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CL_AGN_231023_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 OCTOBER 23, 2023 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 AGENDA Regular City Council Meeting CITY COUNCIL Monday, October 23, 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. 1351 Next Ordinance No. 384 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: SEPTEMBER 25, 2023 REGULAR MEETING RECOMMENDATION: Approve as presented. 8.D.PAYMENT OF BILLS RECOMMENDATION: Approve as presented. 9.EXCLUDED CONSENT CALENDAR ITEMS 10.COMMISSION ITEMS 10.A.CONSIDERATION TO RECEIVE AND FILE RESOLUTION NO. 2023-11 FROM THE PLANNING COMMISSION GRANTING APPROVAL OF ZONING CASE NO. 22-51 FOR A SITE PLAN REVIEW TO CONSTRUCT A NEW SINGLE-FAMILY RESIDENCE WITH A BASEMENT, ATTACHED GARAGE, FIVE-FOOT-HIGH RETAINING WALLS, NON-EXEMPT GRADING, AND RELATED IMPROVEMENTS; VARIANCES TO CONSTRUCT: (1) A SWIMMING POOL/SPA IN THE FRONT YARD, (2) RETAINING WALLS EXCEEDING AN AVERAGE OF 2' 6" FEET IN HEIGHT, (3) RETAINING WALLS IN THE FRONT YARD, AND (4) NON-EXEMPT GRADING EXPORT ON A PROPERTY LOCATED AT 4 POPPY TRAIL, ROLLING HILLS, CA 90274 (LOT 17-A-PT) (ARVIDSON), AND FINDING THE PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT RECOMMENDATION: Receive and file. CL_AGN_231023_CC_AffidavitofPosting.pdf CL_MIN_230925_CC_F.pdf CL_AGN_231009_CC_PaymentOfBills.pdf CL_AGN_231023_CC_PaymentOfBills.pdf ATTACHMENT1_CL_PBN_230321_4PoppyTrail_ZC22-51_VicinityMap.pdf ATTACHMENT2_PL_ADR_4PoppyTrail_ZC22-51_DevelopmentTable_RevisedProject.pdf ATTACHMENT3_2023-11_PC_Resolution_4PoppyTrail_ZC 22-51_F_E.pdf ATTACHMENT4_PL_ADR_4PoppyTr_ZC22-51_230711_Email_DaveLong.pdf ATTACHMENT5_CL_AGN_230718_PC_Item9A_PublicComment_NConstant.pdf ATTACHMENT6_CL_AGN_230912_PC_Item9A_PublicComment01.pdf ATTACHMENT7_CL_AGN_230912_PC_Item9A_PublicComment02.pdf ATTACHMENT8_CL_AGN_230912_PC_Item9A_PublicComment03.pdf ATTACHMENT9_CL_AGN_230912_PC_Item9A_PublicComment04.pdf ATTACHMENT10_CL_AGN_230912_PC_Item9A_PublicComment05.pdf ATTACHMENT11_CL_AGN_CC_231009_09_CommissionItems_Email_Becker.pdf ATTACHMENT12_PL_ADR_4PoppyTrail_ZC22-51_Architectural.pdf ATTACHMENT13_PL_ADR_4PoppyTrail_ZC22-51_SitePlan_Grading.pdf 2 10.B.CONSIDERATION TO RECEIVE AND FILE RESOLUTION NO. 2023-12 FROM THE PLANNING COMMISSION GRANTING APPROVAL OF ZONING CASE NO 23-077 FOR A SITE PLAN REVIEW AND LOT LINE ADJUSTMENT BETWEEN THREE LOTS AT 10,12, AND 14 PINE TREE LANE TO CREATE TWO LARGER LOTS WITH A COMBINED GROSS LOT AREA OF 7.84 ACRES (LOTS 85-1-RH, 85-2-RH, 85-3-RH) (HASSOLDT), AND FINDING THE PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT RECOMMENDATION: Receive and file. 11.PUBLIC HEARINGS 12.OLD BUSINESS 12.A.APPROVE CURRENT NOISE LEVELS IN THE COUNCIL CHAMBERS OR RECONSIDER AND APPROVE CONTRACT CHANGE ORDER 4B WITH AC PROS TO RESOLVE AIRFLOW NOISE CONCERNS IN THE CITY COUNCIL CHAMBERS AS PART OF THE CITY HALL HEATING, VENTILATION, AIR CONDITIONING (HVAC) PROJECT 2023-01 RECOMMENDATION: Evaluate the current noise levels in the Chamber and approve as is or reconsider approval of Contract Change Order 4B; Approve release of held checks for S&K Engineering and AC Pros. 12.B.APPROVE THE DEVELOPMENT PLANS FOR AN EMERGENCY OUTDOOR SIREN SYSTEM AT THREE LOCATIONS, DIRECT STAFF TO PROCEED WITH THE PERMITTING AND INSTALLATION OF THE SIREN SYSTEM, AND MAKE A FINDING THE PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT RECOMMENDATION: Approve as presented. 13.NEW BUSINESS 13.A.APPOINTMENT OF CITY MANAGER AND APPROVAL OF EMPLOYMENT AGREEMENT FOR CITY MANAGER SERVICES RECOMMENDATION: Adopt Resolution No. 1350, appointing Karina Banales to the position of City Manager effective November 13, 2023, and approve the ATTACHMENT14_PL_ADR_4PoppyTrail_ZC22- 51_Alternate_Development_on_Barn_Pad.pdf ATTACHMENT1_BuildingVicinityMap ATTACHMENT2_2023-12_PC_Resolution_101214PineTreeLane_ZC23- 077_Hassoldt_F_E.pdf ATTACHMENT3_Existing_ProposedLotInformation ATTACHMENT4_DevelopmentTable ATTACHMENT5_TentativeLotLineAdjustmentMap CL_BID_230905_2023-01_ACPros_CO-04A_ChamberAddedScope.pdf CL_BID_230905_2023-01_ACPros_CO-04B_MechnicalRoomDamper.pdf PW_OutdoorSirenSystem_Plans_OUTDOOR_MNS_- _RHA_SUBMITTAL_10_03_23_V1.1.pdf PW_OutdoorSirenSystem_Photos.pdf CL_AGN_230706_HQE_SirenInstallation_F_A2_E.pdf 3 employment agreement with Ms. Banales attached as Exhibit A to Resolution No. 1350. 13.B.APPROVE A THIRD AMENDMENT TO THE LEASE AGREEMENT WITH THE ROLLING HILLS COMMUNITY ASSOCIATION EXTENDING THE TERM UNTIL DECEMBER 31, 2043 RECOMMENDATION: Approve as presented. 13.C.APPROVE AMENDED AND RESTATED AGREEMENT BETWEEN TURBO DATA SYSTEMS AND THE PALOS VERDES PARKING AUTHORITY (ROLLING HILLS, ROLLING HILLS ESTATES, AND RANCHO PALOS VERDES) TO PROVIDE PARKING CITATION ADMINISTRATIVE SERVICES RECOMMENDATION: Approve as presented. 13.D.APPROVE FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH MV CHENG & ASSOCIATES FOR FINANCE SERVICES RECOMMENDATION: Approve as presented. 13.E.CONSIDERATION OF REQUEST FROM RHCA TO EXECUTE A LICENSE AGREEMENT WITH COX BUSINESS RECOMMENDATION: Review and provide direction to City staff. 13.F.ACCEPT THE CITY HALL HEATING, VENTILATION AND AIR CONDITIONING PROJECT #2023-01 AS COMPLETE, FILE NOTICE OF COMPLETION, AND RELEASE RETENTION AFTER 30 DAY LIEN PERIOD TO AC PROS RECOMMENDATION: Approve as presented. 13.G.CONSIDER REQUESTS FROM THE PENINSULA SENIORS AND THE WOMEN'S COMMUNITY CLUB OF ROLLING HILLS; DETERMINE FISCAL YEAR 23/24 CONTRIBUTION AMOUNTS FOR COMMUNITY ORGANIZATIONS RECOMMENDATION: Provide direction to staff. 13.H.CONSIDERATION OF THE CITY OF REDONDO BEACH MAYOR AND COUNCIL'S OCTOBER 3, 2023 LETTER REQUESTING SUPPORT FOR THE METRO C-LINE EXTENSION ELEVATED HAWTHORNE ALIGNMENT RECOMMENDATION: Receive and file. Provide direction to staff. ResolutionNo1350_CityManager_Appointment.pdf CA_AGR_231023_CM_Agreement_KarinaBanales.pdf CA_AGR_230907_RHCA_LeaseAmendment03_PE.pdf CA_AGR_230710_RHCA_LeaseAmendment02.pdf RHCA 2018-2028_SignedAgreement.pdf CA_AGR_200717_FirstAmendment_RoadStriping_E.pdf CL_AGN_231023_CC_RPV_Tubodata_RestatedAgreement.pdf CA_AGR_231023_MVCheng_Amendment01.pdf CA_AGR_210712_MVCheng_FinanceServices_E.pdf CL_AGN_231023_CC_COX_Agrmt_RHCA.pdf CL_BID_230821_2023-01_ACPros_Invoice04_Retention_CP.pdf CL_BID_230821_2023-01_ACPros_NoticeOfCompletion_D.pdf CL_AGN_231023_CC_PeninsulaSeniors_Request.pdf CL_AGN_231023_CC_WomensClub_Request_Receipts.pdf CL_AGN_231023_CC_RB_Letter_Metro_C-Line_PreferredAlternative.pdf 4 14.MATTERS FROM THE CITY COUNCIL 14.A.VERBAL REPORT FROM THE SOLID WASTE AND RECYCLING COMMITTEE ON THE OCTOBER 3, 2023 MEETING RECOMMENDATION: Receive and file. 14.B.RECONSIDERATION OF THE RECENT DECISION TO HOLD A DECEMBER 13, 2023 CITY COUNCIL MEETING (COUNCILMEMBER DIERINGER/MAYOR WILSON) RECOMMENDATION: Provide direction to staff. 15.MATTERS FROM STAFF 15.A.RECEIVE AND FILE FIRE FUEL ABATEMENT AND CODE ENFORCEMENT QUARTERLY REPORT FOR THE THIRD QUARTER OF 2023 (JULY 1 THROUGH SEPTEMBER 30) RECOMMENDATION: Receive and file. 15.B.REVIEW AND APPROVE THE 2023 HOLIDAY OPEN HOUSE FINAL GUEST LIST; PROVIDE DIRECTION ON PURCHASE OF AN ARTIFICIAL CHRISTMAS TREE RECOMMENDATION: Approve list as presented; provide direction to staff. 15.C.RECEIVE AND FILE A REPORT ON THE PLANNING COMMISSION AND TRAFFIC COMMISSION TERMS EXPIRING ON JANUARY 1, 2024. R E C O M M E N D AT I O N : Receive and file the proposed schedule for appointments of Planning Commissioners and Traffic Commissioners. 16.RECESS TO CLOSED SESSION 16.A.CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION PURSUANT TO CALIFORNIA GOVERNMENT CODE, SECTION 54956.9 (D)(4). ONE POTENTIAL CASE - 79 EASTFIELD DRIVE, APN 7567-005-028 RECOMMENDATION: None. 16.B.CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION EXPOSURE TO LITIGATION PURSUANT TO GOV. CODE 54956.9(D)(2) POTENTIAL CASES: ONE FACTS AND CIRCUMSTANCES: FACTS AND CIRCUMSTANCES THAT MIGHT RESULT IN LITIGATION AGAINST THE CITY (GOV. CODE 54956.9(E)(1)) RECOMMENDATION: None. CE_QRP_2023_Q3_Closed_Cases.pdf CE_QRP_2023_Q3_Opened_Cases.pdf CE_QRP_2023_Q3_Cumulative_Open_Cases.pdf CL_AGN_231009_CC_HolidayOpenHouse_ProposedInviteList.pdf CL_AGN_231023_CC_TentativeCommissionerAppointment_Timeline.pdf CL_AGN_231023_CC_PC-Appt_Posting.pdf CL_AGN_231023_CC_TC-Appt_Posting.pdf 5 17.RECONVENE TO OPEN SESSION 18.ADJOURNMENT Next regular meeting: Monday, November 13, 2023 at 7:00 p.m. in the City Council Chamber, Rolling Hills City Hall, 2 Portuguese Bend Road, Rolling Hills, California, 90274. Notice: Public Comment is welcome on any item prior to City Council action on the item. Documents pertaining to an agenda item received after the posting of the agenda are available for review in the City Clerk's office or at the meeting at which the item will be considered. In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting due to your disability, please contact the City Clerk at (310) 377-1521 at least 48 hours prior to the meeting to enable the City to make reasonable arrangements to ensure accessibility and accommodation for your review of this agenda and attendance at this meeting. 6 Agenda Item No.: 8.A Mtg. Date: 10/23/2023 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO CITY MANAGER THRU:DAVID H. READY SUBJECT:APPROVE AFFIDAVIT OF POSTING FOR THE CITY COUNCIL REGULAR MEETING OF OCTOBER 23, 2023 DATE:October 23, 2023 BACKGROUND: None. DISCUSSION: None. FISCAL IMPACT: None. RECOMMENDATION: Approve. ATTACHMENTS: CL_AGN_231023_CC_AffidavitofPosting.pdf 7 Administrative Report 8.A., File # 2030 Meeting Date: 10/23/202 3 To: MAYOR & CITY COUNCIL From: Christian Horvath, City Clerk TITLE APPROVE AFFIDAVIT OF POSTING FOR THE CITY COUNCIL REGULAR MEETING OF OCTOBER 23 , 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 OCTOBER 23 , 202 3 7:00pm Open Session As City Clerk of the City of Rolling Hills, I declare under penalty of perjury, the document noted above was posted at the date displayed below. Christian Horvath, City Clerk Date: Octo ber 20, 2023 8 Agenda Item No.: 8.B Mtg. Date: 10/23/2023 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO CITY MANAGER THRU:DAVID H. READY SUBJECT:APPROVE MOTION TO READ BY TITLE ONLY AND WAIVE FURTHER READING OF ALL ORDINANCES AND RESOLUTIONS LISTED ON THE AGENDA DATE:October 23, 2023 BACKGROUND: None. DISCUSSION: None. FISCAL IMPACT: None. RECOMMENDATION: Approve. ATTACHMENTS: 9 Agenda Item No.: 8.C Mtg. Date: 10/23/2023 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO CITY MANAGER THRU:DAVID H. READY SUBJECT:APPROVE THE FOLLOWING CITY COUNCIL MINUTES: SEPTEMBER 25, 2023 REGULAR MEETING DATE:October 23, 2023 BACKGROUND: None. DISCUSSION: None. FISCAL IMPACT: None. RECOMMENDATION: Approve as presented. ATTACHMENTS: CL_MIN_230925_CC_F.pdf 10 MINUTES – CITY COUNCIL MEETING Monday, September 25, 2023 Page 1 Minutes Rolling Hills City Council Mon day, September 25 , 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 7:00 p.m. Mayor Wilson presiding. 2. ROLL CALL Councilmembers Present: Black, Dieringer, Mayor Pro Tem Mirsch, Mayor Wilson Councilmembers Absent: Pieper Staff Present: David Ready, Interim 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 – Mayor Pro Tem Mirsch 4. PRESENTATIONS/PROCLAMATIONS/ANNOUNCEMENTS – NONE 5. APPROVE ORDER OF THE AGENDA Motion by Councilmember Dieringer, seconded by Councilmember Black to approve order of the agenda . Motion carried unanimously with the following vote: AYES: Black, Dieringer, Mirsch, Mayor Wilson NOES: None ABSENT: Pieper 6. BLUE FOLDER ITEMS (SUPPLEMENTAL) – NONE 7. PUBLI C COMMENT ON NON-AGENDA ITEMS – NONE 8. CONSENT CALENDAR 8.A. APPROVE AFFIDAVIT OF POSTING FOR THE CITY COUNCIL REGULAR MEETING OF SEPTEMBER 25, 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: SEPTEMBER 11, 2023 REGULAR MEETING 8.D. PULLED BY COUNCILMEMBER DIERINGER 8.E. PULLED BY MAYOR PRO TEM MIRSCH 11 MINUTES – CITY COUNCIL MEETING Monday, September 25, 2023 Page 2 8.F. ADOPT RESOLUTION NO. 1349 TEMPORAILIY AUTHORIZING ROAD WORK ON PORTUGUESE BEND ROAD BETWEEN THE HOURS OF 6:00 A.M. AND 7:00 P.M. Motion by Councilmember Dieringer, seconded by Councilmember Black to approve Consent Calendar except Items 8D and 8E. Motion carried unanimously with the following vote: AYES: Black, Dieringer, Mirsch, Mayor Wilson NOES: None ABSENT: Pieper 9. EXCLUDED CONSENT CALENDAR ITEMS 8.D. PAYMENT OF BILLS Motion by Councilmember Dieringer, seconded by Councilmember Black to approve the Payment of Bills but remove the check for S&K Engineering and consider with Item 12A. Motion carried unanimously with the following vote: AYES: Black, Dieringer, Mirsch, Mayor Wilson NOES: None ABSENT: Pieper 8.E. REPUBLIC SERVICES RECYCLING TONNAGE AND COMPLAINT REPORTS FOR AUGUST 2023 Motion by Mayor Pro Tem Mirsch, seconded by Councilmember Black to receive and file. Motion carried unanimously with the following vote: AYES: Black, Dieringer, Mirsch, Mayor Wilson NOES: None ABSENT: Pieper 10. COMMISSION ITEMS – NONE 11. PUBLIC HEARINGS – NONE 12. OLD BUSINESS 12.A. CONSIDER AND APPROVE CONTRACT CHANGE ORDER 4B WITH AC PROS TO RESOLVE AIRFLOW NOISE CONCERNS IN THE CITY COUNCIL CHAMBERS AS PART OF THE CITY HALL HEATING, VENTILATION, AIR CONDITIONING (HVAC) PROJECT 2023-01 Presentation by City Clerk / Executive Assistant to the City Manager Christian Horvath Interim City Manager David Ready Motion by Councilmember Dieringer, seconded by Councilmember Black to hold the payment for S&K Engineering. Motion carried unanimously with the following vote: AYES: Black, Dieringer, Mirsch, Mayor Wilson NOES: None ABSENT: Pieper 12 MINUTES – CITY COUNCIL MEETING Monday, September 25, 2023 Page 3 Motion by Councilmember Dieringer, seconded by Councilmember Black to table this item pursuant to discussion and direction by the Council to find other solutions. Motion carried unanimously with the following vote: AYES: Black, Dieringer, Mirsch, Mayor Wilson NOES: None ABSENT: Pieper 13. NEW BUSINESS 13.A. APPROVE FORMATION AND MEMBERS OF AN AD HOC COMMITTEE REGARDING THE ACTIVATION AND DEPLOYMENT OF AN EMERGENCY SIREN NOTIFICATION SYSTEM Presentation by Interim City Manager David Ready Public Comment: Melissa McNabb, Arlene Honbo, Marita Geraghty By unanimous consent the City Council selected Councilmembers Black and Dieringer to be members of the Ad Hoc Committee along with a resident representative as selected by the Block Captains. 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.A UPDATE ON POINTS OF EGRESS DURING AN EMERGENCY EVENT AT CREST ROAD EAST GATE AND USE OF PRIVATE PROPERTY TO CRENSHAW BLVD./SILVER SPUR LANE (COUNCILMEMBER BLACK) Presentation by City Clerk / Executive Assistant to the City Manager Christian Horvath Public Comment: Alfred Visco, Arlene Honbo, Melissa McNabb Motion by Councilmember Dieringer, seconded by Councilmember Black to receive and file. Motion carried unanimously with the following vote: AYES: Black, Dieringer, Mirsch, Mayor Wilson NOES: None ABSENT: Pieper Councilmember Dieringer shared information about Palos Verdes Peninsula Village and the service benefits to elderly residents. 15. MATTERS FROM STAFF 15.A CONSIDER CANCELLATION OF NOVEMBER 27, 2023 REGULAR CITY COUNCIL MEETING AND SCHEDULE A SPECIAL CITY COUNCIL MEETING ON TUESDAY, DECEMBER 12, 2022 Mayor Wilson shared his thoughts and availability. 13 MINUTES – CITY COUNCIL MEETING Monday, September 25, 2023 Page 4 Motion by Mayor Pro Tem Mirsch, seconded by Councilmember Black to cancel the November 27, 2023 Council meeting, hold a Council meeting on Wednesday, December 13, 2023, and place Wednesday, December 27, 2023 as a date for a potential meeting if needed. Motion carried unanimously with the following vote: AYES: Black, Dieringer, Mirsch, Mayor Wilson NOES: None ABSENT: Pieper 16. RECESS TO CLOSED SESSION – 8:13 P.M. Mayor Wilson noted that the meeting will later be adjourned in memory of resident Donovan Black. 16.A. CONFERENCE WITH REAL PROPERTY NEGOTIATOR GOVERNMENT CODE SECTION 54956.8 PROPERTY: CIVIC CENTER AND PARKING AREA, TENNIS COURTS, RIDING RINGS, STORM HILL PARK CITY NEGOTIATOR: INTERIM CITY MANAGER NEGOTIATING PARTIES: ROLLING HILLS COMMUNITY ASSOCIATION UNDER NEGOTIATION: LEASE PRICE 16.B. CONFERENCE WITH LABOR NEGOTIATOR GOVERNMENT CODE SECTION 54957.6 CITY'S DESIGNATED REPRESENTATIVE: MAYOR PATRICK WILSON UNREPRESENTED EMPLOYEE: CITY MANAGER 17. RECONVENE TO OPEN SESSION – 8:55 P.M. No reportable action. 18. ADJOURNMENT: 8:55 P.M. The meeting was adjourned in memory of resident Donovan Black.at 8:55 p.m on September 25 , 2023. The next regular adjourned meeting of the City Council is scheduled to be held on Monday, October 9, 2023 beginning at 7:00 p.m. in the City Council Chamber at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. It will also be available via City’s website link at: https://www.rolling- hills.org/government/agenda/index.php All written comments submitted are included in the record and available for public review on the City website. Respectfully submitted, ____________________________________ Christian Horvath, City Clerk Approved, ____________________________________ Patrick Wilson, Mayor 14 Agenda Item No.: 8.D Mtg. Date: 10/23/2023 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO CITY MANAGER THRU:DAVID H. READY SUBJECT:PAYMENT OF BILLS DATE:October 23, 2023 BACKGROUND: None. DISCUSSION: None. FISCAL IMPACT: None. RECOMMENDATION: Approve as presented. ATTACHMENTS: CL_AGN_231009_CC_PaymentOfBills.pdf CL_AGN_231023_CC_PaymentOfBills.pdf 15 16 17 18 19 Agenda Item No.: 10.A Mtg. Date: 10/23/2023 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:JOHN SIGNO, DIRECTOR OF PLANNING & COMMUNITY SERVICES THRU:DAVID H. READY SUBJECT: CONSIDERATION TO RECEIVE AND FILE RESOLUTION NO. 2023-11 FROM THE PLANNING COMMISSION GRANTING APPROVAL OF ZONING CASE NO. 22-51 FOR A SITE PLAN REVIEW TO CONSTRUCT A NEW SINGLE-FAMILY RESIDENCE WITH A BASEMENT, ATTACHED GARAGE, FIVE-FOOT-HIGH RETAINING WALLS, NON-EXEMPT GRADING, AND RELATED IMPROVEMENTS; VARIANCES TO CONSTRUCT: (1) A SWIMMING POOL/SPA IN THE FRONT YARD, (2) RETAINING WALLS EXCEEDING AN AVERAGE OF 2' 6" FEET IN HEIGHT, (3) RETAINING WALLS IN THE FRONT YARD, AND (4) NON- EXEMPT GRADING EXPORT ON A PROPERTY LOCATED AT 4 POPPY TRAIL, ROLLING HILLS, CA 90274 (LOT 17-A-PT) (ARVIDSON), AND FINDING THE PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT DATE:October 23, 2023 BACKGROUND: The Planning Commission held public hearings on this case at its meetings on March 21, 2023, July 18, 2023, August 15, 2023, and September 12, 2023. At the September 12th meeting, the Planning Commission voted unanimously to adopt Resolution No. 2023-11 approving the proposed project. History March 21, 2023 Planning Commission Field Trip and Evening Meeting This item was originally presented to the Planning Commission on March 21, 2023. The Planning Commission held a field trip at the site in the morning and an evening meeting. The Commission voted to continue the item to the April 18th meeting so the applicant could look into the issues discussed, particularly regarding development on the barn pad and reducing grading. The motion passed unanimously. On April 18, 2023, the applicant was still addressing the issues regarding grading and barn 20 pad location so the item was not included on the agenda. July 18, 2023 Planning Commission Evening Meeting The item was re-noticed for the July 18th Planning Commission meeting to give the applicant more time to discuss relocating the proposed residence to the barn pad. At that meeting, the Commission took public testimony and advised the applicant to continue working with neighbors on the feasibility of developing the proposed residence on the existing barn pad. The public hearing was continued to August 15, 2023. Subsequently, the applicant met with Mr. Nikos Constant at 25 Georgeff Road, but the parties were not able to come to an agreement on offsite remediation and development of the barn pad. As such, the applicant is choosing to move forward with the original proposal of creating a new building pad in the middle of the property. August 15, 2023 Planning Commission Evening Meeting Prior to the meeting, the applicant requested a continuance to further address the Planning Commission's concerns with grading. The Planning Commission opened the public hearing, received public testimony (there were no speakers), and continued the item to September 12, 2023. September 12, 2023 Planning Commission Evening Meeting Neighbors were concerned with the proposed project and staff received several emails prior to the meeting which were forwarded to Commissioners and included as a supplement in the Blue Folder. The Commission opened the public hearing and took public testimony. Public comment was received from Dave Long, Mark Minkes, Nikos Constant, and Greg Becker. Their concerns included the size and location of the proposed project, soil stability, and the environmental exemption. It was requested that the project be continued for further consideration. The Commission responded by indicating the public hearing began in March 2023 and the applicant considered revising the plan to develop on the barn pad, which was not feasible. The applicant was able to reduce the amount of grading on the original development pad as directed by the Planning Commission. The Commission acknowledged residents' concerns and indicated the project has been ongoing for several months. The project has been revised and the applicant was able to reduce the amount of grading. Revised Project The applicant, Dan Bolton of Bolton Engineering, on behalf of the property owner, Andy Arvidson, revised the proposed project to reduce the amount of grading. This was accomplished by removing the accessory dwelling unit (ADU) in order to reduce grading. Minor revisions were also made including slightly altering the building pad, shifting the garage by three feet in order to accommodate the smaller building pad, and extending the length of retaining walls along the driveway. The revised proposal is a request to approve the construction of a new 7,290-square-foot (SF) single-family residence with a 7,290 SF basement, 1,100 SF attached garage, 1,135 square feet of attached covered porches, 195 SF attached trellis, 540 SF swimming pool/spa, pool equipment, service yard, lightwells, maximum five-foot-high retaining walls, driveway, walkways, landscaping, and other improvements. Originally, the proposed project included 41,874 cubic yards (CY) of grading with , including 22,340 CY cut and 19,534 CY fill. The revised project reduces grading to 24,775 CY, including 21 15,905 CY cut and 8,870 CY fill. However, the revision requires the export of 3,830 CY of grading, not including exempt grading for the basement and swimming pool. The export requires a variance and the application has been revised accordingly and the project has been properly renoticed. The swimming pool/spa, service yard and other minor improvements are typically not subject to discretionary review. However, the swimming pool/spa requires a variance for location in the front yard, and certain retaining walls require a variance for location in the front yard and having an average height above two-and-one-half feet. Traffic Commission On March 23, 2023, the Traffic Commission reviewed the proposed project to widen the driveway and apron. The existing driveway apron connects to a "bulge" on Poppy Trail and is approximately 13 feet wide; the existing driveway is 10 feet wide. The proposed project will widen the apron and driveway to 20 feet. The length of the overall driveway from Poppy Trail to the main residence will be approximately 700 feet. Adequate access for the Fire Department will be provided. The Traffic Commission unanimously recommended approval of the proposal on a 3-0 vote (Margeta and Virtue absent). Building Pads/Driveway Access The proposed project will create one new building pad in contrast to the original proposal which included a pad for the ADU. The main building pad will be reduced from 20,635 SF to 19,600 SF located generally in the middle of the property. The building pad will be located outside of any required setbacks and will be accessible via a new 20-foot-wide driveway that connects to an existing driveway and ultimately to Poppy Trail. There will be a turnaround for Fire Department access at the terminus of the new driveway on the main building pad. The existing driveway, which connects to Poppy Trail, will be widened to 20 feet. The length of the overall driveway from Poppy Trail to the main residence will be approximately 700 feet. The Traffic Commission recommended approval of the widening of the driveway and apron at its meeting on Thursday, March 23, 2023. Zoning, Location, and Lot Description The property located at 4 Poppy Trail is zoned RAS-2 and has a net lot area of 6.37 acres (277,335 square feet). Only one building pad exists on the property and is located at the highest portion in rear of the property. This building pad is 16,200 square feet and is developed with a 3,330 SF stable. The property is irregularly shaped and only has an 86-foot segment connected to Poppy Trail. The front property line is considered the portion that connects to Poppy Trail plus the eastern property line which parallels an equestrian dirt path known as the Sleepy Hollow Trail. Sleepy Hollow Trail traverses much of the front yard setback which is 50 feet wide. The 50-foot-wide rear yard setback is along the western property line and the 35-foot-wide side yard setback is along all other property lines. The property slopes upward from Poppy Trail to the existing barn in the southwestern corner. The elevation difference between Poppy Trail to the barn pad is approximately 172 feet with the proposed main building pad approximately 100 feet higher than Poppy Trail. Previous Approvals On May 18, 2004, the Planning Commission adopted Resolution Nos. 2004-13 A and B 22 approving a lot line adjustment between three parcels and a variance to retain an existing stable on the subject property which is located in the side yard setback. The stable was constructed around 1977 for use by the property owner who lived on the abutting property at 8 Reata Lane. On September 14, 2010, the Planning Commission adopted Resolution No. 2010-18 approving a lot line adjustment between three properties, included a lot owned by the City. DISCUSSION: Revised Project The request is for a Site Plan Review for construction of the residence and appurtenant structures and for grading. The applicant requests four variances: (1) swimming pool/spa in the front yard; (2) retaining walls exceeding an average of 2½ feet in height; (3) retaining walls in the front yard; and (4) non-exempt grading export. The total structures will be 14,180 SF or 5.1% of the net lot area. The flatwork area, which includes the driveway, paved walkways, patios, and courtyards is 17,400 square feet. This covers 6.3% of the net lot area. Total disturbance covers 64,100 SF or 23.1%. This is reduced from the original of 109,995 SF or 39.7% of the net lot area. The residential building pad will be 19,600 SF (reduced from 20,635 SF) and the residence and other structures will cover 53.6% of the pad, not including attached trellises which are exempt. The existing stable pad will not change. It is 16,200 SF and the stable covers 21.5% of the pad. A preliminary landscape plan has been reviewed by the City's landscape consultant for compliance with the Model Water Efficient Landscape Ordinance (MWELO); however, a revised landscape plan is needed to address changes to the plan. The plan was reviewed for appropriateness and adaptability of selected plants, water efficient irrigation design, and the use of design elements that enhance the character of the community. The preliminary landscape plan for the original project was found to be in compliance with MWELO and landscape conditions will be included for installation and maintenance. Site Plan Review Site Plan Review (SPR) is needed for construction of any new building or structures, and non- exempt grading per Rolling Hills Municipal Code (RHMC) Section 17.46.020. Variance Requests Variance requests are needed to as mentioned above. Findings are necessary to support approval of the variances. Environmental Review The proposed project has been determined to not have a significant effect on the environment 23 and is categorically exempt from the provisions of CEQA pursuant to Section 15303 (New Construction or Conversion of Small Structures) of the CEQA Guidelines, which exempts a single-family residence, swimming pool, and accessory structures. Public Participation The public hearing was published in the Daily Breeze and notices were sent to owners within 1,000 feet of the subject property on three occasions: March 10, 2023, for the March 21st meeting; July 8, 2023, for the July 18th meeting; and August 31, 2023, for the September 12th meeting. Mr. John Lacey was able to provide comments at the March 21, 2023 Planning Commission meeting regarding reducing grading and land movement. An email was received from Mr. Dave Long who indicated his home is situated directly across the project site. Mr. Long is opposed to the project. His email is attached. Correspondences and testimony were made by Mr. Nikos Constant. A letter is attached. Other correspondences were received from Ms. Sharon Minkes and Mr. Gregory Becker, which are included as attachments. CRITERIA FOR SITE PLAN REVIEW 17.46.050 - Required Site Plan Review findings. The Commission shall be required to make findings in acting to approve, conditionally approve, or deny a Site Plan Review application. No project which requires Site Plan Review approval shall be approved by the Commission, or by the City Council on appeal, unless the following findings can be made: 1. The project complies with and is consistent with the goals and policies of the general plan and all requirements of the zoning ordinance; 2. The project substantially preserves the natural and undeveloped state of the lot by minimizing building coverage. Lot coverage requirements are regarded as maximums, and the actual amount of lot coverage permitted depends upon the existing buildable area of the lot; 3. The project is harmonious in scale and mass with the site, the natural terrain and surrounding residences; 4. The project preserves and integrates into the site design, to the greatest extent possible, existing topographic features of the site, including surrounding native vegetation, mature trees, drainage courses and land forms (such as hillsides and knolls); 5. Grading has been designed to follow natural contours of the site and to minimize the amount of grading required to create the building area; 6. Grading will not modify existing drainage channels nor redirect drainage flow, unless such flow is redirected into an existing drainage course; 7. The project preserves surrounding native vegetation and mature trees and supplements these elements with drought-tolerant landscaping which is compatible with and 24 enhances the rural character of the community, and landscaping provides a buffer or transition area between private and public areas; 8. The project is sensitive and not detrimental to the convenient and safe movement of pedestrians and vehicles; and 9. The project conforms to the requirements of the California Environmental Quality Act. 10. If all of the above findings cannot be made with regard to the proposed project, or cannot be made even with changes to the project through project conditions imposed by City staff and/or the Planning Commission, the site plan review application shall be denied. CRITERIA FOR VARIANCES 17.38.050 Required Variance findings . In granting a variance, the Commission (and Council on appeal) must make the following findings: 1. That there are exceptional or extraordinary circumstances or conditions applicable to the property that do not apply generally to other properties in the same vicinity and zone; 2. That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same vicinity and zone but which is denied the property in question; 3. That the granting of such variance will not be materially detrimental to the public welfare or injurious to properties or improvements in the vicinity; 4. That in granting the variance, the spirit and intent of this title will be observed; 5. That the variance does not grant special privilege to the applicant; 6. That the variance is consistent with the portions of the County of Los Angeles Hazardous Waste Management Plan relating to siting and siting criteria for hazardous waste facilities; and 7. That the variance request is consistent with the general plan of the City of Rolling Hills. FISCAL IMPACT: None. RECOMMENDATION: Receive and file. ATTACHMENTS: ATTACHMENT1_CL_PBN_230321_4PoppyTrail_ZC22-51_VicinityMap.pdf ATTACHMENT2_PL_ADR_4PoppyTrail_ZC22-51_DevelopmentTable_RevisedProject.pdf ATTACHMENT3_2023-11_PC_Resolution_4PoppyTrail_ZC 22-51_F_E.pdf ATTACHMENT4_PL_ADR_4PoppyTr_ZC22-51_230711_Email_DaveLong.pdf ATTACHMENT5_CL_AGN_230718_PC_Item9A_PublicComment_NConstant.pdf ATTACHMENT6_CL_AGN_230912_PC_Item9A_PublicComment01.pdf ATTACHMENT7_CL_AGN_230912_PC_Item9A_PublicComment02.pdf ATTACHMENT8_CL_AGN_230912_PC_Item9A_PublicComment03.pdf ATTACHMENT9_CL_AGN_230912_PC_Item9A_PublicComment04.pdf ATTACHMENT10_CL_AGN_230912_PC_Item9A_PublicComment05.pdf ATTACHMENT11_CL_AGN_CC_231009_09_CommissionItems_Email_Becker.pdf 25 ATTACHMENT12_PL_ADR_4PoppyTrail_ZC22-51_Architectural.pdf ATTACHMENT13_PL_ADR_4PoppyTrail_ZC22-51_SitePlan_Grading.pdf ATTACHMENT14_PL_ADR_4PoppyTrail_ZC22- 51_Alternate_Development_on_Barn_Pad.pdf 26 City of Rolling Hills TITLE VICINITY MAP CASE NO. ZONING CASE NO. 22-51 Site Plan Review, Variance OWNER ARVIDSON ADDRESS 4 POPPY TRAIL, ROLLING HILLS, CA 90274 SITE 1,000’ Georgeff Rd 27 *Text in red indicates changes from original proposal. REVISED DEVELOPMENT TABLE ZONING CASE NO. 22-51 (4 POPPY TRAIL) Site Plan Review and Variance PAD 1 (SF) Main Residence PAD 2 (SF) ADU PAD 3 (SF) Stable DIFFERENCE (+/-) TOTAL (SF) Uses RAS-2 Zone Setbacks Front: 50 ft. Side: 35 ft. Rear: 50 ft. Single family residence, garage, pool Meets all setbacks ADU ADU removed in revised plan Existing Stable No changes Pad Area/Net Lot Area 20,635 19,600 2,770 16,200 -1,035 (Pad 1) -3,805 (Pad 1&2) 277,335 Residence 7,290 7,290 Garage 1,100 1,100 Swimming Pool/Spa 540 540 Pool Equipment 50 50 ADU 850 -850 850 Stable (min. 450 SF) 3,330 3,330 Attached Covered Porches 985 150 150 -150 1,285 1,135 Attached Trellises 195 195 Lightwell 445 445 Service Yard 95 95 Total Structure Area 10,700 1,000 3,480 -1,000 15,180 14,180 Total Structural Coverage (20% max) 5.5% 5.1% Total Flatwork 17,400 % of Front Setback Covered (20% max) 13.2% Total Structural and Flatwork 32,580 31,580 Total Lot Coverage (35% maximum) 11.8% 11.4% Building Pad Coverage (Policy: 30% maximum) 51.9% 53.6% 36.1% 21.5% +1.7% (Pad 1) Disturbed Area (40% maximum; up to 60% with slopes less than 3:1) -53,105 -16.6% 109,995 64,100 39.7% 23.1% Grading 22,340 Cut / 19,534 Fill Export: 2,806 CY (export to excavate basement and pool exempt) -17,194 41,874 Total 24,680 Total 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 1 John Signo From:Dave Long <dlong@dblsearch.com> Sent:Tuesday, July 11, 2023 2:00 PM To:Planning Subject:Zoning case no. 22-51 Caution: External (dlong@dblsearch.com) First-Time Sender Details Report This Email FAQ Protection by INKY Dear Planning Commission, Our home is situated directly across proposed the site in Zoning case no. 22‐51. We are adamantly opposed to any construcƟon of a family residence that is so low in the canyon and so close to our property. There are no other residences (only stables) that are like what the Arvidson’s are proposing in the canyon, and it would permanently destroy the rural ambiance we have enjoyed for twenty plus years living in this beauƟful community. Our property and our neighbors’ homes will be negaƟvely impacted by the construcƟon noise for an extended period of Ɵme, not to menƟon the future noise associated with a new residence and swimming pool, so close to our properƟes. Our property values also would be adversely affected. Again, we are adamantly opposed to this project. Thank you for your consideraƟon. David Long 43 4 Poppy Trail Development TO: Rolling Hills Planning Commission, Mayor, City Council, City Attorney, RHCA, and Neighbors FROM: The Constant Family, 25 Georgeff Road DATE: July 18, 2023 RE: July 18, 2023 Regular Planning Commission Meeting Public Hearing Item 9.A. ZONING CASE NO. 22-51 I’m writing, in addition to commenting at today’s planning commission meeting, in case the Zoom technology does not work, as I’m traveling. I have had serious concerns about the development of 4 Poppy Trail since it was first announced several years ago. Historically, Georgeff Canyon, where 4 Poppy Trail is located, has seen land movement, accompanied by extensive litigation. As the Sunday, July 16, 2023 Daily Breeze article “Water appears likely culprit in landslide” states: “In 2005, a chunk of hillside in Rolling Hills fell 100 feet onto Poppy Trail, a curving street below. It blocked the road, leaving residents of eight mulDmillion-dollar homes stranded. It took years of lawsuits to straighten the situaDon out. In the meanDme, the homeowners had to use four-wheel drive vehicles to navigate the slide.” Of course, the Daily Breeze article’s main purpose is to place a historical perspective on the very recent Rolling Hills Estates Peartree Lane Landslide that is now international news. I’m sure many of us that live and work in Rolling Hills have received questions from friends and relatives around the world as to how close we are to that civic disaster along with a barrage of other detailed questions. It sure seems like the Ralph’s Fresh Faire has been a lot more crowded lately. There are four major issues with 4 Poppy Trial that I would like to address: 1. Extreme change of development plans indicates a lack of any plan. 2. Landslide 3. Easements 4. Variance First, the new proposal is an extreme change of plans from what was initially proposed. On first pass, the developer promised that the existing barn would not be demolished, in fact, it would be improved. As Rolling Hills is a noted equestrian community, this promise was taken in good faith, that the developer would leave the existing rural setting of the barn untouched and more importantly, gently improved. As our house at 25 Georgeff Road is directly above the existing 44 barn, the annoyance of hearing workers pounding and shouting was alleviated by the eventual improvement. Now, the proposal is to demolish the barn and install a residence. This extreme change of plans is unacceptable, shocking, and really goes against the equestrian community’s important stature in keeping Rolling Hills’ valuable natural resource of trails, wildlife, and the like, alive. More importantly, extreme changes like this are evidence of a lack of any plan. Extreme changes, strike as desperate and not reasonably considered. As for the second and most important issue of Landslides, the new design is located on top of a historical slide that crosses my property at 25 Georgeff, my next door neighbor’s at 27 Georgeff, and 4 Poppy Trail. When I was doing due diligence in the purchase of my house, I brought out engineering, geologic, and survey teams to map the slide and to see