1320 W. Imperial Hwy, Los Angeles, CA 90044
(323) 820-6500
Mon – Thurs 7:30 a.m.– 11:30 a.m. (must sign in by 11:00 a.m.)
info@planning.lacounty.gov - or call (213) 974-6411 to talk to a planner
Virtual Counseling:
Tues.- Thurs. 1:00 p.m. to 4:00 p.m.
https://planning.lacounty.gov/online
STATE AGENCIES
____ CALTRANS
Permits are required for outdoor signs, excavation, encroachment
(including driveway aprons) and improvements (including grading or
structures that affect drainage) on State Highways:
100 S. Main Street, 2nd Fl.
Los Angeles, CA 90012
(213) 897-3631 https://dot.ca.gov/obtain-permits
____ CALIFORNIA COASTAL COMMISSION
A Coastal Development permit is required. Prior to application submittal
obtain local approval in concept from the Regional Planning Department.
200 Oceangate 10th Fl, Suite 1000, Long Beach, CA 90802
(562) 590-5071
____ CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE
Approval required for work within or near the watercourse (streambed).
Provide a copy of the Streambed Alteration Agreement or letter from Fish
& Wildlife indicating they have no requirements.
3883 Ruffin Road, San Diego, CA 92123 (858) 636-3160
____ DEPT. OF INDUSTRIAL RELATIONS - CAL/OSHA
DIVISION OF OCCUPATIONAL SAFETY & HEALTH
Permit is required for excavation of trenches which are 5 ft. or more deep
into which a person is required to descend or for the construction or
demolition of any structure 4 or more stories. Brick-lined seepage pits
may require permit.
6150 Van Nuys Blvd., Suite 307, Van Nuys, CA 91401-3379
(818) 901-5403 By Appointment only
https://www.dir.ca.gov
____ STATE DEPARTMENT OF CONSERVATION
□ Approval required for impact on an existing oil or gas well. Show
status and physical location of wells determined by a recent
survey.
California Geologic Energy Management Division (CalGEM)
Southern District
3780 Kilroy Airport Way, Long Beach, CA 90806 (562) 637-4400
□ Approval required for impact on an existing mine.
Department of Conservation Division of Mine Reclamation
803 K Street, MS 09-06, Sacramento, CA (916) 323-9198
OTHER AGENCIES
____ FIRE PREVENTION BUREAU OF THE CONSOLIDATED FIRE
PROTECTION DISTRICT OF LOS ANGELES COUNTY
https://fire.lacounty.gov
4475 W. El Segundo Blvd, Hawthorne, CA 90250
(310) 263-2732
□ Plan Approval
□ Very High Fire Hazard Severity Zone Permit
____ REGIONAL WATER QUALITY CONTROL BOARD
Approval required for de-watering operation for the discharge of non-
storm related flows.
320 W. 4th Street, Ste 200, Los Angeles, CA (213) 576-6600
____ SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT(SCAQMD)
Projects with 50 acres disturbed area of 5,000 cubic yards or more of
grading that occurs at least 3 times during a 365 day period is
considered a large operation and are required to comply with Rule 403
(e). Provide a Large Operation Notification (Form 403 N) and Dust
Control Plan. Agricultural use, emergencies, and utilities are excluded.
21865 E. Copley Dr., Diamond Bar, CA 91765-4182
(909) 396-2000, (800) 288-7664 – www.AQMD.gov
____ U.S. ARMY CORPS OF ENGINEERS
Approval required for work within or near the watercourse (streambed).
Provide a 404 Permit and include all conditions must be included on and
detailed on the pans. This includes all restricted areas, special
requirements, and planting as applicable.
911 Wilshire Blvd, Los Angeles, CA 90017 (213) 452-3412
____ LA COUNTY REGISTRAR-RECORDER/ COUNTY CLERK OFFICE
Request a vital record, real estate record, or record a property document.
To contact the Recorder/County Clerk please call: (800) 201-8999
Branch Office Locations (lavote.gov)
COVENANTS & AGREEMENTS (must be notarized & recorded)
□ Restricted Use Area (RUA) Covenants □ LID Covenants
□ SUMP Pump Covenant
Main Office Branch Office
Norwalk Van Nuys 12400 Imperial Hwy. 14340 W. Sylvan Street
Norwalk, CA Van Nuys, CA 91401
M-F, 8:00 a.m. - 4:30 p.m. M-F, 8:30 a.m. - 4:30 p.m.
By Appointment Only By Appointment Only
Please provide the Department of Regional Planning (DRP)
RPAP or RPPL case number with an approval. If you have not
submitted to DRP, please apply for “DRP- Base Application –
Permits & Reviews” on EPIC-LA through the Sub-Records tab
on your Building Permit Application.
Please Refer to the Guide to EPIC-LA Sub-Records for more
information. Please see link below:
https://epicla.lacounty.gov/help/doc/Guide_Sub-Records.pdf
186
Lomita Agency Ref (2-8-23)3
____ CITY APPROVALS
□ City of Lomita □ City of Rollings Hills
24300 S. Narbonne Ave. 2 Portuguese Bend Rd.
Lomita, CA 90717 Rolling Hills CA 90274
(310) 325-7110 (310) 377-1521
□ City of Carson □ City of Lakewood
701 E. Carson Street 5050 N. Clarke Ave
Carson, CA 90745 Lakewood, CA 90712
(310) 549-0652 (562) 866-9771
OTHER
187
County of Los Angeles - Department of Public Works
Building and Safety Division
GMED PLAN CHECK REFERRAL FORM
TO BE COMPLETED BY COUNTY PLAN CHECKER ONLY
---- APPLICANT TO UPLOAD THIS SHEET TO GMED ----
Plan Checker Name ________________________ District Office ___________
BSD Permit Case: BLD ________________ GRAD________________________
Valuation: BLD $_______________ GRAD__ ____ ___ (cubic yards)
Linked GMED Plan Case: ESTU _______________________________________
Address: ______________________________________APN_______________
Project Scope of Work ______________________________________________
_________________________________________________________________
___________________________________________________________________
Multiple Plan Checks on subject site (Please Verify in EpicLA/DAPTS)
Initial reason for referral:
Seismic Hazard Zone
Liquefaction / Seismically Induced Landslide / Fault Zone
Slope Stability
Over-Steeped Slopes / Landslide / Debris Flow
Retaining Walls or Structures
Basement / Tiered / Soldier Piles / Tie-Back / Geo-Grid
Foundations Recommendations
Piles / Caissons / Mat / Settlement / Repairs / Soil-Cement Columns
Temporary Conditions
Shoring / Steep excavations / Slot-Cuts / Tie-Backs
Low Impact Development
Soil Infiltration Rate / Infiltration Report / LID BMP Location and Depth
Grading
Fill and Bearing Recommendations / Soil-Improvements / Geology
Other (Please Specify)
________________________________________________
________________________________________________
Please Note:
This initial referral reason may not limit the extent of GMED review. Additional geologic and
geotechnical conditions may become apparent after GMED review of the plans, reports, and
references.
Please verify with your Plan Checker:
GMED plan check fees will need to be paid prior to start of plan check. Once invoiced, please
pay GMED fees online through EpicLA or at the Building and Safety District Office.
188
ATTACHMENTS
County of Los Angeles Department of Public Works
Geotechnical and Materials Engineering Division
GEOLOGY AND SOILS ENGINEERING – DEVELOPMENT REVIEW SUBMITTALS
Requirements Prior to Submittal
Plan check applications must be filed with Building and Safety or Land Development
Division and an Agency Referral form provided BEFORE any documents can be
accepted for review by GMED. For questions regarding the submittal or review
process, please contact GMED at GMEDSubmittals@dpw.lacounty.gov, or (626)
4584923.
GMED Submittals for BUILDING AND SAFETY (BSD)
If your BSD application is through EPIC LA/CSS, log in to
EpicLA/CSS: https://epicla.lacounty.gov/SelfService/#/home.
First-time users of EpicLA/CSS are required to create site login. Please register on -line.
Once logged in, click “Apply” then under the “Plan” heading click “Geotechnical Study.”
You will receive an ESTU# for your GMED plan check.
If your BSD application is through a Contract City system, then submit documents to
GMED here: https://dpw.lacounty.gov/apps/esubmissions/gme/default.aspx. First-time
users are required to create a site login.
PDF file format for GMED Submittal
Please include all plan sheets into one PDF file.
Please name the file in the following format:
For Agency Referral Forms:
Name file as: “Agency Referral Form”
For Plans:
“YYYYMMDD – [Type of Plan]”
Submittal Date- example: '20190101 – Grading Plan”
For Reports:
“YYYYMMDD – [Firm Name]”
Submittal Date- example: '20190101 – Best Geotechnical Company”
189
1 of 7
COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC WORKS
BUILDING AND SAFETY DIVISION & LAND DEVELOPMENT DIVISION
EROSION AND SEDIMENT CONTROL PLAN (ESCP)
_____________________________ ______________ ______________________________ _______________________________________
PLAN CHECK NO. DISTRICT NO TRACT/PM WDID NO. (SITES 1 ACRE OR GREATER)
______________________________________________________________________________________ _______________________________________
SITE ADDRESS CITY/AREA
______________________________________________________ ______________________________
ENGINEER/ APPLICANT TELEPHONE NO.
______________________________________________________ ______________________________
OWNER TELEPHONE NO.
__________________________ __________________________ ______________________________ _______________________________________
DISTURBED AREA (ACRES) PLAN CHECKER ENTRY DATE STORM SEASON
In compliance with the County of Los Angeles National Pollution Discharge Elimination System (NPDES) – MS4
Permit, Title 12.80 - Environmental Protection Code, Title 26 - Building Code (LACBC), and Title 31 – Green Building
Standards Code all construction sites are required to implement Best Management Practices (BMPs) to control
erosion, debris, and construction-related pollutants.
The following Best Management Practices (BMPs) handbooks provide specific guidance on selecting BMP which must
be implemented on all construction sites.
● “CASQA Construction BMP Online Handbook”
Web-based portal is available at https://www.casqa.org/resources/bmp-handbooks
● “Caltrans Stormwater Quality Handbooks, Construction Site Best Management Practices (BMP) Manual”
Handbook is available at:
http://www.dot.ca.gov/hq/construc/stormwater/manuals.htm
Erosion and sediment control plans (ESCP) are year -round BMP measures that must be incorporated into the
construction plans. All grading projects, non-residential sites, residential sites of 6 stories or greater, and projects with
soil disturbing activities greater than one acre require an ESCP. All BMPs must be detailed on the ESCP or reference
standard details found in the above referenced handbooks.
❑ The ESCP plan must include appropriate BMPs for: General Site Management, Construction Materials and
Waste Management, and Erosion and Sediment Controls. Erosion and Sediment Control BMPs must be
provided for wet and dry seasons.
❑ To control site erosion and sediments an ESCP must be submitted (or revised) every year to reflect site
conditions at the start of the rainy season October 15. Grading and Building p lans in for plan check, which will
have construction work occurring during the rainy season, will not be permitted until ESCP are submitted and
approved.
❑ For sites where the disturbed area is one acre or more, applicants must file a Notice of Intent (NO I) and a State
SWPPP and obtain a Waste Discharge Identification number (WDID No.) with the State Water Resources
Control Board, Division of Water Quality, https://smarts.waterboards.ca.gov/smarts/faces/SwSmartsLogin.jsp.
Applicants must provide and label State WDID No. and indicate the risk level, as determined for the state
SWPPP, on the title sheet of ESCP.
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1. Corrections are required for circled item numbers. All corrections and comments identified on the returned
check print must be incorporated into the plans. Revised plans must be resubmitted for review.
2. Return this review sheet along with check print, revised plans, specifications, and all requested suppo rting
information.
3. When responding to corrections or comments, a separate sheet of detailed explanation of corrections is
encouraged.
4. Your plans have been reviewed by____________________________________________.
Plan checker is available for office hours and meetings ______________________ from
____________________ only. All other meetings must have a scheduled appointment. Please
phone (_____)_______________ for questions and to schedule an appointment.
PLAN CHECK STATUS AND OUTSTANDING CORRECTIONS:
❑ PLANS NOT APPROVED, resubmit two sets of revised ESCP for review with information and corrections
as circled. An ESCP for grading projects must have "wet" stamps and signatures of a California registered
Civil Engineer on each page. The ESCP for projects greater than one acre must be certified by a Qualified
SWPPP Developer (QSD).
Please return check print and supporting information with submittal. When updating a ESCP, a copy of
previous approved plans must be provided.
SUBMITTAL DATE REVIEW DATE
1
2
3
COMMENTS:___________________________________________________________________________________
______________________________________________________________________________________________
______________________________________________________________________________________________
______________________________________________________________________________________________
______________________________________________________________________________________________
______________________________________________________________________________________________
______________________________________________________________________________________________
______________________________________________________________________________________________
______________________________________________________________________________________________
______________________________________________________________________________________________
______________________________________________________________________________________________
______________________________________________________________________________________________
______________________________________________________________________________________________
______________________________________________________________________________________________
______________________________________________________________________________________________
______________________________________________________________________________________________
______________________________________________________________________________________________
______________________________________________________________________________________________
______________________________________________________________________________________________
__________________________________________________________________________________________
191
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REQUIREMENTS FOR EROSION AND SEDIMENT CONTROL PLANS (ESCP)
GENERAL PLAN REQUIREMENTS:
1. Submit two copies of Erosion and Sediment Control Plans (ESCP). An ESCP for grading projects must
have "wet" stamps and signatures of a California registered Civil Engineer on each page. The ESCP for
projects greater than one acre must be certified by a Qualified SWPPP Developer (QSD).
2. The ESCP must include the following:
2.1 Title Page
2.2 Site Map
2.3 General Site Management BMP
2.4 Construction Materials and Waste Management BMPs
2.5 Erosion and Sediment Control BMPs
3. Provide calculations for the sizing of all temporary drainage devices and sediment basins. All calculations
must be signed and stamped by a Civil Engineer or QSD. Design flows must be based of an approved
hydrology study or hydrology calculations provided.
TITLE PAGE REQUIREMENTS:
The following items must be included on the ESCP Title Page:
4. Title Blocks - With project name, address, and grading or building plan check number.
Engineering company/QSD name, license/certificate number, address, and phone
number. Developer/Owner name, address, and phone number. Provide c ontact
information for contractor.
5. General Notes - See attached General Notes. All applicable notes must be included and signed as
applicable.
6. Location Maps - Project location must be identified with a Vicinity Map and Site Index M ap, which
include north arrow and scale as applicable.
SITE PLAN REQUIREMENTS:
7. Provide detailed site plans showing the location of all proposed BMPs. Site plans should use approved
grading plans or building site plans topography. Site pl ans must reflect the site conditions at the beginning
of each rainy season and be updated annually if construction continues through the following rainy season.
8. Identify and label all existing and proposed drainage structures. Label drainage devices in cluding storm
drains and catch basins/inlet structures which are to be completed by November 1.
9. Label all existing and proposed streets. Identify all streets which are paved or will be paved by November 1.
10. Identify and label existing and proposed property lines.
11. Provide name, location, and description of any environmentally sensitive areas located in or adjacent to the
project.
12. Identify graded areas that have been disturbed and are denuded of natural vegetation. All disturbed areas
must be stabilized so as to inhibit erosion by wind and water.
GENERAL SITE MANAGEMENT BMPs:
13. Show vehicle equipment areas for cleaning, fueling, and maintenance. Identify BMPs proposed for spill
prevention and containment.
14. Show location of site entrances and identify BMPs proposed to control site entrance (Tracking Control).
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CONSTRUCTION MATERIALS AND WASTE MANAGEMENT BMPs:
15. Show location of material delivery and storage area(s).
16. Identify the proposed methods of spill prevention and controls on plans.
17. Show location of designated waste collection area on plans.
18. Locate concrete truck washout area on plan. This area must be at least 50 feet from storm drains, open
ditches, or water bodies. Runoff from this area must be controlled. Identify any berms or pits proposed for
containment.
EROSION AND SEDIMENT CONTROL BMPs
19. An updated ESCP must be revised and approved prior to each rainy season throughout the site grading
operations. (J110.8.3)
20. Erosion control devices must be designed and incorporated in the plans to prevent debris flows onto
adjacent properties, adjacent roadways, and into natural drainage courses.
21. Indicate on plans all applicable storm water erosion control devices, including but not limited to: Earth
dike, temporary drains and swales, slope drain, outlet protection, and check dams.
22. Add to plans all applicable erosion and sediment control details. Standard BMPs indicated in the BMP
Handbooks do not have to be shown on the plans; however, all information associated with these details,
required for construction, must be identified on the plans, this includes dimensions, elevations, and types
of materials.
23. On unpaved streets, Sandbag check dams should be provided in accordance with the following minimum
spacing, unless calculations are submitted to justify increased spacing:
SLOPE CHECK DAM INTERVAL
Less than 5% 100 feet on center
5% to 10% 50 feet on center
Greater than 10% 25 feet on center
24. For interim erosion control plans, desilting facilities will be required where drainage devices are not
operational and slopes have not been established.
25. Provide appropriate devices where flows are concentrated, and specify measures to ensure the discharge
is reasonably free of pollutants and sediments. Examples of recommended locations are: at property lines
to protect adjacent properties, roadways, natural drainage courses, and at energy dissipaters.
26. Provide a dike to direct flow to sediment basin or sediment pits. Dike must be lined with concrete,
sandbags, or other non-erodible materials.
27. On plans, indicate locations where slope planting or stabilization has been established.
28. Outline the limits of the drainage and graded area and indicate proposed devices to control sediment -laden
runoff. A sediment trap or a sediment basin may be used. See references on page 1 for design criteria.
Submit calculation to demonstrate that minimum design requirements are met or exceeded. Plans must
show required and provided storage rates. Flow rates must be based on an approved hydrology study.
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EROSION AND SEDIMENT CONTROL PLAN (ESCP) GENERAL NOTES:
1. In case of emergency, call (Responsible Person) at (24-Hour telephone).
i. Please fill in name and number
2. Total Disturbed Area ______________________ WDID # ________________________
i. Risk Level 1 2 3 (circle one as determined by State General Permit for sites greater than
1 acre)
3. A stand-by crew for emergency work shall be available at all times during the rainy season (October 15 to April
15). Necessary materials shall be available on-site and stockpiled at convenient locations to facilitate rapid
construction of emergency devices when rain is imminent.
4. Erosion control devices shown on this plan may be removed when approved by the Building Official if the
grading operation has progressed to the point where they are no longer required.
5. Graded areas adjacent to fill slopes located at the site perimeter must drain away from the top of slope at the
conclusion of each working day. All loose soils and debris that may create a potential haz ard to off-site
property shall be stabilized or removed from the site on a daily basis.
6. All silt and debris shall be removed from all devices within 24 hours after each rainstorm and be disposed of
properly.
7. A guard shall be posted on the site whenever the depth of water in any device exceeds two feet. The device
shall be drained or pumped dry within 24 hours after each rainstorm. Pumping and draining of all basins and
drainage devices must comply must comply with the appropriate BMP for dewatering operations.
8. The placement of additional devices to reduce erosion damage and contain pollutants within the site is left to
the discretion of the Field Engineer. Additional devices as needed shall be installed to retain sediments and
other pollutants on site.
9. Desilting basins may not be removed or made inoperable between October 15 and April 15 of the following
year without the approval of the Building Official.
10. Storm Water Pollution and Erosion Control devices are to be modified, as needed, as the project progresses,
the design and placement of these devices is the responsibility of the field engineer. Plans representing
changes must be submitted for approval if requested by the Building Official.
11. Every effort should be made to eliminate the discharge of non-storm water from the project sites at all times.
12. Eroded sediments and other pollutants must be retained on-site and may not be transported from the site via
sheet flow, swales, area drains, natural drainage courses, or wind.
13. Stockpiles of earth and other construction-related materials must be protected from being transported from the
site by the forces of wind or water.
14. Fuels, oils, solvents, and other toxic materials must be stored in accordance with their listing and are not to
contaminate the soils and surface waters. All approved storage containers are to be protected from the
weather. Spills must be cleaned up immediately and disposed of in a proper manner. Spills may not be
washed into the drainage system.
15. Excess or waste concrete may not be washed into the public way or any other drainage system. Provisions
shall be made to retain concrete wastes on-site until they can be disposed of as solid waste.
16. Developers/contractors are responsible to inspect all Erosion Control Devices and BMPs are installed and
functioning properly if there is a 50% or greater probability of predicted precipitation, and after actual
precipitation. A construction site inspection checklist and inspection log shall be maintained at the project site
at all times and available for review by the Building Official (copies of the self -inspection check list and
inspection logs are available upon request).
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17. Trash and construction-related solid wastes must be deposited into a covered receptacle to prevent
contamination of rainwater and dispersal by wind.
18. Sediments and other materials may not be tracked from the site by vehicle traffic. The construction entrance
roadways must be stabilized so as to inhibit sediments from being deposited into the public way. Accide ntal
depositions must be swept up immediately and may not be washed down by rain or other means.
19. Any slopes with disturbed soils or denuded of vegetation must be stabilized so as to inhibit erosion by wind and
water.
20. As the engineer/QSD of record, I have selected appropriate BMPs to effectively minimize the negative impacts
of this project’s construction activities on storm water quality. The project owner and contractor are aware that
the selected BMPs must be installed, monitored, and maintained to ensure their effectiveness.
_______________________________________ __________________
Civil Engineer/QSD Signature Date
21. The following notes must be on the plan:
As the project owner or authorized agent of the owner, “I certify that this document and all attachments
were prepared under my direction or supervision in accordance with the system designed to ensure that a
qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the
person or persons who manage the system or those persons directly responsible for gathering the
information, to the best of my knowledge and belief, the information submitted is true, accurate, and
complete. I am aware that submitting false and/ or inaccurate information, failing to update the ESCP to
reflect current conditions, or failing to properly and/or adequately implement the ESCP may result in
revocation of grading and/or other permits or other sanctions prov ided by law.”
_______________________________________ _____________
Owner or Authorized Representative (Permittee) Date
22. Developers/contractors are responsible to inspect all Erosion Control Devices and BMPs are installed and
functioning properly as required by the State Construction General Permit. A construction site inspection
checklist and inspection log shall be maintained at the project site at all times and available for revi ew by the
Building Official.
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23. The following BMPs from the “CASQA Construction BMP Online Handbook” must be implemented for all
construction activities as applicable. As an alternative, details from “Caltrans Stormwater Quality Handbooks,
Construction Site Best Management Practices (BMP) Manual” may be used. Additional measures may be
required if deemed appropriate by the Building Official.
EROSION CONTROL
EC1 – SCHEDULING
EC2 – PRESERVATION OF EXISTING VEGETATION
EC3 – HYDRAULIC MULCH
EC4 – HYDROSEEDING
EC5 – SOIL BINDERS
EC6 – STRAW MULCH
EC7 – GEOTEXTILES & MATS
EC8 – WOOD MULCHING
EC9 – EARTH DIKES AND DRAINAGE SWALES
EC10 – VELOCITY DISSIPATION DEVICES
EC11 – SLOPE DRAINS
EC12 – STREAMBANK STABILIZATION
EC13 – RESERVED
EC14 – COMPOST BLANKETS
EC15 – SOIL PREPARATION\ROUGHENING
EC16 – NON-VEGETATED STABILIZATION
TEMPORARY SEDIMENT CONTROL
SE1 – SILT FENCE
SE2 – SEDIMENT BASIN
SE3 – SEDIMENT TRAP
SE4 – CHECK DAM
SE5 – FIBER ROLLS
SE6 – GRAVEL BAG BERM
SE7 – STREET SWEEPING AND VACUUMING
SE8 – SANDBAG BARRIER
SE9 – STRAW BALE BARRIER
SE10 – STORM DRAIN INLET PROTECTION
SE11 – ACTIVE TREATMENT SYSTEMS
SE12 – TEMPORARY SILT DIKE
SE13 – COMPOST SOCKS & BERMS
SE14 – BIOFILTER BAGS
WIND EROSION CONTROL
WE1 – WIND EROSION CONTROL
TEMPORARY TRACKING CONTROL
TC1 – STABILIZED CONSTRUCTION ENTRANCE EXIT
TC2 – STABILIZED CONSTRUCTION ROADWAY
TC3 – ENTRANCE/OUTLET TIRE WASH
NON-STORMWATER MANAGEMENT
NS1 – WATER CONSERVATION PRACTICES
NS2 – DEWATERING OPERATIONS
NS3 – PAVING AND GRINDING OPERATIONS
NS4 – TEMPORARY STREAM CROSSING
NS5 – CLEAR WATER DIVERSION
NS6 – ILLICIT CONNECTION/DISCHARGE
NS7 – POTABLE WATER/IRRIGATION
NS8 – VEHICLE AND EQUIPMENT CLEANING
NS9 – VEHICLE AND EQUIPMENT FUELING
NS10 – VEHICLE AND EQUIPMENT MAINTENANCE
NS11 – PILE DRIVING OPERATIONS
NS12 – CONCRETE CURING
NS13 – CONCRETE FINISHING
NS14 – MATERIAL AND EQUIPMENT USE
NS15 – DEMOLITION ADJACENT TO WATER
NS16 – TEMPORARY BATCH PLANTS
WASTE MANAGEMENT & MATERIAL POLLUTION
CONTROL
WM1 – MATERIAL DELIVERY AND STORAGE
WM2 – MATERIAL USE
WM3 – STOCKPILE MANAGEMENT
WM4 – SPILL PREVENTION AND CONTROL
WM5 – SOLID WASTE MANAGEMENT
WM6 – HAZARDOUS WASTE MANAGEMENT
WM7 – CONTAMINATION SOIL MANAGEMENT
WM8 – CONCRETE WASTE MANAGEMENT
WM9 – SANITARY/SEPTIC WASTE MANAGEMENT
WM10 – LIQUID WASTE MANAGEMENT
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County of Los Angeles - Department of Public Works
Building and Safety/Land Development Division
GRADING REVIEW SHEET
(2023 Los Angeles County Building Code, Residential Code,
and Green Building Standards Code)
______________________________________________ _________________ __________________ __________________________________
SITE ADDRESS TRACT/PM NO. DISTRICT NO. GRADING PERMIT APPLICATION NO.
__________________________________________________________________ (_____)_____________________________________________
DESIGN ENGINEER/APPLICANT TELEPHONE NO.
__________________________________________________________________ (_____)_____________________________________________
OWNER TELEPHONE NO.
_______________________________ ____________________________ __________________________ ________________________
EARTHWORK VOLUME DISTURBED AREA CHECKER PLAN CHECK EXPIRES
☐ ENGINEERED GRADING PROJECT DESCRIPTION ___________________________________________________
☐ REGULAR GRADING
___________________________________________________
INSTRUCTIONS TO BUILDING AND SAFETY DISTRICT OFFICE PRIOR TO ISSUANCE OF GRADING PERMIT
1. Post a Grading Permit Security of $_______________. Based on ___________________C.Y . and drainage facilities at a
cost estimate of $ ____________________. See enclosed “Fee and Bond Amount Worksheet”. (Section J103.7.3 of the
County of Los Angeles Building Code)
2. A supplemental plan check fee of is required due to additional earthwork volumes of __________(cy) not
included in original grading application and/or ____________ (hrs) due to additional plan review beyond the initial and
second plan check. (Section 107 of the County of Los Angeles Building Code)
3. A site inspection fee is required for this project. (Section 107 of the County of Los Angeles Building Code)
4. The grading permit shall be based on a volume of_____________________ cubic yards of earthwork. Total grading volume
is based on the larger of the cut or fill plus any over excavation volumes and alluvial removals.
5. This Grading Permit requires a Licensed Contractor. (See AM 30.04)
6. Provide an approved copy of the Erosion and Sediment Control Plan for grading activities during rainy season (October 15
- April 15).
7. The site is located within the California Coastal Zone. The Coastal Development Permit issued for this project site is CDP
_____________________________.
8. Verify that the applicant has submitted the acknowledgment and acceptance forms concerning the empl oyment of a Field
Engineer and of Project Consultants with signatures of the owner and all consultants. See documents “A” & “B”.
9. Place a "Notice of Uncertified Fill" in the project address file identifying on -site uncertified fills. Refer to the enclosed plot
plan identifying limits and depth of uncertified fills on this site.
10. See Agency Referral Sheet for all required agencies.
11. For Grading Projects in Rolling Hills: Grading permits shall not be issued unless the building plans corresponding to the
proposed grading have been submitted for plan check. (City Requirement)
ONCE YOUR GRADING PLAN HAS BEEN APPROVED, CONTACT
THE LOCAL BUILDING AND SAFETY DISTRICT OFFICE FOR
ISSUANCE OF A GRADING PERMIT.
NOTE: PERMITTEE OR THEIR AGENT IS RESPONSIBLE FOR
ARRANGING A PRE-GRADE MEETING AND MUST NOTIFY THE
BUILDING OFFICIAL AT LEAST TWO BUSINESS DAYS PRIOR TO
THE PROPOSED PRE-GRADE MEETING.
APPROVAL STAMP AREA
(DO NOT WRITE IN THIS AREA)
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Rev. 2/9/2023
INSTRUCTIONS
NOTE: APPLICATIONS FOR GRADING PERMITS FOR WHICH NO PERMIT IS ISSUED WITHIN ONE YEAR
FOLLOWING THE DATE OF APPLICATION SHALL EXPIRE BY LIMITATION.
(Section 106.4.1.1 of the Los Angeles County Building Code)
1. Corrections are required for circled item numbers. All corrections and comments identified on the returned check print
must be incorporated into the plans. Revised plans must be resubmitted for review.
2. Return this review sheet along with check print, revised plans, reports, and all requested supp orting information.
3. When responding to corrections or comments, a separate sheet of detailed explanation of corrections is encouraged.
4. Numbers in parentheses refer to Sections of the latest edition of the County of Los Angeles Building Code or Residential
Code, i.e. (J101.1).
5. For any required forms mentioned below please see http://dpw.lacounty.gov/bsd/publications/index.cfm
Note: After the second review, plans are checked on an hourly basis. Supplemental plan check fee will be collected prior to
issuance of the grading permit. (107.6 & 107.9, Item 10).
ORIGINAL PLAN CHECK
SUBMITTAL DATE REVIEW DATE
REVIEW HOURS
1
2
3
4
5
EXTENSION
1
2
TOTAL ADDITIONAL HOURS FOR REVIEW
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
OUTSTANDING CORRECTIONS:
1 11 21 31 41 51 61 71 81 91
2
12
22
32
42
52
62
72
82
92
3
13
23
33
43
53
63
73
83
93
4
14
24
34
44
54
64
74
84
94
5
15
25
35
45
55
65
75
85
95
6
16
26
36
46
56
66
76
86
96
7
17
27
37
47
57
67
77
87
97
8
18
28
38
48
58
68
78
88
9
19
29
39
49
59
69
79
89
10
20
30
40
50
60
70
80
90
Your plans have been reviewed by ___________________________________.
Plan checker email ____________________@pw.lacounty.gov, phone ___________________.
The plan checker is available for office hours and meetings. Please contact the plan checker via email or phone for
questions and/or to schedule an appointment.
For all resubmittals through EPICLA, notify the Drainage and Grading Engineer via email.
FOR UP-TO-DATE Drainage and Grading Plan Check COUNTER HOURS, PLEASE VISIT http://dpw.lacounty.gov/bsd/offices/
AND SELECT THE APPROPRIATE OFFICE FROM THE INTERACTIVE MAP.
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AGENCY APPROVALS – SEE SEPARATE AGENCY REFERRAL SHEET
THIS NOTICE IS TO INFORM YOU THAT APPROVAL FROM THE AGENCIES MARKED ON THE SEPARATE AGENCY
REFERRAL SHEET, IN ADDITION TO GRADING PLAN CHECK APPROVAL, MUST BE OBTAINED PRIOR TO PERMIT
ISSUANCE. Pursuant to California Government Code Section 65913.3, if review of the permit application is required by a State Agency
or Other Agency, as marked below, the applicable time limits for review of the application are tolled until the applicant provides Building
and Safety with a copy of the Agency approval. Issuance of this agency referral sheet shall serve as formal notice of tolling. You may
need to submit the pertinent plans, plan check number, calculations, reports, etc., directly to these agencies. Follow-up is your responsibility.
Please be aware that some items resulting from these agency plan reviews may affect your grading plan check. These should be communicated
to your Drainage & Grading Plan Check Engineer as soon as possible to prevent unnecessary delays. Submit all agency approvals 48 hours prior
to permit issuance. Notify the Plan Check Engineer once all agency approvals have been submitted, request to verify approvals.
1. Add the following note to the plans:
PRIVATE AND UTILITY EASEMENTS
2. Any proposed work within a Private Easement requires permission letters and/or covenants from easement holder.
Permission from the easement holder may not be required if it can be shown the proposed construction work is consistent
and in conformance with the intended easement use. Copies of recorded easements shall be submitted for review. Grading
plans must show all bearings, distances, (linear and curve data) for the entire easement(s).
The following note shall be added to the grading plan:
“As Civil Engineer/Land Surveyor of this project, I have identified the location of all easements which are depicted on these
plans. I have reviewed the easement documents and verified the proposed construction does not conflict or interfere with
the intended easement use.”
__________________________________________________ ______________________
Civil Engineer/Land Surveyor (Stamp and Signature) Date
3. Any proposed work within a Utility Easement requires permission letters and/or covenants from easement holder.
UTILITIES
4. Utilities, such as water, electrical, plumbing, mechanical, and sewer shown on grading plans, may require a separate
permit. Add note on grading plans/utility plans which labels the utilities are provided for reference only and separate
permits may be required.
GRADING DOCUMENTATION
CONTRACT CITY REQUIREMENTS
5. Provide copy of City conditions/resolution, for proposed project. (Conditional Use Permit, Tentative Con ditions, plot plan -
“Exhibit A” or City Planning Approval) All applicable planning conditions, which affect or impact the proposed project grading
or drainage must be incorporated into the project grading plans. Project grading plans can not be approved until it can be
verified all City planning conditions (As applicable) are satisfied.
6. Obtain and provide planning approval from City of________________________________________________.
GRADING VOLUME, AND BOND DETERMINATION
7. Submit volume calculations (signed and stamped by a registered civil engineer). A supplemental plan check fee will be
required for additional volumes not identified on the original grading application.
Note: Grading permit application, permit fees, and grading securities (bonds) are based on the larger of the cut and fill
volumes plus (+) the amount of over-excavation/alluvial removal and recompaction.
For grading projects where the volume of earthwork handled exceeds 1000 cubic yards or as required by the Building
Official, a grading permit security (bond) is required (J103.7). The amount of security required for a grading permit will be
provided upon grading plan approval. Grading Bond must be submitted at the Local Building and Safety Office prior to
issuance of grading permit. Standard Bond documents are available at
http://www.dpw.lacounty.gov/bsd/publications/index.cfm. Search for Grading Permit Security document (GPS Security.pdf)
8. Submit a cost estimate of all drainage devices (such as catch basins, drain pipe (s), inlets and outlets, energy
dissipators,constructed per the grading plans that are not to be maintained by the Los Angeles County Flood Control District.
(J103.7.3)
OFFSITE WORK
9. Proposed project construction requires offsite work or grading outside the limits of the property line. A grading permit is
required for each site. (J103.1) In lieu of separate grading permits for each property, notarized and recorded covenants
from the owners of the properties involved may be provided for minor grading as determined by the Building Official.
Any proposed construction that changes or alters the existing drainage pattern to adjacent (off-site) property requires a
notarized and recorded offsite drainage release covenant or easement from the owner of adjacent property.
ENGINEER’S/SURVEYOR’S STATEMENT REGARDING THE PRESENCE OF MONUMENTS WITHIN PROJECT LIMITS
I HEREBY ATTEST THAT I HAVE LOCATED AND REFERENCED ON THESE PLANS THE MONUMENTS EXISTING
PRIOR TO CONSTRUCTION TO ENSURE PERPETUATION OF THEIR LOCATION IN ACCORDANCE WITH SECTION
8771 OF THE BUSINESS AND PROFESSIONS CODE. I FURTHER ATTEST THAT I HAVE PERFORMED A RECORD
SEARCH AND FIELD INSPECTION TO IDENTIFY EXISTING MONUMENTS; SHALL SET SUFFICIENT CONTROLLING,
WITNESS, AND PERMENANT MONUMENTS; AND SHALL FILE THE REQUISITE CORNER RECORD OR RECORD OF
SURVEY OF THE REFERENCES WITH THE COUNTY SURVEYOR.
_____________________________________ _____________________
ENGINEER/SURVEYOR SEAL & SIGNATURE DATE
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Covenant documents are available at http://www.dpw.lacounty.gov/bsd/publications/index.cfm. Search for Offsite
Covenants (Offsite Covenants.pdf)
Note: Structures that extend offsite require separate permits and may not be allowed under offsite covenants.
TRACT OR PARCEL MAP GRADING PLANS
10. A copy of the following items must be provided for reference with your grading submittal: (Plans can not be approved until
a copy of the conditions has been provided.)
❑ Approved tentative map & conditions and/or conditional use permit (CUP)
❑ A copy of the Final Tract or Parcel Map
❑ Approved Hydrology, storm drain plans, street plans, (If submitting revised grading plans a copy of the approved
grading plan should be provided).
11. The proposed graded pad elevations and contours do not substantially conform to the approved tentative map. Obtain
and submit Regional Planning approval. Department of Regional Planning, 320 W. Temple, Hall of Records, Los Angeles
(213) 974-6411
12. All conditions of tentative approval for the subject property must be incorporated on the plans. Plans do not conform due
to the following:
________________________________________________________________________________________________
________________________________________________________________________________________________
13. Deed Restrictions for the private maintenance of drainage devices on lots will be required prior to Tract clearance by the
Drainage and Grading Unit. Place the following note on the plans "Deed Restrictions are required for Lots
_________________________________________________ for private maintenance of drainage devices.
14. Screen walls specifically required by the conditions of approval for Tracts or Parcel Maps must be shown on, and bonded
per grading plans.
15. Show and label on grading plans all dedicated “open space” lots.
16. For subdivision projects, all improvements within street right-of-way or storm drain easement must be labeled "Construct
per The Approved Street Plans" or “Construct per the Approved PD No_________”
MISCELLANEOUS DOCUMENTATION
17. Prior to issuance of grading permit by the local Building and Safety District Office, obtain and provide the following:
a. Submit, with signatures of the owner and all consultants, the acknowledgment forms concerning the employment of
a Design/Field Engineers and Project Consultants. See attached copies of consultant forms (Documents “A” and
“B”) to be submitted at the local Building and Safety Office prior to issuance of the grading permit.
b. The grading application has expired. Plans will not be reviewed until an extension (if eligible) or new plan check fees
are paid. (106.4.1)
c. Uncertified fill is present on the site. A Restricted Use Area “RUA” Covenant is required. A draft copy of the
covenant including all exhibits, which identify limits of depth of the uncertified fills, must be reviewed and approved
prior to recordation.
d. Obtain Sewer Demolition Permit from building and safety for the existing septic tank or seepage pit to be abandoned.
GENERAL REQUIREMENTS TO BE SHOWN ON THE PLANS
18. The following information is to be included on the Cover Sheet of the grading plans. (J104.2.3)
a. Add all applicable grading notes and completed Grading Project Information to the cover sheet (first sheet) of
grading plans, see enclosed grading notes and project information. Cover sheet should have a Title Block for Design
Engineer which includes designers name, company, and phone number.
b. Provide a vicinity sketch which clearly shows project site location.
c. Provide benchmark information and reference all information utilized to determine survey elevations. If multiple
benchmarks were utilized, benchmarks should be indicated on all pages as applicable.
d. A legend must be provided that identifies existing and proposed contours, cut/fill daylight lines, over -excavation
limits, wall location, property lines, right-of-ways, easements, County/City boundaries, utilities, storm drains, etc.
e. Provide an index map that clearly identifies project boundaries and page locations of proposed grading.
19. The following general information or details must be included on the grading plans. (J104.2.3)
a. Prior to grading plan approval, all sheets of grading plans and calculations must be stamped and signed by a
California Registered Civil Engineer, Soils Engineer, and Geologist.
b. Boundary lines, tract boundaries, lot lines, county/city boundaries, road right -of-way lines, and easements must be
identified and labeled on plans.
c. Show existing contours of entire site. Clarify between original (natural) and proposed contours. All existing grading
must be permitted and meet current Code requirements.
d. North arrow and scale of plans. Plan scale shall be 1"≤40'.
e. Clearly indicate location of any existing or proposed structures on the site and any structures on adjacent land within
15 feet of the property line.
f. Show location of existing and/or proposed septic tanks, pits, and leach fields.
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g. Show location, specify trunk diameter and tree number, show and label canopy (dripline) and protected zone of all
protected trees on grading plans. All work which impacts these protected tree specicies must be per an approved
Planning Approval.
h. Show legal and physical access from subject lot(s) to a publicly maintained street. (Note: Details of access are not
required on the grading plans, if separate street plans are being processed through Land Development Division)If
access to subject lot extends through adjacent lot(s), provide the following information:
• Show all access easements information on plans including easement bearings, distances, curve data and
easement description.
• Provide a list of all existing onsite easements document numbers and recording dates.
i. Show location, width, slope of access road, and Fire Department turn -around. In areas where access is difficult due
to the topography, Fire Department approval is required prior to grading approval and will be indicated below.
20. The following Geotechnical/Geological information or details must be included on grading plans. (J104.3)
a. Show subdrains under all fills to be placed in natural drainage courses unless the soils engineer specifically
recommends the omission of such drains. (J107.2) Provide a detail of subdrain construction and materials as
recommended by the soils engineer. The outlet should be embedded in concrete for its protection. Details and
location of the outlet must be shown on plans.
b. Fill placed over existing terrain steeper than 5:1 gradient and fill exceeding 5 feet in depth must be properly keyed
and benched into bedrock or other competent material. Provide a keying and benching detail with all dimensions as
determined by a Soils Engineer. (J107.3)
c. Combination fill-over-cut slopes cannot be approved unless specifically recommended by the soils engineer and
geologist. Provide a cross-sectional detail of each slope as shown on the plan.
d. Show location and cross-sectional detail of all buttress fills, stabilization fills, blanket fills (seals), shear keys, and/or
other similar protective measures recommended by the project geologist or soils engineer. Plan view should clearly
identify limits and location of all keyways and other protective measures.
e. No oversized material is to be placed into proposed fills unless specifically recommended and inspected by a Soils
Engineer and approved by the Building Official. If recommended by the Soils Engineer, indicate the location of rock
disposal area(s). Include the elevations, extent, compaction methods, and cross -sections. As-graded plans must
show the exact location and elevation of rock disposal area(s).
f. Outline the proposed area to be over-excavated and recompacted in the plan view and show the depths clearly in
either plan or a profile view as recommended by the soils engineering and/or geological report. This includes
alluvium and colluvium removals.
g. Show location of cut-fill contact (daylight line) using special lines and indicate cut and fill side of line.
21. All graded slopes shall be shown on the plans as follows:
a. Define slopes by finished/proposed contour lines.
b. Specify proposed slope angle ratio of all cut and fill slopes (use ratio of horizontal to vertical distance).
c. Label proposed slopes as "cut" or "fill."
d. Indicate proposed cut and/or fill slope areas on plan by shading.
e. Show and label slope setbacks from top and/or toe of both existing and proposed slopes to property lines or building
locations. Setbacks must conform to minimum requirements of LACBC Sections J108 and 1808.7, and LACRC
Section R403.1.7. Encroaching into the setback from a property line will require a notarized and recorded offsite
covenant from adjacent property owner accepting the encroachment.
f. For slopes with a surface gradient steeper than 2:1, the Geotechnical Engineer sha ll submit satisfactory soil test
data and engineering calculations to substantiate the stability of all such slopes and slope surfaces under saturated
conditions. (J106.1)
g. No fill may toe out on existing terrain that has a slope steeper than 2:1, unles s substantiated by a Registered Soils
Engineer and approved by the Building Official. (J107.2)
22. Site Development and Grading shall be designed to provide access to all entrances and exterior ground floor exits for
structures, and access to normal paths of travel (11B-206). The following Accessibility details must be included on the
grading plans.
a. Surface slopes of accessible parking spaces shall be the minimum possible and shall not exceed one unit vertical
to 50-units horizontal (2-percent slope) in any direction. (11B-502.4)
b. Ramp shall not encroach into any accessible parking space or the ad jacent access aisle. The maximum cross
slope in any direction of an accessible parking space and adjacent access aisle shall not exceed 2 percent.
(1109A.8.2)
c. Provide a bumper or curb in each parking area to prevent encroachment of cars over the required width of
walkways. (11B-502.7.2)
d. Provide a continuous common surface for walks and sidewalks, not interrupted by steps or by abrupt changes in
level exceeding ½”. (11B-403) Should change not exceeding ½” occur, they shall be beveled with a slope no
greater than one unit vertical to 2 units horizontal (50 percent), except that level changes not exceeding ¼” may
be vertical. (11B-403.4, Fig 11B-303.2 & 11B-303.3)
e. Provide a curb ramp for abrupt changes in level greater than ½”. (11B-303.4)
f. Walk and sidewalk surface cross slopes shall not exceed ¼” per foot. (11B-403.3)
g. Walks, sidewalks, and pedestrian ways shall be free of gratings whenever possible. For gratings located in the
surface of any of these areas, grid openings in gratings shall be limited to ½” in the direction of traffic flow. If
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gratings have elongated openings, they shall be placed so that the long dimension is perpendicular to the
dominant direction of travel. (11B-302.3, Fig 11B-302.3)
h. Maximum slopes of adjoining gutters, road surface immediately adjacent to the curb ramp or accessible route,
shall not exceed one unit vertical to 20 units horizontal (5 percent slope) with 4 feet of the top and bottom of the
curb ramp. (11B-406.2.1) The slope of the fanned or parallel curb ramps shall not exceed one unit vertical to 12
horizontal (8.3 percent slope). (11B-406.3.1 & 11B-406.4.1)
i. The maximum slope of a ramp that serves any exit way, provides access for persons with physical disabilities, or
is in the accessible route of travel shall be 1 foot rise in 12 feet of horizontal run (8.3 percent gradient). The least
possible slope shall be used for any ramp. (11B-405.2)
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) REQUIREMENTS
STORM WATER POLLUTION PREVENTION REQUIREMENTS
23. All active grading projects with grading proposed within the rainy season, October 15 to April 15, require a n Erosion and
Sediment Control Plan (ESCP). Grading permits will not be issued until ESCPs are approved or details for erosion control
are included with the grading plan. (J110)
Grading projects with a disturbed (graded) area 1 acre or greater may use a State SWPPP to meet ESCP requirements.
