CL_AGN_230710_CC_AgendaPacket_F1.CALL TO ORDER
2.ROLL CALL
3.PLEDGE OF ALLEGIANCE
4.PRESENTATIONS/PROCLAMATIONS/ANNOUNCEMENTS
5.APPROVE ORDER OF THE AGENDA
This is the appropriate time for the Mayor or Councilmembers to approve the agenda as is or reorder.
6.BLUE FOLDER ITEMS (SUPPLEMENTAL)
Blue folder (supplemental) items are additional back up materials to administrative reports, changes to the posted
agenda packet, and/or public comments received after the printing and distribution of the agenda packet for receive and
file.
7.PUBLIC COMMENT ON NON-AGENDA ITEMS
This is the appropriate time for members of the public to make comments regarding items not listed on this agenda.
Pursuant to the Brown Act, no action will take place on any items not on the agenda.
8.CONSENT CALENDAR
Business items, except those formally noticed for public hearing, or those pulled for discussion are assigned to the
Consent Calendar. The Mayor or any Councilmember may request that any Consent Calendar item(s) be removed,
discussed, and acted upon separately. Items removed from the Consent Calendar will be taken up under the "Excluded
Consent Calendar" section below. Those items remaining on the Consent Calendar will be approved in one motion. The
Mayor will call on anyone wishing to address the City Council on any Consent Calendar item on the agenda, which has
not been pulled by Councilmembers for discussion.
8.A.APPROVE AFFIDAVIT OF POSTING FOR THE CITY COUNCIL REGULAR
MEETING OF JULY 10, 2023
2 PORTUGUESE BEND ROAD
ROLLING HILLS, CA 90274
(310) 377-1521
AGENDA
Regular City Council Meeting
CITY COUNCIL
Monday, July 10, 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. 1346 Next Ordinance No. 383
1
RECOMMENDATION: Approve.
8.B.APPROVE MOTION TO READ BY TITLE ONLY AND WAIVE FURTHER
READING OF ALL ORDINANCES AND RESOLUTIONS LISTED ON THE
AGENDA
RECOMMENDATION: Approve.
8.C.APPROVE THE FOLLOWING CITY COUNCIL MINUTES: JUNE 26, 2023
RECOMMENDATION: Approve as presented.
8.D.PAYMENT OF BILLS
RECOMMENDATION: Approve as presented.
8.E.RECEIVE AND FILE A REPORT ON THE NEXT CITY SPONSORED
COMMUNAL BINS EVENT FROM AUGUST 4, 2023 TO AUGUST 12, 2023 TO
ASSIST RESIDENTS WITH FIRE FUEL REDUCTION IN THE COMMUNITY
RECOMMENDATION: Receive and file.
8.F.DESIGNATE VOTING DELEGATE AND ALTERNATE VOTING DELEGATE TO
THE LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE FROM
SEPTEMBER 20-22 TO BE HELD IN SACRAMENTO, CA
RECOMMENDATION: Staff recommends that the City Council approve the
same voting delegate and alternate voting delegate as the year prior.
8.G.ADOPT BY RESOLUTION NO. 1343 AUTHORIZING A BUDGET MODIFICATION
OF $21,100 AND APPROVE A FOURTH AMENDMENT TO THE PROFESSIONAL
SERVICES AGREEMENT WITH ALAN PALERMO CONSULTING FOR PROJECT
MANAGEMENT SERVICES DURING FISCAL YEAR 2023-2024
RECOMMENDATION: Approve as presented.
8.H.ADOPT BY RESOLUTION NO. 1344 AUTHORIZING A BUDGET MODIFICATION
OF $307,000 FOR THE TENNIS COURTS ADA IMPROVEMENT PROJECT AND
APPROVE A PROFESSIONAL SERVICES AGREEMENT WITH RICHIE-BRAY,
INC. FOR UPDATED LANDSCAPE, LIGHTING AND IRRIGATION PLANS
RECOMMENDATION: Approve as presented.
8.I.APPROVE A SECOND AMENDMENT TO THE LEASE AGREEMENT WITH THE
ROLLING HILLS COMMUNITY ASSOCIATION MAINTAINING THE CURRENT
LEASE AMOUNT OF $5,749.25 PER MONTH
RECOMMENDATION: Approve as presented.
CL_AGN_230710_CC_AffidavitofPosting.pdf
CL_MIN_230626_CC_F.pdf
CL_AGN_230710_CC_PaymentOfBills_E.pdf
CL_AGN_230710_CC_CommunalBinEvent_Rotation2.pdf
GV_GVO_230621_LCC_VotingDelegate_Packet.pdf
ResolutionNo1343_Alan Palermo_BudgetAmendment.pdf
CA_AGR_230710_Alan Palermo_Amendment04.pdf
ResolutionNo1344_TennisCourtADA_ LLI_BudgetAmendment.pdf
CA_AGR_230710_Richie-BrayInc_TennisCourtADA_Landscape.pdf
CA_AGR_230710_RHCA_LeaseAmendment02.pdf
RHCA 2018-2028_SignedAgreement.pdf
2
8.J.PREPARE A GRANT APPLICATION FOR THE FEDERAL EMERGENCY
MANAGEMENT AGENCY (FEMA) HAZARD MITIGATION GRANT PROGRAM
FOR ADDITIONAL FIRE FUEL ABATEMENT IN ROLLING HILLS; APPROVE
FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH MNS
ENGINEERS, INC. TO PREAPRE THE GRANT APPLICATION FOR A NOT-TO-
EXCEED AMOUNT OF $30,470; AND ADOPT BY RESOLUTION NO. 1345
AUTHORIZING A BUDGET MODIFICATION OF $30,470.
RECOMMENDATION: Approve as presented.
9.EXCLUDED CONSENT CALENDAR ITEMS
10.COMMISSION ITEMS
11.PUBLIC HEARINGS
11.A.A PUBLIC HEARING TO CONSIDER AND APPROVE A RESOLUTION
AUTHORIZING PLACEMENT OF SOLID WASTE SERVICE CHARGES OWED
TO REPUBLIC SERVICES PURSUANT TO ITS SOLID WASTE FRANCHISE
WITH THE CITY OF ROLLING HILLS ON THE FY 2023-2024 LOS ANGELES
COUNTY AUDITOR-CONTROLLER'S OFFICE ANNUAL TAX ROLL
RECOMMENDATION: Staff recommends that the City Council hold a public
hearing and subsequently adopt Resolution No. 1341 placing the sanitation
service charge on the annual County of Los Angeles Tax Roll.
12.OLD BUSINESS
12.A.CONSIDER AND APPROVE A RENEWAL TO AN AGREEMENT WITH RACE
TELECOMMUNICATION INC. TO PROVIDE BROADBAND SERVICES
THROUGH THE SOUTHBAY COUNCIL OF GOVERNMENTS (SBCCOG) FIBER
NETWORK PROJECT
REC OMMEN D AT ION: Staff recommends that the City Council approve an
agreement with Race Telecommunication Inc. to provide broadband services
for a minimum period of three years.
13.NEW BUSINESS
13.A.APPOINT DAVID READY AS INTERIM CITY MANAGER AND APPROVE
AGREEMENT FOR INTERIM CITY MANAGER SERVICES
CA_AGR_200717_FirstAmendment_RoadStriping_E.pdf
GR_OES_230510_PA-00002235_CalOES_HMGP_NOI_Submission.pdf
CA_AGR_230406_MNS-Engineers_GrantWriting_E.pdf
CA_AGR_230710_MNS-Engineers_HMGP_SubApp_Amendment01.pdf
ResolutionNo1345_MNS-Engineers_BudgetAmendment.pdf
CL_AGN_220711_CC_RH_ParcelMap_20200724_withRoads.pdf
ResolutionNo1341_FY 23-24_AnnualRefuseAssessment.pdf
CL_AGN_230710_TaxRoll_FY23-24.pdf
CL_AGN_230710_CC_SanitationReport.pdf
CL_PBN_230710_PH_CC_FY23-24_RefuseDirectAssessmentBilling_Affidavit.pdf
CA_AGR_Race_SBCCOG_RH_Renewal.pdf
CA_AGR_200608_CCStaffReport.pdf
3
RECOMMENDATION:
1. Adopt Resolution No. 1342 appointing David Ready as City Manager on
an interim basis and;
2. Approve an Employment Agreement with David Ready as Interim City
Manager effective July 8, 2023. (Attachments 1 & 2)
14.MATTERS FROM THE CITY COUNCIL
15.MATTERS FROM 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 24, 2023 at 7:00 p.m. in the City Council Chamber,
Rolling Hills City Hall, 2 Portuguese Bend Road, Rolling Hills, California, 90274.
ResolutionNo1342_AppointmentOfInterimCM_DavidReady.pdf
CA_AGR_230710_InterimCM_DavidReady.pdf
CA_AGR_230710_InterimCM_DavidReady_Resume.pdf
Notice:
Public Comment is welcome on any item prior to City Council action on the item.
Documents pertaining to an agenda item received after the posting of the agenda are available for review in
the City Clerk's office or at the meeting at which the item will be considered.
In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in
this meeting due to your disability, please contact the City Clerk at (310) 377-1521 at least 48 hours prior to the
meeting to enable the City to make reasonable arrangements to ensure accessibility and accommodation for
your review of this agenda and attendance at this meeting.
4
Agenda Item No.: 8.A
Mtg. Date: 07/10/2023
TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM:CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO
CITY MANAGER
THRU:ELAINE JENG P.E., CITY MANAGER
SUBJECT:APPROVE AFFIDAVIT OF POSTING FOR THE CITY COUNCIL
REGULAR MEETING OF JULY 10, 2023
DATE:July 10, 2023
BACKGROUND:
None.
DISCUSSION:
None.
FISCAL IMPACT:
None.
RECOMMENDATION:
Approve.
ATTACHMENTS:
CL_AGN_230710_CC_AffidavitofPosting.pdf
5
Administrative Report
8.A., File # 1894 Meeting Date: 07/10 /202 3
To: MAYOR & CITY COUNCIL
From: Christian Horvath, City Clerk
TITLE
APPROVE AFFIDAVIT OF POSTING FOR THE CITY COUNCIL REGULAR MEETING OF JULY 10, 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 JULY 10, 2023 7:00pm Open Session
As City Clerk of the City of Rolling Hills, I declare under penalty of perjury, the document noted above was
posted at the date displayed below.
Christian Horvath, City Clerk
Date: July 7 , 2023
6
Agenda Item No.: 8.B
Mtg. Date: 07/10/2023
TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM:CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO
CITY MANAGER
THRU:ELAINE JENG P.E., CITY MANAGER
SUBJECT:APPROVE MOTION TO READ BY TITLE ONLY AND WAIVE FURTHER
READING OF ALL ORDINANCES AND RESOLUTIONS LISTED ON THE
AGENDA
DATE:July 10, 2023
BACKGROUND:
None.
DISCUSSION:
None.
FISCAL IMPACT:
None.
RECOMMENDATION:
Approve.
ATTACHMENTS:
7
Agenda Item No.: 8.C
Mtg. Date: 07/10/2023
TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM:CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO
CITY MANAGER
THRU:ELAINE JENG P.E., CITY MANAGER
SUBJECT:APPROVE THE FOLLOWING CITY COUNCIL MINUTES: JUNE 26 , 2023
DATE:July 10, 2023
BACKGROUND:
None.
DISCUSSION:
None.
FISCAL IMPACT:
None.
RECOMMENDATION:
Approve as presented.
ATTACHMENTS:
CL_MIN_230626_CC_F.pdf
8
MINUTES – CITY COUNCIL MEETING
Monday, June 26, 2023
Page 1
Minutes
Rolling Hills City Council
Monday, June 26, 202 3
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: Dieringer, Pieper, Mayor Pro Tem Mirsch, Mayor Wilson
Councilmembers Absent: Black
Staff Present: Elaine Jeng, City Manager
Christian Horvath, City Clerk / Executive Assistant to the City Manager
John Signo, Planning & Community Services Director
Pat Donegan, City Attorney
3. PLEDGE OF ALLEGIANCE – Councilmember Pieper
Councilmember Black arrived at 7:02 p.m.
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
Mayor Wilson presented City Manage Jeng with a plaque and certificate in honor of her service to the
community. Mayor Pro Tem Mirsch and Councilmember Dieringer offered their thanks.
City Manager Jeng made remarks and thanked the City Council for the opportunity to serve.
5. APPROVE ORDER OF THE AGENDA
Motion by Councilmember Pieper, seconded by Councilmember Black to approve the order of the agenda
as follows, Items 1-11A, 14A, 12B 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)
Motion by Mayor Pro Tem Mirsch, seconded by Councilmember Pieper to receive and file Blue Folder Items
for 14A. Motion carried unanimously with the following vote:
AYES: Black, Dieringer, Pieper, Mirsch, Mayor Wilson
NOES: None
ABSENT: None
9
MINUTES – CITY COUNCIL MEETING
Monday, June 26, 2023
Page 2
7. PUBLI C COMMENT ON NON-AGENDA ITEMS
Public Comment: Jim Aichele
8. CONSENT CALENDAR
8.A. APPROVE AFFIDAVIT OF POSTING FOR THE CITY COUNCIL REGULAR MEETING OF JUNE
26, 2023
8.B. APPROVE MOTION TO READ BY TITLE ONLY AND WAIVE FURTHER READING OF ALL
ORDINANCES AND RESOLUTIONS LISTED ON THE AGENDA
8.C. APPROVE THE FOLLOWING CITY COUNCIL MINUTES: JUNE 12, 2023
8.D. PAYMENT OF BILLS
8.E. PULLED BY MAYOR WILSON
8.F. PULLED BY COUNCILMEMBER DIERINGER
8.G. PULLED BY COUNCILMEMBER BLACK
8.H. PULLED BY COUNCILMEMBER DIERINGER
8.I. PULLED BY COUNCILMEMBER BLACK
8.J. PULLED BY COUNCILMEMBER DIERINGER
8.K. PULLED BY COUNCILMEMBER DIERINGER
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
Motion by Councilmember Pieper, seconded by Mayor Pro Tem Mirsch to approve Consent Calendar Items
A through D and L. Motion carried unanimously with the following vote:
AYES: Black, Dieringer, Pieper, Mirsch, Mayor Wilson
NOES: None
ABSENT: None
9. EXCLUDED CONSENT CALENDAR ITEMS
8.E. REPUBLIC SERVICES RECYCLING TONNAGE REPORT FOR MAY 2023
Mayor Wilson made comments on Republic Services and the Solid Waste and Recycling Committee
process.
Public Comment: Jim Aichele
Motion by Councilmember Pieper, seconded by Councilmember Dieringer to receive and file. Motion carried
unanimously with the following vote:
10
MINUTES – CITY COUNCIL MEETING
Monday, June 26, 2023
Page 3
AYES: Black, Dieringer, Pieper, Mirsch, Mayor Wilson
NOES: None
ABSENT: None
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
Public Comment: Arlene Honbo, Jim Aichele, Alfred Visco, Dustin McNabb
Motion by Councilmember Pieper, seconded by Councilmember Black to approve as presented with
language ensuring a minimum of 70db covering all city residencies. Motion carried with the following vote:
AYES: Black, Dieringer, Pieper, Mayor Wilson
NOES: Mirsch
ABSENT: None
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
Motion by Councilmember Pieper, seconded by Mayor Pro Tem Mirsch to approve as presented. Motion
carried with the following vote:
AYES: Dieringer, Pieper, Mirsch, Mayor Wilson
NOES: Black
ABSENT: None
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
Motion by Councilmember Black, seconded by Councilmember Pieper to approve as presented. Motion
carried with the following vote:
AYES: Black, Pieper, Mirsch, Mayor Wilson
NOES: Dieringer
ABSENT: None
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
Motion by Councilmember Pieper, seconded by Mayor Pro Tem Mirsch to approve as presented. Motion
carried with the following vote:
AYES: Pieper, Mirsch, Mayor Wilson
NOES: Black , Dieringer
ABSENT: None
11
MINUTES – CITY COUNCIL MEETING
Monday, June 26, 2023
Page 4
8.J. RECEIVE AND FILE CAPITAL IMPROVEMENT PROJECT ASSIGNMENTS FOR FISCAL YEAR
2023-2024
Motion by Councilmember Pieper, seconded by Mayor Pro Tem Mirsch to receive and file. Motion carried
unanimously with the following vote:
AYES: Black, Dieringer, Pieper, Mirsch, Mayor Wilson
NOES: None
ABSENT: None
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
Motion by Councilmember Black, 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
10. COMMISSION ITEMS – NONE
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
Presentation by City Manager Elaine Jeng
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
Mayor Wilson moved to Item 14A
14. MATTERS FROM THE CITY COUNCIL
14.A. DISCUSS SOUTHBAY CITIES COUNCIL OF GOVERNMENT (SBCCOG) MEMBERSHIP DUES
(MAYOR WILSON)
Presentation by Mayor Wilson
Public Comment: Rancho Palos Verdes Mayor Pro Tem John Cruikshank, Lomita Mayor Barry Waite
Motion by Councilmember Pieper, seconded by Councilmember Dieringer to accept the proposed Fiscal
Year 23/24 dues rate as presented by Mayor Wilson to the SBCCOG and accepted by their Board of
12
MINUTES – CITY COUNCIL MEETING
Monday, June 26, 2023
Page 5
Directors for $3,500 in dues and $1,000 for the Regional Planner Assessment. Motion carried unanimously
with the following vote:
AYES: Black, Dieringer, Pieper, Mirsch, Mayor Wilson
NOES: None
ABSENT: None
Mayor Wilson moved to Item 12B
12. OLD BUSINESS
12.B. APPROVE TENNIS COURTS ADA IMPROVEMENT PROJECT DESIGN; AUTHORIZE STAFF TO
ADVERTISE FOR CONSTRUCTION BIDS; AND APPROVE LANDSCAPING DESIGN FOR THE
TENNIS COURTS
Presentation by City Manager Elaine Jeng
Public Comment: Kristen Raig, Dustin McNabb
Motion by Councilmember Black, seconded by Councilmember Pieper to approve as presented. Motion
carried with the following vote:
AYES: Black, Pieper, Mirsch, Mayor Wilson
NOES: Dieringer
ABSENT: None
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
Presentation by City Manager Elaine Jeng
Public Comment: Alan Palermo
Motion by Councilmember Pieper, seconded by Councilmember Dieringer to table this item for now. Motion
carried with the following vote:
AYES: Dieringer, Pieper, Mirsch, Mayor Wilson
NOES: Black
ABSENT: None
Motion by Mayor Pro Tem Mirsch, seconded by Councilmember Pieper to follow-up in three months. Motion
carried with the following vote:
AYES: Dieringer, Pieper, Mirsch, Mayor Wilson
NOES: Black
ABSENT: None
12.C. APPROVE CITY HALL ADA IMPROVEMENT PROJECT DESIGN AND AUTHORIZE STAFF TO
ADVERTISE FOR CONSTRUCTION BIDS
Presentation by Alan Palermo
13
MINUTES – CITY COUNCIL MEETING
Monday, June 26, 2023
Page 6
Mayor Wilson Left the dais at 9:12 p.m. and returned at 9:14 p.m.
Motio n by Councilmember Pieper, seconded by Mayor Pro Tem Mirsch to approve as presented. Motion
carried unanimously with the following vote:
AYES: Black, Dieringer, Pieper, Mirsch, Mayor Wilson
NOES: None
ABSENT: None
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
Presentation by City Attorney Patrick Donegan
Motion by Councilmember Black, seconded by Mayor Pro Tem Mirsch to introduce for first reading by title
only Ordinance No. 383 regarding the Fire Code; schedule a public hearing for adoption of the ordinance at
a later date; and direct staff to publish a notice of such hearing pursuant to Government Code section 6066.
Motion carried unanimously with the following vote:
AYES: Black, Dieringer, Pieper, Mirsch, Mayor Wilson
NOES: None
ABSENT: None
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
Presentation by City Clerk / Executive Assistant to the City Manager Christian Horvath,
Public Comment: Melissa McNabb, Jim Aichele
Motion by Mayor Pro Tem Mirsch, seconded by Councilmember Pieper to approve the City’s participation in
the event and cost sharing with the stipulation that the Los Angele County Sheriff’s Department provides
metrics for the total number of cars and Rolling Hills resident’s participation percentage. 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.B. RECEIVE AND FILE INFORMATION ON THE PALOS VERDES ESTATES FOUNDATION; AND
DISCUSS ESTABLISHING A SIMILAR FOUNDATION FOR ROLLING HILLS (MAYOR PRO TEM
MIRSCH)
Presentation by Mayor Pro Tem Mirsch
Public Comment: Jim Aichele, Alfred Visco, Arlene Honbo
14
MINUTES – CITY COUNCIL MEETING
Monday, June 26, 2023
Page 7
Motion by Councilmember Pieper, seconded by Councilmember Black to create an Ad Hoc Committee
comprised of Mayor Wilson and Mayor Pro Tem Mirsch. Motion carried unanimously with the following vote:
AYES: Black, Dieringer, Pieper, Mirsch, Mayor Wilson
NOES: None
ABSENT: None
City Manager Jeng announced Mayor Pro Tem Mirsch’s birthday and presented treats for her and the
Council.
At the request of City Manager Jeng, Mayor Wilson moved to item 15A. Without objection, so ordered.
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
Presentation by City Manager Elaine Jeng
City Manager Jeng announced that the draft agreement attached to the Agenda was not ready at this time.
Public Comment: Marita Geraghty, Marian Visco
Motion by Councilmember Pieper, seconded by Mayor Pro Tem Mirsch to approve as presented. Motion
carried unanimously with the following vote:
AYES: Black, Dieringer, Pieper, Mirsch, Mayor Wilson
NOES: None
ABSENT: None
Mayor Wilson moved back to item 14C.
14. MATTERS FROM THE CITY COUNCIL
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)
Presentation by Councilmember Dieringer
Motion by Councilmember Black , seconded by Councilmember Pieper directing staff to draft a letter for the
Mayor to sign. Motion carried unanimously with the following vote:
AYES: Black, Dieringer, Pieper, Mirsch, Mayor Wilson
NOES: None
ABSENT: None
15
MINUTES – CITY COUNCIL MEETING
Monday, June 26, 2023
Page 8
14.D. RECEIVE AND FILE A VERBAL REPORT FROM THE DRAINAGE AD HOC COMMITTEE
(MAYOR PRO TEM LEAH MIRSCH AND COUNCILMEMBER JEFF PIEPER)
Presentation by Councilmember Pieper
Motion by Councilmember Pieper, seconded by Councilmember Black to received and file. Motion carried
unanimously with the following vote:
AYES: Black, Dieringer, Pieper, Mirsch, Mayor Wilson
NOES: None
ABSENT: None
15. MATTERS FROM STAFF
15.B. CONSIDER A PROPOSAL FROM PALOS VERDES PENINSULA TRANSIT AUTHORITY TO
PROVIDE TRANSIT SERVICES FOR ROLLING HILLS RESIDENTS; AND PROVIDE DIRECTION
TO STAFF
Presentation by City Manager Elaine Jeng
Public Comment: Jim Aichele
Motion by Councilmember Black, seconded by Councilmember Pieper to not join the Palos Verdes Peninsula
Transit Authority. Motion carried unanimously with the following vote:
AYES: Black, Dieringer, Pieper, Mirsch, Mayor Wilson
NOES: None
ABSENT: None
16. RECESS TO CLOSED SESSION – 10:38 P.M.
16.A. PERSONNEL PURSUANT TO GOVERNMENT CODE SECTION (B) 54957 THE CITY COUNCIL
MAY MEET IN CLOSED SESSION TO CONSIDER THE APPOINTMENT/EMPLOYMENT OF A
PUBLIC EMPLOYEE. (CITY MANAGER)
17. RECONVENE TO OPEN SESSION – 11:35 P.M.
18. ADJOURNMENT : 11:35 P.M.
The meeting was adjourned at 11:35 p.m on June 26, 2023. The next regular adjourned meeting of the City
Council is scheduled to be held on Mon day, Ju ly 10, 202 3 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
16
MINUTES – CITY COUNCIL MEETING
Monday, June 26, 2023
Page 9
Approved,
____________________________________
Patrick Wilson, Mayor
17
Agenda Item No.: 8.D
Mtg. Date: 07/10/2023
TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM:CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO
CITY MANAGER
THRU:ELAINE JENG P.E., CITY MANAGER
SUBJECT:PAYMENT OF BILLS
DATE:July 10, 2023
BACKGROUND:
None.
DISCUSSION:
None.
FISCAL IMPACT:
None.
RECOMMENDATION:
Approve as presented.