about remediation. They came back with a report stating that more than simple “remedial grading” would be needed to stabilize the slide area. The extent of remediation would include the building of retaining walls, drains, cut and fill, curbs to channel water, caissons driven deep into the ground, re-landscaping, re-fencing, installing sprinklers, steps/paths for access, sewer lines, etc. Ultimately, the experts told me that while it could be done, it would be best to leave a natural feature, that may have been there for hundreds of thousands of years, alone, or to move with extreme caution. In addition, to “fix” the issue would require a ballet of negotiation between neighbors, city, county, engineers, attorneys, construction, and insurance companies. Most importantly, there would be no guarantees of success and as the law of unintended consequences must always be accounted: the fact that my house would be directly above the area’s construction zone, there could be further damages incurred, along with potential negligence issues on the existing geologically stable property and structures. All of the above factors have informed any decisions on the property as we plan for a potential stable, greenhouse, ADU, and pool. With our modus being “proceed with extreme caution and humility”. The new proposal goes against that mantra. The third issue, easements, relates directly to trail access, property access, canyon fire safety, and the like. As we all know, RHCA easements along all property lines are both legally, and neighborly sacrosanct in this community. The maze of easements that surrounds 4 Poppy Trail are a mix of fire access easements and RHCA property line easements. Easements, despite their root French, are anything but easy, legally. The development needs a legal analysis and land survey of how all property easement and access points are to be mapped out, before any planning decisions are made. 45 Finally, the new plan includes a variance for lot line setbacks, etc. As this variance effects neighboring properties, along with RHCA easements, the variance that is asked for would be considered a Constitutional “taking” and therefore needs to be negotiated by all parties, not simply requested and approved by the planning commission. In no way should this letter be considered a final analysis of the 4 Poppy Trail development, and all legal rights and remedies past, present, and future are reserved by The Constant Family and The Constant Family Trust. In closing, I point all invested parties to the 1966 history of Palos Verdes “Time and the Terraced Land” (Howell North Books Page 126) by Augusta Fink. I highlight this quote to emphasize the foreseeability of disaster. Describing the formation of the Palos Verdes Corporation, Augusta writes: “A complex of carefully planned streets was constructed off the horseshoe- shaped road that served the Vanderlip estate, and 1100 acres of land were opened for homes. A community associaDon was formed to insure the quality of the development and the fashionable Portuguese Bend Club became the nucleus for the new community. “It was to this community that disaster came in 1956, The landslide which occurred that summer destroyed the club and about one hundred homes. Residents had pracDcally no warning. On August 29th, a water line ruptured. Service crews determined an offset of several inches in the pipe line. Then, within a maRer of days, houses started to shiS. “When told to evacuate their homes, residents couldn’t or wouldn’t believe it. Great, gaping crevices opened up in living areas and secDons of ceiling fell. Many residents had to be rescued in the middle of the night. Those who were determined to sDck it out lost everything. “The property involved, about 225 acres, covers a porDon of an ancient slide mass, which was know to geologists for many years. In the early 1950s, the Los Angeles County Road Department began construcDon of Crenshaw Boulevard, from Pacific Coast Highway, across the Palos Verdes Hills to Palos 46 Verdes Drive South. Construc+on work crossed the slide mass, then dormant.” Bolded emphasis, mine. Proceed with extreme caution and humility. The Constant Family looks forward to any further challenges presented. Sincerely, Nikos Constant, Esq. 25 Georgeff Road 213-215-5960 47 1 John Signo From:John Lacey <> Sent:Tuesday, September 12, 2023 11:28 AM To:Planning Cc:Kathleen Lacey; Roopa Reddy; Allan Stratford Subject:4 Poppy Trail Caution: External (john.lacey@csulb.edu) First-Time Sender Details Report This Email FAQ Protection by INKY Planning Commission, We am sorry that we are unable to aƩend the meeƟng this evening due to a prior commitment. We have previously expressed our concern about the locaƟon of the proposed structure and the amount of soil to be moved for this project. As you know, a land slide that occurred on this slope caused great harm to us and we do not want the proposed project to put us at risk of having this happen again. We understand that the proposed project is a large, 7,200 square foot, house to be built by a developer for sale. We understand that the amount of soil to be moved has been reduced, but we believe that the size of the project could be reduced and so it could be constructed on the exisƟng pad where there is currently a barn. This change may reduce the potenƟal proﬁt on the project, but we believe that it would reduce the risk of another land slide on our street. We never want to live through another year like the one we endured during the Ɵme that our road was buried by the land slide. It put our family, including our three children, at physical risk due to lack of emergency services, it was arduous, and expensive. We implore you not put us at risk of such an event again. John & Kathleen Lacey 48 1 John Signo From:Dave Long <> Sent:Monday, September 11, 2023 9:57 AM To:John Signo Subject:RE: Planning Commission Agendas for Tuesday, March 21, 2023 External (d ) Report This Email FAQ Protection by INKY Thanks John, I will be there at 6:30 pm. A number of Chuckwagon Road residents are very unhappy about the proposed construction. Not sure how many will be there tomorrow. I also spoke with John Lacey who is very unhappy about it too but unable to attend tomorrow’s meeting. Thanks, Dave Long DBL Associates 1334 Park View Avenue, Suite 100 Manhattan Beach, CA 90266 (office) (home office) www.dblsearch.com From: John Signo <jsigno@cityofrh.net> Sent: Monday, September 11, 2023 9:40 AM Subject: Planning Commission Agendas for Tuesday, March 21, 2023 Good morning. This email is being sent to you because of your involvement with the project at 4 Poppy Trail. Attached are the Planning Commission agendas for Tuesday, September 12, 2023. The agendas and complete packet are on the City’s website: https://www.rolling- hills.org/government/agenda/index.php. The evening meeting will be in-person at City Hall starting at 6:30 p.m. Let me know if you have any questions. Regards, John F. Signo, AICP Director of Planning and Community Services 49 2 CITY OF ROLLING HILLS – CITY HALL 2 Portuguese Bend Road, Rolling Hills CA 90274 O: 310.377.1521 50 1 John Signo From:sharon minkes <> Sent:Monday, September 11, 2023 5:33 PM To:John Signo Subject:Re: Follow Up Flag:Flag for follow up Flag Status:Flagged External () Report This Email FAQ Protection by INKY Hi John , As brought up by another resident, the lights in the canyon , as they come and go, will be directly in our bedroom and master bath windows. This I find very disturbing ! Thanks for your time. Sharon On Mon, Sep 11, 2023 at 2:11 PM John Signo <jsigno@cityofrh.net> wrote: Hi Sharon, Thank you for your email. Yes, properties within 1,000 feet of the subject property were mailed notices of the public hearing, including those on Georgeff Road and Reata Lane. The applicant has met with abutting property owners about the project. Your concerns will be shared with the Planning Commission and we hope you can make it to the meeting. Regards, John F. Signo, AICP Director of Planning and Community Services City of Rolling Hills 2 Portuguese Bend Road, Rolling Hills CA 90274 310.377.1521 51 2 jsigno@cityofrh.net From: sharon minkes <> Sent: Monday, September 11, 2023 10:50 AM To: John Signo <jsigno@cityofrh.net> Subject: Hi John, my name is Sharon Minkes, we live directly across the canyon from the proposed # 4 Poppy Trail building. My husband had the buyer over a few years ago, to show him how, this plans , would disrupt the beautiful of our canyons. My husband asked if he was planning on living there, and he had no answer. I am just checking to see if the houses directly above are aware of the proposed building, and digging. This is right next to the horrific land slide that closed Poppy Trail to be closed for 2 years. This land is not stable enough for digging a huge pad. We have already watch the compaction of # 2 and 3 poppy trail, for 2 years. We will try to be at the meeting but if not please express our concerns . Thank you, Sharon And Mark Minkes 52 4 Poppy Trail Development TO: Rolling Hills Planning Commission, Mayor, City Council, City Attorney, RHCA, and Neighbors FROM: The Constant Family, 25 Georgeff Road DATE: September 12, 2023 RE: September 12, 2023 Regular Planning Commission Meeting Public Hearing Item 9.A. ZONING CASE NO. 22-51 I’m writing, in addition to commenting at today’s planning commission meeting, regarding the following concerns and misreading of the CEQA exemption. These comments are in addition to the previous correspondence I have had with the City of Rolling Hills, Developer, and Project Engineers, both in-person, via ZOOM, and via email. I have had serious concerns about the development of 4 Poppy Trail since it was first announced several years ago. Historically, Georgeff Canyon, where 4 Poppy Trail is located, has seen land movement, accompanied by extensive litigation. Today’s Planning Commission Meeting in regards to approving a CEQA exemption for the project is hasty, ill advised, and in direct violation of CEQA. While recent litigation over CEQA, as concerns landslides, has favored developers, the current fact pattern, of an existing landslide, known by developer, engineers, and reported to City of Rolling Hills, and neighboring properties, triggers the location exception under CEQA of “unusual circumstances”. 4 Poppy Trail is not a “potential landslide” under the Berkley Hills Watershed Coalition v. City of Berkley ruling. In fact, several lot line adjustments were made by City of Rolling Hills, to accommodate slide issues from previous active slides that were subject to litigation. The Constant Family is opposed to the project and moving forward with the CEQA exemption approval. This letter, in no way, limits any past, present, or future litigation, rights, or remedies under CEQA or any environmental or safety regulations under State or Federal law. I look forward to any future challenges presented. Sincerely, Nikos Constant, Esq. 25 Georgeff Road 53 From: Gregory Becker <> Sent: Tuesday, September 12, 2023 4:13 PM To: John Signo <jsigno@cityofrh.net> Cc: Subject: 4 Poppy Trail Good afternoon, John, Dave Long brought tonight’s hearing to my attention. I thought the sticks in the canyon were for a hillside barn associated with Reata Lane properties, not a 7,000 sq ft house in a canyon. In briefly reviewing the agenda pdf, which I have attached, I have several concerns which I do not believe can be properly addressed in such a short period of time. As such, it is my hope that no decision will be rendered tonight so that our neighborhood better understands what is being considered. At first glance, if the long, wide and windy driveway that is proposed is built, what impact will it have on the ambiance of the rustic setting? Will lights be shining up and down the canyons after sunset? Will the driveway meet the fire code standards? I understand that these strict standards require extremely wide driveways in order to accommodate emergency service vehicles and their turn around space. With the slope and curves, I presume the width will have to be greater than the minimum standards. The turn around space in and of itself will need to be a large footprint. Probably substantially larger than the area silhouetted by the sticks. Will there be grading and drainage engineered into the driveway to protect against erosion and land disturbance? Will utilities be brough underground or will power lines be installed in this “high fire zone?” You may not be aware that the wind blows up the canyons between Chuckwagon, Bowie and Reata Lane and strengthens as the ravines tighten. All it takes is one dry and windy Santa Ana coupled with a sparking muffler or a downed power line to exacerbate what could be a dangerous fire condition. With the importance of the issues and the clear possibility of the lack of neighborhood understanding, I believe further inquiry is warranted before approving the project. The Law Office of Gregory I. Becker A Professional Corporation 1711 Via El Prado, Suite 103 B Redondo Beach, CA 90277 WILLS * TRUSTS * PROBATE LAW Office Phone Office Fax Schedule a Meeting Questionnaire: 54 1 John Signo From:Gregory Becker <gregorybecker@gregorybecker.com> Sent:Thursday, September 14, 2023 3:40 PM To:John Signo; Kathryn Bishop Subject:RE: 4 Poppy Trail Follow Up Flag:Follow up Flag Status:Flagged External (gregorybecker@gregorybecker.com) Report This Email FAQ Protection by INKY Hi John, My concern is the lights from cars that enter the canyon and shine on the backs of the houses and into their living spaces. The Law Office of Gregory I. Becker A Professional Corporation 1711 Via El Prado, Suite 103 B Redondo Beach, CA 90277 WILLS * TRUSTS * PROBATE LAW (310) 543-1126 Office Phone (310) 543-1130 Office Fax Schedule a Meeting Questionnaire: www.gregorybecker.com/form.html This e-mail may be privileged and confidential attorney-client communication and is intended only for the use of the addressee(s) named above. If you are not the intended recipient, or the employee or agent responsible for delivering this e-mail to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this e-mail message in error, please delete it from your system without copying it, and immediately notify the sender by replying to this message or by telephone. 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From: John Signo <jsigno@cityofrh.net> Sent: Thursday, September 14, 2023 3:30 PM To: Gregory Becker <gregorybecker@gregorybecker.com>; Kathryn Bishop <kbishop@rhca.net> Subject: RE: 4 Poppy Trail Hi Gregory, The City’s lighƟng requirements are found in RHMC SecƟon 17.16.190.E found here: hƩps://library.municode.com/ca/rolling_hills/codes/code_of_ordinances?nodeId=TIT17ZO_CH17.16REAGBUZO_17.16.1 90ADREDEST Best, John F. Signo, AICP Director of Planning and Community Services City of Rolling Hills 2 Portuguese Bend Road, Rolling Hills CA 90274 310.377.1521 jsigno@cityofrh.net From: Gregory Becker <gregorybecker@gregorybecker.com> Sent: Thursday, September 14, 2023 10:30 AM To: Kathryn Bishop <kbishop@rhca.net> Cc: John Signo <jsigno@cityofrh.net> Subject: RE: 4 Poppy Trail Thanks Kathryn. The Law Office of Gregory I. Becker A Professional Corporation 1711 Via El Prado, Suite 103 B Redondo Beach, CA 90277 WILLS * TRUSTS * PROBATE LAW (310) 543-1126 Office Phone (310) 543-1130 Office Fax Schedule a Meeting Questionnaire: www.gregorybecker.com/form.html 56 3 This e-mail may be privileged and confidential attorney-client communication and is intended only for the use of the addressee(s) named above. If you are not the intended recipient, or the employee or agent responsible for delivering this e-mail to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this e-mail message in error, please delete it from your system without copying it, and immediately notify the sender by replying to this message or by telephone. This email is not intended, nor shall it be deemed, unless otherwise expressly provided in writing, to (1) constitute or provide legal advice or counsel or create an attorney-client relationship with the firm or me, unless the recipient already has an attorney-client relationship with the firm or me; or (2) contain my electronic signature (the typewritten signature included in this e-mail is not an “electronic signature” within the meaning of Electronic Signatures in Global and National Commerce Act (or any other law of similar import, including and without limitation, the Uniform Electronic Transactions Act, as the same may be enacted in any state). Statements made in this e-mail are not binding unless and until mutually satisfactory agreements memorializing the subject matter of the transmission are executed by hand and are exchanged between the parties to the agreement. Although this e-mail (including attachments) is believed to be free of any virus or other defect that might negatively affect any computer system into which it is received and opened, it is the responsibility of the recipient to ensure that it is virus free, and no responsibility is accepted by the sender for any loss or damage arising in any way in the event that such a virus or defect exists. ________________________________________________________ IRS Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any tax advice contained in this communication (including any attachments) was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. From: Kathryn Bishop <kbishop@rhca.net> Sent: Thursday, September 14, 2023 10:29 AM To: Gregory Becker <gregorybecker@gregorybecker.com> Cc: John Signo <jsigno@cityofrh.net> Subject: RE: 4 Poppy Trail I think there may be some confusion and I am looping in John from the city. The RHCA does review lighƟng plans for the locaƟons and ﬁxture design on a property to make sure it complies with RHCA Building RegulaƟons, aƩached. While we have speciﬁc regulaƟons on lighƟng on structures and garden lighƟng, I have never dealt with vehicle lighƟng impact on adjoining properƟes and wonder if this is something addressed in the City’s lighƟng ordinance. John can you help clarify this? Kathryn Bishop, Architectural Inspector Rolling Hills Community Association 1 Portuguese Bend Road Rolling Hills, CA 90274 www.RHCA.org 310-544-6222 From: Gregory Becker <gregorybecker@gregorybecker.com> Sent: Thursday, September 14, 2023 9:55 AM To: Kathryn Bishop <kbishop@rhca.net> Subject: RE: 4 Poppy Trail During the meeƟng commissioner Kirkpatrick menƟoned that the HOA would deal with the lighƟng issue that I raised. I heard nothing about hedges or a deed restricƟon requiring growth and permiƫng entry to enforce the restricƟon. 57 4 Again, my concern is cars driving up the driveway shine lights up at the houses along the canyon. I would like to think that with aƩenƟon to this issue early on, something can be done to prevent or address this issue. The Law Office of Gregory I. Becker A Professional Corporation 1711 Via El Prado, Suite 103 B Redondo Beach, CA 90277 WILLS * TRUSTS * PROBATE LAW (310) 543-1126 Office Phone (310) 543-1130 Office Fax Schedule a Meeting Questionnaire: www.gregorybecker.com/form.html This e-mail may be privileged and confidential attorney-client communication and is intended only for the use of the addressee(s) named above. If you are not the intended recipient, or the employee or agent responsible for delivering this e-mail to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this e-mail message in error, please delete it from your system without copying it, and immediately notify the sender by replying to this message or by telephone. This email is not intended, nor shall it be deemed, unless otherwise expressly provided in writing, to (1) constitute or provide legal advice or counsel or create an attorney-client relationship with the firm or me, unless the recipient already has an attorney-client relationship with the firm or me; or (2) contain my electronic signature (the typewritten signature included in this e-mail is not an “electronic signature” within the meaning of Electronic Signatures in Global and National Commerce Act (or any other law of similar import, including and without limitation, the Uniform Electronic Transactions Act, as the same may be enacted in any state). Statements made in this e-mail are not binding unless and until mutually satisfactory agreements memorializing the subject matter of the transmission are executed by hand and are exchanged between the parties to the agreement. Although this e-mail (including attachments) is believed to be free of any virus or other defect that might negatively affect any computer system into which it is received and opened, it is the responsibility of the recipient to ensure that it is virus free, and no responsibility is accepted by the sender for any loss or damage arising in any way in the event that such a virus or defect exists. ________________________________________________________ IRS Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any tax advice contained in this communication (including any attachments) was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. From: Kathryn Bishop <kbishop@rhca.net> Sent: Thursday, September 14, 2023 9:21 AM To: Gregory Becker <gregorybecker@gregorybecker.com> Subject: RE: 4 Poppy Trail Good morning Greg‐ Your concern should be addressed by the City because access is mainly a city issue. Was there any condiƟon, like requiring hedging or trees block the vehicle lights, included in the resoluƟon of approval? If plans were unanimously approved by the Commission, the applicant can submit for RHCA approval. We review plans for aestheƟcs of the structures. Thanks! 58 5 Kathryn Bishop, Architectural Inspector Rolling Hills Community Association 1 Portuguese Bend Road Rolling Hills, CA 90274 www.RHCA.org 310-544-6222 From: Gregory Becker <gregorybecker@gregorybecker.com> Sent: Thursday, September 14, 2023 9:00 AM To: Kathryn Bishop <kbishop@rhca.net> Subject: 4 Poppy Trail Hi Kathryn, I was at the 4 Poppy Trail planning commission meeƟng. It was approved. It now goes to HOA and City Council. Which goes ﬁrst? My concern is the lights from cars driving up and down the driveway at night. The Law Office of Gregory I. Becker A Professional Corporation 1711 Via El Prado, Suite 103 B Redondo Beach, CA 90277 WILLS * TRUSTS * PROBATE LAW (310) 543-1126 Office Phone (310) 543-1130 Office Fax Schedule a Meeting Questionnaire: www.gregorybecker.com/form.html This e-mail may be privileged and confidential attorney-client communication and is intended only for the use of the addressee(s) named above. If you are not the intended recipient, or the employee or agent responsible for delivering this e-mail to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this e-mail message in error, please delete it from your system without copying it, and immediately notify the sender by replying to this message or by telephone. This email is not intended, nor shall it be deemed, unless otherwise expressly provided in writing, to (1) constitute or provide legal advice or counsel or create an attorney-client relationship with the firm or me, unless the recipient already has an attorney-client relationship with the firm or me; or (2) contain my electronic signature (the typewritten signature included in this e-mail is not an “electronic signature” within the meaning of Electronic Signatures in Global and National Commerce Act (or any other law of similar import, including and without limitation, the Uniform Electronic Transactions Act, as the same may be enacted in any state). Statements made in this e-mail are not binding unless and until mutually satisfactory agreements memorializing the subject matter of the transmission are executed by hand and are exchanged between the parties to the agreement. 59 6 Although this e-mail (including attachments) is believed to be free of any virus or other defect that might negatively affect any computer system into which it is received and opened, it is the responsibility of the recipient to ensure that it is virus free, and no responsibility is accepted by the sender for any loss or damage arising in any way in the event that such a virus or defect exists. ________________________________________________________ IRS Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any tax advice contained in this communication (including any attachments) was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. 60 9/1/2023 10:51 AMARVIDSON RESIDENCE4 POPPY TRAIL LANE, CALIFORNIA1.1 ARVIDSON RESIDENCE 4 POPPY TRAIL LANE , CALIFORNIA 61 MAIN FLOOR PLAN 18" 1'-0" DN DNDNDNUPUPMASTER BEDROOM MASTER BATHROOM DRESSING BEDROOM-3 BEDROOM-2 BEDROOM-1 BATH-1 BATH-2CLO.1 CLO.2 CLO. AREA CALCULATION: RESIDENCE : 6928 S4.FT. GARAGE : 1162 S4.FT. COVERED PORCH DINING LIVING ENTRY GARAGE F.P.KITCHEN TRASH GALLERY CLO. ELEV.F.P.PDR.DNCLO.FOOD BUTLER POOL BATHF.P.BENCHDEN BATH-3 GREAT ROOM T.V.UPBENCHDN2 E4. R#5" EA.FRZ.REF.O.UPDN FF 892.54' FF 891.00' FF 894.49' FF 893.66' FF 892.25' FF 892.41' FF 892.54' FF 893.79' FF 893.54' FF 892.54' FF 894.20' FF 892.54' FF 892.54'FF 892.54' FF 893.37' FF 892.54' FF 895.45'DNLIN. 12" LOW PLANTER WALLS POTENTIAL DOORSTORAGESTORAGESTORAGE ENTRY PORCH XS LIGHTWELLLIGHTWELLLIGHTWELLLIGHTWELL8'-91 2"27'-0"5'-7"14'-1"5'-0"2'-8" 14'-8"35'-0"25'-1"52'-81 2"25'-1"6'-6"13'-6"21'-10"19'-1"13'-8"16'-11"20'-6"3'-612"7'-101 2"15'-6"23'-4116"16'-6"19'-7"5'-6"14'-4"5'-31 8" 25'-1"49'-8" 165'-8"115'-612"165'-81 8"94'-10"3'-0"16'-8"8'-11 2"9/1/2023 10:51 AMARVIDSON RESIDENCE4 POPPY TRAIL LANE, CALIFORNIA2.1 JOB NOR T H 62 ELEV.UPBEDROOM-8BATH-8 PDR. STORAGE UNDER STAIR LOUNGE THEATER WINE MECH 2 BEDROOM-7 LAUNDRY CHUTE WD BAR CLO.STO. CRAFT ROOM XS BASEMENT PLAN LIGHTWELLBEDROOM-6 BEDROOM-5 CLO.CLO. CLO. CLO. DNDN MECH 1 STO. STO. EXERCISE SPA JACUZZI WET SAUNADRY SAUNA TREATMENT ROOM BATH-7 BATH-6 BATH-5 BATH-4LIGHTWELL BILLIARD OPTIONAL STAIRSTO POOLSCREENCONCEALED DOOR FIRE ACCESSPATH ABOVEOPTIONAL DOOR TO POOL LIGHTWELLFIRE ACCESSPATH ABOVEFIRE ACCESSPATH ABOVELIGHTWELLLIGHTWELLLIGHTWELLSITE PLANTERSITE PLANTERSITE PLANTERFIRE ACCESSPATH ABOVESITE PLANTER18" 1'-0"9/1/2023 10:51 AMARVIDSON RESIDENCE4 POPPY TRAIL LANE, CALIFORNIA2.2 JOB NOR T H 63 CHIMNEYVALLEYGABLE RIDGEGABLE VALLEYRIDGERIDGE PITCH BREAK PITCH BREAK2:122:12GABLE VALLEYRIDGEGABLEVALLEYV A L L E Y GABLERIDGE GABLEVALLEY5:125:12 WALL BETWEEN ROOFS 10'-6" PL 10'-6" PL 8'-6" PL 8'-6" PL 8'-6" PL 10'-3" PL 9'-6" PL 12'-4" PL 10'-6" PL 8'-6" PL 8'-6"PL8'-6"PL8'-11"PL8'-7"PL8'-6" PL PITCH STANDING SEAM COPPER ROOF BREAK STANDING SEAM COPPER ROOF CUPOLA CHIMNEY4:12 CUPOLA TRELLIS CHIMNEY5:125:125:125:125:125:125:125:12 5:12 5:12 5:12 5:12 5:12 5:12 5:125:12 5:12 RIDGE RIDGE 908.42 907.46 909.50909.50914.83RIDGE908.82909.17910.25RIDGE 907.92 5:125:121'-6" TYP.3'-0"TYP.3'-0" 2'-0"3'-0"2'-6"3'-0" ROOF PLAN 18" 1'-0"9/1/2023 10:51 AMARVIDSON RESIDENCE4 POPPY TRAIL LANE, CALIFORNIA3.1 JOB NOR T H 64 8'-6"PL @BEDROOM-1 FF 893.54 8'-6"PL @GARAGE SOUTH ELEVATION 1/8" = 1'-0" FF 895.45 F.G.8'-6"PL @GALLERY FF 893.79 FF 892.54 10'-6"PL @KITCHEN FF 893.66 9'-10"PL @ENTRY FF 893.79 N S N S 1X4 VERTICAL SIDING 14'-11"RIDGE 907.46 RIDGE 908.42 13'-9"RIDGE 909.50 15'-9"21'-3"RIDGE 914.83 15'-2"RIDGE 908.82 15'-9"FG 894.50 RIDGE 910.25 STONE VENEER BASE GABLE VENT (TYP.) TRUSS PER DET. CUPOLA GARAGE O/H DOOR PER DET. FF 892.54 10'-3"FG 891.00 PL @ MAST NORTH ELEVATION 1/8" = 1'-0" STEPS TO PATIOF.G. CHIMNEY 10'-6"PL @GREAT RM 8'-6"FF 893.54 PL @GARAGE S 9'-6"PL @ PORCH PL @ MAST. BATH 12'-4"PL @DEN N CUPOLA N 11'-9"S 13'-11"FG 893.40 RIDGE 907.46 FG 891.00 18'-6"RIDGE 909.50 17'-5"RIDGE 908.42 23'-10"RIDGE 914.83 18'-2"RIDGE 909.17 CLASS "A" SHINGLE ROOF 1X8 HORIZONTAL SIDING BUILT-UP POST (TYP.) EAST ELEVATION 1/8" = 1'-0"10'-6"STONE VENEER 10'-3"FF 892.54 PL @DEN PL @MAST &PORCH FF 891.00 FG 894.508'-6"PL @BEDROOM-1 FF 895.45 FG 893.548'-6"PL @GARAGE 13'-9"RIDGE 907.46 RIDGE 908.42 20'-5"RIDGE 914.83 15'-9"RIDGE 910.25 15'-9"RIDGE 909.50 18'-2"RIDGE 909.174'-9"4'-2"7'-0"1'-7"14'-11"TRELLIS PER PLAN CLASS "A" SHINGLE ROOF :EST ELEVATION 1/8" = 1'-0" FF 892.5410'-3"FG 891.00 FF 895.45 PL @MAST PL @BEDROOM-1 8'-6"PL @ BED 2 8'-11"PL @ MAST. BATH PL @ BED 3 PL @ DRESSING 8'-6"8'-6"FF 894.209'-4"FF 893.3718'-2"RIDGE 909.17 23'-10"RIDGE 914.83 16'-11"FG 894.50 RIDGE 910.25 14'-11"FG 893.00 RIDGE 907.92 1X8 HORIZONTAL SIDING COPPER SEAM ROOF PER DET. GABLE VENT (TYP.)9/1/2023 10:51 AMARVIDSON RESIDENCE4 POPPY TRAIL LANE, CALIFORNIA4.1 65 7567-014-0107567-001-0177567-001-0167567-001-0187567-001-0137567-006-0277567-006-0287567-006-0267567-014-0287567-014-0277567-015-0077567-014-0261ID No.Address/APN2345679101181213141516171819202122237567-001-008#2 POPPY TRAIL#7 POPPY TRAIL#3 POPPY TRAIL#38 CHUCKWAGON#9 REATA LANE#0 POPPY TRAIL#1 POPPY TRAIL7567-006-024#44 CHUCKWAGON7567-006-025VACANT LAND#40 CHUCKWAGON#36 CHUCKWAGON7567-014-025#8 REATA LANE#7 REATA LANE#5 REATA LANE#3 REATA LANE7567-014-024#6 REATA LANE7567-014-023#2 REATA LANE7567-014-022#23 GEORGEFF ROAD#22 GEORGEFF ROAD7567-014-021#25 GEORGEFF ROAD7567-014-018#24 GEORGEFF ROAD7567-014-012#26 GEORGEFF ROAD7567-014-019#27 GEORGEFF ROAD247567-014-013VACANT LAND25267569-007-00224 PORTUGUESE BEND RD7569-007-00326 PORTUGUESE BEND RD277567-014-017VACANT LOTID No.Address/APNN72°45'18"W89.84'S35°24'10"W106.06'N17°35'20"W204.11'34.79'S22°47'47"E96.86'S21°36'25"E183.79'S42°09'50"W430.68'S22°47'47"E129.97'N64°57'08"W249.73'N17°35'20"W660.00'S84°11'15"E174.38'N41°05'00"E98.40'S79°11'45"E86.33'N17°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° 12' 28"W84.80'S42° 07' 10"W56.00'L=138.68',R=102.49'Δ=77°31'30"L =6 2 .3 9 ',R =10 0.0 0'Δ =3 5 °4 4 '4 9 "L=4 2 .2 1',R =8 0 .0 0 'Δ =3 0 °1 3 '5 0 "N84° 49' 55"E42.93'L=42.21',R=80.00'Δ=30°13'51"N42° 07' 10"E103.60'S22° 50' 27"E159.94'S74° 48' 32"W74.26'S16° 14' 05"E84.84'S47° 05' 10"E70.86'L=80.61',R=30.00'Δ=153°57'40"L=17.24 ',R=30.00'Δ=32°55'06"N16° 14' 05"W99.54'N33° 38' 35"W108.12'N80° 51' 24"W38.48'N57° 03' 32"W51.79'30306030FOR PLANNING PURPOSES ONLY ENGINEERING CORP.C0.04 POPPY TRAILROLLING HILLS, CA 90274INDEX OF SHEETS:OVERALL SITE PLANSCALE: 1" = 30'VICINITY MAP SCALE: 1" = 500'VICINITY MAP ADDRESSESLEGENDACRONYMSPARCEL 1PARCEL 3PARCEL 4PARCEL 4PARCEL 5 PARCEL 6 LEGAL DESCRIPTIONC0.0OVERALL SITE PLANC0.1EXISTING SITE CONDITIONSC1.0PROPOSED SITE PLANC1.1SECTIONSC1.2SECTIONS (cont'd)C2.0CIVIL DETAILSCMCOLOR SITE MAPCNCUT FILL COLOR MAPGARAGERESIDENCE 450' 620' 650' 650' 425' 655' Pool in Front YardSoil Export66 LOT 21 TRACT 19040PORTION OF LOT 22TRACT 19040PORTION OF LOTS 9, 17AND 22 TRACT 19040AND PORTION OF LOT 34LACA MAP 51PORTION OF LOT 9 AND LOT 17 TRACT 19040POPPY TRIALPOPPY TRIALPORTION LOT 191L.A.C.A. MAP No. 51LOT 20 TRACT 19040LOT 18 TRACT 1904055'50.000 60.000 100.000DIRTDIRT DIRTDIRT10006787.3310027960.97POOLASPHASPHBRUSHBRUSHBRUSHDIRT799.6882.3784.6783.8784.4956.8956.2956.5957.4957.4957.3956.8BRUSHDIRTDIRTBRUSH785.9785.2785.9785.9799.0799.1892.3891.6DIRTDIRT909.8790.2784.5784.2783.1784.8784.5785.7803.6801.4803.8805.3799.9ASPH788.6DIRTBRUSH881.9881.9814.1816.3ASPHBRUSHBRUSHDIRTASPH847.2BRUSH957.3956.8ASPH914.5877.110006787.3389591091592090590091592091088087587086586085585084584083583088589082081581080580079579082580583082081581080079582589588589086587088086087584083584585085590090588589088089587087586586083084083584585085582082581588088587087586586084084585085589089590590089589088588087587086586084585085584084588588087587086586089089590090591091592094093593092594595095583083582082585085584084588588087587086586089089590090591091592094093593092594595095596080581081583083582082585085584084588588087587086586080581088580079580581081583083582082585085584084588087587086586086585586087084581081582584083583087585086585586087082079079580079579078077577076576078077577076578077577078077578578578578580079079580578578079078578579079580079580581079580080079580581081580082081081581081581582082583088588087589089590089089590090582583083584084585082085586087087588086588582081584082583083581088087586587082583083584084585085586088589091592092590589090089591088087587088596597097598010159859909951010100510009309359259659809709759459409559509608908959009059109159209259409359309459509559609258908858959008308358258508558408458808758708658609109059159208359009059109158908858958508558408458808758708658609209259309359009059109158908858958808758708658658558508358408458608258308508558358408458608308658708908958808758858508558408458608658708908959009059109159209258808758858508558608658708658558608758808858908558708658608908959009059109159208808758858658608708758658608708558808858758708708658858909459509559209259309359409951000100596597098599094595095593093594096097598099010251030965970955975960980100099598510201015100510409809859909951000100510101015102010251030103597096596097597598599099510001005960970965980975100510109901000995980940935930945950955940945950950925955945940935930920920925930900905910915890895885880930S79° 12' 28"W84.80'S42° 07' 10"W56.00'PARCEL 2EASEMENTPER TITLEREPORTPARCEL 6EASEMENTPER TITLEREPORTPARCEL 4EASEMENTPER TITLEREPORTPARCEL 4EASEMENTPER TITLEREPORTL=138.68',R=102.49'Δ=77°31'30"L =6 2 .3 9 ',R =10 0.0 0 'Δ =3 5 °4 4 '4 9 "L=4 2.21',R =8 0 .0 0 'Δ =3 0 °1 3 '5 0 "N84° 49' 55"E42.93'L=42.21',R=80.00'Δ=30°13'51"N42° 07' 10"E103.60'S22° 50' 27"E159.94'S74° 48' 32"W74.26'S16° 14' 05"E84.84'S47° 05' 10"E70.86'L=80.61',R=30.00'Δ=153°57'40"L=17.24',R=30.00'Δ=32°55'06"N16° 14' 05"W99.54'N33° 38' 35"W108.12'N80° 51' 24"W38.48'N57° 03' 32"W51.79'30306030FOR PLANNING PURPOSES ONLY ENGINEERING CORP. C0.1EXISTING SITE CONDITIONSSCALE: 1" = 30'LEGENDACRONYMSPARCEL 3PARCEL 4PARCEL 4PARCEL 5 PARCEL 6 AI NROFILACFOETAT SLS 8958EXP 9/30/24LICE N S EDLANDSURVEYORB R IANG.ON'EILL67 N72°45'18"W89.84'S35°24'10"W106.06'N17°35'20"W204.11'34.79'S22°47'47"E96.86'S21°36'25"E183.79'S42°09'50"W430.68'S22°47'47"E129.97'TRACT 19040NOT A PARTN64°57'08"W249.73'N17°35'20"W660.00'N41°05'00"E98.40'S79°11'45"E86.33'N17°35'20"W50.000 60.000 100.000DIRT DIRTDIRT10006787.3310027960.97ASPH784.6783.8784.4956.8956.2956.5957.4957.4957.3956.8785.9785.9790.2784.5784.2783.1784.8785.7803.6801.4805.3ASPH788.6DIRT814.1816.3ASPHDIRTASPH847.2957.3956.8ASPH10006787.33805830820815810800795825835830835820825815885880830835820825850855840845885880875870865860890895900905910915920940935930925945805810815830835820825850855840845885880875870865860805810885800795805810815830835820825850855840845880875870865860795790780775770780775785800790795805785780790785785790795800795805810795800800795805810815800820810815810815815820825830825830835840845850820855860820815840825830835810825830835840845850855985990995930935925965980970975945940955950960890895900905910915920925940935930945950925890885895900830835825850855840845880875870865860910905915920835900905910915890885895850855840845880875870865860920925930935900905910915890885895880875870865865855850835840845860825830850855835840845860830865870880875885850855840845860865870880875850855860865870865855860875880885890855870865860955960970965960975960970965980975980940935930945950955940945950950925955945940935930920920925930900905910915890895885880S79° 12' 28"W84.80'S42° 07' 10"W56.00'L=138.68',R=102.49'Δ=77°31'30"L =6 2 .3 9 ',R =10 0 .0 0 'Δ =3 5 °4 4 '4 9 "L =4 2 .2 1',R =8 0 .0 0 'Δ =3 0 °1 3 '5 0 "N84° 49' 55"E42.93'L=42.21',R=80.00'Δ=30°13'51"N42° 07' 10"E103.60'S22° 50' 27"E159.94'S74° 48' 32"W74.26'S16° 14' 05"E84.84'N16° 14' 05"W99.54'N33° 38' 35"W108.12'20204020FOR PLANNING PURPOSES ONLY ENGINEERING CORP. C1.0PROPOSED SITE CONDITIONSSCALE: 1" = 20'LEGENDACRONYMSTYP. RETAINING WALL1TYP. RETAINING WALL2TYP. RETAINING WALL31122333GARAGEWALL HEIGHT COMPUTATIONRESIDENCEWALL AWALL BWALL CWALL EWALL EWALL GWALL GWA L L AWALL EWALL AEARTHWORK ESTIMATE1WALL F68 SECTIONS LEGENDFOR PLANNING PURPOSES ONLY ENGINEERING CORP. C1.1SECTION A-ASCALE: 1" = 10'SECTION B-BSCALE: 1" = 10'SECTION C-CSCALE: 1" = 10'69 SECTIONS LEGENDFOR PLANNING PURPOSES ONLY ENGINEERING CORP. C1.2SECTION D-DSCALE: 1" = 10'DRIVEWAY PROFILESCALE: 1" = 30'70 FTBSV CONFIGURATION(OPTIONS: BASIN "-B", GREEN INFR. INLET "-I", PIPE INLET "-P", SLOTTED THROAT INLET "-T")MEDIABAY SIZEVAULT SIZE(L x W)LONG SIDE INLETDESIGNATIONSHORT SIDE INLETDESIGNATIONAVAILABILITYOUTLETPIPE DIAMIN. NO. OF INLETPIPES (-P ONLY)4 x 44 x 4FTBSV0404FTBSV0404ALL4" SDR 3516 x 46 x 4FTBSV0604FTBSV0406N/A CA4" SDR 3516.5 x 46.5 x 4FTBSV06504FTBSV04065CA ONLY4" SDR 3517.83 x 4.57.83 x 4.5FTBSV078045FTBSV045078DE,MD,NJ,PA,VA.WVONLY4" SDR 3518 x 48 x 4FTBSV0804FTBSV0408N/ADE,MD,NJ,PA,VA,WV4" SDR 3516 x 66 x 6FTBSV0606FTBSV0606ALL4" SDR 3518 x 68 x 6FTBSV0806FTBSV0608ALL4" SDR 35110 x 610 x 6FTBSV1006FTBSV0610ALL6" SDR 35212 x 612 x 6FTBSV1206FTBSV0612ALL6" SDR 35213 x 713 x 7FTBSV1307FTBSV0713ALL6" SDR 35214 x 814 x 8FTBSV1408†N/AALL6" SDR 35316 x 816 x 8FTBSV1608†N/AN/A OR,WA6" SDR 35315 x 915 x 9FTBSV1509†N/AOR,WA ONLY6" SDR 35318 x 818 x 8FTBSV1808†N/ACALL CONTECH6" SDR 35320 x 820 x 8FTBSV2008†N/ACALL CONTECH6" SDR 35422 x 822 x 8FTBSV2208†N/ACALL CONTECH6" SDR 354†UTILIZES (2) CURB OPENINGS WITH MIN 1' SPACINGN/A = NOT AVAILABLESDR 35 OUTLET COUPLING CASTINTO PRECAST VAULT WALL(OUTLET PIPE LOCATION MAY VARY)* * *CURB AND GUTTER(NOT BY CONTECH)SEE FILTERRA BIOSCAPE VAULT CURBINLET DETAIL SHEET18" GI INLET (CAST-IN)ENERGY DISSIPATION ROCKSPLANT PROVIDED BY CONTECHSECTION A-AGREEN INFRASTRUCTURE INLET - TOP FLUSH WITH TOP OFCURB, NOT INTENDED FOR SIDEWALK APPLICATIONSPLAN VIEWSHORT SIDE INLET4' CURB INLET (MAX)REFER TO OTHERDETAILS FORALTERNATE INLETSINLET SHAPING(NOT BY CONTECH)CURB(NOT BY CONTECH)UNDERDRAIN FLOWKITTYPE A2-8 (Modified)MOW CURBTYPE A1-6 (Modified)FOR PLANNING PURPOSES ONLY ENGINEERING CORP. C2.071 N72°45'18"W89.84'S35°24'10"W106.06'N17°35'20"W204.11'34.79'S22°47'47"E96.86'S21°36'25"E183.79'S42°09'50"W430.68'S22°47'47"E129.97'N64°57'08"W249.73'N17°35'20"W660.00'S84°11'15"E174.38'N41°05'00"E98.40'S79°11'45"E86.33'N17°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° 12' 28"W84.80'S42° 07' 10"W56.00'L=138.68',R=102.49'Δ=77°31'30"L =6 2 .3 9 ',R =10 0.0 0'Δ =3 5 °4 4 '4 9 "L=4 2 .2 1',R =8 0 .0 0 'Δ =3 0 °1 3 '5 0 "N84° 49' 55"E42.93'L=42.21',R=80.00'Δ=30°13'51"N42° 07' 10"E103.60'S22° 50' 27"E159.94'S74° 48' 32"W74.26'S16° 14' 05"E84.84'S47° 05' 10"E70.86'L=80.61',R=30.00'Δ=153°57'40"L=17.24 ',R=30.00'Δ=32°55'06"N16° 14' 05"W99.54'N33° 38' 35"W108.12'N80° 51' 24"W38.48'N57° 03' 32"W51.79'30306030FOR PLANNING PURPOSES ONLY ENGINEERING CORP.CN4 POPPY TRAILROLLING HILLS, CA 90274CUT/FILL COLOR MAPSCALE: 1" = 30'LEGENDACRONYMSPARCEL 1PARCEL 3PARCEL 4PARCEL 4PARCEL 5 PARCEL 6 CUT/FILL LEGENDGARAGERESIDENCE 72 N72°45'18"W89.84'S35°24'10"W106.06'N17°35'20"W204.11'34.79'N84°52'35"E40.00'S22°47'47"E96.86'S21°36'25"E183.79'S42°09'50"W430.68'S22°47'47"E129.97'N64°57'08"W249.73'N17°35'20"W660.00'N41°05'00"E98.40'S79°11'45"E86.33'N17°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° 12' 28"W 84.80'S42° 07' 10"W56.00'L = 1 3 8 .6 8 ',R=102.49' Δ =7 7 ° 3 1'30" L =6 2 .3 9 ',R =10 0.0 0'Δ =3 5 °4 4 '4 9 "L=4 2.2 1',R =8 0 .0 0 'Δ =3 0 °1 3 '5 0 "N84° 49' 55"E42.93'L=42.21',R=80.00'Δ=30°13'51"N42° 07' 10"E103.60'S22° 50' 27"E159.94'S74° 48' 32"W 74.26'S16° 14' 05"E84.84'S47° 05' 10"E70.86'L=80.61',R=30.00'Δ=153°57'40"L=17.24',R=30.00'Δ=32°55'06"N16° 14' 05"W99.54'N33° 38' 35"W108.12' N80° 51' 24"W38.48'N57° 03' 32"W51.79' FOR PLANNING PURPOSES ONLY ENGINEERING CORP.C0.04 POPPY TRAILROLLING HILLS, CA 90274OVERALL SITE PLANSCALE: 1" = 30'PARCEL 1PARCEL 3PARCEL 4PARCEL 4 PARCEL 5 PARCEL 6 A.D.U.RESIDENCE (P) S t a b l e AREA OF "Qd", IDENTIFIED BYGMU, TO BE REMEDIATED73 Agenda Item No.: 10.B Mtg. Date: 10/23/2023 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:JOHN SIGNO, DIRECTOR OF PLANNING & COMMUNITY SERVICES THRU:DAVID H. READY SUBJECT: CONSIDERATION TO RECEIVE AND FILE RESOLUTION NO. 2023-12 FROM THE PLANNING COMMISSION GRANTING APPROVAL OF ZONING CASE NO 23-077 FOR A SITE PLAN REVIEW AND LOT LINE ADJUSTMENT BETWEEN THREE LOTS AT 10,12, AND 14 PINE TREE LANE TO CREATE TWO LARGER LOTS WITH A COMBINED GROSS LOT AREA OF 7.84 ACRES (LOTS 85-1-RH, 85-2-RH, 85-3-RH) (HASSOLDT), AND FINDING THE PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT DATE:October 23, 2023 BACKGROUND: On September 12, 2023, the Planning Commission voted unanimously to adopt Resolution No. 2023-12 approving the proposed project. Zoning, Location, and Lot Description The three subject properties are zoned RAS-2 and consists of a total of 3 parcels. The first property located at 10 Pine Tree Lane (Lot 1) has a net area of 1.94 Acres (84,503 sq.ft.). Lot 1 is developed with a single-family residence, garage, guest house, and barn. The second property located 12 Pine Tree Lane (Lot 2) has a net lot area of 1.70 acres (110,567 sq.ft.) and is vacant. The third property located at 14 Pine Tree Lane (Lot 3) has a net lot area of 1.61 acres (70,142 sq.ft.) and is vacant. The total net lot area of the three parcels combined are 5.21 acres (228,690 sq.ft.); the gross lot area is 7.84 acres (341,510 sq.ft.). Past Projects and Approvals On April 21, 2016, a Lot Line Adjustment (Zoning Case No. 907) application was filed by Gary Wynn, on behalf of William Hassoldt and Judith Hassoldt with the City of Rolling Hills. The project was never approved because the Rolling Hills Community Association (RHCA) would not approve the easement reduction. On September 20, 2005, the Planning Commission approved Resolution No. 2005-30 (Zoning 74 Case No. 713) for a Conditional Certificate of Compliance for a Lot Line Adjustment for the properties located at 10 Pine Tree Lane, 12 Pine Tree Lane, and 14 Pine Tree Lane. In 1999, the applicants recorded Parcel Map 21400 in 1999 which created 3- two+ acre lots from one larger lot. On May 17, 1994, the Planning Commission approved Resolution No. 94-12 (Zoning Case No. 512) for a Tentative Parcel Map No. 21400, Subdivision No. 82, for the subdivision of 7.826 acre existing lot with one single family home in Zoning Case No. 512. DISCUSSION: Applicants' Requests On June 26, 2023, a Site Plan Review (SPR) and Lot Line Adjustment (LLA) applications were filed by Gary Wynn, on behalf of William Hassoldt and Judith Hassoldt, with respect to real properties located at 10, 12, & 14 Pine Tree Lane. The applicants are requesting a Lot Line Adjustment between three (3) parcels of land which were created by a subdivision, Parcel Map No. 21400. The parcels under consideration have the following Assessor Parcel Numbers (APNs): 7569-013-016, 7569-013-017, AND 7569-013-018. No new development is being proposed with this application. Lot Line Adjustment The proposed project will create two larger lots from the existing three lots. The LLA would eliminate the existing lot line between 12 Pine Tree Lane (Lot 2) and 14 Pine Tree Lane (Lot 3). The existing lot line between 10 Pine Tree Lane (Lot 1) and 12 Pine Tree Lane (Lot 2) will be shifted north approximately 35 feet. The new lot line will essentially bisect the middle lot (Lot 2) giving portions to the other two lots. The new lot line between 10 Pine Tree Lane (Lot 1) and 12 Pine Tree Lane (Lot 2) will have a dedicated 50-foot (25 feet on each side) Rolling Hills Community Association (RHCA) easement. There are no changes to any of the other existing easements, and the LLA complies with all of the development standards in the RAS-2 Zone. Site Plan Review The Rolling Hills Municipal Code (RHMC) requires a Lot Line Adjustment application to be processed with Chapter 17.46, Site Plan Review. Minimum Net Lot Size RHMC requires the minimum Lot Area in the RA-S-2 zone to contain a minimum net lot area of 2 acres (87,120 sq.ft.). The three existing lots are in compliance with the required minimum lot sizes. The existing lot at 12 Pine Tree Lane (Lot 2) is in non-compliance because the middle portion does not meet the minimum 150-foot width requirement. The proposed LLA will result in 10 Pine Tree Lane at 3.52 acres (gross) or 153,527 square feet (gross) and 12 Pine Tree Lane (Lot 2) at 4.32 acres (gross) or 188,005 square feet (gross). Setbacks The proposed lot line adjustment complies with all of the setback requirements for the RAS-2 Zone in the Rolling Hills Municipal Code. Structural Coverage 75 The existing structural coverage for 10 Pine Tree Lane (Lot 1) is 6.83%, which is below the maximum permitted of 20% and complies with the development standards of the RHMC. There is no development proposed for Lot 1, so there is no additional structural coverage. 