24. The following requirements to control and protect pollutants generated from grading construction activities are based on
the project size:
a. For small residential construction sites with a disturbed (graded) area less than one acre, stormwater pollution
control measures (BMPs) must be incorporated on the site during construction. Attached Best Management
Practice (BMP) notes must be placed on plans. (see attached BMP notes)
b. For all new Non-residential projects with an area less than one acre, an ESCP must be reviewed and approved prior
to approval of the grading plans. Please see enclosed ESCP review sheet. (LACGBC 5.106.2)
c. For all construction sites with a disturbed (graded) area of one acre or greater or as determined by the building
official, an ESCP must be reviewed and approved prior to approval of the grading plans. Please see enclos ed
ESCP review sheet.
d. For projects with one acre or greater of disturbed area, a State Storm Water Pollution Prevention Plan (STATE
SWPPP) must be prepared and a “Notice of Intent” (NOI) filed with the State Water Resources Control Board. Prior
to grading approval applicant must file a NOI and obtain a Waste Discharger identification number (WDID) from the
State Water Resources Control Board.
DRAINAGE REQUIREMENTS
GENERAL
25. The following drainage information or details must be included on grading plans. (J104.2.3)
a. Show contours, topography, elevations, flow lines, & flow arrows as necessary to define site drainage.
b. Provide complete construction details of all drainage devices proposed on project grading plans. Plan must show
materials, dimension, location, construction notes , cross sections, and elevations needed to construct proposed
devices. All drainage devices must be defined by showing finished flow line elevations and slopes. Plans must
reference LACDPW or Standard Plans for Public Works Construction (APWA standards) as applicable. Complete
details for all other proposed devices must be shown on plans. Plans must include all applicable notes and
specifications.
c. Show the location of any existing or proposed storm drains and associated easement and reference them on the
plans. Show all details including pipe sizes, invert elevations, type of construction material, inlet and outlet
structures, energy dissipater, profiles, etc.
d. Provide a cross-section of access road to define drainage.
e. Clean outs are required at all points of closed drains where the grade changes from a steep to a relatively flat slope.
The manhole(s) or cleanout(s) must be detailed on the plans and easily accessible. Clean outs must be provided
every 50 feet for residential projects.
f. Provide concrete interceptor swales, to handle tributary flow and debris at locations shown on the plans. Concrete
swales are required to be paved with three (3) inches minimum thickness of concrete or gunite with minimum
reinforcement of 6 x 6 - 10/10 welded wire fabric (WWF). Details of concrete swale(s) must be shown on the
grading plan.
g. Show flow elevation of all drainage devices at inlets, outlets, grade breaks and at 100' intervals where applicable.
h. Define roof drainage. Show down spout and location of discharge to ground surface which shall be at least 5 feet
from foundations walls or to an approved drainage system. Unless otherwise recommended by a Geotechnical
Engineer (LACRC R801.3).
26. Drainage is not permitted to sheet over any manufactured slope except in approved devices. Concentrated drainage is not
permitted to discharge onto any graded slope. Berms, interceptor drains, swales or other devices shall be provided at the
top of cut or fill slopes to prevent surface waters from overflowing onto and damaging the face of a slope.
a. A paved interceptor drain is required at the top of graded slope(s). Interceptor drains shall be installed along the
top of graded slopes greater than 5 feet in height receiving drainage from a slope with a tributary width greater than
30 feet measured horizontally. Interceptor drains shall be a minimum depth of 1 foot and a minimum width of 3 feet.
The interceptor drain slope shall not be less than 50 units horizontal to 1 unit vertical (2 percent) and must be paved
with three (3) inches minimum thickness of concrete or gunite with minimum reinforcement of 6x6 - 10/10 welded
wire fabric (WWF). Details of interceptor drain(s) must be shown on the grading plan (J109.3)
b. An earthen berm at the top of fill slope for slope protection. Earthen berms shall not be less than 12 inches above
the level of the pad and shall slope back at least 4 feet from the top of the slope. (J109.3)
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27. Clearly define drainage pattern at the property line(s). Define offsite drainage pattern tributary to subject site. Plans should
clearly define off site areas that contribute to the site by showing, contours, elevations, or flow lines & arrows as applica ble.
Plans must demonstrate how tributary drainage will be conveyed through and around the proposed site. If applicable, an
offsite map at a scale of no less than 1"=1000' may be used to define the offsite tributary areas. A scale greater than
1"=1000' will be required if contours or elevations are insufficient to establish flow conditions.
28. Cut-off walls are required on all inlet and outlet structures. Details must be shown on plans.
29. Velocity reducers (i.e. energy dissipaters) are required where drains discharge onto natural ground. If riprap is to be used
specify class and size. Outlet velocities from proposed drainage devices must be designed to minimize erosion. Show on
plan and provide cross section detail which shows thickness, length, and embedment depth of rocks.
30. Provide parkway drain per county/city standards (If located in Road Right of Way a separate permit for work will be required,
see Agency Referral Sheet).
DRAINAGE ANALYSIS
31. Any alteration of the natural drainage pattern, as a result of the proposed grading and construction requires a drainage
release covenant (See item # 9). Hydrology/hydraulic analysis are required to determine if changes in Pre-development
and Post-development conditions have occurred. (J109.4)
32. Submit hydrology and hydraulic calculations for sizing of drainage devices proposed on the grading plans. Hydraulic
Analysis should be provided for sizing of all pipes, inlets, swales, energy dissipaters, parkway drains, cutoff walls, levee
linings, or other proposed drainage devices. (Calculations should be signed and stamped by a Civil Engineer registered
in California.)
33. Proposed project has grading or structure locate d near or within in a flood hazard. Provide hydrology/hydraulic analysis
for determining flood hazard limits and impacts due to the proposed project. Grading or structures inside a flood hazard
area must be protected. Plans showing for protecting or rem oving the Flood Hazard must be prepared by a California
Registered Civil Engineer and demonstrate structures are adequately protected. Details of all protective measures must
be shown on the grading plans.
34. This property is in a Federally Designated Special Flood Hazard Area. Buildings and structures constructed in whole or in
part in flood hazard areas must comply with LACBC Sections 1612 and LACRC Section R322.1.9. All work within Zone A
must meet requirements of the National Flood Insurance Prog ram (NFIP), Chapter 44, Section 60.3. The minimum floor
elevation for proposed structures shall be________________ per Bench Mark reference no. _________________, FIRM
panel No. _____________, Flood Zone_______________, Floodway name_______________ or as determined in
accordance with Sections 1612.3.1 and R322.1.4.1. An elevation certificate will be required to be filed at the local office of
Building and Safety Once the finished floor elevation has been established. The certificate must be completed by a
California Registered Civil Engineer or a Land Surveyor as per Sections 1612.5 and R322.1.9. Provide hydrology/hydraulic
analysis to determine the water surface elevation.
❑ Place the following note on the cover sheet:
This site is in a Federally Designated Special Flood Hazard Area. All future buildings, and other structures (including walls
and fences) proposed within Zone A must meet requirements of the National Flood Insurance Program (NFIP), Title 44,
Section 60.3 and Title 26, Sections 110.1 and 110.2 of the Los Angeles Building Code.
35. The proposed Tract or Parcel Map grading work impacts or encroaches into the Federal Designated Flood Zone "A." It will
be necessary to process a Conditional Letter of Map Revision (CLOMR) before this grading plan can be approved. Please
see attached information for processing CLOMRs (may be required for large single lot developments as determined by the
Building Official).
36. For items #31 through 35 above the following analysis is required:
a. A hydrology study per LACDPW Rational or Modified method is required. See LADPW Hydrology Manual for
requirements. The Rational Method may be used for sub areas less than 40 acres and when storage routing is not
necessary. Time of Concentrations may be determined using the “Hydrocalc Program” which is available at:
http://www.dpw.lacounty.gov/wrd/publication/
b. A gradual varied flow analysis is required (WSPG, HEC-II & HEC-RAS or an approved program) The analysis shall
address adverse effects on the grading and adjacent properties. Proposed structures shall be designed with
considerations of flood forces i.e.: impact, scour, and buoyancy.
LOT DRAINAGE
ROUGH GRADED PADS
37. Label sufficient pad finish spot elevations to verify pad area will have a minimum slope of 2% toward the intended drainage
outlet. Label rough graded pad slope, 2% minimum. (J109.5)
FINE (PRECISE) GRADED PAD
38. Show location of proposed structure(s) on building pad(s). Buildings, foundations, pools and building footing s must comply
with slope setback requirements (1808A.7 and R403.1.7) and building setback requirements per (Title 22, Zoning Code).
Define fine drainage around structure by providing flow directional arrows and appropriate flow line elevations of graded
swale to verify slope from the high point to the point of outlet. All graded swales must have a minimum slope of 1% towards
street or acceptable outlet and side slopes of 2% minimum and 21% maximum. Paved (concrete) surfaces may drain away
from structures at a minimum slope of ½%. Specify graded swales high point elevations and graded swale elevations at
building corners. Alternate setbacks shall be approved by GMED in accordance with 1808A.7.5.
39. Provide a detail of typical side swale between adjacent lots.
40. Label the finish floor (FF), finish pad (FP) elevations and adjacent grades to proposed buildings.
41. Provide a minimum grade fall of 6 inches within the first 10 feet from foundation wall. Show flow arrows to define drainage
pattern around proposed structures. (LACRC R401.3 – See allowable exceptions)
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42. Show a detail on the plan of paved side swales when a stoop, fireplace, A/C unit, or other obstruction is within five feet of
the property line and/or top or toe of slope.
SUMP CONDITIONS & PUMPS
43. The project requires a sump pump to outlet drainage from the site. Submit sump pump sizing calculations along with pump
manufacturers design information and rating curves. Plans must show complete details for sump pumps on the plans
including, pipes, valves, dimensions, material type and size, elevations, cross sections, and construction notes. A separate
electrical permit from Building and Safety is required. Calculations must be prepared, signed, and stamped by a California
Registered Civil Engineer. A recorded covenant is also required for maintenance of the Sump Pump. A draft copy of the
covenant including all exhibits must be reviewed and approved prior to recordation.Sump Pump Manual (6-15-2016).pdf
(lacounty.gov)
TERRACE DRAINAGE REQUIREMENTS TO BE SHOWN ON PLANS
44. Drainage terraces at least 8 feet in width shall be established on all cut or fill slopes steeper than 3:1 at not more than 30 -
foot vertical intervals to control surface drainage and debris. When only one terrace is required it shall be at mid -height.
Drainage terraces are required to be paved with three (3) inches minimum thickness of concrete or gunite with minimum
reinforcement of 6 x 6 - 10/10 welded wire fabric (WWF). Show a detail of terrace on the grading plan. (J109.2)
45. For slopes steeper than 3:1 gradient and between 100 feet and 120 feet in height, one drainage terrace near mid -height
shall be provided and not be less than 20 feet in width, a minimum of 8 feet of which must be paved. (J109.2)
46. Erosion is a problem for all graded slopes higher than 30 feet. For slopes flatter than 3 units horizontal to 1 unit vertical and
steeper than 5 units horizontal to 1 unit vertical, a paved swale or ditch shall be installed at 30 foot vertical intervals to
control surface drainage and debris. Swal es shall be sized based on contributory area and have adequate capacity to
convey intercepted waters to the point of disposal as defined in Section J109.5. Swales must be paved with reinforced
concrete not less than 3 inches in thickness, reinforced with 6-inch by 6-inch No.10 by No.10 welded wire fabric or equivalent
reinforcing centered in the concrete slab or an equivalent approved by the Building Official. Swales must have a minimum
flow line depth of 1 foot and a minimum paved width of 18 inches. Swa les shall have a minimum gradient of not less than
5 percent. There shall be no reduction in grade along the direction of flow unless the velocity of flow is such that slope de bris
will remain in suspension on the reduced grade.
47. Demonstrate that the maximum length of terrace or swale that may contribute to any down drain is 300 feet in any direction
as required. (J109.2)
48. Provide open down drains unless specifically approved by the Building Official.
49. Provide a detail on the plans of transition structures for open drains where the grade changes from a steep to a relatively
flat slope.
50. Show flow line elevations of all drainage terraces at each change in grade and at approximate 100 feet intervals. The flow
line gradient can be no less than 5% and no greater than 12%. There shall be no reduction in grade along the direction of
flow unless it can be shown that the velocity of flow will be such that the debris will remain in suspension on the reduced
grade to prevent silt deposition. (J109.2)
51. Terrace drains are to be used for drainage generated from manufactured slopes. Provide separate drainage system for
natural areas. The draining of natural slope runoff to terrace drain system is not permitted. The terrace drain system is on ly
designed and intended to drain flows generated from the slope itself.
52. Sufficient access for the maintenance of slope and terrace drains must be provided and shown on plans.
RETAINING WALL AND FREE STANDING WALLS
53. STANDARD RETAINING AND SCREEN WALLS -- These walls are not plan checked, constructed, inspected, or permitted
per the grading permit. Separate plan checking and permitting is required. Label all standard retaining walls “To be
constructed per separate permit”. Retaining wall permit(s) and grading permit must be issued concurrently.
54. GENERAL WALL COMMENTS
a. Define proposed drainage scheme around walls. Flows tributary to top of proposed retaining wall(s) must be
conveyed around the wall(s) by a concrete swale or an approved drainage system (i.e. inlet and pipe). Provide
details of drainage system or swale. Show flow line elevations, swale, inlet, and outlet details.
b. Show and label applicable setbacks from walls to structures and top and/or toe of both existing and proposed sl opes
and property lines.
55. SEGMENTAL EARTH (GEOGRID) RETAINING WALLS: These walls are plan checked, constructed, bonded, and
inspected per the grading plans and permit. The following is required for the proposed geogrid wall:
a. Details and stability analysis for geogrid walls must be approved by the Soils and Geology Section of the
Department’s Geotechnical and Materials Engineering Division. Please see attached GMED Plan Check Referral
Form for instructions.
b. Provide on plans all manufacturers construction instructions and installation procedures for the construction of the
segmental earth retaining walls. Proposed wall systems must have an approved ICBO Evaluation Report/ICC -ES
Legacy Report, which must be labeled on the p lan. Walls not approved through a report will require additional
review by Research Section.
c. The geogrid fabric must be mechanically anchored to the facing units. Provide details of the facing unit and the
mechanical connection.
d. Provide adequate wall sections (wall face, endpoints, curves/corners, areas adjacent to drainage courses) and label
the geogrid type, location, spacing and embedment length behind the interior face of the block unit.
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e. Label all pertinent geotechnical recommendations, such as maximum allowable rock size, placement/compaction
specifications for the backfill, overexcavation, and minimum distance from compaction equipment to wall face.
f. In order to prevent future damage to the geogrid wall, a Restricted Use Area (RUA) for the embedment area of
reinforcing geogrid must be recorded. This area shall extend 10’ horizontally beyond the limits of the embedment
area. Show and label the RUA on the grading plans including bearings and distances of boundary.
❑ For Subdivisions, the RUA must be established and recorded on the Final Tract or Parcel Map.
❑ For Non – Subdivisions, a sketch and restricted use covenant must be recorded on the property.
SLOPE PLANTING, IRRIGATION AND EROSION CONTROL
56. The surface of all cut slopes more than 5 feet in height and fill slopes more than 3 feet in height shall be protected against
damage from erosion by planting with grass or ground cover plants. (J110.1) Slopes exceeding 15 feet in vertical height
shall also be planted with shrubs, spaced at not to exceed 10 feet on centers; or trees, spaced at not to exceed 20 feet on
center; or a combination of shrubs and trees at equivalent spacing, in addition to the grass or ground cover plants. The
plants selected and planting methods used shall be suitable for the soil and climatic conditions of the site.
Note: Planting may be modified for the site if specific recommendations are provided by both the Soils Engineer and a
Landscape Architect. Specific recommendations must consider soils and climatic conditions, irrigation requirements,
planting methods, fire retardant characteristics, water efficiency, maintenance needs, and other regulatory requirements.
Recommendations must include a finding that the alternative planting will provide a permanent and effective method of
erosion control. Modifications to planting must be approved by the Building Official prior to installation.
57. Slopes required to be planted by Subsection J110.3 of the Building Code and as indicated in item no. 79 above shall be
provided with an approved system of irrigation that is designed to cover all portions of the slope. For slopes less than 20
feet in vertical height, hose bibs to permit hand watering will be acceptable if such hose bibs are installed at conve niently
accessible locations where a hose no longer than 50 feet is necessary for irrigation.
Note: The requirements for permanent irrigation systems may be modified upon specific recommendation of a landscape
architect or equivalent authority that, because of the type of plants selected, the planting methods used and the soil and
climatic conditions at the site and irrigation will not be necessary for the maintenance of the slope planting.
58. For items no. 56 and 57 above, the following is required:
a. For slopes less than 20’ in vertical height, notes no. 4 8 and 49 of the attached general notes must be added to the
grading plans.
b. For slopes 20’ or more in vertical height, provide a landscape and irrigation plan specifying the selected planting
and irrigation for all graded slopes. Include the selection and spacing of all ground cover, shrubs, and trees, in
addition to location and details for the selected irrigation system. The plan should address all manufactured slopes
that are proposed on the grading plans. A separate plumbing permit may be required for the proposed irrigation
system. The landscape plan must be stamped by a licensed civil engineer or landscape architect.
59. All developments that fall into one of the following categories must obtain a Landscape Permit (Title 23 of California Code
of Regulations, Chapter 2.7, Division 2 of “Model Water Efficient Landscape Ordinance (MWELO)”. See exemptions in in
same section for historic sites, ecological, cemetereies, or mine reclamation projects:
New Proposed Irrigated Landscape 500 square feet or greater
Rehabilitated Irrigated Landscape 2500 square feet or greater
a. Specify both here and on the plans: The total proposed landscape area is ___________________ square feet.
a. Submit Landscape Plans to Land Development Division for review and approval. Landscape Plans must be approved,
and a Landscape Permit issued prior to Rough Grade approval. Land Development Division is located at 900 S.
Fremont Ave 3rd Floor, Alhambra, CA 91803. Apply for a Landscape Efficiency Plan at
https://epicla.lacounty.gov/energov_prod/SelfService/#/home/
b. Note no. 50 of the attached general notes must be added to the grading plans.
c. Projects having landscaping equal to or less than 2500 square feet and are proposing rainwater storage or graywater
use for irrigation is subject only to Appendix D Section (5) of MWELO. Submit landscape plans to Land Development
Division as directed in 83 b. Consult LA County Public Health for additional requirements
https://dpw.lacounty.gov/wwd/web/Documents/Graywater%20System.pdf. Approval from Regional Water Quality
Control Board and LA County Building and Safety Plumbing Section may also be required.
60. All Landscaping requires a Smart Irrigation Controller. Automatic irrigation system controllers for landscaping shall be
installed at the time of final inspection and shall comply with the following:
i. Controllers shall be weather or soil moisture based controllers that automatically adjust irrigation in
response to changes in plants’ needs as weather conditions change.
ii. Weather based controllers without integral rain sensors or communication systems that account for local
rainfall shall have a separate wired or wireless rain sensor which connects or communicates with the
controller(s). Soil moisture based controllers are not required to have rain sensor input.
□ Show location where Smart Irrigation Controller is to be installed and label manufacture name and model
number.
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LOW IMPACT DEVELOPMENT (LID) Requirements
All development must comply with the County of Los Angeles’ Title 12, Chapter 12.84 (LID).
LID standards are intended to distribute stormwater and urban runoff across developed sites to help reduce adverse water qual ity
impacts and replenish groundwater supplies. The LID Manual is available at the following link: http://dpw.lacounty.gov/ldd/web/
Under the NPDES permit (LACBC Section 106.4.3) and the County of Los Angeles LID ordinance, priority projects are required
to prohibit the discharge of pollutants from property developments. Preventing these pollutants from entering stormwater
discharge system will be accomplished by requiring the installation and maintenance of post-construction treatment controls. (Best
Management Practices (BMPs)
Residential development of 4 units or less:
□ New development, hillside development, redevelopment, alterations, or additions which alter 50% or more of
impervious surfaces, entire site shall meet LID requirements.
61. Residential development of 4 units or less must implement a minimum of two LID Best Management Practice (BMP)
alternatives as indicated in Section 3.2 and Appendix E – Stormwater Quality Control Measure Fact Sheets of the LID
Manual. Plans must show complete construction details, ma terials, manufacturer, model number, dimensions, location,
structures, slopes, construction notes, specifications, cross sections, elevations, and setbacks from property lines needed
to construct proposed LID BMPs. BMPs should be designed so as not to adversely impact building foundations, pavement,
slope stability, or an adjacent property. For hillside properties all catch basins and inlets that discharge into an existing or
proposed storm drains must be labeled to discourage illegal dumping of pollutants . Stencils are available at your local
Building and Safety office.
a. Permeable Porous Pavement or other impervious surfaces (at least 50% of pavement on lot shall be porous)
• Show detail of placement, base, geotextile, subgrade, and soil preparation pe r manufacturer’s specifications.
• The required soils report must address percolation and manufacturer’s recommendations and guidelines.
• H-20 loading is required for Fire Department access.
• A minimum of 30” deep impervious liner or edge restraint is required within 5’ of public right of way, property lines,
and structures unless otherwise recommended by a soils engineer.
b. Downspout routing (choosing one of the options below satisfies 1 of 2 required BMPs )
□ Cistern/rain barrel (Option 1)
• Show location of cistern/rain barrels. Rain barrels should be designed to store 200 gallons and be located
such that roof run-off is equally distributed. Rain gutters & downspouts shall be shown on plans.
• Plans shall show hose bibs or pump systems for discharge and watering of landscaping. (Note: A separate
electrical permit is required for pump systems).
• A plumbing permit is required for backflow prevention devices when the discharge system is tied into a
landscaping irrigation system served by a potable water source.
• H-20 loading is required for underground cisterns located in an area subject to traffic conditions.
• Plans should include manufacturer specifications and notes for rain barrels. See provided guidelines.
□ Rain garden/Stormwater Planter (Option 2)
• Surface area of flow through type planter box shall be designed and sized to treat 200 gallons. Planter
must have a 18” minimum top soil layer and 12” minimum gravel layer. The infiltration type planter box shall
be designed to infiltrate 200 gallons over a 48 hour period.
c. Divert Runoff/Disconnect Impervious Surfaces (Hillsides > 25% slope must comply with this requirement)
• Show driveway, roof, and other impervious surfaces to drain toward pervious landscaped areas. The ratio of
impervious to pervious area shall be no less than 2:1. This ratio must be identified on plans for each affected area.
A minimum of 90% of the untreated impervious area shall be routed toward vegetated areas or water quality BMPs.
d. Dry well
• Show details including the following: location, cross section details, liner materials, subbase, and all manufacturer’s
specifications and/or recommendations from soils engineer. The required soils report shall address dry well and
manufacturer’s specification and requirements.
• The system should be designed to store and infiltrate a minimum of 200 gallons of stormwater within a 48 hour
period.
• Provide calculations to determine the infiltration volume for sizing of well and determine time of infiltration to
percolate 200 gallons.
• A filter or sediment control is required to filter water entering the dry well.
• Drywells that are deeper than their widest dimension are defined by the EPA as Class V injection wells, and are
subject to inventory requirements under the Safe Drinking Water Act and must be registered at the following link
with the EPA as injection wells. http://www.epa.gov/region09/water/groundwater/injection-wells-register.html. If this
type of dry well is proposed, provide copy of registration.
e. Landscaping and landscape irrigation
• Show a minimum of two 15-gallon trees to be planted and maintained. Trees shall be located near impervious
surfaces (10 foot maximum distance). One of the trees may be on the drought -tolerant plant list as required under
the County’s Green Building Ordinance (http://planning.lacounty.gov/assets/upl/project/green_drought-tolerant-
garden.pdf). In Very High Fire Hazard Severity Zones, applicant should verify compliance with Fire Department’s
requirements https://www.fire.lacounty.gov/forestry-division/forestry-fuel-modification/.
o Install Smart Irrigation Controllers. (see Comment 86 for requirements)
f. Green Roof
• Show area of green roof on site plan.
• Structural calculations for design of green roof will be required at time of building plan submittal.
• Fire Department approval will be required as part of building plan check.
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62. The following is a list of Designated Projects for new development and redevelopment activities that require
compliance with LA County’s LID ordinance. (See LID manual for additional information)
❑ All development projects equal to 1 acre or greater of disturbed area and adding more than 10,000 square feet of
impervious surface area
❑ Residential new or redeveloped projects that creates, adds, or replaces >10,000 square feet of impervious surface area.
❑ Industrial parks 10,000 square feet or more of surface area
❑ Commercial malls 10,000 square feet or more surface area
❑ Retail gasoline outlets 5,000 square feet or more of surface area
❑ Restaurants (SIC 5812) 5,000 square feet or more of surface area
❑ Parking lots 5,000 square feet or more of impervious surface area, or with 25 or more parking spaces
❑ Street and road construction of 10,000 square feet or more of impervious surface area
❑ Automotive service facilities with 5,000 square feet or more of surface area
❑ Projects located in or directly adjacent to, or discharging directly to a Significant Ecological Area (SEA),where the
development will discharge storm water runoff that is likely to impact a sensitive biological species or habitat; and Create
2,500 square feet or more of impervious surface area
❑ Redevelopment projects identified below*:
o Land-disturbing activity that results in the creation or addition or replacement of 5,000 square feet or
more of impervious surface area
o Development which alters less than 50% of impervious surfaces. Only proposed re -development needs
to meet NPDES requirements.
o Development which alters 50% or more of impervious surfaces. Entire site shall meet NPDES
requirements.
*Impervious surface replacement, such as the reconstruction of parking lots and roadways which does not disturb additional ar ea and
maintains the original grade and alignment, is considered a routine maintenance activity. Redevelopment does not incl ude the repaving
of existing roads to maintain original line and grade.
REQUIREMENTS:
A. New Development and Re-Development Projects must control runoff through infiltration, bioretention, and/or rainfall
harvest and use. Project must retain onsite the Stormwater Quality Design Volume (SWQDv) as defined by the greater
of the following:
• The 0.75-inch, 24 hour rain event or
• The 85th percentile, 24-hour rain event, as determined from the Los Angeles County 85 th percentile
precipitation isohyetal map (www.dpw.lacounty.gov/wrd/hydrologygis) ,.
B. Bioretention and biofiltration systems shall meet the design specifications provided in Appendix E of LA County’s LID
manual. (available at http://dpw.lacounty.gov/ldd/web/). Biofiltration systems shall be entirely open-bottom.
C. When evaluating the potential for onsite retention, each projects must consider the maximum potential for
evapotranspiration from green roofs and rainfall harvest and reuse for both indoor and outdoor use.
D. To demonstrate technical infeasibility, it must be shown that a project site cannot reliably retain 100 percent of the
SWQDv onsite. Technical infeasibility may result from the following:
i. The infiltration rate of saturated in-situ soils less than 0.3 inch per hour.
ii. Seasonal high ground water is within 5 to 10 feet of the surface.
iii. Locations within 100 feet of a ground water well used for drinking water.
iv. Brownfield development sites where infiltration poses a risk of pollutant mobilization.
v. Locations with potential geotechnical hazards.
E. When technical infeasibility has been demonstrated the site must biofiltrate using the following equation for volume
required:
Bv = 1.5 * [SWQDv – Rv] Where: Bv = Biofiltration volume
SWQDv = Stormwater runoff as defined in 88 A
Rv = Volume reliably retained onsite (amount infiltrated)
Show volumes and flow rates on plans as applicable.
Note: For additional alternative compliance measures see Regional Water Quality Control Board Order No. R4-2012-0175 section VI.D.7.c.iii
(http://www.waterboards.ca.gov/losangeles/water_issues/programs/stormwater/municipal/index.shtml )
F. Project sites that outlet to natural drainage systems that are subject to hydromodification shall be in compliance with
LA County’s LID manual, Section 8 (available at http://dpw.lacounty.gov/ldd/web/).
G. The plans must show complete construction details, materials, manufacturer, model number, dimensions, location,
structures, slopes, construction notes, specifications, cross sections, elevations, GPS x-y coordinates for each BMP,
and setbacks from property lines needed to construct proposed LID BMPs. BMPs should be designed as not to
adversely impact building foundations, pavement, slope stability, or an adjacent property .
H. Clearly show driveway/access road drainage and provide BMPs for treatment of driveway flows. Provide elevations,
cross sections, or slopes as applicable.
I. Submit and obtain approval from Environmental Programs Division, Industrial Waste Unit at 900 S. Fremont, Alhambra,
Annex Building, 3rd floor, Alhambra, CA 91803. Please contact EPD by email at IW@pw.lacounty.gov or call (626)
458-3517 for required fees and submittal requirements. An annual operating permit may be required. , . Please note:
prior to obtaining approval from EPD the location and the design flows for all BMPs must be shown on plans and
approved by Building and Safety (This applies to all non-residential projects).
J. Pre-treatment BMPs are required.
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63. Non-Designated Projects.
Non-residential development (Commercial, Industrial) or a residential development consisting of 5 or more
residential units:
□ Development which alters less than 50% of impervious surfaces. Only proposed new impervious areas needs to meet
LID requirements.
□ Development which alters 50% or more of impervious surfaces. Entire site shall meet LID requirements.
A. This project is required to retain the Delta Storm Water Quality Design Volume (∆SWQDv), the difference between the
stormwater runoff volume pre- and post-condition. The SWQDv, from which the ∆SWQDv is calculated, is defined in item
85A of this grading review sheet. ∆SWQDv is defined as the difference in the runoff volume between undeveloped (1%
impervious surface) and post-developed condition. The ∆SWQDv is calculated according to the following equation:
∆SWQDv = Vd – Vu
Where: ∆SWQDv = Increase in stormwater runoff volume from the project [ft3];
Vd = Stormwater runoff volume post-development [ft3]; and
Vu = Undeveloped stormwater runoff volume [ft3] (1% impervious).
If ∆SWQDv cannot be infiltrated due to geotechnical or technical feasibility as indicated in Section 7 of the County’s LID
Manual; onsite storage or other water conservation requirements must be implemented.
B. Provide calculations for sizing of the proposed BMP’s. Calculations must consider ∆SWQDv, percolation rate, and
geotechnical considerations.
C. Plans must show complete construction details, materials, manufacturer, model number, dimensions, location, structures,
slopes, construction notes, specifications, cross sections, elevations, GPS x and y coordinates for each BMP, and setbacks
from property lines needed to construct proposed LID BMPs. BMPs should be designed as not to adversely impact building
foundations, pavement, slope stability, or an adjacent property.
D. Hydrology Calculations to determine the increase in volume due to development is required. For smaller sites, the County’s
Hydrocalc Program may be used for determining Pre- and Post-construction volumes. See Section 6 of County’s LID Manual.
• A drain system is required for all infiltration basins. Drain systems shall discharge to an approved location and must be
shown on site drainage or grading plans. Calculations for sizing of the infiltration basins are required.
64. For LID compliance, all catch basins and inlets that discharge into an existing or proposed storm drain must be labeled to
discourage illegal dumping of pollutants. Stencils are available at your local Building and Safety office.
65. All infiltration basins, dry wells, or planters must comply with the following setbacks
Infiltration Facility Setbacks*
Setback from Distance in feet
Property lines & Public Right of Way 5’ minimum
Any Foundation 15’ or within a 1:1 plane drawn up from the bottom of foundation
Face of any slope H/2, 5’ minimum (H is height of slope)*
Seasonal high ground water 10’ minimum depth to invert
Water wells 100’ minimum
Required Infiltration Time (due to vector control)
BMP Type Duration
Open above ground (includes planting soil or open gravel pit) 48 hours to drain completely
Underground retention 96 hours to drain completely
*unless otherwise recommended by a Soils Engineer and approved by Geotechnical and Materials Engineering
Division.
Note: Infiltration is not allowed in areas where pollutant mobilization is a documented concern, or where undisturbed
soil infiltration rates are less than 0.3 inches per hour, or where infiltration could cause adverse impacts to biological
resources.
66. An Infiltration Report by a Soils Engineer and the grading plans must be reviewed and recommended for approval by the
Geology and Soils Section prior to approval of an Infiltration/Retention - Low Impact Development (LID) BMP. Please see
attached GMED Plan Check Referral Form for instructions. The Infiltration Report must comply with GMED Geotechnical
Memo GS 200.1 and should be presented as its own report. All recommendations and notes as indicated in the soils
engineering report and/or GMED review sheets must be incorporated into the grading plans. The GS 200.1 memo can be
found at: http://dpw.lacounty.gov/gmed/permits/docs/policies/GS200.1.pdf
Gravel Specification for Non-proprietary gravel storage layers must indicate 1.5” to 3” diameter, angular, clean rock
compacted to 90% relative compaction or equivalent determined and field verified by a Soils Engineer.
67. Rainwater harvest and reuse systems that are NOT gravity fed require approval from LA County Public Health, Cross
Connection & Water Pollution Control Program. The application and further information is found at
http://publichealth.lacounty.gov/eh/EP/cross_con/cross_con_main.htm. In addition, approval from LA County, Building and
Safety Plumbing Section is required. Rainwater harvest design and plans must comply with County of Los Angeles,
Plumbing Code, Chapter 16 – Non-Potable Rainwater Catchment Systems.
68. Different types of infiltration facilities such as dry wells, unlined sumps, seepage pits, and infiltration galleries are som e of
the terms used to describe Class V injection wells as defined by the EPA. Register the proposed infiltration facility at the
following online registration form: http://www.epa.gov/uic/forms/underground-injection-wells-registration.
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69. A recorded covenant indicating that the owner of the subject development is aware and agrees to maintain all stormwater
BMP features for this project is required. The covenant shall include operation and maintenance guidelines prepared by the
project civil engineer/architect. See attached LID Covenant Preparation and Recordation instructions. A draft copy of the
covenant including all exhibits must be reviewed prior to recordation.
70. A Statement of Understanding and/or O&M Guidelines must be provided for Capital Projects.
71. Provide Attached LID table on LID Plan or in LID Report.
ADDITIONAL CORRECTIONS: _________________________________________________________________________
___________________________________________________________________________________________________
___________________________________________________________________________________________________
___________________________________________________________________________________________________
___________________________________________________________________________________________________
___________________________________________________________________________________________________
Reviewed By: ______________________________________
_______________________________
_______________________________
_______________________________
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The following project information and grading notes as applicable must be shown on all grading plans.
PROJECT INFORMATION: (Required on Title Sheet of all Grading Plans)
(General Information)
• Grading Permit Application No. GRAD_____________________________ *
• Earthwork Volumes Cut__________(cy), Fill____________ (cy) *
Over Excavation/ Alluvial Removal & Compaction _____________ (cy) *
Export _______(cy), Export Location: ___________________________ *
• Total Disturbed Area __________________ (Acres) *
• Total Proposed Irrigated Landscape Area __________________ Square Feet *
• • Pre-Development (Existing) Impervious area ___________________ (SF) *
• Post-Development (Proposed) Impervious area ___________________ (SF) *
• Waste Discharge Identification Number (WDID #) ________________________________________________
• Construction & Demolition Debris Recycling and Reuse Plan (RPP ID) ________________________________ *
(Property Information)
• Property Address _______________________________________ (If exist * )
• Tract / Parcel Map No. ___________________________ Lot/Parcel No. ________________________
• Property Owner _________________________________________ *
• Assessors ID Number(s) ____________________________________ *
(Zoning, Regional Planning, and other Agency Information)
• Property Zoning: ________________________________________ *
• Intended Land Use: _____________________________________________________________________ *
(For proposed graded areas - i.e. ... Single Family Residence )
• Certificate of Compliance: CC NO._________________________
• Plot Plan Number: PP NO._________________________________
• Conditional Use Permit: CUP NO.______________________ Expiration Date: _______________
• Oak Tree Permit Number: OTP NO.________________________ Expiration Date: _______________
• Community Standards District:_____________________________
• California Coastal Commission Area: _________Yes, ________No Approved volume: ____________(cy)
• Coastal Development Permit CDP___________________________ Expiration Date: _______________
• Fish & Wildlife, Army Corp of Engineers, Regional Water Control Board, AQMD & Other Agency Permits should be added
as applicable. (Permit Number________________, Expiration Date_________________________)
Note: Items marked * are required on all grading plan.
GENERAL NOTES:
1. All grading and construction shall conform to the 2023 County of Los Angeles Building Codes and the State Model Water
Efficiency Landscape Ordinance unless specifically noted on these plans.
2. Any modifications of or changes to approved grading plans must be approved by the Building Official.
3. No grading shall be started without first notifyin g the Building Official. A Pre-gradie meeting at the site is required before
the start of the grading with the following people present: Owner, grading contractor, field engineer, soils engineer,
geologist, County grading inspector(s) or their representatives, and when required the archeologist or other jurisdictional
agencies. Permittee or their agent is responsible for arranging the Pre-grade meeting and must notify the Building Official
at least two business days prior to the proposed pre-grade meeting.
4. Approval of these plans reflect solely the review of plans in accordance with the County of Los Angeles Building Code s
and does not reflect any position by the County of Los Angeles or the Department of Public Works regarding the status of
any title issues relating to the land on which the improvements may be constructed. Any disputes relating to title are solely
a private matter not involving the County of Los Angeles or the Department of Public Works.
5. All grading and construction activities shall comply with County of Los Angeles Code, Title 12, Section 12.12.030 that
controls and restricts noise from the use of construction and grading equipment from the hours of 8:00 PM to 6:30 AM, and
on Sundays and Holidays. (More restrictive construction activity times may govern, as required by the Department of
Regional Planning and should be shown on the grading plans when applicable.)
6. California Public Resources Code (Section 5097.98) and Health and Safety Code (Section 7050.5) address the discovery
and disposition of human remains. In the event of discovery or recognition of any human remains in any location other than
a dedicated cemetery, the law requires that grading immediately stops and no further excavation or disturbance of the site,
or any nearby area where human remains may be located, occur until the following has been measures have been taken:
a. The County Coroner has been informed and has determined that no investigation of the cause of death is required,
and
b. If the remains are of Native American origin, the descendants from the deceased Native Americans have made a
recommendation for the means of treating or disposin g, with appropriate dignity, of the human remains and any
associated grave goods.
7. The location and protection of all utilities is the responsibility of the Permittee.
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8. All export of material from the site must go to a permitted site approved by the Building Official or a legal dumpsite. Receipts
for acceptance of excess material by a dumpsite are required and must be provided to the Building Official upon request.
9. If contaminated soils are encountered at any time during grading ac tivities, permittee shall stop work until an oversight agency approval is received. Contact LA County Fire Site Mitigation Unit at (323) 890-4045 immediately.
10. A copy of the grading permit and approved grading plans must be in the possession of a responsible person and available
at the site at all times.
10. Site boundaries, easements, drainage devices, restricted use areas shall be located per construction staking by Field
Engineer or licensed surveyor. Prior to grading, as requested by the Building Official, all property lines, easements, and
restricted use areas shall be staked.
11. No grading or construction shall occur within the protected zone of any protected tree species as required per
Planning Approval.
12. The standard retaining wall details shown on the grading plans are for reference only. Standard retaining walls are not
checked, permitted, or inspected per the Grading Permit. A separate retaining wall permit is required for all standard
retaining walls.
Note: This note only applies to standard retaining walls. Geogrid fabric and segmental retaining walls do not require a
separate retaining wall permit. Details and construction notes for all Geogrid walls must be on the grading plan.
13. A preventive program to protect the slopes from potential damage from burrowing rodents is required per Section J101.8
of the County of Los Angeles Building Code. Owner is to inspect slopes periodically for evidence of burrowing rodents and
a first evidence of their existence shall employ an exte rminator for their removal.
14. Where a grading permit is issued and the Building Official determines that the grading will not be completed prior to
November 1, the owner of the site on which the grading is being performed shall, on or before October 1 , file or cause to
be filed with the Building Official an ESCP per Section J110.8.3 of the County of Los Angeles Building Code.
15. Transfer of Responsibility: If the Field Engineer, the Soils Engineer, or the Engineering Geologist of record is changed
during grading, the work shall be stopped until the replacement has agreed in writing to accept their responsibility within
the area of technical competence for approval upon completion of the work. It shall be the duty of the permittee to notify
the Building Official in writing of such change prior to the recommencement of such grading.
INSPECTION NOTES
16. The permittee or his agent shall notify the Building Official at least one working day in advance of required inspections at
following stages of the work. (Section J105.7 of the Building Code.)
(a) Pre-grade – Before the start of any earth disturbing activity or construction.
(b) Initial - When the site has been cleared of vegetation and unapproved fill has been scarified, benched or otherwise
prepared for fill. Fill shall not be placed prior to this inspection. Note: Prior to any construction activities, including
grading, all storm water pollution prevention measures including erosion control devices which contain sediments
must be installed.
(c) Rough - When approximate final elevations have been established; drainage terraces, swales and berms installed
at the top of the slope; and the statements required in this Section have been received.
(d) Final - When grading has been completed; all drainage devices installed; slope planting established, irrigation
systems installed and the As-Built plans, required statements, and reports have been submitted and approved.
17. In addition to the inspection required by the Building Official for grading, reports and statements shall be submitted to the
Building Official in accordance with Section J105 of the County of Los Angeles Building Code.
18. Unless otherwise directed by the Building Official, the Field Engineer for all engineered grading projects shall prepare rout ine
inspection reports as required under Section J105.11 of the County of Los Angeles Building Code. These reports, known
as “Report of Grading Activities”, shall be submitted to the Building Official as follows:
1. Bi-weekly during all times when grading of 400 cubic yards or more per week is occurring on the site;
2. Monthly, at all other times; and
3. at any time when requested in writing by the Building Official.
Such “Report of Grading Activities” shall certify to the Building Official that the Field Engineer has inspected the grading site
and related activities and has found them in compliance with the approved grading plans and specifications, the building
code, all grading permit conditions, and all other applicable ordinances and requirements. This form is available at the
following website https://dpw.lacounty.gov/bsd/content/publications.aspx . “Report of Grading Activities” may be scanned
and uploaded in the Attachments tab as a “RGA (Reporting of Grading Activity)” document type for permits in EpicLA or on
the website https://dpw.lacounty.gov/bsd/dg/default.aspx for all other grading projects.. Failure to provide required
inspection reports will result in a “Stop Work Order.”
19. All graded sites must have drainage swales, berms, and other drainage devices installed prior to rough grading approval
per Section J105.7 of the County of Los Angeles Building Code.
20. The grading contractor shall submit the statement to the grading inspector as required by Section J105.12 of the County
of Los Angeles Building Code at the completion of rough grading.
21. Final grading must be approved before occupancy of buildings will be allowed per Section J105 of the County o f Los
Angeles Building Code.
22. A property line survey, prepared by a CA licensed land surveyor or a civil engineer with a license number below C33966,
may be required by the Building Official based upon site conditions in accordance with LACBC Secti on 108.1.
DRAINAGE NOTES
23. Roof drainage must be diverted from graded slopes.
24. Provisions shall be made for contributory drainage at all times.
25. All construction and grading within a storm drain easement are to be done per Private Drain PD No.____________ or
miscellaneous Transfer Drain MTD No. ____________.
26. All storm drain work is to be done under continuous inspection by the Field Engineer. Status reports required under note
18 and Section J105.11 of the County of Los Angeles Building Code shall include inspection information and reports on
the storm drain installation.
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AGENCY NOTES (Add - Applicable Notes)
27. An encroachment permit from (County of Los Angeles Department of Public Works) (CALTRANS) (City of _____________)
is required for all work within or affecting road right of way. All work within Road right of way shall conform to (County o f
Los Angeles Department of Public Works)(CALTRANS) (City of __________ ) encroachment permit.
28. An Flood Construction Permit is required from the County of Los Angeles Flood Control District for all work within the
County of Los Angeles Flood Control District Right of Way. All work shall conform t o conditions set by the Permit.
29. Permission to operate in Very High Fire Hazard Severity Zone must be obtained from the Fire Prevention Bureau or the
local Fire Station prior to commencing work.
30. All work within the streambed and areas outlined on grading plans shall conform to:
• Army Corp 404 Permit Number: __________________ _.
• California Fish & Wildlife Permit No.: ______________ ___.
31. All construction/demolition, grading, and storage of bulk materials must comply with the local AQ MD rule 403 for Fugitive
Dust. Information on rule 403 is available at AQMD’s website http://www.avaqmd.com.
GENERAL GEOTECHNICAL NOTES
32. All work must be in compliance with the recommendations included in the geotechnical consultant's report(s) and the
approved grading plans and specifications.
33. Grading operations must be conducted under periodic inspections by the geotechnical consultants with monthly inspection
reports to be submitted to the Geology and Soils Section. (900 S. Fremont, Alhambra CA 91803 – 3rd Floor)
34. The Soil Engineer shall provide sufficient inspections during the preparation of the natural ground and the placement and
compaction of the fill to be satisfied that the work is being performed in accordance with the plan and applicable Code
requirements.
35. Rough grading must be approved by a final engineering geology and soils engineering report. An As -Built Geologic Map
must be included in the final geology report. Provide a final report statement that verifies work was done in accordance
with report recommendations and code provisions (Section J105.12 of the County of Los Angeles Building Code). The
final report(s) must be submitted to the Geotechnical and Materials Engineering Division for review and approval.
36. Foundation, wall and pool excavations must be inspected and approved by the consulting geologist and soil engineer, prior
to the placing of steel or concrete.
37. Building pads located in cut/fill transition areas shall be over-excavated a minimum of three (3) feet below the proposed
bottom of footing.
FILL NOTES
38. All fill shall be compacted to the following minimum relative compaction criteria:
a. 90 percent of maximum dry density within 40 feet below finish grade.
b. 93 percent of maximum dry density deeper than 40 feet below finish grade, unless a lower relative compaction (not
less than 90 percent of maximum dry density) is justified by the geotechnical engineer.