ATTACHMENTS:
CL_AGN_230710_CC_PaymentOfBills_E.pdf
18
Check Run 07/06/2023
Check No.Check Date Payee Description Amount
028246 7/6/2023 Alan Palermo Consulting Alan Palermo June '23 6,270.00
028247 7/6/2023 Bennett Landscape Bennett-Addt.service-June'23-irrigation 85.00
028248 7/6/2023 Cell Business Equipment CBE-Toner Supplies Shipped 40.00
028249 7/6/2023 Corken, Nedra Nedra Corken Mileage May/June '23 21.63
028250 7/6/2023 Cox Communications Cox July '23 158.33
028251 7/6/2023 Executive Suite Services Inc.Exec Suite-Janitorial June '23 920.00
028252 7/6/2023 Forum Info-Tech. Inc./Levelcloud Forum IT-July 2023 5,232.95
028253 7/6/2023 County of Los Angeles LA County Animal Care & Control March '23 455.13
028254 7/6/2023 County of Los Angeles Building Services 9,869.85
028255 7/6/2023 MV CHENG AND ASSOCIATES Finance Dept May 2023 8,680.00
028256 7/6/2023 Race Communications Southbay Fiber Network-July 2023 1,020.00
028257 7/6/2023 City of Rancho Palos Verdes City of RPV ALPR Camera Feb- May '23 270.72
028258 7/6/2023 South Bay Cities Council of Governments SBCCOG FY23-24 dues 3,500.00
028259 7/6/2023 Texas Child Support SDU Payroll withholding 07-01-23 163.15
ACH-251 7/5/2023 Robert Half ACH Payments Robert Half 04-26-23 to 06-21-23 10,215.65
ACH-252 7/6/2023 Cox Communications ACH Payment Cox June 23 158.33
ACH-253 7/6/2023 Granicus ACH Payment for Granicus FY 23-24 8,142.67
ACH-259 6/16/2023 Vantagepoint Transfer Agents - 306580 Deferred Comp Contributions PR Ending 06-13-23 5,906.72
ACH-260 6/29/2023 CalPERS PERS Retirement PR Ending 06-13-23 3,165.80
PR LINK 6/30/2023 PR LINK - Payroll & PR Taxes PR#13 Payroll Processing Fee PR#13 06/14/2023 - 06/27/2023 66.96
PR LINK 6/30/2023 PR LINK - Payroll & PR Taxes PR#13 Pay Period - PR#13 06-14-2023 - 06-27-2023 25,512.84
Report Total 89,855.73
89,855.73$ for the payment of above items.
Elaine Jeng, P.E., City Manager
CITY OF ROLLING HILLS
AP23-066, ACH23-054, ACH23-055, & ACH23-056
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
7/7/2023
19
Agenda Item No.: 8.E
Mtg. Date: 07/10/2023
TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM:JOHN SIGNO, DIRECTOR OF PLANNING & COMMUNITY SERVICES
THRU:ELAINE JENG P.E., CITY MANAGER
SUBJECT:RECEIVE AND FILE A REPORT ON THE NEXT CITY SPONSORED
COMMUNAL BINS EVENT FROM AUGUST 4, 2023 TO AUGUST 12,
2023 TO ASSIST RESIDENTS WITH FIRE FUEL REDUCTION IN THE
COMMUNITY
DATE:July 10, 2023
BACKGROUND:
The City's solid waste collection provider, Republic Services, has a franchise agreement with
the City approved in April 2020 for a term of nine years. The annual service fee includes one
40 cubic yard bin for green waste disposal per property per year.
In an effort to reduce the risk of wildfires in the City of Rolling Hills, the City Council tasked the
previous Fire Fuel Committee to identify actions to minimize risk. In 2021, the Fire Fuel
Committee recommended and subsequently the City Council approved providing communal
bins to assist residents with disposal of vegetation trimmings and encourage the community to
reduce fire fuel.
Staff worked with Republic Services and negotiated, without amending the existing franchise
agreement, to have Republic Services provide ten communal bins (40 cubic yard) per year to
the City, starting on July 1, 2021. The City specifies the locations for the placement of
communal bins provided that the locations are accessible by Republic Services for drop off
and pick-up and approved by the Rolling Hills Community Association (RHCA). The communal
bins are deployed for several days in a batch of five bins.
To date, the City has held four events in all quadrants of the City and disposed of 61.38 tons of
green waste as shown in Table 1. Republic Services estimates around 97% of the green
waste is turned into compost.
20
Table 1 - Amount of Green Waste from Communal Bin Program
DATE TONS
Aug. 2021 11.99
Jan. 2022 12.46
Aug. 2022 17.41
Jan. 2023 19.52
TOTAL 61.38
DISCUSSION:
The fifth communal bin event is from August 4-12, 2023. The designated locations will rotate
to the southeast quadrant of the City. Staff has reviewed the designated locations for
accessibility, ease of use for residents in the community, size of the bins in relation to the
street, and size of the truck carrying the bins with Republic Services and the RHCA.
The five locations are as follows:
1. Crest Road East near 30 Crest Road East on the northeast side of the street
2. Caballeros Road at the intersection of Crest Road East on the east side of the street
3. Eastfield Drive at the corner of Open Brand Road (after the mail box of 79/81) after the
stop sign
4. Chuckwagon Road next to Upper Willow Spring Trail
5. Eastfield Drive right after the intersection of Chuckwagon Road across the street from 28
Eastfield on the west side of the street
A map of the locations is attached and will be sent via the City's Blue Newsletter.
Residents can take advantage of the communal bin program and order a 40 cubic yard bin for
green waste disposal as a part of the property's annual service fee.
FISCAL IMPACT:
None.
RECOMMENDATION:
Receive and file.
ATTACHMENTS:
CL_AGN_230710_CC_CommunalBinEvent_Rotation2.pdf
21
ROTATION 2 – Southeast Quadrant
Communal bins locations:
1. Crest Road East near 30 Crest Road East on the northeast side of the street
2. Caballeros Road at the intersection of Crest Road East on the east side of
the street
3. Eastfield Drive at the corner of Open Brand Road (after the mail box of
79/81) after the stop sign
4. Chuckwagon Road next to Upper Willow Spring Trail
5. Eastfield Drive right after the intersection of Chuckwagon Road across the
street from 28 Eastfield on the west side of the street
2
3
4
5
1
22
Agenda Item No.: 8.F
Mtg. Date: 07/10/2023
TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM:CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO
CITY MANAGER
THRU:ELAINE JENG P.E., CITY MANAGER
SUBJECT:DESIGNATE VOTING DELEGATE AND ALTERNATE VOTING
DELEGATE TO THE LEAGUE OF CALIFORNIA CITIES ANNUAL
CONFERENCE FROM SEPTEMBER 20-22 TO BE HELD IN
SACRAMENTO, CA
DATE:July 10, 2023
BACKGROUND:
On June 21, 2023, staff received a letter from the League of California Cities (Cal Cities)
requesting the designation of voting delegates and alternates to participate in the League's
2023 Annual Conference scheduled for September 20-22 in Sacramento, California. The
Annual Business Meeting is scheduled for Friday, September 22. At this meeting, the Cal
Cities membership considers and takes action on resolutions that establish Cal Cities policy.
In order to vote at the Annual Business Meeting, the City Council must designate a voting
delegate. Each city may appoint up to two alternate voting delegates, one of whom may vote
in the event that the designated voting delegate is unable to serve in that capacity.
For the annual conference held in September 2022, the City Council designated
Councilmember Dieringer as the voting delegate and Mayor Pro Tem Wilson as the alternate.
For the annual conferences held between 2019 and 2021, the same members were
designated as the voting delegate and alternate voting delegate.
DISCUSSION:
Councilmember Dieringer is currently serving as the City Council liaison to the California
League of Cities. It is recommended that the City Council re-appoint Councilmember Dieringer
as the designated voting delegate and Mayor Pro Tem Wilson as the alternate voting
delegate.
New this year, Cal Cities will host a pre-conference information session for voting delegates to
explain their role.
FISCAL IMPACT:
23
Voting delegates and alternates must be registered for the Annual conference. They need not
register for the entire conference; they may register for Friday only. Member City officials full
conference rate is $650. A one-day rate is $350. The proposed budget for Fiscal Year 23-24
includes funds for Councilmembers to attend conferences.
RECOMMENDATION:
Staff recommends that the City Council approve the same voting delegate and alternate voting
delegate as the year prior.
ATTACHMENTS:
GV_GVO_230621_LCC_VotingDelegate_Packet.pdf
24
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org
DATE: Wednesday, June 21, 2023
TO: Mayors, Council Members, City Clerks, and City Managers
RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES
League of California Cities Annual Conference and Expo, Sept. 20-22, 2023,
Sacramento SAFE Credit Union Convention Center
Every year, the League of California Cities convenes a member-driven General Assembly
at the Cal Cities Annual Conference and Expo. The General Assembly is an important
opportunity where city officials can directly participate in the development of Cal Cities
policy.
Taking place on Sept. 22, the General Assembly is comprised of voting delegates
appointed by each member city; every city has one voting delegate. Your appointed
voting delegate plays an important role during the General Assembly by representing
your city and voting on resolutions.
To cast a vote during the General Assembly, your city must designate a voting
delegate and up to two alternate voting delegates, one of whom may vote if the
designated voting delegate is unable to serve in that capacity. Voting delegates may
either be an elected or appointed official.
Please complete the attached voting delegate form and email it to Cal Cities office
no later than Monday, August 28.
New this year, we will host a pre-conference information session for voting delegates to
explain their role. Submitting your voting delegate form by the deadline will allow us time
to establish voting delegate/alternate records prior to the conference and provide pre-
conference communications with voting delegates.
Please view Cal Cities’ event and meeting policy in advance of the conference.
Action by Council Required. Consistent with Cal Cities bylaws, a city’s voting delegate
and up to two alternates must be designated by the city council. When completing the
attached Voting Delegate form, please attach either a copy of the council resolution
that reflects the council action taken or have your city clerk or mayor sign the form
affirming that the names provided are those selected by the city council.
Please note that designating the voting delegate and alternates must be done by city
council action and cannot be accomplished by individual action of the mayor or city
manager alone.
Council Action Advised by August 28, 2023
25
Conference Registration Required. The voting delegate and alternates must be
registered to attend the conference. They need not register for the entire conference;
they may register for Friday only. Conference registration is open on the Cal Cities
website.
For a city to cast a vote, one voter must be present at the General Assembly and in
possession of the voting delegate card and voting tool. Voting delegates and
alternates need to pick up their conference badges before signing in and picking up
the voting delegate card at the voting delegate desk. This will enable them to receive
the special sticker on their name badges that will admit the voting delegate into the
voting area during the General Assembly.
Transferring Voting Card to Non-Designated Individuals Not Allowed. The voting
delegate card may be transferred freely between the voting delegate and alternates,
but only between the voting delegate and alternates. If the voting delegate and
alternates find themselves unable to attend the General Assembly, they may not
transfer the voting card to another city official.
Seating Protocol during General Assembly. At the General Assembly, individuals with a
voting card will sit in a designated area. Admission to the voting area will be limited to the
individual in possession of the voting card and with a special sticker on their name badge
identifying them as a voting delegate.
The voting delegate desk, located in the conference registration area of the SAFE Credit
Union Convention Center in Sacramento, will be open at the following times:
Wednesday, Sept. 20, 8:00 a.m.- 6:00 p.m. and Thursday, Sept. 21, 7:30 a.m.- 4:00 p.m. On
Friday, Sept. 22, the voting delegate desk will be open at the General Assembly, starting
at 7:30 a.m., but will be closed during roll calls and voting.
The voting procedures that will be used at the conference are attached to this memo.
Please share these procedures and this memo with your council and especially with the
individuals that your council designates as your city’s voting delegate and alternates.
Once again, thank you for completing the voting delegate and alternate form and
returning it to Cal Cities office by Monday, Aug. 28. If you have questions, please
contact Zach Seals at zseals@calcities.org.
Attachments:
• General Assembly Voting Guidelines
• Voting Delegate/Alternate Form
• Information Sheet: Cal Cities Resolutions and the General Assembly
26
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org
General Assembly Voting Guidelines
1. One City One Vote. Each member city has a right to cast one vote on
matters pertaining to Cal Cities policy.
2. Designating a City Voting Representative. Prior to the Cal Cities Annual
Conference and Expo, each city council may designate a voting delegate
and up to two alternates; these individuals are identified on the voting
delegate form provided to the Cal Cities Credentials Committee.
3. Registering with the Credentials Committee. The voting delegate, or
alternates, may pick up the city's voting card at the voting delegate desk in
the conference registration area. Voting delegates and alternates must sign
in at the voting delegate desk. Here they will receive a special sticker on
their name badge and thus be admitted to the voting area at the General
Assembly.
4. Signing Initiated Resolution Petitions. Only those individuals who are voting
delegates (or alternates), and who have picked up their city’s voting card
by providing a signature to the credentials committee at the voting
delegate desk, may sign petitions to initiate a resolution.
5. Voting. To cast the city's vote, a city official must have in their possession the
city's voting card and voting tool; and be registered with the credentials
committee. The voting card may be transferred freely between the voting
delegate and alternates but may not be transferred to another city official
who is neither a voting delegate nor alternate.
6. Voting Area at General Assembly. At the General Assembly, individuals with
a voting card will sit in a designated area. Admission to the voting area will
be limited to the individual in possession of the voting card and with a
special sticker on their name badge identifying them as a voting delegate.
7. Resolving Disputes. In case of dispute, the credentials committee will
determine the validity of signatures on petitioned resolutions and the right of
a city official to vote at the General Assembly.
27
CITY: ________________________________________
2023 ANNUAL CONFERENCE
VOTING DELEGATE/ALTERNATE FORM
Please complete this form and return it to Cal Cities office by Monday, August 28, 2023.
Forms not sent by this deadline may be submitted to the Voting Delegate Desk located
in the Annual Conference Registration Area. Your city council may designate one
voting delegate and up to two alternates.
To vote at the General Assembly, voting delegates and alternates must be designated by your
city council. Please attach the council resolution as proof of designation. As an alternative,
the Mayor or City Clerk may sign this form, affirming that the designation reflects the action
taken by the council.
Please note: Voting delegates and alternates will be seated in a separate area at the General
Assembly. Admission to this designated area will be limited to individuals (voting delegates
and alternates) who are identified with a special sticker on their conference badge. This
sticker can be obtained only at the voting delegate desk.
1. VOTING DELEGATE
Name:
Title:
2. VOTING DELEGATE - ALTERNATE
Name:
Title:
Email: _______________________________
Email: ______________________________
3. VOTING DELEGATE - ALTERNATE
Name:
Title:
Email: _____________________________
ATTACH COUNCIL RESOLUTION DESIGNATING VOTING DELEGATE AND ALTERNATES OR
ATTEST: I affirm that the information provided reflects action by the city council to
designate the voting delegate and alternate(s).
Name: ____________________________________ Email: _________________________________
Mayor or City Clerk: ________________________ Date: __________ Phone: ________________
(circle one) (signature)
Please complete and email this form to votingdelegates@calcities.org by Monday,
August 28, 2023.
28
Sixty days before the
Annual Conference and
Expo, Cal Cities members
may submit policy
proposals on issues of
importance to cities. The
resolution must have the concurrence
of at least five additional member cities
or individual members.
How it works: Cal Cities
Resolutions and the General Assembly
General Assembly
General Resolutions Policy Committees
Developing League of California Cities policy is a dynamic process that engages a wide range of members to
ensure that we are representing California cities with one voice. These policies directly guide Cal Cities advocacy
to promote local decision-making, and lobby against statewide policy that erodes local control.
The resolutions process and General Assembly is one way that city officials can directly participate in the
development of Cal Cities policy. If a resolution is approved at the General Assembly, it becomes official Cal
Cities policy. Here’s how Resolutions and the General Assembly works.
The petitioned resolution
is an alternate method
to introduce policy
proposals during the
annual conference. The
petition must be signed by
voting delegates from 10% of member
cities, and submitted to the Cal Cities
President at least 24 hours before the
beginning of the General Assembly.
Petitioned Resolutions
The Cal Cities President
assigns general resolutions
to policy committees where
members review, debate,
and recommend positions for
each policy proposal. Recommendations are
forwarded to the Resolutions Committee.
Who’s who
The Resolutions
Committee includes
representatives from
each Cal Cities diversity
caucus, regional
division, municipal
department, policy
committee, as well as
individuals appointed by
the Cal Cities president.
Voting delegates
are appointed by each
member city; every city
has one voting delegate.
The General Assembly
is a meeting of the
collective body of
all voting delegates —
one from every
member city.
Seven Policy
Committees meet
throughout the year to
review and recommend
positions to take on
bills and regulatory
proposals. Policy
committees include
members from each Cal
Cities diversity caucus,
regional division,
municipal department,
as well as individuals
appointed by the Cal
Cities president.
During the General Assembly, voting delegates
debate and consider general and petitioned
resolutions forwarded by the Resolutions Committee.
Potential Cal Cities bylaws amendments are also
considered at this meeting.
Cal Cities policy
development is a
member-informed
process, grounded
in the voices and
experiences of city
officials throughout
the state.
For more information visit www.calcities.org/general-assembly
Prior to the Annual Conference and Expo
Resolutions Committee
The Resolutions Committee
considers all resolutions.
General Resolutions approved1
by either a policy committee
or the Resolutions Committee
are next considered by the General
Assembly. General resolutions not approved,
or referred for further study by both a policy
committee and the Resolutions Committee
do not go the General Assembly. All
Petitioned Resolutions are considered by the
General Assembly, unless disqualified.2
• Voting delegates will receive increased communications to prepare
them for their role during the General Assembly.
• The General Assembly will take place earlier to allow more time for
debate and discussion.
• Improvements to the General Assembly process will make it easier for
voting delegates to discuss and debate resolutions.
What’s new in 2023?
During the Annual Conference and Expo
1 The Resolution Committee can amend a general resolution prior to sending it to the General Assembly.
2 Petitioned Resolutions may be disqualified by the Resolutions Committee according to Cal Cities Bylaws Article VI. Sec. 5(f). 29
Agenda Item No.: 8.G
Mtg. Date: 07/10/2023
TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM:CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO
CITY MANAGER
THRU:ELAINE JENG P.E., CITY MANAGER
SUBJECT:ADOPT BY RESOLUTION NO. 1343 AUTHORIZING A BUDGET
MODIFICATION OF $21,100 AND APPROVE A FOURTH AMENDMENT
TO THE PROFESSIONAL SERVICES AGREEMENT WITH ALAN
PALERMO CONSULTING FOR PROJECT MANAGEMENT SERVICES
DURING FISCAL YEAR 2023-2024
DATE:July 10, 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
30
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
Rule 20C Civil Engineering project.
To meet project management needs for Fiscal Year 2023-2024, APC was asked to provide a
proposal for services for the following projects at a proposed cost for services in Fiscal Year
2023-2024 of $56,100:
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
At the June 26, 2023 City Council meeting, the Council approved staff's recommendation to
prepare an amended agreement with APC for Fiscal Year 2023-2024 based on APC's
proposal dated June 20, 2023.
DISCUSSION:
The adopted budget for FY 2023-2024 included $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 departure of the City Manager in early July 2023, APC's scope of work
was increased resulting in an estimated fee of $56,100. The fee is $21,100 above the
budgeted amount. A budget amendment resolution is attached to address the shortfall.
FISCAL IMPACT:
Council action is required to amend the budget and increase budgeted appropriations by
$21,000 in the Capital Projects Fund funded from a transfer of available General Fund
Reserves. The use of General Fund Reserves is consistent with City policy.
RECOMMENDATION:
Approve as presented.
ATTACHMENTS:
ResolutionNo1343_Alan Palermo_BudgetAmendment.pdf
CA_AGR_230710_Alan Palermo_Amendment04.pdf
31
RESOLUTION NO. 1343
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ROLLING HILLS. CALIFORNIA
AUTHORIZING A FISCAL YEAR 2023-2024
BUDGET MODIFICATION TO APPROPRIATE
$21,100 IN THE CAPITAL PROJECTS FUND FROM
A TRANSFER OF GENERAL FUND RESERVES
FOR CONTINUED SERVICES FROM ALAN
PALERMO CONSULTING FOR PROJECT
MANAGEMENT SERVICES
THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA,
DOES HEREBY RESOLVE, DECLARE, DETERMINE, AND ORDER AS
FOLLOWS:
Section 1. Recitals.
A. It is the intention of the City Council of the City of Rolling Hills to
review the adopted budget from time to time.
B. On June 26, 2023 City Council meeting, the City Council approved
continuing with Alan Palermo Consulting for project management services during
the fiscal year 2023-2023 and directed staff to prepare a Fourth Amendment to
the Professional Services Agreement with Alan Palermo Consulting.
C. Alan Palermo Consulting quoted the City a fee amount of $56,100 for
the services for fiscal year 2023-2024. The existing City budget had allocated
$35,000 for project management services for fiscal year 2023-2024 – leaving a
$21,100 discrepancy in the amount budget and what will be required.
D. The City desires to appropriate $21,100.00 in the Capital Projects
Fund funded from a transfer of General Fund reserves to fund the Fourth
Amendment to the Professional Services Agreement with Alan Palermo
Consulting attached as Exhibit “A.”
Section 2. The sum of twenty-one thousand and one hundred dollars
($21,100.00) is hereby appropriated in the Capital Projects Fund to fund the
Fourth Amendment to the Professional Services Agreement with Alan Palermo
Consulting.
Section 3. This Resolution shall take effect immediately upon its
adoption by the City Council, and the City Clerk shall certify to the passage and
adoption of this Resolution and enter it into the book or original resolutions.
32
PASSED, APPROVED, AND ADOPTED this 10th day of July, 2023
______________________________
PAT WILSON
MAYOR
ATTEST:
___________________________
CHRISTIAN HORVATH
CITY CLERK
33
Exhibit A
34
FOURTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
THIS FOURTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (“Fourth
Amendment”) is made and entered into this 10th day of July 2023 by and between the CITY
OF ROLLING HILLS, a California municipal corporation (hereinafter the “CITY”), and Alan
Palermo Consulting (hereinafter the “CONSULTANT”).
R E C I T A L S
A. On July 18, 2019, the City entered into a Professional Services Agreement with
Consultant (“Agreement”) for project management services to assist with the following projects:
1) project/construction management of the bid and construction of tennis court improvements
(American with Disabilities Act (“ADA”) and aesthetic improvements); 2) project management
for the design of ADA improvements at the City Hall building; 3) project management for phase
II of the sewer feasibility study; and 4) project management for the FY 2019/2020 annual
signage and striping program;
B. On September 14, 2020, City and Consultant amended the Agreement for the
first time to expand the scope of work, extend the term, and increase the cost so that
Consultant may provide services on the following projects: 1) project management for tennis
court improvements (American with Disabilities Act (“ADA”) and aesthetic improvements); 2)
project management for the design of ADA improvements per the City’s transition plan; 3)
project management for design of 8” sewer main along Portuguese Bend Road/Rolling Hills
Road; 4) project management for Block Captain Program communications project; 5) project
management for securing per capital program funded through the Parks and Water Bond Act
of 2018 (Proposition 68); and 6) project management for implementing the Fire Prevention
through Power Line Undergrounding Project 0526 funded by FEMA’s Hazard Mitigation Grant
Program (“First Amendment”) (the “First Amendment”);
C. On June 30, 2022, the City and Consultant amended the Agreement for the
second time to extend the term for Consultant to complete the scope of work (the “Second
Amendme nt”).
D. On September 12, 2022, the City and Consultant amended the Agreement for
the third time to clarify the scope of work, extend the term for Consultant to complete the scope
of work, and state the costs for the work provided (the “Third Amendment”)
E. The Parties now desire to amend the Agreement to clarify the scope of work,
extend the term, and state the costs for the work provided by the Consultant (“Fourth
Amendment”).
F. Consultant is well qualified by reason of education, training, and experience; and
G. Consultant is willing to render such services on the terms and conditions as
hereinafter defined.
35
NOW, THEREFORE, in consideration of the foregoing and the covenants and
agreements set forth below, City and Consultant agree as follows:
1. Section 2 “Scope of Work” of the Agreement is amended to read as follows:
“2. SCOPE OF WORK. Consultant shall perform all work necessary to
complete in a manner satisfactory to CITY the services set forth in the scope of
work attached as Exhibit A to this Fourth Amendment. To the extent Exhibit A
conflicts with this Agreement or any amendment, this Agreement or amendment
shall control.”
2. Section 3 “Cost” of the Agreement is amended to read as follows:
“3. COST. The CITY agrees to pay CONSULTANT for all the work or any part
of the work performed under the Agreement at the rates and in the manner
established in the attached Exhibit A to this Fourth Amendment.
A. Compensation. An additional fifty-six thousand, one hundred dollars
($56,100.00) is added to the permitted compensation under this Fourth
Amendment. This fee includes all expenses, travel, attendance at
meetings and miscellaneous costs, estimated to be accrued.
3 Paragraph 9 (TERM OF CONTRACT) of the Agreement is amended to read as follows:
9. TERM OF CONTRACT
This Agreement shall be valid until June 30, 2024 unless extended by the
parties in writing by written amendment to this Agreement or terminated earlier
by the parties pursuant to Section 10 of this Agreement.