12 Pine Tree Lane (Lot 2) and 14 Pine Tree Lane (Lot 3) are both vacant, so there is no structural coverage. No development is proposed for the vacant lots. Lot Line Adjustment Justification The purpose of the lot line adjustment is to create 2 larger lots out of the 3 existing lots. Approval of the lot line adjustment would increase the frontage along the roadway easement on Lot 1 to 282.91 ft. and Lot 2 to 439.46 ft. The proposed gross lot area of 10 Pine Tree Lane (Lot 1) is 3.52 acres (153,527 SF) and the proposed gross lot area of 12 Pine Tree Lane (Lot 2) is 4.32 acres (177,335 SF). With this proposal, Lot 1 and Lot 2 will increase in size. The lot line adjustment will result in 12 Pine Tree Lane complying with the required 150 feet width. Planning Commission Responsibilities When reviewing a development application, the Planning Commission must consider whether the proposed project meets the criteria for a Lot Line Adjustment and Variance, as seen below. Pursuant to the Subdivision Map Act, the Planning Commission may not impose conditions or exactions on its approval of a lot line adjustment except to conform to local zoning and building ordinances. If there are variances associated with the application due to the existing and proposed non-conformities, the City could impose conditions. Review by RHCA The Rolling Hills Community Association has already approved this project. Environmental Review The proposed project is exempt from environmental review under the California Environmental Quality Act (Pub. Resources Code, §§ 21000 et seq.) (“CEQA”) pursuant to State CEQA Guidelines (Cal. Code Regs, tit. 14, §§ 15000 et seq.) sections 15060(c)(2) and 15061(b)(3) in that the lot line adjustment will not have a significant effect on the environment and will not result in any direct or foreseeable indirect physical change in the environment; it does not authorize any development or other activity that could result in a significant effect on the environment. Field Visit On September 12, 2023, at 7:30 a.m., the Planning Commission viewed the project in the field, opened the hearing to enable brief public testimony and continued the meeting to the evening meeting of the Planning Commission. It is recommended that the Planning Commission provide direction to staff. 76 FISCAL IMPACT: None. RECOMMENDATION: Receive and file. ATTACHMENTS: ATTACHMENT1_BuildingVicinityMap ATTACHMENT2_2023-12_PC_Resolution_101214PineTreeLane_ZC23- 077_Hassoldt_F_E.pdf ATTACHMENT3_Existing_ProposedLotInformation ATTACHMENT4_DevelopmentTable ATTACHMENT5_TentativeLotLineAdjustmentMap 77 78 79 80 81 82 83 84 PARCEL 1 EXISTING PROPOSED APN: 7569-013-016 (Lot 1)10 Pine Tree Lane 10 Pine Tree Lane 2.83 Acres 3.52 Acres 123,250 sq.ft.153,527 sq.ft 1.94 Acres 3.10 Acres 84,503 sq.ft.135,168 sq.ft. PARCEL 2 EXISTING TOTAL PROPOSED APN: 7569-013-017 Vacant (aka 12 Pine Tree)Vacant (aka 12 Pine Tree) 2.54 Acres 4.32 Acres 110,567 sq.ft.188,005 sq.ft. 1.70 Acres 4.07 Acres 74,249 sq.ft.177,335 sq.ft. PARCEL 3 EXISTING PROPOSED APN: 7569-013-018 Vacant (aka 14 Pine Tree)Vacant (aka 14 Pine Tree) 2.47 Acres 0 107,715 sq.ft.0 1.61 Acres 0 70,142 sq. ft.0 Existing & Proposed Lot Information Zoning Case No. 23-077 Site Plan Review & Lot Line Adjustment 10, 12, & 14 Pine Tree Lane Gross lot area Net lot area as calculated by City Gross lot area Net lot area as calculated by City Gross lot area Net lot area as calculated by City 85 Development Table Zoning Case No. 23-077 10 Pine Tree Lane Site Plan Review, Conditional Use Permit EXISTING PROPOSE D TOTAL RA-S- 2 Zone APN 7569-013-016 LOT 1 SINGLE FAMILY RESIDENCE , GARAGE, GUEST HOUSE, AND BARN LOT LINE ADUSTMENT (LLA) AND SITE PLAN REVIEW Gross Lot Area 2.83 AC (123,250 SF) .69 AC (30,277 SF) 3.52 AC (153,527 SF) Net Lot Area 1.94 AC (84,503 SF) 1.16 AC (50,665 SF) 3.10 AC (135,168 SF) Residence 4,051 SF 0 SF 4,051 SF Garage 1,484 SF 0 SF 1,484 SF Swimming Pools/Spa 0 SF 0 SF 0SF Pool Equipment 0 SF 0 SF 0 SF Pool House 0 SF 0 SF 0 SF Guest House 1,309 SF 1,309 SF Stable minimum: 450 SF Corral minimum: 550 SF 898 SF 0 SF 898 SF 1,000 SF New Planter Box Recreation Court Attached Covered Porches Detached Sheds 244 SF 0 SF 244 SF Attached Trellis Water features Service Yard Primary Driveway 7,529 SF 0 SF 7,529 SF Paved walkways 320 SF 0 SF 320 SF Patios Pool Deck Parking Pads Grading (balanced onsite) Structural Lot Coverage (15% maximum & with deductions) 7,986 SF (6.8%) 0 SF (0%0 7,986 SF (6.8%) Flatwork Lot Coverage (20% maximums & with deductions) 7,849 SF (8.7%) 0 SF (0%) 7,849 SF (8.7%) Total Lot Coverage (Structures and Flatwork) (35% maximum & with deductions) 15,535 SF (17.6%) 0 SF (0%) 15,535 SF (17.6%) Building Pad 1 (30% guideline with deductions) 12.7% 0% 12.7% 86 87 Agenda Item No.: 12.A Mtg. Date: 10/23/2023 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO CITY MANAGER THRU:DAVID H. READY SUBJECT:APPROVE CURRENT NOISE LEVELS IN THE COUNCIL CHAMBERS OR RECONSIDER AND APPROVE CONTRACT CHANGE ORDER 4B WITH AC PROS TO RESOLVE AIRFLOW NOISE CONCERNS IN THE CITY COUNCIL CHAMBERS AS PART OF THE CITY HALL HEATING, VENTILATION, AIR CONDITIONING (HVAC) PROJECT 2023-01 DATE:October 23, 2023 BACKGROUND: In late November 2022, S&K Consulting Services completed the engineering design and submitted plans for permitting with the Los Angeles County Building and Safety Division. Per the current Los Angeles County Building Code, S&K Consulting was able to determine that the scope of work is an HVAC replacement/repair project. S&K Consulting Services reported that the existing equipment included a pair of furnaces that were twinned (interlocked to supply the same duct) with two cooling coils connected to a single commercial outdoor package unit. The size of the furnaces was no longer manufactured, and twinning was no longer common practice with ultra-low NOx systems. Most of the ductwork was damaged beyond repair and sections were in shambles above the ceiling. City Hall was split into two zones in this context. Zone 1 was comprised of the individual offices, and the lobby. Zone 2 was comprised of the Council Chambers. The new design addresses the previous imbalance of airflow and improves temperature control by splitting Zone 1 into two zones where the lobby, reception area and hallway will be on a separate thermostat. S&K Consulting Services also specified new HVAC equipment with higher efficiencies and the lowest emissions. Several pieces of equipment needed to be placed outside of City Hall, at the previous recycling center. Alan Palermo Consulting, the City's Project Manager coordinated information exchange between S&K Consulting Services, and the City Hall ADA Improvement Project design team to ensure that the HVAC project makes provisions for the future condition to be improved by the ADA project. Plans were submitted to Los Angeles County in November 2022 and approved in December. The plans were revised to include information/address existing hazardous materials. 88 On Monday, August 28, 2023, staff presented an agenda item to accept the project as complete. During the meeting, The City Council expressed concerns with the level of airflow noise in the Chambers, tabled the item and requested that staff work with the project team to find resolution. On August 30, 2023, staff met virtually with S&K Engineering, AC Pros and Alan Palermo to discuss the excessive “whistling” noise in the Council chambers and what could potentially be done to correct the issue. The design and installation of the new HVAC was performed as a replacement to the existing system that was no longer functioning. The original system had the City Council meeting room separated with its own thermostat and was replaced in kind with the new/replacement system of similar size and specifications. During the design phase it was determined the existing ducts were crushed, disconnected, or otherwise compromised and not capable of delivering the air flow; therefore, replacing the ducts in majority of the building was included in the project. The existing supply air grilles, return air grill, and ductwork above the soffit in the City Council meeting room were not replaced. After the new/replacement HVAC was installed, the entire system was air balanced as required. Excessive noise was identified in the City Council meeting room and the air flow was turned down to the minimum (1200 cubic feet per minute, cfm) to reduce the noise (Note: This minimum air flow in the new/replacement system is consistent with the minimum air flow in the previous system that was replaced). The return air intake was also reduced/set to 800 cfm. The discussion covered a variety of ideas/potential solutions but required further inspection. AC Pros committed to coming on site by August 31, 2023, to further assess the situation before making any final recommendations to correct the issue in the most cost-efficient manner. Options discussed included: Enlarging the return air intake (currently a 24” x 12” grille) Evaluating the slot diffusers (supply air) if needed for options (these are concealed behind a soffit and would require more extensive work to access) Other – To be determined after 8/31/23 assessment. On August 31, 2023, AC Pros was on site to look more closely at the airflow noise within the council chambers. During the inspection it was clear that the majority of noise is coming from the very first vent on the far-left side as a result of it being the first opportunity for air to exit. The next three vents were "quieter" as they are not getting the same initial force of air. The constriction that the vent louvres create increases the “whistle.” When the vent was pulled out of the wall – staff could still hear the force of the air – however, the noise level came down. The air return, being so close in proximity, also has some noise – but the main contributor to the issue expressed by Council is from the air vent as described above. As stated during the August 28th Council meeting, the units were replaced like for like in terms of the airflow capacity. The restricted airflow to the Chambers over many years was clearly caused by the crumpled ductwork. By simply correcting that, the Chambers now receives air as intended, but even with the units dialed back as far as they can go, the airflow is much more powerful. The original design of the chamber's slot diffuser vent system creates this scenario where the air hits the first left vent and then dissipates to the other three. AC Pros made two Contract Change Order (CCO) recommendations to try and correct this issue. CCO 4A (attached) is a more robust solution that would (per AC Pros) definitely omit the whistling noise but is a broader scope and more costly solution requiring replacement of the 89 duct within the soffit, removal of the existing linear diffusers, closing the gaps in the drywall, modifying the return grill and box, adding dampers, and creating a bypass to an existing vent in the lobby area. CCO 4B (attached) is a more cost-effective option that installs a relief damper in the mechanical room to reduce the pressure within the supply duct. In theory, this should help reduce the noise further down the line in the Chambers. On September 12, 2023, staff met with S & K Consulting and Alan Palermo to discuss the recent AC Pros inspection and subsequent supplied change orders designed to effectuate a quieter influx of air into the Council Chambers. In evaluating of the two proposed CCO's and their cost, S&K and staff believes that CCO 4B should resolve the issue while being the most cost-effective solution. In summary: The initial scope of the project was to replace the existing HVAC equipment with new equipment to meet current and future demand based on the potential City Hall ADA project. The duct replacement was not part of the original scope, but was added during design due to condition of the existing ductwork (crushed, disconnected, poorly installed, etc.) The original HVAC system serving the council chambers was the same size as the new system. The new system has since been turned down and is supplying substantially less air than before, but it was not noticeable due leaks in the old ductwork. The council chambers were not part of the original scope and the ductwork for that zone was installed in soffit and the walls (inaccessible). Since there were no complaints regarding that room, it was assumed to be in good condition. Now that the system is in 100% working order, the existing slot diffusers (vents) are not adequately sized for the design air flow, causing excessive noise during operation. The contractor has proposed a simple solution (CCO 4B) to reduce the supply air by implementing a pressure relief bypass. This is the least expensive and adequate solution to mitigate the noise issue while still meeting the minimum air flow requirements for peak demand. On September 25, 2023, staff present the aforementioned CCO's for consideration and recommended CCO 4B. In two separate motions the Council voted to hold payment to S&K and directed staff to cover the vent which was creating the noise issues to see if that would cure the underlying issue. DISCUSSION: On September 26, 2023, staff covered and sealed the HVAC vent to see if the noise issue dissipated. Unfortunately, the noise shifted over to the remaining vents. On September 27, 2023, Sam Simon of S&K Engineers visited City Hall again to evaluate the above-mentioned test and if there might be any other potential solution. During the visit/inspection the following was noted/changed: Blocking the existing slot diffuser does not resolve the noise issue, but in fact creates greater back pressure on the system, shortening the lifespan of the equipment. The cardboard tape-off was removed. The new furnace was previously turned down by the contractor to the approximate design CFM rate listed on the contract drawings (H: 1,173 CFM, C: 1,186 CFM). 90 The minimum CFM to meet heating and cooling requirements is 970 CFM. The minimum CFM to meet base ASHRAE standards is 915 CFM. The Furnace was turned down to the lowest blower speeds which are actually now below the Code requirements: Cooling: 911 CFM Heating: 1,077 CFM They took informal decibel readings (using a phone and the audio/visual equipment was left on). S&K observed steady noise readings of 40 dB at 125 Hz. That is below the NC- 30 Noise Criterion (closer to NC-20), so acceptable. The minor issues caused by turning the unit down this low are: During peak demand, it might not be able to keep up with the cooling load. In which case, S&K recommends flipping dipswitch 8 to OFF on Furnace FU-3 serving the council chamber. This will increase the cooling CFM to 1006 CFM. The unit is now below the standard air changes designated for the occupancy. The outside air/ventilation rate should be rebalanced to ensure 350 CFM of outside air (defer to ACPros). Potential decrease in equipment lifespan caused by excessive heating and cooling in the equipment not being dissipated. On October 5, 2023, AC Pros and S&K were on site to evaluate the changes made and consider if re-balancing was necessary to ensure a proper amount of outside air/ventilation was achieved. In collaboration they were able to: 1. Increase the furnace fan speed for colling to 1000 CFM in order to meet the required cooling load for the room size and occupancy rating. 2. Balance the outside air intake to be within the acceptable minimum requirement. 3. Perform decibel readings to show that the noise levels meet the standards for room occupancy ratings. 4. The above three items addressed the minor issues as outlined from the changes made on September 27th. FISCAL IMPACT: Approving as is should have no further cost implications unless the air re-balancing subcontractor is unable to do a secondary visit within the existing AC Pros scope. Staff is anticipating more info by the October 9th meeting time. CCO 4B totals $5,033.09. The "whistling" airflow noise in the Council Chambers is an unanticipated byproduct of a now properly functioning system and the expense to mitigate the issue was not budgeted in the FY 2022-2023 adopted budget for this project. As such, CCO 4B would require a transfer of available General Fund reserves. The use of General Fund reserves for these purposes is consistent with City policy. RECOMMENDATION: Evaluate the current noise levels in the Chamber and approve as is or reconsider approval of Contract Change Order 4B; Approve release of held checks for S&K Engineering and AC Pros. ATTACHMENTS: CL_BID_230905_2023-01_ACPros_CO-04A_ChamberAddedScope.pdf 91 CL_BID_230905_2023-01_ACPros_CO-04B_MechnicalRoomDamper.pdf 92 AC Pros Inc. 18653 Ventura Blvd. #251Tarzana, CA 91356 Project Site: Project Name: To Owner: Qyt. 1 1 1 1 1 Qyt.Crew Hrs.Hr. Rate Extension 1 2 8.00 111.57$ 1,785.12$ 1 1 3.00 111.57$ 334.71$ 2 2 2.50 111.57$ 1,115.70$ 1 2 8.00 111.57$ 1,785.12$ 1 2 4.00 110.57$ 884.56$ 1 2 8.00 111.57$ 1,785.12$ 1 2 16.00 111.57$ 3,570.24$ 1 2 24.00 111.57$ 5,355.36$ 1 2 3.00 111.57$ 669.42$ 1 2 8.00 111.57$ 1,785.12$ 1 2 4 111.57$ 892.56$ Total labor 18,177.91$ The City of Rolling Hills 2 Portuguese Bend Ed. Rolling Hills, CA 90274 Material Price per Unit Ductwork $1,200.00 1,200.00$ $630.00 $450.00 Mics. $600.00 Modify supply plenunms Bond 2% Total Labor & Material Sub Contractors Contractor OH & P on Subcontractor (10%) Contractor OH & Profit (20%) 517.21$ Re-install diffusers & grills Install bypass in attic area 4,310.10$ Total Subcontractor 21,550.51$ $0.00 $26,377.82 -$ 630.00$ 450.00$ -$ $0.00 $0.00 Total Material Sub Total $3,080.00 $292.60 Protection metarial $200.00 Wood Drywall Air Conditioning & Heating Residential Commercial LIC # 871281 DIR # 1000031839 Cost Proposal 4A Demo existing return grill and ceiling box Scope: Ductwork correction in Council Chamber $3,372.60 200.00$ City of Rolling Hills Rolling Hills City Hall HVAC Repair Total Time Impact: Final cleanup Total Sub Subcontractor OH & Profit (15%) patch soffit & paint 600.00$ Room protection Remove existing linear diffusers in soffit Cut ceiling and frame to accommodate new 20"x24" return grill re-duct return Patch ceilng Labor Description Tax (9.5%) 93 AC Pros Inc. 18653 Ventura Blvd. #251Tarzana, CA 91356 Project Site: Project Name: To Owner: Qyt. 1 1 1 Qyt.Crew Hrs.Hr. Rate Extension 1 2 12.00 111.57$ 2,677.68$ 111.57$ -$ 111.57$ -$ 111.57$ -$ Total labor 2,677.68$ 350.00$ Total Time Impact: Total Sub Subcontractor OH & Profit (15%) Install bypass in mechanical room Air Conditioning & Heating Residential Commercial LIC # 871281 DIR # 1000031839 Cost Proposal 4B Scope: Install pressure relief bypass in Mech. Rm $810.30 -$ City of Rolling Hills Rolling Hills City Hall HVAC Repair Pressure relief damper Labor Description Tax (9.5%) Total Material Sub Total $740.00 $70.30 $350.00 $5,033.09 90.00$ -$ 120.00$ 60.00$ $600.00 $600.00 97.51$ 697.60$ Total Subcontractor 3,487.98$ $600.00 Bond 2% Balance damper Total Labor & Material Sub Contractors Contractor OH & P on Subcontractor (10%) Contractor OH & Profit (20%) Misc.$120.00 The City of Rolling Hills 2 Portuguese Bend Ed. Rolling Hills, CA 90274 Material Price per Unit Ductwork $620.00 620.00$ 94 Agenda Item No.: 12.B Mtg. Date: 10/23/2023 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:JOHN SIGNO, DIRECTOR OF PLANNING & COMMUNITY SERVICES THRU:DAVID H. READY SUBJECT:APPROVE THE DEVELOPMENT PLANS FOR AN EMERGENCY OUTDOOR SIREN SYSTEM AT THREE LOCATIONS, DIRECT STAFF TO PROCEED WITH THE PERMITTING AND INSTALLATION OF THE SIREN SYSTEM, AND MAKE A FINDING THE PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT DATE:October 23, 2023 BACKGROUND: In Fiscal Years 19/20 and 20/21, the City Council provided funding for the Block Captain Program to investigate communication platforms in the event of complete power failure in the community. The Block Captains and staff used funds to purchase two-way radios and when the handheld radio option proved to be ineffective, a Request for Proposal (RFP) was issued in February 2021 to solicit proposals on other communication systems. The City received one proposal from HQE Systems, Inc. (HQE). On April 26, 2021, staff recommended that the City Council engage the services of HQE. At the January 10, 2022, City Council meeting staff presented the final Feasibility Study and recommended that the City Council conduct a community survey to gauge interest for an outdoor siren system. In review of the Feasibility Study, the City Council requested information relating to the annual maintenance cost of the proposed outdoor siren system. The City Council also requested a street level map of Solution A and Solution B presented in the Feasibility Study. On March 14, 2022, the City Council unanimously voted to amend the PSA with HQE allocating an additional not-to-exceed $3,500 to investigate additional siren pole locations. In early July 2022, HQE submitted a revised Feasibility Study. At the January 23, 2023 City Council meeting, the City Council selected four siren pole locations as follows: 95 City Hall; Fire Station 106 (12 Crest Road West) and; CalWater Facility (3960 Crest Road) Easement at Crest Road East gate At the March 27, 2023 City Council meeting, the City Council approved the HQE proposal for additional work in the amount of $4,195 to perform another sound propagation analysis for three locations from the above list. On May 15, 2023, representatives from HQE met with City staff and representatives from the Rolling Hills Community Association (RHCA) to visit the three proposed sights. Prior to the site visits, Cal Water informed staff that their facility location was no longer an option. Instead, the RHCA easement at the Crest Road East gate was used. On June 12, 2023 the City Council received an updated sound propagation report confirming that three sire pole locations would allowing the majority of the residents to hear the siren at 70 decibels. HQE System Inc., indicated that turnkey solution selected by the City Council was estimated at $144,000 with an annual maintenance fee of $13,981. With the added intelligible voice feature of $39,000 per pole, the capital improvement project cost was $261,000. City Council voted, 4-1 (Dieringer dissenting), to move forward with the proposed siren installation using the intelligible voice system. DISCUSSION: On June 12, 2023, the City Council approved moving forward with installation of the siren tone and intelligible voice system for three 50-foot-high poles as described in the professional services agreement. HQE has prepared the development plans showing the location and specifications for each siren. Here is a summary of each: 1. City Hall Location : The new 50-foot-high pole will be located in the City Hall parking lot approximately 10 feet from the utility room and 12 feet from the fence fronting Palos Verdes Drive North. It will be in the public right-of way maintained by the City of Rolling Hills Estates (RHE). Staff has reached out to RHE and is awaiting a response in terms of permitting procedures. 2. Crest Road West Near Fire Station 56 : The location along Crest Road West will be located within the RHCA roadway easement. RHCA has requested it be placed away from the roadway for safety and aesthetic reasons. The proposed location will be downslope from the street approximately 50 feet from the centerline of Crest Road West. It will be approximately 135 feet west from the edge of the fire station driveway. Since the pole will be located at a lower elevation from the street, the height will be approximately 70 feet from adjacent grade. However, the height from street-level will be 50 feet. The additional height is needed so that sound propagation is above the roof ridge of adjacent homes, particularly the one across the street at 3 Crest Road West. 3. Crest Road East Outside of Gate : This location is within an RHCA easement approximately 10 feet from an Edison pole and six feet from a fence. The fence will need to be removed in order to install the pole but will be replaced. According to HQE, the two locations at City Hall and the Crest Road East gate will be standard (Class 3 poles which are 50 feet long) that will comply with the terms of the agreement. The 96 pole on Crest Road West near Fire Station 56 will need to be customized (Class 1) because of the additional height. A Class 1 pole is typically $10,000 to $12,000 as compared to a Class 3 pole which is approximately $2,000. As such, a change order would be required for the taller Class 1 pole. According to RHCA, placing the pole next to the street may not save costs because a security wall should be placed around the pole. It would also be much more visible and obtrusive. ENVIRONMENTAL REVIEW The solicitation for bids did not constitute a Project as defined under the California Environmental Quality Act (“CEQA”). Further, the repair, replacement and installation of an Equestrian Fence at City Hall is exempt from CEQA pursuant to section 15301 of the CEQA Guidelines (Existing facilities) in that it will replace previously existing fencing at City Hall. Further, this action is exempt under section 15302 of the CEQA Guidelines as it consists of the replacement or reconstruction of existing structures and facilities on the same site as the replaced structures and facilities and will have the same purpose and capacity. FISCAL IMPACT: The City Council previously allocated $300,000 to the Outdoor Siren System project. To date, $3,500 was spent on the initial feasibility study. Another $1,900 was spent on coordinating with Cal Water on potential sire pole locations within the community. The most recent sound propagation study cost $4,195 for a total of $9,595, leaving $290,405 available for the project. At the June 12, 2023 City Council meeting, HQE System Inc., confirmed that turnkey solution selected by the City Council was estimated at $144,000 with an annual maintenance fee of $13,981. With the added intelligible voice feature of $39,000 per pole, the capital improvement project cost is $261,000, which was approved by Council. This leaves $29,405 from the original allocation. If the customized Class 1 pole is approved for the Crest Road West location, HQE will be submitting a change order of approximately $10,000-$12,000, which would be brought to Council at a later date. There is enough in the original allocation to cover a change order and the first year of project maintenance ($13,981 per year). RECOMMENDATION: Approve as presented. ATTACHMENTS: PW_OutdoorSirenSystem_Plans_OUTDOOR_MNS_- _RHA_SUBMITTAL_10_03_23_V1.1.pdf PW_OutdoorSirenSystem_Photos.pdf CL_AGN_230706_HQE_SirenInstallation_F_A2_E.pdf 97 INSTALLATION DESIGN PLAN (IDP)CITY OF ROLLING HILLSMNS INSTALLATIONCITY OF ROLLING HILLS, CACUICUICUICUI100% SUBMITTAL 10/03/23 98 100% SUBMITTAL 10/03/23 CUICUICUICUI99 CUICUICUICUI100% SUBMITTAL 10/03/23 100 CUICUICUICUI100% SUBMITTAL 10/03/23 101 100% SUBMITTAL 10/03/23 CUICUICUICUI102 100% SUBMITTAL 10/03/23 CUICUICUICUI103 100% SUBMITTAL 10/03/23 CUICUICUICUI104 CUICUICUICUI100% SUBMITTAL 10/03/23 105 CUICUICUICUIC:\U se rs\HQE -CAD\OneD rive \Ins tal lat ion Design Plans (IDP) \PDF Images \18 Horn Tower3003.png 100% SUBMITTAL 10/03/23RENOGY SOLARPANELS (MODEL TBD)12" MIN FROMSURFACE24" MIN106 CUICUICUICUI100% SUBMITTAL 10/03/23C:\U se rs\HQE -CAD\OneD rive \Ins tal lat ion Design Plans (IDP) \PDF Images \18 Horn Tower3003 .pngRENOGY SOLARPANELS (MODEL TBD)12" MIN FROMSURFACE24" MIN107 CUICUICUICUI100% SUBMITTAL 10/03/23C:\U se rs\HQE -CAD\OneD rive \Ins tal lat ion Design Plans (IDP) \PDF Images \18 Horn Tower3003 .pngRENOGY SOLARPANELS (MODEL TBD)12" MIN FROMSURFACE24" MIN108 CUICUICUICUI100% SUBMITTAL 10/03/23 109 SIREN LOCATION AT CITY HALL 110 SIREN LOCATION AT CREST ROAD WEST NEAR FIRE STATION 111 SIREN LOCATION AT CREST ROAD EAST GATE 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 Agenda Item No.: 13.A Mtg. Date: 10/23/2023 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:PATRICK DONEGAN, CITY ATTORNEY THRU:DAVID H. READY SUBJECT:APPOINTMENT OF CITY MANAGER AND APPROVAL OF EMPLOYMENT AGREEMENT FOR CITY MANAGER SERVICES DATE:October 23, 2023 BACKGROUND: Previous City Manager Elaine Jeng’s last day as City Manager was July 7, 2023. The City Council then appointed David Ready to serve as the Interim City Manager. Since that time, the City has engaged in an exhaustive search to find the next City Manager. DISCUSSION: Ms. Karina Banales This item before the City Council proposes the appointment of Karina Banales to serve as the City Manager for the City of Rolling Hills and a proposed employment agreement regarding the same. Ms. Banales currently serves as the Deputy City Manager for the City of Rancho Palos Verdes, a position she has held for over three (3) years. Ms. Banales career in public service spans nearly 14 years and in that time, she has demonstrated competency, leadership, and public stewardship. Since 2015, she has been employed by cities on the Palos Verdes Peninsula and has developed a strong reputation and relationships with the pertinent agencies and individuals that will be valuable assets when she commences her role as City Manager. Further, her familiarity with the City and the Palos Verdes Peninsula as a whole will greatly reduce the time necessary to familiarize herself with the issues facing the City. Ms. Banales is a graduate of the University of Hawai’i at Manoa with a Bachelor of Arts in Political Science and holds a Master of Public Administration for the University of La Verne. The Proposed Employment Agreement Ms. Banales will be employed pursuant to the terms and conditions set forth in the City Manager Employment Agreement which is attached. Ms. Banales will be an at-will employee, meaning that she serves at the pleasure of the City Council subject to the Employment Agreement and City’s Municipal Code. The key terms of the Employment Agreement are as 135 follows: Three (3) year term Base salary of $187,500 $300 monthly car allowance $100 cell phone reimbursement Deferred Compensation in the amounts of: 2% of Ms. Banales’ salary on November 13, 2024; 3% of Ms. Banales’ salary on November 13, 2025; 4% of Ms. Banales’ salary. Medical and other insurance as provided to other City employees. Ms. Banales will commence her service with the City on November 13, 2023 and David Ready’s term as Interim City Manager will terminate concurrently with Ms. Banales starting her term. FISCAL IMPACT: The costs associated with the Employment Agreement are within the Council approved ranges for the City Manager position. These costs will also be accounted for in the City’s next budget. RECOMMENDATION: Adopt Resolution No. 1350, appointing Karina Banales to the position of City Manager effective November 13, 2023 and approve the employment agreement with Ms. Banales attached as Exhibit A to Resolution No. 1350. ATTACHMENTS: ResolutionNo1350_CityManager_Appointment.pdf CA_AGR_231023_CM_Agreement_KarinaBanales.pdf 136 RESOLUTION NO. 1350 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILL, CALIFORNIA APPOINTING KARINA BAÑALES AS CITY MANAGER AND APPROVING THE CITY MANAGER EMPLOYMENT AGREEMENT THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS: Section 1. Effective November 13, 2023, Karina Bañales shall be appointed City Manager of the City of Rolling Hills. Section 2. All previous Resolutions appointing a City Manager or interim City Manager are hereby repealed and superseded by this resolution effective November 13, 2023. Section 3. An employment agreement between the City of Rolling Hills and Karina Bañales, substantially in the form of the agreement attached as Exhibit A to this Resolution, is hereby approved. The City Attorney is authorized to make further modifications to the agreement to make technical corrections and to comply with applicable laws. PASSED, APPROVED, AND ADOPTED this 23rd day of October, 2023 ______________________________ PAT WILSON MAYOR ATTEST: ___________________________ CHRISTIAN HORVATH CITY CLERK 137 EXHIBIT A 138 EMPLOYMENT AGREEMENT THIS AGREEMENT is made and entered into as of this 23rd day of October, 2023, by and between the CITY OF ROLLING HILLS, a general law city and municipal corporation (hereinafter “City”), and KARINA BAÑALES (hereinafter “Employee”), both of whom understand as follows: R E C I T A L S A. City desires to engage the services of Employee, and Employee desires to accept employment as City Manager of the City of Rolling Hills. B. The City Council desires to: (1)Encourage the highest standards of fidelity and public service on the part of Employee; and (2)Provide a just means for terminating Employee’s services at such time as she may be unable fully to discharge her duties, or when City may desire otherwise to terminate her employment. C. The parties further desire to establish certain benefits and certain conditions of Employee’s employment. NOW, THEREFORE, in consideration of the mutual covenants hereinafter contained the parties agree as follows: 1.Duties. City agrees to employ Employee as City Manager of City to perform the functions and duties specified in City’s Municipal Code and the Government Code of the State of California, and to perform such other legally permissible and proper duties and functions as the City Council may from time to time assign. Employee shall not consult or engage in other non-City connected business or employment (aside from community volunteer activities) without the prior knowledge and express approval of the City Council. 2.Term. Employee shall commence service as City Manager on November 13, 2023 and this Agreement and shall continue for a period of three (3) years, unless terminated by either party as provided in Section 3 herein. 3.Termination and Resignation. 139 2 A. Employee’s employment with the City is on an at-will basis. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the City Council to terminate, by a majority vote of the City Council, the services of Employee without cause, at any time, subject only to the City providing written notice to Employee, and complying with paragraph D of this Section 3 and Section 2.04.230 of the Municipal Code. Notwithstanding the foregoing, notice of termination shall not be given during or within a period of ninety (90) days succeeding any general municipal election held in the City at which members of the City Council are elected. B. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of Employee to resign from her position, subject only to Employee providing thirty (30) days prior written notice to the City. Employee’s resignation shall be deemed accepted upon delivery of a written resignation to the Mayor, or if the Mayor is unavailable, the Mayor Pro Tem. C. Notwithstanding the provisions of Paragraph A of this Section 3, in the event Employee is terminated by City for “cause,” then City may terminate this Agreement immediately and Employee shall be entitled to only the compensation accrued up to the date of termination. As used in this section, “cause” shall mean any of the following: (1) Conviction of any felony. (2) Conviction of, or plea of guilty or nolo contendere to, any crime or offense (other than minor traffic violations or similar offenses) which is likely to have a material adverse impact on the City or on the Employee’s reputation. (3) Conviction of any crime involving an “abuse of office or position,” as that term is defined in Government Code Section 53243.4. (4) Removal from office by the Grand Jury. (5) Willful abandonment of duties. (6) Repeated failure to carry out a directive or directives of the City Council made by the City Council as a body at a Brown Act- compliant meeting. (7) Any other action or inaction by Employee that materially and substantially impedes or disrupts the performance of Employer or its 140 organizational units, is detrimental to employee safety or public safety, violates properly established rules or procedures, adversely affects the reputation of City, its officers or employees, or has a substantial and adverse effect on Employer’s interests. D. In the event Employee is terminated by the City Council at any time that Employee is still willing and able to perform the duties of City Manager, and the termination is without cause as “cause” is defined in Paragraph C above, then, subject to the limitations set forth in Government Code Section 53260, and upon delivery to the City of an executed Separation Agreement and release of all claims in a form acceptable to the City within 30 days of her termination, the City shall pay Employee a lump sum cash payment equal to six (6) month's base salary at that time. The word “termination” in this paragraph shall include a reduction in salary (other than an across- the-board reduction applicable to all senior level employees) or other financial benefits of Employee or Employee's resignation, if preceded by a formal request by a majority of the membership of the City Council that she resign. E. Effect of Payment of Severance/Release. (1)It is understood and agreed by the parties hereto that Employee is employed at will, and that upon the City’s full payment of severance benefits to Employee, any right of Employee to continued employment with City is terminated and Employee releases and discharges City and its officers, agents and employees from any claim, demand, or cause of action or damages for wrongful termination. (2)This Section does not otherwise affect, waive, nor release any other rights Employee may have under this Agreement, or applicable law. (3)This Section will survive termination of the Agreement. F. CJPIA Chief Executive Separation Program. The Parties acknowledge that as of the October 23, 2023, the City is a member of the California Joint Powers Insurance Authority (“CJPIA”) which provides the City, among other things, various insurance coverage. As part of this coverage, the CJPIA provides a Chief Executive Separation Program that as of October 23, 2023, the City’s City Manager would be eligible for provided compliance with all of the stated requirements of the program. 3 141 4 The City makes no representation or warranty that the CJPIA Chief Executive Separation Program will remain applicable to Employee (i.e., CJPIA may terminate program, City may change insurance providers, etc.) and Employee expressly acknowledges that the City has no responsibility or requirement whatsoever to guarantee or provide the benefits of the CJPIA Chief Executive Separation Program in the event Employee is no longer eligible for the CJPIA Chief Executive Separation Program for whatever reason, that the CJPIA Chief Executive Separation Program is terminated or no longer provided to the City. 4. Revolving Door. Employee must comply with Government Code § 87406.3 for a period of one year after separating from service with City. This section will survive termination of this Agreement. 5. Salary. City agrees to pay Employee for the services required by this Agreement a monthly base annual salary of One-Hundred Eighty-Seven Thousand and Five Hundred Dollars ($187,500.00) payable in installments at the same time as other employees of the City are paid. The salary shall be adjusted annually by the cost of living (COLA) on the same basis as other employees of the City. City agrees to pay Employee a monthly car allowance of Three Hundred Dollars ($300) per month. The car allowance is intended to reimburse Employee for the use of her private vehicle for City business. Employee must provide her own automobile for her use in performing her duties and is responsible for all maintenance, repair, fuel and insurance expenses for said vehicle. Employee shall use her personal cellular telephone for transaction of City business and City agrees to reimburse Employee $100 per month for use of her phone for business. At the time of her annual evaluation as provided for in paragraph 12 herein, City agrees to evaluate Employee’s salary and/or any other benefits Employee receives under this Agreement and to make modifications in such amounts and to such an extent (whether in the nature of a cost of living adjustment, merit increase, bonus or other compensation enhancement or otherwise) as City Council in its discretion may determine that it is desirable to do so. Employee may be given exceptional performance recognition in the form of a one-time check for exceptional performance during the prior fiscal year. 142 5 6. Hours of Work. Employee shall work a 9/75-work schedule, meaning that she is entitled to be off work on alternate Fridays. That notwithstanding, Employee’s duties may involve expenditures of time in excess of seventy-five (75) hours per two week period, and will also include time outside normal office hours such as attendance at City Council and other meetings. Employee shall be exempt from paid overtime compensation and from Fair Labor Standard Act work hour restrictions. Employee may, upon coordination with the City Council, exercise a flexible work schedule in light of the time she devotes outside normal business hours to the business of the City. 7. Retirement and Insurance Benefits. A. Retirement. During the term of this Agreement, City shall contribute to employer's portion and Employee shall contribute to Employee’s portion of Employee's membership in the Public Employees Retirement System. Employee shall pay any legally required Social Security withholding. City shall fund a 457(b) deferred compensation plan on Employee’s behalf as follows. On November 13, 2024: 2% of Employee’s salary On November 13, 2025: 3% of Employee’s salary On November 13, 2026: 4% of Employee’s salary The City shall fund the 457(b) deferred compensation plan on the yearly anniversary of Employee’s start date. In the event Employee is not employed as the City Manager for the entirety of the year (i.e., does not make it to the anniversary date of Employee’s service for whatever reason), the City shall have no responsibility to fund the 457(b) deferred compensation plan. To avoid any confusion, in the event the City Manager is terminated by the City Council with or without cause or if the City Manager has resigned her position prior to her annual anniversary, the City shall not be required to fund the deferred compensation plan. 143 6 B. Medical and Other Insurance. City shall provide Employee with the same health insurance, disability insurance and life insurance benefits as is provided to other employees of the City. City shall provide Employee with a term life insurance policy in the face amount of $250,000. C. Other Insurance. City shall provide and pay for all other insurance mandated by State law. 8. Sick Leave, Vacation and Holidays. A. Sick Leave. Employee shall earn 3.46 hours of sick leave per pay period up to a maximum accrual of 225 hours. Employee may carry over accrued sick leave as provided in the Employee Handbook and Personnel Policy Manual. B. Vacation. Employee shall earn 159 hours of vacation per year. Employee may elect to cash out unused vacation as provided in the Employee Handbook and Personnel Policy Manual. C. Management Leave. Employee shall be provided forty (40) hours of management leave each calendar year in lieu of the floating holidays provided for in the Employee Handbook and Personnel Policy Manual. Management leave will not accrue or carry over from year to year nor does it have any cash value. Management leave will be prorated for partial years’ service. D. Other Leave. Employee shall be entitled to bereavement leave in the same manner as employees of the City. E. Holidays. Employee shall be entitled to the same number of paid holidays per year as provided to other City employees. 9. Professional Development. City agrees to budget for and pay travel and subsistence expenses of Employee for professional travel, official travel, meetings necessary to pursue official and other functions for the City and to continue professional development of Employee, to the extent deemed reasonable by the City Council. 10. Memberships. City agrees to pay Employee’s membership dues in the International City Management Association (“ICMA”), California League of Cities, California City Managers Foundation and other similar organizations to which 144 7 City is a member, at City expense with prior City Council approval. Employee shall have a reasonable right to attend meetings of such organizations. 11. General Expenses. City recognizes that certain extraordinary expenses of a non-personal and job affiliated nature may be incurred by Employee. City agrees to reimburse Employee for reasonable expenses which are submitted to the City Council within thirty (30) days for approval and which are supported by expense receipts, statements or personal affidavits, and an audit thereof in like manner as other demands against the City. 12. Evaluation of Performance. On or about the six (6)-month anniversary of the commencement of this Agreement, the City Council shall review and provide Employee with an evaluation of her performance based on criteria established by the Council with Employee’s assistance. The City Council shall again conduct such evaluation on Employee’s one year anniversary date and annually thereafter, or at any other time requested by Employee. Notwithstanding the foregoing, the City Council may evaluate Employee at any time. 13. Other Terms and Conditions of Employment. The City Council may from time to time fix other terms and conditions of employment relating to the performance of Employee provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement, the Municipal Code, or other applicable law. 14. Assembly Bill 1344 Compliance. To the extent CITY provides: (i) paid leave to Employee pending an investigation; (ii) funds for the legal criminal defense of the Employee; and/or (iii) a cash settlement to Employee related to the termination of the Employee pursuant to Paragraph 3 of this Agreement and Government Code Section 53243 et seq., Employee shall fully reimburse the City for any and all amounts paid by the City which fall within subsections (i) through (iii) of this section in the event that the Employee is convicted of a crime involving the abuse of her office or position. 15. General Provisions. A. The text herein shall constitute the entire agreement between the parties. No representations have been made or relied upon except as set forth 145 8 herein. This Agreement may be amended or modified only by a written, fully executed agreement of the Parties. B. If Employee dies or becomes incapacitated during the term of this Agreement, any accrued and unpaid wages provided by the terms of this Agreement shall be paid by City to Employee’s spouse. C. If any provision or portion hereof contained in this Agreement is held to be unconstitutional, invalid or unenforceable, the remainder of this Agreement or portion thereof shall be deemed severable and shall not be affected and shall remain in full force and effect. D. City agrees to defend and indemnify Employee in accordance with the California Government Code. This Section will survive termination of the Agreement. E. City shall bear the cost of any fidelity or other bonds required of Employee under any law or ordinance. F. This Agreement may be changed or amended by the mutual written consent of City and Employee. Any benefits to Employee under this Agreement may be increased or added to by motion of the City Council without formal amendment to this Agreement. G. Employee is expected to conform to the ICMA Code of Ethics and must comply with all applicable provisions of the City’s conflict of interest code. H. This Agreement shall be construed in accordance with the laws of the State of California and the parties agree that venue shall be in the state court in the County of Los Angeles, California. 146 9 IN WITNESS WHEREOF the parties have executed this Agreement as of the day and year first above written. EMPLOYEE ________________________ KARINA BAÑALES CITY OF ROLLING HILLS By: ________________________ PATRICK WILSON, MAYOR ATTEST: ________________________ CITY CLERK APPROVED AS TO FORM: PATRICK DONEGAN, CITY ATTORNEY 147 Agenda Item No.: 13.B Mtg. Date: 10/23/2023 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO CITY MANAGER THRU:DAVID H. READY SUBJECT:APPROVE A THIRD AMENDMENT TO THE LEASE AGREEMENT WITH THE ROLLING HILLS COMMUNITY ASSOCIATION EXTENDING THE TERM UNTIL DECEMBER 31, 2043 DATE:October 23, 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, with RHCA occupying space on the campus as defined by a lease agreement. Additionally, the lease includes RHCA's use of the other City owned properties - riding rings, Storm Hill Park, and tennis courts. The current lease agreement with RHCA was executed in 2018 for a ten-year term to 2028. Per the lease, RHCA agreed to pay a monthly rent of $6,998. In 2020, through a lease amendment approved by City Council, the monthly rent was reduced to $5,749.25 for the period between July 1, 2020 to June 30, 2023. This reduction was based on a modification to "Paragraph 8" of the 2018 lease agreement regarding the requirement that traffic control devices including pavement markings and striping altered by the RHCA will be restored by the RHCA. Prior to 2020, the City addressed traffic control requirements. Although there was a reduction in revenue to the City, there was also an ongoing savings in expenditures relating to traffic control devices. At the June 26, 2023, City Council meeting, the Council approved the Second Lease Amendment which clarified RCHA's rent obligation through the remainder of the lease term, 2028. DISCUSSION: The RHCA Manager contacted staff and inquired if the City would be interested in further 148 extending the current lease agreement - to accommodate a planned RHCA renovation investment in their office spaces. Ad-Hoc Sub-Committees representing the City Council (Wilson/Pieper), RHCA (Lorig/Bobitt) and respective Staff's met during September to discuss potential lease terms. The proposed Third Lease Amendment presented here, extends the term an additional 15 years from 2028 until December 31, 2043. The extended term provides RHCA an appropriate period to amortize anticipated facility and building improvements estimated to cost $842,000. The improvements would expand working space for staff and the RHCA’s board room to create an additional community space for use by clubs for meetings, community education and exercise programs during inclement weather. FISCAL IMPACT: Under this Third Lease Amendment, the current monthly rent of $5,749.25 will increase by 5% every five years during the term - with the first increase taking effect in 2028. RECOMMENDATION: Approve as presented. ATTACHMENTS: CA_AGR_230907_RHCA_LeaseAmendment03_PE.pdf CA_AGR_230710_RHCA_LeaseAmendment02.pdf RHCA 2018-2028_SignedAgreement.pdf CA_AGR_200717_FirstAmendment_RoadStriping_E.pdf 149 150 151 152 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. 153 (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 154 155 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, 156 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 \30940221.1 157 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 \30940221.1 158 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 \30940221.1 159 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 \30940221.1 160 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 161 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 \30940221.1 162 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 65277.00001\30940221.1 163 Page9 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 65277.00001 \30940221.1 164 Page 10 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 65277.00001\30940221.1 165 Page 11 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. 652 77.00001 \30940221.1 166 Page 12 (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; 65277.00001 \30940221.1 167 Page 13 652 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. 168 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. 169 Page 15 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 65277.00001 \30940221.1 170 Page 16 existence which, with the passage of time or notice or both, would constitute a default on the part of City hereunder, or specifying such defaults, events, or conditions, if any are claimed. It is expressly understood and agreed that any prospective purchaser or encumbrancer of all or any portion of the Premises or of the real property of which it is a part shall be entitled to rely upon any such statement. Association's failure to deliver such statement within such time shall, at the option of City, constitute a material breach or default under this Lease. If such option is not so exercised by City (and despite any later delivery by Association of such statement), Association's failure to deliver same in a timely manner shall be conclusive upon Association that (i) this Lease is in full force and effect without modification except as may be represented by City; (ii) there are no uncured defaults in City's performance; and (iii) not more than two (2) months' rental has been paid in advance. 21. INTEREST ON PAST DUE OBLIGATIONS. Except as otherwise expressly provided in this Lease, any amount due from Association to City hereunder which is not paid when due shall bear interest at the highest rate then allowed to be changed by non-exempt lenders under the usury laws of the State of California from the date due until the date paid. 22. ARBITRATION. In the event that the parties have failed for a period of sixty (60) days to reach agreement on any controversies, claims, and matters of difference, the parties agree to submit such controversies, claims, and matters of difference to arbitration according to the rules and practices of the American Arbitration Association in force. This submission and agreement to arbitrate shall be specifically enforceable. There shall be three (3) arbitrators who shall be residents of the City and members of the Association. One (1) arbitrator shall be appointed by the City, one (1) by the Association, and those two (2) shall select the third arbitrator. A decision agreed on by two (2) of the arbitrators shall be the decision of the arbitration panel. The parties agree to abide by all awards rendered in such proceedings. Such awards shall be final and binding and there shall be no appeal therefrom. 23. CITY'S DEFAULTS. City shall not be deemed to be in default in the performance of any obligation required to be performed by it hereunder unless and until it has failed to perform such obligation for thirty (30) days after written notice by Association to City specifying wherein City has failed to perform such obligation; provided, however, that if the nature of City's obligation is such that more than thirty (30) days are required for its performance then City shall not be deemed to be in default if it shall commence such performance within such thirty (30)-day period and thereafter diligently prosecute or pursue the same to completion. In no event shall Association have the right to terminate this Lease as 65277.00001 \30940221.1 171 Page 17 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, 65277.00001 \30940221.1 172 Page 18 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. 65277.00001\3094-0221 .1 173 Page 19 (g) lbis Lease shall be interpreted and enforced in accordance with the laws of the State of California, which shall apply in all respects, including statutes oflimitation, to any disputes or controversies arising out of or pertaining to this Lease. (h) Upon Association's observing and performing all of the covenants, conditions, and provisions on Association's part to be observed and performed hereunder, Association shall have quiet possession of the Premises for the entire term hereof, subject to all of the provisions of this Lease. (i). Except as otherwise provided in this Lease, all of the covenants, conditions, and provisions of this Lease shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, personal representatives, successors, and assigns. G) Any notice required or permitted to be given hereunder shall be in writing and may be given by personal delivery or by certified mail, return receipt requested, addressed to Association or to City at the addresses provided in Section 1 ( d) hereof. Either party may by proper notice to the other specify a different address for notice purposes. (k) The text of this Lease shall be construed, in all respects, according to its fair meaning, and not strictly for or against either City or Association. (1) This Lease shall not be recorded, except that if City requests Association to do so, the parties shall execute a memorandum of this Lease in recordable form and Association shall execute and deliver to City on the expiration or termination of this Lease, immediately on City's request, a quitclaim deed to the Premises, in recordable form, designating City as transferee. All expenses incurred shall be borne by City. IN WITNESS WHEREOF, the parties hereto have executed this Lease as of the day and year first above written. 65277.00001 \30940221.1 174 Page20 AITEST: 65277.00001\30940221.1 ROLLING HILLS COMMUNITY ASSOCIATION OF RANCHO PALOS VERDES 175 176 177 178 179 Agenda Item No.: 13.C Mtg. Date: 10/23/2023 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO CITY MANAGER THRU:DAVID H. READY SUBJECT:APPROVE AMENDED AND RESTATED AGREEMENT BETWEEN TURBO DATA SYSTEMS AND THE PALOS VERDES PARKING AUTHORITY (ROLLING HILLS, ROLLING HILLS ESTATES, AND RANCHO PALOS VERDES) TO PROVIDE PARKING CITATION ADMINISTRATIVE SERVICES DATE:October 23, 2023 BACKGROUND: On November 23, 1993, the cities of Rolling Hills, Rolling Hills Estates, and Rancho Palos Verdes entered into an agreement with Turbo Data Systems, Inc. (TDS) to perform Parking Citation Administrative Services. This decision was the result of Assembly Bill No. 408 (ab 408) which decriminalized parking citations, removed processing parking citations from the courts' responsibility, and established an administrative adjudication system for these offenses. AB 408 also revised California Vehicle Code provisions related to issuing, processing, and collecting parking citations. This meant cities could no longer depend on the courts for parking citations services. This led to the Peninsula cities engaging services with TDS. Historically Rolling Hills Estates (RHE) had been the lead agency interfacing with TDS. On December 21, 2021, after a review of the statistics on citations, RHE noted that the City of Rancho Palos Verdes (RPV) had significant parking citations and appeals in the previous two years. RPV agreed to take the lead on behalf of the three cities and required the agreement with TDS to be amended. Additionally, because the original agreement was executed nearly 30 years ago, RPV staff proposed that the agreement be updated to current laws and provisions in engaging services. The lead agency serves as the liaison between the cities and TDS and receives all reports, information, and revenue from TDS. The lead agency supplies copies of all reports, and data from TDS to RHE, and Rolling Hills within 30 calendar days of receipt, along with a monthly report, showing the share of each city's prior month's revenues, and distributions to each city's allocated amount. 180 DISCUSSION: On September 26, 2023, RPV reached to the city about revising the agreement to address concerns raised by the California Department of Motor Vehicles (DMV). As written, the agreement with Turbo data calls out the three cities as individual entities, which has raised concerns with the DMV. The DMV has shared that one City (for confidential purposes) cannot access records, issue fines, or collect fees for other cities. To allow RPV and Turbodata to access this information, the DMV requests that the three agencies be identified under one name to ensure the appropriate processing of parking citations and maintain confidentiality. On October 3, 2023, RPV's City Council approved the amended and restated agreement. The City of Rolling Hills Estates City Council did so as well at their October 10th meeting. Attached is the Rancho Palos Verdes staff report including a clean and redline version restating the three agencies as the “Peninsula Parking Authority." FISCAL IMPACT: None. RECOMMENDATION: Approve as presented. ATTACHMENTS: CL_AGN_231023_CC_RPV_Tubodata_RestatedAgreement.pdf 181 CITY COUNCIL MEETING DATE: 10/03/2023 AGENDA REPORT AGENDA HEADING: Consent Calendar AGENDA TITLE: Consideration and possible action to approve the amended and restated agreement between Turbo Data Systems, Inc. and the cities of Rolling Hills Estates, Rolling Hills, and Rancho Palos Verdes for processing parking citations. RECOMMENDED COUNCIL ACTION: (1) Approve the amended and restated agreement between Turbo Data Systems, Inc. and the cities of Rolling Hills Estates, Rolling Hills, and Rancho Palos Verdes for processing of parking citations and identifying the three cities as the Palos Verdes Parking Authority; and (2) Authorize the Mayor to execute the amended and restated agreement in a form acceptable to the City Attorney. FISCAL IMPACT: None Amount Budgeted: N/A Additional Appropriation: N/A Account Number(s): N/A ORIGINATED BY: Karina Bañales, Deputy City Manager REVIEWED BY: Same as Above APPROVED BY: Ara Mihranian, AICP, City Manager ATTACHED SUPPORTING DOCUMENTS: A. TDS Amended and Restated Agreement (page A-1) B. TDS Amended and Restated Agreement (redline version) (page B-1) C. 2021 TDS Professional Services Agreement (page C-1) D. December 21, 2021 staff report BACKGROUND AND DISCUSSION: For nearly 30 years, the City of Rolling Hills Estates was the lead agency administering the Peninsula cities’ contract with Turbo Data Systems, Inc. (TDS), a third-party Parking Citation Administrator (Attachment C). This service is contracted due to the cities not having the personnel or expertise in-house to take on processing parking citations. 1 182 On December 21, 2021, the lead agency role was transferred to the City of Rancho Palos Verdes because nearly all the parking citations issued and appealed were in the City of Rancho Palos Verdes. In addition, because the agreement between the City of Rolling Hills Estates and TDS was outdated and did not align with the current contract language and approval by TDS and all three cities, a new contract was drafted and approved by the City Council on December 21, 2021 and effective on January 1, 2022 for a term of five years. As the transition was finalized, the California Department of Motor Vehicles (DMV) identified an error in which the three cities were processing parking citations. A s written, the contract with Turbo Data calls out the three cities as individual entities, raising concerns with the DMV. The DMV has shared that one city (for confidential purposes) cannot access records, issue fines, or collect fees for other cities. To allow Rancho Palos Verdes and Turbo Data to access this information, the DMV requests that the three agencies be identified under one name to ensure the appropriate processing of parking citations and maintain confidentiality. This evening, Staff seeks City Council approval to amend and restate the agreement between the City of Rancho Palos Verdes, Rolling Hills Estates, and Rollings Hills, identifying the three cities as the Palos Verdes Parking Authority . Attached, is a clean version (Attachment A) and redline version (Attachment B) identifying the changes between the December 21, 2021 contract and the current amended and restated contract. CONCLUSION: Approve the amended and restated agreement between Turbo Data Systems, Inc. and the cities of Rolling Hills Estates, Rolling Hills, and Rancho Palos Verdes for processing parking citations and identifying the three cities as the Palos Verdes Parking Authority (Attachment A). ALTERNATIVES: In addition to the Staff recommendation, the following alternative actions are available for the City Council’s consideration: 1. Do not approve amended and restated agreement with Turbo Data Systems, Inc. and direct Staff to request proposals. 2. Take other action as deemed appropriate. 2 183 AMENDED & RESTATED AGREEMENT BY AND BETWEEN TURBO DATA SYSTEMS, INC., AND THE PALOS VERDES PARKING AUTHORITY TO PROVIDE FOR PROCESSING OF PARKING CITATIONS FOR THE CITIES OF ROLLING HILLS, ROLLING HILLS ESTATES, AND RANCHO PALOS VERDES This Professional Services Agreement For Processing of Parking Citations (the “Agreement”) is entered into by and between Turbo Data Systems, Inc. (TDS), a California Corporation, and the Palos Verdes Parking Authority, and joint agreement by and between the City of Rolling Hills Estates, a general law city and municipal corporation, the City of Rancho Palos Verdes, a general law city and municipal corporation, and the City of Rolling Hills, a general law city and municipal corporation (hereinafter individually referred to as “City” and collectively referred to as the “Cities” or as "Authority"). TDS and Authority are also referred to individually as a “Party” and collectively as the “Parties.” RECITALS A. TDS desires to perform and assume responsibility for the provision of professional processing of parking citation consultant services required by the Cities through the Authority, with the City of Rancho Palos Verdes acting as the agent for both Cities and the Authority; B. TDS represents that it is experienced in providing professional processing of parking citation consultant services to public entities, is licensed in the State of California, and is familiar with the plans of the Cities; and C. TDS and Authority desire to enter into this Agreement, as amended and restated, whereby TDS will process parking citations for Authority pursuant to the terms and conditions set forth herein. NOW, THEREFORE, the Parties hereto agree as follows: 1. LEAD CITY FOR AUTHORITY. Rancho Palos Verdes will act as the lead city for the Authority for purposes of this Agreement and shall serve as the liaison between the Cities and TDS. Rancho Palos Verdes will receive all reports, information, and revenue, which are required to be provided by TDS pursuant to this Agreement, on behalf of all the Cities. Rancho Palos Verdes shall supply copies of all reports or data provided by TDS to Rolling Hills Estates and Rolling Hills within 30 calendar days of receipt of same from TDS. Rancho Palos Verdes also shall provide to Rolling Hills Estates and Rolling Hills a monthly report, indicating the share of each city’s prior month’s revenues, and distribute each city’s allocated amount with such monthly report. 2. CONTRACT OFFICER. The Deputy City Manager, or such person as may be designated by the Rancho Palos Verdes City Manager, is hereby designated as being the representative of the Authority authorized to act in its behalf with respect to the work and services specified herein and to make all decisions in connection therewith and in all dealings with the California Department of Motor Vehicles in connection with the Agreement (“Authority Officer”). A-1 184 2 3. PURPOSE. The purpose of this Agreement is for TDS to process parking citations for Authority in a timely manner. 4. SCOPE OF SERVICES. When and as directed by Authority in writing, TDS shall perform the services identified in Exhibit A (Scope of Services), which is attached hereto and incorporated herein by reference. 5. PROHIBITION AGAINST SUBCONTRACTING AND ASSIGNMENT. TDS shall not contract with any entity to perform in whole or in part the work or services required hereunder without the express written approval of each of the Cities. Neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of each of the Cities. Any such prohibited subcontract, assignment, or transfer shall be void. 6. TERM. This agreement is effective for a period of five (5) calendar years, commencing January 1, 2022. 7. CONSIDERATION. In consideration for services performed by TDS as provided in this Agreement, Authority shall pay TDS pursuant to the terms set forth in Exhibit "B" (Consideration), which is attached hereto and incorporated herein by this reference. 8. PAYMENT OF FEES. Charges determined on the basis set forth in Exhibit "B" shall be billed on a monthly basis in arrears, and payment for undisputed amounts shall be made within fifteen (15) days after receipt of such invoice. 9. ACCOUNTING RECORDS. Records of the citations processed by TDS shall be available for examination by the Authority or its Authority Officer within one week following a request by the Authority to examine such records. 10. TIME OF PERFORMANCE. Time is of the essence, and TDS shall perform the services required by this Agreement in an expeditious and timely manner so as not to unreasonably delay the purpose of this Agreement as set forth in Sections 1 and 3. 11. INDEPENDENT CONTRACTOR. At all times during the term of this agreement, TDS shall be an independent contractor and shall not be an employee of the Authority of any of its member Cities. The Authority shall have the right to control TDS only insofar as the results of TDS's services rendered pursuant to this Agreement; however, Authority shall not have the right to control the means by which TDS accomplishes the services rendered pursuant to this Agreement. 12. FACILITIES AND EQUIPMENT. TDS shall, at its own cost and expense, provide all facilities and equipment that may be required for performance of the services required by this Agreement. 13. INDEMNIFICATION BY TDS. A. TDS agrees to defend, indemnify, hold free, and harmless the City of Rancho Palos Verdes, its elected officials, officers, agents, and employees, at TDS’s sole expense, from and against any and all claims, actions, suits, or legal proceedings brought against the City of Rancho Palos Verdes, its elected officials, officers, agents, and employees arising out of the performance A-2 185 3 of TDS, its employees, and agents of the work undertaken pursuant to this Agreement or its failure to comply with any of its obligations contained in this Agreement, regardless of the City of Rancho Palos Verdes’ passive negligence, but excepting such loss or damage w hich is caused by the sole active negligence or willful misconduct of the City of Rancho Palos Verdes. B. TDS agrees to defend, indemnify, hold free, and harmless the City of Rolling Hills Estates, its elected officials, officers, agents, and employees, at TDS’s sole expense, from and against any and all claims, actions, suits, or legal proceedings brought against the City of Rolling Hills Estates, its elected officials, officers, agents, and employees arising out of the performance of TDS, its employees, and agents of the work undertaken pursuant to this Agreement or its failure to comply with any of its obligations contained in this Agreement, regardless of the City of Rolling Hills Estates’ passive negligence, but excepting such loss or damage which is caused by the sole active negligence or willful misconduct of the City of Rolling Hills Estates. C. TDS agrees to defend, indemnify, hold free, and harmless the City of Rolling Hills, its elected officials, officers, agents, and employees, at TDS’s sole expense, from and against any and all claims, actions, suits, or legal proceedings brought against the City of Rolling Hills, its elected officials, officers, agents, and employees arising out of the performance of TDS, its employees, and agents of the work undertaken pursuant to this Agreement or its failure to comply with any of its obligations contained in this Agreement, regardless of the City of Rolling Hills’ passive negligence, but excepting such loss or damage which is caused by the sole active negligence or willful misconduct of the City of Rolling Hills. 14. INDEMNIFICATION BY AUTHORITY. TDS shall use due care in processing work of the Authority. Any errors shall be corrected by TDS at no additional charge to the Authority. TDS shall be entitled to reimbursement from the Authority for any expenses incurred by TDS for the correction of any erroneous information provided by the Authority TDS shall not be responsible for Authority's losses and expenses resulting from erroneous source materials provided by the Authority . Neither party shall be liable to the other for any indirect or consequential losses or damages resulting from any errors within the scope of this Section. 15. FAIR EMPLOYMENT PRACTICES/EQUAL OPPORTUNITY ACTS. In the performance of this Agreement, TDS shall comply with all applicable provisions of the California Fair Employment Practices Act (California Labor Code Sections (410 et seq.) and the applicable equal employment provisions of the Civil Rights Act of 1964 (42 U.S.C. 200e 217), whichever is more restrictive. 16. AUTHORITY. Except as Authority may specify in writing, TDS shall have no authority, expressed or implied, to act on behalf of the Authority or any of the individual Cities in any capacity whatsoever as an agent. TDS shall have no authority, expressed or implied, pursuant to this Agreement to bind Authority to any obligation whatsoever. 17. CHANGES IN LAW. TDS shall notify Authority in writing of any changes in the processing of parking violations as a result of changes in the law or DMV regulations affecting such violations. Upon such notice, Authority shall determine whether to implement the recommended changes proposed by TDS or to terminate the Agreement as of the effective date of the change in law or regulations. A-3 186 4 18. OWNERSHIP OF SOFTWARE. Authority acknowledges that the software and software programs used by Authority or used for Authority's benefit which were developed by TDS are the sole property of TDS and the Authority obtains no right or interest in the software by virtue of this Agreement. 