The relative compaction shall be determined by A.S.T.M. soil compaction test D1557-91 where applicable: Where
not applicable, a test acceptable to the Building Official shall be used. (Section J 107.5 of the County of Los Angeles
Building Code.)
c. 95 percent of maximum dry density is required for all Fire lanes unless otherwise approved by the Fire Department.
39. Field density shall be determined by a method acceptable to the Building Official. (Section J107.5 of the County of Los
Angeles Building Code.) However, not less than 10% of the required density test, uniformly distributed, and shall be
obtained by the Sand Cone Method.
40. Sufficient tests of the fill soils shall be made to determine the relative compaction of the fill in accordance with the foll owing
minimum guidelines:
a. One test for each two-foot vertical lift.
b. One test for each 1,000 cubic yards of material placed.
c. One test at the location of the final fill slope for each building site (lot) in each four-foot vertical lift or portion thereof.
d. One test in the vicinity of each building pad for each four-foot vertical lift or portion thereof.
41. Sufficient tests of fill soils shall be made to verify that the soil properties comply with the design requirements, as deter mined
by the Soil Engineer including soil types, shear strengths parameters and corresponding unit weights in accordance with
the following guidelines:
a. Prior and subsequent to placement of the fill, shear tests shall be taken on each type of soil or soil mixture to be
used for all fill slopes steeper than three (3) horizontal to one vertical.
b. Shear test results for the proposed fill material must meet or exceed the design values used in the geotechnical
report to determine slope stability requirements. Otherwise, the slope must be reevaluated using the actu al shear
test value of the fill material that is in place.
c. Fill soils shall be free of deleterious materials.
42. Fill shall not be placed until stripping of vegetation, removal of unsuitable soils, and installation of subdrain (if any) ha ve
been inspected and approved by the Soil Engineer. The Building Official may require a “Standard Test Method for moisture,
ash, organic matter, peat or other organic soils” ASTM D-2974-87 on any suspect material. Detrimental amounts of organic
material shall not be permitted in fills. Soil containing small amounts of roots may be allowed provided that the roots are
in a quantity and distributed in a manner that will not be detrimental to the future use of the site and the soils engineer
approves the use of such material.
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43. Rock or similar material greater than 12 inches in diameter shall not be placed in the fill unless recommendations for such
placement have been submitted by the Soil Engineer and approved in advance by the Building Official. Location, extent,
and elevation of rock disposal areas must be shown on an “As Built” grading plan.
44. Continuous inspection by the Soil Engineer, or a responsible representative, shall be provided during all fill placement and
compaction operations where fills have a depth greater than 30 feet or slope surface steeper than 2:1. (Section J107.8 of
the County of Los Angeles Building Code)
45. Continuous inspection by the Soil Engineer, or a responsible representative, shall be provided during all subdrain
installation. (Section J107.2 of the County of Los Angeles Building Code)
46. All subdrain outlets are to be surveyed for line and elevation. Subdrain information must be shown on an “As Built” grading
plan.
47. Fill slopes in excess of 2:1 steepness ratio are to be constructed by the placement of soil at sufficient distance beyond the
proposed finish slope to allow compaction equipment to be operated at the outer limits of the final slope surface. The
excess fill is to be removed prior to completion of rough grading. Other construction procedures may be used when it is
demonstrated to the satisfaction of the Building Official that the angle of slope, construction method and other factors will
have equivalent effect. (Section J107.5 of the County of Los Angeles Building Code.)
PLANTING AND IRRIGATION NOTES:
48. Planting and irrigation on graded slopes must comply with the following minimum guidelines:
a. The surface of all cut slopes more than 5 feet in height and fill slopes more than 3 feet in height shall be pro tected
against damage by erosion by planting with grass or groundcover plants. Slopes exceeding 15 feet in vertical height
shall also be planted with shrubs, spaced at not to exceed 10 feet on centers; or trees, spaced at not to exceed 20
feet on centers, or a combination of shrubs and trees at equivalent spacing, in addition to the grass or groundcover
plants. The plants selected and planting methods used shall be suitable for the soil and climatic conditions of the
site. Plant material shall be selected which will produce a coverage of permanent planting effectively controlling
erosion. Consideration shall be given to deep-rooted planting material needing limited watering, maintenance, high
root to shoot ratio, wind susceptibility and fire-retardant characteristics. All plant materials must be approved by the
building official. (Section J110.3 of the County of Los Angeles Building Code)
Note: Planting may be modified for the site if specific recommendations are provided by both the Soils Engineer
and a Landscape Architect. Specific recommendations must consider soils and climatic conditions, irrigation
requirements, planting methods, fire retardant characteristics, water efficiency, maintenance needs, and other
regulatory requirements. Recommendations must include a finding that the alternative planting will provide a
permanent and effective method of erosion control. Modifications to planting must be approved by the Building
Official prior to installation.
b. Slopes required to be planted by Section J110.3 shall be provided with an approved system of irrigation that is
designed to cover all portions of the slope. Irrigation system plans shall be submitted and approved prior to
installation. A functional test of the system may be required. For slopes less than 20 feet in vertical height, hose
bibs to permit hand watering will be acceptable if such hose bibs are installed at conveniently accessible locations
where a hose no longer than 50 feet is necessary for irrigation. The requirements for permanent irrigation systems
may be modified upon specific recommendation of a landscape architect or equivalent authority that, because of the
type of plants selected, the planting methods used and the soil and climatic conditions at the site, irrigation wil l not
be necessary for the maintenance of the slope planting. (Section J110.4 of the County of Los Angeles Building
Code)
c. Other governmental agencies may have additional requirements for landscaping and irrigation. It is the responsibility
of the applicant to coordinate with other agencies to meet their requirements while maintaining compliance with the
County of Los Angeles Building Code.
49. The planting and irrigation systems shall be installed as soon as practical after rough grading. Prior to final grading approval
all required slope planting must be well established. (Section J110.7 of the County of Los Angeles Building Code)
50. Landscape irrigation system shall be designed and maintained to prevent spray on structures. (Title 31, Section 5.407 .2.1)
51. Prior to rough grade approval this project requires a landscape permit. Landscape plans in compliance with the “Model
Water Efficient Landscape Ordinance” Title 23, Chapter 2.7 of California Code of Regulations (AB 1881) must be submitted
to the Department of Public Works, Land Development Division. (900 S. Fremont Ave, Alhambra - 3RD Floor, CA 91803
(626) 458-4921). To obtain Landscape permit approved plans and Water Purveyor acknowledgment form must be
submitted to the local Building and Safety office.
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Best Management Practice Notes (BMP Notes) to be added to all Grading Plans
BEST MANAGEMENT PRACTICE NOTES:
1. Every effort should be made to eliminate the discharge of non-stormwater from the project site at all times.
2. Eroded sediments and other pollutants must be retained on -site and may not be transported from the site via sheet flow,
swales, area drains, natural drainage courses or wind.
3. Stockpiles of earth and other construction related materials must be protected from being transported from the site by the
forces of wind or water.
4. Fuels, oils, solvents, and other toxic materials must be stored in accordance with their listing and are not to contaminate
the soil and surface waters. All approved storage containers are to be protected from the weather. Spills must be cleaned
up immediately and disposed of in a proper manner. Spills may not be washed into the drainage system.
5. Excess or waste concrete may not be washed into the public way or any other drainage system. Provisions shall be made
to retain concrete wastes on-site until they can be disposed of as solid waste.
6. Trash and construction related solid wastes must be deposited into a covered receptacle to prevent contamination of
rainwater and dispersal by wind.
7. Sediments and other materials may not be tracked from the site by vehicle traffic. The construction entrance roadways
must be stabilized so as to inhibit sediments from being deposited into the public way. Accidental dep ositions must be
swept up immediately and may not be washed down by rain or other means.
8. Any slopes with disturbed soils or denuded of vegetation must be stabilized so as to inhibit erosion by wind and water.
9. “I certify that this document and all attachments were prepared under my direction or supervision in accordance with a
system designed to ensure that qualified personnel properly gather and evaluate the information submitted. Based on my
inquiry of the person or persons who manage the system or those persons directly responsible for gathering the information,
to the best of my knowledge and belief, the information submitted is true, accurate, and complete. I am aware that
submitting false and/ or inaccurate information, failing to update the ES CP to reflect current conditions, or failing to properly
and/ or adequately implement the ESCP may result in revocation of grading and/ or other permits or other sanctions
provided by law.”
Print Name _____________________________________________
(Owner or authorized agent of the owner)
Signature ______________________________________________ Date __________________
(Owner or authorized agent of the owner)
The following BMPs as outlined in, but not limited to, the latest edition of the CASQA Construction BMP Online Handbook or
Caltrans Stormwater Quality Handbooks (Construction Site BMP Manual), may apply during the construction of this project
(additional measures may be required if deemed appropriate by the Project Engineer or the Building Official)
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Page 19
EROSION CONTROL
EC1 – SCHEDULING
EC2 – PRESERVATION OF EXISTING VEGETATION
EC3 – HYDRAULIC MULCH
EC4 – HYDROSEEDING
EC5 – SOIL BINDERS
EC6 – STRAW MULCH
EC7 – GEOTEXTILES & MATS
EC8 – WOOD MULCHING
EC9 – EARTH DIKES AND DRAINAGE SWALES
EC10 – VELOCITY DISSIPATION DEVICES
EC11 – SLOPE DRAINS
EC12 – STREAMBANK STABILIZATION
EC13 – RESERVED
EC14 – COMPOST BLANKETS
EC15 – SOIL PREPARATION\ROUGHENING
EC16 – NON-VEGETATED STABILIZATION
TEMPORARY SEDIMENT CONTROL
SE1 – SILT FENCE
SE2 – SEDIMENT BASIN
SE3 – SEDIMENT TRAP
SE4 – CHECK DAM
SE5 – FIBER ROLLS
SE6 – GRAVEL BAG BERM
SE7 – STREET SWEEPING AND VACUUMING
SE8 – SANDBAG BARRIER
SE9 – STRAW BALE BARRIER
SE10 – STORM DRAIN INLET PROTECTION
SE11 – ACTIVE TREATMENT SYSTEMS
SE12 – TEMPORARY SILT DIKE
SE13 – COMPOST SOCKS & BERMS
SE14 – BIOFILTER BAGS
WIND EROSION CONTROL
WE1 – WIND EROSION CONTROL
EQUIPMENT TRACKING CONTROL
TC1 – STABILIZED CONSTRUCTION ENTRANCE EXIT
TC2 – STABILIZED CONSTRUCTION ROADWAY
TC3 – ENTRANCE/OUTLET TIRE WASH
NON-STORMWATER MANAGEMENT
NS1 – WATER CONSERVATION PRACTICES
NS2 – DEWATERING OPERATIONS
NS3 – PAVING AND GRINDING OPERATIONS
NS4 – TEMPORARY STREAM CROSSING
NS5 – CLEAR WATER DIVERSION
NS6 – ILLICIT CONNECTION/DISCHARGE
NS7 – POTABLE WATER/IRRIGATION
NS8 – VEHICLE AND EQUIPMENT CLEANING
NS9 – VEHICLE AND EQUIPMENT FUELING
NS10 – VEHICLE AND EQUIPMENT MAINTENANCE
NS11 – PILE DRIVING OPERATIONS
NS12 – CONCRETE CURING
NS13 – CONCRETE FINISHING
NS14 – MATERIAL AND EQUIPMENT USE
NS15 – DEMOLITION ADJACENT TO WATER
NS16 – TEMPORARY BATCH PLANTS
WASTE MANAGEMENT & MATERIAL POLLUTION
CONTROL
WM1 – MATERIAL DELIVERY AND STORAGE
WM2 – MATERIAL USE
WM3 – STOCKPILE MANAGEMENT
WM4 – SPILL PREVENTION AND CONTROL
WM5 – SOLID WASTE MANAGEMENT
WM6 – HAZARDOUS WASTE MANAGEMENT
WM7 – CONTAMINATION SOIL MANAGEMENT
WM8 – CONCRETE WASTE MANAGEMENT
WM9 – SANITARY/SEPTIC WASTE MANAGEMENT
WM10 – LIQUID WASTE MANAGEMENT
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Page 20
Date of Maintenance
Agreement ------------------
Type of LID Project
GPS Coordinates
Design Storm Greater
of (circle one)
0.75-inch 85th
Percentile
Designated Non- Designated - Small
Scale Non- Designated - Large Scale Rainfall Depth =
*Commercial *Residential
Residential and
Redevelopemnt four
units or less
*Residential and
redevelopemnt
four units or more
*Non-
Residential Latitude Longitude
Stomwater quality
control Measures(RET,
BIO, VEG, T)
Total Project Area (SF)
% Impervious Area
Tributary Area to Site (Ac)
% Imperviousness of
Tributary Area
*Redevelopement-≤ 50%
(check)
*Redevelopement-≥ 50%
(check)
Site Specific Source Control
LID Table 5-1
Infiltrate/Harvest (Y or N)
SWQDv 100% retained on-
site (Y or N)
Delta SWQDv (cf)
*Discharge to Natural
Drainage System (Y or N)1
Hydromodification
Required (Y1) LID Sect 8.2
Exemption crieteria
Peakflow rate (cfs)
Required SWQDv (cf):
BMP Total Capacity (cf, cfs)
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Page 21
LID COVENANT
PREPARATION AND RECORDATION
1. SUBMIT the following draft documents to your plan check engineer:
a. LID/NPDES Covenant
b. LID/NPDES Site Diagram (8 ½” X 11”) identifying the location, including GPS x and y
coordinates and type, of each post construction BMP feature (Exhibit 1)
c. LID/NPDES Maintenance Guidelines (8 ½” X 11”) as provided by the manufacturer for
each post construction BMP feature (Exhibit 2)
Submit draft covenant WITH exhibits to your plan checker for approval prior to signing and
notarizing. Plan checker will notify applicant if documents are ready for recordation or if
corrections are needed.
2. COVENANTS MUST BE SIGNED, NOTARIZED, AND RECORDED. Sign, notarize and
record documents after notification that the documents are ready to record.
Note: RECORDATION is the responsibility of the applicant. Addresses for Recorder’s
Offices can be found at:
https://www.lavote.gov/contact-us/branch-office-locations
Information for the County’s Recorder’s office can be obtained on the internet at
http://www.lavote.net or by calling 1-800-201-8999, press 3 for real estate filing; for more
information.
Applicant must provide copy of the recorded LID Covenant and Exhibits stamped by the
recorder’s office prior to plan approval. It is recommended applicants obtain a copy of the
recorded document for their records.
3. For any required forms mentioned below please see:
http://dpw.lacounty.gov/bsd/publications/index.cfm
217
Page 22
RECORDING REQUESTED BY
AND MAIL TO:
Space above this line is for Recorder’s use
COVENANT AND AGREEMENT
REGARDING THE MAINTENANCE OF LOW IMPACT DEVELOPMENT (LID) &
NATIONAL POLLUTANTS DISCHARGE ELIMINATION SYSTEM (NPDES) BMPs
The undersigned, ________________________________________ ("Owner"), hereby certifies that it owns the real property described as follows
("Subject Property"), located in the County of Los Angeles, State of California:
LEGAL DESCRIPTION
ASSESSOR’S ID #___________________________TRACT NO.____________________________LOT NO.__________________________
ADDRESS: _____________________________________________________________________________________________________
Owner is aware of the requirements of County of Los Angeles’ Green Building Standards Code, Title 31 Section 4.106.5 (LID) or 5.160.3 (LID),
and the National Pollutant Discharge Elimination System (NPDES) Permit. The following post-construction BMP features have been installed on
the Subject Property:
□ Porous pavement
□ Cistern/rain barrel
□ Infiltration trench/pit
□ Bioretention or biofiltration
□ Rain garden/planter box
□ Disconnect impervious surfaces
□ Dry Well
□ Storage containers
□ Landscape and landscape irrigation
□ Green roof
□ Other ________________________________________________________________________________________________________
_______________________________________________________________________________________________________
The location, including GPS x-y coordinates, and type of each post-construction BMP feature installed on the Subject Property is identified on the
site diagram attached hereto as Exhibit 1.
Owner hereby covenants and agrees to maintain the above-described post-construction BMP features in a good and operable condition at all
times, and in accordance with the LID/NPDES Maintenance Guidelines, attached hereto as Exhibit 2.
Owner further covenants and agrees that the above-described post-construction BMP features shall not be removed from the Subject Property
unless and until they have been replaced with other post-construction BMP features in accordance with County of Los Angeles’ Title 12, Chapter
12.84 – Low Impact Development Standards.
Owner further covenants and agrees to maintain all drainage devices located within his/her property in good condition and operable condition at
all times.
Owner further covenants and agrees that if Owner hereafter sells the Subject Property, Owner shall provide printed educational materials to the
buyer regarding the post-construction BMP features that are located on the Subject Property, including the type(s) and location(s) of all such
features, and instructions for properly maintaining all such features.
Owner makes this Covenant and Agreement on behalf of itself and its successors and assigns. This Covenant and Agreement shal l run with the
Subject Property and shall inure to the benefit of the County of Los Angeles and be binding upon Owner, future owners, and their heirs, successors
and assignees, and shall continue in effect until the release of this Covenant and Agreement by the County of Los Angeles, in its sole discretion.
Owner(s):
By:_________________________________ Date:_________________________________
By:_________________________________ Date:_________________________________
(PLEASE ATTACH NOTARY)
FOR DEPARTMENT USE ONLY:
MUST BE APPROVED BY COUNTY OF LOS ANGELES BUILDING AND SAFETY DIVISION PRIOR TO RECORDING.
APPROVED BY: Date Permit No.
(Print Name) (Signature)
A notary public or other officer completing the attached certificate verifies only the identity of the individual who signed the
document to which the certificate is attached, and not the truthfulness, accuracy, or validity of that document.
218
Page 23
Document "A"
COUNTY OF LOS ANGELES
DEPARTMENT OF PUBLIC WORKS
BUILDING AND SAFETY/LAND DEVELOPMENT DIVISION
ACKNOWLEDGMENT TO EMPLOY CONSULTANTS
(To be completed by the legal owner)
Grading Permit No.: ______________________ Date Issued: ____________ Dist. No.:
Address or Location of Property:
Tract No. or Parcel Map No.__________________________________ Lot No(s).
Owner's Name:
(Print)
The owner of the above described property hereby acknowledges by s ignature that, as a condition of
the grading permit and during all work authorized by said permit, registered civil engineer(s) will be
retained to perform the duties of the Design Engineer and Field Engineer in accordance with
requirements of Appendix J, County of Los Angeles Building Code, and further, that a soil engineer
and/or engineering geologist (when required) will be employed to make tests, investigations and file the
reports that may be required for compliance with said Code.
Owner(s)_____________________________ Date: _____________Telephone:
(Signature)
Mailing Address:
City:________________________________________________ State: _____Zip:
Design Engineer _____________________________________Reg. No.
Firm: ________________________________________Telephone:
Address: ______________________________City: ________________ State: _____Zip:
Field Engineer _______________________________________Reg. No.
Firm: ________________________________________Telepho ne:
Address: ______________________________City: ________________ State: _____Zip:
Soils Engineer _______________________________________Reg. No.
Firm: ________________________________________Telephone:
Address: ______________________________City: ________________ State: _____Zip:
Engineering Geologist ________________________________Reg. No.
Firm: ________________________________________Telephone:
Address: ______________________________City: ________________ State: _____Zip:
Contractor of Record ____________________________________ License No.
Firm: ________________________________________Telephone:
Address: ______________________________City: ________________ State: _____Zip:
INSTRUCTIONS: THIS DOCUMENT MUST BE COMPLETED AND FILED, TOGETHER WITH
DOCUMENT "B", AT THE LOCAL OFFICE OF BUILDING AND SAFETY PRIOR TO ISSUANCE OF
THE GRADING PERMIT.
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Page 24
Document "B"
COUNTY OF LOS ANGELES
DEPARTMENT OF PUBLIC WORKS
BUILDING AND SAFETY/LAND DEVELOPMENT DIVISION
ACCEPTANCE OF EMPLOYMENT BY CONSULTANTS
(To be completed by the consultants)
Grading Permit No. ______________________Date Issued _______________Dist. No.
Address or Location of Property
Tract No. or Parcel Map No.______________________________ Lot No(s).
Owner(s)______________________________________________Telephone__________________
Mailing Address______________________________________City________________State
The undersigned verify by signature(s) that they have been retained as consultant(s) and agree to notify
the Building Official, within 48 hours if such employment is terminated. It is further understood that all
required reports are to be submitted to the Building and Safety/Land Development Division b y each
consultant.
Design Engineer __________________________________Reg. No.
(Signature)
Firm________________________________________ Telephone
Address________________________________City________________State____Zip
Field Engineer ____________________________________Reg. No.
(Signature)
Firm________________________________________ Telephone
Address________________________________City________________State____Zip
Soils Engineer ____________________________________Reg. No.
(Signature)
Firm________________________________________ Telephone
Address________________________________City________________State____Zip
Engineering Geologist _____________________________Reg. No.
(Signature)
Firm________________________________________ Telephone
Address________________________________City________________State____Zip
Contractor of Record _____________________________License No.
Firm________________________________________ Telephone
Address________________________________City________________State____Zip
INSTRUCTIONS: THIS DOCUMENT MUST BE COMPLETED AND FILED, TOGETHER WITH
DOCUMENT "A", AT THE LOCAL OFFICE OF BUILDING AND SAFETY PRIOR TO ISSUANCE OF
THE GRADING PERMIT.
220
Page 25
Date ____________________________
FIRE DEPARTMENT ACCESS DRIVEWAY REQUIREMENTS FOR GRADING PROJECTS
SITE LOCATION : _________________________________________________________
GRADING PLAN CHECK NO. ________________________________________________
THIS FORM MUST BE SIGNED AND RETURNED TO THE DRAINAGE AND GRADING UNIT
PRIOR TO APPROVAL OF THE GRADING PLAN.
This is to certify that the owner of the subject property is aware of the Fire Department access
requirements which are defined in Section 503 of Title 24 of the California Fire Code and the following
standards issued by the Forester and Fire Warden:
1. Standard for Private Access Roads and Driveways for Single-Family Dwellings (No Public Right of
Way).
2. Standards for Access to All Buildings Other Than Single-Family Dwellings.
Additional grading or construction may be required and approved by the Forester and Fire Warden
to meet these requirements prior to issuance of a building permit.
OWNER: or ENGINEER:
SIGNATURE____________________________ SIGNATURE________________________________
ADDRESS _____________________________ ADDRESS __________________________________
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Page 26
AGREEMENT
REGARDING THE MAINTENANCE OF LOW IMPACT DEVELOPMENT (LID) &
NATIONAL POLLUTANTS DISCHARGE ELIMINATION SYSTEM (NPDES) BMPs
The undersigned, ________________________________________ ("developer"), hereby accepts responsibility for maintenance until the
(Name, department and division)
responsibility is legally transferred to _______________________________________(public entity maintaining the BMPs)
(Name, department and division, or company)
LEGAL DESCRIPTION
ASSESSOR’S ID #___________________________TRACT NO.________________________LOT NO._____________________________________
ADDRESS: ____________________________________________________________________________________________________________
Developer and Maintaining Entity is aware of the requirements of County of Los Angeles’ Green Building Standards Code, Title 31 Section 4.106.5 (LID)
or 5.160.3 (LID), and the National Pollutant Discharge Elimination System (NPDES) Permit . The following post-construction BMP features have been
installed on the Subject Property:
□ Porous pavement
□ Cistern/rain barrel
□ Infiltration trench/pit
□ Bioretention or biofiltration
□ Rain garden/planter box
□ Disconnect impervious surfaces
□ Dry Well
□ Storage containers
□ Landscape and landscape irrigation
□ Green roof
□ Other _____________________________________________________________________________________________________________
____________________________________________________________________________________________________________
The location, including GPS x-y coordinates, and type of each post-construction BMP feature installed on the Subject Property is identified on the site
diagram attached hereto as Exhibit 1.
Developer and Maintaining Entity hereby covenants and agrees to maintain the above-described post-construction BMP features in a good and operable
condition at all times, and in accordance with the LID/NPDES Maintenance Guidelines, attached hereto as Exhibit 2.
Developer and Maintaining Entity further covenants and agrees that the above-described post-construction BMP features shall not be removed from the
Subject Property unless and until they have been replaced with other post -construction BMP features in accordance with Title 12, Chapter 12.84 – Low
Impact Development Standards.
Developer and Maintaining Entity further covenants and agrees to maintain all drainage devices located within its property in good condition and operable
condition at all times.
Developer and Maintaining Entity further covenants and agrees that if Developer and Maintaining Entity hereafter sells the Subject Property, Developer
and Maintaining Entity shall provide printed educational materials to the buyer regarding the post-construction BMP features that are located on the Subject
Property, including the type(s) and location(s) of all such features, and instructions for properly maintaining all such features.
Developer and Maintaining Entity makes this Covenant and Agreement on behalf of itself and its successors and assigns. This Covenant and Agreement
shall run with the Subject Property and shall inure to the benefit of the County of Los Angeles and be binding upon Developer and Maintaining Entity,
future Developers and Maintaining Entities, and their heirs, successors and assignees, and shall continue in effect until the release of this Covenant and
Agreement by the County of Los Angeles, in its sole discretion.
Developer(s):
By:_________________________________ Date:_________________________________Division & Department:___________________________
Maintaining Entity:
By:_________________________________ Date:_________________________________ Division & Department, or Company:__________________
Permit No.
222
Agenda Item No.: 12.C
Mtg. Date: 06/26/2023
TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM:ALAN PALERMO, PROJECT MANAGER
THRU:DAVID H. READY
SUBJECT:APPROVE CITY HALL ADA IMPROVEMENT PROJECT DESIGN AND
AUTHORIZE STAFF TO ADVERTISE FOR CONSTRUCTION BIDS
DATE:June 26, 2023
BACKGROUND:
In December 2019, the City released a Request For Proposal for Architectural and
Engineering Design Services to prepare ADA Improvement Plans for the Rolling Hills City
Hall, excluding building exterior path of travel.
At the January 27, 2020 City Council Meeting, City Council considered and approved a
Professional Services Agreement with Pacific Architecture and Engineering, Inc. (PAE) to
prepare Improvement Plans (ADA and Space Planning). A kick off meeting with PAE was held
February 27, 2020.
At the May 26, 2020 City Council Meeting, City Council received a presentation from staff on
the options developed to bring the restrooms up to date and comply with ADA and related
codes.
At the July 13, 2020 City Council Meeting, City Council received a presentation from staff with
additional information to the two preferred options including opinions of probable costs of
construction and voted to move forward with the more economic Option 2 which kept the
restrooms in the same location.
PAE submitted the 65% plans for City review on March 9, 2021. This submittal incorporated
the restroom option selected at the July 13, 2020 City Council Meeting. The City had reviewed
the 65% plans with comments. Before the City review comments were returned to PAE to
further develop the plans to 90% design, the City Council recommended that they revisit the
layout options.
At the June 28, 2021 meeting, the City Council directed staff to add measurements to option 1
layout for additional discussion at the July 12, 2021 meeting. Using the measurement shown
for option 1 in the City Hall lobby area, staff also taped the floor of the lobby to locate the
223
proposed public counter.
At the July 12, 2021 meeting, the City Council delayed the item to the July 26, 2021 meeting.
At the September 13, 2021 meeting, staff recommended the inclusion of accordion doors
along with the possibility of expanding the lobby area by moving the glass partition wall out.
Additional suggestions were made to use French doors and remove an existing interior wall
behind the display case to expand the lobby area of City Hall to accommodate the number of
residents that attend the annual holiday house event. The City Council directed staff to bring
back City Hall ADA Improvements project at a future City Council meeting so that the City
Council could provide direction to staff on the next steps.
At the October 25, 2021 meeting, staff presented a third option prepared by staff for
consideration. Option 3 took into consideration the City Council's feedback from the
September 13, 2021 meeting. Option 3, proposed by staff, includes pushing the existing line of
wall at the front door to the City Hall, moving one of the three All Gender restrooms to the
newly expanded space and enclosing the hallway to the Council Chambers to allow for a
meeting room. The City Council favored Option 3 but decided to hold off on giving staff
direction on the next steps until the City Council has an opportunity to consider all the capital
improvement projects at the 2022 Strategic Planning Workshop.
At the April 25, 2022 meeting, City Council provided direction to staff to proceed with the City
Hall ADA Improvement Project Option 3 and approved a contract amendment with PAE in the
amount of $96,485 to complete the construction documents (fee includes bid support and
construction administration).
Schematic Design Plans were submitted to the City in August 2022 for confirmation of the
layout and PAE proceeded with construction documents. 100% Plan Check Set documents
were submitted to Los Angeles County on April 19, 2023 and comments were received on
May 10, 2023. Comments were addressed and the second submittal was made on May 31,
2023. Staff anticipates that the City Hall ADA Improvement Project will be ready to advertise
for construction bids in July 2023.
A complete set of the improvement plans is available at City Hall for review.
DISCUSSION:
The City submitted an application to California Joint Powers Insurance Authority (CJPIA) in
2021 for a loan to fund the costs of the City Hall ADA Improvement project was approved for a
loan in the amount of $300,000. Staff reached out to CJPIA to apply for additional funding
(loan) from CJPIA in September 2022 and was informed the program was on hold until 2023.
Staff has reached out to CJPIA in 2023 to confirm if the program has restarted and if the City
can proceed with an application for additional loans for the City Hall ADA Improvement Project
and awaits a response from CJPIA. CJPIA informed the City they have not restarted the
program for 2023, however, there may be an opportunity to amend the existing proposal to
request a larger loan amount. Staff has engaged in discussion with CJPIA to confirm the
previous application can be amended and if there are any limits to the amount that can be
requested.
The estimated probable cost of construction for the City Hall ADA Improvement Project was
224
updated April 6, 2023 based on the 100% Plan Check set and is $1,472,500. This estimate is
attached.
FISCAL IMPACT:
In anticipation of the upcoming budget planning for Fiscal Year 2023-2024, if the City Council
should direct staff to pursue a loan through CJPIA for the entire estimated amount of
construction cost for the project ($1,472,500) the proposed budget would be built accordingly.
If the City Council decides not to pursue the CJPIA loan, staff would recommend using the
General Fund Reserve to fund the construction of the City Hall ADA Improvement project.
RECOMMENDATION:
Approve as presented
ATTACHMENTS:
20230410_RH_PC_cost estimate.pdf
225
ROLLING HILLS CITY HALL RENOVATIONS
2 PORTUGUESE BEND ROAD
ROLLING HILLS, CALIFORNIA 90274
Plan Check Set
April 6, 2023
PREPARED BY
FOR
PACIFIC ARCHITECTURE & ENGINEERING, INC.
SANTA MONICA, CA
Rev 0
226
PACIFIC ARCH & ENG, INC. 0FFICE: 310-424-9658 DATE: 04/06/23
1137 SECOND STREET, SUITE 214
SANTA MONICA, CA 90403 REV: 0
PROJECT: ROLLING HILLS CITY HALL RENOVATIONS
2 PORTUGUESE BEND ROAD
ROLLING HILLS, CALIFORNIA 90274
OWNER: CITY OF ROLLING HILLS
CLIENT: CITY OF ROLLING HILLS
DESIGN TEAM: PACIFIC ARCHITECTURE & ENGINEERING. INC.
ARCHITECTURAL
STRUCTURAL
PLUMB/MECH
ELECTRICAL
CIVIL
ESTIMATING TEAM:
ARCH/STRUCT:
PLUMB/MECH:
ELECTRICAL:
CIVIL:
CHECKED BY:
ESTIMATE LEVEL:Plan Check Set
ESTIMATE TYPE:OPINION OF COST
PLAN DATE:2023-04-01, 35 PAGES
SPEC DATE:NONE
PROJECT TYPE:ADA & NON-ADA UPGRADES
PROJECT SCOPE:
ESTIMATE BASIS:
THE CITY OF ROLLING HILLS IS MODERNIZING THEIR CITY HALL BUILDING WITH RENOVATIONS, SITE WORK MODIFICATIONS, INTERIOR
FINISH REFURBISHMENT AND ADA UPGRADES IN THE RESTROOMS. THE PROJECT IS EXPECTED TO BEGIN IN THE 2ND QUARTER OF 2024
AND WILL LAST F0R ABOUT 4 MONTHS.
THIS COST ESTIMATE IS DEFINED AS AN “OPINION OF COST” MEANING THAT THE COSTS REFLECTED IN THE ESTIMATE ARE THE
CONSIDERED OPINION OF THE ESTIMATOR BASED ON THE CURRENT COSTS OF MATERIAL AND LABOR, UPON INFORMATION AVAILABLE
IN PUBLISHED REFERENCE SOURCES, HISTORICAL COST DATA, CLIENT OR VENDOR PROVIDED COST DATA AND THE PERSONAL
EXPERIENCE OF THE ESTIMATOR. THE FINAL COST OF THE PROJECT MAY VARY FROM THE ESTIMATOR’S “OPINION OF COST” BASED ON
FACTORS BEYOND THE CONTROL OF THE ESTIMATOR SUCH AS, BUT NOT LIMITED TO, THE NUMBER OF GENERAL CONTRACTORS
AND/OR SUBCONTRACTORS PARTICIPATING IN THE BID PROCESS; SUDDEN CHANGES IN NATIONAL AND LOCAL MARKET CONDITIONS;
THE NATIONAL AND LOCAL ECONOMY; AND DECISIONS MADE BY THE CLIENT.
Page 1 of 3 227
PACIFIC ARCH & ENG, INC. 0FFICE: 310-424-9658 DATE: 04/06/23
1137 SECOND STREET, SUITE 214
SANTA MONICA, CA 90403 REV: 0
COMPETITIVE BIDDING:
ESCALATION:
ESCALATION CALCS:
ESCALATION (17 MONTHS TO MPC AT 8% P/A)
ESCALATION PER YEAR:8.0%
ESTIMATE DATE:04/06/23
START DATE:06/01/24 CONST. LEN: 4.0 MONTHS
FINISH DATE:10/01/24 MID-POINT: 17.0 MONTHS
OTHER COST IMPACTS:
WAGE RATES:
WORK SCOPE CHANGES:
PHASES:NONE
PRORATES: AREA SF: GSF
GENERAL CONDITIONS:25.0%NON-ADA AREAS 2,892
CONST. CONTINGENCY:15.0%ADA AREAS 192
DESIGN CONTINGENCY:10.0%
ESCALATION:11.4%
BONDS:3.0%
INSURANCE:1.0%
OVERHEAD & PROFIT:20.0% TOTAL BUILDING AREA 3,084
THE PRICES IN THIS ESTIMATE ARE BASED ON COMPETITIVE BIDDING. COMPETITIVE BIDDING IS RECEIVING RESPONSIVE BIDS FROM AT
LEASTFIVEORMOREGENERALCONTRACTORSANDTHREEORMORERESPONSIVEBIDSFROMMAJORSUBCONTRACTORSORTRADES.
MAJOR SUBCONTRACTORS ARE CONCRETE, MASONRY, STRUCTURAL STEEL, FRAMING, ROOFING, MECHANICAL, PLUMBING AND
ELECTRICAL SUBCONTRACTORS AND ANY OTHER MAJOR COMPONENTS OF THE PROJECT.
WITHOUT COMPETITIVE BIDDING, CONTRACTOR BIDS CAN AND HAVE RANGED FROM 25% TO 100% AND MORE OVER THE PRICES IN
THIS ESTIMATE, DEPENDING ON THE SIZE OF THE JOB. WITH COMPETITIVE BIDDING, CONTRACTOR BIDS CAN RANGE AS LOW AS 25%
BELOW THE PRICES IN THIS ESTIMATE BASED ON CURRENT MARKET CONDITIONS.
ESCALATION IS BASED ON 8.0%PER YEAR AND CARRIED FROM THE ESTIMATE DATE TO THE MID-POINT OF CONSTRUCTION. ONE
MAJOR FACTOR IN ESCALATION IS INFLATION AND WE MAY BE IN A TIME PERIOD WITH THE POTENTIAL FOR EXTREME INFLATIONARY
PRESSURES. THERE ARE TOO MANY VARIABLES TO DETERMINE HOW ESCALATION WILL IMPACT ANY SPECIFIC PROJECT. THERE MAY
ONLY BE NEGLIGIBLE IMPACT OR IT MAY BE GREATER THAN ANTICIPATED.
THIS OPINION OF COST IS BASED ON MARKET WAGE-RATES & CONDITIONS AND CURRENTLY APPLICABLE PREVAILING WAGES IN LOS
ANGELES COUNTY.
THE USER IS CAUTIONED THAT SIGNIFICANT CHANGES IN THE SCOPE OF THE PROJECT, OR ALTERATIONS TO THE PROJECT DOCUMENTS
AFTER COMPLETION OF THIS OPINION OF COST ESTIMATE CAN CAUSE MAJOR COST CHANGES. IN THIS CIRCUMSTANCE, DESIGN
TEAM SHOULD BE NOTIFIED AND AN APPROPRIATE ADJUSTMENT MADE TO THIS OPINION OF COST ESTIMATE.
OTHER COST IMPACTS WITH NEGATIVE EFFECT THAT MAY POSSIBLY OCCUR AT BID TIME OR DURING CONSTRUCTION CAN INCLUDE
CONTRACTOR & SUBCONTRACTOR AVAILIBITY, MATERIAL SUPPLY CHAIN SHORTAGES, LABOR SHORTAGES, THE WEATHER, VANDALISM
AND UNFORESEEN OR HIDDEN EXISTING CONDITIONS.
Page 2 of 3 228
PACIFIC ARCH & ENG, INC. 0FFICE: 310-424-9658 DATE: 04/06/23
1137 SECOND STREET, SUITE 214
SANTA MONICA, CA 90403 REV: 0
SUPPLIER PROVIDED QUOTES & OTHER CONTACTS:
NONE
GENERAL EXCLUSIONS (UNLESS OTHERWISE NOTED):
1. ARCHITECTURAL FEES, ENGINEERING FEES & OTHER SOFT COSTS.
2. THE COST OF LAND & EASEMENT ACQUISITION.
3. ASSESSMENTS, TAXES, FINANCE, LEGAL & DEVELOPMENT CHARGES.
4. COMPRESSION OF SCHEDULE & PREMIUM OR SHIFT WORK.
5. RESTRICTIONS ON THE CONTRACTOR'S WORKING HOURS.
6. BUILDER'S RISK, PROJECT WRAP-UP & OTHER OWNER PROVIDED INSURANCE PROGRAMS.
7. SUSTAINABLE DESIGN & LEED REQUIREMENTS.
8. HAZARDOUS MATERIAL HANDLING, DISPOSAL & ABATEMENT.
9. ENVIRONMENTAL IMPACT MITIGATION.
10. OWNER SUPPLIED & INSTALLED FURNITURE, FIXTURES & EQUIPMENT.
11. LOOSE FURNITURE & EQUIPMENT EXCEPT AS SPECIFICALLY IDENTIFIED.
Page 3 of 3 229
PROJECT:ROLLING HILLS CITY HALL RENOVATIONS 0
LOCATION:ROLLING HILLS, CALIFORNIA 90274 PREPARED BY: RHW
CLIENT:CITY OF ROLLING HILLS CHECKED BY: JFH
DESCRIPTION:RENOVATIONS & ADA UPGRADES ESTIMATE DATE: 04/06/23
REV: 0
Plan Check Set
TAB DESCRIPTION ADJ SF UNIT COST TOTAL
PROJECT SUMMARY
BASE BID 3,084 SF $477.46 1,472,500$
SPECULATIVE BID RANGE FORECAST
BASED ON CURRENT MARKET CONDITIONS
AND GENERAL CONTRACTOR BIDDER PARTICIPATION LEVELS
% BASE
1 - 2 GC BIDDERS 100% 2,945,000$
2 - 3 GC BIDDERS 75% 2,576,900$
3 - 4 GC BIDDERS 50% 2,208,800$
4 - 5 GC BIDDERS 25% 1,840,700$
5 - 6 GC BIDDERS 0% 1,472,500$
6 - 7 GC BIDDERS -5% 1,398,900$
7 - 8 GC BIDDERS -10% 1,325,300$
8 - 9 GC BIDDERS -15% 1,251,700$
10 + GC BIDDERS -20% 1,178,000$
NOTE: THE BASIC CONCEPT IS THAT HISTORICALLY WITH FEWER GC BIDDERS PRICES WILL
GENERALLY RISE AND WITH MORE GC BIDDERS PRICES WILL GENERALLY FALL.