2. All terms and conditions of the Agreement not amended by the First Amendment, the
Second Amendment, the Third Amendment, or this Fourth Amendment remain in full force and
effect.
IN WITNESS WHEREOF, the Parties hereto have executed this Fourth Amendment on
the date and year first above written, and it is effective as of July 10, 2022.
CITY OF ROLLING HILLS ALAN PALERMO CONSULTING
__________________________ __________________________
Interim City Manager ALAN PALERMO
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DATE:___________ DATE:_____________
ATTEST:
__________________________
CITY CLERK
APPROVED AS TO FORM:
__________________________
PATRICK DONEGAN
CITY ATTORNEY
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EXHIBIT A
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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.H
Mtg. Date: 07/10/2023
TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM:CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO
CITY MANAGER
THRU:ELAINE JENG P.E., CITY MANAGER
SUBJECT:ADOPT BY RESOLUTION NO. 1344 AUTHORIZING A BUDGET
MODIFICATION OF $307,000 FOR THE TENNIS COURTS ADA
IMPROVEMENT PROJECT AND APPROVE A PROFESSIONAL
SERVICES AGREEMENT WITH RICHIE-BRAY, INC. FOR UPDATED
LANDSCAPE, LIGHTING AND IRRIGATION PLANS
DATE:July 10, 2023
BACKGROUND:
At the June 12, 2023, City Council Meeting, city staff reported on a coordination meeting with
the Rolling Hills Community Association (RHCA) held 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 held two subsequent coordination meetings
on June 6, 2023 and June 14, 2023 to discuss outstanding items and update all parties.
The RHCA engaged a 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.
At the June 26, 2023, City Council meeting, staff reported the following:
A review of the City's improvement plans was completed and approved by the RHCA
Architectural Committee on June 13, 2023.
The remaining outstanding review comments 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
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for construction bids in July 2023
In anticipation of the construction bid, several other projects with RHCA in the lead are
being coordinated to ensure the improvements account for these future projects
including:
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 City Council approved the Tennis Courts ADA Improvement Project design, the
Landscape design updates and authorized staff to advertise for construction bids.
DISCUSSION:
The previously approved landscape, irrigation, and lighting plans (2016) for the tennis court
facility to support the city ADA Improvement Plans will be revised to reflect the changes to the
site since first approved. To help facilitate updating the landscape, irrigation, and lighting
plans, the City will assume the $7,000 fee to update the plans including any calculations
necessary to comply with water efficient landscape requirements and 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, the City Council has not allocated
funds for the project. This, Council action is required to amend the budget and increase
budgeted appropriations in the Capital Projects Fund by $307,000 funded from a transfer from
available General Fund Reserves. The use of General Fund Reserves is consistent with City
policy.
RECOMMENDATION:
Approve as presented.
ATTACHMENTS:
ResolutionNo1344_TennisCourtADA_ LLI_BudgetAmendment.pdf
CA_AGR_230710_Richie-BrayInc_TennisCourtADA_Landscape.pdf
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RESOLUTION NO. 1344
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ROLLING HILLS. CALIFORNIA
AUTHORIZING A FISCAL YEAR 2023-2024
BUDGET MODIFICATION TO INCREASE
APPROPRIATIONS IN THE CAPITAL PROJECTS
FUND BY $307,000.00 FUNDED FROM A
TRANSFER OF GENERAL FUND RESERVES FOR
WORK RELATED TO THE TENNIS COURT ADA
IMPROVEMENT PROJECT INCLUDING
LANDSCAPE, IRRIGATION, AND LIGHTING
PLANS
THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA,
DOES HEREBY RESOLVE, DECLARE, DETERMINE, AND ORDER AS
FOLLOWS:
Section 1. Recitals.
A. It is the intention of the City Council of the City of Rolling Hills to
review the adopted budget from time to time.
B. At its June 26, 2023 City Council meeting, the City directed staff to
advertise the Tennis Court ADA Improvement Project for bids and approved the
allocation for landscape, irrigation and lighting plans. The City Council will be
provided the opportunity to review the results of the construction bids and
ultimately decide whether to award a contract at a later date.
C. Staff has received construction estimates for the Tennis Court ADA
Improvement Project in the amount of $300,000. Further, in recent months, the
Rolling Hills Community Association worked with Richie-Bray, Inc. for the
landscape, irrigation and lighting plans. After outreach from staff, Richie-Bray,
Inc. has indicated a willingness to complete these plans for the City for the sum
of $7,000.00.
Section 2. The sum of three-hundred and seven thousand four dollars
and ($307,000.00) is hereby appropriated to the Capital Project Fund from the
General Fund Reserves for Tennis Court ADA Improvement Project and engage
with Richie-Bray, Inc. for landscape, irrigation and lighting plans for the Tennis
Court ADA Improvement Project as described in the attached Professional
Services Agreement (Attachment “A”).
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Section 3. This Resolution shall take effect immediately upon its
adoption by the City Council, and the City Clerk shall certify to the passage and
adoption of this Resolution and enter it into the book or original resolutions.
PASSED, APPROVED, AND ADOPTED this 10th day of July, 2023.
______________________________
PAT WILSON
MAYOR
ATTEST:
______________________________
CHRISTIAN HORVATH
CITY CLERK
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CITY OF ROLLING HILLS
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT made and entered into this 10th day of July, 2023 between
the City of Rolling Hills, a municipal corporation, hereinafter referred to as "CITY'' and
Richie-Bray, Inc., a California corporation, located at 904 Silver Spur Rd., #395, Rolling
Hills Estates, CA 90274 (“CONSULTANT.”)
1. RECITALS:
A. The CITY desires to contract the CONSULTANT to provide services related
to the design and preparation of landscaping, lighting and irrigation plans for the Tennis
Court Improvement project 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 services pertaining to landscaping, lighting and irrigation plans for
the Tennis Court Improvement project and as set forth in the attached Exhibit A.
(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 seven thousand dollars ($7,000.00). The cost is more
particularly described in Exhibit A. This fee includes all expenses, consisting of all local
travel, attendance at meetings, printing and submission of any plans or any other
documents required by the Scope of Work. Any increase in contract amount or scope
shall be approved by expressed written amendment executed by the CITY and
CONSULTANT.
4. METHOD OF PAYMENT
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CONSULTANT shall be reimbursed thirty (30) 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 emplo y 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). 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
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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
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
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The CONSULTANT warrants that he or she has not employed or retained any
company or persons, other than a bona fide employee working solely for the
CONSULTANT, any fee, commission, percentage, brokerage fee, gifts, or any other
consideration, contingent upon or resulting from the award or making of this contract. For
breach or violation of this warranty, the CITY shall have the right to annul this contract
without liability, or, in its discretion to deduct from the contract price or consideration, or
otherwise recover, the full amount of such fee, commission, percentage, brokerage fee,
gift, or contingent fee.
16. INDEMNITY
CONSULTANT shall indemnify and save harmless CITY, its elected and appointed
officers and employees from all claims, damages, suits, cost or actions of every name,
kind or description, brought for, or on account of, (i) injuries to or death of any person, (ii)
damage to property or (iii) arising from performance of this AGREEMENT in any manner
that resulted from the fault or negligence of CONSULTANT, it officers, agents, employees
and/or servants in connection with this AGREEMENT.
CITY shall indemnify and save harmless CONSULTANT, its officers, agents,
employees, and servants from all claims, damages, suits, costs or actions of every name,
kind, or description, brought for, or on account of, (i) injuries to or death of any person, (ii)
damage to property or (iii) arising from performance of this AGREEMENT in any manner
that resulted from the fault or negligence of the CONSULTANT, its officers, agents,
employees, and/or servants in connection with this AGREEMENT.
If CONSULTANT should subcontract all or any portion of the SERVICES to be
performed under this AGREEMENT, CONSULTANT shall require each subcontractor to
indemnify, hold harmless and defend CITY and each of its officers, officials, employees,
agents and volunteers in accordance with the term of the preceding paragraph. This
section shall survive termination or expiration of this AGREEMENT.
17. INSURANCE
A. Without limiting CONSULTANT’S obligations arising under paragraph 16 -
Indemnity, CONSULTANT shall not begin work under this AGREEMENT until it obtains
policies of insurance required under this section. The insurance shall cover
CONSULTANT, its agents, representatives and employees in connection with the
performance of work under this AGREEMENT, and shall be maintained throughout the
term of this AGREEMENT. Insurance coverage shall be as follows:
i. Automobile Liability Insurance with minimum coverage of $300,000
for property damage, $300,000 for injury to one person/single occurrence, and $300,000
for injury to more than one person/single occurrence.
ii. Public Liability and Property Damage Insurance, insuring CITY its
elected and appointed officers and employees from claims for damages for personal
injury, including death, as well as from claims for property damage which may arise from
52
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.
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
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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: City of Rolling Hills
No. 2 Portuguese Bend Road
Rolling Hills, CA 90274
CONSULTANT: Richie-Bray, Inc.
904 Silver Spur Rd., #395
Rolling Hills Estates, CA 90274
23. GOVERNING LAW
54
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
______ _____ ________
DATE:___________ DATE:_____________
ATTEST:
______ _____
CITY CLERK
APPROVED AS TO FORM:
______ _____
PATRICK DONEGAN, CITY ATTORNEY
55
Exhibit A
Scope of Work and Cost
56
PLANTING DESIGN LANDSCAPE ARCHITECTURE DESIGN CONSULTAION
904 Silver Spur Rd #395 310-377-5868 www.richie-bray.com
Rolling Hills Estates, CA 90274 310-995-8825 cell CA, TN, AND KY
PROPOSAL FOR ADDITIONAL LANDSCAPE SERVICES June 14, 2023
CLIENT/OWNER Rolling Hills Homes Association/
City of Rolling Hills
1 Portuguese Bend Road,
Rolling Hills, CA 90274
PROJECT SITE Rolling Hills Community Tennis Court
2 Portuguese Bend Road,
Rolling Hills, CA 90274
ESTIMATED DESIGN FEE:
Submittals $ 3,200.00 - $4,200.00
o Homes Association and City Submittal
o Materials – update existing materials.
o Planting – Modify existing site planting layout
o Lighting – Fixture types, location plan
Landscape Irrigation Plan $ 1,200.00-$1,800.00
o Irrigation Plan and detail sheet
WELO/Calculations and zones not included.
Soils Management not included.
Fuel Modification Submittal Package
o Landscape Planting Plans – Update existing package. $Not included
o New Zone layout and requirements
o Update Planting Plans
Retainer (Item C) $1,000.00
COMPENSATION AND PAYMENTS
All work is billed at an hourly rate. Cost estimate may change due to actual project time and
requirements. Additional Services will also be billed at an hourly rate as outlined below:
Landscape Architect $275.00 Designer/Cad $ 95.00
Draftsperson/Assistant $85.00 Support Staff $ 45.00
Thank you for your consideration of this proposal. If it meets with your approval, please sign and date
below. Undersigned also agrees to the appendix “A” attached. Return a signed copy with the retainer to
Richie-Bray, Inc 904 Silver Spur Rd #395, Rolling Hills Estates, CA 90274.
If you have any questions or concerns, please call our office at 310-377-5868/310-995-8825 CELL and we
will be happy to assist you.
Warm regards,
Deborah Richie-Bray, ASLA
Landscape Architect
California #4467
Client Signature: Date:
57
PLANTING DESIGN LANDSCAPE ARCHITECTURE DESIGN CONSULTAION
904 Silver Spur Rd #395 310-377-5868 www.richie-bray.com
Rolling Hills Estates, CA 90274 310-995-8825 cell CA, TN, AND KY
APPENDIX “A”
Additional Services $ additional hourly (TBD)
Services may vary by client request and/or project requirement. May include:
o Additional Submittals (Homeowners association, Planning Department, Fire Dept. etc.)
o Construction details
o Lot coverage calculations
o Master Plan Revisions / Detail Revisions
o Admin / Coordination
o 3D renderings are additional services.
Landscape Plans
Based on Client’s approved engineering documents prepared by Bolton engineering 5/22/2023, we will
prepare:
Hardscape Materials Plan: Material selection and location plan. Detailed construction documents may or may
not be needed for all elements. Structural and/or Civil engineers may be required for walls.
Landscape Architect is not responsible for any material, quality, color or guarantees.
Landscape Planting Plan: Landscape Planting Plan will identify the plant material, location, and name. Plant
list will include botanical names, common names, size, and recommendations. Plans can be signed and stamped for
submittal if required and be at a point that the landscape Contractor can responsibly bid on new plantings. Grading
and drainage plans will be required by Civil, soils Eng. by others. Drainage and grading plans are not included in this
agreement.
Lighting: Lighting plans will identify the location and the fixture type. Plans may need to be developed further if
required by the city building department for submittal. Lighting Plans will need to be further developed by an
electrical consultant. The lighting consultant is responsible for establishing lighting electric controls and e lectric
loads. Landscape Architect will coordinate with lighting consultant to achieve the design intent for the mood and
look. Landscape Architect assumes no responsibility for the electrical control system but will work with lighting
consultant to direct design intent.
Irrigation Plan – Irrigation Head layout and details for system
Water Efficient Landscape Ordinance Compliance - Full WELO Not included.
City and state laws may require project compliance with the Water Efficient Landscape Ordinance. , WUCOLS
calculations, Hydrozone Plan and order basic Soil Management Report.
Soil’s report submittal fees will be separate cost from Lab to Owner.
Fuel Modification Plan
Fuel Modification submittal document– will be required for building permits. Not included.
Requirements:
• Existing Tree and Demo Plan: Plan to identify existing trees and p lants that require removal
and/or relocation if required.
• Photo study of existing plants, hardscape, and buildings
• Maintenance recommendations/requirements
• Planting plan for FM department- Planting Plan that will meet fire department code
requirements; schedule includes plants, water requirements and FM zones
Building permits are to be obtained by other. – Not included.
A. Reimbursable Expenses are subject to a multiple of 1.25 including but not limited to, reproduction, postage
(including overnight and next day packages), handling of documents, long distan ce and facsimile charges, authorized
58
PLANTING DESIGN LANDSCAPE ARCHITECTURE DESIGN CONSULTAION
904 Silver Spur Rd #395 310-377-5868 www.richie-bray.com
Rolling Hills Estates, CA 90274 310-995-8825 cell CA, TN, AND KY
travel. Reimbursable Expenses also include outdoor patio and pool furniture, BBQ equipment, material selection,
pots, accessories, / purchase are subject to a multiple of 1.25. Site visits will be billed by the hour a t a minimum of 2
hours. Proposal does not include any consultant fees that may be required to carry out works outside the above
scope (i.e. soil, electrical, etc.). All base, surveys and existing reference materials will be provided by Owner. Any
permits required will be by Owner. All meetings will be billed at an additional hourly rate.
B. Landscape Architect shall bill Client on a monthly basis on a percentage of work completed. Invoices are
payable upon receipt and is past due thirty (30) days from invoice date. Landscape Architect reserves the right to
withhold delivery of services if payment is not received or if account is overdue. Any additional services and
reimbursable expenses will be billed at time of invoices. A service charge of 1.5% per month will be charged on all
amounts due more than 30 days after the date of invoice.
LIMITED CONSTRUCTION PHASE SERVICES
A. Notwithstanding any other terms in this Agree ment, Landscape Architect shall not control or be responsible for
another's means, methods, techniques, schedules, sequences or procedures, or for const ruction safety or any other
related programs, or for another's failure to complete the work in accordanc e with the plans.
B. Construction-phase services will be provided to determine the general progress of the work, but will not include
supervision of the contractors, or of their means, methods, techniques, schedules, sequences or procedures, or for
construction safety or any other related programs. Landscape Architect maintains the right but not the duty to
recommend that Client reject work that does n ot appear to conform generally to the plans. Landscape Architect shall
have no liability for recommendations made in good faith.
ESTIMATED SCHEDULE AND PROJECT BUDGET
A. Landscape Architect shall render its services as expedit iously as is consistent with professional skill and care.
During the course of the Project, anticipated and unanticipated events may impact any Project schedule. Complete
site survey required before concept design can begin.
B. Client acknowledges that significant changes to the Project schedule, budget, or the Project's scope may require
Additional Services of Landscape Architect.
TERMINATION
A. Either Client or Landscape Architect may terminate this Agreement upon seven days written notice.
B. If terminated, Client agrees to pay Landscape Architect for all Basic and Additional Services rendered and
Reimbursable Expenses incurred up to the date of termination.
C. Upon not less than seven days' written notice, Landscape Architect may suspend the performance of its
services if Client fails to pay Landscape Architect in full for services rendered or expenses incurred.
Landscape Architect shall have no liability because of such suspension of service or termination due to
nonpayment. All completed deliverables will b e given to client upon final payment.
OWNERSHIP OF DOCUMENTS
A. All instruments of professional service prepared by Landscape Architect, including but not limited to, drawings and
specifications, are the property of Landscape Architect and these documents shall not be reused on other projects
without Landscape Architect's written permission. Landscape Arch itect retains all rights, including the copyright in its
documents.
B. Landscape Architect reserves the right to include representations of the Project in its promotional and professional
materials.
California Board of Landscape Architects
LANDSCAPE ARCHITECTS ARE REGULATED BY THE CALIFORNIA BOARD OF LANDSCAPE ARCHITECTS. ANY QUESTIONS CONCERNING A
LANDSCAPE ARCHITECT MAY BE REFERRED TO THE BOARD AT:
BOARD OF LANDSCAPE ARCHITECTS, 400 R STREET, SUITE 4020, SACRAMENTO, CA 95814, TELEPHONE: (916)445-4954
EXPIRATION OF PROPOSAL
If this agreement is not accepted within 30 days, the offer to perform the described services is withdrawn and shall be null and void.
THE UNDERSIGNED CERTIFY THAT THE TERMS OF THIS AGREEMENT HAVE BEEN READ AND FULLY
UNDERSTAND THE PROVISIONS STATED THEREIN AND AGREED TO THE SAME.
59
PLANTING DESIGN LANDSCAPE ARCHITECTURE DESIGN CONSULTAION
904 Silver Spur Rd #395 310-377-5868 www.richie-bray.com
Rolling Hills Estates, CA 90274 310-995-8825 cell CA, TN, AND KY
Deborah Richie-Bray, ASLA
Landscape Architect
California #4467
Client Signature: Date:
60
Agenda Item No.: 8.I
Mtg. Date: 07/10/2023
TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM:CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO
CITY MANAGER
THRU:ELAINE JENG P.E., CITY MANAGER
SUBJECT:APPROVE A SECOND AMENDMENT TO THE LEASE AGREEMENT
WITH THE ROLLING HILLS COMMUNITY ASSOCIATION MAINTAINING
THE CURRENT LEASE AMOUNT OF $5,749.25 PER MONTH
DATE:July 10, 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. Prior to 2020, and prior to the addition of this provision in the lease
agreement, the city addressed traffic control needs within the limits of the city. While there was
a reduction in revenue to the city, there was also a savings in expenditures relating to traffic
control devices.
In May 2023, RHCA Manager Kristen Raig contacted staff and inquired if the city wanted to
continue with the changes made to the lease agreement in 2020.
At the June 26, 2023, City Council meeting, the Council approved staff's recommendation to
continue charging the RHCA $5,749.25 in rent per month during the remainder term of the
61
lease agreement term and to draft a second amendment to the lease agreement.
DISCUSSION:
None.
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.
RECOMMENDATION:
Approve as presented.
ATTACHMENTS:
CA_AGR_230710_RHCA_LeaseAmendment02.pdf
RHCA 2018-2028_SignedAgreement.pdf
CA_AGR_200717_FirstAmendment_RoadStriping_E.pdf
62
CITY OF ROLLING HILLS
SECOND AMENDMENT TO LEASE AGREEMENT
This Second Amendment to the Lease Agreement (“Second Amendment”) is made and
executed as of this 10th day of July, 2023, 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 are parties to a lease dated May 14, 2018 (the “Lease”), by
which City leases the Premises (as therein defined) to Association.
B. In 2020, the City and Association amended the Lease to reduce the rent to
$5,749.25 per month for the period between July 1, 2020 to June 30, 2023.
B. City and Association desire to amend the Lease to adjust the amount of the rent
and to clarify Association obligations.
NOW, THEREFORE, the parties hereto agree as follows:
1. Subdivision b (Rent) of Paragraph 1 (Fundamental Lease Provisions) shall be
amended to read as follows:
1. FUNDAMENTAL LEASE PROVISIONS:
. . .
(b) Rent:
(i) May 1, 2018 to June 30, 2020: $6,998.00 per month.
(ii) July 1, 2020 to June 30, 2023: $5,749.25 per month.
(iii) July 1, 2023 to May 31, 2028: $5,749.25 per month.
2. Paragraph 4 (Rent) shall be amended to read as follows:
4. RENT. Association shall pay City monthly in advance, without deduction
or offset, as rent, the following:
(a) May 1, 2018 to June 30, 2020: $6,998.00 per month.
(a) July 1, 2020 to June 30, 2023: $5,749.25 per month.
63
(b) July 1, 2023 to May 31, 2028: $5,749.25 per month.
3. All terms and conditions of the Agreement not amended by the First Amendment
or this Second Amendment will remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Second
Amendment as of the day and year first above written.
CITY OF ROLLING HILLS
________________________________
Pat Wilson,
MAYOR
ATTEST:
____________________________________
City Clerk
ROLLING HILLS COMMUNITY
ASSOCIATION
________________________________
Ty Bobit,
PRESIDENT
64
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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,
66
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
67
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
65277.00001 \30940221.1
68
Page4
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
65277.00001 \30940221.1
69
Page 5
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
65277.00001 \30940221.1
70
Page 6
65277.00001 \30940221.1
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
71
Page7
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
65277.00001 \30940221.1
72
Page8
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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Page 14
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
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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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(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
85
86
87
88
89
Agenda Item No.: 8.J
Mtg. Date: 07/10/2023
TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM:CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO
CITY MANAGER
THRU:ELAINE JENG P.E., CITY MANAGER
SUBJECT:PREPARE A GRANT APPLICATION FOR THE FEDERAL EMERGENCY
MANAGEMENT AGENCY (FEMA) HAZARD MITIGATION GRANT
PROGRAM FOR ADDITIONAL FIRE FUEL ABATEMENT IN ROLLING
HILLS; APPROVE FIRST AMENDMENT TO PROFESSIONAL SERVICES
AGREEMENT WITH MNS ENGINEERS, INC. TO PREAPRE THE GRANT
APPLICATION FOR A NOT-TO-EXCEED AMOUNT OF $30,470; AND
ADOPT BY RESOLUTION NO. 1345 AUTHORIZING A BUDGET
MODIFICATION OF $30,470.
DATE:July 10, 2023
BACKGROUND:
In 2020, the Federal Emergency Management Agency (FEMA) awarded the City with $1M
from the Hazard Mitigation Grant Program (HMGP) for the creation of defensible space/fuel
breaks. The project was divided into two phases and the first phase of the project was
completed in February 2022. FEMA is currently reviewing the environmental assessment
completed in Phase 1 before releasing funds for Phase 2 to remove fire fuel.
At the March 27, 2023 City Council meeting, staff reported to the City Council that another
round of HMGP funds were made available by FEMA through the California Governor's Office
of Emergency Services (CalOES). The Los Angeles County Fire Department (LACFD)
advised the City to continue seeking grant funds to perform similar work elsewhere in Rolling
Hills to further mitigate wildfire risks. As advised by the LACFD, staff also reported to the City
Council that grant writer services were being solicited in pursuit of additional grant monies for
fuel abatement. The City Council supported staff's approach.
In 2019, MNS Engineers, Inc. (MNS) assisted the City in submitting two utility undergrounding
projects through the FEMA HMGP. The City was successful in both applications and received
nearly $4M of grant funds for both projects.
Due to their familiarity with the HMGP requirements and the City of Rolling Hills, staff
requested that MNS provide a proposal to prepare and submit a Notice of Intent (NOI) by
90
FEMA's stipulated deadline of May 10, 2023 and the full grant application if the NOI was
selected to move forward in the process.
On April 24, 2023 the City Council approved a professional services agreement with MNS for
a not-to-exceed amount of $10,000 to prepare and submit the NOI.
The NOI was submitted prior to the May 10, 2023 deadline. CalOES reviewed the NOI's and
then selected certain projects to move forward and submit a complete grant application for
funding.
On May 31, 2023, the City received an approval from CalOES for the submitted NOI titled
Rolling Hills Vegetation Management 2023 Project as an eligible HMGP activity. The Federal
share request amount is $3,049,875 and the required applicant match amount is $1,016,625.
DISCUSSION:
The proposed wildfire and vegetation management project will reduce the risk of wildfire at
three locations (Klondike, Willow, and Georgeff Canyons) within the Rolling Hills community by
reducing fuel continuity, fire spread, and extreme fire behavior along these sites. The project
will be phased and includes phase 1 to complete environmental clearance, and phase 2 to
focus on vegetation removal. The NOI as submitted is attached.