19. OWNERSHIP OF DOCUMENTS. All electronic and handwritten citations; electronic and handwritten reports; electronic storage media; and other documents, including copies and reproductions assembled or prepared by TDS or TDS’ agents, officers, or employees in connection with this Agreement, shall be the property of Authority and shall be delivered to the Authority upon either the completion or termination of this Agreement. 20. FORCE MAJEURE. The Parties shall not be responsible for delays or failure in performance resulting from acts beyond the control of Parties. Such acts shall include, but are not limited to, Acts of God, strikes, riots, acts of war, epidemics, fire, communication line failure, earthquakes, or other disasters. 21. TERMINATION. This Agreement may be terminated by either Party upon sixty (60) days written notice. At such time, TDS agrees to provide Authority, in computer readable form, a copy of all data files used for purposes of carrying out the obligations under this Agreement. 22. NOTICE. Whenever it shall be necessary for either Party to serve notice on the other respecting this Agreement, such notice shall be served by certified mail addressed to: TDS: Turbo Data Systems, Inc. 1551 N Tustin Avenue Suite 950 Santa Ana CA 92705 Roberta J. Rosen, President Cities: City of Rancho Palos Verdes 30940 Hawthorne Boulevard Rancho Palos Verdes, CA 90275 City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, CA 90274 City of Rolling Hills Estates 4045 Palos Verdes Drive North Rolling Hills Estates, CA 90274 unless and until different addresses may be furnished in writing by either Party to the other. Such notice shall be deemed to have been served within seventy-two (72) hours after the same has been deposited in the United States Post Office by certified mail. This shall be valid and sufficient service of notice for all purposes. 23. EXTENT OF AGREEMENT. This Agreement represents the entire and integrated agreement A-4 187 5 between Authority and TDS and supersedes any and all prior negotiations, representations, or agreements, either written or oral. This Agreement may be amended only by written instrument signed by all of the Parties. In the event that any provision hereof is deemed to be illegal or unenforceable, such a determination shall not affect the validity or enforceability of the remaining provisions hereof, all of which remain in full force and effect. 24. CALIFORNIA LAW. This Agreement shall be interpreted, construed and governed both as to validity and to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of Los Angeles, State of California. 25. LITIGATION COSTS. If any legal action or any other proceeding is brought to enforce the terms of this Agreement, or because of an alleged dispute, breach, or misrepresentation in the connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover their reasonable attorneys' fees and other costs incurred in that action or proceeding, including the costs of appeal in addition to any other relief to which it or they may be entitled. 26. INSURANCE. TDS, at its own cost and expense, shall carry, maintain for the duration of the Agreement, and provide proof thereof that is acceptable to Authority the insurance specified in this Agreement under forms of insurance satisfactory in all respects to Authority. TDS shall procure and maintain insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by TDS, its agents, representatives, employees, or subcontractors. Minimum Scope of Insurance Coverage shall be at least as broad as: Insurance Services Office form number GL 0002 (Ed.1 /73) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage ("occurrence" form CG 0001). Insurance Services Office form number CA 0001 (Ed.l/78) covering Automobile Liability, code 1 any auto and endorsement Ca 0025. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. Minimum Limits of Insurance TDS shall maintain limits no less than: General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. A-5 188 6 Automobile Liability: $1,000,000 per accident for bodily injury and property damage. Employer's Liability: $1,000,000 per accident for bodily injury or disease. Deductibles and Self -Insured Retention Any deductibles or self-insured retentions must be declared to and approved by Authority. At the option of Authority, either: the insurer shall reduce or eliminate such deductibles or self- insured retentions with respect to each City and its officers, officials, employees, volunteers, and agents; or TDS shall procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses. Other Insurance Provisions Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to each City and its officers, officials, employees, volunteers and agents. TDS's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. Each general liability insurance and automobile liability insurance policy shall be endorsed with the following specific language: The City of Rancho Palos Verdes, its elected or appointed officers, officials, employees, agents, and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the TDS, including materials, parts, or equipment furnished in connection with such work or operations. The City of Rolling Hills Estates, its elected or appointed officers, officials, employees, agents, and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the TDS, including materials, parts, or equipment furnished in connection with such work or operations. The City of Rolling Hills, its elected or appointed officers, officials, employees, agents, and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the TDS, including materials, parts, or equipment furnished in connection with such work or operations. Verification of Coverage TDS shall furnish certificates of insurance evidencing all the coverage required above, naming the Authority as additional insured. All endorsements are to be received and approved by Authority before work commences. All required information is to be mailed to the address shown in the NOTICE section of the Agreement. 27. COVENANT AGAINST DISCRIMINATION. TDS covenants that, by and for itself, its heirs, executors, assigns and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, A-6 189 7 creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class in the performance of this Agreement. TDS shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class. 28. NON-LIABILITY OF AUTHORITY OFFICERS AND EMPLOYEES. No officer or employee of each City shall be personally liable to the TDS, or any successor in interest, in the event of any default or breach by any of the Authority or any of Cities or for any amount, which may become due to TDS or to its successor, or for breach of any obligation of the terms of this Agreement. 29. EFFECTIVE DATE OF THIS AGREEMENT. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constit ute one and the same instrument and shall be effective from and after October 3, 2023. CITY OF RANCHO PALOS VERDES By: Name/Title: Date: CITY OF ROLLING HILLS ESTATES By: Name/Title: Date: CITY OF ROLLING HILLS By: Name/Title: Date: [SIGNATURES CONTINUE ON NEXT PAGE] A-7 190 8 TURBO DATA SYSTEMS, INC. By: Roberta J. Rosen President By: Elie M. Sleiman Secretary [END OF SIGNATURES] Two corporate officer signatures required a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT’S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY. A-8 191 1 EXHIBIT “A” SCOPE OF SERVICES TDS shall perform the following services in processing all parking citations: A. Basic Processing – TDS will enter manual citations and citation dispositions into Authority’s database within 2 business days. The basic service includes database maintenance, daily system backups, toll- free phone number for the public, Interactive Voice Response System (IVRS) with customized recorded information and citation lookup capability, pticket.com web-based Inquiry System for the public with customized content, TDS Agency Service Representatives (8:00 am – 5:00 pm, Monday through Friday, excluding holidays) to speak with the public regarding parking citation issues, ongoing Client support, and documentation and training for use of the TDS- provided online system. B. Handheld Ticket writer Interface - TDS will provide for automated import of electronic citations into Authority’s database within 1 business day. TDS will maintain and update the hot sheet or scofflaw files on a daily basis for Cities to upload into their handheld ticket writers. TDS will work with Authority to implement any changes required for handheld ticket writer equipment. C. System and Document Storage - Citations paid or dismissed will be retained on the computer system for 3 years and then removed. Unpaid citations will be retained on the computer system for 5 years and then removed. Citation documents will be stored for 2 years from date of issue and then returned to Authority or shredded. Payment documents will be stored for 2 years from the date of payment and then returned to Authority or shredded. D. Online Reporting - Provide monthly reports online indicating the status of all citations, such reports to be available for Authority access no later than the thirtieth (30th) day of the following month. E. DMV Interface for Registered Owner Name Retrieval - Attempt to obtain names and addresses of registered owners of cited vehicles for those citations that have not been cleared prior to their notice generation date. F. Notice Processing - Print the required Notice and mail to each registered owner whose name has been retrieved within 10 to 21 days after the citation has been issued. Includes second notices mailed for bounced checks, partial payments, and name or address changes. The notice date shall be extended whenever there is an unusual delay in delivery of information or citations to TDS. All postage, notice forms and envelopes will be provided by TDS. A-9 192 2 G. DMV Interface for Placing Registration Holds - Transmit a Notice of Delinquency to the California DMV for vehicles with California license plates after a Notice of Violation has been mailed to the registered owner and TDS has not received notification that the citation has been cleared. This Notice of Delinquency will be transmitted to the California DMV within 2 business days after the date specified by the Authority to be the DMV Date. H. DMV Interface for Releasing Registration Holds - Transmit a Notice to the California DMV that a Notice of Delinquency has been cleared within 2 business days after TDS has received notification of clearance. I. DMV Interface for Monthly Payment File – Receive payment file from DMV as available (currently monthly) and update DMV transactions into Authority’s database, providing reporting for reconciliation purposes. J. Delivery Service – Manual citations will be mailed or scanned to TDS by Authority at their own expense. TDS reports will be provided online. TDS will return any required documents via UPS and/or US Mail. K. Collection and Payment Processing - TDS will provide the following collection and payment processing services for Authority: • Provide P. O. Box where payments are mailed • Courier pickup from P. O. Box daily • Open all mail • Verify payment amounts and record on computer system within 2 business days (48 hours) • Respond to reasonable non-judicial public inquiries by phone and mail • Return questionable mail to Authority for decision • Make bank deposits to Authority bank account using check scanning • Verify amounts deposited, by citation number • Provide toll-free number for citizen inquiries • Provide weekly reports for bank statement reconciliation • Provide monthly Paid Citation Distribution Report for Authority to make surcharge payments to the County • Scan checks and deposit parking funds (remote deposits) into Authority’s bank account. Check scanning hardware and software is provided by Authority for its specific banking requirements. • Contractor does not charge for remote deposits; however, the financial institution may charge a fee, which is the responsibility of the Authority. • Cities not set up for bank check scanning will incur additional courier fees. A-10 193 3 L. Out of State Citations - TDS shall process citations for non-California license plates by entering the citation information into the system database and reporting them along with all other citations on the database with the standard reports. If they become delinquent, requests for registered owner information will be sent to the appropriate out-of-state DMV. The Notice of Intent will be generated to the registered owner and the fine amount requested. TDS will incur all costs for out of state name retrieval, including out-of-state DMV fees and charges. TDS will receive payment from Authority based on the amount of revenues collected from out-of-state citations after the Notice of Intent has been issued. This amount will be billed monthly for the prior months' receipts (as determined from our database and/or reports). Payments collected via credit card will also incur credit card fees. M. IVR and Web Payment Systems - Payment by Credit Card - Through the Interactive Voice Response (IVR) System, and through the pticket.com web site, we accept credit card payments via Visa, MasterCard and Discover. The systems authorize each transaction while the caller is on the phone or online. Authority is given an authorization number or email confirmation to confirm their charge. The IVR system and the pticket.com web payment system both automatically update the citation database with the payment immediately. Credit Card monies are paid to a Turbo Data Systems bank account and are reconciled monthly. Each City receives their own credit card postlog which shows in detail which citations were paid and for what amount, along with the deposit slip from the bank or the ACH deposit email showing that these funds have been deposited into the Authority’s account. Should there be any charge backs to a merchant account, the funds are pulled directly from the Turbo Data master account and the citation will be reactivated, much like a bounced check. The violator will be sent a notice and will then proceed to DMV hold. TDS will provide all services regarding reconciliation, reactivation of charge backs, etc. Authority will not be involved in the daily processing. N. Administrative Adjudication Processing - TDS will provide for the processing of requests for contesting citations, allowing for Authority processing of administrative reviews, tracking and monitoring all relevant dates on an automated system, mailing timely notification to respondents regarding the status of their claims, and scheduling of administrative hearings. All Administrative Adjudication information entered into the system is done in real time and is linked to existing database information to ensure proper tracking of relevant dates, mailing names and addresses and other pertinent information. A-11 194 4 Administrative Review requests will be entered within 2 business days of receipt. Adjudication documents will be stored for 2 years from their activity date and then shredded. O. Paperless Appeals (eAppeals PRO & Scanning) – TDS will provide online appeal capability for the public to appeal their citations online. TDS will provide the scanning of all mailed -in appeal documents and electronic storage of those documents. TDS will provide an online application to access the appeals, which will be searchable and sortable. TDS will keep an electronic history of processed appeals for at least two years. P. Online Inquiry Access for Authority's Staff - Access includes online access 24 hours a day, 7 days a week for Authority personnel to inquire on Authority’s database. This access includes citation inquiry (includes citation status, history status, administrative adjudication status, notes, etc.), the ability to enter and view notes, post dismissals/payments, view daily deposits made at TDS’ facility and view daily file transfers sent from the handheld ticket writer software and received at TDS’ facility. TDS’ technical staff will provide support. TDS will provide a real-time secured high-speed connection to the citation database through the Authority's Internet connection. Q. Additional Notices– TDS will mail Other Correspondence as required for processing. R. ICS Collection Service – Special Collections - Outstanding citations (DMV No-Holds or DMV Transfer of Ownership Releases or Non-California plates) and any other citations deemed as delinquent citations by Authority are transferred into the ICS system on a weekly basis. Up to two collection letters will be mailed for each ICS account requesting payment. Payments are processed daily and deposited to the Authority’s regular citation processing bank account. The TDS Agency Service Center will handle all ICS related calls through a special toll-free number dedicated to ICS accounts. Monthly reporting shows all accounts moved to the ICS system and all payments received due to ICS efforts. S. Franchise Tax Board Offset Program – TDS will combine citations by license number for total amount due, eliminate corporate names, retrieve SSN’s by name from a 3rd party, combine accounts by SSN, mail required FTB letters in advance of placing accounts at FTB, process payments generated by the FTB process, receive phone calls generated by the FTB process, provide all systems and operational procedures required for the FTB process, and provide complete reporting and reconciliation for the FTB process. Authority will be required to complete required FTB paperwork and forms (with TDS’ assistance), establish a SWIFT account with the FTB, and provide whatever assistance may be required t o work with the A-12 195 5 FTB regarding the FTB process. T. Payment Plans - The Contractor will have a payment plan system in place to comply with all legislation. The plan will allow for waivers, when necessary, for indigent and non-indigent individuals. Plan requests will be submitted to the Authority for review/approval/denial. The Contractor will mail correspondence to let the applicant know the status of their payment plan application and other details. Payment Plans allow the Authority to waive fees for indigent persons, adjust the length of the plan and set minimum payments due. If a plan defaults prior to full payment, the system automatically resumes the citation process (DMV, Collections, etc.). The Contractor will provide customized City specific information for indigent payment plans on pticket.com. U. Bank Account Management (Optional) TDS will open a trust account in the name of the Authority to receive parking deposits for all parking citation monies. TDS will handle any NSF checks from this account and reactivate the citations. TDS will process any required refund checks. TDS will send a monthly surcharge check to the county based on reporting. TDS will pay their own invoice monthly and write a check to the Authority monthly for the balance of the funds. TDS will reconcile the account monthly and provide documentation to Authority of reconciliation. V. Handheld Ticketwriters – ticketPRO Magic TDS will provide ticketPRO Magic Units (phones and printers) and citations and envelopes as required at the pricing then in effect. TDS will provide maintenance and support for the Automated Citation Issuance System and the Field Units. Remote Connect Support for devices while in the field. TDS will provide a data plan with unlimited voice/text messaging for field units. Software upgrades as newer versions become available. Support via email for support requests and for reporting software/hardware issues. A-13 196 6 EXHIBIT “B” - CONSIDERATION Basic Processing Services $1.255 per citation $300 minimum in basic processing services required Out of State Processing 35% of amount collected No charge until payment is collected. Administrative Adjudication Letters $2.29 per letter mailed Includes processing all administrative review result letters, hearing result letters, scheduling of all hearings and processing hearing schedule letters for the public. Additional Correspondence $1.08 per letter mailed Paperless Appeals (eAppeals PRO) included with Administrative Adjudication Special Collections ICS (optional) 33% of amount collected (optional) FTB Interagency Processing (optional) $2.50 per letter + 15% of amount collected Bank Account Management (optional) $100 per month plus bank fees/charges Refund Checks/NSF’s $5.00 each Payment Plan Processing $10 per payment plan Payment Plan Letters $1.08 per letter mailed Courier Services for Banking $200 per month (not applicable if scanning checks to your account or a bank management Agency) Fee Increases: Postal Rate Increase Offset – Fees will increase immediately to offset the amount of any postal increase. Annual CPI Increase – Fees will increase according to the CPI for each 12-month period. A-14 197 AMENDED & RESTATED AGREEMENT BY AND BETWEEN TURBO DATA SYSTEMS, INC., AND THE PALOS VERDES PARKING AUTHORITY TO PROVIDE FOR PROCESSING OF PARKING CITATIONS BETWEEN TURBO DATA SYSTEMS AND THEFOR THE CITIES OF ROLLING HILLS, ROLLING HILLS ESTATES, AND RANCHO PALOS VERDES This Professional Services Agreement For Processing of Parking Citations (the “Agreement”) is entered into by and between Turbo Data Systems, Inc. (TDS), a California Corporation, and the Palos Verdes Parking Authority, and joint agreement by and between the City of Rolling Hills Estates, a general law city and municipal corporation, the City of Rancho Palos Verdes, a general law city and municipal corporation, and the City of Rolling Hills, a general law city and municipal corporation (hereinafter individually referred to as “City” and collectively referred to as the “Cities” or as "AgencyAuthority"). TDS and Agency Authority are also referred to individually as a “Party” and collectively as the “Parties.” RECITALS A. TDS desires to perform and assume responsibility for the provision of professional processing of parking citation consultant services required by the Cities through the Authority, with the City of Rancho Palos Verdes acting as the agent for both Cities and the Authority ; B. TDS represents that it is experienced in providing professional processing of parking citation consultant services to public entities, is licensed in the State of California, and is familiar with the plans of the Cities; and C. TDS and Agency desire to enter into this Agreement, as amended and restated, whereby TDS will process parking citations for Agency Authority pursuant to the terms and conditions set forth herein. NOW, THEREFORE, the Parties hereto agree as follows: 1. LEAD CITY FOR AUTHORITY. AGENCY. Rancho Palos Verdes will act as the lead Agency city for the Authority for purposes of this Agreement and shall serve as the liaison between the Cities and TDS. Rancho Palos Verdes will receive all reports, information, and revenue, which are required to be provided by TDS pursuant to this Agreement, on behalf of all the Cities. Rancho Palos Verdes shall supply copies of all reports or data provided by TDS to Rolling Hills Estates and Rolling Hills within 30 calendar days of receipt of same from TDS. Rancho Palos Verdes also shall provide to Rolling Hills Estates and Rolling Hills a monthly report, indicating the share of each city’s prior month’s revenues, and distribute each city’s allocated amount with such monthly report. 2. CONTRACT OFFICER. Karina Banales,The Deputy City Manager, or such person as may be designated by the Rancho Palos Verdes City Manager, is hereby designated as being the representative of the Agency Authority authorized to act in its behalf with respect to the work and services specified herein and to make all decisions in connection therewith and in it all dealings with the California Department of Motor Vehicles in connection with the Agreement (“Contract Authority Officer”). B-1 198 2 AGREEMENT TO PROVIDE FOR PROCESSING OF PARKING CITATIONS BETWEEN TURBO DATA SYSTEMS AND THE CITIES OF ROLLING HILLS, ROLLING HILLS ESTATES, AND RANCHO PALOS VERDES [Note: Consider deleting this header or revise to reflect the amended agreement.] 3. PURPOSE. The purpose of this Agreement is for TDS to process parking citations for Agency Authority in a timely manner. 4. SCOPE OF SERVICES. When and as directed by Agency Authority in writing, TDS shall perform the services identified in Exhibit A (Scope of Services), which is attached hereto and incorporated herein by reference. 5. PROHIBITION AGAINST SUBCONTRACTING AND ASSIGNMENT. TDS shall not contract with any entity to perform in whole or in part the work or services required hereunder without the express written approval of each of the Cities. Neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of each of the Cities. Any such prohibited subcontract, assignment, or transfer shall be void. 6. TERM. This agreement is shall become effective for a period of five (5) calendar years, commencing January 1, 2022. 7. CONSIDERATION. In consideration for services performed by TDS as provided in this Agreement, Agency Authority shall pay TDS pursuant to the terms set forth in Exhibit "B" (Consideration), which is attached hereto and incorporated herein by this reference. 8. PAYMENT OF FEES. Charges determined on the basis set forth in Exhibit "B" shall be billed on a monthly basis in arrears, and payment for undisputed amounts shall be made within fifteen (15) days after receipt of such invoice. 9. ACCOUNTING RECORDS. Records of the citations processed by TDS shall be available for examination by the Agency Authority or its authorized representative(s)Authority Officer within one week following a request by the Authority Agency to examine such records. 10. TIME OF PERFORMANCE. Time is of the essence, and TDS shall perform the services required by this Agreement in an expeditious and timely manner so as not to unreasonably delay the purpose of this Agreement as set forth in Sections 1 and 3. 11. INDEPENDENT CONTRACTOR. At all times during the term of this agreement, TDS shall be an independent contractor and shall not be an employee of the AgencyAuthority of any of its member Cities. The Agency Authority shall have the right to control TDS only insofar as the results of TDS's services rendered pursuant to this Agreement; however, Agency Authority shall not have the right to control the means by which TDS accomplishes the services rendered pursuant to this Agreement. 12. FACILITIES AND EQUIPMENT. TDS shall, at its own cost and expense, provide all facilities and equipment that may be required for performance of the services required by this Agreement. 13. INDEMNIFICATION BY TDS. B-2 199 3 AGREEMENT TO PROVIDE FOR PROCESSING OF PARKING CITATIONS BETWEEN TURBO DATA SYSTEMS AND THE CITIES OF ROLLING HILLS, ROLLING HILLS ESTATES, AND RANCHO PALOS VERDES [Note: Consider deleting this header or revise to reflect the amended agreement.] A. TDS agrees to defend, indemnify, hold free, and harmless the City of Rancho Palos Verdes, its elected officials, officers, agents, and employees, at TDS’s sole expense, from and against any and all claims, actions, suits, or legal proceedings brought against the City of Rancho Palos Verdes, its elected officials, officers, agents, and employees arising out of the performance of TDS, its employees, and agents of the work undertaken pursuant to this Agreement or its failure to comply with any of its obligations contained in this Agreement, regardless of the City of Rancho Palos Verdes’ passive negligence, but excepting such loss or damage which is caused by the sole active negligence or willful misconduct of the City of Rancho Palos Verdes. B. TDS agrees to defend, indemnify, hold free, and harmless the City of Rolling Hills Estates, its elected officials, officers, agents, and employees, at TDS’s sole expense, from and against any and all claims, actions, suits, or legal proceedings brought against the City of Rolling Hills Estates, its elected officials, officers, agents, and employees arising out of the performance of TDS, its employees, and agents of the work undertaken pursuant to this Agreement or its failure to comply with any of its obligations contained in this Agreement, regardless of the City of Rolling Hills Estates’ passive negligence, but excepting such loss or damage which is caused by the sole active negligence or willful misconduct of the City of Rolling Hills Estates. C. TDS agrees to defend, indemnify, hold free, and harmless the City of Rolling Hills, its elected officials, officers, agents, and employees, at TDS’s sole expense, from and against any and all claims, actions, suits, or legal proceedings brought against the City of Rolling Hills, its elected officials, officers, agents, and employees arising out of the performance of TDS, its employees, and agents of the work undertaken pursuant to this Agreement or its failure to comply with any of its obligations contained in this Agreement, regardless of the City of Rolling Hills’ passive negligence, but excepting such loss or damage which is caused by the sole active negligence or willful misconduct of the City of Rolling Hills. 14. INDEMNIFICATION BY AGENCYAUTHORITY. TDS shall use due care in processing work of the Authority Agency. Any errors shall be corrected by TDS at no additional charge to the AgencyAuthority. TDS shall be entitled to reimbursement from the Agency Authority for any expenses incurred by TDS for the correction of any erroneous information provided by the A u t h o r i t y Agency and TDS shall not be responsible for Authority Agency's losses and expenses resulting from erroneous source materials provided by the Authority Agency. Neither party shall be liable to the other for any indirect or consequential losses or damages resulting from any errors within the scope of this Section. 15. FAIR EMPLOYMENT PRACTICES/EQUAL OPPORTUNITY ACTS. In the performance of this Agreement, TDS shall comply with all applicable provisions of the Californ ia Fair Employment Practices Act (California Labor Code Sections (410 et seq.) and the applicable equal employment provisions of the Civil Rights Act of 1964 (42 U.S.C. 200e 217), whichever is more restrictive. 16. AGENCY. Except as Agency Authority may specify in writing, TDS shall have no authority, expressed or implied, to act on behalf of the Agency Authority or any of the individual its member Cities in any capacity whatsoever as an agent. TDS shall have no authority, expressed or implied, B-3 200 4 AGREEMENT TO PROVIDE FOR PROCESSING OF PARKING CITATIONS BETWEEN TURBO DATA SYSTEMS AND THE CITIES OF ROLLING HILLS, ROLLING HILLS ESTATES, AND RANCHO PALOS VERDES [Note: Consider deleting this header or revise to reflect the amended agreement.] pursuant to this Agreement to bind Authority Agency to any obligation whatsoever. 17. CHANGES IN LAW. TDS shall notify AgencyAuthority in writing of any changes in the processing of parking violations as a result of changes in the law or DMV regulations affecting such violations. Upon such notice, Agency Authority shall determine whether to implement the recommended changes proposed by TDS or to terminate the Agreement as of the effective date of the change in law or regulations. 18. OWNERSHIP OF SOFTWARE. Agency Authority acknowledges that the software and software programs used by Agency Authority or used for Agency's Authority's benefit which were developed by TDS are the sole property of TDS and the Agency Authority obtains no right or interest in the software by virtue of this Agreement. 19. OWNERSHIP OF DOCUMENTS. All electronic and handwritten citations; electronic and handwritten reports; electronic storage media; and other documents, including copies and reproductions assembled or prepared by TDS or TDS’ agents, officers, or employees in connection with this Agreement, shall be the property of Agency Authority and shall be delivered to the Agency Authority upon either the completion or termination of this Agreement. 20. FORCE MAJEURE. The Parties shall not be responsible for delays or failure in performance resulting from acts beyond the control of Parties. Such acts shall include, but are not limited to, Acts of God, strikes, riots, acts of war, epidemics, fire, communication line failure, earthquakes, or other disasters. 21. TERMINATION. This Agreement may be terminated by either Pparty upon sixty (60) days written notice. At such time, TDS agrees to provide AuthorityAgency, in computer readable form, a copy of all data files used for purposes of carrying out the obligations under this Agreement. 22. NOTICE. Whenever it shall be necessary for either Pparty to serve notice on the other respecting this Agreement, such notice shall be served by certified mail addressed to: TDS: Turbo Data Systems, Inc. 1551 N Tustin Avenue Suite 950 Santa Ana CA 92705 Roberta J. Rosen, President Agency: City of Rancho Palos Verdes 30940 Hawthorne Boulevard Rancho Palos Verdes, CA 90275 City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, CA 90274 B-4 201 5 AGREEMENT TO PROVIDE FOR PROCESSING OF PARKING CITATIONS BETWEEN TURBO DATA SYSTEMS AND THE CITIES OF ROLLING HILLS, ROLLING HILLS ESTATES, AND RANCHO PALOS VERDES [Note: Consider deleting this header or revise to reflect the amended agreement.] City of Rolling Hills Estates 4045 Palos Verdes Drive. North Rolling Hills Estates, CA 90274 unless and until different addresses may be furnished in writing by either Pparty to the other. Such notice shall be deemed to have been served within seventy-two (72) hours after the same has been deposited in the United States Post Office by certified mail. This shall be valid and sufficient service of notice for all purposes. 23. EXTENT OF AGREEMENT. This Agreement represents the entire and integrated agreement between Agency Authority and TDS and supersedes any and all prior negotiations, representations, or agreements, either written or oral. This Agreement may be amended only by written instrument signed by all of the Parties. In the event that any provision hereof is deemed to be illegal or unenforceable, such a determination shall not affect the validity or enforceability of the remaining provisions hereof, all of which remain in full force and effect. 24. CALIFORNIA LAW. This Agreement shall be interpreted, construed and governed both as to validity and to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of Los Angeles, State of California. 25. LITIGATION COSTS. If any legal action or any other proceeding is brought to enforce the terms of this Agreement, or because of an alleged dispute, breach, or misrepresentation in the connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover their reasonable attorneys' fees and other costs incurred in that action or proceeding, including the costs of appeal in addition to any other relief to which it or they may be entitled. 26. INSURANCE. TDS, at its own cost and expense, shall carry, maintain for the duration of the Agreement, and provide proof thereof that is acceptable to Agency Authority the insurance specified in this Agreement under forms of insurance satisfactory in all respects to AgencyAuthority. TDS shall procure and maintain insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by TDS, its agents, representatives, employees, or subcontractors. Minimum Scope of Insurance Coverage shall be at least as broad as: Insurance Services Office form number GL 0002 (Ed.1 /73) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability; or Insurance Services Office Commercial General Liability B-5 202 6 AGREEMENT TO PROVIDE FOR PROCESSING OF PARKING CITATIONS BETWEEN TURBO DATA SYSTEMS AND THE CITIES OF ROLLING HILLS, ROLLING HILLS ESTATES, AND RANCHO PALOS VERDES [Note: Consider deleting this header or revise to reflect the amended agreement.] coverage ("occurrence" form CG 0001). Insurance Services Office form number CA 0001 (Ed.l/78) covering Automobile Liability, code 1 any auto and endorsement Ca 0025. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. Minimum Limits of Insurance TDS shall maintain limits no less than: General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. Automobile Liability: $1,000,000 per accident for bodily injury and property damage. Employer's Liability: $1,000,000 per accident for bodily injury or disease. Deductibles and Self -Insured Retention Any deductibles or self-insured retentions must be declared to and approved by Agency. At the option of Agency, either: the insurer shall reduce or eliminate such deductibles or self - insured retentions with respect to each Agency and its officers, officials, employees, volunteers, and agents; or TDS shall procure a bond guaranteeing payment of los ses and related investigations, claim administration, and defense expenses. Other Insurance Provisions Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to each Agency and its officers, officials, employees, volunteers and agents. TDS's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. Each general liability insurance and automobile liability insurance policy shall be endorsed with the following specific language: The City of Rancho Palos Verdes, its elected or appointed officers, officials, employees, agents, and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the TDS, including materials, parts, or equipment furnished in connection with such work or operations. The City of Rolling Hills Estates, its elected or appointed officers, officials, employees, agents, and volunteers are to be covered as additional insureds with respect to liability arising out of work B-6 203 7 AGREEMENT TO PROVIDE FOR PROCESSING OF PARKING CITATIONS BETWEEN TURBO DATA SYSTEMS AND THE CITIES OF ROLLING HILLS, ROLLING HILLS ESTATES, AND RANCHO PALOS VERDES [Note: Consider deleting this header or revise to reflect the amended agreement.] performed by or on behalf of the TDS, including materials, parts, or equipment furnished in connection with such work or operations. The City of Rolling Hills, its elected or appointed officers, officials, employees, agents, and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the TDS, including materials, parts, or equipment furnished in connection with such work or operations. Verification of Coverage TDS shall furnish certificates of insurance evidencing all the coverage required above, naming the Agency as additional insured. All endorsements are to be received and approved by Agency Authority before work commences. All required information is to be mailed to the address shown in the NOTICE section of the Agreement. 27. COVENANT AGAINST DISCRIMINATION. TDS covenants that, by and for itself, its heirs, executors, assigns and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class in the performance of this Agreement. TDS shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class. 28. NON-LIABILITY OF AGENCY OFFICERS AND EMPLOYEES. No officer or employee of each Agency Authority shall be personally liable to the TDS, or any successor in interest, in the event of any default or breach by any of the Agencies Authority or any of its member Cities or for any amount, which may become due to TDS or to its successor, or for breach of any obligation of the terms of this Agreement. 29. EFFECTIVE DATE OF THIS AGREEMENT. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument and shall be effective from and after January 1, 2022October 3, 2023. CITY OF RANCHO PALOS VERDES By: Name/Title: Date: CITY OF ROLLING HILLS ESTATES B-7 204 8 AGREEMENT TO PROVIDE FOR PROCESSING OF PARKING CITATIONS BETWEEN TURBO DATA SYSTEMS AND THE CITIES OF ROLLING HILLS, ROLLING HILLS ESTATES, AND RANCHO PALOS VERDES [Note: Consider deleting this header or revise to reflect the amended agreement.] By: Name/Title: Date: CITY OF ROLLING HILLS By: Name/Title: Date: [SIGNATURES CONTINUE ON NEXT PAGE] B-8 205 9 AGREEMENT TO PROVIDE FOR PROCESSING OF PARKING CITATIONS BETWEEN TURBO DATA SYSTEMS AND THE CITIES OF ROLLING HILLS, ROLLING HILLS ESTATES, AND RANCHO PALOS VERDES [Note: Consider deleting this header or revise to reflect the amended agreement.] TURBO DATA SYSTEMS, INC. By: Roberta J. Rosen President By: Elie M. Sleiman Secretary [END OF SIGNATURES] Two corporate officer signatures required a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT’S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY. B-9 206 1 AGREEMENT TO PROVIDE FOR PROCESSING OF PARKING CITATIONS BETWEEN TURBO DATA SYSTEMS AND THE CITIES OF ROLLING HILLS, ROLLING HILLS ESTATES, AND RANCHO PALOS VERDES [Note: Consider deleting this header or revise to reflect the amended agreement.] EXHIBIT “A” SCOPE OF SERVICES TDS shall perform the following services in processing all parking citations: A. Basic Processing – TDS will enter manual citations and citation dispositions into Agency’s Authority’s database within 2 business days. The basic service includes database maintenance, daily system backups, toll- free phone number for the public, Interactive Voice Response System (IVRS) with customized recorded information and citation lookup capability, pticket.com web- based Inquiry System for the public with customized content, Agency Service Representatives (8:00 am – 5:00 pm, Monday through Friday, excluding holidays) to speak with the public regarding parking citation issues, ongoing Client support, and documentation and training for use of the TDS- provided online system. B. Handheld Ticket writer Interface - TDS will provide for automated import of electronic citations into Agency's database within 1 business day. TDS will maintain and update the hot sheet or scofflaw files on a daily basis for Agency to upload into their handheld ticket writers. TDS will work with Agency to implement any changes required for handheld ticket writer equipment. C. System and Document Storage - Citations paid or dismissed will be retained on the computer system for 3 years and then removed. Unpaid citations will be retained on the computer system for 5 years and then removed. Citation documents will be stored for 2 years from date of issue and then returned to Agency or shredded. Payment documents will be stored for 2 years from the date of payment and then returned to Agency or shredded. D. Online Reporting - Provide monthly reports online indicating the status of all citations, such reports to be available for Agency access no later than the thirtieth (30th) day of the following month. E. DMV Interface for Registered Owner Name Retrieval - Attempt to obtain names and addresses of registered owners of cited vehicles for those citations that have not been cleared prior to their notice generation date. F. Notice Processing - Print the required Notice and mail to each registered owner whose name has been retrieved within 10 to 21 days after the citation has been issued. Includes second notices mailed for bounced checks, partial payments, and name or address changes. The notice date shall be extended whenever there is an unusual delay in delivery of information or citations to TDS. All postage, notice forms and envelopes will be provided by TDS. B-10 207 2 AGREEMENT TO PROVIDE FOR PROCESSING OF PARKING CITATIONS BETWEEN TURBO DATA SYSTEMS AND THE CITIES OF ROLLING HILLS, ROLLING HILLS ESTATES, AND RANCHO PALOS VERDES [Note: Consider deleting this header or revise to reflect the amended agreement.] G. DMV Interface for Placing Registration Holds - Transmit a Notice of Delinquency to the California DMV for vehicles with California license plates after a Notice of Violation has been mailed to the registered owner and TDS has not received notification that the citation has been cleared. This Notice of Delinquency will be transmitted to the California DMV within 2 business days after the date specified by the Agency to be the DMV Date. H. DMV Interface for Releasing Registration Holds - Transmit a Notice to the California DMV that a Notice of Delinquency has been cleared within 2 business days after TDS has received notification of clearance. I. DMV Interface for Monthly Payment File – Receive payment file from DMV as available (currently monthly) and update DMV transactions into Agency's database, providing reporting for reconciliation purposes. J. Delivery Service – Manual citations will be mailed or scanned to TDS by Agency at their own expense. TDS reports will be provided online. TDS will return any required documents via UPS and/or US Mail. K. Collection and Payment Processing - TDS will provide the following collection and payment processing services for Agency: • Provide P. O. Box where payments are mailed • Courier pickup from P. O. Box daily • Open all mail • Verify payment amounts and record on computer system within 2 business days (48 hours) • Respond to reasonable non-judicial public inquiries by phone and mail • Return questionable mail to Agency for decision • Make bank deposits to Agency bank account using check scanning • Verify amounts deposited, by citation number • Provide toll-free number for citizen inquiries • Provide weekly reports for bank statement reconciliation • Provide monthly Paid Citation Distribution Report for Agency to make surcharge payments to the County • Scan checks and deposit parking funds (remote deposits) into Agency’s bank account. Check scanning hardware and software is provided by Agency for its specific banking requirements. • Contractor does not charge for remote deposits; however, the financial institution may charge a fee, which is the responsibility of the Agency. • Agency's not set up for bank check scanning will incur additional courier fees. B-11 208 3 AGREEMENT TO PROVIDE FOR PROCESSING OF PARKING CITATIONS BETWEEN TURBO DATA SYSTEMS AND THE CITIES OF ROLLING HILLS, ROLLING HILLS ESTATES, AND RANCHO PALOS VERDES [Note: Consider deleting this header or revise to reflect the amended agreement.] L. Out of State Citations - TDS shall process citations for non-California license plates by entering the citation information into the system database and reporting them along with all other citations on the database with the standard reports. If they become delinquent, requests for registered owner information will be sent to the appropriate out-of-state DMV. The Notice of Intent will be generated to the registered owner and the fine amount requested. TDS will incur all costs for out of state name retrieval, including out-of-state DMV fees and charges. TDS will receive payment from Agency based on the amount of revenues collected from out-of-state citations after the Notice of Intent has been issued. This amount will be billed monthly for the prior months' receipts (as determined from our database and/or reports). Payments collected via credit card will also incur credit card fees. M. IVR and Web Payment Systems - Payment by Credit Card - Through the Interactive Voice Response (IVR) System, and through the pticket.com web site, we accept credit card payments via Visa, MasterCard and Discover. The systems authorize each transaction while the caller is on the phone or online. Agencies are given an authorization number or email confirmation to confirm their charge. The IVR system and the pticket.com web payment system both automatically update the citation database with the payment immediately. Credit Card monies are paid to a Turbo Data Systems bank account and are reconciled monthly. Each Agency receives their own credit card postlog which shows in detail which citations were paid and for what amount, along with the deposit slip from the bank or the ACH deposit email showing that these funds have been deposited into the Agency’s account. Should there be any charge backs to a merchant account, the funds are pulled directly from the Turbo Data master account and the citation will be reactivated, much like a bounced check. The violator will be sent a notice and will then proceed to DMV hold. TDS will provide all services regarding reconciliation, reactivation of charge backs, etc. Agency will not be involved in the daily processing. N. Administrative Adjudication Processing - TDS will provide for the processing of requests for contesting citations, allowing for Agency processing of administrative reviews, tracking and monitoring all relevant dates on an automated system, mailing timely notification to respondents regarding the status of their claims, and scheduling of B-12 209 4 AGREEMENT TO PROVIDE FOR PROCESSING OF PARKING CITATIONS BETWEEN TURBO DATA SYSTEMS AND THE CITIES OF ROLLING HILLS, ROLLING HILLS ESTATES, AND RANCHO PALOS VERDES [Note: Consider deleting this header or revise to reflect the amended agreement.] administrative hearings. All Administrative Adjudication information entered into the system is done in real time and is linked to existing database information to ensure proper tracking of relevant dates, mailing names and addresses and other pertinent information. Administrative Review requests will be entered within 2 business days of receipt. Adjudication documents will be stored for 2 years from their activity date and then shredded. O. Paperless Appeals (eAppealsPRO & Scanning) – TDS will provide online appeal capability for the public to appeal their citations online. TDS will provide the scanning of all mailed-in appeal documents and electronic storage of those documents. TDS will provide an online application to access the appeals, which will be searchable and sortable. TDS will keep an electronic history of processed appeals for at least two years. P. Online Inquiry Access for Agency's Staff - Access includes online access 24 hours a day, 7 days a week for Agency personnel to inquire on Agency’s database. This access includes citation inquiry (includes citation status, history status, administrative adjudication status, notes, etc.), the ability to enter and view notes, post dismissals/payments, view daily deposits made at TDS’ facility and view daily file transfers sent from the handhe ld ticket writer software and received at TDS’ facility. TDS’ technical staff will provide support. TDS will provide a real-time secured high-speed connection to the citation database through the Agency's Internet connection. Q. Additional Notices– TDS will mail Other Correspondence as required for processing. R. ICS Collection Service – Special Collections - Outstanding citations (DMV No-Holds or DMV Transfer of Ownership Releases or Non-California plates) and any other citations deemed as delinquent citations by Agency are transferred into the ICS system on a weekly basis. Up to two collection letters will be mailed for each ICS account requesting payment. Payments are processed daily and deposited to the Agency’s regular citation processing bank account. The TDS Agency Service Center will handle all ICS related calls through a special toll-free number dedicated to ICS accounts. Monthly reporting shows all accounts moved to the ICS system and all payments received due to ICS efforts. S. Franchise Tax Board Offset Program – TDS will combine citations by license number for total B-13 210 5 AGREEMENT TO PROVIDE FOR PROCESSING OF PARKING CITATIONS BETWEEN TURBO DATA SYSTEMS AND THE CITIES OF ROLLING HILLS, ROLLING HILLS ESTATES, AND RANCHO PALOS VERDES [Note: Consider deleting this header or revise to reflect the amended agreement.] amount due, eliminate corporate names, retrieve SSN’s by name from a 3rd party, combine accounts by SSN, mail required FTB letters in advance of placing accounts at FTB, process payments generated by the FTB process, receive phone calls generated by the FTB process, provide all systems and operational procedures required for the FTB process, and provide complete reporting and reconciliation for the FTB process. Agency will be required to complete required FTB paperwork and forms (with TDS’ assistance), establish a SWIFT account with the FTB, and provide whatever assistance may be required to work with the FTB regarding the FTB process. T. Payment Plans - The Contractor will have a payment plan system in place to comply with all legislation. The plan will allow for waivers, when necessary, for indigent and non-indigent individuals. Plan requests will be submitted to the Agency for review/approval/denial. The Contractor will mail correspondence to let the applicant know the status of their payment plan application and other details. Payment Plans allow the Agency to waive fees for indigent persons, adjust the length of the plan and set minimum payments due. If a plan defaults prior to full payment, the system automatically resumes the citation process (DMV, Collections, etc.). The Contractor will provide customized Agency specific information for indigent payment plans on pticket.com. U. Bank Account Management (Optional) TDS will open a trust account in the name of the Agency to receive parking deposits for all parking citation monies. TDS will handle any NSF checks from this account and reactivate the citations. TDS will process any required refund checks. TDS will send a, monthly surcharge check to the county based on reporting. TDS will pay their own invoice monthly and write a check to the Agency monthly for the balance of the funds. TDS will reconcile the account monthly and provide documentation to Agency of reconciliation. V. Handheld Ticketwriters – ticketPRO Magic TDS will provide ticketPRO Magic Units (phones and printers) and citations and envelopes as required at the pricing then in effect. TDS will provide maintenance and support for the Automated Citation Issuance System and the Field Units. RemoteConnect Support for devices while in the field. TDS will provide a data plan with unlimited voice/text messaging B-14 211 6 AGREEMENT TO PROVIDE FOR PROCESSING OF PARKING CITATIONS BETWEEN TURBO DATA SYSTEMS AND THE CITIES OF ROLLING HILLS, ROLLING HILLS ESTATES, AND RANCHO PALOS VERDES [Note: Consider deleting this header or revise to reflect the amended agreement.] for field units. Software upgrades as newer versions become available. Support via email for support requests and for reporting software/hardware issues. EXHIBIT “B” - CONSIDERATION Basic Processing Services $1.255 per citation $300 minimum in basic processing services required Out of State Processing 35% of amount collected No charge until payment is collected. Administrative Adjudication Letters $2.29 per letter mailed Includes processing all administrative review result letters, hearing result letters, scheduling of all hearings and processing hearing schedule letters for the public. Additional Correspondence $1.08 per letter mailed Paperless Appeals (eAppeals PRO) included with Administrative Adjudication Special Collections ICS (optional) 33% of amount collected (optional) FTB Interagency Processing (optional) $2.50 per letter + 15% of amount collected Bank Account Management (optional) $100 per month plus bank fees/charges Refund Checks/NSF’s $5.00 each Payment Plan Processing $10 per payment plan Payment Plan Letters $1.08 per letter mailed Courier Services for Banking $200 per month (not applicable if scanning checks to your account or a bank management Agency) Fee Increases: Postal Rate Increase Offset – Fees will increase immediately to offset the amount of any postal increase. Annual CPI Increase – Fees will increase according to the CPI for each 12- month period. B-15 212 AGREEMENT TO PROVIDE FOR PROCESSING OF PARKING CITATIONS BETWEEN TURBO DATA SYSTEMS AND THE CITIES OF ROLLING HILLS, ROLLING HILLS ESTATES, AND RANCHO PALOS VERDES This Professional Services Agreement For Processing of Parking Citations (the "Agreement") is entered into by and between Turbo Data Systems, Inc. (TDS), a California Corporation, and the City of Rolling Hills Estates, a general law city and municipal corporation, the City of Rancho Palos Verdes, a general law city and municipal corporation, and the City of Rolling Hills, a general law city and municipal corporation (hereinafter individually referred to as "City" and collectively referred to as the "Cities" or as "Agency"). TDS and Agency are also referred to individually as a "Party" and collectively as the "Parties." RECITALS A.TDS desires to perform and assume responsibility for the provision of professional processing of parking citation consultant services required by the Cities; B.TDS represents that it is experienced in providing professional processing of parking citation consultant services to public entities, is licensed in the State of California, and is familiar with the plans of the Cities; and C.TDS and Agency desire to enter into this Agreement, whereby TDS will process parking citations for Agency pursuant to the terms and conditions set forth herein. NOW, THEREFORE, the Parties hereto agree as follows: 1.LEAD AGENCY. Rancho Palos Verdes will act as the lead Agency for purposes of this Agreement and shall serve as the liaison between the Cities and TDS. Rancho Palos Verdes will receive all reports, information, and revenue, which are required to be provided by TDS pursuant to this Agreement, on behalf of all the Cities. Rancho Palos Verdes shall supply copies of all reports or data provided by TDS to Rolling Hills Estates and Rolling Hills within 30 calendar days of receipt of same from TDS. Rancho Palos Verdes also shall provide to Rolling Hills Estates and Rolling Hills a monthly report, indicating the share of each city's prior month's revenues, and distribute each city's allocated amount with such monthly report. 2.CONTRACT OFFICER. Karina Banales, Deputy City Manager, or such person as may be designated by the Rancho Palos Verdes City Manager, is hereby designated as being the representative of the Agency authorized to act in its behalf with respect to the work and services specified herein and to make all decisions in connection therewith ("Contract Officer"). 3.PURPOSE. The purpose of this Agreement is for TDS to process parking citations for Agency in a timely manner. 01203.0001/746472.2 1 C-1 213 4.SCOPE OF SERVICES. When and as directed by Agency in writing, TDS shall perform the services identified in Exhibit A (Scope of Services), which is attached hereto and incorporated herein by reference. 5.PROHIBITION AGAINST SUBCONTRACTING AND ASSIGNMENT. TDS shall not contract with any entity to perform in whole or in part the work or services required hereunder without the express written approval of each of the Cities. Neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of each of the Cities. Any such prohibited subcontract, assignment, or transfer shall be void. 6.TERM. This agreement shall become effective for a period of five (5) calendar years, commencing January 1, 2022. 7.CONSIDERATION. In consideration for services performed by TDS as provided in this Agreement, Agency shall pay TDS pursuant to the terms set forth in Exhibit "B" (Consideration), which is attached hereto and incorporated herein by this reference. 8.PAYMENT OF FEES. Charges determined on the basis set forth in Exhibit "B" shall be billed on a monthly basis in arrears, and payment for undisputed amounts shall be made within fifteen (15) days after receipt of such invoice. 9.ACCOUNTING RECORDS. Records of the citations processed by TDS shall be available for examination by the Agency or its authorized representative(s) within one week following a request by the Agency to examine such records. 10.TIME OF PERFORMANCE. Time is of the essence, and TDS shall perform the services required by this Agreement in an expeditious and timely manner so as not to unreasonably delay the purpose of this Agreement as set forth in Sections 1 and 3. 11.INDEPENDENT CONTRACTOR. At all times during the term of this agreement, TDS shall be an independent contractor and shall not be an employee of the Agency. The Agency shall have the right to control TDS only insofar as the results of TDS's services rendered pursuant to this Agreement; however, Agency shall not have the right to control the means by which TDS accomplishes the services rendered pursuant to this Agreement. 12.FACILITIES AND EQUIPMENT. TDS shall, at its own cost and expense, provide all facilities and equipment that may be required for performance of the services required by this Agreement. 13.INDEMNIFICATION BY TDS. A.TDS agrees to defend, indemnify, hold free, and harmless the City of Rancho Palos Verdes, its elected officials, officers, agents, and employees, at TDS's sole expense, from and against any and all claims, actions, suits, or legal proceedings brought against the City of Rancho Palos Verdes, its elected officials, officers, agents, and employees arising out of the performance of TDS, its employees, and agents of the work undertaken pursuant to this Agreement or its 2 01203.0001/746472.2 C-2 214 failure to comply with any of its obligations contained in this Agreement, regardless of the City of Rancho Palos Verdes' passive negligence, but excepting such loss or damage which is caused by the sole active negligence or willful misconduct of the City of Rancho Palos Verdes. B.TDS agrees to defend, indemnify, hold free, and harmless the City of Rolling Hills Estates, its elected officials, officers, agents, and employees, at TDS's sole expense, from and against any and all claims, actions, suits, or legal proceedings brought against the City of Rolling Hills Estates, its elected officials, officers, agents, and employees arising out of the performance of TDS, its employees, and agents of the work undertaken pursuant to this Agreement or its failure to comply with any of its obligations contained in this Agreement, regardless of the City of Rolling Hills Estates' passive negligence, but excepting such loss or damage which is caused by the sole active negligence or willful misconduct of the City of Rolling Hills Estates. C.TDS agrees to defend, indemnify, hold free, and harmless the City of Rolling Hills, its elected officials, officers, agents, and emp loyees, at TDS's sole expense, from and against any and all claims, actions, suits, or legal proceedings brought against the City of Rolling Hills, its elected officials, officers, agents, and employees arising out of the performance of TDS, its employees, and agents of the work undertaken pursuant to this Agreement or its failure to comply with any of its obligations contained in this Agreement, regardless of the City of Rolling Hills' passive negligence, but excepting such loss or damage which is caused by the sole active negligence or willful misconduct of the City of Rolling Hills. 14.INDEMNIFICATION BY AGENCY. TDS shall use due care in processing work of the Agency. Any errors shall be corrected by TDS at no additional charge to the Agency. TDS shall be entitled to reimbursement from the Agency for any expenses incurred by TDS for the correction of any erroneous information provided by the Agency and TDS shall not be responsible for Agency's losses and expenses resulting from erroneous source materials provided by the Agency. Neither party shall be liable to the other for any indirect or consequential losses or damages resulting from any errors within the scope of this Section. 15.FAIR EMPLOYMENT PRACTICES/EQUAL OPPORTUNITY ACTS. In the performance of this Agreement, TDS shall comply with all applicable provisions of the California Fair Employment Practices Act (California Labor Code Sections (410 et seq.) and the applicable equal employment provisions of the Civil Rights Act of 1964 (42 U.S.C. 200e 217), whichever is more restrictive. 16.AGENCY. Except as Agency may specify in writing, TDS shall have no authority, expressed or implied, to act on behalf of the Agency in any capacity whatsoever as an agent. TDS shall have no authority, expressed or implied, pursuant to this Agreement to bind Agency to any obligation whatsoever. 17.CHANGES IN LAW. TDS shall notify Agency in writing of any changes in the processing of parking violations as a result of changes in the law or DMV regulations affecting such violations. Upon such notice, Agency shall determine whether to implement the recommended changes proposed by TDS or to terminate the Agreement as of the effective date of the change in law or regulations. 3 01203.0001/746472.2 C-3 215 18.OWNERSHIP OF SOFTWARE. Agency acknowledges that the software and software programs used by Agency or used for Agency's benefit which were developed by TDS are the sole property of TDS and the Agency obtains no right or interest in the software by virtue of this Agreement. 19.OWNERSHIP OF DOCUMENTS. All electronic and handwritten citations; electronic and handwritten reports; electronic storage media; and other documents, including copies and reproductions assembled or prepared by TDS or TDS' agents, officers, or employees in connection with this Agreement, shall be the property of Agency and shall be delivered to the Agency upon either the completion or termination of this Agreement. 20.FORCE MAJEURE. The Parties shall not be responsible for delays or failure in performance resulting from acts beyond the control of Parties. Such acts shall include, but are not limited to, Acts of God, strikes, riots, acts of war, epidemics, fire, communication line failure, earthquakes, or other disasters. 21.TERMINATION. This Agreement may be terminated by either party upon sixty (60) days written notice. At such time, TDS agrees to provide Agency, in computer readable form, a copy of all data files used for purposes of carrying out the obligations under this Agreement. 22.NOTICE. Whenever it shall be necessary for either party to serve notice on the other respecting this Agreement, such notice shall be served by certified mail addressed to: TDS: Agency: Turbo Data Systems, Inc. 1551 N Tustin Avenue Suite 950 Santa Ana CA 92705 Roberta J. Rosen, President City of Rancho Palos Verdes 30940 Hawthorne Boulevard Rancho Palos Verdes, CA 90275 City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, CA 90274 City of Rolling Hills Estates 4045 Palos Verdes Dr. N Rolling Hills Estates, CA 90274 unless and until different addresses may be furnished in writing by either party to the other. Such notice shall be deemed to have been served within seventy-two (72) hours after the same has 4 01203.0001/746472.2 C-4 216 been deposited in the United States Post Office by certified mail. This shall be valid and sufficient service of notice for all purposes. 23.EXTENT OF AGREEMENT. This Agreement represents the entire and integrated agreement between Agency and TDS and supersedes any and all prior negotiations, representations, or agreements, either written or oral. This Agreement may be amended only by written instrument signed by all of the Parties. In the event that any provision hereof is deemed to be illegal or unenforceable, such a determination shall not affect the validity or enforceability of the remaining provisions hereof, all of which remain in full force and effect. 24.CALIFORNIA LAW. This Agreement shall be interpreted, construed and governed both as to validity and to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of Los Angeles, State of California. 25.LITIGATION COSTS. If any legal action or any other proceeding is brought to enforce the terms of this Agreement, or because of an alleged dispute, breach, or misrepresentation in the connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover their reasonable attorneys' fees and other costs incurred in that action or proceeding, including the costs of appeal in addition to any other relief to which it or they may be entitled. 26.INSURANCE. TDS, at its own cost and expense, shall carry, maintain for the duration of the Agreement, and provide proof thereof that is acceptable to Agency the insurance specified in this Agreement under forms of insurance satisfactory in all respects to Agency. TDS shall procure and maintain insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by TDS, its agents, representatives, employees, or subcontractors. Minimum Scope of Insurance Coverage shall be at least as broad as: Insurance Services Office form number GL 0002 (Ed.1 /73) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage ("occurrence" form CG 0001). Insurance Services Office form number CA 0001 (Ed.1/78) covering Automobile Liability, code 1 any auto and endorsement Ca 0025. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. Minimum Limits of Insurance TDS shall maintain limits no less than: 5 01203.0001/746472.2 C-5 217 General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. Automobile Liability: $1,000,000 per accident for bodily injury and property damage. Employer's Liability: $1,000,000 per accident for bodily injury or disease. Deductibles and Self -Insured Retention Any deductibles or self-insured retentions must be declared to and approved by Agency. At the option of Agency, either: the insurer shall reduce or eliminate such deductibles or self insured retentions with respect to each Agency and its officers, officials, employees, volunteers, and agents; or TDS shall procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses. Other Insurance Provisions Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to each Agency and its officers, officials, employees, volunteers and agents. TDS's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. Each general liability insurance and automobile liability insurance policy shall be endorsed with the following specific language: The City of Rancho Palos Verdes, its elected or appointed officers, officials, employees, agents, and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the TDS, including materials, parts, or equipment furnished in connection with such work or operations. The City of Rolling Hills Estates, its elected or appointed officers, officia Is, employees, agents, and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the TDS, including materials, parts, or equipment furnished in connection with such work or operations. The City of Rolling Hills, its elected or appointed officers, officials, employees, agents, and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the TDS, including materials, parts, or equipment furnished in connection with such work or operations. Verification of Coverage TDS shall furnish certificates of insurance evidencing all the coverage required above, naming the Agency as additional insured. All endorsements are to be received and approved by Agency before work commences. All required information is to be mailed to the address shown in the NOTICE section of the Agreement. 6 01203.0001/746472.2 C-6 218 27.COVENANT AGAINST DISCRIMINATION. TDS covenants that, by and for itself, its heirs, executors, assigns and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class in the performance of this Agreement. TDS shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class 28.NON-LIABILITY OF AGENCY OFFICERS AND EMPLOYEES. No officer or employee of each Agency shall be personally liable to the TDS, or any successor in interest, in the event of any default or breach by any of the Agencies or for any amount, which may become due to TDS or to its successor, or for breach of any obligation of the terms of this Agreement. 29.EFFECTIVE DATE OF THIS AGREEMENT. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument and shall be effective from and after January 1, 2022. Cl� By:�•�� Name/Title:,Mk'ifC!Z, r2JN Date: \1 / i\ r LO 2-\ Date: 03 / 22. / 2022. CITY OF ROLLIN?1J-LLS .. By:+->,,.,.c..,,:::;:c.._---'IY'---"&_.....�_,__7"'T--' Name/Tit [SIGNATURES CONTINUE ON NEXT PAGE] 7 01203.0001/746472.2 C-7 219 [END OF SIGNATURES] TURBO DATA SYSTEMS, INC. By: ····· �--- President By:�S� Elie M. Sleiman ----Secretary ___ _ Two corporate officer signatures required a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treas urer. CONSULTANT'S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT'S BUSINESS ENTITY. 8 01203.0001/746472.2 C-8 220 AGREEMENT TO PROVIDE FOR PROCESSING OF PARKING CITATIONS BETWEEN TURBO DATA SYSTEMS AND THE CITIES OF ROLLING HILLS, ROLLING HILLS ESTATES, AND RANCHO PALOS VERDES EXHIBIT "A" SCOPE OF SERVICES TDS shall perform the following services in processing all parking citations: A.Basic Processing-TDS will enter manual citations and citation dispositions into Agency's database within 2 business days. The basic service includes database maintenance, daily system backups, toll free phone number for the public, Interactive Voice Response System (IVRS) with customized recorded information and citation lookup capability, pticket.com web-based Inquiry System for the public with customized content, Agency Service Representatives (8:00 am -5:00 pm, Monday through Friday, excluding holidays) to speak with the public regarding parking citation issues, ongoing Client support, and documentation and training for use of the TDS-provided on line system. B.Handheld Ticket writer Interface -TDS will provide for automated import of electronic citations into Agency's database within 1 business day. TDS will maintain and update the hot sheet or scofflaw files on a daily basis for Agency to upload into their hand held ticket writers. TDS will work with Agency to implement any changes required for hand held ticket writer equipment. C.System and Document Storage -Citations paid or dismissed will be retained on the computer system for 3 years and then removed. Unpaid citations will be retained on the computer system for 5 years and then removed. Citation documents will be stored for 2 years from date of issue and then returned to Agency or shredded. Payment documents will be stored for 2 years from the date of payment and then returned to Agency or shredded. D.Online Reporting -Provide monthly reports on line indicating the status of all citations, such repor ts to be available for Agency access no later than the thirtieth (30th) day of the following month. E.DMV Interface for Registered Owner Name Retrieval -Attempt to obtain names and addresses of registered owners of cited vehicles for those citations that have not been cleared prior to their notice generation date. F.Notice Processing -Print the required Notice and mail to each registered owner whose name has been retrieved within 10 to 21 days after the citation has been issued. Includes second notices mailed for bounced checks, partial payments, and name or address changes. The notice date shall be extended whenever there is an unusual delay in delivery of information or citations to TDS. All postage, notice forms and envelopes will be provided by TDS. 1 C-9 221 AGREEMENT TO PROVIDE FOR PROCESSING OF PARKING CITATIONS BETWEEN TURBO DATA SYSTEMS AND THE CITIES OF ROLLING HILLS, ROLLING HILLS ESTATES, AND RANCHO PALOS VERDES G.OMV Interface for Placing Registration Holds -Transmit a Notice of Delinquency to the California OMV for vehicles with California license plates after a Notice of Violation has been mailed to the registered owner and TDS has not received notification that the citation has been cleared. This Notice of Delinquency will be transmitted to the California OMV within 2 business days after the date specified by the Agency to be the OMV Date. H.OMV Interface for Releasing Registration Holds -Transmit a Notice to the California OMV that a Notice of Delinquency has been cleared within 2 business days after TDS has received notification of clearance. I.OMV Interface for Monthly Payment File -Receive payment file from OMV as available (currently monthly) and update OMV transactions into Agency's database, providing reporting for reconciliation purposes. J.Delivery Service -Manual citations will be mailed or scanned to TDS by Agency at their own expense. TDS reports will be provided online. TDS will return any required documents via UPS and/or US Mail. K.Collection and Payment Processing -TDS will provide the following collection and payment processing services for Agency: •Provide P. 0. Box where payments are mailed •Courier pickup from P. 0. Box daily •Open all mail •Verify payment amounts and record on computer system within 2 business days (48 hours) •Respond to reasonable non-judicial public inquiries by phone and mail •Return questionable mail to Agency for decision •Make bank deposits to Agency bank account using check scanning •Verify amounts deposited, by citation number •Provide toll-free number for citizen inquiries •Provide weekly reports for bank statement reconciliation •Provide monthly Paid Citation Distribution Report for Agency to make surcharge payments to the County •Scan checks and deposit parking funds (remote deposits) into Agency's bank account. Check scanning hardware and software is provided by Agency for its specific banking requirements. •Contractor does not charge for remote deposits; however, the financial institution may charge a fee, which is the responsibility of the Agency. •Agency's not set up for bank check scanning will incur additional courier fees. 2 C-10 222 AGREEMENT TO PROVIDE FOR PROCESSING OF PARKING CITATIONS BETWEEN TURBO DATA SYSTEMS AND THE CITIES OF ROLLING HILLS, ROLLING HILLS ESTATES, AND RANCHO PALOS VERDES L.Out of State Citations -TDS shall process citations for non-California license plates by entering the citation information into the system database and reporting them along with all other citations on the database with the standard reports. If they become delinquent, requests for registered owner information will be sent to the appropriate out-of-state OMV. The Notice of Intent will be generated to the registered owner and the fine amount requested. TDS will incur all costs for out of state name retrieval, including out-of-state OMV fees and charges. TDS will receive payment from Agency based on the amount of revenues collected from out-of-state citations after the Notice of Intent has been issued. This amount will be billed monthly for the prior months' receipts {as determined from our database and/or reports). Payments collected via credit card will also incur credit card fees. M.IVR and Web Payment Systems -Payment by Credit Card -Through the Interactive Voice Response (IVR) System, and through the pticket.com web site, we accept credit card payments via Visa, MasterCard and Discover. The systems authorize each transaction while the caller is on the phone or online. Agencies are given an authorization number or email confirmation to confirm their charge. The IVR system and the pticket.com web payment system both automatically update the citation database with the payment immediately. Credit Card monies are paid to a Turbo Data Systems bank account and are reconciled monthly. Each Agency receives their own credit card postlog which shows in detail which citations were paid and for what amount, along with the deposit slip from the bank or the ACH deposit email showing that these funds have been deposited into the Agency's account. Should there be any charge backs to a merchant account, the funds are pulled directly from the Turbo Data master account and the citation will be reactivated, much like a bounced check. The violator will be sent a notice and will then proceed to OMV hold. TDS will provide all services regarding reconciliation, reactivation of charge backs, etc. Agency will not be involved in the daily processing. N.Administrative Adjudication Processing -TDS will provide for the processing of requests for contesting citations, allowing for Agency processing of administrative reviews, tracking and monitoring all relevant dates on an automated system, mailing timely notification to respondents regarding the status of their claims, and scheduling of administrative hearings. All Administrative Adjudication information entered into the system is done in real time and is linked to existing database information to ensure proper tracking of relevant dates, mailing names and addresses and other 3 C-11 223 AGREEMENT TO PROVIDE FOR PROCESSING OF PARKING CITATIONS BETWEEN TURBO DATA SYSTEMS AND THE CITIES OF ROLLING HILLS, ROLLING HILLS ESTATES, AND RANCHO PALOS VERDES pertinent information. Administrative Review requests will be entered within 2 business days of receipt. Adjudication documents will be stored for 2 years from their activity date and then shredded. 