4/11/2023 Rolling Hills City Hall Renovations 90% CD Estimate Rev 0_jf (F-86) Page 1 of 1
230
PROJECT:ROLLING HILLS CITY HALL RENOVATIONS 0
LOCATION:ROLLING HILLS, CALIFORNIA 90274 PREPARED BY: RHW
CLIENT:CITY OF ROLLING HILLS CHECKED BY: JFH
DESCRIPTION:RENOVATIONS & ADA UPGRADES ESTIMATE DATE: 04/06/23
ADJUSTED GSF: 3,084
REV 0
Plan Check Set
DIV # DESCRIPTION QUANTITY UNIT COST TOTAL
BASE BID
1.10 GENERAL CONDITIONS INCLUDED IN PRORATES - NONE
2.10 SITEWORK 9.5% 22.60 69,700
2.20 DEMOLITION 4.9% 11.61 35,800
3.10 CONCRETE 12.1% 28.79 88,800
6.10 CARPENTRY 15.9% 37.97 117,100
8.10 DOORS & WINDOWS 11.9% 28.47 87,800
9.10 FINISHES 13.1% 31.13 96,000
9.50 TILE 8.7% 20.82 64,200
10.10 SPECIALTIES 1.5% 3.50 10,800
11.10 APPLIANCES 0.2% 0.49 1,500
12.10 FURNISHINGS 0.8% 1.95 6,000
21.10 FIRE PROTECTION 0.8% 2.01 6,200
22.10 PLUMBING 8.6% 20.53 63,300
23.10 HVAC 3.7% 8.72 26,900
26.10 ELECTRICAL 8.4% 19.94 61,500
TOTAL DIRECT COST $238.52 735,600$
PRORATES
GENERAL CONDITIONS 25.0% 183,900
CONSTRUCTION CONTINGENCY 15.0% 110,400
DESIGN CONTINGENCY 10.0% 73,600
ESCALATION 11.4% 83,900
SUBTOTAL $385.02 1,187,400$
CONTRACTOR BURDENS
BONDS 3.0% 35,700
INSURANCE 1.0% 11,900
OVERHEAD & PROFIT 20.0% 237,500
BASE BID - TOTAL PROJECT COSTS $477.46 1,472,500$
4/11/2023 Rolling Hills City Hall Renovations 90% CD Estimate Rev 0_jf Page 1 of 7
231
PROJECT:ROLLING HILLS CITY HALL RENOVATIONS 0
LOCATION:ROLLING HILLS, CALIFORNIA 90274 PREPARED BY: RHW
CLIENT:CITY OF ROLLING HILLS CHECKED BY: JFH
DESCRIPTION:RENOVATIONS & ADA UPGRADES ESTIMATE DATE: 04/06/23
ADJUSTED GSF: 3,084
REV 0
Plan Check Set
DIV # DESCRIPTION QUANTITY UNIT COST TOTAL
1.10 GENERAL CONDITIONS
See Prorates Above. 0.00 -
-
SUBTOTAL 1.10 $0.00 SF NONE
2.10 SITEWORK
Rough & Fine Grading (Allowance) 1 LS 2,500.00 2,500
New Asphalt Paving 710 SF 15.00 10,700
New Sewer Line, PVC, 4" 250 LF 150.00 37,500
New Water Line, Copper Type K, 1" 80 LF 50.00 4,000
Restore Landscaping & Irrigation (Allowance) 1 LS 15,000.00 15,000
-
SUBTOTAL 2.10 $22.60 SF 69,700
2.20 DEMOLITION
Mass Demolition Areas (Per SF Allowance) 250 SF 20.00 5,000
Demo (e) Asphalt Paving 710 SF 2.50 1,800
Demo (e) Brick Paving 320 SF 2.50 800
Demo (e) Cabinets 38 LF 35.00 1,300
Demo (e) Conc. For New Arch Vault Door Opening 1 LS 3,500.00 3,500
Demo (e) Flooring Only (Per SF Allowance) 2,976 SF 2.50 7,400
Demo (e) Landscaping 330 SF 2.50 800
Demo (e) Power & Data Trench, 18"w 41 LF 50.00 2,100
Demo (e) Restroom Floor Concrete 192 SF 10.00 1,900
Haul & Disposal Fees (Allowance) 1 LS 6,200.00 6,200
Sawcutting (Allowance) 1 LS 5,000.00 5,000
-
SUBTOTAL 2.20 $11.61 SF 35,800
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232
PROJECT:ROLLING HILLS CITY HALL RENOVATIONS 0
LOCATION:ROLLING HILLS, CALIFORNIA 90274 PREPARED BY: RHW
CLIENT:CITY OF ROLLING HILLS CHECKED BY: JFH
DESCRIPTION:RENOVATIONS & ADA UPGRADES ESTIMATE DATE: 04/06/23
ADJUSTED GSF: 3,084
REV 0
Plan Check Set
DIV # DESCRIPTION QUANTITY UNIT COST TOTAL
3.10 CONCRETE
New Restroom Sloping Concrete & Substrate 192 SF 35.00 6,700
Float & Level Previous Restroom Floor 114 SF 10.00 1,100
Concrete Curb, Restrooms, 6" 90 LF 65.00 5,900
Power & Data Trench, 18"w 41 LF 225.00 9,200
Entry Porch Columns, Concrete Footings 3 CY 1,500.00 4,500
Concrete Entry Walk, 4" 440 SF 25.00 11,000
Concrete Vault Fill-In, 10" Thk 1 LS 5,000.00 5,000
Truncated Domes 14 SF 30.00 400
Misc. Concrete Work (Allowance) 1 LS 10,000.00 10,000
Special Structural Inspections (Allowance) 1 LS 35,000.00 35,000
-
SUBTOTAL 3.10 $28.79 SF 88,800
6.10 CARPENTRY
Rough Carpentry
Wood Framed Int. Walls, 2x4 x 32 lf 330 SF 30.00 9,900
Wood Framed Int. Walls, 2x6 x 24 lf 220 SF 35.00 7,700
Wood Framed Int. Furr Walls, 2x4 x 8 lf 80 SF 30.00 2,400
Wood Framed Ext. Walls, 2x4 x 10 lf 90 SF 30.00 2,700
Wood Framed Ext. Walls, 2x8 x 22 lf 200 SF 40.00 8,000
Wood Framed Restroom Ceilings, 2x6 192 SF 40.00 7,700
Temporary Shoring at Header Beams (Allowance) 1 LS 1,000.00 1,000
New Front Entry Wood Header Beams, 6x12 21 LF 250.00 5,300
New Front Entry Wood Columns, 6x6 4 EA 1,250.00 5,000
New Wall Wood Column, 4x6 1 EA 950.00 1,000
New Shear Ply Wall, 5/8" 160 SF 15.00 2,400
New Hold Downs, HDU5 2 EA 150.00 300
Reframe (e) Door Openings 14 EA 500.00 7,000
Misc. Rough Carpentry (Per SF Allowance) 3,084 SF 5.00 15,400
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233
PROJECT:ROLLING HILLS CITY HALL RENOVATIONS 0
LOCATION:ROLLING HILLS, CALIFORNIA 90274 PREPARED BY: RHW
CLIENT:CITY OF ROLLING HILLS CHECKED BY: JFH
DESCRIPTION:RENOVATIONS & ADA UPGRADES ESTIMATE DATE: 04/06/23
ADJUSTED GSF: 3,084
REV 0
Plan Check Set
DIV # DESCRIPTION QUANTITY UNIT COST TOTAL
Finish Carpentry
Base Cabs, Kitchen 11 LF 650.00 7,200
Wall Cabs, Kitchen 9 LF 450.00 4,100
Kitchen Countertops w/ Backsplash 11 LF 250.00 2,800
Base Cabs, Workroom 10 LF 650.00 6,500
Wall Cabs, Workroom 10 LF 450.00 4,500
Workroom Countertops w/ Backsplash 10 LF 250.00 2,500
Lobby Reception Desk 10 LF 750.00 7,500
Misc. Finish Carpentry (Per SF Allowance) 3,084 SF 2.00 6,200
-
SUBTOTAL 6.10 $37.97 SF 117,100
8.10 DOORS & WINDOWS
Doors, Frames & Std Hardware
New Int. Doors, SC Wood, 3'x7' 12 EA 3,250.00 39,000
New Ext. Doors, Storefront, 6'x7' 3 PR 6,500.00 19,500
New Ext. Doors, Hollow Metal, 3'x7' 1 EA 3,250.00 3,300
Reinstall Salvaged Doors 1 EA 1,000.00 1,000
Includes Frames & Standard Hardware
Additional Hardware
Panic Hardware 8 EA 1,500.00 12,000
Self Closers 14 EA 750.00 10,500
Windows, Interior
Windows, Fixed, 12"x30" 2 EA 1,250.00 2,500
-
SUBTOTAL 8.10 $28.47 SF 87,800
9.10 FINISHES
Wall Finishes
Stucco, Exterior, 3 Coats (Allowance) 1 LS 10,000.00 10,000
Gypboard, Walls, Type X, 5/8" 2,461 SF 7.50 18,500
Insulation/Sound Batts 600 SF 2.50 1,500
Misc. Patch & Repair (Per SF Allowance) 3,084 SF 2.50 7,700
Flooring
Carpet Tiles 2,275 SF 15.00 34,100
Vinyl Comp Tile 212 SF 15.00 3,200
Vinyl Base, 4" 660 LF 7.50 5,000
Transition Strip 11 LF 10.00 100
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PROJECT:ROLLING HILLS CITY HALL RENOVATIONS 0
LOCATION:ROLLING HILLS, CALIFORNIA 90274 PREPARED BY: RHW
CLIENT:CITY OF ROLLING HILLS CHECKED BY: JFH
DESCRIPTION:RENOVATIONS & ADA UPGRADES ESTIMATE DATE: 04/06/23
ADJUSTED GSF: 3,084
REV 0
Plan Check Set
DIV # DESCRIPTION QUANTITY UNIT COST TOTAL
Ceilings
Gypboard, Ceilings, Type X, 5/8" 192 SF 7.50 1,400
Painting
Painting, Walls, 3 Coats 1,750 SF 2.50 4,400
Painting, Ceilings, 3 Coats 192 SF 2.50 500
Paint/Stain Doors 25 EA 200.00 5,000
Misc. Additional Painting (Per SF Allowance) 3,084 SF 1.50 4,600
-
SUBTOTAL 9.10 $31.13 SF 96,000
9.50 TILE
Restrooms
Ceramic Tile, Floor 184 SF 40.00 7,400
Ceramic Tile, Wall, 8'2" 720 SF 50.00 36,000
Lobby
Ceramic Tile, Floor 430 SF 40.00 17,200
Ceramic Tile, Base 72 LF 50.00 3,600
-
SUBTOTAL 9.50 $20.82 SF 64,200
10.10 SPECIALTIES
Toilet Partitions & Accessories
Coat Hooks 3 EA 100.00 300
Grab Bar Sets, Drinking Fountain 1 EA 450.00 500
Grab Bar Sets, Toilet 3 EA 450.00 1,400
Mirrors 3 EA 200.00 600
Paper Towel Dispenser & Waste Combo 3 EA 950.00 2,900
Seat Cover Dispensers 3 EA 100.00 300
Soap Dispensers 3 EA 100.00 300
Toilet Paper Dispensers 3 EA 100.00 300
General Building Specialties
Corner Guards 3 EA 100.00 300
Markerboards, 6'x4' 1 EA 600.00 600
TV Wall Mounting Bracket 1 EA 750.00 800
Misc. General Building Specialties (Allowance) 1 LS 2,500.00 2,500
-
SUBTOTAL 10.10 $3.50 SF 10,800
4/11/2023 Rolling Hills City Hall Renovations 90% CD Estimate Rev 0_jf Page 5 of 7
235
PROJECT:ROLLING HILLS CITY HALL RENOVATIONS 0
LOCATION:ROLLING HILLS, CALIFORNIA 90274 PREPARED BY: RHW
CLIENT:CITY OF ROLLING HILLS CHECKED BY: JFH
DESCRIPTION:RENOVATIONS & ADA UPGRADES ESTIMATE DATE: 04/06/23
ADJUSTED GSF: 3,084
REV 0
Plan Check Set
DIV # DESCRIPTION QUANTITY UNIT COST TOTAL
11.10 APPLIANCES
Refrigerator, Under Counter 1 EA 1,500.00 1,500
-
SUBTOTAL 11.10 $0.49 SF 1,500
12.10 FURNISHINGS
Reception Office Cubicles 3 EA 2,000.00 6,000
-
SUBTOTAL 12.10 $1.95 SF 6,000
21.10 FIRE PROTECTION
Adjust Sprinkler Heads (Per SF Allowance) 3,084 SF 2.00 6,200
-
SUBTOTAL 21.10 $2.01 SF 6,200
22.10 PLUMBING
Toilets 3 EA 3,000.00 9,000
Urinals 1 EA 1,750.00 1,800
Lavatories 3 EA 1,250.00 3,800
Kitchen Sink 1 EA 1,250.00 1,300
Drinking Fountain w/ Water Bottle Filler 1 EA 1,750.00 1,800
Plumbing Rough-Ins 9 EA 3,750.00 33,800
Sterilization & Testing 1 LS 1,500.00 500
Floor Drains 3 EA 1,200.00 3,600
Misc. Plumbing Work (Per SF Allowance) 3,084 SF 2.50 7,700
-
SUBTOTAL 22.10 $20.53 SF 63,300
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236
PROJECT:ROLLING HILLS CITY HALL RENOVATIONS 0
LOCATION:ROLLING HILLS, CALIFORNIA 90274 PREPARED BY: RHW
CLIENT:CITY OF ROLLING HILLS CHECKED BY: JFH
DESCRIPTION:RENOVATIONS & ADA UPGRADES ESTIMATE DATE: 04/06/23
ADJUSTED GSF: 3,084
REV 0
Plan Check Set
DIV # DESCRIPTION QUANTITY UNIT COST TOTAL
23.10 HVAC
Exhaust Fans, 100 CFM 2 EA 1,500.00 3,000
Exhaust Fans, 50 CFM 2 EA 1,000.00 2,000
Registers, CFM 180 1 EA 600.00 600
Registers, CFM 80 1 EA 500.00 500
Registers, CFM 60 1 EA 400.00 400
Registers, CFM 40 2 EA 300.00 600
Spiral Duct, 8" d. Return Air 40 LF 65.00 2,600
Spiral Duct, 6" d. Return Air 20 LF 45.00 900
Spiral Duct, 6" d. Exhaust Fans 24 LF 25.00 600
Door Louver, 12"x18" 1 EA 300.00 300
Misc. HVAC Work (Per SF Allowance) 3,084 SF 5.00 15,400
-
SUBTOTAL 23.10 $8.72 SF 26,900
26.10 ELECTRICAL
LIGHTING
Type A - Linear Light, LED, Bartco 4 EA 450.00 1,800
Type B - Bathroom Vanity Light, LED, Air LED 3 EA 400.00 1,200
Type C - Troffer Light, 2x4, LED, Lithonia 4 EA 450.00 1,800
Type D - High Ceiling Downlight, LED, Focal Point 10 EA 350.00 3,500
Emergency Lights (Add) 11 EA 100.00 1,100
Occupancy Sensors 8 EA 350.00 2,800
Switches, Single Pole 3 EA 300.00 900
Switches, 3 Way 6 EA 350.00 2,100
Conduit & Wire 950 LF 7.50 7,100
POWER
Duplex Outlets 4 EA 250.00 1,000
Duplex Outlets, GFI 4 EA 350.00 1,400
Quadplex Outlets 2 EA 450.00 900
J-Boxes 3 EA 200.00 600
Mechanical Connections 3 EA 300.00 900
New Service Panel "U" 1 EA 10,000.00 10,000
Relocate (e) Panel "V" 1 EA 3,500.00 3,500
Relocate (e) Telephone Back Panel 1 EA 2,500.00 2,500
Conduit & Wire 400 LF 7.50 3,000
Misc. Electrical Work (Per SF Allowance) 3,084 SF 5.00 15,400
-
SUBTOTAL 26.10 $19.94 SF 61,500
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237
Agenda Item No.: 13.A
Mtg. Date: 06/26/2023
TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM:JOHN SIGNO, DIRECTOR OF PLANNING & COMMUNITY SERVICES
THRU:DAVID H. READY
SUBJECT:INTRODUCTION AND FIRST READING OF ORDINANCE NO. 383,
AMENDING CHAPTER 15.20 (FIRE CODE) OF TITLE 15 (BUILDINGS
AND CONSTRUCTION) OF THE ROLLING HILLS MUNICIPAL CODE
AND FINDING THE ORDINANCE IS EXEMPT FROM CEQA
DATE:June 26, 2023
BACKGROUND:
Every three years, the California Building Standards Commission, together with other state
agencies (e.g., the Department of Housing and Community Development), updates the state’s
building standards by adopting a new edition of the California Building Standards Code
(“CBSC”). The CBSC consists of multiple building codes codified in Title 24 of the California
Code of Regulations (these include the state Fire Code, Title 24, Part 9). Effective January 1,
2023, these building standards apply to all building occupancies throughout the state, whether
or not they are adopted by a local jurisdiction. Cities and counties, however, will typically pass
ordinances adopting the CBSC by reference for the purpose of amending the state standards
in accordance with local conditions and to adopt administrative provisions (e.g., fees,
remedies for code violations, etc.).
Local amendments must be specific to each edition of the CBSC. State law also provides that
cities and counties may adopt amendments to the state building standards only if the local
governing body (i.e., the City Council) finds that such modifications or changes are reasonably
necessary because of local climatic, geological or topographical conditions, and if the local
amendments are at least as restrictive as the state standards. (Administrative provisions that
do not establish building standards may be enacted without necessity findings.)
Traditionally, the City of Rolling Hills has adopted the CBSC as adopted and amended by Los
Angeles County. On January 31, 2023, the County Board of Supervisors adopted the new
county Fire Code with local amendments, which came into effect on March 2, 2023. Attached
to this report is a letter from the Los Angeles County Fire Department summarizing the
adoption of the County ordinance.
DISCUSSION:
238
Ordinance No. 383 largely functions to adopt the current edition of the Fire Code, as amended
by the Los Angeles County Code.
Under State law, only those building standards that are effective at the local level at the time
an application for a building permit is submitted apply to the plans and the construction
performed under that building permit.
As the City’s local modifications are necessitated by the area’s topographic, geologic and
climatic conditions, allowing structures to be built absent the requirements of these tailored
building standards presents a risk to the public health, safety, and welfare. (Specifically, the
City is located in a Very High Fire Hazard Severity Zone characterized by hot, dry summers
and heavy winter rains which result in expansive soil conditions. The area’s topography is
also marked by geological instability, all of which conditions are addressed through the
regional and local amendments to the CBSC.)
The City Council previously adopted Ordinance No. 382 on January 9, 2023, which noted in
part that the statewide Fire Code was to take effect in the City without modification. The
proposed Ordinance No. 383 further amends Rolling Hills Municipal Code (RHMC) Chapter
15.20 (Fire Code) to reflect that the Los Angeles County Board of Supervisors has since
amended its version of Title 32, Fire Code.
ENVIRONMENTAL REVIEW:
This ordinance is not a project within the meaning of Section 15378 of the California
Environmental Quality Act (“CEQA”) Guidelines because it has no potential for resulting in
physical change to the environment. Most of the terms of the building standards in the
proposed Ordinance are dictated by the California Buildings Standards Code and county
amendments to the state standards only make those modifications necessary for local regional
conditions which are at least as protective of the environment as the state codes. City-specific
amendments are limited to creating administrative processes for local enforcement of the state
building standards. Alternatively, even if the ordinance is a project within the meaning of
CEQA, its adoption is exempt from CEQA under the general rule that CEQA only applies to
projects that may cause significant adverse effects on the environment. Pursuant to CEQA
Guideline section 15061(b)(3), as this ordinance is largely administrative in nature, there is no
possibility that the City’s action would adversely affect the environment in any manner that
could be significant.
FISCAL IMPACT:
Building plan check and permit fees are paid to compensate the City for expenditures
associated with these activities. As the changes in the Codes are minor, the fees collected will
continue to match the expenditures, and there will be no net fiscal impact to the City.
RECOMMENDATION:
• Introduce for first reading by title only Ordinance No.383 regarding the Fire Code; and
• Schedule a public hearing for adoption of the Ordinance for a later date; and
• Direct staff to publish notice of such hearing pursuant to Government Code section 6066.
ATTACHMENTS:
383_FireCodeOrdinance_D.pdf
CL_AGN_230626_CC_RedlineVersion_Chapter15.20.pdf
239
CL_AGN_230626_CC_LACounty_FireCodeTitle32Letter_051123.pdf
CL_AGN_230626_CC_GuidanceSuggestedModelOrdinance_LACFireCode2023Edition_042723.pdf
240
ORDINANCE NO. 383
AN ORDINANCE OF THE CITY OF ROLLING HILLS, CALIFORNIA,
ADOPTING BY REFERENCE TITLE 32, FIRE CODE, OF THE LOS
ANGELES COUNTY CODE, INCORPORATING THE CALIFORNIA FIRE
CODE, 2022 EDITION, WITH CERTAIN CHANGES AND AMENDMENTS;
AMENDING CHAPTER 15.20 OF THE ROLLING HILLS MUNICIPAL
CODE; AND FINDING THE ACTION EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
WHEREAS, in July 2022, the California Building Standards Commission adopted
the 2022 Edition of the California Building Standards Code (“CBSC”), effective January 1,
2023, and codified in Title 24 of the California Code of Regulations (“CCR”).
WHEREAS, the CBSC consists of building standards that regulate the erection,
construction, enlargement, alteration, repair, moving, removal, demolition, conversion,
occupancy, equipment, use, height, area, electrical systems, plumbing, mechanical
systems, and maintenance of all buildings in the state and includes the California
Fire Code (CCR, Title 24, Part 9).
WHEREAS, on January 31, 2023, the Los Angeles County Board of Supervisors
adopted Ordinance No. 2023-0008, amending Title 32 of the Los Angeles County Code
by repealing and replacing it with the 2022 Edition of the California Fire Code and making
certain local changes and amendments thereto.
WHEREAS, pursuant to California Government Code Section 50022.2, the City of
Rolling Hills (“City”) may adopt the 2022 Edition of the California Fire Code by reference.
WHEREAS, pursuant to sections 17958.7 and 18941.5 of the California Health &
Safety Code, the City may adopt local amendments to the California Fire Code
determined by the City Council to be reasonably necessary because of local climatic,
geological, or topographical conditions.
WHEREAS, the City desires to adopt Title 32 of the Los Angeles County Code and
the 2022 Edition of the California Fire Code without further local amendments.
THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES ORDAIN AS
FOLLOWS:
Section 1. Recitals. The City Council hereby finds and determines that the
Recitals above are true and correct and are incorporated herein.
Section 2. Chapter 15.20 (Fire Code) of Title 15 (Buildings and Construction) of
the City of Rolling Hills Municipal Code is amended to read as follows:
241
“Chapter 15.20 FIRE CODE
15.20.010 Adoption of Fire Code.
15.20.020 Short title.
15.20.025 Very high fire hazard severity zone (VHFHSZ).
15.20.030 Permits.
15.20.035 Reserved.
15.20.040 Local amendments—Reserved.
15.20.050 Violations.
15.20.060 Responsibility.
15.20.010 Adoption of Fire Code.
Except as hereinafter provided in this chapter, Title 32, Fire Code, of the
Los Angeles County Code, as amended and in effect on March 2, 2023,
which constitutes an amended version of the California Fire Code, 2022
Edition (Part 9 of Title 24 of the California Code of Regulations), is hereby
adopted by reference and made a part of this chapter as though set forth in
this chapter in full. Said codes shall constitute the Fire Code of the City of
Rolling Hills.
In the event of any conflict between provisions of the California Fire Code,
2022 Edition, Title 32 of the Los Angeles County Code, or any amendment
to the Fire Code contained in the Rolling Hills Municipal Code, the provision
contained in the latter-listed document shall control.
A copy of Title 32 of the Los Angeles County Code, along with a copy of the
California Fire Code, 2022 Edition, has been deposited in the office of the
City Clerk and shall be at all times while in force maintained by the Clerk for
use and examination by the public.
15.20.020 Short title.
This chapter shall be known as the “Fire Code of the City of Rolling Hills”
and may be cited as such.
15.20.025 Very high fire hazard severity zone (VHFHSZ).
The entire City of Rolling Hills is designated as a very high fire hazard
severity zone, as prescribed by the Director of the California Department of
Forestry and Fire Protection and as designated on a map titled City of
Rolling Hills VHFHSZ dated July 1, 2008, and which shall be retained on
file in the City Clerk’s office at the Rolling Hills City Hall.
15.20.030 Permits.
Any permit heretofore issued by the County of Los Angeles pursuant to the
Fire Code of said County, for work within the territorial boundaries of the
242
City of Rolling Hills, shall remain in full force and effect according to its
terms.
15.20.035 Reserved.
15.20.040 Local amendments—Reserved.
15.20.050 Violations.
Every person violating any provision of the Fire Code or of any permit or
license granted hereunder, or any rule, regulation, or policy promulgated
pursuant hereto, is guilty of a misdemeanor unless such violation is
declared to be an infraction by the Fire Code. Each such violation is a
separate offense for each and every day during any portion of which such
violation is committed, continued, or permitted, and conviction of any such
violation shall be punishable by a fine not to exceed one thousand dollars
or by imprisonment in the County Jail for a period not to exceed six months,
or by both such fine and imprisonment.
15.20.060 Responsibility.
Any person who personally or through another willfully, negligently, or in
violation of law sets a fire, allows a fire to be set, or allows a fire kindled or
attended by such person to escape from his or her control; allows any
hazardous material to be handled, stored, or transported in a manner not in
accordance with nationally recognized standards; allows any hazardous
material to escape from his or her control; neglects to properly comply with
any written notice of the Chief; or willfully or negligently allows the
continuation of a violation of the Fire Code and amendments thereto is liable
for the expense of fighting the fire or for the expenses incurred during a
hazardous materials incident, and such expense shall be a charge against
that person. Such charge shall constitute a debt of such person and is
collectible by the public agency incurring such expense in the same manner
as in the case of an obligation under a contract, express or implied.”
Section 3. All inconsistencies between the Fire Code, as adopted by this
ordinance, and Part 9 of the California Code of Regulations are changes, modifications,
amendments, additions, or deletions thereto authorized by California Health and Safety
Code Sections 17958 and 17958.7.
Section 4. Justifications for Local Amendments. The City Council hereby finds
that the changes and modifications to the California Fire Code enacted by this ordinance
are reasonably necessary because of the City’s local climate, which is characterized by:
hot, dry summers often resulting in drought conditions; strong Santa Ana winds often
resulting in hazardous fire conditions; heavy winter rains often resulting in expansive soil
conditions; the City’s geological characteristics in that the area is characterized by
geological instability; the City’s location in Southern California; and the relatively flat
topography of the City.
243
The City Council hereby finds that the modifications to the State Fire Code in Title
32 of the Los Angeles County Code are reasonably necessary because of the local
climatic, geological, and topographical conditions within the City of Rolling Hills. Further,
the modifications to the Fire Code in Title 32 of the Los Angeles County Code are
administrative in nature and are necessary to allow the uniform application of the codes
by procedures suited to the size and nature of the City’s staff and administrative agencies
by means suited to the City’s experience with local climatic, geological, and topographical
conditions and to provide sufficient staff support for the time-consuming inspections and
analyses required by the City’s fire and geological hazards.
Section 5. To the extent the provisions of this ordinance are substantially the
same as previous provisions of the Rolling Hills Municipal Code, these sections shall be
construed as continuations of those provisions and not as new enactments, unless
otherwise required by law.
Section 6. Severability. If any section, subsection, subdivision, paragraph,
sentence, clause, or phrase of this ordinance or any part hereof is for any reason held to
be invalid by a court of competent jurisdiction, such invalidity shall not affect the validity
of the remaining portions of this ordinance or any part thereof. The City Council of the
City of Rolling Hills hereby declares that it would have passed each section, subsection,
subdivision, paragraph, sentence, clause, or phrase hereof, irrespective of the fact that
any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or
phrases be declared invalid.
Section 7. California Environmental Quality Act. The City Council finds that this
ordinance is not a project within the meaning of Section 15378 of the California
Environmental Quality Act (“CEQA”) Guidelines because it has no potential for resulting
in physical change to the environment. Most of the terms of the building standards
adopted herein are dictated by the California Building Standards Code and county
amendments to the state standards only make those modifications necessary for local
regional conditions which are at least as protective of the environment as the state codes.
City-specific amendments, if any, are limited to creating administrative processes for local
enforcement of the state building standards, as modified by the county. Alternatively,
even if the ordinance is a project within the meaning of CEQA, its adoption is exempt from
CEQA under the general rule that CEQA only applies to projects that may cause
significant adverse effects on the environment. CEQA Guideline section 15061(b)(3). As
this ordinance is largely administrative in nature, there is no possibility that the City’s
action would adversely affect the environment in any manner that could be significant.
Section 8. Filing. The City Clerk shall file a certified copy of this Ordinance with
the California Building Standards Commission pursuant to section 17958.7 of the
California Health and Safety Code.
244
Section 9. Effective Date. This Ordinance shall take effect thirty (30) days after
its final passage and adoption, consistent with California Government Code section
36937.
PASSED, APPROVED and ADOPTED this __ day of _______, 2023.
_________________________________
Patrick Wilson, Mayor
ATTEST:
Christian Horvath, City Clerk
APPROVED AS TO FORM:
Patrick Donegan, City Attorney
245
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS )
I, Christian Horvath, City Clerk of the City of Rolling Hills, California, do hereby certify that
the foregoing Ordinance No. 383 was adopted at a regular meeting of the City Council of
the City of Rolling Hills held on the ___ day of __________, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
246
REDLINE VERSION – FOR REFERENCE ONLY
Chapter 15.20 FIRE CODE
15.20.010 Adoption of Fire Code.
15.20.020 Short title.
15.20.025 Very high fire hazard severity zone (VHFHSZ).
15.20.030 Permits.
15.20.035 Reserved.
15.20.040 Local amendments—Reserved.
15.20.050 Violations.
15.20.060 Responsibility.
15.20.010 Adoption of Fire Code.
Except as hereinafter provided in this chapter, Title 32, Fire Code, of the
Los Angeles County Code, as amended and in effect on March 2, 2023,
which constitutes an amended version of the California Fire Code, 2022
Edition (Part 9 of Title 24 of the California Code of Regulations), based on
the International Fire Code, 2021 Edition, is hereby adopted by reference
and may be cited as made a part of this chapter as though set forth in this
chapter in full. Said codes shall constitute the Fire Code of the City of
Rolling Hills.
In the event of any conflict between provisions of the California Fire Code,
2022 Edition, Title 32 of the Los Angeles County Code, or any amendment
to the Fire Code contained in the Rolling Hills Municipal Code, the provision
contained in the later latter-listed document shall control.
A copy of Title 32 of the Los Angeles County Code, along with a copy of the
California Fire Code, 2022 Edition, has been deposited in the office of the
City Clerk and shall be at all times while in force maintained by the Clerk for
use and examination by the public.
15.20.020 Short title.
This chapter shall be known as the “Fire Code of the City of Rolling Hills”
and may be cited as such.
15.20.025 Very high fire hazard severity zone (VHFHSZ).
The entire City of Rolling Hills is designated as a very high fire hazard
severity zone, as prescribed by the Director of the California Department of
Forestry and Fire Protection and as designated on a map titled City of
Rolling Hills VHFHSZ dated July 1, 2008, and which shall be retained on
file in the City Clerk’s office at the Rolling Hills City Hall.
15.20.030 Permits.
Any permit heretofore issued by the County of Los Angeles pursuant to the
247
REDLINE VERSION – FOR REFERENCE ONLY
Fire Code of said County, for work within the territorial boundaries of the
City of Rolling Hills, shall remain in full force and effect according to its
terms.
15.20.035 Reserved.
15.20.040 Local amendments—Reserved.
15.20.050 Violations.
Every person violating any provision of the Fire Code or of any permit or
license granted hereunder, or any rule, regulation, or policy promulgated
pursuant hereto, is guilty of a misdemeanor unless such violation is
declared to be an infraction by the Fire Code. Each such violation is a
separate offense for each and every day during any portion of which such
violation is committed, continued, or permitted, and conviction of any such
violation shall be punishable by a fine not to exceed one thousand dollars
or by imprisonment in the County Jail for a period not to exceed six months,
or by both such fine and imprisonment.
15.20.060 Responsibility.
Any person who personally or through another willfully, negligently, or in
violation of law sets a fire, allows a fire to be set, or allows a fire kindled or
attended by such person to escape from his or her control,; allows any
hazardous material to be handled, stored, or transported in a manner not in
accordance with nationally recognized standards,; allows any hazardous
material to escape from his or her control; neglects to properly comply with
any written notice of the Chief,; or willfully or negligently allows the
continuation of a violation of the Fire Code and amendments thereto is liable
for the expense of fighting the fire or for the expenses incurred during a
hazardous materials incident, and such expense shall be a charge against
that person. Such charge shall constitute a debt of such person and is
collectible by the public agency incurring such expense in the same manner
as in the case of an obligation under a contract, express or implied.
248
ANTHONY C . MARRONE
FIRE CHIEF
FORESTER & FIRE WARDEN
"Proud Protectors of Life,
the Environment, and Property"
May 11 , 2023
COUNTY OF LOS ANGELES
FIRE DEPARTMENT
1320 NORTH EASTERN AVENUE
LOS ANGELES , CALIFORNIA 90063-3294
(323) 881-2401
www.fire .lacounty .gov
BOARD OF SUPERVISORS
JANICE HAHN, CHAIR
FOURTH DISTRI CT
HILDA L. SOLIS
FIRST DISTRICT
LINDSEY P. HORVATH
THIRD DISTRICT
HOLLY J . MITCHELL
SECO ND DISTRI CT
KATHRYN BARGER
FIFTH DISTRICT
ATTENTION ALL CITY MANAGERS
ADOPTION OF THE 2023 LOS ANGELES COUNTY FIRE CODE -TITLE 32
This is to advise you that on January 31, 2023 , the County of Los Ange les (County) Board of
Supervisors adopted amendments to the Los Angeles County Code Title 32, also known as
the Los Angeles County Fire Code (LACFC), which became effective on March 2, 2023. The
2023 LACFC is now active in all areas within the jurisdiction of the Consolidated Fire
Protection District of the County of Los Angeles.
These local amendments are a set of regulations for the safeguarding of life and property
from fire and explosion hazards arising from the storage, handling , and use of hazardous
substances , materials and devices , and from conditions hazardous to life or property in the
occupancy of buildings and premises.
RESPONSIBILITIES
All City Managers shall adopt/ratify by ordinance or resolution the 2023 LACFC as the City's
Fire Code, and file/transmit the associated city council documentation and findings , as
described in the enclosed document.
To assist you in this process, the enclosure also includes sample city ordinance/resolution
language.
City Managers may access a copy of the Certified LACFC County Ordinance (#2023-0008) at
https://file.lacounty.gov/SDSlnter/bos/supdocs/177579 .pdf.
AGOURA HILLS
ARTESIA
AZUSA
BALDWIN PARK
BELL
BEL L GARDENS
BE LLFLOWER
BRADBURY
CALABASAS
SERVING THE UNINCORPORATED AREAS OF LOS ANGELES COUNTY AND THE CITIES OF :
CARSO N
CERRITOS
CLAREMO NT
COMMERCE
COV IN A
CUDAHY
DI AMOND BAR
DUARTE
EL MONTE
GARDENA
GLENDORA
HAWA II AN GARDENS
HAWTHO RN E
HERMOSA BEACH
HIDDEN HI LLS
HUNTIN GTON PARK
INDUSTRY
INGLEWOOD
IRWI ND ALE
LA CANADA-FLI NTR IDG E
LA HABRA
LA MIRADA
LA PUENTE
LAKEWOOD
LANCASTER
LAWNDALE
LOMITA
LYNWOOD
MALIBU
MAYWOOD
NORWALK
PALMDALE
PA LOS VERDES ESTAT ES
PARAMOUNT
PICO RI VERA
POMONA
RANCHO PALOS VERDES
ROLLING HILLS
RO LLIN G HILLS ESTATE S
ROSEMEAD
SAN DIMAS
SANTA CLAR ITA
S IGNAL HILL
SO UTH EL MO NTE
SOUTH GATE
TEMPLE CITY
VERNON
WALNUT
W EST HOLLYWOO D
W EST LAKE VI LLAGE
WH ITIIER 249
All City Managers
May 11, 2023
Page 2
If you need any assistance with the LACFC or a more restrictive building standard adoption
process , please contact Battalion Chief Richard Stillwagon, at (323) 890-4124, or Fire Fighter
Specialist Joshua Costello, at (213) 503-5468.
Very truly yours,
FIRE M S AL ALBERT YANAGISAWA
FIRE PREVENTION DIVISION
AY:es
Enclosure
c: Board Fire Deputies
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BACKGROUND:
The Los Angeles County Fire Code (LACFC) is adopted by the County of Los Angeles
(County) Board of Supervisors for the County and the Consolidated Fire Protection District of
Los Angeles County (District). It is also designed and promulgated to be adopted/ratified
by reference through official action by the governing bodies of the constituent/contracting
cities of the District.
The 2023 edition of the LACFC (as established by County Ordinance 2023-0008), which is
codified as Los Angeles County Code (LACC) Title 32, serves to express the County and District
amendments to the 2022 edition of the California Fire Code (CFC). These local amendments are
a set of regulations for the safeguarding of life and property from fire and explosion hazards
arising from the storage, handling, and use of hazardous substances, materials and devices,
and from conditions hazardous to life or property in the occupancy of buildings and
premises.
The CFC, being Part 9 of the California Building Standards Code (i.e., Part 9 of CCR Title 24),
is limited in scope to only address building standards. As such, the State does not adopt
many portions of the CFC publication, and many essential fire- and life-safety regulations are
left out, including basic fire apparatus access provisions. The unadopted portions of the CFC
come from the International Fire Code (IFC), and they serve as suggested provisions for local
fire authorities to consider for adoption. The State permits these unadopted provisions to
remain in the CFC publication because it is expected that the local fire authority will
promulgate local amendments to the CFC publication as necessary during the local fire-code
adoption proceedings.
While local fire codes are required to incorporate the State-adopted portions of the latest
CFC, these local fire codes are not limited in scope the way the CFC is; and local fire codes
can be more restrictive than even the State-adopted portions. As such, local fire codes adopt
the latest CFC by reference and then amend and add to it as necessary to be more specific
and restrictive in order to address local safety and administrative needs.
RECOMMENDATIONS:
1. Adopt/ratify, by reference, the 2023 Los Angeles County Fire Code (LACC
Title 32) as the fire code of your City:
See the samples of suggested ordinance/resolution text farther below in this
document.
The certified County Ordinance, #2023-0008, is available at:
https://file.lacounty.gov/SDSInter/bos/supdocs/177579.pdf
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2. File the City ordinance/resolution with the State of California:
The following documents should be transmitted by the constituent/contracting
City to the California Department of Housing and Community Development
(HCD), the California Building Standards Commission (CBSC), and the District (at
the addresses shown in Item #3 below):
(a) The city-governing-body signed and approved adopting
ordinance/resolution/motion.
(b) The associated findings of the city in support/justification of the
amendments being made to the 2022 edition of Part 9 of CCR Title 24
(i.e., the 2022 CFC). These findings are at the end of the LACFC County
Ordinance #2023-0008 (Section 445 thereof) and are also being included
at the end of this document, as Exhibit [X].
3. Address the above documents, to be filed with the State, to:
1.) HCD:
Department of Housing and Community Development
Division of Codes and Standards
State Housing Law Program
9342 Tech Center Drive, Suite 500
Sacramento, CA 95826
HCDBuildingStandards@hcd.ca.gov
2.) CBSC:
California Building Standards Commission
2525 Natomas Park Drive, Suite 130
Sacramento, CA 95833-2936
OrdinanceFilings@dgs.ca.gov
3.) Los Angeles County Fire Department:
Consolidated Fire Protection District of Los Angeles County
Fire Prevention Division
Assistant Chief Albert Yanagisawa, Fire Marshal
Albert.Yanagisawa@fire.lacounty.gov,
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Fire Fighter Specialist Joshua Costello, Codes and Ordinances Unit
Joshua.Costello@fire.lacounty.gov and
Fire-Prev-Codes-Ord@fire.lacounty.gov
The following samples of adoption/ratification language serve only as suggestions of city
language for the aforementioned city proceedings.
Following the sample legislation is Exhibit [X] (“FINDINGS IN SUPPORT OF ADOPTION
OF MORE RESTRICTIVE BUILDING STANDARDS”), which is the extract of Section 445 of
County Ordinance # 2023-0008, the ordinance that created the 2023 edition of the
Los Angeles County Fire Code. These findings should be referenced in the city’s
ordinance/resolution.
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SAMPLE #1 of LEGISLATION FOR ADOPTION:
ORDINANCE/RESOLUTION NO. _________
A[N] [ORDINANCE/RESOLUTION] of the [NAME OF CITY] adopting the 2023 edition of the
Los Angeles County Fire Code (Title 32 of the Los Angeles County Code), regulating and governing the
safeguarding of life and property from fire and explosion hazards arising from the storage, handling
and use of hazardous substances, materials and devices, and from conditions hazardous to life or property
in the occupancy of buildings and premises in the [NAME OF CITY]; providing for the issuance of
permits and collection of fees therefor; repealing [ORDINANCE/RESOLUTION] No. ______ of
the [NAME OF CITY].
The [GOVERNING BODY] of the [NAME OF CITY] does ordain as follows:
Section l. That a certain document, being marked and designated as the Los Angeles County Fire
Code (Title 32 of the Los Angeles County Code), 2023 edition, including chapters and appendices as
designated by Los Angeles County Fire Code Sections 100 and 101.2.1, and incorporating by reference
therein the California Fire Code, 2022 edition, in its entirety, as amended, and certain portions of the
International Fire Code, 2021 edition, not otherwise adopted, as amended, be and is hereby adopted as the
Fire Code of the [NAME OF CITY], in the State of California, regulating and governing the
safeguarding of life and property from fire and explosion hazards arising from the storage, handling
and use of hazardous substances, materials and devices, and from conditions hazardous to life or
property in the occupancy of buildings and premises as herein provided; providing for the issuance
of permits and collection of fees therefore; and each and all of the regulations, provisions, penalties,
conditions and terms of said Fire Code on file in the office of the [NAME OF CITY] are hereby
referred to, adopted, and made a part hereof, as if fully set out in this
[ORDINANCE/RESOLUTION], with the additions, insertions, deletions and changes, if any,
prescribed in Section 2 of this ordinance.
Section 2. That the following sections are hereby revised:
Fire Code Section _____. Insert: ______.
Section 3. That [ORDINANCE/RESOLUTION] No.______ of [NAME OF CITY] entitled
[FILL IN HERE THE COMPLETE TITLE OF THE FIRE CODE LEGISLATION OR
LAWS IN EFFECT AT THE PRESENT TIME IN YOUR CITY SO THAT THEY WILL BE
REPEALED BY SPECIFIC REFERENCE] and all other previous ordinances or parts of laws in
conflict herewith are hereby repealed.
Section 4. The [GOVERNING BODY] finds that each of the changes and modifications to the
California Fire Code adopted in this [ORDINANCE/RESOLUTION] are reasonably necessary due
to the local climatic, geological, or topographical conditions in the area encompassed by the
boundaries of the [NAME OF CITY]; and the [GOVERNING BODY] further finds that each of
the specific findings set forth in Exhibit [X] to this [ORDINANCE/RESOLUTION] which is
incorporated herein by this reference, individually and collectively support the local necessity for such
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changes and modifications. Accordingly, the [GOVERNING BODY] finds the modifications to the
State Building Standards Code incorporated in this [ORDINANCE/RESOLUTION] to be
reasonably necessary for the protection of the public’s health, safety, and welfare.
Section 5. That in the event of any conflict between legal provisions of the California Fire Code,
2022 edition; Title 32 of the Los Angeles County Code (the Los Angeles County Fire Code); and/or
any amendment to the Fire Code contained in the [NAME OF CITY] Municipal Code, the provision
contained in the latter listed document shall control.
Section 6. That if any section, subsection, sentence, clause or phrase of this legislation is, for any
reason, held to be unconstitutional, such decision shall not affect the validity of the remaining
portions of this ordinance. The [GOVERNING BODY] hereby declares that it would have passed
this law, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one
or more sections, subsections, sentences, clauses and phrases be declared unconstitutional.
Section 7. That nothing in this legislation or in the Fire Code hereby adopted shall be construed to
affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or
any cause or causes of action acquired or existing, under any act or ordinance hereby repealed as
cited in Section 4 of this law; nor shall any just or legal right or remedy of any character be lost,
impaired or affected by this legislation.
Section 8. That the [CITY'S KEEPER OF RECORDS] is hereby ordered and directed to cause
this legislation to be published. [An additional provision may be required to direct the number
of times the legislation is to be published and to specify that it is to be in a newspaper in
general circulation. Posting may also be required.]
Section 9. That this law and the rules, regulations, provisions, requirements, orders and matters
established and adopted hereby shall take effect and be in full force and effect [TIME PERIOD]
from and after the date of its final passage and adoption.
Section 10. The adoption of this [ORDINANCE/RESOLUTION] or any amendment to any
existing [ORDINANCE/RESOLUTION] of this [City] shall, not in any manner, affect the
prosecution for violations of [ORDINANCE/RESOLUTION]s committed prior to the effective
date of this [ORDINANCE/RESOLUTION].
Section 11. That a copy of the Los Angeles County Fire Code (Title 32 of the Los Angeles County
Code), incorporating the California Fire Code, 2022 edition, has been deposited in the office of the
[TITLE OF CITY'S KEEPER OF RECORDS] of the [NAME OF CITY] and shall be at all
times maintained by the [TITLE OF CITY'S KEEPER OF RECORDS] for use and examination
by the public.
Section 12. The [TITLE OF DESIGNEE] is hereby authorized and directed to transmit copies of
this signed [ORDINANCE/RESOLUTION] to the California Department of Housing and
Community Development, the California Building Standards Commission, and the County of Los
Angeles Fire Department, as required by California State statutes.
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SAMPLE #2 of LEGISLATION FOR ADOPTION:
ORDINANCE/RESOLUTION NO. _________
A[N] [ORDINANCE/RESOLUTION] of the [NAME OF CITY] ADOPTING THE Consolidated
Fire Protection District of Los Angeles County Fire Code, RATIFYING THE MORE
RESTRICTIVE BUILDING STANDARDS CONTAINED IN THAT CODE.
WHEREAS, the [NAME OF CITY] lies within the jurisdictional boundaries of the Consolidated
Fire Protection District of Los Angeles County (District); and
WHEREAS, the District has responsibility for fire protection within said jurisdictional boundaries;
and
WHEREAS, the County Board of Supervisors, acting as the Governing Body of the District did on
January 31, 2023, adopt amendments to the District Fire Code by adopting by reference, with certain
changes and amendments, the 2022 edition of the California Fire Code and portions of the 2021
edition of the International Fire Code; and
WHEREAS, as allowed by State law, the District Fire Code contains local amendments that
constitute more restrictive building standards relating to fire and panic safety than those adopted by
the State Fire Marshal and contained in the California Building Standards Code; and
WHEREAS, pursuant to Section 13869.7(c) of the California Health and Safety Code, local
amendments containing such more restrictive building standards are not effective within the
jurisdictional boundaries of the City until ratified by the [CITY’S GOVERNING BODY]; and
WHEREAS, it is the intention of the City to ratify all of these more restrictive building standards
and to have those standards be enforced in the City;
NOW, THEREFOREE, BE IT RESOLVED, that the [CITY’S GOVERNING BODY] takes the
following action:
1. Adopts the 2023 edition of the District Fire Code (the Los Angeles County Fire Code, i.e.
Title 32 of the Los Angeles County Code) as the Fire Code for the City,
2. Ratifies the Ordinance amending the District Fire Code, adopted on January 31, 2023, by
the Board of Supervisors which contains more restrictive building standards,
3. Finds that the more restrictive building standards contained in the District Fire Code are
reasonably necessary due to local climatic, geological, or topographical conditions in the
City and adopts by reference the specific findings made in Section 445 of the Ordinance
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adopted by the Board of Supervisors regarding these local conditions, a copy of which is
attached hereto as Exhibit [X],
4. Instructs the City Clerk to send a copy of this resolution to the following:
California Department of Housing and Community Development
Division of Codes and Standards
State Housing Law Program
9342 Tech Center Drive, Suite 500
Sacramento, CA 95826
HCDBuildingStandards@hcd.ca.gov
California Building Standards Commission
2525 Natomas Park Drive, Suite 130
Sacramento, CA 95833-2936
OrdinanceFilings@dgs.ca.gov
and
Consolidated Fire Protection District of Los Angeles County
Fire Prevention Division
5823 Rickenbacker Rd.
Commerce CA 90040
Office of the Fire Marshal
and
Codes and Ordinances Unit
PASSED, APPROVED, AND ADOPTED, this ________ day of _________, 2023
__________________________
[MAYOR]
ATTEST:________________________
[CITY CLERK]
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EXHIBIT [X] of CITY MOTION FOR ADOPTION:
Exhibit [X] - Section 450 from Ordinance Adopted by County Board of Supervisors on
January 31, 2023:
SECTION 445. FINDINGS IN SUPPORT OF ADOPTION OF MORE
RESTRICTIVE BUILDING STANDARDS.
The provisions of this ordinance contain various changes, modifications, and additions to
the 2022 California Fire Code. Some of those changes are administrative in nature in that they do
not constitute changes or modifications to requirements contained in the building standards
adopted by the State Fire Marshal and published in the California Building Standards Code.
Pursuant to Health and Safety Code Sections 17958.5, 17958.7, and 18941.5, the Board of
Supervisors hereby expressly finds and determines that all of the changes and modifications to
requirements contained in the building standards published in the California Building Standards
Code, contained in this ordinance, which are not administrative in nature, are reasonably
necessary because of local climatic, geological, or topographical conditions in the County of
Los Angeles and in the Consolidated Fire Protection District of Los Angeles County (“District”).
This expressed finding is supported and based upon the following more specific determinations:
CLIMATIC – The County of Los Angeles/District is located in an area subject to climatic
conditions with long periods of low humidity and hot weather, combined with unpredictable
seasonal high winds (Santa Ana wind conditions), resulting in increased exposure to fire risk.
This combination of events creates an environment that is conducive to rapidly spreading fires.
Control of such fires requires rapid response. With the time that is required to deal with potential
obstacles from the wind, such as fallen trees, street lights, and utility poles, in addition to the time
required to climb 75 feet vertically up flights of stairs, the ability to respond rapidly is negatively
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impacted. Additionally, there is a significant increase in the amount of wind at 60 feet above the
ground. Use of aerial-type firefighting apparatus above this height would place rescue personnel
at increased risk of injury. High winds will also cause burning embers to become airborne
resulting in the rapid spread of a fire to nearby structures. Immediate containment of a fire is the
only method by which it can be controlled during high wind conditions. In high fire severity zones,
a unique combination of low humidity, strong winds, and dry vegetation exists.
GEOLOGICAL – The County of Los Angeles/District is located in the middle of the
seismically active area identified as Seismic Zone 4. The viability of the public water system would
be questionable at best after a major seismic event. Tall buildings would become vulnerable to
uncontrolled fires due to a lack of available water and an inability to pump sufficient quantities of
any available water to floors above the 55-foot level. A severe seismic event has the potential to
negatively impact any rescue or fire suppression activities because it is likely to create significant
physical obstacles and logistical challenges. With the probability of strong aftershocks, there exists
a need to provide increased protection for anyone on upper floors.
Geological conditions created by the numerous faults will result in increased fire danger to
structures, delayed Fire Department response, and unique rescue challenges. Seismic events of
sufficient magnitude will cause substantial damage to structures. These damages are likely to be
accompanied by a substantial number of fires that may exceed the Fire Department suppression
capabilities. Accordingly, built-in fire suppression systems provide the only adequate measure to
mitigate the potential hazards from and damage caused by such fires.