On June 28, 2023, staff and MNS participated in a first round of Technical Assistance Calls
with CalOES specific to this FEMA HMGP to discuss project scoping and benefit cost analysis
as a precursor to preparation and submission of the subapplication that is due on August 4,
2023. CalOES will review between August 2023 and January 2024 and then submit to FEMA
in January 2024 for further review.
The fee proposed by MNS to prepare the grant application by August 4, 2023 is $30,470. If
the City Council decides to engage MNS for service, MNS's Professional Services Agreement
would be amended to include the scope.
FISCAL IMPACT:
The adopted Fiscal Year 2023-2024 budget does not include $30,470 for a grant writer in
account 01-01-890 and will require a budget amendment. Council action is required to amend
the budget and increase budgeted appropriations by $30,470 from available General Fund
Reserves. The use of General Fund Reserves is consistent with City policy.
RECOMMENDATION:
Approve as presented.
ATTACHMENTS:
GR_OES_230510_PA-00002235_CalOES_HMGP_NOI_Submission.pdf
CA_AGR_230406_MNS-Engineers_GrantWriting_E.pdf
CA_AGR_230710_MNS-Engineers_HMGP_SubApp_Amendment01.pdf
ResolutionNo1345_MNS-Engineers_BudgetAmendment.pdf
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PA-00002235
Information
Pre-App Number PA-00002235 Owner
First Name of Person
Completing NOI
Christian Last Name of Person
Completing NOI
Horvath
Subapplicant Name (Entity)Rolling Hills, City of City
018945170
037-62602
NOI Status
Application Status Pending Review Sub-Applicant Eligible
Status Reason Activity Eligible
NOI Information
Project Wildfire & Vegetation Management
Hazard Fire HMA Program HMGP
Address Information
Street Address 2 Portuguese Bend Road Los Angeles
City Rolling Hills Region Southern
State CA Zip Code 90274
Project/Plan Information
Rolling Hills Vegetation Management 2023 Project This wildfire and vegetation management project will
reduce the risk of wildfire at three locations (Klondike,
Willow, and Georgeff Canyons) within the Rolling Hills
community by reducing fuel continuity, fire spread, and
extreme fire behavior along these sites. The project will
be phased and includes phase 1 to complete
environmental clearance, and phase 2 is vegetation
removal.
Subapplicant Type
EIN (For Private Non- Profits)DUNS
FIPS
Subapplication Type Project Type
County
Project / Plan Title Brief Summary
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33°45'51''N 118°20'18''W 36
Previous Subapplication Information
No Previously Submitted under
this Program:
Potential for Duplication of Programs
No If yes, identify the Federal
Entity
Work Started/Authority
No Description of work
started/completed
Yes Entity Responsible For
Operation
Feasibility
Yes Mitigation is dependent on
Yes If yes, what is available?Los Angeles County Fire Department Site Assessment
Design documents for this
project?
No If yes, what is available?
No Is there increased level of
protection?
Problem Statement
The City of Rolling Hills is designated as a Very High Fire Hazard Severity Zone (VHFHSZ) by the California State Fire Marshall. The City has
historically been subject to fires/wildfires threatening loss of life and property, and with the City’s aging population and lack of dual street egress,
the loss of life risk is increased. The City abutts more than three (3) miles of wildland-urban interface (WUI), where the undeveloped wildland and
vegetative fuels meet homeowners’ properties, both in the nature reserve and the steep-slope canyons that run through the incorporated land.
Many of the homes in Rolling Hills are located at the top of ridgelines with canyon drainages below. Canyons have large amounts of untreated
vegetation that can threaten homes during a wildfire. According to the Society of American Foresters, the WUI zones have the most “tremendous
risks to life, property, and infrastructure… and is one of the most dangerous and complicated situations firefighters face.”
The most recent fire in Rolling Hills was in October 2018. The small fire erupted when an animal scurried along the above ground electrical line
and touched the transformer. The transformer blew up and the pole caught on fire. At the same time, a spark fell to the ground and the vegetation
and fence adjacent to the pole caught fire. A wildfire occurred between August 27-28, 2009, and burned through approximately 230 total acres.
The fire is believed to have originated from wildlife interference and exacerbated by wind at the Portuguese Bend Nature Reserve in Rancho
Palos Verdes where 165 acres were charred. The remaining 65 were burned in Rolling Hills. Dozens of homes were threatened and
approximately 1,200 residents were forced to evacuate.
Activity Location Project Duration (in Months)
Subapplication previously
submitted?
Project number of previous
submission
Another Federal entity has
authority?
Physical project work already
started?
Subapplicant is responsible
for asset?
Independent mitigation
activity?
Planning studies or feasibility
reports?
Is activity repair or
maintenance?
Describe the problem to be
mitigated
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The City recognizes the severity of its vulnerability to fire and has developed a number of community fire mitigation tactics, such as: policies that
require property owners to create a defensible space around their home, fire-safe roofing requirements, city-wide smoking ban, educational
information on the City’s website, and monthly electronic newsletter (posted to the City’s website and mailed) keeping all residents updated on fire
hazards and mitigation guidelines.
Between December 2020 and February 2021, the Los Angeles County Fire Department (LACOFD) conducted site visits in Rolling Hills to
determine priority locations for vegetation management in the canyons. LACOFD assessed 11 canyons and prioritized based on directional winds.
Solution Description
The proposed Rolling Hills Vegetation Management 2023 Project will take place within city limits, in a community with 685 homes and 1,960
residents. The Project will target 3 canyons in the city and anticipates reducing fuel by 50% - 70% tonnage per acre in the targeted area creating a
defensible space in case of a damaging wildland fire. The proposed method to remove hazardous fuels from the environment and create
defensible space are: 1) Mechanical treatments using machine activities designed to change the size and arrangement of the biomass. These
treatment methods include thinning, chipping, and pruning of lower tree branches. 2) Goats –Used for fuel load reduction in dense understory and
utilized in areas too rugged for mechanized equipment. This technique takes time but includes returning goats to the identified sites for up to 4
years.
The City will contract with both a fire mitigation specialist through the local Fire Department and a vegetation management/erosion control-
specialized contractor to lead the mitigation and will make every effort to reach out to the small, disadvantaged, and veteran business community
with its bid process. Each bidder will be asked to propose the best type(s) of mitigation, vegetation management, and erosion control.
The following is the expected high-level Scope of Work and includes:
1) Work with the City’s designated Project Manager(s), local and regional fire officials, local representatives of the USFS and BLM (as applicable),
and the Rolling Hills Community Association (RHCA)
2) Attend regular coordination meetings and provide Project updates
3) Identification of the best type(s) of vegetation management based on the topography and geography of the area to be mitigated
4) Determine the sites within the 3 canyons a highest fire risk
5) Prepare a draft action, SOW, design plan and implementation.
Once above tasks have been completed, the contractor will implement the design and action plan.
The City of Rolling Hills sits on hilly land on the Palos Verdes Peninsula bordered by the cities of Rancho Palos Verdes and Rolling Hills Estates,
and the Portuguese Bend Reserve. The topography and geography of the City and the Wildland-Urban Interface (WUI) make it especially
vulnerable to fires. Klondike Canyon is at-risk from wind driven fires originating from the southwest. Georgeff and Willow Canyons would be at-risk
from wind driven fires originating from northeast winds. The terrain is characterized by chapparal-filled steep slope canyons running throughout,
the Reserve (which is in a natural state with highly combustible fire fuel/dead vegetation) heavily landscaped properties, and tree-lined streets.
Fire danger in the City is most critical during the late summer and fall months, especially when Santa Ana weather conditions prevail. Plant fuels
posing the greatest threat during this period will be those located on the south-facing slopes. After the project is complete, the City intends to
partner with the Palos Verdes Peninsula Land Conservancy to ensure the defensible space is managed.
Some properties have extended the clearance from their fence line down mid-slope into the canyon below. This project could set the example for
other property owners to continue fuels reduction in these canyons. Properties continue clearance mid-slope down into the canyon with homes
above and target vegetation for removal with spacing in mind by removing fuel continuously. Some of the canyons do have access to mechanical
equipment and to chip removed materials. Larger brush in the canyons could be trimmed up and ladder fuels removed. The expected outcome of
this project will help slow the spread of fire, reduce flame lengths, lower amount of ember cast, and reduce fire intensity in case of wildfire. This
project allows for better defensible space of structures and allow firefighters opportunities to aggressively suppress wildland fire with ground and
air resources.
The Project will be managed by Elaine Jeng, City Manager. Ms. Jeng will receive support from John Signo, Planning and Community Services
Director, and Christian Horvath, Executive Assistant to the City Manager. Mr. Signo and Mr. Horvath's roles will be to conduct public outreach,
competitively solicit the services of consultants and contractors to complete the project. The environmental assessment for the project is expected
to be performed by a third party consultant. The vegetation management work is expected to be performed by third party contractors. The
purchase of equipment will be performed by in-house personnel.
What is the mitigation action?
Protection From Future
Natural Hazards
Implementation Plan For
Mitigation
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Phase Determination
Is (are all) Project Site(s)
identified?
Yes What is the percentage level of
design?
0%
Is this project phased?Yes
Benefit Cost Analysis
Yes If yes, what is available?Fire Suppression Costs
Buildings Protected by Defensible Space
Value of Infrastructure
Yes If yes, what is available?Los Angeles County Fire Department Assessment of
Priority Sites December 2020-February 2021
Activity Cost
$4,066,500.00 $1,016,625.00
$3,049,875.00 Percentage of Subapplicant
Match
25.0%
Percentage of Federal Request
Share
75.0%City General Fund
Local Hazard Mitigation Plan Information
Yes 3/7/2019
Adopted Yes
Created By Christian Horvath, 5/9/2023, 8:28 AM Last Modified By Christian Horvath, 5/10/2023, 9:28 AM
Contact Roles
CR-00008595
Contact Christian Horvath
Role Primary Contact
Type Primary
CR-00008596
Contact Elaine Jeng
Role Primary Contact; Responsible Representative
Type Primary
Do you have documented past
damage/loss?
Do you have data on the
extent of risk?
Total Activity Cost Non-Federal Cost Share
Federal Request Share
Source of subapplicant match
Does your entity have an
active LHMP?
LHMP Approval Date
LHMP Development Status Activity in Mitigation Plan
95
96
97
98
99
100
101
102
103
104
105
FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
THIS FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (“First
Amendment”) is made and entered into this 10th day of July 2023 by and between the CITY
OF ROLLING HILLS, a California municipal corporation (hereinafter the “CITY”), and MNS
ENGINEERS, INC., with principal offices at 100 E. Thousand Oaks Boulevard, Suite 105,
Thousand Oaks CA, 91360, (hereinafter the “CONSULTANT”).
R E C I T A L S
A. On April 24, 2023, the City entered into a Professional Services Agreement with
Consultant (“Agreement”) for the Consultant to prepare and submit a notice of intent (“NOI”) for
grant funds for additional fire fuel abatement in Rolling Hills;
B. The Consultant consulted with City staff, drafted and submitted the City’s NOI.
B. On May 31, 2023, the City received a response from the California Governor’s
Office of Emergency Services (“Cal OES”) that the City’s Hazard Mitigation Grant Program
NOI was reviewed by Cal OES staff and determined to represent an eligible Hazard Mitigation
Grant Program activity and stated that to continue the process, the City must submit its sub-
application by August 4, 2023.
C. The Parties now desire to amend the Agreement to add to the scope of work,
extend the term, and state the costs for the work provided by the Consultant (“First
Amendment”).
F. Consultant is well qualified by reason of education, training, and experience; and
G. Consultant is willing to render such services on the terms and conditions as
hereinafter defined.
NOW, THEREFORE, in consideration of the foregoing and the covenants and
agreements set forth below, City and Consultant agree as follows:
1. Section 1 “Scope of Services” of the Agreement is amended to read as follows:
“1. SCOPE OF SERVICES. Consultant shall perform all work necessary to
complete in a manner satisfactory to CITY the services set forth in the scope of
work attached as Exhibit B to this First Amendment. To the extent Exhibit B
conflicts with this Agreement or any amendment, this Agreement or amendment
shall control.”
2. Section 2 “Compensation” of the Agreement is amended to read as follows:
“2. COMPENSATION. Compensation shall not exceed thirty thousand, four
hundred and seventy dollars ($30,470) for services rendered pursuant to Exhibit
106
B. Consultant shall submit to the City, by no later than the 10th day of each
month, its invoice for services describing the services, time spent on the
services, and the date services were performed and itemizing the fees incurred
during the previous month. The City shall pay the Consultant all uncontested
amounts set forth in the Consultant's invoice within 30 days after it is received.
3 Paragraph 3 “Term and Termination” of the Agreement is amended to read as follows:
“3. Term and Termination. The term of this Agreement shall commence upon
full execution and terminate after one year of execution of this First Amendment
unless extended by mutual written agreement of the parties. City may terminate
this Agreement at any time, with or without cause. In such event, Consultant shall
be compensated for work satisfactorily accomplished up to the time of
termination.
2. All terms and conditions of the Agreement not amended by the First Amendment remain
in full force and effect.
IN WITNESS WHEREOF, the Parties hereto have executed this First Amendment on
the date and year first above written, and it is effective as of July 10, 2022.
CITY OF ROLLING HILLS MNS, ENGINEERING, INC.
__________________________ __________________________
Interim City Manager Vice President, Government Services
DATE:___________ DATE:_____________
ATTEST:
__________________________
CITY CLERK
APPROVED AS TO FORM:
__________________________
PATRICK DONEGAN
CITY ATTORNEY
107
EXHIBIT B
108
100 E. Thousand Oaks Boulevard, Suite 105 | Thousand Oaks, CA 91360
323.484.5737 DIRECT 323.797.1498 CELL
mnsengineers.com
SENT VIA EMAIL
July 5, 2023
City of Rolling Hills
Attention: Christian Horvath, City Clerk / Executive Assistant to the City Manager
2 Portuguese Bend Road
Rolling Hills, CA 90274
SUBJECT: Fee Proposal–Grant Writing Services. Hazard Mitigation Grant Program-Wildfire Fuel Breaks
Dear Mr. Horvath,
Thank you for the opportunity to provide grant writing services in conjunction with the Hazard Mitigation Grant
Program (HMGP). MNS Engineers seeks to assist the City of Rolling Hills (City) with preparation of a HMGP a
subapplication to secure funding for a wildfire fuel break hazard mitigation project. MNS will engage with the
California Governor’s Office of Emergency Services (CAL OES) throughout the process of subapplication
development.
Enclosed is our fee proposal to provide these services for a total fee of $30,470. We look forward to working
with the City and helping deliver a successful HMGP subapplication.
Sincerely,
MNS Engineers, Inc.
Greg Jaquez, PE
Principal Project Manager
Government Services Division
323.484.5737 DIRECT
gjaquez@mnsengineers.com
Enclosed: Grant Writing Fee Proposal
GAJ
109
CITY OF ROLLING HILLS
HAZARD MITIGATION GRANT PROGRAM—GRANT WRITING SERVICES
PAGE 2
Project Understanding
MNS Engineers (MNS) understands the City of Rolling Hills (City) is seeking consultant support to provide
grant writing services for preparing a Hazard Mitigation Grant Program (HMGP) subapplication. MNS
understands the City is in a high-risk Fire Hazard Severity Zone as identified by Cal Fire. The City has
successfully secured funding in 2019 to construct wildfire fuel break project along open space areas adjacent
to roadways within the City. The City is seeking to expand the development of fuel break spaces in additional
areas of the City and fund their development with another HMGP grant. Locations for additional planned fuel
breaks have been determined through analytical work and a report recently prepared the by the Los Angeles
County Fire Department (LACFD).
Project Approach/Scope of Work
The MNS approach to grant writing is to establish a mutual understanding between the MNS grant writing
team and City staff on committed collaboration in the development of the grant application. The grant pursuit
needs to be made a priority among all involved up to the submittal deadline and beyond. A successful, quality
grant writing product depends on a team approach between MNS and City staff such that MNS staff acts as an
extension of City staff for the duration of the grant application development and subsequent activities related to
the grant pursuit.
MNS will work closely and efficiently with City staff and stakeholders to collect and utilize the most up to date
and readily available information and date necessary to formulate the application package in order to match it
with the Project’s funding requirements. MNS will work closely with City representatives and stakeholders to
confirm the basic messaging in the narrative of the grant application.
This grant writing effort will be delivered through completion of a HMGP Subapplication.
TASK 1 – PROJECT MANAGEMENT
MNS will act as the coordinating point for the development of the grant application under the direcon of City
staff. The MNS Project Manager (PM) will maintain a project file in which all project documents including draft
and final application materials and atachments will be stored. The MNS PM will be responsible for budget
control and overall guidance and supervision of project delivery.The MNS PM will hold a virtual kickoff meeting
with City leadership and staff to discuss the development of a project scope. Additional meetings with City may
occur during the progress project scoping and grant writing. MNS will hold internal progress check-in meetings
to ensure progress on task assignments. MNS will interact, as needed, with CAL OES staff to clarify content
requirements of the application and convey questions to the CAL OES staff either posed by MNS or City staff.
Deliverables. Agenda, meeting minutes, email reports to City staff on MNS communications with CAL
OES staff.
TASK 2 – DATA GATHERING, RESEARCH, AND PROJECT SCOPE DEVELOPMENT
MNS will request City staff to provide information relevant to the project that is known to be available and
useful in furthering the development of the project scope. The request for information will be prepared as a
110
CITY OF ROLLING HILLS
HAZARD MITIGATION GRANT PROGRAM—GRANT WRITING SERVICES
PAGE 3
matrix of items submitted by email to which the City can respond. MNS will independently research information
for responding to content requirements of the NOI and subapplication. MNS will develop a project scope
description, CADD-generated concept plans and cross-sections, and an opinion of probable cost (engineer’s
estimate) for use in the subapplication.
Deliverable. Information request matrix. Tabulation of collected information for use as source material in
the NOI. Project scope description, opinion of probable cost.
TASK 3 – MEETINGS AND PRE-SUBMITTAL COMMUNICATIONS WITH CAL OES
Open communications with CAL OES are critical to the development of a subapplication. Interpretations of the
quality of hazard mitigation projects in conjunction with CAL OES priorities is essential to determining
decisions to move forward with the subapplication stage of the HMGP process. MNS will arrange any
necessary meetings with CAL OES staff to discuss presently known details and objectives of the project
proposal and obtain feedback from CAL OES on additional elements to address in the subapplication.
Deliverable. Notes on meetings with CAL OES.
TASK 4 – SUBAPPLICATION PREPARATION
Information will be drawn from collected documents, project scoping and cost estimation, and continued
collaboration to prepare the subapplication. Specific components of the subapplication include the following:
• 4.1 - HMGP Project Subapplication Form
o 4.1.01 - Supapplicant Information
o 4.1.02 - Local Hazard Mitigation Plan Information
o 4.1.03 - Community Information
o 4.1.04 - Project Information
o 4.1.05 - Work Schedule Information
o 4.1.06 - Cost Estimate Information
o 4.1.07 - Benefit/Cost Effectiveness Information
o 4.1.08 - Maintenance Assurance Information
o 4.1.09 - National Flood Insurance Program (NFIP)
o 4.1.10 - Environmental Information
o 4.1.11 - Project Conditions
o 4.1.12 - Authorization
• 4.2 - HMGP Project Subapplication Supporting Documents
o 4.2.01 - Scope of Work
o 4.2.02 - Design Plans (N/A)
111
CITY OF ROLLING HILLS
HAZARD MITIGATION GRANT PROGRAM—GRANT WRITING SERVICES
PAGE 4
o 4.2.03 - Studies (N/A)
o 4.2.04 - Maps
o 4.2.05 - Photos
o 4.2.06 - Schedule
o 4.2.07 - Cost Estimate Spreadsheet
o 4.2.08 - Local Match Commitment Letter
o 4.2.09 - BCA Report
o 4.2.10 - Project Maintenance Letter
o 4.2.11 - FEMA's Site Information, Environmental Review, and Checklist
o 4.2.12 - Subrecipient Grants Management Assessment Form
o 4.2.13 - Additional Supporting Documentation
Deliverable. Completed Subapplication.
TASK 5.0 – FINAL QA/QC AND SUBMITTAL
Throughout the development of the subapplication components, the MNS PM will provide ongoing quality
assurance/quality control (QA/QC) review of the grant writing deliverables. A Draft Final version of the
application will be provided to City staff for review and comment. Upon completion and assemblage of the final
grant application deliverable, the MNS grant writing team will submit the application to CAL OES via the
Engage Cal OES Portal.
Deliverable. Completed Final Project Subapplication and Receipt of Submittal from CAL OES.
TASK 6.0 – POST SUBMITTAL COMMUNICATIONS WITH CAL OES
CAL OES may contact the City with questions about the submitted subapplication. MNS will support the City
by providing responses to CAL OES’s questions in emails, any necessary changes to submitted documents, or
any new documentation requested.
Deliverables. Response emails and document changes.
Fee Proposal
The proposed fee to provide the aforementioned grant writing services is $30,470 as shown in the enclosed
fee proposal table.
112
Grant Writing Services for
City of Rolling Hills
Hazard Mitigation Grant Program
Project ManagerCADD ManagerSenior CADD TechnicianSenior Grant WriterGrant AssociateTask 1.0 –Project Management
1.1 - Kickoff Meeting, Coordination Meetings, Project Oversight 4.0 3.0 3.0 10.0 $2,030
10.0 $2,030
Task 2.0 – Data Gathering, Research, and Project Scope Development
2.1 – Data Gathering and Research 4.0 4.0 8.0 $1,320
2.2 - Project Scope Development 6.0 3.0 24.0 33.0 $6,000
41.0 $7,320
Task 3.0 – Meetings and Pre-submittal Communications with Cal OES
3.1 - Meetings and Pre-submittal Communications with Cal OES 2.0 4.0 6.0 $1,240
6.0 $1,240
Task 4.0 – Subpplication Preparation
4.1 - HMGP Project Subapplication Form
4.1.01 - Supapplicant Information 4.0 4.0 $720
4.1.02 - Local Hazard Mitigation Plan Information 4.0 4.0 $720
4.1.03 - Community Information 4.0 4.0 $720
4.1.04 - Project Information 4.0 4.0 $720
4.1.05 - Work Schedule Information 3.0 3.0 $780
4.1.06 - Cost Estimate Information 5.0 5.0 $1,300
4.1.07 - Benefit/Cost Effectiveness Information 4.0 8.0 12.0 $2,240
4.1.08 - Maintenance Assurance Information 2.0 2.0 $360
4.1.09 - National Flood Insurance Program (NFIP)2.0 2.0 $360
4.1.10 - Environmental Information 4.0 4.0 $600
4.1.11 - Project Conditions 1.0 1.0 $180
4.1.12 - Authorization 1.0 1.0 $180
4.2 - HMGP Project Subapplication Supporting Documents
4.2.01 - Scope of Work 8.0 8.0 $2,080
4.2.02 - Design Plans (N/A)0.5 0.5 $90
4.2.03 - Studies (N/A)0.5 0.5 $90
4.2.04 - Maps 4.0 4.0 $600
4.2.05 - Photos 4.0 4.0 $600
4.2.06 - Schedule 4.0 4.0 $1,040
4.2.07 - Cost Estimate Spreadsheet 4.0 4.0 $600
4.2.08 - Local Match Commitment Letter 2.0 2.0 $360
4.2.09 - BCA Report 10.0 10.0 $1,500
4.2.10 - Project Maintenance Letter 2.0 2.0 $360
4.2.11 - FEMA's Site Information, Environmental Review, and Checklist 4.0 4.0 $600
4.2.12 - Subrecipient Grants Management Assessment Form 2.0 2.0 $300
4.2.13 - Additional Supporting Documentation 2.0 2.0 $300
93.0 $17,400
Task 5.0 – Final Quality Assurance/Quality Control Review and Subpplication Submittal
5.1 – Final Quality Assurance/Quality Control Review and Application Submittal 3.0 2.0 5.0 $1,140
5.0 $1,140
Task 6.0 – Post Submittal Communications with Cal OES and City
6.1 – Post Submittal Communications with Cal OES and City 1.0 6.0 7.0 $1,340
7.0 $1,340
Hours 40.0 3.0 24.0 46.0 49.0 162.0
Cost $10,400 $600 $3,840 $8,280 $7,350 $30,470
MNS
Total MNS HoursTotal MNS Costs$260 $180 $150$200 $160Hourly
Rate
TOTAL PROPOSED FEE
113
RESOLUTION NO. 1345
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ROLLING HILLS. CALIFORNIA
AUTHORIZING A FISCAL YEAR 2023-2024
BUDGET MODIFICATION TO APPROPRIATE
$30,470 IN THE GENERAL FUND FUNDED FROM
AVAILABLE GENERAL FUND RESERVES FOR
GRANT WRITING SERVICES FROM MNS
ENGINEERS, INC. FOR DRAFTING AND
SUBMITTAL OF THE CITY’S SUB-APPLICATION
FOR FIRE FUEL ABATEMENT ACTIVITIES
THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA,
DOES HEREBY RESOLVE, DECLARE, DETERMINE, AND ORDER AS
FOLLOWS:
Section 1. Recitals.