0.Paperless Appeals (eAppealsPRO & Scanning) -TDS will provide online appeal capability for the public to appeal their citations online. TDS will provide the scanning of all mailed-in appeal documents and electronic storage of those documents. TDS will provide an online application to access the appeals, which will be searchable and sortable. TDS will keep an electronic history of processed appeals for at least two years. P.Online Inquiry Access for Agency's Staff -Access includes online access 24 hours a day, 7 days a week for Agency personnel to inquire on Agency's database. This access includes citation inquiry (includes citation status, history status, administrative adjudication status, notes, etc.), the ability to enter and view notes, post dismissals/payments, view daily deposits made at TDS' facility and view daily file transfers sent from the handheld ticket writer software and received at TDS' facility. TDS' technical staff will provide support. TDS will provide a real-time secured high-speed connection to the citation database through the Agency's Internet connection. Q.Additional Notices-TDS will mail Other Correspondence as required for processing. R.ICS Collection Service -Special Collections -Outstanding citations (DMV No-Holds or DMV Transfer of Ownership Releases or Non-California plates) and any other citations deemed as delinquent citations by Agency are transferred into the ICS system on a weekly basis. Up to two collection letters will be mailed for each ICS account requesting payment. Payments are processed daily and deposited to the Agency's regular citation processing bank account. The TDS Agency Service Center will handle all lCS related calls through a special toll-free number dedicated to ICS accounts. Monthly reporting shows all accounts moved to the ICS system and all payments received due to ICS efforts. S.Franchise Tax Board Offset Program-TDS will combine citations by license number for total amount due, eliminate corporate names, retrieve SSN's by name from a 3rd party, combine accounts by SSN, mail required FTB letters in advance of placing accounts at FTB, process payments generated by the FTB process, receive phone calls generated by the FTB process, provide all systems and operational procedures required for the FTB process, and provide complete reporting and reconciliation for the FTB process. Agency will be required to complete required FTB paperwork and forms (with TDS' 4 C-12 224 AGREEMENT TO PROVIDE FOR PROCESSING OF PARKING CITATIONS BETWEEN TURBO DATA SYSTEMS AND THE CITIES OF ROLLING HILLS, ROLLING HILLS ESTATES, AND RANCHO PALOS VERDES assistance), establish a SWIFT account with the FTB, and provide whatever assistance may be required to work with the FTB regarding the FTB process. T.Payment Plans -The Contractor will have a payment plan system in place to comply with all legislation. The plan will allow for waivers, when necessary, for indigent and non-indigent individuals. Plan requests will be submitted to the Agency for review/approval/denial. The Contractor will mail correspondence to let the applicant know the status of their payment plan application and other details. Payment Plans allow the Agency to waive fees for indigent persons, adjust the length of the plan and set minimum payments due. If a plan defaults prior to full payment, the system automatically resumes the citation process (OMV, Collections, etc.). The Contractor will provide customized Agency specific information for indigent payment plans on pticket.com. U. Bank Account Management (Optional) TDS will open a trust account in the name of the Agency to receive parking deposits for all parking citation monies. TDS will handle any NSF checks from this account and reactivate the citations. TDS will process any required refund checks. TDS will send a, monthly surcharge check to the county based on reporting. TDS will pay their own invoice monthly and write a check to the Agency monthly for the balance of the funds. TDS will reconcile the account monthly and provide documentation to Agency of reconciliation. V.Handheld Ticketwriters -ticketPRO Magic TDS will provide ticketPRO Magic Units (phones and printers) and citations and envelopes as required at the pricing then in effect. TDS will provide maintenance and support for the Automated Citation Issuance System and the Field Units. RemoteConnect Support for devices while in the field. TDS will provide a data plan with unlimited voice/text messaging for field units. Software upgrades as newer versions become available. Support via email for support requests and for reporting software/hardware issues. 5 C-13 225 AGREEMENT TO PROVIDE FOR PROCESSING OF PARKING CITATIONS BETWEEN TURBO DATA SYSTEMS AND THE CITIES OF ROLLING HILLS, ROLLING HILLS ESTATES, AND RANCHO PALOS VERDES EXHIBIT "B" -CONSIDERATION Basic Processing Services $1.255 per citation $300 minimum in basic processing services required Out of State Processing 35% of amount collected No charge until payment is collected. Administrative Adjudication Letters $2.29 per letter mailed Includes processing all administrative review result letters, hearing result letters, scheduling of all he arings and processing hearing schedule letters for the public. Additional Correspondence Paperless Appeals {eAppeals PRO) Special Collections ICS (optional) FTB lnteragency Processing (optional) Bank Account Management (optional) Refund Checks/NSF's Payment Plan Processing Payment Plan Letters Courier Services for Banking Fee Increases: $1.08 per letter mailed included with Administrative Adjudication 33% of amount collected (optional) $2.50 per letter+ 15% of amount collected $100 per month plus bank fees/charges $5.00 each $10 per payment plan $1.08 per letter mailed $200 per month (not applicable if scanning checks to your account or a bank management Agency) Postal Rate Increase Offset -Fees will increase immediately to offset the amount of any postal increase. Annual CPI Increase -Fees will increase according to the CPI for each 12-month period. 6 C-14 226 Agenda Item No.: 13.D Mtg. Date: 10/23/2023 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:DAVID READY, INTERIM CITY MANAGER THRU:DAVID H. READY SUBJECT:APPROVE FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH MV CHENG & ASSOCIATES FOR FINANCE SERVICES DATE:October 23, 2023 BACKGROUND: In 2021, staff evaluated finance service models in other jurisdictions to better meet our operational needs. Most were found to staff the Finance Department with full-time employees. Other smaller jurisdictions, like Rolling Hills, had their departments served by a third party contracted finance firm. A small population of jurisdictions like Hidden Hills and Bradbury staff the department with PERS annuitants working part-time and directly for the agency. On July 12, 2021, the City Council approved a contract with MV Cheng & Associates Inc. (MV Cheng) to provide financial services for the City. MV Cheng operates as an incorporated business within the State of California, with associates as sub-contractors to the firm. They have over 20 years of experience in municipal auditing, accounting, and finance. The owner, Misty Cheng, was a municipal Finance Director for several cities. The sub-contractors of MV Cheng have worked in municipalities on short- and long-term assignments ranging from Payroll Technician, Accountant, Senior Accountant, Account Manager, and Finance Director. MV Cheng offers the knowledge of PERS annuitants specifically relating to municipal finance and is flexible on availability, charging only for time worked. Further, MV Cheng offers the ability to use PERS annuitants without the need for the City to manage the annuitants' work hours for compliance with their retirement terms. DISCUSSION: This Finance Services First Amendment to the agreement approved in 2021 extends the term for an additional year (until October 23, 2024) with annual renewals until either party cancels the agreement (Note; the City maintains its "30 Day Termination for Convenience" clause). All other provisions remain the same with the exception of the following two items; 1.The annual payment for financial services will not be a set amount (as in the original agreement) but will be limited to and cannot exceed the Annual Approved Budget line item for 227 "Financial Services" unless approved by the City Council. 2. MV Cheng has requested a $15 fee increase for the "Finance Operations Lead Consultant," equivalent to a Finance Director position, from $95/hour to $115/hour. Importantly, this position has been provided by Robert Samario, who has significant experience as a former Finance Director in the city of Santa Barbara. It's anticipated that Robert will remain assigned to Rolling Hills to continue providing his expertise for city financial operations. By comparison, this increase remains below MV Cheng's fee for the same position in the cities of Pale Verdes Estates ($130/hr), Madera ($125/hr) and South Pasadena ($140/hr). The position of "Accountant Technician" will remain at $50/hr, however, when we request such services on-site in City Hall, the fee will be $55/hr. The position of "Accountant Level Consultant" is formally added to the agreement at $70/hr for certain specialized finance services that do not require the level of Finance Operations Lead Consultant. FISCAL IMPACT: The original agreement approved in 2021 was for an amount not to exceed $68,960. In the current FY 23/24 Budget, the City Council approved $120,000 for MV Cheng's financial services. As Interim City Manager, I've requested additional "accounts payable" services under this agreement due to the vacant "Bookkeeper/Administrative Clerk" position. To date, through the end of October, approximately $30,000 of the appropriated $120,000 has been expended. The upcoming City Council Quarterly Budget Presentation, in conjunction with the new incoming City Manager's assessment of City finance operations will be important in determining ongoing financial services expenses. RECOMMENDATION: Approve as presented. ATTACHMENTS: CA_AGR_231023_MVCheng_Amendment01.pdf CA_AGR_210712_MVCheng_FinanceServices_E.pdf 228 FIRST AMENDMENT TO THE AGREEMENT FOR PROFESSIONAL FINANCE SERVICES This First Amendment to the Agreement for Finance Services ("First Amendment") is entered into as of October 23, 2023 ("Effective Date"), by and among CITY OF ROLLING HILLS, a California municipal corporation ("City"), and MV CHENG & ASSOCIATES, INC. ("Consultant "). Consultant and City are sometimes hereinafter referred to individually as a "Party" and collectively as the "Parties." RECITALS A. City and Consultant entered into that certain Agreement for Finance Services, dated July 12, 2021, (“Agreement”) to provide finance, accounting and treasury services consistent with governmental accounting standards, laws and best practices. Consultant was paid hourly under the Agreement. B. Consultant has performed to the satisfaction of the City under the Agreement and the parties desire to extended the term of the Agreement and to increase the hourly rate of compensation. NOW, THEREFORE, in consideration of the foregoing Recitals and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Consultant and City hereby agree as follows: 1. Section 2 (Term of Agreement) is hereby amended to read as follows: “The term of this contract shall commence upon execution by both parties and shall expire on October 23, 2024. Upon this annual anniversary, the Agreement will renew for successive one (1) years terms unless terminated by either Party pursuant to the terms of this Agreement.” 2. Secton 3 (Payment for Services) is hereby amended to read as follows: “CONSULTANT shall be compensated in an amount not to exceed the annual budget appropriation as adopted by the City Council for finance consultant services provided pursuant to this Agreement on an hourly basis at the following hourly rates: (a) Finance Operations Lead Consultant -- $115/hr. (b) Accountant Level Consultant -- $70/hr. (c) Accountant Technician Level Consultant -- $50/hr. (remote) / $55/hr. (onsite) Compensation shall under no circumstances be increased except by written amendment of this Agreement. The CONSULTANT shall be paid within forty- five (45) days of presentation of an invoice to the CITY for services performed to 229 the CITY’s satisfaction. The CONSULTANT shall submit invoices monthly describing the services performed, the date services were performed, a description of reimbursable costs, and any other information requested by the CITY.” 3. Entire Agreement . The Agreement , together with this First Amendment, embodies the entire understanding between Consultant and City with respect to its subject matter and can be changed only by an instrument in writing signed by Consultant and City. Unless otherwise amended by this First Amendment, all terms of the Agreement remain in full and force and effect. 4. Counterparts. This First Amendment may be executed in one or more counterparts, including facsimile counterparts or electronic-mail counterparts, each of which shall be deemed an original but all of which, taken together, shall constitute one in the same Amendment. IN WITNESS WHEREOF, this First Amendment has been executed as of the day and year first set forth above. CONSULTANT: _____________________________________ Misty V. Cheng, President CITY OF ROLLING HILLS: David Ready, Interim City Manager ATTEST: ___________________ Christian Horvath, City Clerk 230 231 232 233 234 235 236 237 238 239 240 Agenda Item No.: 13.E Mtg. Date: 10/23/2023 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO CITY MANAGER THRU:DAVID H. READY SUBJECT:CONSIDERATION OF REQUEST FROM RHCA TO EXECUTE A LICENSE AGREEMENT WITH COX BUSINESS DATE:October 23, 2023 BACKGROUND: The Rolling Hills Community Association (“RHCA”) receives its internet service through Cox Communications d/b/a/ Cox Business. The City does not use Cox Business for its internet services but does use Cox Business for other services. The RHCA has requested that the City execute a Communications Facilities License Agreement with Cox Business to install and maintain, among other things, additional equipment, cabling and wiring at the City Hall campus property for RHCA’s internet services. A licensing agreement is a written contract that would give Cox Business permission to use the City’s property under a certain set of conditions to provide internet service to RHCA. Cox Business is requesting that the City enter into the license as the City is the owner of the property. The requested improvements related to the License Agreement are not connected to the services the City receives from Cox Business. DISCUSSION: The proposed Communications Facilities License Agreement (“License Agreement”) with Cox Business appears to be Cox Business’ template agreement. Despite requests from City staff, Cox Business is not amenable to any changes. While the License Agreement does have provisions that require Cox Business to carry insurance and of course does not cost the City any money, there are a few provisions which necessitated City Council input. First, the indemnification provision calls for a reciprocal mutual indemnity. That is, both Cox Business and the City would have to agree to indemnify, defend and hold the other party harmless from all claims/damages arising out of (a) the negligence or willful misconduct of each party or (b) one party’s breach of the Agreement beyond any applicable notice and cure periods. Now a mutual indemnification provision is something the City has agreed to before; however, it is typically done in the context of the City receiving a product or service. Here we are being requested to execute this agreement because we own the land on which the equipment is to be installed. 241 Second, the term provision of this agreement posits a 5-year term with an automatic renewal term for one-year terms after this initial 5-year term. The provision at first states that the City can terminate with 90 days’ prior written notice. However, the City’s ability to terminate the License Agreement is prohibited at any time during which (i) Cox Business is providing services, or (ii) Cox Business has a service agreement in place with any Tenant. That is, if Cox Business is providing services to RHCA, the City cannot terminate the License Agreement. Ultimately, the License Agreement is a judgment call for the City. While nothing legally requires the City to execute the License Agreement, conversations with RHCA indicates that this upgraded service from Cox Business is a high priority for RHCA and thus why RHCA requested the City to consider the License Agreement. Cox Business is a reputable internet service provider and there is nothing to indicate that Cox Business will be problematic licensee. However, the decision to execute must be made in light of the language of the template License Agreement. FISCAL IMPACT: There is no fiscal impact related to the execution of the License Agreement as the City is not being charged. RECOMMENDATION: Review and provide direction to City staff. ATTACHMENTS: CL_AGN_231023_CC_COX_Agrmt_RHCA.pdf 242 Printed: 10/16/2023 / 12:25 PM Initial___/___ 1 PORTUGUESE BEND RD, ROLLING HILLS, CA 90274 Assessor’s Parcel No. 7569-015-900 1 COMMUNICATIONS FACILITIES LICENSE AGREEMENT (Commercial) This Communications Facilities Agreement ("Agreement") is entered into this ___ day of ______, 2023 by and between Cox Communications California, LLC d/b/a Cox Business, on behalf of itself and its affiliates (“Cox”) and ROLLING HILLS CITY (“Owner”). Owner holds title to, or is the authorized agent of the titleholder of, certain real property located at: 1 PORTUGUESE BEND RD, ROLLING HILLS, CA 90274 (“Property”); The parties agree as follows: 1. Grant. Owner grants Cox permission to install and maintain its communications, distribution and other facilities, including, but not limited to, equipment, electronics, security and automation systems, cabling, wiring and other needed equipment (“Facilities") on the Property to provide voice, video, and data services, and any other service now or hereafter offered by Cox and/or its affiliates (collectively, "Servi ces") to occupants at the Property (“Tenants”) and to utilize the Property, on a non-exclusive basis, for the transmission of Services and to install and maintain appropriate facilities for such Services. Owner further grants to Cox the non-exclusive right to enter the Property including all common areas to install, connect, disconnect, transfer, service, remove and repair the Facilities during normal business hours, except in case of emergency in which event Cox shall have the right to enter the Property outside of normal business hours. Owner also grants Cox (i) the right to use any available conduit space which is now, or hereafter, located on, under or over the Property, for the installation, maintenance, and operation of Cox’s Facilities and (ii) the right to intersect such existing conduit from the public right of way or Cox’s Facilities located outside of the Property. Owner hereby approves of the construction and installation of the Facilities in accordance with the plans on EXHIBIT A attached hereto, or, if no plans are attached as of the date of execution of this Agreement, the parties will, prior to Cox commencing construction, cooperate in good faith to mutually approve the construction scope of work, such approval not to be unreasonably withheld, conditioned or delayed. If Owner requests, in writing within ninety (90) days after the expiration or earlier termination of this Agreement, Cox shall remove the Facilities (excluding “Internal Wiring” (defined below) and any underground Facilities) within sixty (60) days after receipt of Owner’s request. Otherwise, Cox have shall have the right to enter upon the Property and remove any portion or all of the Facilities and such right shall survive the expiration or earlier termination of this Agreement. At Cox’s option, wiring and cabling may remain on the Property. The Facilities are and shall remain the sole and exclusive property of Cox and shall not become fixtures of the Property, except for the “Internal Wiring ” which is defined as the wiring, ports and outlets located within a commercial unit receiving Services back to the demarcation point, and underground Facilities. Owner agrees: not to use, move, disturb, or alter the Facilities, or interfere with the Services, or knowingly permit any third party to do so. 2. Obligations of Cox. Cox agrees to: (i) pay for all materials and labor reasonably necessary to install the Facilities; (ii) keep the Property free of liens resulting from Cox’s installation or removal of the Facilities; (iii) repair any damage to the Property if such damage results directly from Cox's installation or removal of the Facilities; (iv) obtain all applicable government permits for the installation of the Facilities on the Property; (v) maintain (a) Commercial General Liability insurance with a policy limit of at least $2,000,000 to protect Owner against bodily injury or damage resulting from Cox’s negligence or intentional misconduct with respect to the installation, operation or maintenance of the Facilities on the Property at all times when Cox is providing Services hereunder, and (b) Worker’s Compensation insurance in statutory amounts. The Cox insurance policies hereunder shall be with insurers (i) licensed to do business in the state in which the Property is located and (ii) carrying an A.M. Best 243 Printed: 10/16/2023 / 12:25 PM Initial___/___ 1 PORTUGUESE BEND RD, ROLLING HILLS, CA 90274 Assessor’s Parcel No. 7569-015-900 2 rating of at least A-VIII. All policies, including any renewals thereof, shall specify that such policy cannot be canceled without at least thirty (30) days written notice to Owner. 3. Indemnification. Cox agrees to indemnify, defend and hold Owner harmless from all third party claims, suits, proceedings, liabilities, losses, costs, damages, and expenses, including reasonable attorneys' fees (the “Claims”) for personal injury or property damages arising out of (a) the negligence or willful misconduct of Cox in connection with Cox’s installation or removal of the Facilities at the Property; or (b) Cox’s breach of this Agreement beyond any applicable notice and cure periods. Owner agrees to indemnify, defend and hold Cox harmless from all Claims for personal injury or property damages arising out of (a) the negligence or willful misconduct of Owner, its employees or agents; or (b) Owner’s breach of this Agreement beyond any applicable notice and cure periods. This provision shall survive the expiration or earlier termination of this Agreement. NEITHER PARTY SHALL BE LIABLE HEREUNDER FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, ARISING FROM THIS AGREEMENT OR PROVISION OF THE SERVICES. 4. Term. The “Term” shall begin upon the date of execution by the last signing party hereunder, and continue for five (5) years from the first day of the first full calendar month thereafter. The Term of this Agreement shall automatically renew for consecutive one (1) year terms (each successive year being a “Renewal Term”), provided that either party may terminate this Agreement with at least ninety (90) days prior written notice; however, Owner shall not have the right to terminate this Agreement at any time during which (i) Cox is providing Services, or (ii) Cox has a service agreement in place with any Tenant. Cox may terminate this Agreement (i) in the event Cox is unable to continue the distribution of any Services because of any law, rule, regulation or judgment of any court (or any similar reason beyond the reasonable control of Cox), (ii) if the applicable franchise or licenses are assigned, terminated, surrendered or revoked for any reason, or (iii) in the event that Cox elects to no longer provide Services to the Property. 5. Default. If either party fails to perf orm any material condition or agreement to be performed or observed by it hereunder and such default is not cured within thirty (30) days after the defaulting party’s receipt of written notice from the non-defaulting party, the non-defaulting party may immediately terminate this Agreement by providing written notice to the defaulting party. 6. Miscellaneous. This Agreement is the entire understanding between the parties and supersedes any prior agreements or understandings whether oral or written. This Agreement may not be amended except by a written instrument executed by both parties. This Agreement is governed by the laws of the state where the Property is located. Owner acknowledges that (i) this Agreement and Cox's rights granted herein shall be binding upon Owner's successors and assigns, and (ii) Owner shall notify any successor Property owner of Cox’s right under this Agreement and provide such party a copy hereof. Each Party has the full right and authority to execute this Agreement and grant the rights and/or accept the obligations contained herein. Owner represents that there are no prior or existing agreements, nor will there be any agreements during the Term, that would be breached by Owner’s execution of this Agreement or by Cox's provision of the Services. Cox may assign this Agreement without consent, in whole or part, to (i) to any affiliate of Cox; (ii) any entity merging with, or acquiring substantially all of the assets of, Cox or (iii) any services provider that provides Services to any Tenant. Notices required to be given shall be sent by U.S. Certified Mail, postage prepaid, return receipt requested, or national overnight courier to the address set forth below. Cox shall determine the appropriate date to begin construction and/or installation of the Facilities at the Property and the commencement of the provision of Services to Tenants. Owner shall have no responsibility for the Services provided by Cox, or for the proper functioning of the Facilities. In the event of bankruptcy of any Tenant or Owner, or in the event of a Service disconnection order, Cox shall have the right to enter upon the Property to recover the Facilities. Signatures on next page Signatures to follow: 244 Printed: 10/16/2023 / 12:25 PM Initial___/___ 1 PORTUGUESE BEND RD, ROLLING HILLS, CA 90274 Assessor’s Parcel No. 7569-015-900 3 For: Cox Communications California, LLC 20 Icon Foothill Ranch, CA 92610 (949) 546.2020 By: _______________________________ Print Name__________________________ Title:______________________________ Date: ______________________________ For: ROLLING HILLS CITY 1 Portuguese Bend Rd Rolling Hills, CA 90274 Re: 1 PORTUGUESE BEND RD, ROLLING HILLS, CA 90274 To Whom Cox Should Email the Signed Agreement: By: ________________________________ _________________________ Print Name: _________________________ _________________________ Title: ______________________________ Date: ______________________________ Email: _____________________________ Who to call for access to MPOE (telephone room): Print Name: _________________________ Phone: _____________________________ 245 Printed: 10/16/2023 / 12:25 PM Initial___/___ 1 PORTUGUESE BEND RD, ROLLING HILLS, CA 90274 Assessor’s Parcel No. 7569-015-900 4 Exhibit “A” Legal Description: Assessor’s Parcel Number: 7569-015-900 Scope of Work: 246 Agenda Item No.: 13.F Mtg. Date: 10/23/2023 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO CITY MANAGER THRU:DAVID H. READY SUBJECT:ACCEPT THE CITY HALL HEATING, VENTILATION AND AIR CONDITIONING PROJECT #2023-01 AS COMPLETE, FILE NOTICE OF COMPLETION, AND RELEASE RETENTION AFTER 30 DAY LIEN PERIOD TO AC PROS DATE:October 23, 2023 BACKGROUND: Since late July 2022, City Hall operated without proper ventilation. At the October 10, 2022, City Council meeting, S&K Consulting Services was hired to assess the condition of the City Hall Heating, Ventilation and Air Conditioning (HVAC) system and provide an engineering design for a functioning system. In late November 2022, S&K Consulting Services completed the engineering design and submitted plans for permitting with the Los Angeles County Building and Safety. Per the current Los Angeles County Building Code, S&K Consulting was able to determine that the scope of work is an HVAC replacement/repair project. S&K Consulting Services reported that the existing equipment included a pair of furnaces that were twinned (interlocked to supply the same duct) with two cooling coils connected to a single commercial outdoor package unit. The size of the furnaces was no longer manufactured, and twinning is no longer common practice with ultra-low NOx systems. Most of the ductwork was damaged beyond repair and sections were in shambles above the ceiling. City Hall was split into two zones in this context. Zone 1 was comprised of the individual offices, and the lobby. Zone 2 was comprised of the Council Chambers. The new design addresses the previous imbalance of airflow and improves temperature control by splitting Zone 1 into two zones where the lobby, reception area and hallway will be on a separate thermostat. S&K Consulting Services also specified new HVAC equipment with higher efficiencies and the lowest emissions. Several pieces of equipment needed to be placed outside of City Hall, at the previous recycling center. Alan Palermo Consulting, the City's Project Manager coordinated information exchange between S&K Consulting Services, and the City Hall ADA Improvement Project design team to ensure that the HVAC project makes provisions for the future condition 247 to be improved by the ADA project. Plans were submitted to Los Angeles County in November 2022 and approved in December. The plans were revised to include information/address existing hazardous materials. On January 31, 2023, the City officially released the City Hall HVAC Project # 2023-01 Bid and posted it on the City's website. On February 2nd and 9th, 2023, the City published the Request for Bid in a local newspaper as mandated by the State Public Contract Code. On February 16, 2023, the City hosted a mandatory job walk for interested bidders. Project Manager Alan Palermo and S&K Consulting representatives were on site to facilitate the walkthrough. On February 28, 2023, the City received three (3) sealed bids at the 2pm Bid Closing. Staff validated all bids received and determined that AC Pros was the lowest responsive and responsible bidder. On March 13, 2023, the City Council approved staff's recommendation to award the construction contract to AC Pros for $188,750 and allocate an additional $18,875 as a 10% contingency for a total of $207,625. DISCUSSION: Construction commenced on Wednesday, May 10, 2023 and the majority of work was completed by early June. Delays in materials elongated the project timeline in order to install grills, finalize air balancing and complete any punch list items. The project included lead and asbestos abatement at City Hall where there were disturbances by the project. On May 22, 2013, the City Council approved Contract Change Order(CCO) No. 1 to replace the insulation due to saturation of rodent feces and urine as well as CCO No. 2B which required the demolition and replacement of the 12 existing ceiling boxes and repair/painting of the drywall surrounding the boxes. On Monday, June 5, 2023, a third and final CCO No. 3 was submitted and approved by the City Council for an Electrical panel ground modification totaling $2,674.60. Per a previous item on this agenda, between August and September 2023, the City Council had expressed concerns over the level of noise within the Council Chambers. Solutions were presented in the form of CCO 4A and 4B. The City worked with both the engineering team and AC Pros to find alternate ways to minimize the air output. In the event that the City Council finds the current noise level acceptable, without the need to pursue CCO 4A or 4B, this project is considered complete and should be found as such. 248 FISCAL IMPACT: The replacement of the HVAC system was an unexpected expense and not budgeted in the FY 2022-2023 adopted budget. As such, the project was funded from a transfer of available General Fund reserves. The use of General Fund reserves for these purposes is consistent with City policy. Final cost: $238,319.20 includes 3 change orders. RECOMMENDATION: Approve as presented. ATTACHMENTS: CL_BID_230821_2023-01_ACPros_Invoice04_Retention_CP.pdf CL_BID_230821_2023-01_ACPros_NoticeOfCompletion_D.pdf 249 APPLICATION AND CERTIFICATE FOR PAYMENT TO (OWNER):City of Rolling HillsPROJECT NAME:APPLICATION NO.:42 Portuguese Bend Rd.PROJECT #:Rolling hills CA 90274ADRESSPERIOD TO:7/31/2023FROM:CONTRACT DATE:3/14/2023(VENDOR/GC/AC Pros Inc.CONTR.)18653 Ventura Blvd. #251Tarzana, CA 91356Description of Work:HVAC ReplacementCONTRACTOR'S APPLICATION FOR PAYMENTApplication is made for Payment, as shown below, in connection with the Contract.Continuation Sheet is attached.Change Orders ApprovedADDITIONSDEDUCTIONS1. ORIGINAL CONTRACT SUM188,570.00$ 2. NET CHANGE BY AMENDMENT-$ Previously by Owner - Total47,074.60$ -$ 3. NET CHANGE BY CHANGE ORDERS49,749.20$ Approved This Month2,674.60$ -$ 4. CONTRACT SUM TO DATE238,319.20$ 5. TOTAL COMPLETED & STORED TO DATE238,319.20$ Totals49,749.20$ -$ Net change by Change Orders49,749.20$ 6. RETAINAGE7. TOTAL EARNED LESS RETAINAGE238,319.20$ 8. LESS PREVIOUS CERTIFICATES FOR PAYMENT226,403.24$ 9. CURRENT PAYMENT SUBTOTAL11,915.96$ 10. Stop Notice Retainage-$ 11. Stop Notice payments by District, during this Pay Period-$ 12. Payment Due to Contractor11,915.96$ 13.Total Payments thru current Payment Application 238,319.20$ 8/16/2023CONTRACTOR SIGNATUREDATECONSTRUCTION MANAGER SIGNATUREDATEINSPECTOR SIGNATUREDATEOWNER SIGNATUREDATE92226Rolling Hills City Hall HVAC ReplacementThe undersigned Contractor certifies that to the best of the Contractor's knowledge, information and belief the Work covered by this Application for Payment has been completed in accordance with the Contract Documents, that all amounts have been paid by the Contractor for Work for which previous Certificates for Payment were issued and payments received from the Owner, and that current payments shown herein is now due.2 Portuguese Bend Rd., Rolling Hills, CA 90274Revised: 5/3/2016250 AC Pros Inc.PROJECT: Pay Period Ending:31-Jul-23Proj. No.:92226Pay Application No.:4Detailed Summary Schedule of ValuesACDEFGHIJKLITEMSCHEDULEDWORK COMPLETEDMATERIALS CURRENTCURRENTTOTAL%BALANCERETAINAGENo.VALUEFROM PREVIOUSTHISPRESENTLYMONTHMONTHCOMPLETED( I / C )TO FINISH0%APPLICATIONSPERIODSTOREDSUBTOTALSUBTOTALAND STORED( C - I )(NOT IN D OR E)LESS RETENTION RETENTIONTO DATE(D+E+F)19,000.00$ 9,000.00$ -$ -$ 0.000.009,000.00100%$0.00450.0026,000.00$ 6,000.00$ -$ -$ 0.000.006,000.00100%$0.00300.0034,000.00$ 4,000.00$ -$ -$ 0.000.004,000.00100%$0.00200.0046,000.00$ 6,000.00$ -$ -$ 0.000.006,000.00100%$0.00300.00516,000.00$ 16,000.00$ -$ -$ 0.000.0016,000.00100%$0.00800.00642,000.00$ 42,000.00$ -$ -$ 0.000.0042,000.00100%$0.002,100.00712,000.00$ 12,000.00$ -$ -$ 0.000.0012,000.00100%$0.00600.0089,000.00$ 9,000.00$ -$ -$ 0.000.009,000.00100%$0.00450.00928,000.00$ 28,000.00$ -$ -$ 0.000.0028,000.00100%$0.001,400.00104,570.00$ 4,570.00$ -$ -$ 0.000.004,570.00100%$0.00228.50113,000.00$ 3,000.00$ -$ -$ 0.000.003,000.00100%$0.00150.00122,000.00$ 2,000.00$ -$ -$ 0.000.002,000.00100%$0.00100.00133,000.00$ 3,000.00$ -$ -$ 0.000.003,000.00100%$0.00150.001416,000.00$ 16,000.00$ -$ -$ 0.000.0016,000.00100%$0.00800.00154,000.00$ 4,000.00$ -$ -$ 0.000.004,000.00100%$0.00200.00163,000.00$ 3,000.00$ -$ -$ 0.000.003,000.00100%$0.00150.001714,000.00$ 14,000.00$ -$ -$ 0.000.0014,000.00100%$0.00700.00185,000.00$ 5,000.00$ -$ -$ 0.000.005,000.00100%$0.00250.00192,000.00$ 2,000.00$ -$ -$ 0.000.002,000.00100%$0.00100.0020-$ -$ -$ -$ 0.000.000.00N/A$0.000.00188,570.00$ 0.00122,269.14$ 22,269.14$ -$ -$ 0.000.0022,269.14100%$0.001,113.462 (2B)24,805.46$ 24,805.46$ -$ -$ 0.000.0024,805.46100%$0.001,240.2732,674.60$ 2,674.60$ -$ -$ 0.000.002,674.60100%$0.00133.734-$ -$ -$ -$ 0.000.000.00N/A$0.000.005-$ -$ -$ -$ 0.000.000.00N/A$0.000.006-$ -$ -$ -$ 0.000.000.00N/A$0.000.0049,749.20$ $238,319.20$238,319.20$0.00$0.00$0.00$0.00$238,319.20100%$0.00$11,915.96Project Total Original Contract SUB Total Change Orders/Alt Remove and Replace Air BoxesElectrical Panel Ground ModificationRemove and Replace Attic InsulationCloseout doc.New eq. Duct Cleaning Gas / Drain linesDiffusersStartup EqControlElectricalRefrigeration LinesDuctworkInstallation of New Eq.Demo Eq. & DuctsAbatement /Rodent Concrete PadsRolling Hills City Hall HVAC Repair Air BalanceInsulationBDESCRIPTION OF WORKSubmittals, Bond & InsuranceMobilizationDemo Sitework251 Owner: City of Rolling Hills Bid/Project No.:92226 Location: Project:Rolling Hills City Hall HVAC Repair payable to and when the check has been properly endorsed and has been paid by the bank upon which it is drawn, located at furnished to through claimant. This release of any mechanic's lien, stop notice or bond right shall not otherwise affect the contract rights, Dated: Company Name: By: 2 Portuguese Bend Rd., Rolling Hills, CA 90274 2 Portuguese Bend Rd., Rolling Hills, CA 90274 undesigned has on the job of Rolling Hills City Hall HVAC Replacement CONDITIONAL WAIVER AND RELEASE UPON PROGRESS PAYMENT City of Rolling Hills Rolling Hills City Hall HVAC Repair Upon receipt by the undersigned of a check from City of Rolling Hills in the sum of AC Pros, Inc.11,915.96$ furnished before the release date for which payment has not been received; extras or items furnished after the only and does not cover any retentions retained before or after the release date; extras this document shall become effective to release any mechanic’s lien, stop notice, or bond right the to the following extent. This release covers a progress payment for labor, services, equipment or material 2 Portuguese Bend Rd., Rolling Hills, CA 90274 7/31/2023City of Rolling Hills Name and Title:Noam Ziv-President release date. Rights based upon work performed or items furnished under a written change order which has been fully executed by the parties prior to the release date are coverd by this release unless specifically reserved by the including rights between parties to the contract based upon a rescission, abandonment, or breach of the contract, or the right of the undersigned to recover compensation for furnished labor, services, equipment, or material covered by this release if that furnished labor, services, equipment, or material was not compensated by the progress payment. Before any recipient of this document relies on it, said party should verify evidence of payment to the undersigned. 