The County of Los Angeles/District is subject to occasional severe rainstorms. The impacts
from these rainstorms are exacerbated if hillside areas have been burned by wildland fires
because significant mud and debris flows can occur. Mud and debris flows can impair Fire
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Department access or delay response times if access roads are obstructed by mud or debris.
TOPOGRAPHICAL – The topographical conditions of the County of Los Angeles/District
includes many mountains, hills, and canyons which tend to accelerate the periodic high-velocity
winds by means of a Venturi effect. These canyon winds and the significant growth of vegetation of a
combustible nature increase the fire danger. Additionally, long periods of dry, hot weather, combined
with unpredictable seasonal winds (Santa Ana wind conditions) result in increased exposure to fire
risk. The hillside areas have access roads that are narrow, steep, and contain many sharp curves, all
of which makes timely response by large fire apparatus difficult.
The specific sections of this code that constitute more restrictive building standards are
identified in the table set forth below. The more restrictive building standards contained in this code
and identified in the table below shall be applicable only in those cities served by the District which
have ratified the aforesaid sections in accordance with California Health and Safety Code Section
13869.
Section Local Condition Explanation and Findings
304.1.2 –
Vegetation
Climatic and
Topographical
Local amendment requiring brush clearance to
maintain defensible space for fire operations that
is necessary due to the unique climate and
topography of the County/District to reduce risk of
fire and to minimize the spreading of fire to
structures.
314.4 –
Vehicles
Climatic,
Geological, and
Topographical
Local amendment providing the fuel-amount
equivalencies for indoor display of vehicles using
alternative fuels and other newer technologies.
Necessary due to the increased risks of fire,
earthquake movement and damage, and
unpredictable power fluctuations that are
consequences of the unique climatic,
topographical, and geological conditions of the
County/District. These factors also complicate
response times, water needs and availability, and
access.
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Section Local Condition Explanation and Findings
316.6.1 –
Structures
Climatic,
Geological, and
Topographical
Imposes additional requirements for the
grounding of construction under high-voltage
transmission lines to protect property, the public,
and fire fighters responding to emergencies.
Necessary due to the unique climate and
topography of the County/District to reduce risk of
fire, to reduce the possibility of fires being causes
by downed high-voltage transmission lines, to
minimize the spreading of fires that may begin
under transmission lines, and to protect fire
fighters responding to emergencies under
transmission lines. Further necessary because
risk of fire is increased due to the prevalence of
earthquakes in the County/District.
321 – Artificial
Combustible
Vegetation
Administrative Deletion in order to clarify that neither the State
nor the District adopts this section or the sections
of Chapter 8 that are referenced by it.
322.3 – Fire
safety plan
Administrative Declaratory of existing law for clarification to the
code user.
322.4.1 –
Limited indoor
storage in
containers
Climatic,
Geological, and
Topographical
Local amendment providing the ability for the fire
code official to consider other factors affecting
the safety of the placement containers used for
the collection of damaged and used lithium-
based batteries. These batteries have been
identified as a known source of fires, especially
when damaged or aged. Necessary due to the
increased risks of fire, earthquake damage, and
unpredictable power fluctuations that are
consequences of the unique climatic,
topographical, and geological conditions of the
County/District. These factors also complicate
response times, water needs and availability, and
access.
326.7 – Fire
protection
facilities
required
Climatic,
Geological, and
Topographical
Local amendment to require fire safety measures
including but not limited to water supply,
firebreaks, posting of fire watchers, access roads,
restriction of activities during high fire hazard and
other conditions to maintain reasonable fire
safety. Necessary due to the unique climate and
topography of the County/District to reduce risk of
fire, to reduce the possibility of wildland fires
spreading to structures, and to minimize impacts
of fire. Further necessary because risk of fire is
increased due to the prevalence of earthquakes
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Section Local Condition Explanation and Findings
in the County/District.
326.12.2 –
Chimneys
Climatic and
Topographical
Local amendment to reduce the threat of fires by
requiring spark arrestors on chimneys that is
necessary due to the unique climate and
topography of the County/District to reduce risk of
fire and to minimize impacts of fire. Such spark
arrestors reduce the likelihood of embers exiting
a chimney and igniting a fire. These spark
arrestors are required by the SFM in both CCR
Title 19 and the Building Code.
326.14 –
Roadway
clearance
Climatic and
Topographical
Local amendment requiring clearance of
roadways to provide adequate access for
firefighting apparatus, to create defensible space
for fire operations, and to reduce the possibility of
wildland fires spreading to structures. Necessary
due to the unique climate and topography of the
County/District.
401.10 – Fire
watch
procedures,
401.10.1,
401.10.2,
401.10.3,
401.10.4,
401.10.5,
401.10.6.
Climatic,
Geological, and
Topographical
Provides for consistency in the minimum
requirements of a fire watch program. Necessary
to ensure adequate response times and actions
due to the unique climatic and topographical
conditions that increase the risk of fires in fire
hazard severity zones. Further necessary
because risk of fire is increased due to the
prevalence of earthquakes in the County/District.
503.1.1 –
Buildings and
facilities
Climatic,
Geological, and
Topographical
Provides for clarification regarding the
determination of the fire code official for certain
special circumstances. Necessary to ensure
adequate response times and actions due to the
unique climatic and topographical conditions that
increase the risk of fires in fire hazard severity
zones. Further necessary because risk of fire is
increased due to the prevalence of earthquakes
in the County/District.
503.1.2 –
Additional
access.
Climatic,
Geological, and
Topographical
Provides for additional access requirements
necessary because of terrain, climate, or other
factors that limit access. Necessary to ensure
adequate response times due to the unique
climatic and topographical conditions that
increase the risk of fires in fire hazard severity
zones. Further necessary because risk of fire is
increased due to the prevalence of earthquakes
in the County/District.
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Section Local Condition Explanation and Findings
503.2.1 –
Dimensions,
503.2.1.1,
503.2.1.2,
503.2.1.2.1,
503.2.1.2.2,
503.2.1.2.2.1,
503.2.1.2.2.2
Climatic,
Geological, and
Topographical
Requires unobstructed clearance to sky on fire
apparatus access roads with exception for
protected tree species. Necessary to prevent
obstruction of access roads by tree limbs or other
obstructions and thus allow for quick response
times to fires and other emergencies. Necessary
to ensure adequate response times due to the
unique climatic and topographical conditions that
increase the risk of fires in fire hazard severity
zones. Requires sufficient fire apparatus access
road widths and the location of said roads in
respect to buildings. Necessary because risk of
fire and collapse is increased due to the
prevalence of earthquakes in the County/District.
503.2.4 –
Turning radius,
503.2.5 –
Dead-ends,
503.2.7 –
Grade
Climatic,
Geological, and
Topographical
Provides for more stringent width, turning radius,
and grade specifications for access roads to
ensure access for fire apparatus. Necessary due
to unique climatic and topographical conditions
that increase the risk of fires. Further necessary
because risk of fire is increased due to the
prevalence of earthquakes in the County/District.
503.4 –
Obstruction of
fire apparatus
access roads
Climatic,
Geological, and
Topographical
Adds speed bumps and speed humps to list of
prohibited obstructions to fire apparatus access
roads. Speed bumps and speed humps reduce
response times to fires and other emergencies
because fire apparatus have to slow down to
pass over them or drive around them. Necessary
to ensure adequate response times due to the
unique climatic and topographical conditions that
increase the risk of fires in fire hazard severity
zones. Further necessary because risk of fire is
increased due to the prevalence of earthquakes
in the County/District.
503.4.1 –
Traffic-calming
devices
Climatic,
Geological, and
Topographical
Requires fire code official approval to install
traffic calming devices such as speed bumps and
speed humps. Such devices can reduce
response times to fires and other emergencies.
Necessary to ensure adequate response times
due to the unique climatic and topographical
conditions that increase the risk of fires in fire
hazard severity zones. This section is necessary
because the risk of fire is increased due to the
prevalence of earthquakes in the County/District.
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503.6 – Gates Climatic,
Geological, and
Topographical
Requires gates placed across fire apparatus
access roads meet parameters to ensure
emergency access widths and operability.
Necessary due to the increased risks of fire,
earthquake damage, and electrical power
interruption that are consequences of the unique
climatic, topographical, and geological conditions
of the County/District.
503.7 – Fire
apparatus
access roads
in recreational
vehicle, mobile
home,
manufactured
housing, sales
lots, and
storage lots
Climatic,
Geological, and
Topographical
Requires fire apparatus access roads in
recreational vehicle, mobile home, manufactured
housing, sales lots, and storage lots. Necessary
to ensure adequate water supply and access to
such locations due to the unique climatic and
topographical conditions that increase the risk of
fires in fire hazard severity zones. Further
necessary because the risk of fire is increased
due to the prevalence of earthquakes in the
County/District.
503.8 – Fire
apparatus
access roads
in mobile
home parks
and special
occupancy
parks
Climatic,
Geological, and
Topographical
Requires additional fire apparatus access roads
in mobile home parks and special occupancy
parks. Necessary to ensure adequate water
supply and access to such locations due to the
unique climatic and topographical conditions that
increase the risk of fires in fire hazard severity
zones. Further necessary because risk of fire is
increased due to the prevalence of earthquakes
in the County/District.
504.5 –
Rooftop
barriers and
parapets
Climatic,
Geological, and
Topographical
Provides for emergency access to and egress
from the roof in the event of fire or other
emergency. Necessary because of increased
danger of fire in the County/District due to unique
climatic, geological, and topographical conditions.
506.1 – Where
required
Climatic,
Geological, and
Topographical
Local amendment providing for access to
structures or areas where immediate access is
necessary for life-saving or fire-fighting purposes.
Necessary due to the increased risks of fire,
earthquake damage, and unpredictable power
fluctuations that are consequences of the unique
climatic, topographical, and geological conditions
of the County/District. These factors also
complicate response times, water needs and
availability, and access.
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507.2.2 –
Water tanks
Climatic,
Geological, and
Topographical
Requires installation and maintenance standards
for water tanks providing water for fire protection.
Extends certain requirements to associated
support structures and piping. Necessary due to
the increased risks of fire and exposure that are
consequences of the unique climatic,
topographical, and geological conditions of the
County/District. These unique conditions also
increase emergency response times, thereby
increasing the time during which these water tank
systems must remain in functional order.
507.5.10 –
Draft system
identification
sign
Climatic,
Geological, and
Topographical
Provides posting of sign to notify Fire Department
of draft hydrants, including those for swimming
pools and spas in fire hazard severity zone.
Necessary because of unique climatic and
topographical conditions that increase the risk of
fires in fire hazard severity zones. Further
necessary because risk of fire is increased due to
the prevalence of earthquakes in the
County/District.
509.1.1 –
Utility and
hazardous
equipment
identification,
509.2 –
Equipment
and
disconnection-
means access,
509.3
Climatic,
Geological, and
Topographical
Provides for identification and access to the
disconnection means that are required for
hazardous equipment and/or energy sources
serving structures, as necessary for the
protection of life and for fire-fighting purposes.
Necessary due to the increased risks of fire,
earthquake damage, and unpredictable power
fluctuations that are consequences of the unique
climatic, topographical, and geological conditions
of the County/District. These factors also
complicate response times, water needs and
availability, and access.
510.1 –
Emergency
responder
communication
coverage
(ERCC) in new
buildings
Administrative Clarifies how the fire code official will make the
determination that is required of them by the
State code.
510.4.1,
510.4.1.1,
510.4.1.2,
510.4.2,
510.4.2.3,
510.5, 510.5.1,
Climatic,
Geological, and
Topographical
When the circumstances of a structure
necessitate emergency responder
communication coverage systems, this
amendment specifies “critical areas” of the
building, referred to in the State code, at which it
is critical that emergency personnel have radio
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510.5.4, 510.6,
510.6.2
ERCC –
coverage
coverage. This list of areas is built upon the list
of areas that are required to be served when a
wired system is installed in lieu of an emergency
responder radio coverage system. Systems are
required to be provided with standby power for a
duration of time. Amendment also clarifies
required design standards otherwise left up to
determination by the fire code official. Necessary
due to the increased risks of fire, earthquake
movement and damage, and electrical power
interruption that are consequences of the unique
climatic, topographical, and geological conditions
of the County/District. Further necessary due to
the artificial topographical physical features of a
structure or area that limit and/or interfere with
emergency radio communications for first
responders.
603.4 –
Working space
and
clearances
Climatic,
Geological, and
Topographical
Provides for maintenance of the working
clearances that are required to be maintained
about electrical equipment such as electrical
panels and other equipment specified by the
Electrical Code. Necessary due to the increased
risks of fire, earthquake damage, and
unpredictable power fluctuations that are
consequences of the unique climatic,
topographical, and geological conditions of the
County/District. These factors also complicate
response times, water needs and availability, and
access.
603.4.1 –
Electrical
signage and
labeling
Climatic,
Geological, and
Topographical
Provides clarification of the interpretation of this
section, and reference to the related section of
code. Necessary due to the increased risks of
fire, earthquake damage, and unpredictable
power fluctuations that are consequences of the
unique climatic, topographical, and geological
conditions of the County/District. These factors
also complicate response times, water needs and
availability, and access.
604.4 –
Emergency
signs
Climatic,
Geological, and
Topographical
Provides guidance with local criteria that the fire
code official will use in making the determination
required of them by this section. Necessary due
to the increased risks of fire, earthquake damage,
and unpredictable power fluctuations that are
consequences of the unique climatic,
topographical, and geological conditions of the
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County/District. These factors also complicate
response times, water needs and availability, and
access.
901.6 –
Inspection,
testing, and
maintenance
Climatic,
Geological, and
Topographical
Prohibits obstruction or impairment of fire
protection and life safety system equipment,
including initiating devices, alarm notification
appliances, and annunciators. Necessary due to
the increased risks of fire, earthquake damage,
and unpredictable power fluctuations that are
consequences of the unique climatic,
topographical, and geological conditions of the
County/District. These factors also complicate
response times, water needs and availability, and
access.
901.6.4 –
Aboveground
controls and
valves for
water-based
fire protection
systems
Climatic,
Geological, and
Topographical
Introductory section to Sections 901.6.4.1
through 901.6.4.4. Necessary due to the
increased risks of fire, earthquake damage, and
unpredictable power fluctuations that are
consequences of the unique climatic,
topographical, and geological conditions of the
County/District. These factors also complicate
response times, water needs and availability, and
access.
901.6.4.1 –
Signage
Climatic,
Geological, and
Topographical
Provides signage requirements for water-control
valves to facilitate fire-fighter identification and
use of said valves in an emergency. Necessary
because of unique climatic and topographical
conditions that increase the risk of fires in fire
hazard severity zones. Further necessary
because risk of fire is increased due to the
prevalence of earthquakes in the County/District.
901.6.4.2 –
Locks
Climatic,
Geological, and
Topographical
Provides for the security, and accessibility to
proper authorities, of water-based fire protection
systems. Necessary due to the increased risks
of fire, earthquake damage, and unpredictable
power fluctuations that are consequences of the
unique climatic, topographical, and geological
conditions of the County/District. These factors
also complicate response times, water needs and
availability, and access.
901.6.4.3 –
Painting
identification
Climatic,
Geological, and
Topographical
Provides for the identification and maintenance of
water-based fire protection systems. Necessary
due to the increased risks of fire, earthquake
damage, and unpredictable power fluctuations
that are consequences of the unique climatic,
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topographical, and geological conditions of the
County/District. These factors also complicate
response times, water needs and availability, and
access.
901.6.4.4 –
Clear space
Climatic,
Geological, and
Topographical
Provides clearance requirements for water-
control valves to facilitate fire-fighter identification
and use of said valves in an emergency.
Necessary because of unique climatic and
topographical conditions that increase the risk of
fires in fire hazard severity zones. Further
necessary because risk of fire is increased due to
the prevalence of earthquakes in the
County/District.
903.2.8 –
Group R
Climatic,
Geological, and
Topographical
Requires that fire sprinklers be installed in mobile
homes and manufactured homes located outside
of mobile home parks. Necessary due to the
increased risks of fire and exposure that are
consequences of the unique climatic,
topographical, and geological conditions of the
County/District.
903.2.11.7 –
Occupancies
in fire hazard
severity zones
and within the
San Gabriel
South face
Area or
Malibu–Santa
Monica
Mountains
Area
Climatic,
Geological, and
Topographical
Provides an additional level of protection to
occupancies in case of a fire by requiring
installation of automatic fire sprinklers.
Necessary because of unique climatic and
topographical conditions that increase the risk of
catastrophic fires in fire hazard severity zones
and due to the topography that reduces response
times to fires. Further necessary because risk of
fire is increased due to the prevalence of
earthquakes in the County/District.
903.4.2,
903.4.2.1 –
Remote
annunciator
Climatic,
Geological, and
Topographical
Provides for fire-fighter access to the alarm
system information/status where necessary due
to otherwise being inaccessible or inapparent.
Necessary due to the increased risks of fire,
earthquake damage, and unpredictable power
fluctuations that are consequences of the unique
climatic, topographical, and geological conditions
of the County/District. These factors also
complicate response times, water needs and
availability, and access.
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904.1.1 –
Certification of
service
personnel for
fire-
extinguishing
Equipment
Administrative Clarification to the code user that neither the
Consolidated Fire Protection District of
Los Angeles County, nor the State of California
adopt this section.
904.3.5 –
Monitoring
Climatic,
Geological, and
Topographical
Requires monitoring of all automatic fire-
extinguishing systems when a sprinkler
monitoring system is otherwise required.
Necessary due to the increased risks of fire and
exposure that are consequences of the unique
climatic, topographical, and geological conditions
of the County/District.
905.2.1 –
Class I
standpipes
Climatic Construction and installation requirements for
Class I standpipes to ensure adequate fire
protection systems and water supply due to fires
in the hot and windy climate of the
County/District.
905.4 –
Location of
Class I
standpipe
hose
connections,
905.4.3
Climatic Installation/Regulation of Fire Protection System
to ensure proper location of hose connection to
control fires in the hot and windy climate of the
County/District.
905.5.3 –
Class II
system
1½-inch hose
Climatic Installation and regulation of interior wet
standpipes to ensure adequate fire protection
system due to fires in the hot and windy climate
of the County/District.
905.9 – Riser
shutoff valve
supervision
and drain
Climatic Additional requirements to fire protection system
for testing, maintenance, and operation.
Necessary because of increased danger of fire in
the County/District due to hot and windy
conditions.
905.13 –
Standpipe
diameter
Climatic Size requirements for Class III standpipes to
ensure adequate fire protection system.
Necessary because of increased danger of fire in
the County/District due to hot and windy
conditions.
910.2 – Where
required
Climatic and
geological
Requires smoke and heat removal for buildings.
Necessary to increase ability of fire fighters to
respond to, and fight, fires in buildings.
Necessary because of increased danger of fire in
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the County/District due to hot and windy
conditions and the prevalence of earthquakes in
the County/District.
910.2.3 –
Group S-2
Climatic,
Geological, and
Topographical
Requires smoke and heat removal for basement-
level parking garages. Necessary to increase
ability of fire fighters to respond to fires in parking
garages. Necessary due to the increased risks of
fire and earthquake damage that are
consequences of the unique climatic,
topographical, and geological conditions of the
County/District. Further necessary due to the
artificial topographical physical features of a
structure or area that limit and/or interfere with
the ability of emergency responders to protect
life, property, and the environment.
910.3 –
Smoke and
heat vent
design and
installation.
910.3.2,
910.3.4,
910.3.4.1,
910.3.4.2,
910.3.4.2.1,
910.3.4.2.2,
910.3.4.3
910.3.5
Climatic,
Geological, and
Topographical
Requirements for smoke and heat vents in
buildings. Necessary due to the increased risks
of fire and earthquake damage that are
consequences of the unique climatic,
topographical, and geological conditions of the
County/District. Further necessary due to the
artificial topographical physical features of a
structure or area that limit and/or interfere with
the ability of emergency responders to protect
life, property, and the environment.
910.4.3,
910.4.4 –
Mechanical
smoke
removal
systems
Geological Requirements for smoke and heat vents and
mechanical smoke removal systems in buildings.
Necessary because of increased danger of fire in
the County/District due to seismic concerns with
potential water supply issues.
912.2 –
Location
Geological and
Topographical
Requires that more than one fire department
connection may be required. Necessary due to
natural and artificial local topography, and the
effects of seismic activity that could limit and/or
interfere with the ability of emergency responders
to access certain locations.
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912.2.1 –
Visible location
Climatic,
Topographical,
Geological
Requires fire department connections to be
located within 150 feet of a public fire hydrant
and at a safe distance from the building.
Necessary because of increased danger of fire in
the County/District due to hot and windy
conditions. Further necessary because the risk
of fire is increased due to the prevalence of
earthquakes in the County/District.
912.7 –
Inspection,
testing and
maintenance
Climatic,
Geological, and
Topographical
Clarifies where provisions for signage, painting,
hose threads, physical protection, and clear
space, for fire department connections, shall
apply. Necessary due to the increased risks of
fire, earthquake damage, and unpredictable
power fluctuations that are consequences of the
unique climatic, topographical, and geological
conditions of the County/District. These factors
also complicate response times, water needs and
availability, and access.
912.8 –
Identification
— paint color
Climatic,
Topographical
Requires red paint on fire department
connections subject to rust or corrosion to identify
them to fire fighters and protect from the
elements. Necessary because of increased
danger of fire in the County/District due to hot
and windy conditions.
912.9 –
Breakable
caps or plugs
Climatic,
Topographical
Requires breakable caps or plugs for fire hose
couplings to protect them from the elements and
to ensure easy access to the fire department
connection during fires. Necessary because of
increased danger of fire in the County/District due
to hot and windy conditions.
914.9.1 –
Spray booths
Climatic Requires spray booths to have automatic fire
sprinkler system protection under specified
conditions. Necessary because of increased
danger of fire in the County/District due to hot
and windy conditions. Further necessary
because the risk of fire is increased due to the
prevalence of earthquakes in the County/District.
1032.4 – Exit
signs,
1032.4.1,
1032.4.2,
1032.4.3
Climatic,
Geological, and
Topographical
Requirements for minimum exit signage
maintenance, including a bringing-to-one-location
of existing CA requirements scattered about the
code and/or providing reference thereto.
Addresses warnings against elevator use in an
emergency, and stairway access. Necessary to
ensure proper notice and evacuation in case of
fire or other emergency. Necessary because of
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increased danger of fire in the County/District due
to hot and windy conditions. Further necessary
because risk of fire and need for evacuation is
increased due to the prevalence of earthquakes
in the County/District.
1103.11 – Fire
department
access
Climatic,
Geological, and
Topographical
Clarifies where provisions for fire department
access apply, including reference to a related
section of the code. Necessary due to the
increased risks of fire, earthquake damage, and
unpredictable power fluctuations that are
consequences of the unique climatic,
topographical, and geological conditions of the
County/District. These factors also complicate
response times, water needs and availability, and
access.
1203.2.3 –
Emergency
responder
communication
coverage
systems.
Climatic,
Geological, and
Topographical
Maintains current level of safety by maintaining
current standby-power capacity duration for
emergency responder communication coverage
systems. Necessary due to the increased risks
of fire, earthquake damage, and unpredictable
power fluctuations that are consequences of the
unique climatic, topographical, and geological
conditions of the County/District. These factors
also complicate response times, water needs and
availability, and access.
1203.2.5 –
Exhaust
ventilation
Climatic,
Geological, and
Topographical
Maintains current level of safety by maintaining
current standby-power capacity duration for
electrical energy storage system mechanical
exhaust ventilation systems. Necessary due to
the increased risks of fire, earthquake damage,
and unpredictable power fluctuations that are
consequences of the unique climatic,
topographical, and geological conditions of the
County/District. These factors also complicate
response times, water needs and availability, and
access.
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1203.2.7 –
Gas detection
systems
Climatic,
Geological, and
Topographical
Corrects reference number for section
addressing exhaust ventilation for electrical
energy storage systems. Necessary due to the
increased risks of fire, earthquake damage, and
unpredictable power fluctuations that are
consequences of the unique climatic,
topographical, and geological conditions of the
County/District. These factors also complicate
response times, water needs and availability, and
access.
1204.4 –
Grounding
Climatic,
Geological, and
Topographical
Clarifies when grounding will be required of
portable generators. Necessary due to the
increased risks of fire, earthquake damage, and
unpredictable power fluctuations that are
consequences of the unique climatic,
topographical, and geological conditions of the
County/District. These factors also complicate
response times, water needs and availability, and
access.
1205.2 –
Access and
pathway
Climatic,
Geological, and
Topographical
Clarifies that exceptions to access and pathway
requirements may not negate the ability of
occupants to reliably identify escape and rescue
pathways and avoid electrified components
therein. Necessary due to the increased risks of
fire, earthquake damage, and unpredictable
power fluctuations that are consequences of the
unique climatic, topographical, and geological
conditions of the County/District. These factors
also complicate response times, water needs and
availability, and access.
1205.4 –
Buildings with
rapid
shutdown
Climatic,
Geological, and
Topographical
Provides reference to the related section of code.
Necessary due to the increased risks of fire,
earthquake damage, and unpredictable power
fluctuations that are consequences of the unique
climatic, topographical, and geological conditions
of the County/District. These factors also
complicate response times, water needs and
availability, and access.
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1205.5.1 –
Vegetation
control
Climatic,
Geological, and
Topographical
Clarifies where this maintenance provision
applies. Necessary due to the increased risks of
fire, earthquake damage, and unpredictable
power fluctuations that are consequences of the
unique climatic, topographical, and geological
conditions of the County/District. These factors
also complicate response times, water needs and
availability, and access.
1206.10 –
Manual shutoff
Climatic,
Geological, and
Topographical
Provides reference to the related section of code,
and harmonizes this section thereto. Necessary
due to the increased risks of fire, earthquake
damage, and unpredictable power fluctuations
that are consequences of the unique climatic,
topographical, and geological conditions of the
County/District. These factors also complicate
response times, water needs and availability, and
access.
1207.1.2 –
Permits,
1207.1.3,
1207.1.4,
1207.1.4.1,
1207.1.4.2,
1207.1.5,
1207.1.7
Climatic,
Geological, and
Topographical
Require approved permitting for electrical energy
storage systems (ESS), including
criteria/clarification regarding hazard mitigation
analysis and special approvals beyond what the
code allows by default. Necessary due to the
increased risks of fire, earthquake damage, and
unpredictable power fluctuations that are
consequences of the unique climatic,
topographical, and geological conditions of the
County/District. These factors also complicate
response times, water needs and availability, and
access.
1207.3.4,
1207.3.4.1,
1207.3.5
Climatic,
Geological, and
Topographical
Specifies design and installation requirements for
electrical energy storage systems (ESS).
Necessary due to the increased risks of fire,
earthquake damage, and unpredictable power
fluctuations that are consequences of the unique
climatic, topographical, and geological conditions
of the County/District. These factors also
complicate response times, water needs and
availability, and access.
1207.4 –
General
installation
requirements,
1207.4.1,
1207.4.2,
1207.4.7,
Climatic,
Geological, and
Topographical
Specifies/clarifies location, separation, and
signage requirements for electrical energy
storage systems (ESS). Provides clarification
and reference to other code requirements already
applicable to these installations. Necessary due
to the increased risks of fire, earthquake damage,
and unpredictable power fluctuations that are
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1207.4.8 –
Signage
consequences of the unique climatic,
topographical, and geological conditions of the
County/District. These factors also complicate
response times, responding resources, water
needs and availability, and access.
1207.5.2,
1207.5.8,
Table 1207.7,
1207.7.1,
1207.7.2,
1207.7.3,
1207.7.4,
1207.8.3,
1207.8.4
Climatic,
Geological, and
Topographical
Specifies/clarifies location and separation
requirements for electrical energy storage
systems (ESS). Maintains preexisting safety
levels. Necessary due to the increased risks of
fire, earthquake damage, and unpredictable
power fluctuations that are consequences of the
unique climatic, topographical, and geological
conditions of the County/District. These factors
also complicate response times, water needs and
availability, and access.
1207.4.13,
1207.5.4 –
Fire detection,
1207.6.1.1,
1207.6.1.2,
1207.6.1.2.1,
1207.6.1.2.2,
1207.6.1.2.3,
1207.6.1.2.4
Climatic,
Geological, and
Topographical
Specifies requirements for fire-extinguishing
systems, ventilation, standby power, gas
detection, explosion control, and the ability to
release energy, for electrical energy storage
systems (ESS). Includes references to the code
sections regarding fire department connections
and hydrants. Necessary due to the increased
risks of fire, earthquake damage, and
unpredictable power fluctuations that are
consequences of the unique climatic,
topographical, and geological conditions of the
County/District. These factors also complicate
response times, water needs and availability, and
access.
Table 1207.6,
1207.6.1.1–
1207.6.1.2.4
Climatic,
Geological, and
Topographical
Specifies design and installation requirements for
various battery technologies used in electrical
energy storage systems (ESS). Necessary due
to the increased risks of fire, earthquake damage,
and unpredictable power fluctuations that are
consequences of the unique climatic,
topographical, and geological conditions of the
County/District. These factors also complicate
response times, water needs and availability, and
access.
1207.6.3 –
Explosion
control
Administrative Corrects typo to reference therein to a section
within Chapter 1, which was reorganized in
2021/2022.
1207.4.6 –
Combustible
storage,
Climatic,
Geological, and
Topographical
Clarifies that combustible storage within ESS
cabinets and enclosures is not allowed, and that
vegetation maintenance (operational)
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1207.5.7 –
Vegetation
requirements for electrical energy storage
systems (ESS) apply to both new and existing
installations. Necessary due to the increased
risks of fire, earthquake damage, and
unpredictable power fluctuations that are
consequences of the unique climatic,
topographical, and geological conditions of the
County/District. These factors also complicate
response times, water needs and availability, and
access.
1207.9.4,
1207.9.5
Climatic,
Geological, and
Topographical
Addresses special installations of battery energy
storage systems (ESS), including those on
rooftops and in parking garages. Necessary due
to the increased risks of fire, earthquake damage,
and unpredictable power fluctuations that are
consequences of the unique climatic,
topographical, and geological conditions of the
County/District. These factors also complicate
response times, water needs and availability, and
access.
Table 1207.10,
1207.10.6,
1207.10.7.2,
1207.10.7.3,
1207.10.7.6
Climatic,
Geological, and
Topographical
Addresses mobile versions of electrical energy
storage system (ESS) installations. Necessary
due to the increased risks of fire, earthquake
damage, and unpredictable power fluctuations
that are consequences of the unique climatic,
topographical, and geological conditions of the
County/District. These factors also complicate
response times, water needs and availability, and
access.
1207.11,
1207.11.1,
1207.11.2.1,
1207.11.3,
1207.11.3.1,
1207.11.4,
1207.11.5.1,
1207.11.6,
1207.11.7,
1207.11.7.1,
Figure
1207.11.7.1,
1207.11.7.2,
1207.11.7.3,
1207.11.7.4,
1207.11.7.4.1,
Climatic,
Geological, and
Topographical
Addresses installations of battery energy storage
systems in Group R-3 and R-4 occupancies.
Maintains and clarifies standing requirements in
the jurisdiction in order to maintain minimum
levels of safety regarding explosion, fire, and
toxic gas hazards, both for the property in
question and that of neighboring properties.
Necessary due to the increased risks of fire,
earthquake damage, and unpredictable power
fluctuations that are consequences of the unique
climatic, topographical, and geological conditions
of the County/District. These factors also
complicate response times, responding
resources, water needs and availability, and
access.
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1207.11.7.4.2,
1207.11.8
2007.9 –
Emergency
Helicopter
Landing
Facility
(EHLF),
2007.9.1
Climatic and
Topographical
Provides for public safety by an
evacuation/landing area on high-rise buildings
and the maintenance thereof. Necessary due to
large number of high-rise buildings in the
County/District and difficulty in evacuating high-
rise buildings, and getting resources thereto, in
case of fire or other emergency.
2007.10 –
Ground-based
helicopter
facilities,
2007.10.1 –
Surface
Climatic,
Geological, and
Topographical
Provides design standards for helistops and
heliports, primarily for establishment in fire
hazard severity zones, to enable helicopters and
associated water tenders and support equipment
to safely operate to conduct operations to combat
fires and render other services in those areas.
Necessary because of increased danger of fire in
the County/District due to hot and windy
conditions and topography that hinders the ability
for fire apparatus to gain access to remote
portions of the County/District. Further
necessary due to the increased risks of
earthquake damage that complicate response
times, water needs and availability, and access.
2007.10.2 –
Hydrant
Climatic;
Topographical
Requires a hydrant next to helistops and
heliports, especially in fire hazard severity zones,
to enable helicopters to fill their tanks to facilitate
water drops on wildland fires in those areas, and
for response to aviation accidents. Necessary
because of increased danger of fire in the
County/District due to hot and windy conditions
and topography that hinders the ability for fire
apparatus to gain access to remote portions of
the County/District.
2007.10.3 –
Access
Climatic;
Topographical
Adopts requirements for fire apparatus access to
helistops and heliports, especially in fire hazard
severity zones, to enable support equipment and
apparatus associated with helicopter operations
to combat fires and render other services in those
areas. Necessary because of increased danger
of fire in the County/District due to hot and windy
conditions and topography that hinders the ability
for fire apparatus to gain access to remote
portions of the County/District.
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2007.11 –
Maintenance,
2007.11.1 –
Fire
Department
permit
required
Climatic,
Geological, and
Topographical
Requires maintenance of the safe and necessary
functionality of a new or existing helicopter facility
intended to some extent for emergency Fire
Department use. Where such functionality or
availability is impaired, a permit and/or
notification is required. Necessary because of
increased danger of fire in the County/District due
to hot and windy conditions; and both topography
and seismic geological activity that hinders the
ability for fire apparatus to gain access to
portions of the County/District, including for
patient care.
2203.3 – Dust-
collection
systems
Climatic,
Geological, and
Topographical
Clarifies applicability of this provision, corrects
reference error by the State, and maintains the
required interlock provision. Necessary due to
the increased risks of fire, earthquake damage,
and unpredictable power fluctuations that are
consequences of the unique climatic,
topographical, and geological conditions of the
County/District. These factors also complicate
response times, water needs and availability, and
access.
2203.4.2 –
Static
electricity
Climatic,
Geological, and
Topographical
Maintains the requirement for permanent
grounding or bonding in accordance with
approved standards. Necessary due to the
increased risks of fire, earthquake damage, and
unpredictable power fluctuations that are
consequences of the unique climatic,
topographical, and geological conditions of the
County/District. These factors also complicate
response times, water needs and availability, and
access.
2404.4 – Fire
protection
Climatic Provides for spray booths to be equipped with
automatic fire sprinklers. Necessary because of
increased danger of fire in the County/District due
to hot and windy conditions.
2504.6, 2507.2
– Fruit and
crop-ripening
Climatic and
Geological
Provides requirements for fruit and crop ripening
operations to prevent ignition of ethylene gas and
reduce risk of fire and explosion. Necessary
because of increased danger of fire in the
County/District due to hot and windy conditions
and to reduce risk of fires and explosion from
earthquakes.
3104.5 –
Helicopter
Climatic,
Geological, and
Provides notice within the section concerning
tents and temporary membrane structures that
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landing
facilities
Topographical consideration must be given to nearby helicopter
landing facilities so as not to interfere with their
safe and necessary functionality. Necessary
because of increased danger of fire in the
County/District due to hot and windy conditions;
and both topography and seismic geological
activity that hinders the ability for ground-based
fire apparatus to gain access to portions of the
County/District, including for patient care.
3107.15.2.1 –
Quantity limit
Climatic,
Geological, and
Topographical
Harmonizes the code by providing reference to
the related section of the code. Necessary
because of increased danger of fire in the
County/District due to hot and windy conditions;
and both topography and seismic geological
activity that hinders the ability for ground-based
fire apparatus to gain access to portions of the
County/District, including for patient care.
3107.18 –
Combustible
vegetation
Climatic and
Topographic
Increased clearance requirements for
combustible vegetation near tents and membrane
structures. Necessary to increase fire and life
safety around such structures and to create
defensible space. Necessary because of fire risk
due to climate and unique topography of the
County/District.
Table 3206.2 Climatic and
Geological
Removes an exception for smoke and heat
removal in high-piled combustible storage.
Necessary because of unique climatic conditions
that increase the risk of fires. Further necessary
because risk of fire is increased due to the
prevalence of earthquakes in the County/District.
3305.5.2.1 –
Duties
Climatic,
Geological, and
Topographical
Harmonizes this new provision to the other
longstanding requirements for fire watch within
the code. Necessary because of increased
danger of fire in the County/District due to hot
and windy conditions; and both topography and
seismic geological activity that hinders the ability
for ground-based fire apparatus to gain access to
portions of the County/District, including for
patient care.
3505.9 –
Flashback
prevention
Geological Requires protective devices to be installed on
fuel gas and oxygen lines to increase safety and
reduce risk of explosion and fire. Necessary
because risk of leaks or tank failure is increased
due to the prevalence of earthquakes in the
County/District.
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4801.3 –
Definitions
Climatic,
Geological, and
Topographical
Clarifies the interpretation of the code for the
code user. Necessary because of increased
danger of fire in the County/District due to hot
and windy conditions; and both topography and
seismic geological activity that hinders the ability
for ground-based fire apparatus to gain access to
portions of the County/District, including for
patient care.
4902.1 –
General
Climatic,
Geological, and
Topographical
Provides definitions by which to clarify the
interpretation of the code for the code user.
Necessary because of increased danger of fire in
the County/District due to hot and windy
conditions; and both topography and seismic
geological activity that hinders the ability for
ground-based fire apparatus to gain access to
portions of the County/District, including for
patient care.
4906.2 –
Application
Climatic,
Geological, and
Topographical
Serves to clarify the interpretation of the code for
the code user. Necessary because of increased
danger of fire in the County/District due to hot
and windy conditions; and both topography and
seismic geological activity that hinders the ability
for ground-based fire apparatus to gain access to
portions of the County/District, including for
patient care.
4906.3 –
Landscape
Plans,
4906.3.1 –
Contents
Climatic,
Geological, and
Topographical
Original content is being moved to become
subsections of 4906.3, and these sections are
being utilized to explain the administrative
procedures for fuel modification plans in fire
hazard severity zones within the jurisdiction.
Necessary because of increased danger of fire in
the County/District due to hot and windy
conditions; and both topography and seismic
geological activity that hinders the ability for
ground-based fire apparatus to gain access to
portions of the County/District, including for
patient care.
4906.3.2 –
Penalties,
4906.3.3 –
Appeals,
4906.3.4 Fuel
modification
plan review
fee schedule
Administrative Provide administrative procedures regarding the
fuel modification plan process.
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4906.3.5,
4906.3.5.1,
4906.4,
4906.4.1,
4906.4.2,
4906.4.2.1
Administrative Renumbering of code sections for harmonization
with longstanding local provisions within which
these processes (newly described by new State
language) have and will continue to take place.
4907.3 –
Requirements
Administrative Provides reference to other applicable codes;
declaratory of existing law.
4907.3 –
Requirements
Climatic and
Topographical
Local amendment providing notice of preexisting
requirement that defensible space shall also
comply with vegetation clearance requirements
elsewhere in the Fire Code (e.g., for LPG tanks,
PV, and ESS), as well as specifically within
Chapter 3 of this code. Necessary due to the
unique climate and topography of the
County/District to reduce risk of fire and to
minimize impacts of fire in Fire Hazard Severity
Zone.
5003.11.3.8 –
Floors
Climatic and
Geological
Creates requirements for floors in buildings
where hazardous materials are used or stored.
Necessary to increase fire and life safety and to
minimize fire danger from hazardous materials.
Necessary because risk of fire and spillage of
hazardous materials is increased due to the
prevalence of earthquakes in the County/District.
5704.2.8.3 –
Secondary
containment
Geological Requires secondary containment of flammable
and combustible liquids that are necessary to
increase fire and life safety and to prevent fires
involving flammable and combustible liquids from
spreading. Necessary because risk of leaks or
tank failure is increased due to the prevalence of
earthquakes in the County/District.
5704.2.8.16.1
– System
requirements
Climatic and
Geological
Requires foam deluge system. Necessary
because of increased danger of fire in the
County/District due to climatic conditions and
because risk of leaks or tank failure is increased
due to the prevalence of earthquakes in the
County/District.
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5704.2.9.1.1 –
Required foam
fire protection
systems
Geological and
Climatic
Requires all existing aboveground tanks
exceeding 1,500 square feet of liquid surface
area used for the storage of Class I or Class II
flammable liquids to be provided with foam fire
protection. Necessary because of increased
danger of fire in the County/District due to
climatic conditions and because risk of leaks or
tank failure is increased due to the prevalence of
earthquakes in the County/District.
5704.2.9.6.1.3
– Location of
tanks for boil
over liquids
Geological and
Climatic
Provides for additional spacing between tanks to
reduce fire danger and help prevent fire from
spreading to adjacent tanks. Necessary because
of increased danger of fire in the County/District
due to climatic conditions and because risk of
leaks or tank failure is increased due to the
prevalence of earthquakes in the County/District.
5704.3.7.6 –
Construction
Geological and
Climatic
Construction and fire access requirements for
liquid storage rooms. Necessary because of
increased danger of fire in the County/District due
to climatic conditions and because risk of
explosion or container failure is increased due to
the prevalence of earthquakes in the
County/District.
5706.5.1.1 –
Location
Geological and
Climatic
Provides increased distances for bulk transfer
and process transfer operations so that they are
farther away from the public and other buildings.
Necessary because of increased danger of fire in
the County/District due to climatic conditions and
because risk of leaks or tank failure is increased
due to the prevalence of earthquakes in the
County/District.
5706.5.1.19 –
Liquid transfer
Geological and
Climatic
Class I, II, or III liquids shall be transferred from a
tank vehicle or tank car only into an approved
atmospheric tank or approved portable tank.
Necessary because of increased danger of fire in
the County/District due to climatic conditions and
because risk of leaks or tank failure is increased
due to the prevalence of earthquakes in the
County/District.
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6104.4 –
Multiple LP-
gas container
installations
Geological and
Climatic
Requirements for LP-gas storage tank distances.
Necessary because of increased danger of fire in
the County/District due to climatic conditions and
because risk of leaks or tank failure is increased
due to the prevalence of earthquakes in the
County/District.
Chapter 81 –
Automobile
wrecking yards
8104 – Fire
apparatus
access roads
8106 –
Housekeeping
8108 – Tires
8110.4 –
Batteries
Climatic,
Geological, and
Topographical
Creates requirements for fire access roads and
storage requirements for tire storage in
automobile wrecking yards to enable fire
apparatus and fire fighters to gain access to fight
fires and respond to emergencies. Necessary
due to the increased risks of fire, earthquake
damage, and unpredictable power fluctuations
that are consequences of the unique climatic,
topographical, and geological conditions of the
County/District. These factors also complicate
response times, water needs and availability, and
access.
Chapter 82 –
Infractions
Administrative Lists the violations deemed to be infractions
rather than the standard misdemeanor required
by the provisions of Chapter 1.
Chapter 83 –
Consolidated
Fire Protection
District Of Los
Angeles
County Fire
Code
Administrative Declaration of this code as the Fire Code for the
Consolidated Fire Protection District of
Los Angeles County (“District”).
Appendix B,
Section
B105.1 – One-
and two-family
dwellings,
Group R-3 and
R-4 buildings
and
townhouses
Topographical
and Climatic
Provides for increased minimum fire-flow in fire
hazard severity zones to allow for more water to
be available to fight fires. Necessary because of
increased danger of fire in the County/District due
to climatic and topographical conditions.
Appendix B,
Section
B105.5 – Land
subdivision
projects
Topographical
and Climatic
Provides for increased fire-flow for subdivisions
of certain undeveloped land due to the
undetermined building size and type of
construction to allow for sufficient water to be
available to fight fires. Necessary because of
increased danger of fire in the County/District due
to climatic and topographical conditions.
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Appendix C,
Section
C102.2 –
Location on
street
Topographical
and Climatic
Provides for hydrant spacing on streets to ensure
hydrants are accessible to fire fighters.
Necessary because of increased danger of fire in
the County/District due to climatic and
topographical conditions.
Appendix C,
Section
C105.2 –
One- and two-
family
dwellings, and
Group R-3
buildings
Topographical
and Climatic
Provides for hydrant spacing to ensure that water
is available to fight fires. Necessary because of
increased danger of fire in the County/District due
to climatic and topographical conditions.
Appendix C,
Section
C105.3 -
Buildings other
than one- and
two-family
dwellings, and
Group R-3
buildings
Topographical
and Climatic
Provides for hydrant spacing for buildings other
than one- and two-family dwellings, and Group R-
3 buildings to ensure that there is adequate water
supply available to fight fires. Necessary
because of increased danger of fire in the
County/District due to climatic and topographical
conditions.
Appendix C,
Section
C105.4 –
Cul-de-sac
hydrant
location
Topographical
and Climatic
Provides for hydrant spacing for cul-de-sacs to
ensure that there is adequate water supply
available to fight fires. Necessary because of
increased danger of fire in the County/District due
to climatic and topographical conditions.
Appendix C,
Section
C106 - On-site
hydrants
Topographical
and Climatic
Provides requirements for on-site hydrants to
ensure that there is adequate water supply
available to fight fires. Necessary because of
increased danger of fire in the County/District due
to climatic and topographical conditions.
Appendix O,
Section O103
– General
requirements
Topographical,
Geographic, and
Climatic
Provides various design and location
requirements for temporary haunted houses,
ghost walks, and similar amusement uses where
the means of egress are not apparent due to
decorative materials, confusing sounds, and/or
visual effects. Necessary because of increased
danger of fire in the County/District due to
climatic and topographical conditions and the
prevalence of earthquakes in the County/District.
Appendix PP –
Local Agency
Very High Fire
Administrative Portion of ordinance serving to fulfill the Statutory
requirements of the County/District per California
Government Code Sections 51175 through
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ADOPTION & FILING OF THE
LOS ANGELES COUNTY FIRE CODE
Rev. 2023-03-23 Page 35 of 35
Hazard
Severity Zones
51189. Recognizes the authorities of the State to
impose Fire Hazard Severity Zone designations
and of individual cities to expand upon them
within the parameters defined by State statute.