A. It is the intention of the City Council of the City of Rolling Hills to
review the adopted budget from time to time.
B. On April 24, 2023 City Council meeting, the City Council entered
into a Professional Services Agreement with MNS Engineers, Inc. to prepare and
submit a notice of intent for grant funds for additional fire fuel abatement in
Rolling Hills.
C. On May 31, 2023, the City received a response from the California
Governor’s Office of Emergency Services (“Cal OES”) that the City’s Hazard
Mitigation Grant Program NOI was reviewed by Cal OES staff and determined to
represent an eligible Hazard Mitigation Grant Program activity and stated that to
continue the process, the City must submit its sub-application by August 4, 2023.
D. MNS Engineers, Inc. quoted the City $30,470.00 to prepare and submit
the City’s sub-application to Cal OES.
D. The City desires to appropriate $30,470.00 in the General Fund
funded from available General Fund reserves to fund the First Amendment to the
Professional Services Agreement with MNS Engineers, Inc. attached as Exhibit
“A.”
Section 2. The sum of thirty thousand and four hundred and seventy
dollars ($30,470.00) is hereby appropriated in the General Fund to fund the First
Amendment to the Professional Services Agreement with MNS Engineers, Inc.
114
Section 3. This Resolution shall take effect immediately upon its
adoption by the City Council, and the City Clerk shall certify to the passage and
adoption of this Resolution and enter it into the book or original resolutions.
PASSED, APPROVED, AND ADOPTED this 10th day of July, 2023
______________________________
PAT WILSON
MAYOR
ATTEST:
___________________________
CHRISTIAN HORVATH
CITY CLERK
115
Exhibit A
116
Agenda Item No.: 11.A
Mtg. Date: 07/10/2023
TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM:ROBERT SAMARIO, FINANCE DIRECTOR
THRU:ELAINE JENG P.E., CITY MANAGER
SUBJECT:A PUBLIC HEARING TO CONSIDER AND APPROVE A RESOLUTION
AUTHORIZING PLACEMENT OF SOLID WASTE SERVICE CHARGES
OWED TO REPUBLIC SERVICES PURSUANT TO ITS SOLID WASTE
FRANCHISE WITH THE CITY OF ROLLING HILLS ON THE FY 2023-
2024 LOS ANGELES COUNTY AUDITOR-CONTROLLER'S OFFICE
ANNUAL TAX ROLL
DATE:July 10, 2023
BACKGROUND:
Pursuant to the provisions of Chapter 8.08 of Title 8 of the City of Rolling Hills Municipal Code
and Article 4 of Chapter 6 of Part 3 of Division 5 of the California Health and Safety Code,
commencing with Section 5470, the City Council is authorized to levy the annual sanitation
service charge and to have such charge collected on the tax roll in the same manner, by the
same persons, and at the same time as, together with and not separately from, the general
taxes of the City.
DISCUSSION:
The following is a summary of the services and activities associated with the sanitation charge:
To protect public health and safety, Contractor shall provide and maintain all labor,
equipment, material, supplies, supervision and all other items necessary for the
Collection of all Solid Waste, Recyclable Materials, Green Waste, Bulky Items, and
Brush generated or accumulated within the City from Residential Premises and City
Facilities. The services provided by the Contractor under this Agreement shall be
performed in a thorough and professional manner so that all Customers are provided at
all times with reliable, courteous and high-quality Solid Waste Management Services.
Contractor shall collect all properly placed Solid Waste, Recyclable Materials and
Organic Waste from the designated collection location of every residential premises in
the City twice each week.
Each year in spring, and again in the fall, Contractor shall collect an unlimited amount of
Bulky Items, and Green Waste from the designated collection location.
In addition to the semi-annual Bulky Item and Green Waste Collection events, Contractor
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shall provide Customers with on-call Collection for Bulky Items upon request. Contractor
shall collect one (1) Bulky Item per calendar year from each Residential Premises at no
charge on an on-call basis.
Contractor will provide additional services as outlined in the Amended and Restated
Agreement for Residential Solid Waste Management Services.
For Fiscal Year 2015-2016, the sanitation charge in the amount of $1,100 per parcel was
established. The sanitation charge remained unchanged for seven years. For Fiscal Year
2023-2024, the cost of providing sanitation services increased to $1,432.11 per parcel. The
increase from the $1,100 per parcel over the last six fiscal years to $1,432.11 per parcel is that
for each fiscal year the rates are recommended to the City by Republic Services based on
their actual costs for service, which include adjustments for the Consumer Price Index (CPI)
and landfill costs. The Franchise Agreement requires that Republic Services annually provide
evidence of the CPI adjustment to the City Manager for review and approval.
On June 12, 2023 the City Council held a public hearing, after making a finding that a majority
protest to the refuse rate increase did not exist, approved raising the annual refuse
assessment charge from $1,100 to $1,432.11. This will eliminate the subsidy that has been
provided to the Refuse Fund and refuse customers from the General Fund. Thus, the
sanitation service charge for 2023-2024 will be $1,432.11 per parcel. The sanitation charge is
based on the direct cost of providing the service. The enclosed Report contains detailed
information about the annual charge and the charge to be applied to the parcels.
Due to the absence of a majority protest by property owners within the City of Rolling Hills, the
City Council may order implementation of City sanitation service charge on the FY 2023–24
property tax rolls by adopting the enclosed Resolution with the attached Report. Council action
on the staff recommendation is required in order to place the annual charge on the tax roll.
A notice of the July 10, 2023 public hearing was published in the Daily Breeze on June 28,
2022 (see attached Affidavit.)
FISCAL IMPACT:
The anticipated total revenue is approximately $1,005,336 which is included in the 2023-24
Budget.
RECOMMENDATION:
Staff recommends that the City Council open the public hearing, and:
1. Make a finding that there is no majority protest by property owners within the City of Rolling
Hills; and
2. Adopt Resolution No. 1341 placing the sanitation service charge on the annual County of
Los Angeles Tax Roll.
ATTACHMENTS:
CL_AGN_220711_CC_RH_ParcelMap_20200724_withRoads.pdf
ResolutionNo1341_FY 23-24_AnnualRefuseAssessment.pdf
CL_AGN_230710_TaxRoll_FY23-24.pdf
CL_AGN_230710_CC_SanitationReport.pdf
CL_PBN_230710_PH_CC_FY23-24_RefuseDirectAssessmentBilling_Affidavit.pdf
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RollingHillsEstates
RollingHillsEstates
Rolling Hills
RanchoPalosVerdes
RanchoPalosVerdes
Delacroix Rd Rolling Hills RdPeppertree RdForrestal Dr Middleridge RdLariat Ln
Crest Rd E
Middlecrest R
d
Greve Dr
Avenue De MagnoliaDiamondhead LnSouthfield DrBlackhorse Rd
Silver Spur Rd
Main Sail DrCrest RdCrownview Dr
Bronco Dr
Saddleback Rd
Via El MiroKnoll View DrVia El Miro PlRobinview LnUpper Blackwater Canyon RdR o u s s e a u L n
Crest Rd W Palos Verdes Dr EBolan Ln
Roan Rd
P o n y L n
Storm Hill LnBeechgate DrOreLower Blackwater Canyon RdP
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Roseapple Rd
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Wideloop RdAcacia Ln
Spur Ln
Falcon Rock Pl
Crestridge RdMus
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ang RdAbrazo DrPalomino Ln
Palos Verdes Dr N
Highpoint RdW Academy DrRingbit Rd W
Cherry Hill LnRanchero RdTravis LnM e a d o w l a r k L n
Roundup RdShady Vista RdLone Valley Dr
Hackamore RdTa
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d Flying Mane RdAvenida De AzaleaEl Concho LnEastfield Dr Dapplegray LnOceanaire Dr
Reata Ln
Wagon Ln
Hummingbird LnPascal Pl
Eucalyptus Ln
Chesterfield RdAcacia RdCayuse LnStarline DrP in to L n
Crestwind Dr
Grandpoint Ln
Marion DrPortuguese Bend RdNewridge DrSweetbay Rd
Parkhurst Dr
Longhill Dr Club View LnTallyhand RdMaverick LnDeerhill DrDobbin LnAvenida De CameliaL
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D
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Eastvale Rd
Elkridge Dr
Sagebrush Ln
Narcissa Dr
Ganado Dr
Rockinghorse Rd
Pinto RdHitching Post DrPheasant LnValley View Rd Sunnyf
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d LnPacksaddl
e Rd EPrivate DrwyDeep Valley DrBuckboard LnFlying Mane LnCoveview DrCan yon View LnCrest Rd
Lariat Ln
Limetree Ln
Hillside Ln
Quail Ridge Rd SP acksaddle R d W
R u n n in g B ra n d R d
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ngbit Rd EDel
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Open Brand Rd
Chestnut Ln
C hapa rra l LnH
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rSunnyridge RdBowie Rd
Avenida De RosaSurrey Ln
Golden Arrow Dr
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Portuguese Bend RdBro
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Paseo De CastanaStallio
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d
N
J o h n s C a n y o n R d Rainbow Ridge RdStrawberry LnAppaloosa LnPalo Verdes Dr N
Poppy TrlCinchring Rd Outrider RdBuckskin LnPinetree LnM id d le rid g e L n S
Buggy Whip DrBurma Rd Crenshaw BlvdCity of Rolling Hills Parcel Map Roads
Parcel Boundaries
City Boundaries
Ü
0 0.2 0.4Miles
Map created by Christine Lam (CLam2@isd.lacounty.gov)County of Los Angeles eGIS Group 7/24/2020
120
-1-
RESOLUTION NO. 1341
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ROLLING HILLS CONFIRMING THE LEVYING OF
AN ANNUAL SANITATION (GARBAGE AND REFUSE
COLLECTION) SERVICE CHARGE FOR FISCAL YEAR
2023-24 PURSUANT TO CHAPTER 8.08 OF TITLE 8 OF
THE CITY OF ROLLING HILLS MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA, DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Pursuant to the provisions of Chapter 8.08 of Title 8 of the City of Rolling
Hills Municipal Code and Article 4 of Chapter 6 of Part 3 of Division 5 of the California
Health and Safety Code, commencing with Section 5470, the City Council is authorized
to levy the annual sanitation service charge (the "Charge") and to have such Charge
collected on the tax roll in the same manner, by the same persons, and at the same time
as, together with and not separately from,
the general taxes of the City.
SECTION 2. The City Manager prepared and filed a written report containing a description
of each parcel of real property within the City to which the Charge is applicable (the
“Identified Parcels”) and the amount of the Charge for each such Identified Parcel for
fiscal year 2023-2024 in conformity with Section 8.08.230 of the City of Rolling Hills
Municipal Code and approved such Report as filed.
SECTION 3. Following notice duly given in accordance with law, the City Council
previously held a full and fair public hearing regarding the levy and collection of the
proposed charge for fiscal year 2023-2024 at an earlier meeting. All interested persons
were afforded the opportunity to hear and be heard. The City Council considered all oral
statements and all written protests made or filed by any interested person. A majority
protest did not exist against the annual levy of the sanitation service charge and all oral
and written protests to the levy and collection of the proposed charge for fiscal year 2023-
2024 were overruled by the City Council.
SECTION 4 Based upon its review of the Report, a copy of which has been presented to
the City Council and which has been filed with the City Clerk, the City Council hereby
finds and determines that (i) each parcel in the City benefits from receiving sanitation
service (ii) the net amount to be assessed upon each parcel of real property for fiscal year
2023-2024 in accordance with the Report is apportioned by a formula and method that
fairly distributes the net amount among all assessable parcels in proportion to the
estimated benefits received by each parcel, and (iii) no charge is imposed on any parcel
that exceeds the reasonable cost of the benefits conferred on that parcel.
121
-2-
SECTION 5. Parcels that are owned or used by any county, city, city and county, special
district or any other local governmental entity, the State of California or the United States
shall be charged unless the City demonstrates by clear and convincing evidence that
such parcels receive no benefit from the proposed service.
SECTION 6. As set forth in the Report, the annual sanitation service charge is in
compliance with the provisions of the City of Rolling Hills Municipal code and Article XIIID
of the California Constitution and the City Council has complied with all laws pertaining to
the levy of an annual charge pursuant to the City of Rolling Hills Municipal Code and
Article XIIID of the California Constitution.
SECTION 7. The annual sanitation service charge is levied without regard to property
valuation.
SECTION 8. The City Council hereby finds and determines that the cost of the service
that is financed by the annual sanitation service charge for fiscal year 2023-2024 is
approximately $981,336.
SECTION 9. The City Council hereby determines and imposes the annual sanitation
service charge for fiscal year 2023-2024, at the rates set forth in the Report of $1,432.11
per parcel, which is in compliance with the provisions of the City of Rolling Hills Municipal
code and Article XIIID of the California Constitution.
SECTION 10. The adoption of this resolution constitutes the levy of an annual sanitation
service charge against parcels of property in the City of Rolling Hills for the fiscal year
commencing July 1, 2023 and ending June 30, 2024.
SECTION 11. The County Auditor of Los Angeles County shall enter on the County
Assessment Roll opposite each parcel of land the amount of the annual sanitation service
charge, and such charge, and each installment of the charge, shall be collected in the
same manner, and shall be subject to the same penalties and priority of lien as, other
charges and taxes fixed and collected by, or on behalf of the City. After collection by the
County, the net amount of the charge, after deduction of any compensation due the
County, shall be paid to the Finance Director.
SECTION 12. The Finance Director shall deposit all money representing charges
collected by the County to the credit of the Rolling Hills Refuse Fund.
SECTION 13. The City Clerk is hereby authorized and directed to file the Boundary
Diagram and the list of actual Parcel Charges (a listing of the Assessor's Parcel Numbers
and the amount to be levied on each parcel) with the County Auditor, together with a
certified copy of this Resolution upon its adoption, in addition to any additional information
the County Auditor required to collect the charge with the County taxes.
122
-3-
SECTION 14. A certified copy of this resolution and a copy of the Report and the actual
Parcel Charges (a listing of the Assessor's Parcel Numbers and the amount to be levied
on each parcel) shall be filed in the office of the City Clerk and open to public inspection.
PASSED, APPROVED and ADOPTED this 10th day of July 2023.
________________________________
Patrick Wilson
Mayor
ATTEST:
____________________________________
Christian Horvath
City Clerk
123
1
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124
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Parcel List for County - FY 2023-24.xlsx
125
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Parcel List for County - FY 2023-24.xlsx
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Parcel List for County - FY 2023-24.xlsx
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132
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Parcel List for County - FY 2023-24.xlsx
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Parcel List for County - FY 2023-24.xlsx
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Parcel List for County - FY 2023-24.xlsx
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Parcel List for County - FY 2023-24.xlsx
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7569016008 1432.11
7569017001 1432.11
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Parcel List for County - FY 2023-24.xlsx
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24
Parcel List for County - FY 2023-24.xlsx
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151
ANNUAL SANITATION (GARBAGE AND REFUSE COLLECTION) REPORT
Sanitation Service
The City of Rolling Hills proposes to collect funds to cover the expenses for the sanitation
services provided to each property owner within the City. The following is a summary of the
services and activities associated with the charges:
• To protect public health and safety, Contactor shall provide and maintain all labor,
equipment, material, supplies, supervision and all other items necessary for the
Collection of all Solid Waste, Recyclable Materials, Green Waste, Bulky Items, and
Brush generated or accumulated within the City from Residential Premises and City
Facilities. The services provided by the Contractor under this Agreement shall be
performed in a thorough and professional manner so that all Customers are provided
at all times with reliable, courteous and high-quality Solid Waste Management
Services.
• Contractor shall collect all properly placed Solid Waste, Recyclable Materials and
Organic Waste from the designated collection location of every residential premises
in the City twice each week.
• Each year on two consecutive Saturdays in April or May, and again on a Saturday in
September or October, both as determined by the City, Contractor shall collect an
unlimited amount of Bulky Items from the designated collection location.
• In addition to the semi-annual Bulky Item Collection events, Contractor shall provide
Customers with on-call Collection for Bulky Items upon request. Contractor shall
collect one (1) Bulky Item per calendar year from each Residential Premises at no
charge on an on-call basis.
• Contractor will provide additional services as outlined in the Amended and Restated
Agreement for Residential Solid Waste Management Services.
The frequency, extent, and/or level of the services identified herein may be modified based
on available funding and priorities as determined by the City.
Sanitation Service Charge Calculation
For Fiscal Year 2015-2016, the sanitation charge in the amount of $1,100 per parcel was
established. The sanitation charge remained unchanged through fiscal year 2023.
152
For Fiscal Year 2023-2024, the cost of providing sanitation services increased to $1,432.11
per parcel. The increase from the $1,100 per parcel over the last five fiscal years to $1,432.11
per parcel is based on the direct costs incurred by the City based on the amounts paid to
Republic Services for refuse services, which include adjustments for the Consumer Price
Index (CPI) and landfill costs. The Franchise Agreement requires that Republic Services
annually provide evidence of the CPI adjustment to the City Manager for review and
approval.
On June 12, 2023, the City Council approved an increase to annual sanitation charges of
$332.11 to $1,432.11 per parcel based on the direct cost of providing the service.
Proposition 218 Considerations:
Proposition 218, which the voters of the State of California passed on November 5, 1996,
contains requirements for the imposition of a fee or charge for property related services.
Requirements for fees and charges are contained in Section 6 of Article XIII D.
Paragraph (b) describes the requirements for new, existing, or increased fees and charges as
follows:
(1) Revenues shall not exceed the funds required to provide the services.
(2) Revenues shall not be used for any other purpose.
(3) The amount of the fee or charge imposed upon any parcel or person as an incident of
property ownership shall not exceed the proportional cost of the service attributable
to the parcel.
(4) No fee or charge may be imposed unless the service is actually used by or immediately
available to the owner of the property in question.
(5) No fee or charge shall be imposed for general governmental services, i.e. police,
ambulance, library, where the service is available to the public at large in
substantially the same manner as it is to the property owners.
This report and recommended charges comply with all five of these requirements:
1. Revenues generated by this charge will not exceed funds required to provide
sanitation services and shall not be used for any other purpose, besides what has been
described herein.
2. The sanitation charge does not exceed the proportional cost of providing service to
the parcels in the City and the charge is for actual use by or immediately available to
the owner of the property in question.
Boundary Diagram
The enclosed diagram shows the exterior boundaries of the territory within the City of
Rolling Hills subject to the annual sanitation charges, which has the same boundaries of the
City of Rolling Hills itself. Parcel identification, the lines and dimensions of each lot, and
parcel and subdivision of land within proposed sanitation services boundary described
153
herein are identified and correspond to the Los Angeles County Assessor’s Parcel Maps for
said parcels as they existed at the time this Report was prepared a nd shall include all
subsequent subdivisions, lot-line adjustments, or parcel changes therein.
Reference is hereby made to the Los Angeles County Assessor’s map for a detailed
description of the lines and dimensions of each lot and parcel of land within the City of
Rolling Hills subject to the proposed annual sanitation service charge to be levied on behalf
of the City.
List of Assessor’s Parcel Numbers to be levied with the proposed charge amounts:
Parcel Number Land Use Description Charge
See Attached Residential See Attached
154
CL_PBN_230710_PH_CC_FY23-24 (5007827) - Page 1 of 1
2615 Pacific Coast Highway #329
Hermosa Beach, California 90254
(310) 543-6635
pfernandez@scng.com
City of Rolling Hills
2 Portuguese Bend Road
Rolling Hills, California 90274
Account Number:5007827
Ad Order Number:0011608986
Customer's Reference/PO Number:
Publication:Daily Breeze
Publication Dates:06/28/2023
Total Amount:$510.07
Payment Amount:$0.00
Amount Due:$510.07
Notice ID:vgUBbV9lx1TN95nk3Atf
Invoice Text:CITY OF ROLLING HILLS NOTICE OF PUBLIC HEARING ON THE ANNUAL
SANITATION (GARBAGE AND REFUSE COLLECTION) SERVICE CHARGE AND
THE REPORT PREPARED IN CONNECTION WITH THE ANNUAL SANITATION
(GARBAGE AND REFUSE COLLECTION) SERVICE CHARGE IN THE CITY OF
ROLLING HILLS The City of Rolling Hills annually collects sanitation (garbage and
refuse collection) service charges (“sanitation charges”) on the tax roll in the same
manner, by the same persons, and at the same time as, together with and not
separately from, the general taxes of the City. NOTICE IS HEREBY GIVEN the City
Council of the City of Rolling Hills has caused a written report to be prepared and filed
with the City Clerk regarding the City's sanitation charges for fiscal year 2023-2024.
Such report contains a description of each parcel of real property receiving sanitation
services furnished by the City and the amount of the charge for each parcel for fiscal
year 2023-2024 computed in conformity with Chapter 8.08 of Title 8 of the City’s
Municipal Code. NOTICE IS HEREBY FURTHER GIVEN that on the 10 th day of
July, 2023 at 7:00 P.M. the City Council of the City of Rolling Hills will hold a public
hearing on the above- described report and levy of the annual sanitation charges. The
report is on file in the office of the City Clerk, 2 Portuguese Bend Road, California
90274, and available for public inspection. All City Councilmembers will participate in
an in-person meeting and members of the community are welcome to attend the
meeting at City Hall; however, a live audio of the City Council meeting will be
available on the City’s website ( http://www.rolling-hills.org/ . The meeting agenda will
be on the City’s website ( https://www.rolling-
155
CL_PBN_230710_PH_CC_FY23-24 (5007827) - Page 1 of 1
Daily Breeze
2615 Pacific Coast Highway #329
Hermosa Beach, California 90254
(310) 543-6635
0011608986
City of Rolling Hills
2 Portuguese Bend Road
Rolling Hills, California 90274
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA
County of Los Angeles
I am a citizen of the United States and
a resident of the County aforesaid; I
am over the age of eighteen years, and
not party to or interested in the above-
entitled matter. I am the principal clerk
of the printer of Daily Breeze, a
newspaper of general circulation,
printed and published in the City of
Hermosa Beach*, County of Los
Angeles, and which newspaper has
been adjudged a newspaper of general
circulation by the Superior Court of
County of Los Angeles, State of
California, under the date of June 15,
1945, Decree No. Pomo C-606. The
notice, of which the annexed is a
printed copy (set in type not smaller
than nonpareil), has been published in
each regular and entire issue of said
newspaper and not in any supplement
thereof on the following dates, to wit:
06/28/2023
I certify (or declare) under the penalty
of perjury that the foregoing is true and
correct.
Dated at Hermosa Beach, California
On this 28th day of June, 2023.
______________________________
Signature
*Daily Breeze circulation includes the following
cities: Carson, Compton, Culver City, El
Segundo, Gardena, Harbor City, Hawthorne,
Hermosa Beach, Inglewood, Lawndale,
Lomita, Los Angeles, Long Beach, Manhattan
Beach, Palos Verdes Peninsula, Palos Verdes,
Rancho Palos Verdes, Rancho Palos Verdes
Estates, Redondo Beach, San Pedro, Santa
Monica, Torrance and Wilmington
156
Agenda Item No.: 12.A
Mtg. Date: 07/10/2023
TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM:JOHN SIGNO, DIRECTOR OF PLANNING & COMMUNITY SERVICES
THRU:ELAINE JENG P.E., CITY MANAGER
SUBJECT:CONSIDER AND APPROVE A RENEWAL TO AN AGREEMENT WITH
RACE TELECOMMUNICATION INC. TO PROVIDE BROADBAND
SERVICES THROUGH THE SOUTHBAY COUNCIL OF GOVERNMENTS
(SBCCOG) FIBER NETWORK PROJECT
DATE:July 10, 2023
BACKGROUND:
The Southbay Fiber Network is a dedicated fiber-optic system for the use of the Southbay
Council of Governments (SBCCOG) and its members. The system provides high-speed
connectivity for carrier-grade internet service. The system is built by a team led by American
Dark Fiber (ADF). The ADF team includes HP Communications to manage new construction
and Race Telecommunication Inc. to provide customer service. All capital cost for connecting
early customers will be paid for by the SBCCOG with Measure M (1/2 cent sales tax in Los
Angeles County dedicated to transportation needs) Subregional Funds. Early participants will
pay NO capital costs.
In August 2019, City Council committed to joining the SBCCOG Fiber Network and submitted
a letter of commitment to SBCCOG opting for 3-year term with 1gigabit (Gb) bandwidth. The
price for 1 Gb is $1,000 per month. On June 8, 2020, City Council voted to approve an
agreement with Race Telecommunication Inc. to provide broadband services for a minimum
period of three years.
DISCUSSION:
On June 3, 2020, HP Communications completed the installation of the lateral line to City Hall
to provide broadband services. The external wires are landed in the service closet housing
the water heater, the existing phone circuits, electrical panel and the information technology
devices. A service agreement with Race Telecommunication Inc. was executed shortly
afterward for a 36-month term.