Also serves to define the “Malibu–Santa Monica
Mountains Area” and the “San Gabriel Mountains
South face Area” for the sprinkler provisions
therein, as described in Chapter 9.
Appendix QQ
– Los Angeles
County Fire-
Code Fee
Schedule
Administrative Provides the code user with the Fire Department
fee schedule, specifically for the services
provided by the Fire Department in accordance
with the Fire Code.
Appendix RR
– Rifle Range
Topographical
and Climatic
Provides the basic fire- and life-safety
requirements for the operation of rifle ranges.
Necessary because of increased danger of fire in
the County/District due to climatic and
topographical conditions.
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Agenda Item No.: 13.B
Mtg. Date: 06/26/2023
TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM:CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO
CITY MANAGER
THRU:DAVID H. READY
SUBJECT:CONSIDERATION OF PARTICIPATING IN A CATALYTIC CONVERTER
ETCHING EVENT IN COLLABORATION WITH THE LOS ANGELES
COUNTY SHERIFF'S DEPARTMENT, THE CITY OF ROLLING HILLS
ESTATES AND THE CITY OF RANCHO PALOS VERDES ON JULY 29,
2023
DATE:June 26, 2023
BACKGROUND:
In recent years the theft of catalytic converters has grown considerably both nationwide and
locally. Catalytic converters have become a hot commodity for thieves because of their value,
relative ease to steal (unbolt or cut out), and lack of identifying markings. The lack of
identification makes it hard to identify victims and successfully apprehend and prosecute
criminals. Thieves take stolen catalytic converters to metal recyclers. The recyclers will pay up
to $250 per converter for the precious metals inside them. Victims, however, will pay an
average of $1000 (or their deductible) to replace it.
While any vehicle manufactured after 1974 can be considered a target for catalytic converter
thieves, the most targeted vehicles are typically:
Trucks and SUV's - Because trucks and SUVs are higher off the ground, thieves do not
need to jack the vehicle up to slide underneath and remove the catalytic converter.
Light vehicles - Lighter vehicles, such as the Toyota Prius are a target vehicle because
they can be quickly jacked up off the ground to remove the catalytic converter.
Catalytic converter thieves are very quick - some have been known to steal a
catalytic converter in less than two minutes. Some of the most common places that they
target vehicles are:
Driveways or Streets - Catalytic converter thieves will target vehicles parked on
driveways or streets, especially at night and if the driveways or street is not lit since
there is less chance that they will be seen.
Auto Dealer Lots - Auto dealer lots are targets, especially at night when thieves
may target lots of vehicles in a short period of time. Some lots have reported
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having as many as 20 catalytic converters stolen in one night.
Parking Lots - Large parking lots may also be targets for catalytic converter
thieves. Catalytic converter thieves have been known to steal catalytic converters
during the day at these locations. A look out will stand watch while another person
steals the catalytic converter from the vehicle.
DISCUSSION:
As a result, many local jurisdictions have hosted etching events in collaboration with their local
Police Departments or the Los Angeles County Sheriff's Department (LACSD.) The City of
Rancho Palos Verdes has proposed hosting an etching event at their City Hall location for the
residents of Rolling Hills, Rolling Hills Estates and Rancho Palos Verdes on Saturday, July 29,
2023 from 9am to 1pm.
Rancho Palos Verdes has confirmed the following information in coordination with the LACSD
and a Torrance Auto Shop:
Host location- Ken Dyda Civic Center Parking Lot 30940 Hawthorne Blvd., RPV -
Overflow lot
LACSD will provide the Core Deputies to check registration on the cars.
LACSD will provide explorers to assist with directing vehicles and people at the location.
Appointment registration is not required.
Event time: 9am-1pm
Etcher: 8:30am-1:00pm
Participants must be residents of RPV, RHE, or RH only
Event day staffing/setup will be a coordinated effort between the three cities
The cost for the etching service is $1,100 for 4 etchers and would be split evenly amongst the
participating city organizations if approved.
FISCAL IMPACT:
The cost for this event would be $366.67. There are available funds for the FY 23/24 public
safety budget in 01-25-833 or in 01-01-776 Misc. Expenses
RECOMMENDATION:
Provide direction to staff.
ATTACHMENTS:
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Agenda Item No.: 14.A
Mtg. Date: 06/26/2023
TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM:ELAINE JENG,
THRU:DAVID H. READY
SUBJECT:DISCUSS SOUTHBAY CITIES COUNCIL OF GOVERNMENT (SBCCOG)
MEMBERSHIP DUES (MAYOR WILSON)
DATE:June 26, 2023
BACKGROUND:
None.
DISCUSSION:
None.
FISCAL IMPACT:
None.
RECOMMENDATION:
Receive a report from Mayor Pat Wilson and provide direction to staff.
ATTACHMENTS:
CL_AGN_230626_CC_SBCCOG_FY23-24_DuesInvoice.pdf
288
L O C A L G O V E R N M E N T S I N A C T I O N
Carson El Segundo Gardena Hawthorne Hermosa Beach Inglewood Lawndale Lomita
Manhattan Beach Palos Verdes Estates Rancho Palos Verdes Redondo Beach Rolling Hills
Rolling Hills Estates Torrance Los Angeles District #15 Los Angeles County
2355 Crenshaw Blvd., #125
Torrance, CA 90501
(310) 371-7222
sbccog@southbaycities.org
www.southbaycities.org
FY 2023-2024 MEMBERSHIP DUES INVOICE
May 19, 2023
Christian Horvath, Assistant to the City Manager
City of Rolling Hills
2 Portuguese Bend Road
Rolling Hills, CA 90274
The South Bay Cities Council of Governments (SBCCOG) is pleased to report another successful year
working with our member cities and the county to help advance important programs while
assisting cities and program funders in meeting their goals and continuing to recover from the
effects of the pandemic.
We are continuing to include the special assessment for a regional planner to work with cities on
land use issues. There has been very positive feedback from the Board and the Community
Development Directors on the work we are doing through this position.
City of Rolling Hills Membership Dues - Fiscal Year 2023-2024 $6,817
Special Assessment for Regional Planner $2,000
TOTAL AMOUNT DUE: $8,817
Mail check payable to:
South Bay Cities Council of Governments
2355 Crenshaw Blvd., Suite 125
Torrance, California 90501
289
Agenda Item No.: 14.B
Mtg. Date: 06/26/2023
TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM:CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO
CITY MANAGER
THRU:DAVID H. READY
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 26, 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.
290
ATTACHMENTS:
CL_AGN_230626_CC_Foundation_Prelim_Report.pdf
291
1
TO: ROLLING HILLS CITY COUNCIL
FROM: MAYOR PAT WILSON AND M.P.T. LEAH MIRSCH
SUBJECT: CONSIDERATION OF ESTABLISHMENT OF A CHARITABLE FOUNDATION TO SUPPORT CITY PROJECTS
DATE: JUNE 26, 2023
BACKGROUND
In order to support and fund community projects that are beyond their resources, many cities have established
Nonprofit Charitable Foundations. These foundations are classified under IRS rules as 501c3 corporations, and allow
donations made to the corporation to be tax-deductable.
The other 3 peninsula cities each have a charitable foundation of their own. RHE’s Pepper Tree Foundation was
established in 1982, PVE’s Palos Verdes Foundation was established in 2020, and most recently, RPV formed the RPV
Community Foundation earlier this year. Although the purpose or mission statements for each of these entities may
vary slightly, the common threads are community enhancements - including beautification and preservation efforts-,
safety projects, protection of open spaces, and providing recreational and educational opportunities.
Members of our community have expressed interest in establishing a similar type of foundation for Rolling Hills. As
private citizens, not on behalf of the council, Pat Wilson and Leah Mirsch have engaged with other councilmembers and
private residents involved with each of the above referenced organizations to learn more about what is involved,
practicality for our city, legal and accounting issues, structure and governance , etc.
The purpose of this report is to share preliminary information, at a very high level, of what we’ve gathered so far, and
determine if the council has interest in pursuing this issue as a city-supported effort.
GOVERNANCE AND STRUCTURE
There are basically 3 types of structures and composition of the foundation’s governing body:
1. The Board of Directors (governing body) is comprised entirely of the members of the city council.
2. The Board is comprised of private residents, with the exception of 1 or 2 members of the council.
3. The Board is comprised entirely of private residents.
RHE and RPV are organized under Option 1, with the council serving as the foundation’s board, while PVE is structured
with 1 member of the council (who was the founder and current president)serving on the board, and all other directors
are private residents. Each of the structures have benefits and limitations, which can be discussed in further detail
should the council wish to pursue this matter, but it is important to recognize that there is much interaction required
between the council, city and the foundation – acceptance of gifts, work on public properties, etc. normally require
council approval, and in some cases meet certain criteria.
There are also very strict legal and accounting requirements to establish and maintain the 501c3 designation, including
government reporting requirements, legal support, tax preparation, audits, administrative support, etc. These
requirements cost money, are very time-consuming, and are often best handled by specialists in the area of charitable
foundations.
EXPLORATION OF OTHER OPPORTUNITIES
In discussions with representatives from the Palos Verdes Foundation (PVE), the members raised the possibility that for
a fee there may be a path for Rolling Hills to establish a separate foundation for our city that would be under their
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2
organization. They explained that the administrative cost to operate their foundation is about 15 cents on the dollar,
and suggested that if we joined them they would provide the administrative support for a management fee of 15% of
funds collected to our separate foundation. We held a subsequent meeting with the board president and their attorney
to further define the practicality and challenges of such an affiliation, and identified issues that would need further
development, including the specific provisions that our residents could donate to a separate designated fund, and
expenditures from that fund would be approved by directors representing Rolling Hills.
If it could be worked out, Rolling Hills could benefit from PVE foundation’s established structure (including staff
support), enabling us to become operational much more quickly. The fee is high, and we suggest to research and
compare it to administrative costs for Pepper Tree (RPV has not been established long enough to have relevant data) to
determine cost/benefit analysis. We advised PV Foundation we would be reaching out to council and the community to
determine interest and would advise them if we wished to explore this possibility further.
FISCAL IMPACT
Unknown at this time.
SUMMARY
Establishment of a Charitable Foundation could provide the city with an additional funding source for projects/items
that are beyond their financial resources. It would also provide opportunities for residents to support specific projects or
purchases that may appeal to them, and give them an increased feeling of involvement and/or control of expenditures.
This report has provided a very brief overview of the issue, but leadership, resources and effort will be required to mov e
forward. The first group of items to be addressed includes:
1. Gathering more information and providing cost /benefit analysis, and additional requirements of establishing and
maintaining a charitable foundation
2. Determining level of interest within the community
3. Determine governing structure and consideration of affiliation with PVE’s Peninsula Foundation
4. Identifying and recruiting a core group of volunteers to work on the issue and engage with the community
5. Fundraising strategies
6. Explore possible opportunities to partner with the Rolling Hills Community Association
7. Continued report –outs and recommendations for council’s consideration
RECOMMENDATIONS
We believe this is an idea worth pursuing.
We recommend the council consider the information in the report and agree to take a leadership role in further
exploration of the benefits, requirements, practicality and costs associated with the formation of a Charitable
Foundation.
To facilitate the effort, we recommend that the council form an ad hoc committee, with Mayor Wilson and M.P.T .
Mirsch as its members, and provide direction to the committee. The committee would report back to council at
specified intervals (suggest every 2 months) and receive further direction after each report-out.
We are available to answer any questions. Thank you for your consideration
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Agenda Item No.: 14.C
Mtg. Date: 06/26/2023
TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM:ELAINE JENG,
THRU:DAVID H. READY
SUBJECT:CONSIDER PROVISION IN THE CIVILIAN OVERSIGHT COMMIITTEE
RECOMMENDATION MANDATING AUTOMATIC REASSIGNMENT OF
SHERIFF'S DEPARTMENT PATROL PERSONNEL EVERY FIVE YEARS
AND PROVIDE DIRECTION TO STAFF (MAYOR PRO TEM LEAH
MIRSCH, AND COUNCILMEMBER BEA DIERINGER)
DATE:June 26, 2023
BACKGROUND:
On January 12, 2016, the Los Angeles County Board of Supervisors voted to implement a
Sheriff Civilian Oversight Commission (COC) with the mission to improve public transparency
and accountability with respect to the Los Angeles County Sheriff’s Department.
In November 2021, the Sheriff COC directed the Chair of the Commission to engage pro bono
Special Counsel to assist the Commission to investigate the existence and activities of
problematic deputy groups, often referred to as “deputy gangs” or “cliques,” within the Los
Angeles County Sheriff’s Department. In February, the Commission released their report
(Attachment B). The comprehensive report provides a series of recommendations for the
Sheriff’s Department to consider. One recommendation, “Re-Deployment and Rotations”
outlined as item V, subsection C in the report, suggests that the Sheriff’s Department
involuntarily rotate patrol deputies every five years, as a tactic to avoid the formation of deputy
cliques or gangs.
DISCUSSION:
Separately, Mayor Pro Tem Leah Mirsch, and Councilmember Bea Dieringer requested staff
to discuss this item at the June 26, 2023 City Council meeting.
Rolling Hills contracts with the Los Angeles County Sheriff's Department for law enforcement,
along with Rolling Hills Estates and Rancho Palos Verdes via a shared contract.
The City and neighboring jurisdictions have worked extensively over the last several years with
the Lomita Sheriff Station personnel in emergency preparedness planning and with great
emphasis on wildfire response planning/training.
294
The City spends a considerable amount of time developing relationships with station personnel
as they serve as community resources in public safety, crime prevention, and neighborhood
preservation. Additionally, local station personnel fosters connections with the community to
provide excellent community-based policing. The mandate to reassign patrol personnel would
impact these ongoing efforts.
The Association of L.A. County Sheriffs (ALADS) is requesting contract cities to contact
Supervisor Hahn and request that a provision in the recent COC's recommendations
mandating automatic reassignment of patrol personnel every 5 years be reconsidered. A draft
letter of opposition supplied by ALADS is attached.
It should be noted that the City of Rolling Hills would not be taking a position on the remaining
sections of the COC’s recommendations.
FISCAL IMPACT:
None.
RECOMMENDATION:
Review provision and provide direction to staff.
ATTACHMENTS:
CL_AGN_230626_CC_CivilianOversightCommission_Recommendations_DeputyGangsReport_3.2.2023.PDF
CL_AGN_230626_CC_ALADS_DraftLetterForCitiesOpposing_COC_RotationRec.pdf
295
REPORT AND RECOMMENDATIONS OF THE SPECIAL COUNSEL
TO SHERIFF CIVILIAN OVERSIGHT COMMISSION REGARDING
DEPUTY GANGS AND DEPUTY CLIQUES IN THE LOS ANGELES
COUNTY SHERIFF’S DEPARTMENT
February 2023
296
Sheriff Civilian Oversight Commission
COMMISSIONERS
Sean Kennedy, Chair Jamon R. Hicks, Vice Chair
Irma Hagans Cooper
James P. Harris Hans Johnson
Luis S. Garcia Patricia Giggans
Robert C. Bonner Lael Rubin
Brian K. Williams, Executive Director
SPECIAL COUNSEL TO THE COMMISSION
Lead Special Counsel: Bert Deixler of Kendall Brill & Kelly Other Special Counsel
included
Bart Williams and Susan L. Gutierrez of Proskauer
Ashley Bowman and Ariel Neuman of Bird Marella
Carolyn Kubota and Ellen Choi of Covington
William Forman of Winston & Strawn (on behalf of Loyola Law School Center
for Juvenile Law and Policy)
297
L. Ashley Aull and Robyn Bacon of Munger Tolles & Olson (on behalf of
Loyola Law School Center for Juvenile Law and Policy)
Naeun Rim and Sarah Moses of Manatt
Clark Brown, former General Counsel L.A. County Bar
Richard Drooyan, Consultant
Adam Dawson, lead investigator
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i
TABLE OF CONTENTS
Page
PREFACE ......................................................................................................................... 1
THE EXISTENCE OF DEPUTY GANGS AND DEPUTY CLIQUES IN THE LOS ANGELES
COUNTY SHERIFF’S DEPARTMENT ......................................................................... 3
I. INTRODUCTION..................................................................................................... 3
II. INVESTIGATION ..................................................................................................... 5
III. FACTUAL FINDINGS ............................................................................................... 7
A. History of Deputy Gangs and Cliques .......................................................... 7
B. Deputy Gangs and Deputy Cliques Currently in the Department .............. 10
C. Obstacles to Eliminating Deputy Cliques in the Department ..................... 35
D. The Elimination of Deputy Cliques is Constitutionally Permissible ............ 41
IV. FACTUAL FINDINGS SUMMARY ........................................................................... 43
V. RECOMMENDATIONS TO ELIMINATE DEPUTY GANGS AND CLIQUES .................. 44
A. LEADERSHIP AND SUPERVISION ................................................................ 45
B. POLICY AND TRAINING .............................................................................. 49
C. RE-DEPLOYMENTS AND ROTATIONS ......................................................... 53
D. ACCOUNTABILITY ...................................................................................... 55
VI. CONCLUSION ...................................................................................................... 61
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1
PREFACE
In November 2021, the Sheriff Civilian Oversight Commission (“COC”) directed
the Chair of the COC to engage pro bono Special Counsel to assist the COC to
investigate the existence and activities of problematic deputy groups, often referred to
as “deputy gangs” or “cliques,” within the Los Angeles County Sheriff’s Department
(“Department”). Although prior commissions have documented the existence of
deputy gangs and cliques over several decades, the COC wished to determine whether
such groups continued to exist and to understand their impacts on the Department, its
employees, and members of the public it serves.
By March 2022, a pro bono team of Special Counsel were engaged by the County
and the Loyola Law School Center for Juvenile Law and Policy, and the COC launched
the investigation of deputy gangs and cliques. The investigation included interviews of
numerous members and former members of the Department, and review of numerous
documents, court filings, deposition transcripts, public statements by Department
representatives, published reports relating to prior investigations, and numerous
relevant media reports. To date, the COC has conducted seven public hearings devoted
to the investigation, most of which involved the taking of witness testimony under
oath pursuant to the COC’s subpoena authority.
This Report and Recommendations is a result of the Special Counsel’s
investigation on behalf of the COC. It is in two parts: Factual Findings, entitled The
Existence of Deputy Gangs and Cliques in the Los Angeles County Sheriff’s Department,
and Recommendations to Rid the Department of Deputy Gangs and Cliques that fall
under four headings: Leadership/Supervision, Policy/Training, Assignments/Rotations,
and Accountability.
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2
A word about nomenclature used in this Report. Special Counsel has chosen to
use the term “Deputy Gangs” when referring to deputy groups engaged in egregious
conduct such as violations of law, the excessive use of force, threats to the public or
Department members and to use the term “Deputy Cliques” in discussing the broader
concerns that the exclusionary subgroups pose to the mission of the Department, the
careers and morale of other Department members, and the public, even when their
activities do not violate specific laws. The term “Deputy Cliques” has historically been
understood to include Deputy Gangs and exclusionary subgroups and their problematic
behavior however configured. By using this term in this report, we do not intend to
minimize the harm done by these groups to the Department, to other Department
personnel, and to the public. The Findings confirm such harms.
The origins of Deputy Gangs and Cliques within the Department dates back
decades. They may have started with benign intentions, but history has proved that
Deputy Cliques have often evolved into Deputy Gangs whose members not only use
gang-like symbols but engage in gang-type and criminal behavior directed against the
public and other Department members. These groups, both historically and currently,
also exalt the use of excessive force against civilians, harass other deputies, and
undermine the chain of command within the Department. However denominated, the
existence of these groups and their impact adversely affects the mission of the
Department and undermines public trust in the Department.
The Deputy Cliques addressed in this Report and several prior reports have been
variously referred to as deputy “gangs,” “cliques,” “subcultures” and “secretive
subgroups. ”Deputy Cliques” are Sheriff’s deputies assigned to a particular Department
patrol station, bureau, unit, or location in a jail who self- associate, and identify and act
as a subgroup that excludes other deputies assigned to the same station, bureau, unit,
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3
or jail location. They identify themselves by names such as the Banditos, Executioners,
Regulators, Spartans, Reapers, Rattlesnakes, Cowboys, Vikings, Wayside Whities, 3000
Boys, and 4000 Boys. Members often have matching and sometimes sequentially
numbered tattoos and use language and gestures associated with street gangs. By
their actions Deputy Cliques invariably evolve into Deputy Gangs.
The Factual Findings section of this Report documents the overwhelming
evidence demonstrating that Deputy Gangs and Deputy Cliques, still exist and engage
in harmful activities in several of the Department’s patrol stations and bureaus. They
victimize the Department, its members, and the public.
The Recommendations section identifies the reforms needed to eliminate
Deputy Gangs and Deputy Cliques and to extinguish the culture of the Department that
has permitted their existence and harmful influence within the Department for the
past 50 years. The Recommendations provide an immediate call to action to the
Sheriff, the Department leadership and every member of the Department. There can
be no more delays!
THE EXISTENCE OF DEPUTY GANGS AND DEPUTY CLIQUES IN THE LOS ANGELES
COUNTY SHERIFF’S DEPARTMENT
I. INTRODUCTION
The Department currently contains several active groups that have been, and
still are, engaged in harmful, dangerous, and often illegal, behavior. Some of these
groups have engaged in acts of violence, threatened acts of violence, placed fellow
Deputies at risk of physical harm, engaged in acts celebrating officer involved
shootings, and created a climate of physical fear and professional retribution to those
who would speak publicly about the misconduct of such groups. Publicly released
deputy body camera video illustrates such misconduct directed to a member of the
public. For that reason, going back 30 years to the Commission led by Judge James J.
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4
Kolts, these groups have been fairly referred to as “Deputy Gangs.”
Deputy Cliques that evolve into Deputy Gangs meet the definition of “law
enforcement gang” in California Penal Code Section 13670.1 The problems they cause
in the Department, however, go beyond their “gang-like” behavior. Deputy Cliques are
rooted in secrecy and exclusivity. They undermine the Department’s leadership and
supervision, foster insubordination, and are detrimental to the morale of other
deputies and staff by exercising power and decision making that is fundamentally
inconsistent with the para-military, chain of command structure of law enforcement
agencies such as the Department. By exercising influence ordinarily reserved for
supervisors and management, such as controlling assignments, schedules, and
promotions, their existence within stations, bureaus and units of the Department
violates fundamental principles of professional policing. But Deputy Cliques, whether
they meet the definition of “law enforcement gangs” must be eradicated as they are
the seeds from which Deputy Gangs develop.
While the prior Sheriff publicly asserted that he had acted to eliminate Deputy
Gangs, in fact he facilitated their continued presence by, among other things,
1 Penal Code 13670 provides, in pertinent part: (2) “Law enforcement gang” means a group
of peace officers within a law enforcement agency who may identify themselves by name
and may be associated with an identifying symbol, including but not limited to, matching
tattoos, and who engage in a pattern of on-duty behavior that intentionally violates the law
or fundamental principles of professional policing, including but not limited to, excluding,
harassing or discriminating against any individual based on a protected category under
federal or state antidiscrimination laws, engaging in or promoting conduct that violates the
rights of other employees or members of the public, violating agency policy, the persistent
practice of unlawful detention or use of excessive force in circumstances where it is known
to be unjustified, falsifying police reports, fabricating or destroying evidence, targeting
persons for enforcement based solely on protected characteristics of those persons… and
retaliation against officers who threaten or interfere with the activities of the group. Further,
these groups often discriminate on the basis of gender, race and ethnicity in deciding who can
become a member of the Deputy Cliques. Such workplace discrimination violates the California Fair
Employment and Housing Act (FEHA) and federal anti- discrimination law.
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5
appointing known tattooed members of Deputy Gangs and Deputy Cliques to
leadership positions in the Department, permitting the revival of emblems signifying
membership in such groups and repeatedly relying upon an erroneous statement of
law to avoid promulgating and enforcing a policy prohibiting Deputy Gangs and Deputy
Cliques in the Department. The claim that Deputy Gangs no longer exist in the
Department is flatly and inarguably false. Moreover, Deputy Cliques continue to exist.
The COC Policy recommendation prohibiting Joining and Participation in Deputy
Cliques is constitutionally permissible, and it is factually supported by the investigation
and multiple interviews conducted by the COC’s Special Counsel as well as the
testimony given in the COC’s public hearings. The COC urges Sheriff Luna to adopt a
policy that prohibits deputies from being members of Deputy Cliques and thereby
ending Deputy Gangs.
II. INVESTIGATION
As part of the COC’s investigation, Special Counsel interviewed approximately
eighty witnesses. The witnesses were current and former Deputies, Sergeants,
Lieutenants, Captains, Commanders, Assistant Sheriffs, and Undersheriffs; a former
Sheriff; and former law enforcement officials from other law enforcement agencies.
The witnesses also included attorneys representing current and former litigants against
the Department and the County and certain of the litigants themselves. Many
witnesses were interviewed multiple times.
Special Counsel coordinated with, interviewed and received information from
the Los Angeles County Office of Inspector General, the Los Angeles County District
Attorney’s Office, Loyola Law School and the Los Angeles County Public Defender’s
Office.
Special Counsel received and reviewed dozens of depositions and sworn
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6
statements, and associated exhibits generated in connection with past and pending
litigation involving the Department; multiple media reports; body camera footage; and
extensive reports prepared by the Kolts Commission, the United States Commission on
Civil Rights, the Loyola Law School Center for Juvenile Law & Policy (‘Loyola Law School
Report”), the Rand Corporation, the National Association of Blacks in Criminal Justice,
and the Citizen’s Commission on Jail Violence.
Special Counsel attended virtual briefings by the former Sheriff Alex Villanueva,
and repeatedly sought to meet with the former Sheriff and his Undersheriff, Timothy
Murakami. They declined to meet or to be interviewed. Each was also invited to
voluntarily appear and testify publicly before the COC. The former Sheriff declined to
do so unless provided in advance with the questions and any documents that would be
presented. The Undersheriff declined, asserting that his physical condition precluded
his testimony, but not his other duties as Undersheriff. As a result, the COC
subpoenaed both the Sheriff and Undersheriff to testify. Each refused, and both are
now subject to legal proceedings to enforce the subpoenas and/or to hold each in
contempt.
The COC held seven public hearings in which approximately fifteen witnesses
publicly testified and numerous members of the public spoke. The overwhelming
majority of witnesses who testified did so pursuant to subpoena. Several witnesses
would only testify anonymously, and some did so remotely, using a voice distortion
device out of fear of physical or professional retaliation. Several witnesses who had
agreed to testify withdrew, often the night before the proposed testimony, out of
similar fears.
In addition to witnesses who testified publicly, approximately sixty other
witnesses were interviewed by the Special Counsel’s team. Many witnesses spoke only
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after receiving assurances that they would not be identified publicly or even
confidentially identified to the COC. The witnesses expressed concerns for their
physical safety and the physical safety of family members, many of whom are
Department employees. In addition, many witnesses insisted upon anonymity in
interviews for fear of professional retribution often described as “career suicide.”
Some of the factual findings recited in this Report are the product of these witness
interviews.
III. FACTUAL FINDINGS
A. History of Deputy Gangs and Cliques
Deputy Gangs and Deputy Cliques have existed in the Los Angeles County
Sheriff’s Department since at least 1973. That year, an internal Department memo
dated December 5, 1973, documented the existence of a group known as the “Little
Devils,” and identified 38 members who bore sequentially numbered tattoos of a devil.
In 1992, the Kolts Commission’s report confirmed the existence of Deputy Gangs
and Deputy Cliques, including a Deputy Gang called the Vikings, in the Department.
After holding evidentiary hearings in Los Angeles in 1993 and 1996, the United States
Commission on Civil Rights in 1999 issued a report focusing on the violence and trauma
that Deputy Gangs had inflicted on communities of color and people struggling with
mental illness, and urged the LASD to take decisive action to eradicate Deputy Gangs
from its ranks.
In 2012, the Citizens’ Commission on Jail Violence (“CCJV”) found that Deputy
Cliques existed in patrol and on certain floors of Men’s Central Jail (”MCJ” ) and that
they contributed to the use of excessive force in the jail. The CCJV’s report contains
five pages of recommendations to address the problem.
The Loyola Law School Report documented the Department’s long history of
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Deputy Gangs and Deputy Cliques in 2021; and the Rand Corporation also confirmed
their existence in its report titled Understanding Subgroups Within the Los Angeles
County Sheriff’s Department in 2021.
The Los Angeles County Inspector General, Max Huntsman, testified before the
COC about his office’s report entitled Analysis of the Criminal Investigation of Alleged
Assault by Banditos that confirmed the involvement of the Banditos in the severe
beating of non-Banditos deputies in an incident at Kennedy Hall in 2018.
As part of its investigation, the COC received and reviewed a September 13,
2004, memorandum from the then Undersheriff William T. Stonich to Sheriff Leroy
Baca about efforts to address “inappropriate and potentially damaging behavior” at
the Department’s Century Station. Among other conclusions the memorandum
reported on rumored unethical activity engaged in by Century station personnel as
follows:
“Mexican Mafia”, rumored to be a small select group of deputies of
Hispanic decent (sic). They have been accused of holding positions of
influence within the station (i.e.: detective, scheduling, watch deputy
and field training officer positions) and are alleged to control much of
the negative behind the scenes activity such as fund raising through
means of unit level extortion for non -sanctioned events, unfair or
biased granting of time off requests, controlling patrol and interior
work assignments, etc.”
The COC also reviewed an October 1, 2007, memorandum from then
Commander Willie Miller to Sheriff Baca reporting on an investigation of a group of
deputies named the “Regulators” at Century Station. Among other things, the
memorandum concluded that:
“The Regulators philosophy is that if a sergeant, lieutenant, or captain
was weak at Century Station they would run over them, essentially
speaking, they would run the station as a subculture fraction (sic).
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They would not respect rank. They openly displayed the Regulators
logo of the ‘skull and flames’ symbol on their motorcycles as well as
body tattoos.”
The COC also reviewed hundreds of Department documents regarding the 2012
discovery in a patrol car of a written creed for a Deputy Gang named “The Jump Out
Boys.” Members of the Jump Out Boys shared a common numbered tattoo that depicts
a red-eyed skull wearing a bandana with the letters “O.S.S.” and holding a revolver
next to an ace of spades and an 8 of spades, the so called “dead man’s hand” in poker.
Their creed recited that members understand “when the line need (sic) to be crossed,
and crossed back” and that they “sometimes need to do things they don’t want to in
order to get where they want to be.” It also directed members to keep a “black book”
that records the date of every deputy involved shooting that authorized each shooter
to embellish his common tattoo with smoke coming out of the gun. Seven Jump Out
Boys members were fired, but because there was no clear policy against joining a
Deputy Gang at the time, the Civil Service Commission reinstated four of them.
It is indisputable that for nearly 50 years, Deputy Gangs and Deputy Cliques have
existed within the Department and their existence and negative impacts were known
to the leadership of the Department. Yet there was no sustained effort during this
period to eradicate Deputy Gangs and Deputy Cliques from the Department. All prior
efforts were inadequate, lost continuity and failed to eliminate Deputy Gangs and
Deputy Cliques. Owing to this failure, Deputy Gangs and Deputy Cliques are embedded
in the culture of the Department, either tolerated or ignored. Indeed, during the
tenure of Sheriff Baca, the Undersheriff, Paul Tanaka, was a tattooed member of the
Vikings. According to numerous witness interviews, former Sheriff Villanueva’s
Undersheriff, Tim Murakami, has a Caveman tattoo.
While law enforcement cliques are not unknown in other law enforcement
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agencies, no other large law enforcement agency in the nation has allowed such
cliques to exist and flourish as they have in the Department.
B. Deputy Gangs and Deputy Cliques Currently in the Department
There is at least a half dozen, and possibly more, Deputy Gangs and Deputy
Cliques currently in the Department, primarily at patrol stations. They include the
Executioners, the Banditos, the Regulators, the Spartans, the Gladiators, the Cowboys
and the Reapers. There are reports that new Deputy Cliques are forming as members
of existing Deputy Gangs and Deputy Cliques retire or otherwise leave the Department.
There is some evidence indicating that Deputy Cliques are re-emerging in the Los
Angeles County jails as the 4000 Boys.
Merely transferring members of Deputy Gangs or Deputy Cliques has not proved
particularly effective. After the CCJV’s 2012 findings confirmed the existence of the
2000 and 3000 Boys on the second and third floor of MCJ, many of these deputies
were transferred out of the jail to patrol. Many of the 3000 Boys sought assignments
to Compton Station and became Executioners; many 2000 Boys sought assignment to
Century Station and became Spartans. As discussed below, transfers or rotation of
deputies must be much more intentional to avoid aggregating in a new location
deputies involved in, or susceptible to influence by, Deputy Gangs or Deputy Cliques.
All the Deputy Cliques share harmful characteristics. While not all Deputy Cliques
engage in identical unprofessional conduct, most share at least some of the following
characteristics, and they have done and continue to do certain acts of unprofessional
and dangerous policing. Deputy Cliques run the stations or units where they exist, as
opposed to the sergeants, lieutenants and the captain who are charged with the duty
to run the station; exercise influence over and often decide assignments and shifts,
training, and overtime; exclude deputies from the Deputy Cliques, often based on race,
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ethnicity or gender; intimidate deputies that are not part of the Deputy Cliques; give
orders not to provide backup to disfavored deputies who are not members of the
Deputy Cliques; order work slowdowns if management of a station attempts to rein
them in; encourage a “we-they” attitude, not just between them and the public, but
with other deputies within the station; operate in secrecy; lie in reports to protect each
other; and threaten the public with use of excessive force without justification and
belittle deputies unwilling to engage in such acts. Most troubling, they create rituals
that valorize violence, such as recording all deputy involved shootings in an official
book, celebrating with “shooting parties,” and authorizing deputies who have shot a
community member to add embellishments to their common gang tattoos.
Typically, to be invited to become a member of a Deputy Gang or Deputy Clique,
a deputy must demonstrate “toughness” that is frequently associated with use of
excessive force or other forms of unconstitutional policing. Often the euphemistic term
“peer leader” is used to describe the members.
Deputy Gangs and Deputy Cliques also have used and continue to use assaultive
behavior against fellow deputies who do not belong to their groups as a show of power
and influence. Certain of these altercations have led to public exposure in the media.
The COC investigation uncovered other incidents including threatened use of weapons
by deputies upon other deputies.
The pernicious effects of these groups go well beyond assaulting other deputies.
Recent publicly released body camera footage of a deputy threatening to shoot a man
in a parked car without any evidence of wrongdoing illustrated in real time gang
behavior characteristic of Deputy Gangs and Deputy Cliques interacting with the public
served.
Not all members of Deputy Cliques engage in acts of misconduct. Even those
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members who do not engage in misconduct, however, contribute to the
unprofessional influence of Deputy Cliques and their negative impact on the
Department and on other deputies. Deputy Cliques have and continue to do great
damage to the reputation of the Department, and the public hearings demonstrated
that they have unquestionably destroyed trust between the Department and the
public it serves.
Membership in a Deputy Gang or Deputy Clique is a liability for the County. One
of the essential job qualifications of a deputy sheriff is the ability to testify credibly in a
court of law. Deputies who belong to Deputy Gangs and Deputy Cliques that value
loyalty to their members over their commitment to the Department and the public are
likely to be disbelieved when their conduct is at issue. As Lieutenant Eric Strong, a 22-
year member of the Department, put it, “If you are a member of a law enforcement
gang, you cannot be trusted, you cannot be relied upon, your credibility is lacking.”
Under the principles set forth by the United States Supreme Court in Brady v.
Maryland, such information that bears on the credibility of prosecution witnesses must
be disclosed by the prosecution to the defense in criminal cases and is likely
discoverable in civil lawsuits.
Deputies sued in civil lawsuits arising from the alleged use of excessive force cost
the taxpayers of Los Angeles County tens of millions of dollars in judgments and
settlements. It has been estimated that the additional cost to the County in these cases
is upwards of $55 million. That number can only rise based upon pending and newly
filed lawsuits and administrative claims. In addition to judgments and settlements, the
County incurs seven-figure legal bills from outside litigation counsel hired by and paid
for by the County to defend the misconduct of Deputy Gangs and Deputy Cliques.
Set forth below is some of the evidence developed by Special Counsel during the
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COC’s investigation of Deputy Gangs and Deputy Cliques.
1. Compton Station
Lieutenant Larry Waldie testified before the COC that he was a tattooed member
of a deputy group known as the “Gladiators.” He obtained the tattoo during his initial
tour of duty at Compton Station and that another group known as the “Executioners”
subsequently ran aspects of that station. Waldie said that Compton was a “fast
station,” and it was considered a desirable post for deputies wanting exposure to
incidents of crime requiring active law enforcement.
Waldie testified that many of the Executioners had served on the 3000 floor at
MCJ. The CCJV noted the existence of the “3000 Boys” at MCJ and recommended that
the it be disbanded. It appears, however, that many of the “3000 boys” transferred to
Compton Station and formed or joined the Executioners. A witness who worked at MCJ
and who insisted on anonymity for fear of reprisal, reported that a new version of the
“3000 Boys” operating on the 4000 floor and calling itself the “4000 Boys” currently
operates at MCJ.
Another witness currently assigned to the Compton Station disclosed that
deputies who had worked on the 3000 floor at MCJ received preferential treatment at
Compton. The witness reported being ridiculed based upon gender and race by the
scheduling deputy, Jaime Juarez, an Executioner, and that Executioner members
regularly discriminated against and ridiculed women.
Waldie testified that Deputy Juarez was the “shot caller” during Waldie’s
tenure at Compton Station. The Commission received evidence that Juarez
participated in four officer involved shootings. Juarez was subsequently removed from
patrol, and interacting with the public during Sheriff McDonnell’s tenure, but was
returned to patrol after Sheriff Villanueva took office. Waldie identified Deputies Ruiz,
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Cuevas, Barajas, Ingersoll, Raisa and Ruben as Executioners. Waldie stated that based
upon his observations Executioner membership apparently excluded females and
African Americans.
The Commission received a photograph of Deputy Juarez’ truck which depicted
an Executioner emblem on a flag. In a deposition in civil litigation brought by Waldie,
Deputy Juarez admitted that he had attended approximately seven “inking parties.” He
confirmed that Deputies Barajas, Ingersoll, Bray, Jimenez, and Reese attended
Executioner inking parties as well. According to Juarez, Ingersoll was the last
Executioner to receive an Executioner tattoo.
The Commission also received a photograph of a tattoo of a skeleton holding an
automatic rifle on the calf of Deputy Aldama, a self-acknowledged Executioner. Other
evidence indicates that, much like the Mafia, there are “made” members of Deputy
Gangs and Deputy Cliques who are entitled to wear the tattoo associated with the
group. The tattoos typically exalt the use of excessive force and are entirely
unprofessional.
Deputy Aldama, and his partner, Mizrain Orrego, were named as defendants in
two separate shootings of community members, Sheldon Lockett and Donta Taylor. In
each instance the deputies claimed that the victims had guns. In neither case was a
gun located and much evidence suggested that in fact neither had guns. The County
settled both cases with the families of the deceased for a total amount just short of ten
million dollars. Since outside counsel was engaged in each case substantial legal fees
were incurred on top of the settlement amounts.
Waldie testified that the Executioners held positions of authority during his time
at Compton Station. Those positions included scheduling deputy, training officer,
detective, and gang task force membership. Waldie explained that the position of
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scheduling deputy was powerful because it afforded the scheduler the ability to assign
deputies to shifts, vacations and days off, desirable assignments on patrol or less
desirable assignments in preferred or less desirable locations.
During 2019, when Waldie served as Acting Captain of Compton Station, Deputy
Juarez was scheduled to be removed as scheduling Deputy and transferred from the
station. Juarez told Waldie that his successor as scheduling Deputy should be another
Executioner, but Waldie declined the request. In response, Juarez led the Executioners
in a work slowdown in March 2019, and pressured non-Executioners to adhere to it.
The COC received an internal LASD document demonstrating that during the work
slowdown, crime rose significantly compared to the preceding year and compared to
the months before and after the slowdown. During the slowdown, arrests dropped
precipitously, citizen calls were responded to slowly, and pro-active policing initiatives
did not occur.
In addition to the statistical evidence documenting the work slowdown, the COC
received the content of a text between Waldie and a deputy confirming the work
slowdown directed by Deputy Juarez. The deputy supplying the information insisted
upon anonymity: “But please between you and I. This could ruin my career. I don’t
want my name mentioned at all please. I can’t have that.”
Waldie testified that the culture of the Department created a justified fear
among honest deputies that if it were believed that they had reported on the
misconduct of fellow deputies, especially those belonging to a Deputy Clique, it would
lead to harassment, ostracism, threats, or interference with career advancement.
A deputy who requested anonymity was suspected of cooperating with the COC
and has been continuously subject to harassment and ostracism at the deputy’s
current station. Another witness who testified anonymously has reported that another
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deputy, who was wrongly suspected of having provided the anonymous testimony, has
been repeatedly harassed at that deputy’s current station.
Waldie testified that after an officer involved shooting the deputies involved
participated in a celebratory “debrief” at a bar in Fullerton. Waldie identified the pair
of deputies, Ingersol and Barajas, as Executioners. Other evidence suggested that they
were not yet tattooed Executioners, but were “chasing ink.” That is, they engaged in
“aggressive” activities in the hope of becoming members.
Copies of texts reviewed by the COC revealed that Waldie brought the
celebration to the attention of the captain heading Compton Station. Waldie testified
that despite the seriousness of the circumstances, the captain did not take any action.
After Sheriff Villanueva took office, the captain was promoted to commander and
retired from that position. He declined to be interviewed by Special Counsel’s team.
The evidence demonstrates that community needs in Compton were ignored or
responded to slowly to pressure a station leader to act in accordance with the
Executioners’ demands, and celebrations of officer involved shootings were neither
stopped nor criticized. Waldie agreed that the conduct of the Executioners violated
“fundamental principles of professional policing.” During her testimony before the
COC, then-Chief, now Acting Undersheriff, April Tardy reviewed this evidence and
acknowledged that the Executioners were a “law enforcement gang” within the
meaning of California Penal Code section 13670.
2. East L.A. Station
Much public testimony before the COC focused upon the East L.A. Station and
particularly on an incident at Kennedy Hall involving a brutal beating inflicted upon
junior deputies by senior deputies who were members of the “Banditos.” The behavior
can only be fairly described as that of a gang. This episode resulted in widely publicized
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civil litigation brought by the victim deputies against the Bandito Deputies. Even
though the defendants assaulted other members of the Department and did so in an
after- hours offsite location, County Counsel approved the County paying outside
counsel to defend them.
Former Sheriff Villanueva trained at the East L.A. Station and was widely
believed to have shown favoritism toward the station and its deputies. He was roundly
criticized for the reservation of front row seats for East L.A. deputies at his
inauguration when the Kennedy Hall incident had received much negative publicity and
was still an open investigation. He also restored the “Fort Apache, kick in the pants”
logo at the entrance of the East L.A. Station. The COC also heard much testimony that
refuted his repeated assertion that he had replaced a weak captain with a strong one
and had transferred many deputies to address discipline problems. In fact, no deputy
was involuntarily transferred out of the East LA Station, and many of the transferred
deputies were not Banditos.
Finally, there has been substantial evidence that the administrative and
potential criminal investigation into the Kennedy Hall incident was obstructed at the
direction of the former Sheriff’s then Chief of Staff, Larry Del Mese, an acknowledged
tattooed member of the “Grim Reapers.” Matthew Burson, who retired from the
Department as a Chief, testified that when he was the Captain at the Internal Affairs
Criminal Bureau he was instructed by Del Mese not to have the investigator of the
Kennedy Hall incident ask about “sub-cultures” at the station. Burson understood that
Del Mese was conveying an order from the former Sheriff, and he passed the
instruction on to Sergeant Jeffrey Chow, who was investigating the incident. It is
reasonable to infer that Sheriff Villanueva, despite its obvious relevance, ordered that
no questions were to be asked about the Banditos or their role in the Kennedy Hall
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“beat- down”.
Sergeant Chow testified that he believed the conduct of the assaulting deputies
was criminal, but that he was directed not to ask questions about “sub- culture”
activity at the station. He understood this to mean that no questions were to be asked
about the Banditos/Deputy Cliques and its/their role in the gang style assault on other
deputies, and he followed the orders because he worked in a “para-military
organization.” After Chow testified, the COC learned of attempts to intimidate him and
his wife, Vanessa, a Deputy Sheriff. The intimidation included an unmarked sheriff’s car
following Chow home after his testimony before the COC and an undercover car
parked conspicuously near the residence. (Captain Angela Walton reported a similar
intimidation effort involving the parking of an undercover car directly in front of her
home after her public testimony.)
Retired Chief Joseph Gooden described the early portion of his career at the East
L.A. station and the presence of members of the “Cavemen” at the station. Despite
having a degree from U.S.C. when fewer than 10% of the deputies had four-year
college degrees, a Caveman told Gooden that there was “no way” he could become a
training officer. Gooden observed that under 2% of the deputies at the East L.A. station
were African American.
Years later, when Gooden was a Chief, he oversaw the Kennedy Hall
investigation. Chief Gooden testified that he directed that the investigation be
conducted as a criminal investigation, and that determining the motive of the involved
deputies was an important part of the investigation. The instruction to Sergeant Chow
not to ask questions about “sub-culture” activity in the East L.A. Station was directly
contrary to Chief Gooden’s expectation and direction. It was also contrary to
investigating the motive for the assault and the standard expected of a professional
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police force.
The investigative report of the Department’s Internal Criminal Investigation
Bureau regarding the Kennedy Hall incident was transmitted to the District Attorney’s
Office to consider potential criminal charges. The report failed to mention that the
investigating sergeant had been instructed not to ask questions about the Banditos or
their role in the assault, even though the evidence related directly to a criminal motive
for the attack.
An anonymous witness currently stationed at the East L.A. Station testified using
a voice distorter because of a fear of physical and professional retribution. The witness
identified current “shot callers” at East L.A. as Deputies Ortiz and Valle. The witness
testified that Rene Munoz, one of the defendants in civil litigation relating to the
Kennedy Hall beating, was the shot-caller prior to his departure from the East L.A.