If the City Council approves the agreement with Race Telecommunication Inc., broadband
services will continue to June 2026.
157
Further, SBCCOG is working with member cities for assistance in support of its California
Public Utilities Commission (CPUC) Broadband planning efforts. The task is to develop an
inventory of city-owned assets that will support broadband deployment within cities and across
the region. Staff envisions this could be used to extend service to the City's riding rings and
other areas in Rolling Hills.
FISCAL IMPACT:
Race Telecommunications Inc. bills the City $1,020 per month ($1,000 for dedicated internet
of 1,000 Mbps and $20 for a property tax allotment surcharge). Funds have been included in
the FY 2023-2024 budget. In addition, once SBCCOG reaches its revenue threshold with
other cities, the City will receive a 5% rate reduction.
RECOMMENDATION:
Staff recommends that the City Council approve an agreement with Race Telecommunication
Inc. to provide broadband services for a minimum period of three years.
ATTACHMENTS:
CA_AGR_Race_SBCCOG_RH_Renewal.pdf
CA_AGR_200608_CCStaffReport.pdf
158
SBFN Service Order for City of Rolling Hills
Prepared on 06/29/2023
Service Address: 2 Portuguese Bend Road; Rolling Hills, CA; 90274
DEDICATED INTERNET SERVICES
Term Qty.Setup Monthly Setup Monthly
(1)
Dedicated Internet DIA GIG (1000Mbps/1000Mbps)36m (1)(1,000.00)(0.00)(1,000.00)
Dedicated Internet DIA 2 GIG (2000Mbps/2000Mbps)36m (2,000.00)(0.00)(0.00)
Dedicated Internet DIA 10 GIG (10000Mbps/10000Mbps)36m (2,750.00)(0.00)(0.00)
*60m Term options
* Base monthly package fees DO NOT include federal or state taxes and fees.
SUBTOTAL $0.00 $1,000.00
(1)
OTHER SERVICES-IP services. Telephony, Data center services
Renewal Of services (0.00)
Once the Cog reaches the threshold of Revenue there will be a 5% reduction in
rate- See COG and ADF MSA
(0.00)
(0.00)
(0.00)
(0.00)
* Notes:
SUBTOTAL $0.00
TOTALS ONE-TIME MONTHLY
$0.00 $1,000.00
GENERAL TERMS & CONDITIONS
This estimate is for equipment and/or the installation of service(s) and/or service equipment. All pricing is estimated and is subject to network capacity verification and engineering. Service is delivered to Race demarcation point (MPOE unless
otherwise stated). Extension of service from Race demarcation point to a customer suite is not included unless specified under Extended Installation Services. Standard installation timeframe, from time of order, is approximately 30 days unless
otherwise noted. Federal and/or state taxes and fees are not included. Any additional service outside of the scope of this estimate will require an amendment to the estimate or must be ordered separately. Any hardware being sold does not include
sales tax or shipping and handling fees. Sales tax and shipping fees will be added once estimate is converted to an invoice or billing statement. For customers entering into a term agreement, an early termination fee will apply and will be equal to
the amount of the original setup fee for said package.
LIMITED WARRANTY
This Limited Warranty is limited to one year installation and labor warranty of all components installed by Race. Parts are limited to defects in materials and workmanship of the product as supplied by the manufacturer. If parts are supplied by Race
and defective, they will be exchangeable within 30 days from date of purchase. After 30 days, parts are to be repaired under the manufacturer warranty terms. Should an issue arise within a manufactures warranty period, Race will assist in getting
the product warranted by the manufacturer. This warranty does not cover parts and labor that fail as a result of improper use, misuse, abuse or the failure of another part.
SPECIAL CONDITIONS APPLICABLE TO SBFN SERVICE ORDERS
Authority. Pursuant to Section 12.6 of the ARMSA, Race serves as ADF’s sub-contractor for the management, negotiation and fulfillment of SBFN Service Orders and the delivery of SBFN Products and Services. This SBFN Service Order is being
entered into by and between the Parties so that Customer may obtain SBFN Products and Services from Race consistent with the terms of the ARMSA.
Recurring Charges. Recurring Charges for SBFN Products and Services shall be set in accordance with the terms of Section 3.5 and 3.6 of the ARMSA, and adjusted periodically in accordance with Sections 3.7 and 3.8 of the ARMSA. The Parties
will promptly enter into written amendments to this SBFN Service Order effectuate any adjustments to Recurring Charges required by the ARMSA.
Minimum Service Level Agreement. Race may establish the Service Level Agreement for SBFN Products and Services but in no event shall the Service Level Agreement establish standards that are below the minimum service level obligations for
SBFN Products and Services established in Section 9 and Exhibit F of the ARMSA.
Termination. If the ARMSA is terminated for any reason, this SBFN Service Order shall also terminate without liability to Customer except for payments for SBFN Products and Services rendered up to the date of termination, unless pursuant to its
authority in Section 5.6 of the ARMSA, SBCCOG makes arrangements for Race’s continued provision of SBFN Products and Services to Customer.
Assignments. Neither Party will assign or transfer this SBFN Service Order without the other Party’s prior written consent, except that Race’s prior consent to such assignment shall not be required: (1) if, pursuant to Section 12.6 of the ARMSA, ADF
replaces Race with another qualified provider of equivalent services based in Southern California with the prior written consent of SBCCOG, or (2) if, pursuant to Section 5.6 of the ARMSA, SBCCOG directs an assignment of this SBFN Service
Order and/or SBFN Products and Service to a third party due to the termination of the ARMSA. Further, in the event of any such assignment, Race shall cooperate with Customer and SBCCOG to ensure a smooth transition to the new provider.
Order of Precedence. If any conflict or contradiction exists between the General Terms and Conditions and this SBFN Service Order Form, the terms of the SBFN Service Order Form will control. If any conflict or contradiction exists between this
SBFN Service Order and the SBFN Products and Services Supplement, the SBFN Products and Services Supplement will control. If any conflict or contradiction exists between the SBFN Products and Services Supplement and the terms of the
ARMSA, the ARMSA will control.
AUTHORIZATION
I hereby accept the terms and conditions of this order. By signing, you are authorizing Race to do the work as specified in this agreement and agree to all terms in Race's Master Products and Service Agreement.
CUSTOMER
AUTHORIZED SIGNATURE: _________________________________________________________
PRINT NAME: _____________________________________________________________________
TITLE: ___________________________________________________________________________
EFFECTIVE DATE: _________________________________________________________________
RACE COMMUNICATIONS
AUTHORIZED SIGNATURE: _________________________________________________________
PRINT NAME: _____________________________________________________________________
TITLE: ___________________________________________________________________________
EFFECTIVE DATE: _________________________________________________________________
159
Agenda Item No.: 7.A
Mtg. Date: 06/08/2020
TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM:ELAINE JENG, CITY MANAGER
THRU:ELAINE JENG P.E., CITY MANAGER
SUBJECT:CONSIDER AND APPROVE AN AGREEMENT WITH RACE
TELECOMMUNICATION INC. TO PROVIDE BROADBAND SERVICES
THROUGH THE SOUTHBAY COUNCIL OF GOVERNMENTS (SBCCOG)
FIBER NETWORK PROJECT.
DATE:June 08, 2020
BACKGROUND:
The Southbay Fiber Network is a dedicated fiber-optic system for the use of the Southbay Council of
Governments (SBCCOG) and its members. The system provides high-speed connectivity for carrier-
grade internet service. The system is built by a team led by American Dark Fiber (ADF). The ADF
team includes HP Communications to manage new construction and Race Telecommunication Inc. to
provide customer service. All capital cost for connecting early customers will be paid for by the
SBCCOG with Measure M (1/2 cent sales tax in Los Angeles County dedicated to transportation needs)
Subregional Funds. Early participants will pay NO capital costs.
In August 2019, City Council committed to joining the SBCCOG Fiber Network and submitted a letter
of commitment to SBCCOG opting for 3-year term with 1gigabit (Gb) bandwidth. The price for 1 Gb
is $1,000 per month. The staff report to the August 2019 City Council action is attached to this report
for reference.
DISCUSSION:
The SBCCOG Board approved an Amended and Restarted Master Services Agreement with ADF.
Since then, ADF has been working with HP Communications to build the fiber network ring including
the lateral lines from service sites such as Rolling Hills City Hall, to the ring. On Wednesday, June 3,
2020, HP Communications completed the installation of the lateral line to City Hall. The external wires
are landed in the service closet housing the water heater, the existing phone circuits, electrical panel and
the information technology devices. Broadband service at City Hall can commence pending the
execution of a service agreement with Race Telecommunication Inc.
The General Counsel for the SBCCOG is also the City Attorney for Rolling Hills. The City Attorney
has reviewed the SBCCOG master agreement with ADF as well as the agency agreement with Race
Telecommunication Inc. The City Attorney did not express issues with the contractual terms with Race
1160
Telecommunication Inc presented as a part of this staff report.
If the City Council approves the agreement with Race Telecommunication Inc., broadband services
should commence in early July 2020.
FISCAL IMPACT:
In anticipation of the completion of the fiber network project, and the transition from COX service to
Race Telecommunications Inc., in July 2020, staff programmed $1,000 per month for broadband in the
proposed FY 2020-2021 budget.
RECOMMENDATION:
Staff recommends that the City Council approve an agreement with Race Telecommunication Inc. to
provide broadband services for a minimum period of three years.
ATTACHMENTS:
SBCCOG_FiberNetwork_StaffRPT_2019-08-12.pdf
SBCCOG - City of Rolling Hills #9023 (2)-c1_v2.pdf
SUPPLEMENT FOR SBFN SERVICES-c1-c1.DOCX
5-20-20 BBK edits SBFN Race MSA_ROLLINGHILLS.docx
2161
3162
4163
5164
6165
7166
8167
SBFN Service Order for City of Rolling Hills
Prepared on 05/20/2020 Quote #9023 V3
Service Address: 2 Portuguese Bend Road; Rolling Hills, CA; 90274
DEDICATED INTERNET SERVICES
Term Qty. Setup Monthly Setup Monthly
(1)
Dedicated Internet DIA GIG (1000Mbps/1000Mbps)36m (1)(1,000.00)(0.00)(1,000.00)
Dedicated Internet DIA 2 GIG (2000Mbps/2000Mbps)36m (2,000.00)(0.00)(0.00)
Dedicated Internet DIA 10 GIG (10000Mbps/10000Mbps)36m (2,750.00)(0.00)(0.00)
*60m Term options
* Base monthly package fees DO NOT include federal or state taxes and fees.
SUBTOTAL $0.00 $1,000.00
(1)
OTHER SERVICES-IP services. Telephony, Data center services
(0.00)
(0.00)
(0.00)
(0.00)
(0.00)
* Notes:
SUBTOTAL $0.00
TOTALS ONE-TIME MONTHLY
$0.00 $1,000.00
GENERAL TERMS & CONDITIONS
This estimate is for equipment and/or the installation of service(s) and/or service equipment. All pricing is estimated and is subject to network capacity verification and engineering. Service is delivered to Race demarcation point (MPOE unless
otherwise stated). Extension of service from Race demarcation point to a customer suite is not included unless specified under Extended Installation Services. Standard installation timeframe, from time of order, is approximately 30 days unless
otherwise noted. Federal and/or state taxes and fees are not included. Any additional service outside of the scope of this estimate will require an amendment to the estimate or must be ordered separately. Any hardware being sold does not include
sales tax or shipping and handling fees. Sales tax and shipping fees will be added once estimate is converted to an invoice or billing statement. For customers entering into a term agreement, an early termination fee will apply and will be equal to
the amount of the original setup fee for said package.
LIMITED WARRANTY
This Limited Warranty is limited to one year installation and labor warranty of all components installed by Race. Parts are limited to defects in materials and workmanship of the product as supplied by the manufacturer. If parts are supplied by Race
and defective, they will be exchangeable within 30 days from date of purchase. After 30 days, parts are to be repaired under the manufacturer warranty terms. Should an issue arise within a manufactures warranty period, Race will assist in getting
the product warranted by the manufacturer. This warranty does not cover parts and labor that fail as a result of improper use, misuse, abuse or the failure of another part.
SPECIAL CONDITIONS APPLICABLE TO SBFN SERVICE ORDERS
Authority. Pursuant to Section 12.6 of the ARMSA, Race serves as ADF’s sub-contractor for the management, negotiation and fulfillment of SBFN Service Orders and the delivery of SBFN Products and Services. This SBFN Service Order is being
entered into by and between the Parties so that Customer may obtain SBFN Products and Services from Race consistent with the terms of the ARMSA.
Recurring Charges. Recurring Charges for SBFN Products and Services shall be set in accordance with the terms of Section 3.5 and 3.6 of the ARMSA, and adjusted periodically in accordance with Sections 3.7 and 3.8 of the ARMSA. The Parties
will promptly enter into written amendments to this SBFN Service Order effectuate any adjustments to Recurring Charges required by the ARMSA.
Minimum Service Level Agreement. Race may establish the Service Level Agreement for SBFN Products and Services but in no event shall the Service Level Agreement establish standards that are below the minimum service level obligations for
SBFN Products and Services established in Section 9 and Exhibit F of the ARMSA.
Termination. If the ARMSA is terminated for any reason, this SBFN Service Order shall also terminate without liability to Customer except for payments for SBFN Products and Services rendered up to the date of termination, unless pursuant to its
authority in Section 5.6 of the ARMSA, SBCCOG makes arrangements for Race’s continued provision of SBFN Products and Services to Customer.
Assignments. Neither Party will assign or transfer this SBFN Service Order without the other Party’s prior written consent, except that Race’s prior consent to such assignment shall not be required: (1) if, pursuant to Section 12.6 of the ARMSA, ADF
replaces Race with another qualified provider of equivalent services based in Southern California with the prior written consent of SBCCOG, or (2) if, pursuant to Section 5.6 of the ARMSA, SBCCOG directs an assignment of this SBFN Service
Order and/or SBFN Products and Service to a third party due to the termination of the ARMSA. Further, in the event of any such assignment, Race shall cooperate with Customer and SBCCOG to ensure a smooth transition to the new provider.
Order of Precedence. If any conflict or contradiction exists between the General Terms and Conditions and this SBFN Service Order Form, the terms of the SBFN Service Order Form will control. If any conflict or contradiction exists between this
SBFN Service Order and the SBFN Products and Services Supplement, the SBFN Products and Services Supplement will control. If any conflict or contradiction exists between the SBFN Products and Services Supplement and the terms of the
ARMSA, the ARMSA will control.
AUTHORIZATION
I hereby accept the terms and conditions of this order. By signing, you are authorizing Race to do the work as specified in this agreement and agree to all terms in Race's Master Products and Service Agreement.
CUSTOMER
AUTHORIZED SIGNATURE: _________________________________________________________
PRINT NAME: _____________________________________________________________________
TITLE: ___________________________________________________________________________
EFFECTIVE DATE: _________________________________________________________________
RACE COMMUNICATIONS
AUTHORIZED SIGNATURE: _________________________________________________________
PRINT NAME: _____________________________________________________________________
TITLE: ___________________________________________________________________________
EFFECTIVE DATE: _________________________________________________________________
Jeff Pieper
Mayor
June 8, 2020
9168
SBFN PRODUCTS AND SERVICES SUPPLEMENT
This is a Supplement to that certain Master Products and Services Agreement (“Agreement”) entered into by and between Race
Telecommunications, Inc.. (“Race”), a California corporation, and Customer, effective as of its Effective Date. Race and Customer are
collectively referred to as the “Parties” or individually as a “Party”.
Capitalized terms used in this Supplement shall have the same meaning described for them in the Agreement unless otherwise
indicated herein.
This Supplement applies only to SBFN Products and Services.
1. Orders. Order Forms for SBFN Products and Services shall be separate from other Order Forms and shall be titled “SBFN Service
Order” .
2. Each SBFN Service Order shall include the special conditions listed below:
SPECIAL CONDITIONS APPLICABLE TO SBFN SERVICE ORDERS
Authority. Pursuant to Section 12.6 of the ARMSA, Race serves as ADF’s sub-contractor for the management, negotiation
and fulfillment of SBFN Service Orders and the delivery of SBFN Products and Services. This SBFN Service Order is being
entered into by and between the Parties so that Customer may obtain SBFN Products and Services from Race consistent
with the terms of the ARMSA.
Recurring Charges. Recurring Charges for SBFN Products and Services shall be set in accordance with the terms of Section
3.5 and 3.6 of the ARMSA, and adjusted periodically in accordance with Sections 3.7 and 3.8 of the ARMSA. The Parties will
promptly enter into written amendments to this SBFN Service Order effectuate any adjustments to Recurring Charges
required by the ARMSA.
Minimum Service Level Agreement. Race may establish the Service Level Agreement for SBFN Products and Services but in
no event shall the Service Level Agreement establish standards that are below the minimum service level obligations for
SBFN Products and Services established in Section 9 and Exhibit F of the ARMSA.
Termination. If the ARMSA is terminated for any reason, this SBFN Service Order shall also terminate without liability to
Customer except for payments for SBFN Products and Services rendered up to the date of termination, unless pursuant to
its authority in Section 5.6 of the ARMSA, SBCCOG makes arrangements for Race’s continued provision of SBFN Products
and Services to Customer.
Assignments. Neither Party will assign or transfer this SBFN Service Order without the other Party’s prior written consent,
except that Race’s prior consent to such assignment shall not be required: (1) if, pursuant to Section 12.6 of the ARMSA,
ADF replaces Race with another qualified provider of equivalent services based in Southern California with the prior written
consent of SBCCOG, or (2) if, pursuant to Section 5.6 of the ARMSA, SBCCOG directs an assignment of this SBFN Service
Order and/or SBFN Products and Service to a third party due to the termination of the ARMSA. Further, in the event of any
such assignment, Race shall cooperate with Customer and SBCCOG to ensure a smooth transition to the new provider.
Order of Precedence. If any conflict or contradiction exists between the General Terms and Conditions and this SBFN
Service Order Form, the terms of the SBFN Service Order Form will control. If any conflict or contradiction exists between
this SBFN Service Order and the SBFN Products and Services Supplement, the SBFN Products and Services Supplement will
control. If any conflict or contradiction exists between the SBFN Products and Services Supplement and the terms of the
ARMSA, the ARMSA will control.
[SIGNATURE PAGE TO FOLLOW]
10169
The Parties have executed this Supplement as of the last date of execution below.
RACE TELECOMMUNICATIONS, INC.CUSTOMER
BY:________________________________BY:___________________________________
Print Name:_________________________Print Name:_Jeff Pieper_______________
Title:_______________________________Title: Mayor____________________________
Date:_______________________________Date:_June 8, 2020_______________________
11170
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General Terms and Conditions 1 Initials____/____
MASTER PRODUCTS AND SERVICES AGREEMENT
CUSTOMER PROFILE
Legal Business Name: City of Rolling Hills____________________
Phone #: __310-377-1521_______________________________
Fax #: ___________________________________
Address: 2 Portuguese Bend Road_______________________
Suite/Unit/Floor: _______________________________________
City: Rolling Hills________________________________________
State: CA_______________ Zip/Postal Code: 90274___________
Federal Tax ID or EIN: __94-6000355________
DUN & Bradstreet #: ____________________
# of Employees: 6________
Legal Structure: Sole Proprietorship | Corporation | Partnership | LLC | LLP
BILLING CONTACT
Name: Meredith Elguira___________________________
Title: Planning and Community Services Director __
Company (if different):_______________________
Email: melguira@cityofrh.net____________________
Phone #: 310-377-1521______________________
Alt Phone #: ____________________________________
Fax #: _____________________________
Address: Same as Customer Profile__________________
Suite/Unit/Floor: ________________________________
City: __________________________________________
State: __________ Zip/Postal Code: _________________
GENERAL TERMS AND CONDITIONS
These General Terms and Conditions together with all Supplements, Order
Form(s), Exhibits and other addenda attached hereto from time to time
constitute the Master Products and Services Agreement (“Agreement”)
which is effective as of the last date of execution below (“Effective Date”)
by and between Race Telecommunications, Inc..(“Race”), a California
corporation, and Customer. Race and Customer are collectively referred to
as the “Parties” or individually as a “Party”.
1. DEFINITIONS
“ADF” means American Dark Fiber, the company retained by SBCCOG to
create the SBFN and to manage and deliver SBFN Products and Services
pursuant to the ARMSA.
“ARMSA” means that certain Amended and Restated Master Services
Agreement between SBCCOG and ADF, approved by the SBCCOG Board on
February 27, 2020.
“Commencement Date” means the date upon which Racebegins to provide
an ordered Product or Service as more fully described in the relevant
Supplement or Order Form.
“Customer Location” refers to a location designated in an Order Form for
connection to the Race Network.
“Race Network” means, collectively, the fiber optic network, system
capacity and related facilities (including, without limitation, routers,
switches and communication channels) owned or controlled by Race to the
extent it applies to the Product or Service.
“Order Form” refers to any, mutually executed, product order (“Product
Order”), service order (“Service Order”), estimate (“Estimate”), or
statement of work (“Statement of Work”) to these General Terms and
Conditions and respective Supplement, detailing the Products or Services,
the Term, Customer charges, the estimated Commencement Date and any
other relevant terms agreed upon by the Parties.
“Products or Services” means the products or services provided by Race
(including, without limitation, Leased Fiber, In-Building Fiber, Co-location,
Bandwidth, Managed Services, Voice Services and Capacity) to Customer.
“SBCCOG” means the South Bay Cities Councilof Governments.
“SBFN” means the South Bay Fiber Network created by ADF as authorized
by the ARMSA.
“SBFN Products and Services” means the products and classes of services
established in the ARMSA.
“Service Level Agreement” means a document setting forth the required
standard of performance of the applicable Products or Services.
“Supplement” means a fully executed supplement to these General Terms
and Conditions each containing additional terms and conditions that govern
the related Products or Services provided by Race.
“Term” means the period of time in which Race provides Products or
Services to Customer pursuant to an Order Form and any renewals
thereto.
2. STRUCTURE OF AGREEMENT
From time to time, the Parties will execute one or more Supplement(s),
Service Level Agreements, and Order Forms for Race to provide Products
or Services, each of which is automatically incorporated into this
Agreement and subject to these General Terms and Conditions. SBFN
Products and Services shall be subject to the SBFN Products and Services
Supplement attached hereto.
3. INVOICING AND PAYMENT
3.1.Installation Charge. If a non-recurring installation charge or setup fee
(“Installation Charge”) is specified in an Order Form, Race will invoice
Customer for the same upon the effective date of the Order Form (“Order
Form Effective Date”), and unless otherwise specified in the applicable
Order Form, Customer will pay such invoice upon the Order Form Effective
Date.
3.2.Recurring Charge. If a recurring charge (“Recurring Charge”) (e.g.
Monthly Charge, Quarterly Charge, Annual Charge, etc.) is specified in an
Order Form, Race will invoice Customer for and Customer will pay the
Recurring Charge in advance for each period upon receipt of such invoice.
Race will begin to invoice the Recurring Charge on the Commencement
Date. Invoices for partial months will be pro-rated. Multiple types of
Recurring Charge may be set forth in the Order Form.
3.3.Prepayment. Any prepayment (“Prepayment”) specified in an Order
Form, is payable upon the Order Form Effective Date. If a Prepayment is
for a portion of a Term, the amount of such Prepayment will be applied as
a credit to the final Recurring Charges at the end of such Term.
3.4.Additional Charges. If applicable, Race will invoice Customer and
Customer will pay invoices for any additional charges for Products or
Services which are specified in an Order Form.
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General Terms and Conditions 2 Initials____/____
3.5.Applicable Taxes. Race will invoice Customer and Customer will pay
any and all applicable taxes (“Applicable Taxes”) as more fully described in
Section 4, below, with respect to specific Customer charges.
3.6.Late Payments. All invoices must be paid in accordance with their
terms without setoff or deduction, and late payments will accrue interest
on the unpaid sum as of the date of the invoice at the lesser of (i) the
highest legal rate of interest permitted in the State of California or (ii) one
and one-half percent (1.5%) per month.
3.7.U.S. Dollars. Unless otherwise specified on an Order Form, all
payments must be made by Customer to Race in U.S. dollars.
4. APPLICABLE TAXES
4.1.Applicable Taxes. In addition to other amounts due hereunder,
Customer shall be responsible for paying all Applicable Taxes. “Applicable
Taxes” means all taxes, levies, fees, imposts, duties, charges, surcharges,
assessments or withholdings of any kind or nature levied or imposed upon
Race or Customer, arising from or relating to the provision by Race of the
Services to Customer (including, without limitation, sales,excise taxes,
universal service fees, any other FCC or state PUC fees, and any state or
local utility or telecommunications taxes), together with any penalties,
fines or interest (resulting from Customer's failure to pay Applicable Taxes
hereunder after being invoiced for such) by any U.S. federal, state,
provincial or local government, public authority, including its agencies,
commissions and tribunals, or their designated agents, having jurisdiction
over this transaction. Customer shall not be responsible for and Applicable
Taxes shall not include taxes on the property or income of Race.