Station. The witness testified that all three were tattooed Banditos.
The anonymous witness also identified the broad authority of the scheduling
deputy, a Bandito, at the East L.A. Station, who gave assignments, schedules, days off
and vacations, assigned areas for patrol and directed selection of training officers and
assignment of trainees to them. The witness testified that the power of the Banditos
was such that they were able to thwart the promotion of a disfavored deputy to
training officer even though the deputy was ranked number one in the County for that
promotion.
The witness also testified to various means of intimidation and ostracism
inflicted by Banditos upon non-Banditos. This included a locker room argument in
which a Bandito pointed his gun at the head of another deputy; the turning of backs
when a disfavored deputy entered the hallway or room; and the refusal to answer back
up calls when summoned by a disfavored deputy. The witness explained how
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disfavored deputies received “jackets” i.e., reputational slanders intended to thwart
their careers.
Another witness testified that the Banditos assaulted “disfavored” deputies, who
would be challenged to a fight. The disfavored deputies would be told that they did not
belong in East L.A. and that they were a “zero” as a provocation to a fight. The
Banditos would surround the disfavored deputies in groups thus employing physical
intimidation. This conduct is characteristic of gang activity. Like other Deputy Gangs
and Deputy Cliques, the Banditos exert control by forcing disfavored, non-Bandito
deputies to transfer to other stations.
Another witness who insisted upon anonymity described how a training officer
humiliated trainees, especially women, at the East L.A. Station. Those efforts included
name calling and tossing the trainees’ written work product to the ground with the
goal of embarrassing and ostracizing the trainee before peers. According to this
witness, the training officer who engaged in such unprofessional, intimidating conduct
was a Bandito. The witness was certain that the Bandito’s control of the station was
widely known. He stated that Deputy Valdez was the shot caller at East L.A. at the time
and that he arranged the deputies’ schedules. As noted, Deputy Valdez was widely
known to be a Bandito.
The witness also described a practice of ostracism at the East L.A. Station. When
the witness walked into the station the deputies would turn their backs as the witness
walked down the hall. The witness explained that Banditos “stepped on the radio” i.e.,
interfered with the ability to communicate from the patrol car by speaking over the
deputy while the witness spoke. The Banditos persistently criticized the witness for a
“culture violation.”
The witness reported a refusal to provide requested back up. A specific incident
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involved a report of a person with a gun in a dangerous part of Boyle Heights. Because
of the danger of a night call in that area the witness requested back up, but it was not
forthcoming, and the witness abandoned the call. The proffered excuse that the
deputies all were “busy” was proved false by review of time records.
A training officer at the East L.A. Station required that trainees keep the car fully
stocked with snacks and demanded “good imagination on reports.” That the witness
understood meant to lie to justify the acts of the deputies. The witness was informed
that the training officer was a tattooed Bandito. The stocking of the car was a form of
the “tax” imposed by the Banditos. The trainee had to pay for all meals, drinks and
anything else the training officer required.
The witness observed that the Department enabled the Banditos control of the
station and that known Banditos received promotions under Sheriff Villanueva. The
witness claimed that the Banditos brought gifts to the wife of Sheriff Villanueva to
procure promotions or to retain power positions. It was widely believed, and
confirmed in testimony by Eli Vera, that the Sheriff consulted his wife on promotions
even though she held no official position in the LASD. The witness also claimed that the
Homicide Bureau is filled with Banditos.
The witness learned that Banditos had to be Mexican American and that Central
Americans could not become Banditos. Another witness confirmed that, with one
exception, all Banditos were Hispanic males, and none were women.
Another witness who insisted upon anonymity observed that the Banditos also
directed work slowdowns that resulted in increased response times to calls and for
arrests to cease. The most recent slowdown occurred because the Banditos believed
that the Department’s Internal Affairs Bureau had pursued too many disciplinary
investigations of deputies.
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The witness testified that there were between 12 to 15 Banditos currently in the
East L.A. Station, and that they held positions as “acting” detectives and training
officers. The witness testified that there were also “associate” deputies who wished to
be initiated and were “chasing ink.” One incident that the witness regarded as “chasing
ink” involved the transportation of a shooting victim to a hospital. The witness stated
that the deputies went off route and assaulted the victim. Such conduct can only be
viewed as the act of a gang member and its indisputable harm to the community.
In an interview, retired Chief Gooden recounted that during his year and a half
at the East L.A. Station the dominant group was the “Cavemen.” He believes that the
Banditos grew out of the Cavemen.
Chief Gooden was one of several witnesses who disputed former Sheriff
Villanueva’s claim that he had transferred 36 members from East L.A. for misconduct
at the station. The anonymous witness claimed that there were no involuntary
transfers of Banditos. No transferees were “overnighted,” i.e., subject to immediate
involuntary transfer. Rather the transfers reflected voluntary departures related to
deputy requests, promotions, or retirements.
Retired Chief Eli Vera also refuted the former Sheriff’s claim. He agreed with the
testimony of Captain Ernie Chavez in a civil deposition that the deputies were
transferred from the East L.A. Station for non- disciplinary reasons. One witness said in
an interview, however, that a number of the transferees were “whistle blowers” who
had objected to the Banditos’ control of the station. The witness described them as
“the resistance.”
Another witness who required anonymity described the witness’ tenure at East
L.A. Station as one in which deputies who “speak like gangsters” surrounded the
witness. The witness described the unprofessional language used on radios, including
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the use of nicknames and derogatory statements. Further, the witness reported that
because the Banditos mistrusted the witness, they would not allow the witness to
enter a house when they conducted a search. The witness said that contrary to
Department policy, the fact and results of such searches were often undocumented.
The witness also experienced that calls for back up by disfavored deputies were not
heeded. Such failures to provide requested back up imperiled the safety of these
deputies. The civil case brought by the victims of the Banditos beating at Kennedy Hall
included the deposition testimony of Deputy Concepcion Garcia, who witnessed calls
for back up ignored by Banditos.
The anonymous witness had justifiable safety concerns. On one occasion, when
the witness drove a personal vehicle from the East L.A. station, the witness observed
that the lug nuts from the car wheels had been loosened. The witness said that to be
part of the East L.A. anti-gang unit it was necessary to be an “inked” member of the
Banditos.
The witness also confirmed the practice of a “tax” being levied by senior
Banditos upon trainees to pay for food, “fund raising” and other financial demands of
the Bandito training officers. The trainees who participated did so because of a fear
that they would not get off training.
The witness also was supervised by, or worked with, “Cavemen” and
“Regulators” They were Caucasian males in positions of authority. The witness stated
that supervisors were well aware of the existence of these groups but did not act to
interfere.
Another witness who spent nearly a decade in East L.A. and who also required
anonymity for fear of physical retaliation, also described the Cavemen and the
Banditos. The witness, said that the Banditos insisted that others “do what they want
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you to do.” The witness also described the Banditos as “gangs behind the badge.” The
witness says that everybody in the Department knows of the Banditos; their actions
are not a “secret.”
This witness also confirmed that the Banditos imposed “taxes” on new deputies.
The witness was told by a Bandito training officer to “bring your credit card.” The
witness was aware of the tattooed members of the Banditos and believed that there
were as many as 80 Banditos during the witnesses’ tenure at East L.A. The witness said
the Banditos would use force to discipline non-Banditos they did not like. This too is
the behavior of a gang.
The Banditos exploited the junior deputies by, for example, requiring that they
write reports for the Banditos and stay on uncompensated overtime if necessary to get
the report done. The witness said that the Banditos recruited deputies to “chase ink”,
i.e., to do what was necessary to be noticed and “stand apart.” That included writing
reports to make problematic arrests appear legal. (Another anonymous witness
described this practice as “working backwards.”)
An aspect of “chasing ink” was a desire to get into shootings. These deputies
would follow a suspect believed to have a gun so that a shooting would be justified.
The witness said that there was pressure to “get numbers up” from time to time,
meaning arrests. The witness was instructed by Banditos that they could always get
somebody arrested as “under the influence” and “refused to take a test.” The goal was
to raise arrest numbers.
Another witness, now retired after 24 years in the Department, was a training
officer in East L.A. The witness ran afoul of the scheduling sergeant, Patty Estrada. The
witness described Estrada as a female associate of the Banditos who did their bidding
and conveyed favors and punishments on their behalf. The witness had a trainee
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“pulled” by Estrada and observed that the trainee was assigned to a Bandito training
officer.
Another witness testified anonymously about working at the East L.A. station.
Although warned that East L.A. was a difficult place to work due to harassment and
hazing, the witness chose to work there anyway and was subjected to this conduct.
Like others, the witness affirmed that the Banditos were an open and notorious gang
within the East LA Station. The witness believed that it was appropriate to refer to the
Banditos as a “gang” that manifested its power by recruiting desired deputies and
isolating others. Having become disfavored, the witness experienced, as did others,
dispatch sending the witness a high volume of calls throughout the patrol area.
Additionally, when the witness called for backup, it would not arrive. The witness
believed that the inability to receive back up when performing services increased
considerably the risks of the work.
The witness was aware of “cigar night.” Those were evenings when female
deputies would act to raise funds at Bandito “events” by circulating among deputies
who were drinking and playing cards and selling cigars to those in attendance for
support of other Bandito “sponsored” events. The witness described these cigar selling
efforts as done upon the demand of the Banditos. The witness acknowledged that
deputies were pressured to give money upon a Bandito solicitation. That trainees were
“taxed” was well known in the station and in the Department more generally.
Gooden stated that when Sheriff McDonnell assumed office, he barred the East
L.A. Station “Fort Apache kick in the pants logo.” Gooden regarded the logo as
unprofessional and insulting to the East L.A. community. Gooden observed that the
logo was reintroduced when Sheriff Villanueva assumed office.
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3. Lennox Station (Now South L.A. Station)
Recently released shocking body camera footage shows South L.A. Station
deputy Justin Sabatine repeatedly threatening to shoot an African American civilian
sitting in his car in a parking lot. Several witnesses, including two current Department
captains, have asserted that Sabatine was a member of a Deputy Clique. One captain
believed that Sabatine was a Reaper. A public report based upon an anonymous source
also claimed Sabatine is a Reaper. A second captain believed that Sabatine may not be
a Reaper, but rather a member of a newly formed Deputy Clique in the South L.A.
Station. A captain reported learning that Sabatine threatened that there would be a
work slow-down in South L.A. if the body camera footage was released.
As proof of the consequences to the Department and the County of gang like
activities, the County has already been sued based upon Sabatine’s conduct. The
Complaint demands $10,000,000. The County likely will engage outside counsel to
represent the County and Sabatine.
The type of conduct revealed in the Sabatine body camera footage is consistent
with a lengthy history of gang behavior at South L.A. Station. A current deputy who
has served in the Department for more than 25 years insisted on anonymity for fear of
physical retaliation. The witness described the activities of the group of deputies
known as the Reapers at Lennox Station (now the South L.A. Station.) The witness saw
the tattoos of the members, all of whom were Caucasian males. The witness observed
that the Reapers now consist primarily of Hispanic deputies.
The witness stated that Reapers were involved in multiple shootings. The
witness recounted a conversation in which the witness was criticized after the witness
confronted two African Americans, a male and female, one of whom had a gun. The
witness apprehended the suspects without firing a weapon. Later a Reaper criticized
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the witness, and asked “why did you not shoot her?” The Reaper described it as a
“freebie.”
According to the witness, another Reaper encouraged the witness to seek a
warrant when there was no basis to do so. The witness declined and believes that this
was a source of the mistrust of the witness among certain deputies.
A former deputy who served in the South L.A. Station described Carl Mandoyan
as the shot caller at the station at the time. The witness claimed that it was widely
known in the Department that Mandoyan was a Reaper. As in other stations, the
witness noted that unpopular directives were “pushed back” against by work
slowdowns. Some of the friction was with a captain who was acting in accordance with
a directive from Sheriff McDonnell to “crackdown” on deputy misconduct.
The witness reported that to get into the Reapers one needed to have a “force
incident” and look for an opportunity to shoot people. The other condition was that
you “not be a rat.”
The witness’s experiences as a non-Reaper included being “slammed on calls.”
The dispatcher repeatedly instructed the witness to answer calls for which other
deputies refused to provide back up the witness requested. The witness described one
incident in which the witness made a traffic stop and asked for a unit to back up. None
came and the suspect ran away.
Another deputy who required anonymity described an incident at the beginning
of the witness’s career in patrol. The witness pulled over a suspect who was apparently
intoxicated and “out of it”. The witness said that the suspect appeared unaware that
there was a gun on the passenger side front seat, did not reach for the gun, and did not
resist arrest. When reporting the incident and booking the gun a Reaper ridiculed the
witness for not shooting the suspect and claiming that he had “reached” for the
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weapon.
Captain Angela Walton testified that in her 27 years of service there have always
been Deputy Cliques in the Department and that they continue to exist to this day.
Walton described her experience at Lennox Station at the beginning of her career
when the Reapers were a well-recognized presence in the station. She identified Larry
Del Mese, who later became Sheriff Villanueva’s first Chief of Staff, as the “shot caller”
at Lennox.
Walton observed that the Reapers were running the Lennox Station, particularly
the early morning shift. After Walton obtained a position as a training officer on an
interim basis, she was driven to a golf course and told by a deputy Reaper “we don’t
like you.”
Walton testified that the Reapers set out to make her fail as a training officer.
She recalled, for example, a trainee who was a father. Walton allowed the trainee to
call his children to say good night. The Reapers roundly criticized her for that
accommodation and for allowing her trainee to eat lunch.
Walton described an attempt to intimidate her by posting her business card on a
bulletin board at the station with a large “X” drawn through it. Further attempts at
intimidation were frequent service calls from a Reaper in charge of dispatch. Walton
said that the volume of calls alone adversely affected her ability to perform her job.
Walton experienced the scope of the Reapers influence when she delivered a
prisoner to the Compton Station. While in Compton, Walton encountered a former
colleague, and engaged in social “catch up” conversation. Walton’s brief delay from
work for this social purpose was relayed by a Reaper who worked at Compton to a
Reaper who worked at Lennox. According to Walton, her conversation with a former
colleague demonstrated that the Reaper influence was not confined to a single station,
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and it was used as a basis for criticism of her by the Reapers as part of their attempt to
drive her from the station. When Walton sought a position at the Lancaster Station,
she realized that she had a “jacket;” i.e., a negative reputation spread by the Reapers
which included this supposed transgression.
4. Century Station
Retired Chief Gooden, who had more than 25 years of service in the
Department, described how Century Station essentially operated on its own, apart
from the Department’s command structure. He heard from deputies that if there were
“problems” that the deputies would “handle that” and there was to be no involvement
of the operations leadership of the station.
Chief Gooden recounted that during his tenure at MCJ the “2000 boys and 3000
boys” staged gladiator fights between jail inmates. Another witness stated that the
2000 boys were “heavy-handed white guys” who encouraged the use of force in large
numbers at MCJ and eventually transferred to Century Station.
Chief Gooden also testified about the Department employees’ fear of retaliation
should they speak out. He recounted female custody assistants explaining their
concern to him in connection with deputy misconduct in MCJ.
When Gooden became a captain at Century Station he was concerned about the
history of problems associated with the station. He learned that deputies were
involved in personnel decisions, including determining who would receive the coveted
position of training officer.
There were two problematic groups of deputies at Century Station at the time.
One was the Regulators. The other was the Spartans. Gooden described the
competition for control of the station between them and recounted how there was
even a dispute over one group taking and refusing to allow the other group to use a
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station canopy for an event.
A witness requiring anonymity who worked at Century Station for approximately
a decade said that the Regulators and Spartans were actively engaged in misconduct.
The witness said that the Regulators’ shot caller was the scheduling deputy. The
witness claimed that Commander Kerry Carter and then Chief April Tardy knew of the
presence and activities of the Regulators at the station. According to retired Assistant
Sheriff Robert Olmstead, the entire Department leadership knew about the Regulators
because the Regulators installed a large monument honoring themselves on the
premises of the Century Station that remained in place for several years.
The anonymous witness described a Regulator sponsored fundraising poker
game to support the Baker to Vegas run. The Regulators used female deputies as
“cocktail waitresses” at the event. The female deputies received personal and
administrative days off so they could work at the poker game. The witness reported
that the Spartans were angered by the event and sought an equal amount of time off.
A Spartan left a threatening note under the door of the captain who denied the
request.
The COC reviewed the content of a March 16, 2015, anonymous letter to Sheriff
McDonnell that claimed the Spartans’ tattoo “represents ‘putting in work,’ such as
unjustified beatings, falsifying reports of beatings, gladiator fighting, and intimidating
other employees or inmates who interfered.”
Another witness who insisted on anonymity for fear that the witness’ career
would “be over” if the cooperation were revealed, stated that there was a “book” that
the witness had reviewed that identified the name and the date each Regulator
received a tattoo. The witness said that there were twenty-five identified members.
The book also recited the creed that reflected a commitment to “proactive policing.”
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The witness described the creed as “propaganda.”
The witness also described the “tax” the witness was required to pay. For
example, in connection with the Baker to Vegas run the witness was required by a
training officer to pay more than $100 for a photograph of the 1960s “Rat Pack”
celebrities.
The training officer mirrored the language of former Undersheriff Paul Tanaka by
instructing the witness to “work the gray” and “work backwards,” which the witness
was taught meant “fudging” probable cause. The witness used as an example the
“teaching” that all searches in high crime areas are to be defined as with “consent.”
The witness said that nobody in high crime areas ever consents. The witness said that
the goal was to get arrest statistics. When the witness protested “working backwards,”
the witness was described by the training officer as “a rat.” That reputation was spread
through the station.
The witness said that with the passage of time the Department is filled with
“gang” members, including members of the command staff. The witness said that at
least 15 of the 25 Regulators have been promoted. The witness asserted that many of
the promotions resulted from Undersheriff Tanaka’s efforts to promote favored
deputies.
The witness said that the influence of the Regulators affected the goals of young
deputies. Because of the perception that the Regulators were in control, young
deputies wished to “make their bones” to gain acceptance. The witness said that goal
encouraged deputies to get into shootings to establish their “bona fides.”
Special Counsel also received confidential information corroborating the
assertion of multiple interviewed witnesses that tattooed Deputy Clique members
currently hold important positions within the Department. Special Counsel was
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informed that one specific area of influence is in the Civil Rights and Public Corruption
section of the Department. Sheriff Luna has eliminated that section. It was that
section which led a search of former Board of Supervisor’s member Sheila Kuehl and
current COC member Patricia Giggans.
Chief Gooden recounted that Interim Sheriff John Scott ordered that the Deputy
Clique logos be abandoned. Shortly thereafter, however, Gooden learned that there
was offsite sale of clothing with the prohibited logos.
5. Lancaster and Palmdale Stations
Angela Walton described her experience with Lancaster Station over several
years. She testified that when her Vice Squad participated in an undercover operation,
they would not reveal to the Lancaster deputies or supervisors the operation for fear
that the suspects would be tipped off. While not specifically tied to Deputy Clique
activity, the testimony illustrated inter- Departmental mistrust related to the absence
of chain-of-command organizational supervision and the perception that sub-groups
had conflicted loyalties.
Walton applied to be the Captain at Lancaster. She was the only “full Captain”
applying. Since Lancaster is a contract city, city officials interviewed her for the
position. She met with the Vice-Mayor who told her that he had received negative
information about her. Walton understood that there was a Reaper at Lancaster
Station and that the “jacket” she had obtained almost two decades before prevented
her from becoming Captain of Lancaster Station.
Two non-Caucasian witnesses claimed to have been subjected to serial
harassment by training officers at Lancaster Station. All training officers are Caucasian.
One of the witnesses asserted that there were “bad stops” that led to searches, most
often of people of color. The witness said that young deputies were pressured to write
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reports of searches in “a certain way” to make the stops legally justifiable even though
the reports contained false information. The witness said that the training officers
insisted that certain reports be constructed either to conceal actions taken or to reflect
things which did not occur. The witness has reported that these assertions are now the
subject of an investigation by the Internal Affairs Bureau.
The witness’ statement was consistent with a report issued by the U.S.
Department of Justice in a June 28, 2013, finding that deputies in Lancaster and
Palmdale “engaged in a pattern or practice of discriminatory and otherwise unlawful
searches and seizures, including the use of unreasonable force, in violation of the
Fourth Amendment, the Fourteenth Amendment and Title VI.” The Department of
Justice went on to note that “Some Antelope Valley Deputies wear tattoos or share
paraphernalia with an intimidating skull and snake symbol as a mark of affiliation with
the Antelope Valley stations.”
In a deposition in a wrongful death case, Oleg Polissky, a Palmdale Station
deputy, testified that he received a Cowboys tattoo and attended a celebration with at
least twenty similarly tattooed deputies. A similar tattoo appeared on the leg of a
former deputy who was shot by another deputy while on a camping trip. A photo of
the victim’s leg was displayed at a Special Hearing of the COC. A witness who required
anonymity was told that the shooting was in retaliation for an act objected to by the
Cowboys. The retaliatory shooting of out of favor compatriots is classic criminal gang
activity prosecuted regularly. Another witness with direct knowledge of the
circumstances, and who was the source of the first witness’ knowledge of the shooting,
declined to be interviewed.
6. Aero Bureau
Aero Bureau is responsible for the Department’s helicopters. It has a small
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number of assigned deputies who have the necessary pilot skills and wear a helmet
that has as its logo a chicken being choked. The group is widely referred to as the
“Ghetto Birds.”
A witness interviewed by COC’s staff described systematic harassment by the
three senior Caucasian deputies in the Aero Bureau. The witness described them as a
“clique” and the three as “shot callers.” The witness said that there were no African
Americans assigned to the Aero Bureau and that as far as the witness knew there had
been only one African American ever assigned to the Bureau.
Another witness, a current deputy with 20 years of service who insisted upon
anonymity for fear of retribution, confirmed that the Aero Bureau takes pride in the
“Ghetto Bird” logo. The witness said that a leader of the Aero Bureau openly stated
that he was a Viking and was a founder of the Regulators. Another leader is a tattooed
member of the Spartans. The witness described the process of coordinated
“humiliation” efforts directed by the shot callers to disfavored deputies. The shot
callers encouraged the others at Aero Bureau to ignore disfavored deputies.
The witness described systematic and routine harassment that caused many
new deputies to leave the Bureau. The witness observed the shot callers mocking the
accent of a Hispanic deputy and said that disfavored deputies had their pictures placed
and defaced on bathroom walls.
The action of a small, self-selected racially harmonious sub-group is consistent
with evidence regarding how Deputy Gangs and Deputy Cliques acted in numerous
stations throughout the Department. The use of racially charged and disparaging logos
is also consistent with their problematic conduct. Such conduct is inconsistent with
fundamental principles of professional policing.
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C. Obstacles to Eliminating Deputy Cliques in the Department
Among those who must participate in the solution to longstanding and
widespread problem of Deputy Gangs and Deputy Cliques in the Department are the
Association for Los Angeles Deputy Sheriffs (“ALADS”) and County Counsel. Neither
ALADS nor County Counsel have been helpful in the past.
1. ALADS
Most deputies who are members of ALADS are not tattooed members of a
Deputy Gang or Deputy Clique. According to the Rand Report as many as 15 to 20% of
deputies belong to Deputy Cliques. ALADS should, accordingly, recognize that the
elimination of Deputy Gangs and Deputy Cliques is in the best interests of the vast
majority of its members.
The Special Counsel’s investigation has revealed, however, numerous instances
in which ALADS has protected Deputy Gang and Deputy Clique members. This has
included protecting deputies who engaged in gang activities involving serious
misconduct against other deputies who presumably are ALADS members. There is no
dispute that pursuant to the Myers-Milias-Brown Act and the National Labor Relations
Act, ALADS owes a duty of fair representation to all its members. Special Counsel
believes, however, that ALADS can meet its obligations without condoning the
existence of Deputy Gangs and Deputy Cliques, the harm they cause to the
Department, or the attendant unprofessional conduct in which members of those
groups engage.
ALADS has opposed efforts by the Department to require the disclosure of
tattoos affiliated with Deputy Cliques. In one example, ALADS procured a legal opinion
that the First Amendment prohibits the Department from barring deputies from having
tattoos associated with these groups. That opinion, which is it at odds with the
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applicable law discussed below, was provided to Sheriff Villanueva, who relied upon it
to assert that he was constitutionally unable to restrain the use of tattoos by Deputy
Cliques even if they constituted “police gangs” as defined by California Penal Code
section 13670.
In a very recent example ALADS contacted a current captain who sent an email
advising deputies at his station not to get Deputy Gang/Deputy Clique tattoos because
it could hurt their careers. ALADS protested that advice and told the captain to cease
and desist from advising deputies about tattoos. Such communication serves both to
undermine the command structure of the Department and to normalize open display
of Deputy Gang and Deputy Clique membership.
Steve Biagini, a retired 37-year veteran of the Department who served as
Captain in the East L.A. station, observed that because of actions by ALADS and PPOA
(Professional Peace Officers Association), the supervisor’s union, he could not question
an incoming transferee’s “fitness” to serve at the East L.A. station. Rather, if the
deputy was on an incoming transfer list, he had no discretion to refuse the transfer.
Similarly, he lacked the ability to transfer problematic deputies from the station.
Biagini blamed ALADS for this limitation on supervisorial discretion and the
consequential harm to the Department of requiring unfit deputies to remain in stations
where their problems arose.
Michael Gennaco, who was the head of the Office of Independent Review,
described the institutional problems attributable to ALADS. He expects that ALADS will
oppose more detailed and explicit training of deputies about the dangers of Deputy
Clique affiliation, will oppose changes in the transfer and rotation system to reduce the
influence of Deputy Cliques at stations and jails, and will not acknowledge the
existence of problems associated with Deputy Cliques, notwithstanding the evidence
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set forth above.
Gennaco used as an example ALADS’ involvement in the Quiet Canon episode,
another fight among deputies, some of whom were ultimately terminated. Gennaco
said that ALADS ostracized the whistle blowers but backed “to the hilt” the accused.
ALADS’s reaction to the Internal Affairs investigation of the Kennedy Hall incident
involved a similar defense of the accused even though the victims were also deputies
(and presumably ALADS members).
ALADS also created obstacles to Special Counsel’s investigation. Those include
making a baseless contention that the COC has no subpoena power because the grant
of that power by Measure R violates the deputies’ collective bargaining agreement
with the County. Further ALADS has contacted witnesses subpoenaed by the COC and
urged them to seek specific lawyers to assist the witnesses in avoiding testimony. A
subpoenaed witness reported a specific direction to call a designated lawyer who
would arrange for the witness not to testify.
It is imperative that ALADS supports the elimination of the Deputy Gangs and
Deputy Cliques for the benefit of its members. The repeated gang style behavior of
certain Deputy Cliques has led to enormous litigation costs borne, in part by ALADS, to
the detriment of ALADS’ members, and significant harm to the Department’s
reputation with the public. Each special hearing of the COC included multiple public
witnesses calling out gang behavior by deputies and expressing a community fear and
hatred of deputies simply because they were members of the Department. The level
of anger and mistrust publicly expressed is the tip of a sizable iceberg in the
community. Elimination of Deputy Gangs and Cliques is in the best interest of all
Department members. The public enmity alone increases the risk of harm to deputies.
If only for reasons of their members safety, ALADS’ should be a leader in eliminating
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Deputy Cliques and the Deputy Gangs that grow out of them.
2. County Counsel
County Counsel bears some responsibility for enabling Deputy Cliques. After the
Kolts Commission issued the first report to publicly acknowledge the existence of
Deputy Cliques in the Department in 1992, Judge Kolts recommended that the County
establish a civilian oversight board to ensure the Sheriff implemented reforms aimed at
reducing uses of force and eradicating Deputy Gangs. The County Counsel, however,
issued an opinion advising that a civilian oversight board without the Sheriff’s
agreement would violate state law. The Department leadership used this opinion to
successfully oppose civilian oversight for many years. During this period without
civilian oversight deputy gangs flourished.
The County Counsel has approved the use of County resources to pay by the
hour litigation counsel to defend Deputy Gang and Deputy Clique members who have
engaged in misconduct far outside the scope of their duties as deputies. Deputies who
engaged in an after-hours beat downs of co-workers as an exercise of their power over
other co- workers were not acting within the course and scope of their duty and yet
they are supported in litigation by the County.
In connection with Lockett v. County of Los Angeles, 18-CV-5838-PJW in a
December 2022 “Summary of Corrective Action” an Assistant County Counsel
addressing the beating and tasering by Deputies Aldama and Orrego of Sheldon
Lockett alleged to have been motivated by the deputies involvement in the
Executioners Deputy Gang wrote “to date, there is no information or evidence
obtained through any Sheriff’s Department investigation to substantiate this claim[that
the use of force by the deputies was motivated by their membership in the
Executioners.]” In fact, as was revealed at the hearing, Aldama displayed his
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Executioner tattoo at a deposition. The Court denied the County’s lawyer’s attempt to
keep from the jury evidence of the tattoos of the deputies. The question of the
relationship between the use of force, a claim ultimately settled by the County for
more than two million dollars, and action in furtherance of gang membership surely
was a reasonable inference to be drawn from the history of the Executioners and the
disturbing facts that led to the multi-million dollar settlement.
It appears that County Counsel refused to accept the inference in light of the
facts publicly known. For example, in the case of the shooting of Donta Taylor by the
same deputies, Aldama admitted not only that he had an Executioner tattoo but that
up to twenty other deputies had the same tattoo. The Taylor case settled for seven
million dollars. It appears that notwithstanding almost ten million dollars in County
paid settlements that the County Counsel refused to accept the inference widely
drawn by the media and the community.
As Michael Gennaco has made clear, County Counsel has not supported
meaningful risk management and other efforts to address the problem of Deputy
Cliques on the front end; that is, working to root out the problems before they result in
litigation as opposed to paying after-the-fact litigation costs, settlements, and adverse
judgments. He recalled a handwritten document describing a Regulator tattoo, which
stated that “if you kill add smoke” to the tattoo. Gennaco stated that County Counsel
urged no action because of concern that the Department would be sued if it took
action in response to the tattoo.
The COC believes that County Counsel is aware that former Sheriff Villanueva
relied upon a withdrawn and legally erroneous 2014 opinion to claim that he could not
end the tattooed Deputy Cliques. Despite the COC’s request, the COC has been
informed that County Counsel has advised the Board of Supervisors not to release an
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opinion that fully sustains the COC’s recommended policy change. By this simple act
County Counsel gave cover to a regime that at minimum tolerated, if not rewarded
Deputy Gangs and Deputy Cliques.
The conduct of County Counsel creates a reasonable inference that, whatever its
intentions, by its actions and inactions it has not provided meaningful assistance to
eliminating Deputy Gangs and Deputy Cliques.
3. Los Angeles District Attorney’s Office
The District Attorney’s Office has in many instances ignored deputies who
participate in Deputy Gangs and Deputy Cliques and who engage in gang-related
misconduct. The Justice System Integrity Division (JSID) of the Los Angeles District
Attorney’s Office investigates alleged criminal misconduct by deputies, as well as all
deputy involved shootings to determine whether criminal charges should be filed. In
conducting its analyses, the JSID repeatedly refrains from pursuing evidence that a
sheriff’s deputy accused of potential criminal activity or unconstitutional is affiliated
with a Deputy Gang or Deputy Clique. For example, JSID declined to file criminal
charges against four alleged Banditos who severely beat other deputies at an off-
training party at Kennedy Hall. Despite substantial evidence that incident was, in
effect, a “gang beat down,” the JSID discounted a gang-related motive, writing:
“Although there was some mention of a subculture of “Bandtios” existing at the ELA
station, the Banditos was not a focus of this investigation nor were suspects identified
as being part of this subculture.… At no point in this investigation did any witnesses
indicate that the Banditos were equivalent to a gang or any type of criminal
enterprise.”
The JSID memo is factually wrong—several witnesses interviewed in Special
Counsel’s investigation have characterized the Banditos as a “gang”—and betrays a
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reluctance to pursue any evidence of gang affiliation or a gang-related motive for
alleged misconduct. As the Inspector General concluded in his October 2020 report,
“Having received what appears to be a purposefully perfunctory investigation by ICIB
(which did not gather evidence of the motive behind the alleged assault at Kennedy
Hall) the LADA office did not request statements be taken from the uncooperative
witnesses or compel a grand jury to compel statements.”
The District Attorney’s Office also has failed to require the Department to
disclose the identity of known Deputy Gang and Deputy Clique members who are to
testify as prosecution witnesses in criminal trials. The District Attorney’s Office does
not require Deputy District Attorneys to ask prosecution witnesses whether they
belong to a Deputy Gang. The failure to obtain and to disclose potentially exonerating
or impeaching testimony favorable to the defense raises significant constitutional
issues under Brady v. Maryland (1963) 373 U.S.83.
D. The Elimination of Deputy Cliques is Constitutionally Permissible
Applicable law permits disciplinary actions, including termination, based upon a
deputy’s joining or participating in an internal Deputy Clique. The overwhelming
evidence presented at the public hearing, and developed in extensive interviews,
demonstrates that Deputy Cliques encourage excessive force, undermine supervision,
destroy public trust, are discriminatory, disruptive, and act contrary to fundamental
principles of professional policing. With these elements Deputy Cliques are properly
defined as gangs within the definition of Penal Code Section 13670. These
characteristics make the elimination of the Deputy Cliques constitutionally permissible.
Indeed, they make the elimination of these Deputy Cliques and Deputy Gangs a
constitutional imperative.
The activities of and dangers created by Deputy Cliques meet the balancing test
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required to ban or limit membership in these groups. Pickering v. Board of Education,
391 U.S. 563 (1968) established the required “balancing” test. The Ninth Circuit applied
the test in Hudson v. Craven, 403 F.3d 691, 696 (9th Cir. 2005). The balance to be
weighed is: “(1) [W]hether the speech that led to the adverse employment action [i.e.,
prohibiting Deputy Cliques] relates to a matter of ‘public concern’; and (2) whether,
under a balancing test, the public employer can demonstrate that its legitimate
interests outweigh the employee’s First Amendment rights.”
Based upon the “public comment” at COC’s special hearings and COC regular
meetings and the multiple public reports going back to the Kolts Commission in 1992,
the existence and conduct of Deputy Cliques are plainly matters of “public concern.”
The COC has heard moving statements by friends and family members of deceased or
injured individuals impacted by the activities of Deputy Cliques. The treatment and
gang activities of Deputy Clique members toward their brothers and sisters in uniform
is a chilling statement of the paramount interest of the Department and the County in
protecting its own employees and not tolerating persistent violations of law and
fundamental principles of professional policing. The public is well advised to be
“concerned” and to view the evidence of such misconduct directed toward fellow
deputies and assume that they, as outsiders of the organization, can only expect worse
treatment.
In Piscottano v. Murphy, 511 F. 3d. 247, 274-277 (2nd Cir. 2007), the court
concluded that correctional officers’ membership in the Outlaws Motorcycle Club, an
organization that had engaged in criminal activity, presented an issue of “public
concern.” Here, both extensive law enforcement testimony and evidence and the
public comments demonstrate that Deputy Clique membership is a matter of public
concern. Accord, Godwin v. Rogue Valley Youth Corr. Facility 656 App’x 874, 875 (9th
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Cir. 2016).
In the balancing of competing interests prong of the test, the employer needs to
show that “the employee’s activity is disruptive to the internal operations of the
governmental unit in question” and the disruption is significant enough so that it
“impairs discipline by superiors or harmony among co-workers, has a detrimental
impact on close working relationships…or impedes the performance of the speaker’s
duties or interferes with the regular operation of the enterprise.” Melzer v. Bd. of Educ
of City Sch. Dist. of City of New York, 336 F.3d 185, 197 (2nd Cir. 2003).
Courts have consistently found that a “law enforcement agency has a
heightened need for order, loyalty, morale and harmony which affords a police
department more latitude in responding to the speech of its officers than other
government employers.” See e.g., Doggrell v. City of Anniston, Alabama, 277 F. Supp.
3d 1239, 1258 (N.D. Ala. 2017); Turner v. United States Capital Police, 34 F. Supp. 3d
124, 143 (D.D.C. 2014); McMullen v. Carson, 754 F.2d 936 (11th Cir. 1985) (Ku Klux Klan
membership sufficient to terminate a Sheriff’s deputy.). Further, the efficiency,
security, and integrity of the Department law enforcement function easily outweighs
the “associational rights” of a Deputy Clique member.
In short, the applicable law establishes that, based upon the facts found by
Special Counsel, and the evidence offered in public hearings conducted by the COC
that the elimination of Deputy Cliques is well within the constitutional bounds of the
Department. Not only is it permissible, but it is also a necessity.
IV. FACTUAL FINDINGS SUMMARY
Special Counsel’s investigation of Deputy Gangs and Deputy Cliques in the Los
Angeles Sheriff’s Department demonstrates that it is time to eradicate this 50-year
plague upon the County of Los Angeles, its residents and the Department’s employees
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who do not belong to, or wish to be associated with, the Deputy Gangs or Deputy
Cliques. The fine distinction, if any, between “Deputy Gangs” and “Deputy Cliques” is
not important. The evidence has shown that Deputy Cliques regularly devolve into
discriminatory, exclusionary, and dangerous associations that challenge the core goals
of law enforcement.
Accordingly, Special Counsel sets forth below recommendations to the COC to
urge Sheriff Robert Luna to accomplish this goal. The COC should work with the Sheriff
and the Department in facilitating enactment of the recommendations and monitoring
the results.
V. RECOMMENDATIONS TO ELIMINATE DEPUTY GANGS AND CLIQUES
On February 14, 2020, the COC passed a resolution recommending that the
Department enact a policy “prohibiting joining and participation in deputy cliques.” A
copy of the resolution and preamble is attached as Exhibit A.
The COC defined Deputy Cliques “as groups of Sheriff’s deputies within a
particular patrol station, bureau or unit who self- associate as a subgroup to the
exclusion of others in their station or unit.“ The term “Deputy Cliques” when used
within the Department was intended to minimize the problem created by such groups.
The harmful effects of groups of deputies who self-associated and acted to
exclude other deputies by identifying with symbols and names designed to separate
themselves from the Department had a principal focus upon the harm caused to the
Department and to excluded members. Special Counsel urges the COC to reiterate its
request that the Sheriff enact a policy prohibiting deputies from joining, participating
in or soliciting others to join a Deputy Clique.
However, Special Counsel urges the COC to go further. As expressed above, as
defined in the COC proposal, the term “Deputy Cliques” encompasses subgroups that
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engage in misconduct directed against the community such as excessive force and
violations of constitutional rights. The factual investigation has revealed widespread,
deliberate misconduct that at minimum violates fundamental principles of professional
policing and in many cases appears to violate the law. The time has now come for a
policy that expressly prohibits not just the internally harmful effects of Deputy Cliques,
but the external, community harmful acts of Deputy Gangs. Such harmful acts include
falsified police reports, unlawful searches and seizures, misuse and excessive use of
force and discriminatory enforcement of law. Proof that the community, particularly
the communities of color, are suffering because of gang behavior is epitomized in the
recently released body-camera footage of Deputy Sabatine as he exercised his
authority by pointing a gun at an African American man sitting in his parked car
without any evidence of a crime.
Now is the time to eliminate all these problematic groups, Deputy Cliques and
Deputy Gangs. The factual findings compel the COC to urge the Sheriff to adopt the
following recommendations:
A. LEADERSHIP AND SUPERVISION
1. The Sheriff must clearly, promptly and unequivocally articulate his
vision, policies, and objectives in addressing the problem of
Deputy Gangs and Deputy Cliques.
Deputy Gangs and Deputy Cliques, and their adverse effects on the community
and the Department need to be eliminated. This is easier said than done, but it will
never be done unless the Sheriff promptly announces that Deputy Gangs and Deputy
Cliques will no longer be tolerated. He should make clear that this is a top priority, and
he should state his intention to make this happen immediately. He must also promptly
adopt policies calculated to achieve this goal and see that these policies are enforced.
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2. Adopt a policy that clearly prohibits deputies from participating in
Deputy Gangs, as defined in Penal Code Section 13670.
Special Counsel’s investigation has revealed that, despite 50 years of known
Deputy Gangs and Deputy Cliques within the Department, these problematic groups
continue to operate at several of the Department’s patrol stations, engage in gang like
activities and no Sheriff has adopted a policy banning participation in such groups.
Moreover, the State legislature has mandated that every law enforcement agency in
the State of California “shall maintain a policy that prohibits participation in law
enforcement gangs and make violation of that policy grounds for termination.” PC
Section 13670(b). Moreover, the legislature has defined the term “law enforcement
gang.” The current Sheriff’s predecessor failed to implement a policy banning law
enforcement gangs within the Department. Such a policy should be adopted without
further delay.
3. Adopt a policy that prohibits deputies from joining, participating
in and soliciting others to join Deputy Cliques.
Given the Department’s long history of exclusionary deputy subgroups, it will
not be enough merely to prohibit participation in deputy or law enforcement “gangs.”
Ending this problem requires a prohibition against joining and participating in Deputy
Cliques. In April 2021, the COC proposed that the Department adopt a policy that
prohibits deputies from joining, participating in, or soliciting others to join a Deputy
Clique. The COC’s proposed policy was accompanied by a preamble that explained the
need for such a policy and provided definition to the term Deputy Clique.
As noted above, Special Counsel urges that the Sheriff adopt the COC’s proposed
policy. Violators of the policy would be subject to discipline, up to and including
termination. The indispensable element to ending this 50-year harm to the
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Department and the public is adopting the recommended policy to send a strong
message that belonging to a Deputy Clique is no longer going to be tolerated, that gang
behaviors are a thing of the past and this Sheriff is fully committed to rid the
Department of these groups.
All Deputy Gangs have sprung from Deputy Cliques, and the clique-culture is
deeply embedded in the Department. This cancer in the Department must be excised.
4. The Sheriff should develop a departmentwide initiative to end
Deputy Gangs and Deputy Cliques.
As noted above in the Factual Findings, Deputy Gangs and Deputy Cliques are
secretive, exclusive, and often employ intimidating, unprofessional, or controversial
graphics, including body tattoos. They diminish the public’s trust in the Department,
undermine supervision and the chain of command, are detrimental to the morale of
other Department members, and negatively impact the Department’s effectiveness
and professionalism in executing its mission. The elimination of these groups requires
buy-in at all levels of the Department. The Sheriff should announce a department-wide
initiative banning Deputy Gangs and Deputy Cliques. All executives, managers, and
supervisors must be openly and unequivocally committed to conveying the Sheriff’s
policy, and objectives to Department personnel. As the Rand study stated, “Culture
eats policy.” The Sheriff’s leadership team must change the culture of stations, jails,
and other bureaus or units where these groups exist.
5. The Sheriff should seek the support of ALADS and PPOA, for his
vision, policies and objectives regarding Deputy Gangs and Deputy
Cliques.
ALADS and PPOA need to be part of the solution and recognize that the
elimination of Deputy Gangs and Deputy Cliques is in the overall best interests
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of their members.
6. Any captain who is unable or unwilling to support the Sheriff’s
policy without reservations should be subject to appropriate
discipline ranging from transfer to a less critical position with little
or no presence of Deputy Gangs and Deputy Cliques to
termination for insubordination in the Sheriff’s considered
judgment and pursuant to required due process.
7. The Department should consider assigning a senior captain and a
newly promoted captain to larger, high activity stations to ensure
maximum supervision and mentoring of lieutenants and sergeants
while retaining full accountability within the paramilitary structure
of the Department.
Although a single captain heads Sheriff’s patrol stations, there is a precedent for
having two captains oversee a facility in the Custody Division. MCJ, Twin Towers
Correctional Facility, and North County Correctional Facility all have two captain
organizations—one for operations and one for administrative functions. Assigning two
captains to larger, busier patrol stations, particularly those with a history of
entrenched Deputy Gangs and Deputy Cliques, will enhance the ability of captains to
address the continuing problem of these groups and help ensure that such groups will
not be formed in the future. If the Sheriff does not believe a two-captain approach is
well advised, he should report his reasons to the COC.
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B. POLICY AND TRAINING
1. As set forth in recommendations A (2) and A (3) above, the Sheriff
should adopt and promptly implement a clear policy to address
the need to eliminate Deputy Gangs and Deputy Cliques and
prohibit tattoos that depict violence which must be supported,
and explained by the Sheriff’s leadership team.
As defined earlier in this Report, a Deputy Clique is an association of deputies
within a station or unit that is secretive and invidiously exclusionary and often adopts
images, including matching tattoos depicting violence or the use of deadly force. These
sub-groups have been fairly and frequently defined as Deputy Gangs. As stated in
Recommendations No. A (2) and A (3) above, the Sheriff should immediately bar all
deputies from joining, participating in, or soliciting others to join Deputy Gangs and
Deputy Cliques. In addition to adopting this policy, the Sheriff should promulgate
additional polices to help eradicate Deputy Gangs and Deputy Cliques, including a
policy that prohibits new deputies hired after the date of the issuance of
Recommendations A (2) and A (3) from having tattoos that depict violence, the use of
deadly force or any iconography that might reasonably be found offensive to the
public. Current Department members should also be prohibited from acquiring such
tattoos after the date of the issuance of the policy. Any current Department member
who acquired a Deputy Gang or Deputy Clique tattoo prior to the adopting of the
policy should be required to ensure that it is not visible while the member is on-duty,
on Department or County property, or is representing the Department away from the
workplace.
A review of stations and jails should be conducted to determine which facilities
have unprofessional station/jail/bureau logos. Unit commanders should be
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accountable for the removal of decals, flags, bumper stickers, decorations, or other
depictions of unprofessional symbols inappropriate for representing Department units.
All managers and supervisors must be responsive to the existence of graphics or other
symbols representing prohibited Deputy Gangs or Deputy Cliques or offensive
station/jail/bureau logos such as “Ghetto Birds” or “Ft. Apache.” They should be
removed, and misconduct investigations should be initiated to determine which
personnel are responsible for such graphics or symbols if they reappear in the future.
2. The Department should investigate violations of the policy
banning joining or participating in Deputy Gang and Deputy
Cliques and refer violations for discipline.