4.2.Notwithstanding the foregoing, Customer may provide Race with a
certificate evidencing Customer’s exemption from payment of or liability
for any Applicable Taxes.
5. TERM
5.1.This Agreement commences on the Effective Date, and continues
through the latest expiration of all Order Form Term(s) subject to this
Agreement, unless earlier terminated as provided herein.
5.2.The Term for each Order Form begins on the Commencement Date of
the related Product or Service and remains in effect until the expiration of
the initial period so specified. Upon expiration of the initial term, and
provided that no type of Recurring Charge is fully prepaid, each Order
Form will automatically renew for additional periods of one (1) year unless
one Party provides the other written notice that it is terminating such
Order Form not less than sixty (60) days’ prior to the end of the Term then
in effect.
5.3.If any order form is terminated by either party anytime after the start
of service but prior to the expiration of the term provided herein, RACE
shall be entitled to recover any installation and sign-up charges
conditionally waived by RACE as noted on the Service Order and be liable
on a prorated basis for any waived nonrecurring charges plus the total
monthly charges for the unexpired portion of the service.
6. DEFAULT
The following events are “Events of Default”, the occurrence of which gives
the non-defaulting Party the right to terminate the affected Order Form(s),
or the entire Agreement for a nonpayment default, by written notice
following the expiration of any stated cure periods and pursue its remedies
under the Agreement:
a. Customer fails to fully pay any of the payments (including Early
Termination Charges) required hereunder within five (5) days
after receipt of written notice of such failure; or
b.Except as provided in clause (a), above, the breach of any
material term or condition of this Agreement (including Order
Forms) and such breach remains uncured thirty (30) days after
delivery to the breaching Party of written notice of such breach. If
the breach is of a nature or involves circumstances reasonably
requiring more than thirty (30) days to cure, the time period may
be extended provided the breaching Party proceeds diligently to
cure the breach;
If Customer is in default, as set forth above, then, after expiration
of the cure period, Race may, in addition to any other remedies
that it may have under this Agreement or by law, suspend,
disconnect and/or repossess any Products or Services, provided,
however, that Customer will remain responsible to perform its
obligations hereunder.
7. REPRESENTATIONS AND WARRANTIES
7.1. Race warrants that any Products and Services to be provided to
Customer will be at a professional level of quality conforming to generally
accepted industry standards and in compliance in all material respects with
all applicable laws and regulations. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED
IN THIS AGREEMENT,RACE DOES NOT MAKE,AND HEREBY DISCLAIMS,ANY AND ALL
OTHER WARRANTIES,EXPRESS OR IMPLIED INCLUDING ANY AND ALL WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
7.2.Each Party represents and warrants to the other that (i) it is duly
organized, validly existing and in good standing under the laws of the state
of its organization, (ii) it has all requisite power and authority to enter into
and perform its obligations under this Agreement and all Order Forms, (iii)
it will comply with all applicable federal, state and local laws, statutes,
rules and regulations in connection with the provision and use of the
Products and Services and (iv) this Agreement and all Order Forms, when
executed, are the legal, valid and binding obligation of such Party.
7.3.Customer acknowledges that Race has no ability to determine
whether the communications traffic carried by the Products or Services
utilizing the Race Network is jurisdictionally interstate or intrastate.
Customer represents and warrants that the communications traffic to be
carried by the Race Network shall be jurisdictionally interstate, pursuant to
the Federal Communications Commission's mixed-use "10% Rule"(47 CFR
36.154, 4 FCC Rcd. 1352), unless Customer provides Race written notice
otherwise. In either case, Customer will pay all relevant FCC and state
Public Utilities Commission taxes and fees.
8. LIMITATION OF LIABILITY; INDEMNIFICATION
8.1. THETOTALLIABILITYOFEITHERPARTYFORDAMAGESARISINGOUTOF
ORINCONNECTIONWITHANORDERFORM(EXCLUDINGEARLY
TERMINATIONCHARGES(ASDEFINEDINTHERELATEDSUPPLEMENT))IS
LIMITEDTOANAMOUNTEQUALTOTHETOTALCHARGESPAYABLEBY
CUSTOMERDURINGTHETERMSETFORTHTHEREIN. NOTWITHSTANDING
ANYPROVISIONOFTHISAGREEMENTTOTHECONTRARY,NEITHERPARTY
WILLBELIABLETOTHEOTHERPARTYFORANYSPECIAL,INCIDENTAL,
INDIRECT,PUNITIVEORCONSEQUENTIALDAMAGESINCLUDING,WITHOUT
LIMITATION,LOSSOFPROFITS,REVENUEORLOSTBUSINESS
OPPORTUNITIES(WHETHERARISINGOUTOFTRANSMISSIONINTERRUP-
TIONSORPROBLEMS,ANYINTERRUPTIONORDEGRADATIONOFSERVICE
OROTHERWISE),WHETHERFORESEEABLEORNOT,EVENIFAPARTYHAS
BEENADVISEDBYTHEOTHERPARTYOFTHEPOSSIBILITYOFTHEDAMAGE
ANDEVENIFAPARTYASSERTSORESTABLISHESAFAILUREOFESSENTIAL
PURPOSEOFANYLIMITEDREMEDYPROVIDEDINTHISAGREEMENT. THE
LIMITATIONSSETFORTHINTHISSECTIONWILLAPPLYTOCLAIMSOF
CUSTOMER,WHETHEROCCASIONEDBYANYCONSTRUCTION,
INSTALLATIONS,RELOCATIONS,SERVICE,REPAIRORMAINTENANCE
PERFORMEDBY,ORFAILEDTOBEPERFORMEDBYRACE,ORANYOTHER
CAUSEWHATSOEVER,INCLUDINGBREACHOFCONTRACT,BREACHOF
WARRANTY,NEGLIGENCE,ORSTRICTLIABILITY. INNOEVENTWILLEITHER
PARTYBELIABLEFORANYLOSSOFDATAORTECHNOLOGY.
8.2.Race agrees to indemnify, defend and hold Customer, its officers,
directors, employees, agents and contractors harmless from and against all
loss, damage, liability, cost and expense (including reasonable attorney’s
fees and expenses) by reason of any claims or actions by third parties
against Customer for (i) bodily injury or death, and damage, loss or
destruction of any real or tangible personal property, which third party
claims arise out of or relate to Race’s gross negligence or willful
misconduct or (ii) infringement or misappropriation by Race of any
intellectual property rights under this Agreement.
8.3.Customer agrees to indemnify, defend and hold Race, its officers,
directors, employees, agents and contractors harmless from and against all
loss, damage, liability, cost and expense (including reasonable attorney’s
fees and expenses) by reason of any claims or actions by third parties
against Race for (i) bodily injury or death or damage, loss or destruction of
any real or tangible personal property, which third party claims arise out of
or relate to Customer’s gross negligence or willful misconduct,
(ii) infringement or misappropriation by Customer of any intellectual
property rights under this Agreement, or (iii) Customer’s or its customer’s
use of the Products or Services, including without limitation, defamation,
libel, slander, obscenity, pornography, or violation of the rights of privacy
or publicity, or spamming or any other tortuous or illegal conduct.
9. CONFIDENTIALITY; PUBLICITY
9.1. Confidentiality. Each Party agrees that all information furnished to it
by the other Party that is proprietary in nature, including maps, network
routes, design information, methodologies, specifications, locations or
other information to which it has access under this Agreement, are
deemed the confidential and proprietary information or trade secrets
(collectively referred to as “Proprietary Information”) of the Disclosing
Party and will remain the sole and exclusive property of the Disclosing
Party (the Party furnishing the Proprietary Information referred to as the
“Disclosing Party” and the other Party referred to as the “Receiving Party”).
14173
General Terms and Conditions 3 Initials____/____
Each Party will treat the Proprietary Information and the contents of this
Agreement in a confidential manner and, except to the extent necessary in
connection with the performance of its obligations under this Agreement,
neither Party may directly or indirectly disclose the same to anyone other
than its employees on a need to know basis and who agree to be bound by
the terms of this Section, without the written consent of the Disclosing
Party. Information will not be deemed Proprietary Information if it
(i) becomes publicly available other than through the actions of the
Receiving Party; (ii) is independently developed by the Receiving Party; or
(iii) becomes available to the Receiving Party without restriction from a
third party. If the Receiving Party is required by a governmental or judicial
law, order, rule, regulation or permit to disclose Proprietary Information, it
must give prompt written notice to the Disclosing Party of the
requirements of such disclosure and cooperate fully with the Disclosing
Party to minimize such disclosure, and disclosure after such notice shall
not be a breach hereof.
9.2.Publicity. Neither Party may issue any advertising or other publicity
material using the other Party’s name or marks or describing in any way
the terms of this Agreement without first receiving the other Party’s
written consent as to form and content, which consent may not be
unreasonably withheld, conditioned, or delayed.
10. ASSIGNMENT
Neither Party will assign or transfer this Agreement without the other
Party’s prior written consent, except that either Party may assign this
Agreement upon notice and without the other Party’s consent to a person,
firm, corporation, partnership, association, trust or other entity (i) that
controls, is controlled by or is under common control with the assigning
Party or (ii) which purchases all or substantially all of its assets; provided
that the assignee assumes all liabilities hereunder in writing prior to the
effectiveness of such assignment. Any assignment or transfer without the
required consent is void and is considered a material breach of this
Agreement. Upon any permitted assignment, the assigning Party will
remain jointly and severally responsible for the performance under this
Agreement, unless released in writing by the other Party, and this
Agreement will be binding upon and inure to the benefit of the Parties
hereto and their respective successors and permitted assigns.
11. NON-SOLICITATION
From the date of the last engagement and for one year thereafter, neither
party will solicit for employment nor hire any employee or contractor of
other. (Neither an unsolicited request by an employee or contractor for
employment, nor a response by an employee or contractor to a generally
published advertisement shall be considered a solicitation pursuant to this
section.) Other than provided herein, neither party will solicit, directly or
indirectly, any employee or contractor of other and in no event, hire an
employee, agent or independent contractor of other, through any means,
including the hiring of an employee, agent or independent contractor by a
competitor of the other, where the hired person has served as an
independent contractor, subcontractor or other capacity for the other,
within the period described to herein, without the other party’s prior
written consent. In the event a party breaches the above, they shall
immediately pay as liquidated damages to other an amount equal to 1.5
times the relevant person’s then current annual compensation (or the
amount paid to or on behalf of the person during the last 12 months in the
case of an independent contractor).
12. FORCE MAJEURE
Neither party will be considered in breach of this Agreement nor liable
under this Agreement for any delays, failures to perform, damages or
losses, or any consequence thereof, caused by or attributable to an event
of “Force Majeure,” which is defined as any cause beyond the reasonable
control of the party claiming relief, including without limitation the action
by a governmental authority (such as a moratorium on any activities
related to this Agreement or changes in government codes, ordinances,
laws, rules, regulations, or restrictions occurring after the Effective Date),
third-party labor dispute, flood, earthquake, fire, lightning, epidemic, war,
act of terrorism, riot, civil disturbance, act of God, sabotage, fiber cut
caused by a third-party or failure of a third party to recognize a permit,
authorization, right-of-way, easement, right, license or other agreement
obtained by Race to construct and operate its facilities or network.
13. NOTICES
All notices, including but not limited to, demands, requests and other
communications required or permitted hereunder (not including invoices)
must be in writing and will be deemed given: (i) when delivered in person,
(ii) one (1) business day after deposit with an overnight delivery service for
next day delivery, or (iii) three (3) business days after deposit in the United
States mail, postage prepaid, registered or certified mail, return receipt
requested, and addressed to the recipient Party at the address set forth on
first page hereof. In addition, Race may send Customer notices, other than
notices for default or termination, to Customer’s email address as
contained on Race’s customer contact list. Such email notification is
deemed delivered on the day sent unless returned to sender.
14. MISCELLANEOUS
14.1. Governing Law. This Agreement will be interpreted and construed in
accordance with the internal laws of the State of California without giving
effect to its principles of conflicts of laws. This Agreement and the duties
and obligations of the Parties hereunder shall be enforceable against any
of the Parties in the courts of California.
14.2.Survival. The Parties’ respective representations, warranties, and
covenants, together with obligations of indemnification, confidentiality
and limitations on liability will survive the expiration, termination or
rescission of this Agreement and continue in full force and effect.
14.3.No Third-Party Beneficiaries. The covenants, undertakings, and
agreements set forth in this Agreement are solely for the benefit of and
enforceable by the Parties or their respective successors or permitted
assigns.
14.4.Relationship of the Parties. The relationship between the Parties
hereunder is not that of partners or agents for one another and nothing
contained in this Agreement may not be deemed to constitute a
partnership, joint venture or agency agreement between them.
14.5.Remedies Not Exclusive. Except as otherwise expressly provided, the
rights and remedies set forth in this Agreement are in addition to, and
cumulative of, all other rights and remedies at law or in equity.
14.6.Headings; Severability. The headings in this Agreement are strictly
for convenience and do not amplify or limit any of the terms, provisions or
conditions hereof. In the event any term of this Agreement is held invalid,
illegal or unenforceable, in whole or in part, neither the validity of the
remaining part of such term nor the validity of the remaining terms of this
Agreement will be in any way affected.
14.7.No Implied Waiver. No failure to exercise and no delay in exercising,
on the part of either Party, any right, power or privilege hereunder will
operate as a waiver, except as expressly provided herein.
14.8.Execution and Counterparts. This Agreement may be executed in
counterparts, including by facsimile transmission, each of which when
executed and delivered is an original, but all the counterparts together
constitute the same document.
14.9.Order of Precedence. If any conflict or contradiction exists between
these General Terms and Conditions and a Supplement, the terms of a
Supplement will control. If any conflict or contradiction exists between a
Supplement and the terms of an Order Form, the terms of the Order Form
will control. If any conflict or contradiction exists between these General
Terms and Conditions and the terms of an Order Form, the terms of the
Order Form will control.
15. ENTIRE AGREEMENT; AMENDMENT; EXECUTION
This Agreement, including all Supplements, Order Forms, Exhibits and
addenda attached hereto is the entire agreement between the Parties with
respect to the subject matter hereof and supersedes any and all prior
negotiations, understandings and agreements, whether oral or written.
This Agreement may be amended only by a written instrument executed
by the Parties.
[SIGNATURE PAGE FOLLOWS]
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General Terms and Conditions 4 Initials____/____
The Parties have executed this Agreement as of the last date of execution below.
RACE TELECOMMUNICATIONS, INC.CUSTOMER
BY:________________________________BY:___________________________________
Print Name:_________________________Print Name:_Jeff Pieper _______________
Title:_______________________________Title: Mayor____________________________
Date:_______________________________Date:_June 8, 2020______________________
AUTHORIZED CONTACTS
PRIMARY CONTACT
Name: _Meredith Elguira_____________________________
Title: Planning and Community Development Services
Company (if different): ________________________
Email: melguira@cityofrh.net________________
Phone #: _310-377-1521______________________
Alt Phone #: ____________________________________
Fax #: __________________________
Address: Same as Customer Profile__________________
Suite/Unit/Floor: ________________________________
City: __________________________________________
State: __________ Zip/Postal Code: _________________
TECHNICAL CONTACT
Name: Ricardo Falanga_________________
Title: Contract Information Technology Vendor
Company (if different): Forum Info Tech_________
Email:__ricardo@foruminfotech.net__________
Phone #: _951-256-4070 ext. 113________________
Alt Phone #: ____________________________________
Fax #: 951-278-0673______________________________
Address: 160 Foothill Pkwy. Suite 105__________
Suite/Unit/Floor: ________________________________
City: _Corona_______________________
State: __CA________ Zip/Postal Code: __92882_____
OTHER CONTACT
Name: Elaine Jeng______________________________
Title:_City Manager_____ ________________________
Company (if different): ________________________
Email: ejeng@cityofrh.net____________________
Phone #: _310-377-1521______________________
Alt Phone #: ____________________________________
Fax #: ___________________________
Address: Same as Customer Profile__________________
Suite/Unit/Floor: ________________________________
City: __________________________________________
State: __________ Zip/Postal Code: _________________
OTHER CONTACT
Name: _____________________________
Title:______ ___________________________________
Company (if different):___________
Email: _______________________________
Phone #: _____________________
Alt Phone #: ____________________________________
Fax #: _________________________________________
Address: __________________
Suite/Unit/Floor: _____________________________
City: _________________________________
State: ________ Zip/Postal Code:___________
16175
General Terms and Conditions 5 Initials____/____
OTHER CONTACT
Name: ____________________________________________
Title: _____________________________________________
Company (if different): _______________________________
Email: ____________________________________________
Phone #: __________________________________________
Alt Phone #: ________________________________________
Fax #: _____________________________________________
Address: __________________________________________
Suite/Unit/Floor: ____________________________________
City: ______________________________________________
State: __________ Zip/Postal Code: ____________________
OTHER CONTACT
Name: ____________________________________________
Title: _____________________________________________
Company (if different): _______________________________
Email: ____________________________________________
Phone #: __________________________________________
Alt Phone #: ________________________________________
Fax #: _____________________________________________
Address: __________________________________________
Suite/Unit/Floor: ____________________________________
City: ______________________________________________
State: __________ Zip/Postal Code: ____________________
17176
Service Level Agreement Initials_____/_____
SERVICE LEVEL AGREEMENT
PRIVATE LINE OUTAGE POLICY:
SLA for Domestic Private Line Services
1. SERVICE LEVEL OBJECTIVES
Race will meet a Service Availability of 99.99% for domestic circuits. This
SLA sets forth the credit(s) that Customer will receive if the Service Levels
are not met, in addition to those rights and remedies available under the
Agreement.
2. ALLOWANCE FOR SERVICE OUTAGE PERIODS
2.1.A Circuit shall be deemed to be in an outage condition if, while
Customer is using or attempting to use such Circuit, such Circuit loses
continuity, becomes unavailable or fails to comply with the applicable
specifications for such Circuit (“Outage”). Subject to the restrictions
herein, Customer is entitled to an “Outage Credit” in the event that the
Service Levels described in this Agreement are not met. An “Outage
Period” begins when a report is made to RACE’s Network Control Center
from Customer by telephone that the Service has been impaired, lost or
interrupted. Customer must agree that such Circuit is released for repair
by RACE or its agent. An Outage Period ends when the Circuit is restored.
RACE will notify customer by telephone and Customer will confirm that
Service has been restored. Any additional time necessary for Customer’s
confirmation shall not operate to extend the calculation of the Outage
Period. Events that cause an Outage but involve simultaneous multiple
failures, shall be treated as one single Outage for purposes of calculation of
Outage Credits.
a. All Outage Credits shall be subject to the following restrictions:
(i) No credit shall be allowed with respect to any period during which
Customer fails to afford access to any facilities provided by RACE for the
purpose of investigating and correcting an interruption to Service.
(ii) The Monthly Lease Rates used to determine any credit hereunder
shall be the then current Monthly Lease Rates being assessed.
(iii) In no event shall any credit be allowed hereunder (1) in excess of the
then current Monthly Lease Rate for the applicable Circuit, or (2) with
respect to any Circuit for which Customer (i) fails to make or (ii) is
excused from making any payment because of operation of law or any
other reason.
2.2. The duration of the Outage Period and Outage Credits will be
determined at the sole discretion of RACE, based upon RACE’s internal
records. Customer shall have the right to request credit(s) for a period of
thirty (30) days after the occurrence of an outage or alleged outage.
Customer shall have the right to contest any calculations of credit(s) for a
period of thirty (30) days after Customer’s receipt of invoice on which said
credit(s) appear.
2.3. No Outage Credits are allowed for Outage Periods:
a.Caused directly or indirectly by the acts or omissions of Customer;
b.Caused by the failure of equipment or systems provided by Customer
or any third party (not under the direction or control of RACE), including
any provider of local access service to RACE contracted for, by or on
behalf of Customer (in such case, RACE will coordinate with such local
access service provider to cure such failure as quickly as practicable);
c.Caused by a Force Majeure event;
d.Occurring with respect to a Circuit released by Customer to RACE (i) to
perform maintenance, (ii) to make rearrangements at the direction of
Customer, or (iii) to implement an order from Customer for a change in
the Circuit; or
e.Occurring with respect to a Circuit that Customer elects not to release
for testing or repair and continues to use on an impaired basis.
f.Interruption of Service on a Circuit for maintenance. RACE shall use its
best efforts to give Customer two (2) days prior notice thereof by
telephone, facsimile or e-mail. RACE will use its best efforts to schedule
such Service Interruptions between midnight and 6:00 a.m. for domestic
circuits. Credits will not be allowed with respect to such Service
interruptions if RACE has used its best efforts to so notifyCustomer in
accordance with this paragraph.
2.4. The credits and/or cancellation of a Circuit in the case of chronic outage
problem provided for hereunder shall be RACE’s sole liability and Customer’s
sole remedy in the event of any outage period or interruption of Service.
3. SERVICE LEVEL OUTAGE CREDITS
3.1.Domestic Service Level Outage Credits will be calculated and granted
based upon the following Service Availability Objective:
Domestic Outage Credit Schedule
Outage levels Outage Time Period Outage Credits
Level 0 Outage 0 minutes to less than 30 minutes = No Credit
Level 1 Outage 30 minutes to less than 60 minutes = 1 Hour Credit
Level 2 Outage 60 minutes to less than 120 minutes = 4 Hours Credit
Level 3 Outage 120 minutes to less than 4 hours = 8 Hours Credit
Level 4 Outage 4 hours to less than 8 hours = 24 Hours Credit
Level 5 Outage 8 hours to less than 24 hours = 2 Days Credit
Level 6 Outage 24 hours + = Actual plus 2 Days Credit
4. Chronic Outage.
Customer shall have the right to terminate the Master Products and Services
Agreement or any individual Service Order in the event of any Chronic
Service Quality Problem (as hereinafter defined) upon thirty (30) days written
notice to RACE. As used herein, the term “Chronic Service Quality Problem”
shall mean (i) any one Outage lasting more than four (4) days or (ii) three (3)
or more Outages, with each Outage lasting at least thirty (30) continuous
minutes, in any sixty (60) day period. In the event of a termination for a
Chronic Service Quality Problem, Customer shall only be responsible for the
payment of charges for the Service incurred prior to the termination date,
but shall not be otherwise liable for any early termination penalties.
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Agenda Item No.: 13.A
Mtg. Date: 07/10/2023
TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM:PATRICK DONEGAN, CITY ATTORNEY
THRU:ELAINE JENG P.E., CITY MANAGER
SUBJECT:APPOINT DAVID READY AS INTERIM CITY MANAGER AND APPROVE
AGREEMENT FOR INTERIM CITY MANAGER SERVICES
DATE:July 10, 2023
BACKGROUND:
Previous City Manager Elaine Jeng’s last day as City Manager was July 7, 2023. During
previous closed sessions, the City Council met and gave direction to reach out to Dr. David
Ready, the former City Manager of the City of Palm Springs and former Interim City Manager
for Palos Verdes Estates, regarding a potential agreement to serve as interim City Manager
for the City of Rolling Hills. The job of the City Manager is defined by the Rolling Hills
Municipal Code and state law.
DISCUSSION:
The attached agreement has been approved by Dr. Ready and provides for him to serve as
City Manager on an interim basis for no more than 960 hours per fiscal year until the candidate
selected as the new City Manager begins employment with the City, unless the City or Dr.
Ready terminate the Agreement at an earlier date. One issue for the City Council to determine
is the scheduled workdays. As drafted, section 1.4 of the Agreement has two clauses drafted
for the City Council to choose from. One clause posits that Dr. Ready will work at City Hall on
Monday and Thursday of each week and Dr. Ready will have the discretion to either work on
Tuesday or Wednesday. The other clause, requested by Dr. Ready for commute purposes, is
that on weeks where a City Council meeting is scheduled, Dr. Ready shall work at City Hall on
Monday, Tuesday and Wednesday. On the week preceding a City Council meeting, Dr. Ready
will work at City Hall on Tuesday, Wednesday and Thursday. Both of these clauses satisfy the
need for having the interim City Manager present on days where the City Council has a
scheduled meeting and on days where the City Council agenda goes out.
The rate of pay for an interim city manager who is retired from PERS is dictated by law and
governed by Government Code sections 21221(h) and 7522.56. Specifically, Section
7522.56(d) provides that “the rate of pay for the employment shall not be less than the
minimum, nor exceed the maximum, paid by the employer to other employees performing
comparable duties, divided by 173.333 to equal an hourly rate.” Section 21221(h) further
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provides that this rate must be “listed on a publicly available pay schedule for the vacant
position.” The City Manager ’s salary is set by contract and is reflected as a fixed amount on
the publicly available City Manager ’s contract, not a range. So, in effect, a retired annuitant
would be paid at the same rate (reflected as an hourly rate) as the last manager but the actual
earnings would be less since the retired annuitant is limited to 960 hours in a fiscal year.
Consistent with the foregoing, the hourly rate for Dr. Ready’s service as City Manager shall be
$115.06.
Dr. Ready is a PERS retiree and will not be enrolled in PERS or create any PERS obligations
on his behalf for the City. He is also experienced in municipal management, has an extensive
background in planning, and served previously as the City Manager of Palm Springs for over
20 years and most recently as the Interim City Manager for the City of Palos Verdes Estates.
His resume is included as Attachment 3.
FISCAL IMPACT:
Dr. Ready will be engaged to perform services as City Manager on an interim basis without
benefits ordinarily provided to City employees. His compensation of $115.06. per hour is in
compliance with the requirements of Government Code section 21221(h).
RECOMMENDATION:
1. Adopt Resolution No. 1342 appointing David Ready as City Manager on an interim basis
and;
2. Approve an Employment Agreement with David Ready as Interim City Manager effective
July 8, 2023. (Attachments 1 & 2)
ATTACHMENTS:
ResolutionNo1342_AppointmentOfInterimCM_DavidReady.pdf
CA_AGR_230710_InterimCM_DavidReady.pdf
CA_AGR_230710_InterimCM_DavidReady_Resume.pdf
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RESOLUTION NO. 1342
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ROLLING HILLS, CALIFORNIA,
APPOINTING DAVID READY AS CITY MANAGER
ON AN INTERIM BASIS AND APPROVING
EMPLOYMENT AGREEMENT
THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA,
DOES HEREBY RESOLVE, DECLARE, DETERMINE, AND ORDER AS
FOLLOWS:
Section 1. Recitals.
A. Government Code sections 7522.56 and 21221(h) permit the City
Council to appoint a California Public Employees’ Retirement System
(“CalPERS”) retired annuitant to a vacant position requiring specialized skills
during recruitment for a regular appointment, and provides that such appointment
will not subject the retired person to reinstatement from retirement or loss of
benefits so long as it is a single appointment that does not exceed 960 hours in a
fiscal year.
B. The position of City Manager will be vacant at the time of Mr.
Ready’s appointment.
C. The Rolling Hills City Council desires to appoint David Ready as an
interim appointment retired annuitant to the vacant position of City Manager for
the City of Rolling Hills pursuant to Government Code section 21221(h), effective
July 8, 2023.
D. David Ready has substantial experience serving in municipal
government with an extensive history in management, including as the former
City Manager of the City of Palm Springs and former interim City Manager of the
City of Palos Verdes Estates.
E. An appointment under Government Code section 21221(h) requires
an active, publicly posted recruitment for a permanent replacement. The
announcement for the recruitment for the City Manager position was posted on
the City’s website and advertised in multiple publications prior to the day David
Ready will commence his appointment as City Manager on an interim basis.
F. The 180-day wait period requirement set forth in Government Code
Section 7522.56(f) does not apply because David Ready has been retired for
more than 180 days.
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G. This section 21221(h) appointment shall only be made once and
therefore will end on the date immediately preceding the date on which the
regular appointment to the vacant position of City Manager for the City of Rolling
Hills commences his or her employment or, if earlier, the date that this
appointment is terminated by the City or David Ready.
H. It is understood by the City Council and David Ready that the
combined total hours to be worked by David Ready in any fiscal year, for all
retired annuitant positions with any CalPERS employer, shall not exceed the
960-hour limitation set forth in California Government Code sections 7522.56(d)
and 21221(h).
I. The compensation paid to retirees cannot be less than the
minimum nor exceed the maximum monthly base salary paid to other employees
performing comparable duties, divided by 173.333 to equal the hourly rate.
J. The hourly rate to be paid to David Ready for his services as City
Manager on an interim basis shall be $115.06 per hour.
K. David Ready has not and will not receive any other benefit,
incentive compensation in lieu of benefits or any other form of compensation in
addition to this hourly pay rate.
Section 2. David Ready has the specialized skills needed to perform
the work required of the City Manager position on an interim basis until a regular
City Manager is appointed by the City Council and thereafter begins service.
Section 3. The City Council hereby appoints David Ready as City
Manager on an interim basis effective July 8, 2023, pursuant to the authority
provided under Government Code sections 21221(h) and 7522.56, during the
active recruitment for a regular appointment of a City Manager position, to
provide the critically-needed, specialized skills necessary to manage the City of
Rolling Hills effectively.
Section 4. The employment agreement for David Ready, a copy of
which is incorporated herein as Exhibit A, is approved by the City Council.
Section 5. The Mayor is authorized to execute said agreement on
behalf of the City, with such technical amendments as may be deemed
appropriate by the Mayor and City Attorney.
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.
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///
PASSED, APPROVED, AND ADOPTED this 10th day of July, 2023.
______________________________
PAT WILSON
MAYOR
ATTEST:
______________________________
CHRISTIAN HORVATH
CITY CLERK
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CITY OF ROLLING HILLS
AGREEMENT FOR INTERIM CITY MANAGER SERVICES
THIS AGREEMENT FOR INTERIM CITY MANAGER SERVICES (hereinafter
referred to as “Agreement”) is made and entered into as of the 10th day of July, 2023,
by and between the CITY OF ROLLING HILLS, a California general law city
(hereinafter referred to as "City"), and David Ready (hereinafter referred to as
"Contractor").
RECITALS
A. City desires to employ on an interim basis pursuant to California Government
Code section 21221(h) the services of Contractor and Contractor desires to
accept an engagement as Interim City Manager of the City of Rolling Hills during
recruitment of and until such time as a permanent City Manager is appointed
and commences employment.
B. The City Council finds pursuant to Government Code section 21221(h) that this
position requires specialized skills and experience associated with city
management.
C. Contractor is willing and is fully qualified by virtue of his extensive experience in
municipal management and his specialized skills to perform these services for
the City and desires to accept employment as Interim City Manager in
consideration of, and subject to, the terms, conditions, and benefits set forth in
this Agreement.
D. Contractor’s employment is authorized by Government Code sections 7522.56
and 21221(h), which permit the City Council to appoint a California Public
Employees’ Retirement System (“CalPERS”) retiree to a vacant position
requiring specialized skills during recruitment for a regular appointment, and
provide that such appointment will not subject the retired person to
reinstatement from retirement or loss of benefits, so long as it is a single
appointment that does not exceed 960 hours in a fiscal year, inclusive of all
hours worked for other all CalPERS employers, unless an exception applies.
E. Contractor represents that he is a retired annuitant of CalPERS within the
meaning of Government Code sections 7522.56 and 21221(h) (“Statutes”) and
acknowledges that his compensation is statutorily limited as provided in
Government Code Section 21221(h). With the execution of this Agreement,
Contractor affirms that he has not received unemployment compensation from
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any CalPERS Agencies during the 12-month period preceding the effective date
of this Agreement.
NOW, THEREFORE, in consideration of the foregoing and the mutual
covenants herein contained, the parties agree as follows:
1. Position and Duties
1.1. Position. City hereby agrees to engage the services of Contractor to serve
as Interim City Manager to perform the functions and duties specified in
Chapter 2.04 of the Rolling Hills Municipal Code, and to perform such other
legally permissible and proper duties and functions as the City Council may
from time to time assign or as may be necessary or desirable in the opinion of
Contractor for the efficient management of the City. Contractor shall perform
the services required under this Agreement during normal City operating hours,
subject to the other provisions of this Agreement. Contractor shall be available
for attendance at City Council and other meetings during other hours as may be
necessary. It is the understanding of the parties that Contractor is a retiree in
the Public Employees’ Retirement System (“CalPERS”) and may not work more
than 960 hours for any public agency member of “CalPERS” within the fiscal
year occurring during the term of this Agreement without impacting his
retirement benefits and having to be enrolled in CalPERS as an active
employee. For that reason, Contractor will be required to keep accurate time
records of his hours worked to ensure that he does not exceed 960 hours within
the fiscal year that occurs during the term of this Agreement.
1.2. Term. This Agreement shall be effective as of July 8, 2023 upon execution
by both parties. This Agreement shall expire upon whichever of the following
events occurs first: (i) upon the employment commencement date of a City
Manager employed by City on a regular basis; or (ii) upon termination of this
Agreement by either Contractor or City as provided in Section 4 [Termination] of
this Agreement.
1.3. At-Will. Contractor acknowledges that he is an at-will, temporary employee of
City who shall serve at the pleasure of the City Council at all times during the
period of his service hereunder. Nothing in this Agreement is intended to, or
does, confer upon Contractor any right to any property interest in continued
employment, or any due process right to a hearing before or after a decision by
the City Council to terminate his employment, except as is expressly provided
in Section 1.2 [Term] or Section 4 [Termination] of this Agreement. Further,
nothing contained in this Agreement shall in any way prevent, limit or otherwise
interfere with the right of City to terminate the services of Contractor, as
provided in Section 1.2 [Term] or Section 4 [Termination] of this Agreement.
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1.4. Hours of Work. Contractor shall devote the time necessary to adequately
perform his duties as City Manager. It is recognized that Contractor may devote
a great deal of time outside the normal office hours-schedule. Contractor shall
be in City Hall, during City working hours three (3) days per week. (i)On weeks
that a City Council meeting is scheduled, Contractor shall work at City Hall on
Monday, Tuesday and Wednesday. On weeks preceding a City Council
meeting, Contractor shall work at City Hall on Tuesday, Wednesday, and
Thursday OR (ii) Contractor shall work at City Hall on Monday and Thursday
weekly and shall have the discretion to either work on Tuesday or Wednesday.]
Contractor acknowledges and understands that the expectation is that
Contractor will work 24 hours per week and in the event after hours work or
work on scheduled days off is required, Contractor will use best efforts to
reduce hours on scheduled work days, if possible, to keep to that 24 hour a
week work schedule. However, in no event shall Contractor be required to work
in excess of 960 hours per fiscal year for City, including hours worked for other
CalPERS agencies during such fiscal year, unless an exception applies. The
position of City Manager on an interim basis, filled pursuant to Government
Code section 21221(h), shall be deemed a non-exempt position under federal
and California wage and hour law.
1.5. Devotion to City Business. The City Manager position is full-time, subject to
the 960 hour limitation per fiscal year referenced in Section 1.4 [Hours of Work].
Contractor shall not engage in any business, educational, professional,
charitable, or other activities that would conflict or materially interfere with
performance of his City Manager duties, except as may be specifically
authorized in writing by the City Council. Should Contractor wish to engage in
any such outside employment or business activities, he must receive prior
approval from the City Council to do so. The City Manager may continue
teaching an online MPA course titled “Administrative Regulation” at CSUSB,
which meets via zoom Thursday’s at 7:00 p.m., beginning August 24, 2023, so
long as the commitment does not interfere with the City Manager’s ability to
perform his duties as City Manager.
2. Compensation.
2.1. Rate of Pay. For all services performed by Contractor as the City Manager
on an interim basis pursuant to this Agreement, City shall pay Contractor
compensation at the rate of $115.06 per hour.
2.1.1. Compliance with CalPERS Requirements. It is the intent of the
Parties to compensate Contractor only to the extent permitted under
Government Code section 21221(h) and corresponding CalPERS
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regulations and policy statements. The Rate of Pay set forth above is based
on the salary limitations established by CalPERS and is not less than the
minimum, nor in excess of the maximum, monthly rate paid by the City to
other employees performing comparable duties (divided by 173.333 to
equal an hourly rate) as listed on the City’s publicly-available pay schedule.
Such compensation shall be Contractor’s sole compensation for his service
under this Agreement. Notwithstanding the foregoing, the City shall cover
the Contractor under its workers’ compensation program.
2.1.2. Recordation and report of Hours Worked. Contractor will comply with
all applicable CalPERS regulations governing employment after retirement,
including the recordation and reporting of all hours worked for City to
CalPERS as may be required. City shall assist in any such reporting
obligations to CalPERS. Additionally, Contractor shall keep City continually
apprised of hours worked by Contractor with the understanding of the City’s
expected three days per week of work for Contractor.
2.2. Benefits.
2.2.1. No Benefits. Pursuant to Government Code section 21221(h) and
related CalPERS regulations and policy statements, Contractor shall not
receive from City any benefits City commonly provides to its employees
unless required by federal or state law, including without limitation, health,
dental, or vision insurance coverage, life insurance, deferred compensation,
disability insurance, unemployment insurance, mobile device stipend,
vehicle allowance, gym programs, employee assistance programs, and
similar benefits.
2.3. Reimbursement. City shall only reimburse Contractor for authorized,
reasonable and necessary travel expenses incurred by Contractor as required
by the performance of his duties pursuant to this Agreement. These expenses
shall not include travel to City Hall on days in the office nor accommodations
during the week Contractor is working at City Hall. Contractor shall document
and claim said reimbursement for such travel in the manner and forms required
by the City. All reimbursements shall be for actual expenses and shall be
subject to and in accordance with California and federal law and City’s adopted
reimbursement policies. Such reimbursements shall not be reported to
CalPERS. Other than as specifically provided herein, Contractor shall receive
no other compensation or reimbursements for expenses incurred by him in the
performance of his duties pursuant to this Agreement.
3. Vacation and Leave.
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3.1. No Leave. Contractor and City agree that Contractor, in accordance with
Government Code section 21221(h) and related CalPERS regulations and
policy statements, shall not be provided or accrue any personal time off,
vacation, sick leave, management time off, paid holidays or similar leave
benefits, unless required by federal or state law.
4. Termination.
4.1. By City. This Agreement may be terminated by City at any time, with or
without cause for any reason and with or without notice. City’s only obligation in
the event of such termination will be payment to Contractor of all compensation
then due and owing as set forth in Section 2.1 [Rate of Pay] up to and including
the effective date of termination. Contractor understands and acknowledges
that he shall serve at the will and pleasure of the City Council and understands
he is an "at-will" employee subject to summary dismissal without any right of
notice or hearing, including any “Skelly” hearing. City may terminate the
employment of Employee at any time, as set forth in this section. Contractor
shall not be subject to the City’s Personnel System Rules and Regulations.
Contractor will not acquire a property interest in the position of Interim City
Manager. Contractor is a temporary employee employed to perform specialized
services in accordance with Government Code sections 7522.56 and 21221(h).
4.2. By Contractor. This Agreement may be terminated by Contractor for any
reason thirty (30) days after providing written notice to the City of such
termination. City shall have the option, in its complete discretion, to make
Contractor’s termination effective at any time prior to the end of such period,
provided City pays Contractor all compensation as set forth in Section 2.1 [Rate
of Pay] then due and owing him through the last day actually worked.
4.3. No Notice for Expiration. Nothing in this Section shall be construed to require
either party to give advance notice in order for the Agreement to expire as set
forth in Section 1.2 [Term].
4.4. Termination Obligations. Contractor agrees that all property, including,
without limitation, all equipment, tangible Proprietary Information (as defined
below), documents, records, notes, contracts, and computer-generated
materials furnished to or prepared by him incident to his employment belongs to
City and shall be returned promptly to City upon termination of Contractor’s
employment. Contractor’s obligations under this subsection shall survive the
termination of his employment and the expiration of this Agreement.
5. Confidential Information.
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“Confidential Information” shall include, but is not limited to, all information or
material that Contractor learns of or obtains during his employment with City as
Interim City Manager that is or was confidential or privileged by virtue of it having
been discussed or presented in a duly noticed closed session meeting of the City
Council, or otherwise privileged and/or confidential under applicable law, including
but not limited to personnel information, information pertaining to on-going or
potential litigation, information learned in the context of the attorney-client
relationship with the City Attorney or special counsel to the City. Confidential
Information as defined includes, but is not limited to, all data, materials, products,
technology, computer programs, specifications, manuals, business plans, software,
marketing plans, financial information, internal processes and procedures, and
other information disclosed or submitted, orally, in writing, or by any other media, to
Contractor by City. Nothing herein shall require City to disclose any of its
information to Contractor .
During his employment with City as City Manager on an interim basis, Contractor
shall use and disclose Confidential Information only for the benefit of City and as is,
or may be, necessary to perform his job responsibilities under this Agreement.
Following the termination of this Agreement, Contractor shall not use or disclose
any Confidential Information, except with the express written consent of City.
Contractor’s obligations under this Section shall survive the termination of his
employment and the expiration of this Agreement.
6. Conflict of Interest.
To the extent that Contractor has an interest, direct or indirect, financial or
otherwise, which would materially conflict, as shall be determined by the City
Attorney, in any manner or interfere in any way with the performance of services
under this Agreement, Contractor shall notify the Mayor of the conflict in advance
of, and shall refrain from participating in, any action to be taken by the City on such
matter.
7. General Provisions.
7.1. Recitals. The recitals, inclusive of all facts and representation, are
incorporated into this Agreement as if set forth in the Operative Provisions.
7.2. Notices. All notices, requests, demands and other communications under
this Agreement shall be in writing and shall be effective upon delivery by hand
or three (3) business days after deposit in the United States mail, postage
prepaid, certified or registered, and addressed to City at the address below, and
or at the last known address maintained in Contractor’s personnel file.
Contractor agrees to notify City in writing of any change in his address during
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his employment with City. Notice of change of address shall be effective only
when accomplished in accordance with this Section.
City’s Notice Address:
City of Rolling Hills
2 Portuguese Bend Road
Rolling Hills, CA 90274
Interim City Manager’s Address:
David Ready
2865 La Cadena Ct.
Palm Springs, CA. 92264
7.3. Indemnification. Subject to, in accordance with, and to the extent provided by
the California Government Claims Act [Government Code Section 810 et seq.],
City will indemnify, defend, and hold Contractor harmless from and against any
action, demand, suit, monetary judgment or other legal or administrative
proceeding, and any liability, injury, loss or other damages, arising out of any
act or omission occurring during Contractor’s tenure as City Manager, except
that this provision shall not apply with respect to any intentional tort or crime
committed by Contractor, or any actions outside the course and scope of his
employment as City Manager on an interim basis. City shall obtain and keep in
full force and effect liability insurance, or risk pool coverage, including errors
and omissions coverage on a “per occurrence” basis, in sufficient amounts to
ensure fulfillment of this hold harmless and indemnification clause.
7.4. Bonding. City shall bear the full cost of any fidelity or other bonds required of
the Interim City Manager under any law or ordinance.
7.5. Integration. This Agreement is intended to be the final, complete, and
exclusive statement of the terms of Contractor’s employment by City. This
Agreement supersedes all other prior and contemporaneous agreements and
statements, whether written or oral, express or implied, pertaining in any
manner to the employment of Contractor, and it may not be contradicted by
evidence of any prior or contemporaneous statements or agreements. To the
extent that the practices, policies, or procedures of City, now or in the future,
apply to Contractor and are inconsistent with the terms of this Agreement, the
provisions of this Agreement shall control .
7.6. Amendments. This Agreement may not be amended except in a written
document signed by Contractor, approved by the City Council and signed by
the City’s Mayor.
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7.7. Waiver. Failure to exercise any right under this Agreement shall not
constitute a waiver of such right.
7.8. Assignment. Contractor shall not assign any rights or obligations under this
Agreement. City may, upon prior written notice to Contractor, assign its rights
and obligations hereunder.
7.9. Severability. If a court or arbitrator holds any provision of this Agreement to
be invalid, unenforceable, or void, the remainder of this Agreement shall remain
in full force and effect.
7.10. Attorneys’ Fees. In any legal action, arbitration, or other proceeding brought
to enforce or interpret the terms of this Agreement, the prevailing party shall be
entitled to recover reasonable attorneys’ fees and costs.
7.11. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of California, with venue proper only in
Los Angeles County, State of California.
7.12. Interpretation. This Agreement shall be construed as a whole, according to
its fair meaning, and not in favor of or against any party. By way of example and
not in limitation, this Agreement shall not be construed in favor of the party
receiving a benefit nor against the party responsible for any particular language
in this Agreement. Captions are used for reference purposes only and should
be ignored in the interpretation of the Agreement. This Agreement may be
altered, amended or modified only by an instrument in writing, executed by the
Parties to this Agreement and by no other means. Each party waives their
future right to claim, contest or assert that this Agreement was modified,
cancelled superseded or changed by any oral agreement, course of conduct,
waiver or estoppel.
7.13. Acknowledgment. Contractor acknowledges that he has had the opportunity
to consult legal counsel in regard to this Agreement, that he has read and
understands this Agreement, that he is fully aware of its legal effect, and that he
has entered into it freely and voluntarily and based on his own judgment and
not on any representations or promises other than those contained in this
Agreement.
[Signature Page to Follow]
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IN WITNESS WHEREOF, City has caused this Agreement to be signed and executed
on its behalf by its Mayor and duly attested to by its City Clerk, and Contractor has
signed and executed this Agreement, as of the date first indicated above
INTERIM CITY MANAGER CITY OF ROLLING HILLS
_______________________________ __________________________________
David H. Ready Pat Wilson, Mayor
ATTEST: APPROVED AS TO FORM
_______________________________ __________________________________
Christian Horvath, City Clerk Patrick Donegan, City Attorney
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David H. Ready, Esq., Ph.D.
Palm Springs, CA. 92264
cmdhr@mac.com
760-409-0833
Summary
Over 30 years of executive government experience with demonstrated expertise in a wide range of
administrative and development achievements. Areas of specialization include:
• Public Administration; operational administration of government service delivery
• Public Policy; formation and implementation theory to practice
• Economic and Community Development; public/private partnerships
• Intergovernmental Relations; resolving complex multi-jurisdictional issues
• Social Services; poverty reduction strategies and homelessness issues
• Political Environment; elected official and stakeholder advocacy/alignment
Professional Experience
Interim City Manager
Palos Verdes Estates, California, February-July 2023
City Manager
Palm Springs, California, 2000 – 2021
Chief Executive Officer for the City, responsible for all local government operations, including the Palm
Springs International Airport. As the City’s longest serving City Manager, achievements include extensive
community and economic development initiatives, institutionalization of neighborhood organization
involvement, strategic financial and administrative realignments, and resolution of complex regional
inter-governmental regulatory challenges.
Adjunct Faculty – Public Administration
California State University, San Bernardino, 2004 – present
Courses taught include: Government and Business Relations – Public Policy Analysis – Administrative
Regulation – Local Government Administration – Government in the Digital Age – Local Economic
Development – Intergovernmental Relations – Public Administration Theory.
City Administrator
City of Flint, Michigan, 1992 – 2000
Chief Administrative Officer for all local government operations including the City’s Pension Fund.
Particular emphasis and achievements were on issues of urban renewal, job creation, and civic
engagement.
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David H. Ready, page 2
Deputy for Management, Budget and Development
City of Canton, Ohio, 1989 – 1991
Responsible for coordination of the City’s budget with policy and program initiatives. Also, served as the
Mayor’s liaison for intergovernmental relations and legislative advocacy.
Education
• Doctor of Philosophy, Political Science/Public Administration
o Wayne State University – Detroit, Michigan, 2006
• Juris Doctorate
o University of Akron – Akron, Ohio, 1992
o Member of the State of Ohio Bar
• Master of Arts, Urban Affairs
o University of Akron – Akron, Ohio, 1988
• Bachelor of Arts, Political Science
o Kent State University – Kent, Ohio, 1982
Additional Public Executive Training Programs
• Harvard University, Kennedy School of Government
o Leadership for the 21st Century: Chaos, Conflict and Courage
o Creating Collaborative Solutions: Innovations in Governance
o Driving Government Performance
• University of California at Berkeley, Goldman School of Public Policy
o Strategic Management of Public Organizations
Past Professional and Community Participation
• Genesee County, Michigan, Mass Transportation Authority Board, Chairman
• Women’s Shelter of Greater Flint, Michigan, Board of Directors, President
• Food Bank of Eastern Michigan, Board Member
• City of Flint, Michigan, Pension Board, Chairman
• Mott Community College Foundation, Board Member, Flint, MI
• American Society for Public Administration, Policy Issues Committee, MI
• National League of Cities, Urban Poverty Policy Committee, Washington, D.C.
• Akron/Canton Ohio Regional Food Bank, Board Member
• Stark County, Ohio, Mental Health Integrated Consumer Assistance Board Member
• Desert Regional Hospital, Governing Board of Directors, Palm Springs, CA
• Palm Springs International Film Festival, Board Member, Palm Springs, CA
• Multi-Species Conservation Plan, Technical Advisory Committee, Palm Springs, CA
• California State University at San Bernardino, Public Administration Advisory Board, Chairman
• Riverside County, California, Emergency Medical Care Committee
• Coachella Valley Association of Governments, Technical Advisory Committee, Chairman, CA
• EPA/PM-10 Air Quality Advisory Committee, Coachella Valley Regional Governments, CA
• Cal-ICMA, Ethics Sub-Committee, CA
194
Agenda Item No.: 16.A
Mtg. Date: 07/10/2023
TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM:ELAINE JENG, CITY MANAGER
THRU:ELAINE JENG P.E., CITY MANAGER
SUBJECT:
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)
DATE:July 10, 2023
BACKGROUND:
None.
DISCUSSION:
None.
FISCAL IMPACT:
None.
RECOMMENDATION:
None.
ATTACHMENTS:
195