A primary consequence of any violation of the Sheriff’s policies regarding Deputy
Gangs or Deputy Cliques should be a misconduct investigation followed by appropriate
discipline which should range from suspension through demotion to discharge
consistent with due process. Department personnel should also be advised that the
Department will enforce Penal Code Section 13670.
3. The Department’s leadership team should consistently and
recurrently emphasize the adverse career consequences of
creating or joining a Deputy Gang or Deputy Clique.
Although this task belongs to personnel of every rank, the time commitment
must increase with each successively lower rank. Notwithstanding the importance of a
captain-level manager to set the tone for deputies, lieutenants and sergeants,
lieutenants and sergeants spend the most time with deputies. They therefore must be
most accountable for communicating to deputies under their supervision the adverse
consequences of becoming involved with Deputy Gangs and Deputy Cliques. Captains
ultimately are responsible for and must be held accountable for the performance of
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lieutenants and sergeants.
4. The Department must implement a procedure for notifying the
District Attorney’s Office if a deputy testifying as a witness
participates in a prohibited Deputy Gang or Deputy Clique.
Compliance with Federal and State law, including compliance with Brady v.
Maryland (1963) 373 U.S. 83, requires the District Attorney’s Office to disclose if a
deputy testifying as a prosecution witness participates in a prohibited Deputy Gang or
Deputy Clique that might bear upon the witnesses’ credibility. The confidentiality of
law enforcement personnel files does not relieve the prosecution of its constitutional
obligation to disclose impeaching information for any deputy testifying as a
prosecution witness. Sheriff Luna and his designees should consult with the District
Attorney’s Office to devise an appropriate procedure for the Department to notify the
District Attorney’s Office that a deputy is participating in a prohibited Deputy Gang or
Deputy Clique so that prosecutors can make the required disclosures, if any, to the
defense.
5. The Department should actively investigate violation of the policy
prohibiting joining, participating in or soliciting deputies to join
Deputy Gangs and Deputy Cliques
Sheriff Luna should remedy the Department’s longstanding failure to investigate
Deputy Gangs and Deputy Cliques. After Recommendation No. 2, above is adopted, the
Department should make reasonable efforts to learn whether deputies continue to
participate in such groups, as the Department did in 1973 with the Little Red Devils and
in 2013 with the Jump Out Boys.
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6. The Department should train supervisors how to mentor deputies
about the adverse consequences of involvement in Deputy Gangs
and Deputy Cliques.
In 2016 the Department initiated a departmentwide mentoring program for
deputy personnel named the “Sergeants’ Mentoring Initiative.” The objective of the
program was to equip and inspire the sergeants to provide to their deputies
meaningful, practical, recurrent mentoring about decision-making and conduct in law
enforcement and custodial services. The program was designed to (1) emphasize the
high aspirations associated with public safety services, (2) stress the importance and
difficulty of the decisions required of peace officers, (3) acknowledge the temptations
and pressures prevalent in law enforcement, and (4) enhance deputies’ capacity to
apply foresight, perspective and wisdom to their decision- making and conduct.
7. The Department should implement a series of community
meetings involving patrol station captains, commanders, and
chiefs to ascertain the impact of Deputy Gangs and Deputy Cliques
on community relations.
The Department should implement at every station a Community Advisory
Committee (“CAC”). The committees should consist of community members who have
been vocal in their criticisms of law enforcement in addition to station “boosters” who
volunteer for membership.
The periodic meetings should be attended by committee members, other
members of the community, and station personnel, including the captain, dedicated
lieutenant, sergeants, and special assignment and other deputies as necessary. These
meetings constitute excellent forums for Department personnel to learn about
community concerns. The topic of Deputy Gangs and Deputy Cliques must be an
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agenda item of these meetings.
C. RE-DEPLOYMENTS AND ROTATIONS
Special Counsel recognizes the complexity of the Department, as well as the
difficulty of managing the second largest local law enforcement agency in the country,
with its large geographical area, responsibilities for operating the largest county jail
system and the largest local court system in America and its duty to police over four
million residents.
Special Counsel also recognizes that re-deploying or transferring deputies who
belong to a Deputy Gang or Deputy Clique from one unit or patrol station to another
has in certain circumstances resulted in moving but not necessarily solving the
problem. The clearest illustration of this was the transfer of substantial numbers of
deputies who were members of the 2000 and 3000 Boys to the same patrol stations
they selected as their preferences, i.e., Compton and South L.A. Stations, respectively.
Nonetheless, the use of the Sheriff’s authority to re-deploy, transfer and rotate
assignments is a valuable tool that can help eliminate Deputy Gangs and Deputy
Cliques within the Department and, importantly, preventing their formation and re-
emergence.
In interviewing non-Department law enforcement managers, as well as former
Department leaders, Special Counsel recognizes that other law enforcement agencies
use re-deployment and assignment rotation to minimize the risk of problematic officer
or deputy groups forming in those agencies. It is an available and appealing strategy
here. While not a panacea, it would provide an additional remedy and the mere
announcement of the policy could serve a prophylactic effect.
Moreover, the evidence adduced demonstrates that the Department’s
decentralized station-based structure has played a significant role in fostering Deputy
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Gangs and Deputy Cliques. Deputies’ loyalties extend to the station rather than to the
Department as a whole. Indeed, tattoos often are associated with the first or “home”
station of the deputy.
At a minimum, the Sheriff should provide a report to the COC on his perception
of the viability and likelihood of success of the rotational plan set forth below.
Special Counsel urges that the Sheriff implement the following recommendation
for re-deployment and periodic rotations of deputies within patrol and custody:
1. The Sheriff should use his authority to re-deploy and rotate
deputies based upon the needs of the Department for the
Department to eliminate the formation and re-emergence of
Deputy Gangs and Deputy Cliques.
The Sheriff should consider making such re-deployments or transfers within a
geographic patrol or custody division, where possible, to avoid undue hardships. The
Sheriff should also consider rotating all patrol deputies (after completion of field
training) no later than the end of their first year in patrol to another patrol station
within the Division. The Sheriff should also consider rotating all patrol deputies in
periodic rotations, no longer than every five years, or sooner, to another station. The
CCJV recommended and the Department implemented frequent rotations of deputies
within the facilities of the County Jails. The rotational policy played a role in breaking
up of the 2000 and 3000 Boys and reducing excessive force in MCJ. The rotation of
deputies serving in Custody divisions should continue.
To effectively use the Sheriff’s authority to re-deploy, Unit Commanders should
take necessary actions to address the problem of Deputy Gangs and Deputy Cliques
under their commands, including recommending to their Chiefs transfers of
problematic deputies. Captains must be focused upon the rotation options and actively
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participate in informing Commanders and Chiefs of the utility and results of such
transfers.
2. The Department should re-assess the dual career track for
Custody/Court Services and provide a written report to the COC
explaining what factors impede implementation.
Having more deputies in Custody or Court Services who want careers in those
Divisions may allow other deputies to go directly to patrol from the academy or
shorten the time that other deputies spend in Custody after the academy.
3. The Department should assess the feasibility of first assignments
to patrol rather than jail facilities and provide a written report to
the COC explaining what factors exist, if any, impede
implementation.
D. ACCOUNTABILITY
1. The Sheriff should ensure that senior executives and unit leaders,
notably captains and commanders are implementing the Sheriff’s
policy, vision and objectives regarding Deputy Gangs and Deputy
Cliques.
A segment of the weekly Executive Planning Council meeting (Sheriff,
Undersheriff, Assistant Sheriff, Division Chiefs and various staff members) should be
devoted to discussion of the progress of the initiative to end Deputy Gangs and Deputy
Cliques. Identified obstacles should be remedied quickly.
2. The Office of Inspector General should monitor implementation of
the policy banning, joining or participating in Deputy Gangs and
Deputy Cliques.
Because of the imperative of implementing policies to eliminate Deputy Gangs
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and Deputy Cliques, Special Counsel recommends that the COC request the Office of
Inspector General to deploy its resources as additional “eyes and ears” to ensure the
policy recommendations A (2) and A (3) are implemented fully and with alacrity.
3. Promotional considerations should include an evaluation of
evidence that a member under consideration for a promotion is
currently involved in a Deputy Gang or Deputy Clique, including
the nature and extent of the member’s involvement and whether
it was before or after the date of the policy issued by the Sheriff.
Past administrations have promoted tattooed Deputy Gang members to the
highest levels of leadership in the Department. Most notably, Sheriff Baca promoted
Paul Tanaka, a tattooed Viking, to Undersheriff. More recently, Sheriff Villanueva
promoted Timothy Murakami, a tattooed Caveman, to Undersheriff and Lawrence Del
Mese, a tattooed Grim Reaper, to Chief of Staff.
Promoting Deputy Gang members into leadership positions reinforces the power
of Deputy Gangs and Deputy Cliques and undermines the ability of officials to
implement reforms aimed at eliminating them within the Department. For example,
former Undersheriff Tanaka’s recommendation encouraging investigative tactics “close
to the line”and “in the gray area” became part of the Jump Out Boys creed.
Current or former Deputy Gang and Deputy Clique members in leadership
positions will have difficulty enforcing new prohibitions against other deputies joining
a Deputy Gang or Deputy Clique because their own tattoos and past participation
renders them vulnerable to accusations of, at minimum, hypocrisy. Former Chief of
Staff Del Mese testified that he had his Reapers tattoos removed at about the same
time as the former Sheriff appointed him Chief of Staff because he understood that the
tattoo had come to be a “liability” and “a bad look.”
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Consequently, the Department should inquire if a deputy under consideration
for a promotion is or was Deputy Gang or Deputy Clique affiliated and must carefully
evaluate the Department wide implications of promoting those who actively
participated in such groups.
4. The Department should include a standard set of questions
regarding a deputy’s current affiliations with Deputy Gangs or
Deputy Cliques in the use of force review process and in
administrative and internal criminal investigations.
This recommendation does not assume a per se causal connection between
membership in a Deputy Gang or Deputy Clique, or the fact that a deputy has a tattoo
reflecting involvement in such a group, and unlawful use of force or misconduct. It is,
however, important to recognize that the community widely assumes such a causal
connection.
Members of communities policed by Deputy Gangs and Deputy Cliques widely
infer a connection between such groups and excessive uses of force. The U.S.
Commission on Civil Rights report, the Loyola Report and the report of the National
Association of Blacks in Criminal Justice noted that stations with active Deputy Gangs
have significantly more deputy involved shootings than stations without Deputy Gangs,
even when the overall crime rates in the station-districts are comparable.
The questions must enable an assessment of the possibility or likelihood of a
connection, without any presumption. If there is evidence indicating even a possible
connection between a deputy’s membership in a Deputy Gang or Deputy Clique and a
use of force incident or misconduct, investigative steps should be taken to determine
the nature and extent of the connection. In any such cases, the Office of the Inspector
General should be notified and asked to monitor the progress of the investigation.
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5. The Department should ensure that captains are notified of
deputies involved in force incidents or personnel misconduct
investigations who have affiliations with Deputy Gangs or Deputy
Cliques, including tattoos associated with such groups.
The Department should codify this recommendation as a rule in the Department
Manual of Policy and Procedures. The responsibility for making this notification will
normally fall to an investigator at the captain’s own unit of assignment, or to an
Internal Affairs Bureau or to Internal Criminal Investigations Bureau investigator.
However, anyone who obtains such knowledge must promptly notify the concerned
captain, either directly or through the chain of command.
6. The Department should ensure that the CompStat process for risk
management indicators regarding the existence of Deputy Gangs
or Deputy Cliques within a patrol station or other Department unit
is implemented and is effective in assessing the risk mitigation
efforts of unit commanders.
The Department previously instituted a CompStat process, also referred to as
the Sheriff’s Critical Issues Forum (SCIF). The Department initially used it primarily in
patrol divisions, but later extended to every division involved with large scale risk
management issues. LAPD has successfully employed a CompStat process that allows
measurable results. Such statistics driven analyses can assess unit commanders’ efforts
to successfully manage their responsibilities. SCIF or other statistics driven analyses will
assist in the responsible operating of the Department and provide another forum for
evaluating progress on efforts to end Deputy Gangs and Deputy Cliques. The
Department should track force incidents by shifts or deputy partners, checking for, and
assessing, patterns that may indicate the need for re-assignments, transfers or,
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discipline.
The Department should implement a “performance mentoring” process,
overseen by Risk Management Bureau (“RMB”). The object of the program should be
to identify “at-risk” employees by means of the automated “early identification and
intervention system”.
Active management will determine the cause and the means of rectifying
patterns of problematic conduct. Where leadership perceives the behavior as curable
and non-recurrent, a mentoring program specifically designed to help the employee
avoid future misconduct should be enacted.
7. The Department must ensure that captains hold sergeants and
lieutenants accountable for deputies under their supervision
involved in Deputy Gangs and Deputy Cliques.
It is essential that captains and lieutenants back up sergeants who face
insubordination from members of Deputy Gangs and Deputy Cliques. Fulfilling this
recommendation is a fundamental duty of captain- and lieutenant-level managers.
They must assess lower ranking managers and supervisors as to their commitment to
convey, support and enforce the Sheriff’s vision and intentions about Deputy Gangs
and Deputy Cliques. Failure on the part of a captain to meet this obligation should be
grounds for transfer or other appropriate employment action.
8. The Department must ensure that sergeants actively and
recurrently mentor deputy personnel and enforcement of the
policy prohibiting Deputy Gangs and Deputy Cliques.
For sergeants to succeed in conducting the policy prohibiting Deputy Gangs and
Deputy Cliques they must be supported by the chain of command. The persistence of
these groups is due in part to sergeants perceiving that higher ranking officers will not
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support them. With that perception, much of the incentive for a sergeant to actively
seek to eliminate such groups is removed. Creation and systematic use of a data base
tracking the date, time, setting, duration, topics covered, personnel in attendance, and
identity of mentor will allow assurance that the policy of the Sheriff is reenforced by
those closest to the deputies who might consider participation in a Deputy Gang or
Deputy Clique.
9. The Sheriff should flatten the chain of command by eliminating at
least one layer of supervision between him and the captains
running patrol stations.
As noted earlier in this Report, the Department’s decentralized station- based
structure has played a significant role in fostering Deputy Gangs and Deputy Clique.
Deputies’ loyalties are extended to the station rather than to the institution of the
Department as a whole.
Despite some Sheriffs’ prior efforts to eradicate Deputy Gangs and Deputy
Cliques some patrol station captains where these groups have flourished have found it
easier to do nothing than take them on. The COC interviewed several captains of
stations with widely known, active Deputy Gangs or Deputy Cliques who professed to
know nothing about them despite extensive media coverage of scandals and
widespread awareness of deputies of their presence. Because of the relative ease of
the “do nothing” choice, information has not consistently flowed up to Commanders,
Chiefs, and Assistant Sheriffs. That must change. Shortening the chain of command will
assist the Sheriff in seeing that his policies will be enforced.
Currently, there are six layers of reporting from a Captain of a Patrol Station to
the Sheriff (Captain to a Commander to a Chief to an Assistant Sheriff to the
Undersheriff to the Sheriff). This top-heavy structure has led to a level of autonomy at
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certain patrol stations that has contributed to the continuation of these groups. Some
have equated patrol stations to functioning more like fiefdoms than integral parts of a
command structure where policy is implemented throughout the Department.
This level of autonomy would be ameliorated by a shorter chain of command
which the Sheriff could accomplish in a number of ways. At a minimum, the Assistant
Sheriff for Patrol Operations should be a direct report to the Sheriff.
10. The prohibition against joining or participating in Deputy Gangs or
Cliques should be a condition of employment.
Once the Sheriff adopts Recommendation No. 2, above, non-participation in
Deputy Gangs or Deputy Cliques should be an express condition of employment. Such
a condition will make clear from inception what will not be tolerated by the
Department.
VI. CONCLUSION
Special Counsel respectfully urges the COC to consider the factual findings and
recommendations in this report and to deliver the report to Sheriff Luna for his
consideration.
There can be no doubt that Deputy Gangs and Deputy Cliques have been, and
still are, responsible for undermining discipline, morale, and safety of the public and
Department personnel. Deputy Gangs and Deputy Cliques, as the seed from which
Deputy Gangs grow, must be eliminated. Sheriff Luna has an opportunity to set the
Department on the right path in the best interests of the Department and the
community. Special Counsel recommends that the COC adopt the Report and
Recommendations and deliver it to the Sheriff.
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EXHIBITAEXHIBITA
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362
363
364
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Honorable Janice Hahn
500 W. Temple Street
Room 822
Los Angeles, CA 90012
FourthDistrict@bos.lacounty.gov
Dear Supervisor Hahn: On behalf of the residents and businesses of [city], we greatly appreciate your work to improve public safety services in our community and across the county. We are also strongly in support of our newly elected Sheriff Robert Luna. We have confidence in the Sheriff's initial steps to solve some longstanding issues within the Sheriff's Department. It is because of our support for your efforts, and for Sheriff Luna, that we convey our concern over the recent recommendations by the Sheriff's Civilian Oversight Commission. The recommendations, especially the one that mandates the rotation of deputy sheriff assignments, seem premature given that the Sheriff is just now starting to implement his strategies to reform the department and restore working relationship with the county's stakeholders. Requiring deputies to rotate out of our city seems like a course of action designed to relocate our experienced deputy personnel, rather than solving deputy gang problems more closely associated with the former Sheriff. Of the many challenges faced by our new Sheriff and his capable command staff, we would much rather focus on the issues that would bring more, qualified deputies to serve in our city. We know our Sheriff's patrol station is understaffed, and any effort that would allow hiring more sworn personnel seems like a productive course of action. Thank you for your time and effort on this important issue. Sincerely, XX
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Agenda Item No.: 14.D
Mtg. Date: 06/26/2023
TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM:CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO
CITY MANAGER
THRU:DAVID H. READY
SUBJECT:RECEIVE AND FILE A VERBAL REPORT FROM THE DRAINAGE AD
HOC COMMITTEE (MAYOR PRO TEM LEAH MIRSCH AND
COUNCILMEMBER JEFF PIEPER)
DATE:June 26, 2023
BACKGROUND:
None.
DISCUSSION:
None.
FISCAL IMPACT:
None.
RECOMMENDATION:
Receive and file.
ATTACHMENTS:
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Agenda Item No.: 15.A
Mtg. Date: 06/26/2023
TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM:ELAINE JENG,
THRU:DAVID H. READY
SUBJECT:RECEIVE AND APPROVE THE PROPOSAL FOR A BLOCK CAPTAIN
EDUCATION AND SOCIAL EVENT ON THE CITY HALL CAMPUS ON
SUNDAY, AUGUST 27, 2023; EVENT TO INCLUDE ART WORK FOR
SALE BY RESIDENT DON CROCKER; A PERCENTAGE OF THE SALE
PROCEEDS TO BE GIFTED TO THE CITY TO BENEFIT EMERGENCY
PREPAREDNESS MEASURES IN THE COMMUNITY
DATE:June 26, 2023
BACKGROUND:
On Wednesday, June 14, 2023, the Block Captain Leads (Marian Visco, Debra Shrader,
Marita Geraghty) and resident Don Crocker met at City Hall to discuss a potential social, and
educational community event for Sunday, August 27, 2023 between 4 and 5:30pm at the City
Hall campus.
At this event, the Block Captain Leads want to honor resident Steve Schultz for his willingness
to use his property on Johns Canyon Road, in the event of an emergency, to evacuate
residents out of Rolling Hills. The Block Captain Leads also want to invite the Los Angeles
County Fire Department to provide a report on 2023 defensible space inspections in Rolling
Hills.
Mr. Crocker is a longtime resident and has been a proponent of communitywide emergency
preparedness measures for many years. He is also an artist that has produced many pieces
of artwork, painting landscapes of California. Mr. Crocker proposed to bring his artwork to the
event for sale and donate 25% of sales to the City of Rolling Hills to implement the following
emergency preparedness measures:
Signage within the limits of the city to guide drivers to available exits; and
To improve the extension of Portuguese Bend Road to create a fire road to Rancho
Palos Verdes
These measures have been on Mr. Crocker's mind after having lived through the 1973, and
2009 wildfires in Rolling Hills.
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Staff discussed Mr. Crocker's proposal with the City Attorney and a gift agreement between
the city and the resident could be the vehicle to accept the donation.
DISCUSSION:
The Block Captain Leads supports Mr. Crocker's proposal and at the June 14, 2023 meeting
discussed details, and logistics for the event. The Block Captain Leads expressed that the
measures Mr. Crocker wants to be implemented with his donation are worthwhile measures
that will benefit the entire community.
If approved by the City Council, the Block Captain Leads, Mr. Crocker and staff will hold
another planning meeting for the event in early July 2023 to invite the guest of honor, to
secure the Los Angeles County Fire Department for a report on this year's defensible space
inspections in Rolling Hills, and work with the City Attorney to finalize the gift agreement with
Mr. Crocker. The agreement would be presented to the City Council for approval prior to the
event.
FISCAL IMPACT:
Based on cost of previous events hosted by the Block Captain Program, the Sunday, August
27, 2023 event is anticipated to cost between $900 to $1,200. There is sufficient funds in the
approved budget for Fiscal Year 2023-2024 under account 01-65-917 for the event.
RECOMMENDATION:
Approve as presented.
ATTACHMENTS:
CA_AGR_230626_ DonCrocker_ArtExhibit_MonetaryDonation_Draft.pdf
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65277.00001\41404170.1
AGREEMENT FOR TEMPORARY EXHIBITION OF ART EXHIBIT BETWEEN THE
CITY OF ROLLING HILLS AND DON CROCKER
This Agreement for Temporary Public Exhibition of Art Exhibit (“Agreement”) is entered
into as of June 26, 2023 (“Effective Date”), by and between the City of Rolling Hills (“City”)
and Don Crocker (“Permittee) for display of a public art exhibit (“Art Exhibit”) at Rolling
Hills City Hall located at No. 2 Portuguese Bend Road Rolling Hills, CA 90274 (“Exhibition
Site”) upon the terms and conditions and for the purposes and uses hereinafter set forth.
City and Permittee are referenced individually as “Party” and collectively as “Parties.”
RECITALS
WHEREAS, the City is the owner of City Hall, certain real property located at 2
Portuguese Bend Road, Rolling Hills in the State of California;
WHEREAS, the City recognizes the importance of supporting and promoting local
artists and desires to foster cultural growth within the community;
WHEREAS, Permittee, a recognized local artist, has expressed interest in utilizing
the Exhibition Site more particularly described and depicted in the attached Exhibit A of
this Agreement to showcase their artwork in the form of an art exhibit;
WHEREAS, the City acknowledges the artistic value and potential economic
benefit that the Art Exhibit can bring to the local community;
WHEREAS, the City has approved a temporary exhibition of Permittee’s Art Exhibit
to be located at Exhibition Site;
WHEREAS, in furtherance of the City's commitment to the arts, the City and the
Permittee wish to enter into this Agreement to govern the terms and conditions for the
Permittee's use of the Exhibition Site for the Art Exhibit;
WHEREAS, Permittee desires and agrees to donate twenty-five percent (25%) of
all gross income generated from the Art Exhibit to the City as a gesture of appreciation
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for the City's support and to contribute to the City's ongoing fire preparedness and disaster
prevention efforts;
WHEREAS, the City desires to accept this donation on the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and conditions
herein contained, the Parties agree as follows:
1. Recitals. The Parties hereby incorporate by reference the Recitals above as if fully
set forth herein.
2. License. Subject to the terms and conditions of this Agreement and City’s sole
discretion, the City hereby grants to Permittee a one-time, revocable, non-exclusive
license for the benefit of Permittee to enter and use the Exhibition Site from August
__, 2023 through August __, 2023 (“Exhibition Period”) for the purpose of installing,
displaying, and removing the Art Exhibit. City and its agents shall have access to the
Exhibition Site at all times. Licensee agrees to inform the City in advance and obtain
their prior written approval regarding the time period for which they intend to use the
Exhibition Site during the Exhibition Period. The request should provide sufficient
details regarding the purpose of usage and any specific requirements associated with
the Exhibition Site. The City reserves the right to grant or deny approval at its sole
discretion. Permittee is not authorized to use any City property or public right-of-way
located outside of the Exhibition Site.
A. Invitees. All of Permittee’s invitees shall be subject to the same terms and
conditions pertaining to the use of the Exhibition Site as the general public.
3. Limitations. All rights expressly granted to Permittee under this Agreement, which
will be exercised at Permittee’s sole cost and expense, are subject to the prior and
continuing right of the City under applicable laws to use all parts of the Exhibition Site
and City Hall exclusively or concurrently with any other person or entity. Use of the
Exhibition Site is further subject to all deeds, easements, dedications, conditions,
covenants, restrictions, encumbrances, and claims of title of record that may affect
the Exhibition Site. Nothing in this Agreement may be deemed to grant, convey,
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create, or vest in Permittee a real property interest in personal or real property owned
by City, including any fee, leasehold interest, or easement.
4. Permittee’s Responsibilities.
A. Transportation, Installation, and Maintenance. Transportation of the Art
Exhibit to and from the Exhibition Site, installation, and maintenance shall be
the sole responsibility of Permittee.
B. Repairs. Permittee shall maintain, or cause to be maintained, the Art Exhibit
in first class condition and shall repair and/or replace, or cause to be repaired
and/or replaced, any damage to the Art Exhibit immediately upon notice of
such damage being discovered. All such maintenance, repair, replacement,
and restoration shall be at the sole cost of Permittee, without any expectation
of contribution or reimbursement by City.
C. Maintenance. During the entire term of this Agreement, Permittee shall
maintain the Exhibition Site in a safe and clean condition. In the event
Permittee fails to maintain the Exhibition Site in a safe and clean condition,
Permittee agrees and understands that City may, at its option, repair said
Exhibition Site.
D. Removal of Art Exhibit. If the Art Exhibit sells during the Exhibition Period,
Permittee shall remain responsible for removal of Art Exhibit by the end of the
Exhibition Period. If Permittee fails to remove the Art Exhibit from the
Exhibition Site within fourteen (14) days of the termination of the Exhibition
Period, the City will remove and dispose of Art Exhibit as necessary and
Permittee will pay the reasonable cost for this removal.
E. Permits. Permittee shall be required to obtain any necessary permits and
approvals from the City in connection to the Art Exhibit and to pay all fees and
charges associated therewith prior to the Exhibition Period’s commencement.
F. Alterations. Permittee agrees that it shall not make, erect, or install any
machines, signs, or other improvements at or near the Exhibition Site without
the consent of the City. No changes or improvements may be made to the
Exhibition Site without the prior written consent of the City prior to alteration.
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5. Prohibited Uses. Permittee shall not do or permit anything to be done in or about the
Exhibition Site, or bring to or keep anything therein, which will in any way constitute
a nuisance, affect fire or other insurance on the Exhibition Site, or which shall in any
way conflict with any law, ordinance, rule, or regulation affecting the occupancy, use
or safety of the Exhibition Site which is or may hereafter be enacted or promulgated
by any public authority. Permittee shall not store any hazardous materials at or near
the Exhibition Site.
A. Exclusive Use. The Exhibition Site shall be used only and exclusively for the
purpose of installing, operating, displaying, and removing the Art Exhibit and
for no other purpose whatsoever without the prior written consent of the City.
6. Termination. This Agreement may be terminated by City (i) upon a failure by
Permittee to comply with the terms and conditions of this Agreement and, (ii) upon 1-
day notice to Permittee, for any reason whatsoever. No additional instrument,
consent or action by any Party shall be required to terminate this Agreement.
7. Assumption of Risk Regarding Condition of Exhibition Site. Permittee
acknowledges that the Exhibition Site is in an AS-IS condition and neither City nor
any agent or designee of City has made any representation or warranty with
respect to the Exhibition Site or the condition of the Exhibition Site or any
improvements located at or near the Exhibition Site. Entering onto the Exhibition
Site by a Permittee’s invitee (i) shall be at the invitee's sole risk and the invitee
acknowledges that the invitee has assumed the risk of entry upon the Exhibition
Site for the invitee's person and property, and (ii) shall conclusively establish that
the Exhibition Site was in satisfactory condition for its intended purpose.
8. Inspection. The proposed construction of any improvements at or near the Exhibition
Site shall be subject to monitoring, inspection, and approval by the City.
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9. Donation. Permittee agrees to donate to the City twenty-five percent (25%) of all
gross income earned from any sales made in connection with the Art Exhibit. This
donation will be deemed a gift to the City. Within fourteen (14) following conclusion
of the Exhibition Period, Permittee shall render to the City a detailed report of gross
income for any sale made in connection with the Art Exhibit signed by Permittee or
its authorized representative under penalty of perjury. Gross income shall include
all income originating from the sales at the Art Exhibit whether via cash, credit or
other payment method. In the event any attendees at the Art Exhibit contribute any
amount in excess of the listed sales prices, Permitee shall render 100% of that
amount to the City. Acceptance of the donation implies no reciprocal agreement of
obligation to Permittee by the City. This obligation shall be binding on Permittee and
its respective successors in interest.
10. Use of Donated Funds. The City agrees to use the donated funds to design,
acquire and install signage directing those in the City of the evacuation routes ot be
used in the case of emergency and to investigate (and construct/install) the
possibility of extending Portuguese Bend Road in the City to connect to [INSERT
ROAD]. Permittee recognizes that the extension of Portuguese Bend Road is
contingent on numerous other factors outside of the City’s control, including that the
City does not own the land necessary for this extension. Further, Permittee agrees
and acknowledges that, after reasonable efforts by the City to explore the extension
of Portuguese Bend Road, the extension is not feasible, the City may use any
remaining donated funds for other efforts related to fire preparedness and disaster
prevention/planning.
11. Records. Permittee shall maintain complete and accurate records with respect to
all sales made in connection with the Art Exhibit. City shall have the right at any
and all reasonable times to examine and audit said books, records, financial
statements, and documentation, without restriction, for the purpose of determining
the accuracy thereof and the accuracy of the report of gross income submitted.
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12. Reproduction Rights. Permittee hereby grants a royalty free license in perpetuity to
City, its employees and its agents, to photograph, film, videotape, or otherwise
depict the Art Exhibit at any time during the Exhibition Period and to use such
photographs, film, videotapes, or depictions at any time thereafter for non-
commercial purposes. Such reproduction and images which feature the Art Exhibit
as art for publicity, promotion, and educational purposes shall, to the extent
reasonably possible and appropriate, give reference to Permittee. Reproduction
and images of Art Exhibit in which the purpose of the reproduction or image is
predominantly unrelated to the Art Exhibit shall not require reference to Permittee.
Permittee and his agents, heirs, successors, and assigns hereby waive any and all
rights they may have against the City, and its employees, and its agents, under the
California Art Preservation Act, as set forth in California Civil Code Section 987, and
any similar laws, such as the Federal Visual Rights Act, if applicable. Permittee, his
agents, heirs, successors and assigns also agree to attempt to defeat this waiver by
cooperating with any other person or organization which seeks to bring an action
under California Civil Code Section 989 or any similar law, if applicable.
13. Noise and Nuisances. Any excessive noise, disturbances, or other nuisances
caused during the Art Exhibit that disrupt the peace, well-being, or enjoyment of
neighboring properties or individuals shall be grounds for immediately terminating
the event. The City reserves the right to take appropriate action to enforce
compliance with this provision and seek any remedies available under the law if
necessary.
14. Insurance. Prior to the Exhibition Period, Permittee shall provide evidence
satisfactory to City that it has secured all insurance required under this Section.
Permittee shall not commence utilizing the Exhibition Site until it obtains policies of
insurance required under this section.
A. Insurance Required. The insurance shall cover Permittee, its agents,
representatives and employees in connection with the performance of work
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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. General Liability Insurance insuring City of Rolling Hills, its elected and
appointed officers, agents, and employees from claims for damages
for personal injury, including death, as well as from claims for property
damage which may arise from Permittee’s actions under this
Agreement, whether or not done by Permittee or anyone directly or
indirectly employed by Permittee. Such insurance shall have a
combined single limit of not less than $1,000,000.
iii. Worker’s Compensation Insurance, for all Permittee’s employees to
the extent required by the State of California.
B. Deductibility Limits for policies referred to in subparagraphs A(i) and (ii) shall
not exceed $5,000 per occurrence.
C. Additional Insured. City, its elected and appointed officers, agents, 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. Permittee 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 Permittee to procure or
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maintain said insurance in full force and effect shall constitute a material
breach of this Agreement .
15. Indemnification. Permittee shall indemnify, defend with counsel approved by City,
and hold harmless City, its officers, officials, employees and volunteers from and
against all liability, loss, damage, expense, cost (including without limitation
reasonable attorneys’ fees, expert fees and all other costs and fees of litigation) of
every nature arising out of or in connection with Permittee’s use of the Exhibition
Site hereunder or its failure to comply with any of its obligations contained in this
Agreement, regardless of City’s passive negligence, but excepting such loss or
damage which is caused by the sole active negligence or willful misconduct of the
City. Should City in its sole discretion find Permittee’s legal counsel unacceptable,
then Permittee shall reimburse the City its costs of defense, including without
limitation reasonable attorneys’ fees, expert fees and all other costs and fees of
litigation. Permittee shall promptly pay any final judgment rendered against the City
(and its officers, officials, employees and volunteers) covered by this indemnity
obligation. 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 and will survive termination of this Agreement.
16. Permittee’s Employees. Neither the City nor any of its agents shall have control
over the conduct of the Permittee or any of Permittee’s employees, except as
herein set forth. Permittee 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.
17. Compliance. Permittee agrees to comply with all Federal, State and local laws,
regulations, ordinances, and rules. Permittee agrees that it will be solely
responsible for any and all lawful taxes, fees and assessments relating to its use of
the Exhibition Site and this Agreement.
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18. 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 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
PERMITTEE: Don Crocker
14 Cinchring Road
Rolling Hills, CA, 90724
19. Miscellaneous.
A. Entire Agreement. This Agreement represents the entire Agreement between
City and Permittee and no other representations, whether oral, written or
implied, have been made nor may be relied upon by either City or Permittee.
B. Construction of Agreement. In determining the meaning of, or resolving any
ambiguity with respect to, any word, phrase or provision of this Agreement,
neither this Agreement nor any uncertainty or ambiguity herein will be
construed or resolved against either Party (including the party primarily
responsible for drafting and preparation of this Agreement), under any rule of
construction or otherwise, it being expressly understood and agreed that the
Parties have participated equally or have had equal opportunity to participate
in the drafting hereof.
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C. Modification. No change or modification of the terms or provisions of this
Agreement shall be deemed valid unless in writing and signed by both
parties.
D. Governing Law. This Agreement is entered into in and shall be construed,
interpreted, and applied in accordance with the laws of the State of
California. Any litigation or arbitration regarding this Agreement shall be
brought in Los Angeles County or conducted in Los Angeles County.
E. Further Assurances. Each of the parties hereto shall execute and deliver any
and all additional papers, documents and other assurances, and shall do any
and all acts and things reasonably necessary in connection with the
performance of their obligations hereunder and to carry out the intent and
agreements of the parties hereto.
F. Attorneys’ Fees. In the event of any action or proceeding to enforce or
construe any of the provisions of this Parking License, the prevailing party in
any such action or proceeding shall be entitled to attorneys’ fees and costs.
G. Captions. The captions used herein are inserted only as a matter of
convenience and for reference and in no way define, limit or describe the
scope or the intent of any section hereof.
H. Assignments. Permittee shall not voluntarily or by operation of law assign or
transfer, all or any part of Permittee interest in this Agreement, without City’s
prior written consent, which consent may be withheld by City in City’s sole
and absolute discretion. Any attempted action described above without the
prior written consent of City shall be void.
I. Third Party Beneficiaries. There are no intended third party beneficiaries of
any right or obligation assumed by the Parties.
J. Authority. Permittee has all requisite power and authority to conduct its
business and to execute, deliver, and perform the Agreement.
K. Counterparts. This Agreement may be executed in counterparts and when
so executed by the Parties, shall become binding upon them and each such
counterpart will be an original document.
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L. Severability. If one or more of the provisions of this Agreement is hereafter
declared invalid or unenforceable by judicial, legislative or administrative
authority of competent jurisdiction, then the Parties agree that the invalidity
or unenforceability of any of the provisions shall not in any way affect the
validity or enforceability of any other provisions of this Agreement.
M. Waiver. No provision, requirement, default or breach of this Agreement shall
be deemed waived by either Party except in writing.
N. Facsimile or Electronic Signatures. Signatures delivered by facsimile or
electronically shall be binding as originals upon the Party so signing and
delivering; provided, however, that original signature(s) of each party shall be
required for each document to be recorded.
O. Warranty of Authorized Signatories. Each of the signatories hereto warrants
and represents that he or she is competent and authorized to enter into this
Agreement on behalf of the party for whom he or she purports to sign.
[Signatures on Following Pages]
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CITY:
CITY OF ROLLING HILLS,
a chartered municipal corporation
By:
___________________________________
Title:__________________________________
Date:
__________________________________
PERMITTEE:
[Name]
By:
___________________________________
Date:
__________________________________
APPROVED AS TO FORM:
By:
___________________________________
Patrick Donegan
City Attorney for the City of Rolling Hills
381
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EXHIBIT A
Description of Exhibition Site
382
Agenda Item No.: 15.B
Mtg. Date: 06/26/2023
TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM:ELAINE JENG,
THRU:DAVID H. READY
SUBJECT:CONSIDER A PROPOSAL FROM PALOS VERDES PENINSULA
TRANSIT AUTHORITY TO PROVIDE TRANSIT SERVICES FOR
ROLLING HILLS RESIDENTS; AND PROVIDE DIRECTION TO STAFF
DATE:June 26, 2023
BACKGROUND:
Palos Verdes Peninsula Transit Authority (PVPTA) provides mass transit services for the
Peninsula serving key locations such as civic centers, schools, libraries, and shopping
centers.
The current Chairman of the Board of PVPTP is Rancho Palos Verdes Councilmember David
Bradley. PVPTP Administrator is Martin Gombert. Mr. Gombert reached out to staff, on behalf
of Chair Bradley to discuss the city's interest in joining PVPTA.
One service offered by the PVPTA is the dial-a-ride (DAR). The DAR service goes anywhere
on the Palos Verdes Peninsula that has a Palos Verdes address. The DAR service goes off
the Palos Verdes Peninsula for medical purposes only. The service goes to all hospitals,
medical buildings, and doctor's office in the following areas: Torrance, Harbor City, San
Pedro, and Redondo Beach (primarily South Bay Medical Center on Prospect).
Included with this report is the PVPTA information sheet on the DAR service.
DISCUSSION:
To join PVPTA, Mr. Gombert provided an estimate of the participation cost as follows:
Funding per person $20.56
Rolling Hills Population 1,684
Rolling Hills Contribution $34,616
The "funding per person" was derived from the contribution from three other Peninsula cities
divided by the combined population from the three cities.
383
FISCAL IMPACT:
Proposition A was approved by Los Angeles County voters in November 1980. it is a half-
cent sales tax dedicated to transportation funding and was the first of its kind to address
transportation challenges in Los Angeles County.
The Proposition A expenditure plan includes three categories: 25% to Local Return Programs,
35% to rail development and 40% to discretionary.
The City of Rolling Hills Proposition A Local Returns is approximately $45,000 per fiscal year.
If the City Council desires to participate in PVPTA to provide DAR service to the residents of
Rolling Hills, PVPTA would accept the transfer of Proposition A Local Returns in lieu of cash.
In January 2023, the City Council approved an exchange involving a transfer of $58,400 of
Proposition A Local Returns to the City of Beverly Hills in exchange for $43,800 of General
Fund to the City of Rolling Hills. The exchange is in progress and should be finalized via wire
transfer before June 30, 2023.
Historically, the city has exchanged Proposition A Local Returns with interested agencies,
including PVPTA for General Fund ($1 of Proposition A Local Returns to $0.75 General
Fund).
Based on Mr. Gombert's estimate for cost to participate, there is sufficient Proposition A
revenue to join PVPTA commencing July 1, 2023.
RECOMMENDATION:
Consider proposal and provide direction to staff.
ATTACHMENTS:
route_map_2021.jpg
dial_a_ride_information_registration-2015.pdf
384
385
PALOS VERDES
ESTATES
ROLLING HILLS ESTATES
RANCHO
PALOS VERDES
ROLLING
HILLS
SAN PEDRO
LOMITA
REDONDO
BEACH
TORRANCE
LEGEND
$6 (one-way) Anywhere ON the Peninsula
$12 (round-trip)
$12 (one-way) to Off-Peninsula Medical Facilities
$24 (round-trip)
ON
OFF
For service 24 hours per day
7 days per week
Call Toll Free
(800) 400-2924
Torrance
Memorial
Medical
Center
Kaiser Permanente
Med. Ctr.
Providence
Little Company
of Mary
Hospital
Little Company of
Mary Hospital
South
Bay
Hospital
Western Ave.25th Street
25th Street I-110( Harbor Freeway)Pacif
i
c
C
o
a
s
t
H
i
g
h
w
a
y
190th Street
Lomita Blvd
Torrance Blvd
Serving
Seniors and Residents with disabilities in Palos Verdes
Estates, Rancho Palos Verdes, Rolling Hills Estates and
unincorporated Peninsula areas of Los Angeles County.
386
areas only: Torrance, Harbor City, San Pedro,
Lomita and Redondo Beach (primarily South
Bay Medical Center on Prospect Avenue).
Dial-A-Ride/Dial-A-Lift service operates 24
hours a day, seven days a week.
After you have received your membership
confirmation and membership materials, you can
now call for service. The Taxi Company phone
number is located on the back of your TaxiCard
and is: 1-800-400-2924. Identify yourself as a
Palos Verdes Dial-A-Ride or Dial-A-Lift member
and request service. You may also request a
return ride at the same time, or simply call the
800 number again when you are ready to return.
Passengers may have to wait 15-20 minutes for a
ride. Caretakers and/or escorts ride for free!
REMINDER: One cannot travel between more
than one point off the Palos Verdes Peninsula
without returning to the original pick-up point in
Palos Verdes, most commonly the members home
address. If you do request an additional ride to
the driver, it will be the members responsibility
to personally pay for this portion of your trip. The
driver cannot accept your TaxiCard for this extra
added on service.
PLEASE REMEMBER: Your rides are prepaid! Never
pay the Taxi driver cash for your ride except for tip.
The Taxi driver only needs to swipe your TaxiCard
once regardless of poor transmission on a given
day, or due to the Palos Verdes terrain. The Taxi
transmission will go into the Taxi memory to be
retrieved after leaving the area!
The registration fee is $10
• When registering, and at the same time, you
purchase rides for $6.00 each, payable by
check, or Visa/Master Card in the PVPTA
office only. A four (4) ride minimum applies
to all new members.
• You will be issued a TaxiCard and your
purchased trips will be electronically applied
to this card. Your rides never expire!
• A maximum of tweny-four rides can be
purchased during a one month period. If you
should need additional rides for medical reasons
only, contact us – we will work with you!
Trips ON the Palos Verdes Peninsula:
• One ride fare is required for a one-way trip
within the Palos Verdes Peninsula.
• Two ride fares are required for a round trip
within the Palos Verdes Peninsula.
Trips OFF the Palos Verdes Peninsula are
for medical purposes only into surrounding
communities and back again (see Service Area
below) and the ride fares are double as follows:
• Two ride fares are required for a one-way trip
and four ride fares are required for a round trip.
Dial-A-Ride and Dial-A-Lift services are
provided ON the Palos Verdes Peninsula for any
trip purpose.
Dial-A-Ride and Dial-A-Lift service goes OFF
the Palos Verdes Peninsula for medical purposes
only. The service goes to all hospitals, medical
buildings, and doctor’s offices in the following
This transportation service is a convenient way
to travel around the Palos Verdes Peninsula
area. Taxi cabs and ramp vans for the disabled
are used to transport passengers on the Palos
Verdes Peninsula and surrounding areas.
(Refer to the Service Area)
The Palos Verdes Peninsula Transit Authority
(PVPTA) is an agency consisting of the cities
of Rancho Palos Verdes, Palos Verdes Estates,
and Rolling Hills Estates. These member cities
and Los Angeles County fund the Dial- A-Ride
/Dial-A-Lift services.
Palos Verdes Peninsula residents who are
seniors (62+) or disabled, are eligible to become
members of this program and use the service. If
you are under 62 years of age, you must complete
a Physician’s Verification Form provided by the
PVPTA office.
Before you can ride, you must register for
membership and purchase rides by mail, or at
the PV Transit office located at:
38 Crest Rd. West, Rolling Hills, CA 90274.
Membership takes approximately 5-10 days.
ow do I register for the program?
What Is the PV Transit
Dial- A-Ride/ Dial- A-Lift Program?
ho is eligble for this program?
ow much does it cost?
ervice area
ours of service
ow to use the service
ow is the service financed?H
W
H
H
S
H
H
387
Wheelchair bound
Wheelchair folds
to ride in car
Cane / Crutches
Walker
Ambulatory
NOTE:
To avoid your registration form being returned back to you,
please enclose your personal check for payment along with
your COMPLETED form
PV TRANSIT
P.O. Box 2656
Palos Verdes Peninsula, CA 90274-7109
Tel: (310) 544-7108 Fax (310) 544-7109
_________________________________________ ______
Last Name First Name M.I.
_____________________________________ __________
Street Address City Zip
Telephone No. ( ) ________________________________
Cell Phone No. ( ) ________________________________
Age_______ Birthdate__________/___________/___________
PERSON TO CALL IN CASE OF EMERGENCY:
Name_________________________________________________
Relationship ___________________________________________
Telephone No. ( ) _______________________________
For PVPYA USE ONLY:
DAR/DAL REG:# ________________________________
TaxiCard # __________________________________
PLEASE CHECK ALL THE APPLICABLE BOXES BELOW:
SPECIAL INSTRUCTIONS
_________________________________________________
_________________________________________________
_________________________________________________
Hearing Impaired
Visually Impaired
Alzheimer’s Disease
Travels with Caretaker
Disabled
Age under 62 years
388
receive your new Taxi Swipe Cardwithin 5-10 business days.You always know how many trips389
390
Agenda Item No.: 16.A
Mtg. Date: 06/26/2023
TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM:CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO
CITY MANAGER
THRU:DAVID H. READY
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 26, 2023
BACKGROUND:
None
DISCUSSION:
None
FISCAL IMPACT:
None
RECOMMENDATION:
None.
ATTACHMENTS:
391