8/16/2023 AC Pros, Inc. 252 (“President of,” “Manager of,” “A partner of,” “Owner of,” etc.) RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Name Street Address City & State SPACE ABOVE THIS LINE FOR RECORDER’S USE ONLY NOTICE OF COMPLETION Notice is hereby given that: 1.The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described: 2.The full name of the owner is 3.The full address of the owner is 4.The nature of the interest or estate of the owner is in fee. (If other than fee, strike “in Fee” and insert, for example, “purchaser under contract of purchase,” or “lessee”) 5.The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common are: NAMES ADDRESSES 6. A work of improvement on the property hereinafter described was completed on . The work done was: 7.The name of the contractor, if any, for such work of improvement was (If no contractor for work of improvement as a whole, insert “none”) (Date of Contract) 8.The property on which said work of improvement was completed is in the city of , County of , State of California, and is described as follows: 9.The street address of said property is (If no street address has been officially assigned, insert “none”) Dated: Signature of owner of corporate officer of owner named in paragraph 2 or his agent VERIFICATION I, the undersigned, say: I am the the declarant of the foregoing notice of completion; I have read said notice of completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed on , 20 , at , California. (Date of signature) (City where signed) (Personal signature of the individual who is swearing that the contents of the notice of completion are true) The City of Rolling Hills David Ready, Interim City Manager David Ready, Interim City Manager The City of Rolling Hills 253 Agenda Item No.: 13.G Mtg. Date: 10/23/2023 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO CITY MANAGER THRU:DAVID H. READY SUBJECT:CONSIDER REQUESTS FROM THE PENINSULA SENIORS AND THE WOMEN'S COMMUNITY CLUB OF ROLLING HILLS; DETERMINE FISCAL YEAR 23/24 CONTRIBUTION AMOUNTS FOR COMMUNITY ORGANIZATIONS DATE:October 23, 2023 BACKGROUND: The City of Rolling Hills does not have a traditional Community Services Department which facilitates programmatic efforts with local clubs and organizations. Historically the City Council has a designated South Bay Community Organizations line item in the budget with the intent of making contributions to local volunteer organizations that provide community benefits and services to the residents of Rolling Hills. These include the Peninsula Seniors, the Women's Community Club, the Caballeros Club, and the Tennis Courts Club. DISCUSSION: In previous years, the allocated annual budget for 01-65-901 South Bay Community Organization was $15,000 The approved Fiscal Year 23/24 Budget lowered this amount to $10,000. The City Council did not, at the time of Budget approval, provide direction on how this would affect any specific allocations to the local organizations. Staff has recently received funding requests from the Peninsula Seniors and the Women's Club of Rolling Hills. The Peninsula Seniors are requesting a $5000 grant for 2023. From 2019 through 2022, the City Council had contributed $2000 per year. The Women's Community Club, Caballeros and Tennis Club have traditionally received approximately a $5,000 contribution allotment each year. The Women's Community Club provides receipts in support of their various events and programs. Attached is their most recent reimbursement request for FY 23/24. 254 FISCAL IMPACT: The FY23/24 has $10,000 allocated in the following account 01-65-901 South Bay Community Organization. Thus far, the City Council has recently allocated $600 to the South Bay Chamber Music Society. The remaining budget balance is $9,400. RECOMMENDATION: Provide direction to staff. ATTACHMENTS: CL_AGN_231023_CC_PeninsulaSeniors_Request.pdf CL_AGN_231023_CC_WomensClub_Request_Receipts.pdf 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 Agenda Item No.: 13.H Mtg. Date: 10/23/2023 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO CITY MANAGER THRU:DAVID H. READY SUBJECT:CONSIDERATION OF THE CITY OF REDONDO BEACH MAYOR AND COUNCIL'S OCTOBER 3, 2023 LETTER REQUESTING SUPPORT FOR THE METRO C-LINE EXTENSION ELEVATED HAWTHORNE ALIGNMENT DATE:October 23, 2023 BACKGROUND: On Monday, October 9, 2023, the City of Redondo Beach sent a request for support of their position regarding the Metro C-Line Extension's potential Hawthorne elevated alignment option. DISCUSSION: The Redondo Beach Mayor and City Council request the following: 1. A letter in support of Redondo Beach and Lawndale’s support for the Hawthorne Elevated alternative 2. A vote in favor of the Hawthorne Elevated alternative at the South Bay Cities Council of Government’s Transportation Subcommittee, Steering Committee and Executive Board meetings FISCAL IMPACT: None. RECOMMENDATION: Receive and file. Provide direction to staff. ATTACHMENTS: CL_AGN_231023_CC_RB_Letter_Metro_C-Line_PreferredAlternative.pdf 300 301 City of Redondo Beach Metro C Line (Green) Extension to Torrance Project October 4, 2023 Page 2 ol 7 smart Metro planning along Havvthorne Blvd. The E-Line lvy Station has attracted the strongest employers, including Apple, Amazon and buildings designed by Gensler. Culver City credits its Metro station with attracting housing, a hotel and a grocery store. Those developments would be unattainable for the South Bay along any ROW alignment. Hawthorne Blvd. at Artesia Blvd. has not reached anything close to its full potential for economic and housing development that could be achieved with a C-Line station there. Likewise, according to NBC News, Metro's new Downtown lnglewood Station has brought a boon to travelers to black-owned businesses. lnglewood merchants were full of glee at their boosted success which they credited to the new train stop. The station brought sports and music fans, in addition to random world travelers from Europe and Asia. The success of the South Bay Social District and the C-Line Extension to Torrance are mutually dependent on collocating next to one another along Hawthorne Blvd. ln addition, routing the C-Line Extension along Hawthorne could open the door to eliminating the freight train running through Lawndale's green belt (aka the Metro ROW), securing more open space and a potential bike path, furthering our shared goal of a greener and more connected region. For these reasons, as detailed below, we ask for your moral support of your South Bay COG neighbors, the Cities of Redondo Beach and Lawndale by advocating to the Meho Board for the HaMhorne Elevated alignment of the C-Line Extension. The Hawth orn e Elevated Ootion is su erior to the ROW Ootions (At-o Grade and Trenched) in all reqards e xceDt bottom line cost. which should not drive monumental o ene rational investments. L Catterton, the real-estate arm of LVMH, is in the process of investing nearly half a billion dollars in a mixed retail, 300 inclusionary apartment units, office space, and a 1So-room hotel at the intersection that would serve as the new Redondo Beach stop for the Hawthorne Elevated Option. Between the mall and other uses, L Cafterton projects about 750 new, permanent jobs to come to the site. Only the Hawthorne Elevated Option would connect members of the MLK Jr. Community Hospital community at the Willowbrook - Rosa Parks Station to all of the economic, family, and medical centers along Hawthorne Blvd. and Artesia Boulevard, another major economic corridor in Redondo Beach. The Metro Board should seize this monumental, once-in-a-generation, opportunity to garner high dual direction riders by aligning the C-Line extension down the most utile routing. Just as Metro recently experienced major success, and increases in ridership with its Regional Connector Transit Project, which efficiently gets people to where they want 302 City of Redondo Beach Metro C Line (Green) Extension to Torrance Project October 4, 2023 Page 3 of 7 to be in a LA County on one seat, C-Line Extension Hawthorne Elevated Alternative would achieve the same objective. The Hawthorne Elevated Option would also deliver residents from Redondo Beach, Lawndale, Torrance, and Hawthorne conveniently to the Crenshaw/LAX Transit Project. lf, however, the C Line is extended into our residential neighborhood along the ROW, the C Line would not serve as a central hub to move people efficiently to LAX. We should not allow government to spend hundreds of millions of dollars improving LAX and installing a people mover, on the left hand, only to extend the C Line in a manner that fails to complement the LAX efforts or maximize ridership. ln addition, Metro would achieve its mission of a "holistic, equitable, and welcoming" transit community" by selecting the Hawthorne Elevated Alternative. An occupied transit train is much more comfortable for passengers in the evening or early morning than a deserted one with high vacancy. Ridership is also important for the efficient disposition of tax dollars. The Hawthorne Elevated Option is forecasted to have 35% higher ridership than any ROW options; it's easy to understand why. The ROW delivers Angelinos to a residential neighborhood through a residential neighborhood. The Hawthorne Elevated alternative would show riders that they are moving faster than the logjammed traffic on the adjacent 405, then take them down the Hawthorne Blvd. commercial corridor to the new South Bay Social District. The "Hybrid" option, which includes trenching under 170th St. and 182nd St., has a cost of $2.23 billion. The cost difference between the Hybrid and the Hawthorne Elevated is too narrow in a generational investment to justify selecting the lesser utile, lower ride Hybrid alternative. The City of Redondo Beach is united behind Haw,thorne Elevated Option since it addresses many of our residents' con@rns regarding noise, vibration, residenUchild safety, and other factors. The route also provides an expeditious, speedy route to the Torrance Transit Center, which would likely bolster its use at a time of general Metro ridership decline. The Hawthorne Elevated Option along Hawthorne Boulevard would also bring life to the C-Line, revitalize local businesses through higher visibility to a diverse ridership, and encourage continued development of a real destination for riders. ll. The Citv stands with our neiqhbors in Lawndale aqainst the inequitable ROW options. That the Metro ROW runs through neighborhoods rather than down commercial corridor is a relic of an inequitable history. We cannot stand idly by while an inequitable decision to continue to run a train twice a day down one of the few greenspaces in Lawndale is inequitably compounded by running two more trains every ten minules and eviscerating all of the open green space on Lawndale's portion of the ROW. 303 City of Redondo Beach Metro C Line (Green) Extension to Tonance Proiect We are also very concerned for our mixed-income senior residents at the Breakwater Village. Breakwater Village was built along the Metro ROW in the early 2000's. lt boasts 191 units covenanted for seniors. lt includes 20 affordable units, including Section 8 housing. The same is true for the mixed-income residents of the Ruxton Place and Ruxton Ridge, that are home to 27 and 28 units, respectively. ln June 2020, Shell's drilling on the Metro ROW created a sinkhole in close proximity to these sites, and even caused a sinkhole on the Ruxton property. For over a year that sinkhole was fenced off; where residents of the affordable units there did not have regular access to their front doors because the conditions. The land subsidence that occurred at Ruxton Place is merely symptomatic of the potential, serious hazards that could arise from heavy machinery and construction on the ROW so close to pre- existing, heavily concentrated and weighty residential developments. To date, Metro has not articulated confidence that the geology on the ROW would support the C Line to be extended with no damaging effect on the heavy residential developments adjacent to the ROW. The DEIR has concluded that the ROW options will have significant unavoidable noise impacts for the ongoing operations at those alignments. Construction of either ROW Option will have significant unavoidable impacts on residents related to both noise and vibration. The multi-year timeline needed to build the light rail within feet of where many of these neighboring residents sleep nightly exacerbates the impacts of construction, leaving alone operation. The negative impact that this will have on so many lives in our City, including our seniors'and individuals utilizing affordable housing programs, simply cannot be understated. Fortunately, there is a much better alternative. Residents of Torrance, Redondo and Lawndale could be insulated from unavoidable noise, vibration and land subsidence impacts when the C-Line is routed along the 405 Freeway and in the median of the super wide Hawthorne Blvd., per the HaMhorne Elevated alignment. Metro staff has calculated that any ROW option would run trains 20 hours a day within 350 feet of 1 ,652 families, including 191 seniors at Breakwater Village, and 100 seniors at Harmony Court. By contrast, The Hawthorne Elevated route would affect less than half that number, and from a far greater distance. With the concerns to the impacts to the quality of life and safety/security of more than 1000 residential households alon g the ROW Options, the City imp lores that Metro not to move forward with anv of the ROW O oti on s. lll. There a re numerous other concerns raised bv our residence The following are conoerns from Redondo Beach Residents regarding the ROW option. October 4, 2023 Page 4 of 7 304 City of Redondo Beach Metro C Line (Green) Extension to Torrance Project Destruction to property (from Lawndale to the Southern ROW in Redondo Beach): a. Residents at Condon Ave., east of ROW, are 25' below the current BNSF tracks with less than 30' of separation distancc. They are vulnerable to catastrophic accidents and have already experienced a mud slide/oil spill event. Metro's trains would run at high speeds directly adjacent to those properties and tower over their backyards atop a massive wall. b. Residents on Ruxton Lane, west of the ROW share close proximity with the BNSF line and will be even closer when the freight line is moved further west. Properties have shown physical damage to both indoor and outdoor walls, indicating existing structural damage due to train travel already exists. The three complexes, Breakwater Village, Ruxton Place, and Ruxton Ridge, represent both young families and elderly, the most vulnerable Redondo Beach residents. Their displacement would be devastating to our community. c. The Pacific Crest Cemetery backs the ROW on its west side between Grant and 182nd. Trains running every ten minutes would be destructive to the cemetery business. Train stations use loud speakers to announce arrivals and departures, including a well-recognized bell ring. These noises would disrupt burial services and deter those wanting peaceful time with their departed loved ones. A large marble mausoleum sits at the Pacific Crest's east fence, bordering the ROW. Pacific Crest has expressed grave concern of damage from construction and operation vibrations to its mausoleum. d. Residents south of 'l82nd will be bombarded with train crossings, station noise, and a daily pounding of a freight train roughly 20' from property lines. Keep in mind that light rail cars would pass about 250+ times per day, 4am to midnight, 365 days a year. But, 182nd serves as a corridor for ambulance service in North Redondo. The DEIR proposed wide trenching as the mitigation to avoid light rail crossings on 182nd, and impediments to emergency vehicles. But the proc€ss of constructing the mitigation, itself, as the "Hybrid" ROW Option would result in blockage and other constructive interference on 182nd. This is a large-scale project at an important intersection that would suffer greatly during the multi-year construction process. e. All Redondo Beach residents further south are subject to an extreme grade separation between the freight line and their property. Single family homes sit 25-30' below the berm and the train already looks ominous. Moving the tracks twelve feet closer to their propefi with no retaining wall will kill property value and quality of life, which would be devastating to these homeowners. October 4, 2023 Page 5 of 7 305 City of Redondo Beach Metro C Line (Green) Extension to Torrance Project October 4, 2023 Page 6 of 7 Construction hardships a. All ROW residents will have to suffer a long drawn out construction phase as they will need to re-route the train line and many of the high-pressure gas lines, regrade all of the ROW (101 dump trucks a day for the first six months), build 4 new bridges (Artesia Blvd., Grant Ave., and HaMhorne Blvd., and 190th St.), and retool the entire electrical infrastructure on the ROW. This phased of construction is expected to last 3-4 years before a light rail track is even graded. The relocation phase will be followed by another 6 years of actual construction of the rail and station structures. b. There are great risks associated with heavy construction and relocation of high-pressure pipelines in soil historically known for movement and sink holes. Those conditions combined with a train that carries liquid petroleum that needs to stay in service as much as possible make for a dangerous, scary combination that cause our residents and Lawndale's significant anxiety. The recent spate of derailments and even a case of the head-on collision of two BNSF trains makes this option particularly terrifying. There should be no dismissing the potential for a catastrophic incident that will continually cause great stress and anxiety for these residents even after the completion of construction, during normal operations. c. The 182nd area both North (Pacific Crest Cemetery) and South (El Nido Park) have been known burial sites for the past 200+ years. The area was used by Native Americans and early foreign settlers alike. Grading and trenching could easily uncover historically sensitive human remains which could extend project timelines considerably. d. Lawndale residents recently uncovered the gravestone of a Jewish World War llveteran buried along the ROW in Lawndale. His corpse cannot be disturbed under Jewish law. lt is unclear how many more tombs are buried along the ROW, and it's unclear how many more are buried there. The DEIR did not adequately address this risk or potential adverse impact. Please join Lawndale and Redondo Beach's enthusiasm and excitement for the Hawthorne Elevated alternative of the C-Line Extension. We would be excited to ride this train to events at SoFi Stadium and other sports and entertainment venues in lnglewood, LAX, and Downtown L.A. The Hawthorne Elevated routing is the most pragmatic option that enables Metro to fulfill its Vision 2028 statement by "transforming LA County through regional collaboration" and "enhance[ing] communities and lives through mobility and access to opportunity". These comments have been reviewed and approved by the Redondo Beach City Council and Mayor by a 4-0 vote. lf you have any questions regarding this letter, please contact Mayor Bill Brand at 310-809-4405 or Bill.Brand@redondo.org. 306 City of Redondo Beach Metro C Line (Green) Extension to Torrance Project October 4, 2023 Page 7 of 7 Thank you for your consideration of our comments. William Brand Mayor Joined Nils Nehrenheim Council Member, District 1 aig Kaluderovic C Todd Loewenstein Council Member, District 2 tn r Council Member, Dishict 3 CC: L.A. County Metro Board Mike Witzansky, City Manager Luke Smude, Assistant to the City Manager Ted Semaan, Public Works Director L.A. County Supervisor Holly J. Mitchell L.A. County Supervisor Janice Hahn lnglewood Mayor James Butts L.A. City Council President Paul Krekorian uncil Mem , District 4 307 Agenda Item No.: 14.A Mtg. Date: 10/23/2023 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO CITY MANAGER THRU:DAVID H. READY SUBJECT:VERBAL REPORT FROM THE SOLID WASTE AND RECYCLING COMMITTEE ON THE OCTOBER 3, 2023 MEETING DATE:October 23, 2023 BACKGROUND: None. DISCUSSION: None. FISCAL IMPACT: None. RECOMMENDATION: Receive and file. ATTACHMENTS: 308 Agenda Item No.: 14.B Mtg. Date: 10/23/2023 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO CITY MANAGER THRU:DAVID H. READY SUBJECT:RECONSIDERATION OF THE RECENT DECISION TO HOLD A DECEMBER 13, 2023 CITY COUNCIL MEETING (COUNCILMEMBER DIERINGER/MAYOR WILSON) DATE:October 23, 2023 BACKGROUND: At the September 25, 2023, City Council Meeting, the Council by unanimous vote, with Councilmember Pieper absent, cancelled the November 27, 2023 meeting and scheduled a City Council meeting for Wednesday, December 13, 2023 to hold the annual Mayoral rotation and conduct any necessary business. The original staff recommendation was for Tuesday, December 12, 2023. The Council also scheduled a tentative meeting for Wednesday, December 27, 2023 if needed. DISCUSSION: Councilmember Dieringer called staff on Tuesday, October 17, 2023, to communicate that she had a scheduling conflict with regional holiday events and requested that this item be agendized. Since the meeting was just voted on by the Council, staff recommended that it be brought up to the body during Matters from the City Council to formally request an agenda item for re-consideration at the November 13, 2023 meeting. Staff also recommended that the Mayor be consulted. Mayor Wilson subsequently asked for this item to be agendized on the October 23, 2023 meeting. It should be noted that as of the agenda publication, Supervisor Hahn has RSVP'd to attend on December 13th as has Mayor Pro Tem Cruikshank of Rancho Palos Verdes, along with representatives from Congressmember Lieu and Assemblymember Muratsuchi's office. Staff is still awaiting confirmation from Senator Allen's office and the other two Peninsula cities. FISCAL IMPACT: None RECOMMENDATION: 309 Provide direction to staff. ATTACHMENTS: 310 Agenda Item No.: 15.A Mtg. Date: 10/23/2023 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:JOHN SIGNO, DIRECTOR OF PLANNING & COMMUNITY SERVICES THRU:DAVID H. READY SUBJECT:RECEIVE AND FILE FIRE FUEL ABATEMENT AND CODE ENFORCEMENT QUARTERLY REPORT FOR THE THIRD QUARTER OF 2023 (JULY 1 THROUGH SEPTEMBER 30) DATE:October 23, 2023 BACKGROUND: The Code Enforcement Division provides quarterly updates on fuel abatement cases which consist of active and closed cases. The attachments show active and closed cases consisting of dead vegetation and other code violations for the third quarter of 2023. Also included is a list of cumulative open cases. DISCUSSION: During the third quarter of 2023, there were a total of 10 cases closed, including 2 dealing with vegetation or dead trees; 10 cases were opened, including 6 involving vegetation or dead trees. Currently, code enforcement is working on 10 open cases, of which 5 deal with vegetation or dead trees. The City received 4 animal complaints between June 6 and October 5, 2023. The time dedicated to contacting the complainant, dog owner, and LA County Animal Control along with preparing letters and following up is time consuming. There are also ongoing violations that require additional attention, some of which have been referred to the City Attorney's office. 4LEAF, Inc. has been providing code enforcement services for the City since January 31, 2023. The Code Enforcement Division is continuing to use iWorQ to generate quarterly updates and track code enforcement and fire fuel abatement cases. Those reports are attached. Fire Fuel Abatement on Vacant Properties LA County Department of Agricultural Commissioner/Weights and Measures routinely inspects vacant properties for fire fuel abatement. The Department was able to inspect vacant properties earlier this year and contacted owners in need of clearance. Most properties were cleared in June with some requiring follow up. Owners are responsible for clearing areas within 200 feet of structures and 10 feet from a roadway. Recently, there has been some 311 regrowth so reinspection and follow-up will be done in the coming weeks. There is one particular property at the end of Ranchero Road that was recently sold. The Department has been in contact with the new owner who is in the process of clearing weeds and reducing brush. FISCAL IMPACT: Code enforcement services is provided contractually and payment is made from the General Fund. RECOMMENDATION: Receive and file. ATTACHMENTS: CE_QRP_2023_Q3_Closed_Cases.pdf CE_QRP_2023_Q3_Opened_Cases.pdf CE_QRP_2023_Q3_Cumulative_Open_Cases.pdf 312 Page: 1 of 1 Case Report – CLOSED CASES Q3 2023 07/01/2023 - 09/30/2023 Case Date Address of Violation Description Main Status Case Closed 9/26/2023 1 Packsaddle Rd. East Excessive pool water flowing down street Closed 9/26/2023 8/25/2023 1 Quail Ridge Rd. South C&D permit needed Closed 9/12/2023 7/27/2023 10 Bowie Rd. Unsightly construction conditions Closed 9/5/2023 5/30/2023 6 Middleridge Ln. North Holiday lights on tree and fence Closed 9/5/2023 6/20/2023 74 Saddleback Rd. Dead tree Closed 8/24/2023 12/13/2022 21 Portuguese Bend Rd. Broken fence Closed 8/3/2023 6/6/2023 1 Johns Canyon Rd. Aggressive animal (dog) Closed 7/20/2023 5/25/2023 23 Middleridge Ln. North Christmas lights have been placed on a fence Closed 7/18/2023 5/25/2023 3 Middleridge Ln. North Lights have been placed on the newly constructed fence Closed 7/18/2023 7/11/2023 15 Flying Mane Rd. Overgrown, dry dead vegetation Closed 7/13/2023 Total Records: 10 10/18/2023 313 Page: 1 of 1 Case Report – OPENED CASES Q3 2023 07/01/2023 - 09/30/2023 Case Date Address of Violation Description Main Status 9/26/2023 1 Packsaddle Rd. East Excessive pool water flowing down street Closed 9/26/2023 46 Eastfield Dr. Dead palm fronds Closed 9/26/2023 63 Crest Rd. East Dead palm fronds Closed 9/21/2023 13 Portuguese Bend Rd. Dead tree alongside Blackwater Trail Open 8/25/2023 1 Quail Ridge Rd. South C&D permit needed Closed 8/11/2023 8 Hackamore Rd. Dog barking late at night Closed 8/3/2023 2 Chuckwagon Rd. Dead tree along street Open 7/27/2023 10 Bowie Rd. Unsightly construction conditions Closed 7/13/2023 79 Eastfield Dr. Overgrown vegetation Open 7/11/2023 15 Flying Mane Rd. Overgrown, dry dead vegetation Closed Total Records: 10 10/18/2023 314 Page: 1 of 1 Case Report – ALL OPEN CASES Q3 2023 Case Date Address of Violation Description Main Status 10/5/2023 5 Outrider Rd. Dog on the loose Open 9/21/2023 13 Portuguese Bend Rd. Dead tree alongside the Blackwater Trail Open 8/3/2023 2 Chuckwagon Rd. Dead tree near street Open 7/13/2023 79 Eastfield Dr. Overgrown vegetation Open 6/22/2023 4 Possum Ridge Rd. Unpermitted work/grading Open 6/13/2023 20 Portuguese Bend Rd. Aggressive animal (dog) Open 9/22/2022 29 Middleridge Ln. South Extensive grading and import of soil; dead shrubs/trees/vegetation Open 6/9/2022 4 Spur Ln. Dead/dry vegetation Open 7/6/2021 1 Chestnut Ln. Unpermitted structure (gazebo) Open 11/1/2019 2950 Palos Verdes Dr. North Red-tagged residence Open Total Records: 10 10/18/2023 315 Agenda Item No.: 15.B Mtg. Date: 10/23/2023 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO CITY MANAGER THRU:DAVID H. READY SUBJECT:REVIEW AND APPROVE THE 2023 HOLIDAY OPEN HOUSE FINAL GUEST LIST; PROVIDE DIRECTION ON PURCHASE OF AN ARTIFICIAL CHRISTMAS TREE DATE:October 23, 2023 BACKGROUND: The 2023 Holiday Open House will be held on Monday, December 11th at City Hall from 4:00pm to 9:00pm. The guest list to the annual holiday open house was updated with feedback from some Councilmembers in previous years and is included with this report for review and approval. DISCUSSION: Earlier this year, the council discussed some of the expenses for the party, specific to the Christmas Tree which has historically been purchased from Armstrong Nursery and then sprayed to be fire retardant. An option of considering a reusable artificial tree was brought up. Staff would like direction from the Council on this decision. By example, Costco currently has a 9-foot pre-lit tree for $679.99 that is less than the price of last year's live tree and could be used for years to come. FISCAL IMPACT: The cost of the event in the past five years range between $6,100 and $6,600. The adopted FY 2023-2024 budget allocated $10,000 for the event. RECOMMENDATION: Approve list as presented; provide direction to staff. ATTACHMENTS: CL_AGN_231009_CC_HolidayOpenHouse_ProposedInviteList.pdf 316 2023 OPEN HOUSE PROPOSED LIST Name Company 1 Honorable Al Muratsuchi Assemblymember, 66th District Melissa Ramoso, District Director 66th District Erick Ponce-Furlos, Field Representative 66th District 2 Honorable Ben Allen State Senator, 26th District Sam Lieu, District Director 26th District Olina Wibroe, District Representative 26th District 3 Honorable Ted Lieu United States Congress, 33rd District Karen Calderon, Field Representative 4 Honorable Janice Hahn, Supervisor Fourth District, County of Los Angeles 5 Mr. Mark Baucum, Chief of Staff Fourth District, County of Los Angeles 6 Ms. Jennifer LaMarque, Harbor Area Director Fourth District, County of Los Angeles 7 Ms. Alysia Hererra, Staff Assistant Fourth District, County of Los Angeles 9 Mr. Jeffrey Kiernan Regional Public Affairs Manager League of California Cities 10 Ms. Jennifer Quan, Executive Director Regional Public Affairs Manager League of California Cities 11 Ms. Kristine Guerrero, Legislative Director Regional Public Affairs Manager League of California Cities 12 Mr. Bob Kautz, President and Members of the Board of Directors P.V.P. Land Conservancy Cristian Sarabia, Conservation Director P.V.P. Land Conservancy 13 Ms. Adrienne Mohan, Executive Director and Susan Wilcox, Development Director P.V.P. Land Conservancy 14 Rosa Kwon Easton, President and Members of the Board Palos Verdes Library District 20 Ms. Jennifer Addington, Director Palos Verdes Library District 317 2023 OPEN HOUSE PROPOSED LIST 15 Ami Gandhi, President and Members of the Board PVPUSD Board of Education 19 Devin Serrano, Ph.D Superintendent of Schools PVPUSD Malaga Cove Administrative Center 21 Mr. Brett Egan, Principal Rancho del Mar High School 22 Mr. Robert C. Ferrante, General Manager and staff County Sanitation District of L A County 23 Mrs. Jacki Bacharach, Executive Director and staff South Bay Cities Council of Governments 24 Sheriff Robert Luna L. A. County Sheriff's Headquarters 25 Captain James Powers and all LASD Lomita Personnel L. A. County Sheriff's Department 30 Dr. Julian Gold President California Contract Cities Association 31 Mr. Marcel Rodarte Executive Director California Contract Cities Association 32 Ms. Eileen Hupp, President/CEO and staff Palos Verdes Peninsula Chamber of Commerce 33 Mr. Anthony Marrone, Fire Chief Los Angeles County Fire Department 34 Mr. Brian Bennett, Assistant Fire Chief and staff, Division I Office - F. S. 158 Division 1, County of Los Angeles Fire Department 35 Mr. Trevor Moore, Assistant Fire Chief, LaCoFire/Forestry Division 36 Mr. Brad Weisshaupt, Deputy Forester Pre Fire Engineer, LaCoFire/Forestry 37 Mr. Haddee Hammoud LaCoFire/Forestry 38 Battalion Chief John Butorovich Fire Station 56 39 Barbara Ferraro Members of the City Council and Councilmembers Elect City of Rancho Palos Verdes 318 2023 OPEN HOUSE PROPOSED LIST 40 Mr. Ara Mihranian, City Manager and staff City of Rancho Palos Verdes 41 Mayor Britt Huff and Members of the City Council City of Rolling Hills Estates 42 Mr. Greg Grammer City Manager and staff City of Rolling Hills Estates 43 Mayor Jim Roos and Members of the City Council City of Palos Verdes Estates 44 Elaine Jeng, City Manager and staff City of Palos Verdes Estates 45 Mr. Mike Dorta, District Engineer and staff L. A. County Depart. of Public Works Building and Safety Division 46 Mr. Patrick Donegan, City Attorney and staff BB&K LLP Mr. Ryan Stager, Assistant City Attorney BB&K LLP 49 Mr. William Pagett, Sr. Vice President and staff Willdan Engineering 50 Ms. Vanessa Munoz, PE, TE, PTOE, President/CEO, Traffic Engineer Willdan Engineering 51 Mr. Aaron Arugay, Executive Director and staff L. A. County West Vector Control District 52 Ms. Marcia Mayeda, Director and staff L. A. County Animal Care & Control Administrative Headquarters 53 Mr. Fernando Barrera Specialist Wildlife Specialist & Consultant 54 Mr. Devin Kincaid, General Manager and staff Republic Services Inc. 55 Mr. Miguel Ruiz, Operations Manager Republic Services Inc. Addrian Orssten, Operations Supervisor Republic Services Inc. 56 Ms. Dawn Harris, Municipal Services Manager Republic Services Inc. Ms. Angie Gilbride, Regional Community Affairs Specialist California Water Service Company Mr. Robert Thompson, Operations Manager California Water Service Company 57 Mr. Agustin Baeza Operations Manager and staff California Water Service Company 319 2023 OPEN HOUSE PROPOSED LIST 58 Ms. Kristen Raig RHCA Manager and staff 59 RHCA Board members 60 Ms. Susan Sifuentes-Trigueros District Manager and staff Southern California Gas Company 61 Ms. Connie Turner, Regional Manager and staff Southern California Edison Victor Munoz, Government Relations Manager Southern California Edison 62 Mr. Alexander Smith Executive Director and Staff California Joint Powers Insurance Authority 63 Melaina Francis Regional Risk Manager California Joint Powers Insurance Authority 64 Abraham Han Management Analyst California Joint Powers Insurance Authority Mr. Ray Cruz Former R.H.City Manager 65 Mr. Anton Dahlerbruch Former R.H. City Manager 66 Diane Gladwell, MMC 67 Yolanta Schwartz Former R.H. Planning Director 68 Meredith Elguira Former R.H. Planning Director 320 Agenda Item No.: 15.C Mtg. Date: 10/23/2023 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:JOHN SIGNO, DIRECTOR OF PLANNING & COMMUNITY SERVICES THRU:DAVID H. READY SUBJECT:RECEIVE AND FILE A REPORT ON THE PLANNING COMMISSION AND TRAFFIC COMMISSION TERMS EXPIRING ON JANUARY 1, 2024. DATE:October 23, 2023 BACKGROUND: Below is a list of Commissioner whose terms will expire. The list also identifies the date of their original appointment and term expiration. Planning Commission Sean Cardenas June 8, 2015 to January 1, 2024 Brad Chelf (Chair) April 26, 2010 to January 1, 2024 Traffic Commission Dr. Val Margeta September 23, 1996 to January 1, 2024 V'Etta Virtue April 13, 1983 to January 1, 2024 DISCUSSION: The Commissions appointment process for filling the expiring terms calls for the incumbents and public to be informed of the Commission openings prior to the expiration of the Commissioners' terms. As noted in the appointment schedule, staff proposes to send letters to each incumbent advising them of the process to be considered for re-appointment, as well as post the notice at City Hall and advertise the openings in the City Blue Newsletter during the remainder of October and early November, 2023. It also provides almost four weeks of public notification. Once letters of interest for serving on the Commission are received, staff will schedule interviews for the City Council Personnel Committee with the candidates. Attachment 1 is the schedule for the recruitment and appointment process. Attachment 2 is a sample of the official notification, per the Maddy Act, to be posted at City Hall on October 23, 2023. FISCAL IMPACT: None. 321 RECOMMENDATION: Receive and file the proposed schedule for appointments of Planning Commissioners and Traffic Commissioners. ATTACHMENTS: CL_AGN_231023_CC_TentativeCommissionerAppointment_Timeline.pdf CL_AGN_231023_CC_PC-Appt_Posting.pdf CL_AGN_231023_CC_TC-Appt_Posting.pdf 322 Attachment 1 Tentative Planning & Traffic Commission Appointment Schedule Oct. 23, 2023 City Council Reviews Appointment Timeline and directs changes as necessary Oct. 23, 2023 Local Appointment List Posted at City Hall Oct. 24, 2023 Letters mailed to incumbents advising of Commission reappointment process Oct. 25, 2023 (Special) Nov. 1, 2023 Notice of Planning Commission Member recruitment in City Blue Newsletter and City Website Nov. 21, 2023 at 12pm Due date for Letters of Interest in serving on the Planning Commission Week of Nov. 27, 2023 City Council Personnel Committee interviews Commission candidates (Councilmember Pieper and Mayor Dieringer) Dec. 13, 2023 City Council appoints Commission Members for terms beginning in January 2024 Week of Jan. 2, 2024 Staff conducts orientation for any new Commission members 323 City of Rolling Hills INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 PLEASE POST City of Rolling Hills Local Appointments List of Positions on City Commissions for Calendar Year 2023 This list is prepared pursuant to Government Code § 54972 to inform residents of the City of Rolling Hills regarding opportunities that exist for appointment to City Planning Commission in calendar year 2024. A. Appointive Terms. The following is a list of all positions on the City’s Planning Commission for which the terms of office expire on January 1, 2024 and for which the City Council will be appointing or reappointing persons to fill those positions: PLANNING COMMISSION (4-year term) Position/Name of Incumbent Last Appt. Date Term Exp. Sean Cardenas 6/8/2015 1/1/2024 Brad Chelf 4/26/2010 1/1/2024 The necessary qualification to be a member of the Planning Commission is to be a resident of the City of Rolling Hills at least 18 years of age (Rolling Hills Municipal Code § 2.20.025). B. List of Board, Commissions and Committees. The Planning Commission is one of two permanent Commissions or Committees of the City of Rolling Hills. All members of these bodies are appointed by the City Council and all serve at the pleasure of the City Council. The qualifications for the Planning Commission are listed in part A of the List. Prepared this 23rd day of October 20 23. By: Christian Horvath City Clerk 324 City of Rolling Hills INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 PLEASE POST City of Rolling Hills Local Appointments List of Positions on City Commissions for Calendar Year 2023 This list is prepared pursuant to Government Code § 54972 to inform residents of the City of Rolling Hills regarding opportunities that exist for appointment to City Traffic Commission in calendar year 2024. A. Appointive Terms. The following is a list of all positions on the City’s Traffic Commission for which the terms of office expire on January 1, 2024 and for which the City Council will be appointing or reappointing persons to fill those positions: TRAFFIC COMMISSION (4-year term) Position/Name of Incumbent Last Appt. Date Term Exp. Dr. Val Margeta 9/23/1996 1/1/2024 V’Etta Virtue 4/13/1983 1/1/2024 The necessary qualification to be a member of the Traffic Commission is to be a resident of the City of Rolling Hills at least 18 years of age (Rolling Hills Municipal Code § 2.20.025). B. List of Board, Commissions and Committees. The Traffic Commission is one of two permanent Commissions or Committees of the City of Rolling Hills. All members of these bodies are appointed by the City Council and all serve at the pleasure of the City Council. The qualifications for the Traffic Commission are listed in part A of the List. Prepared this 23rd day of October 20 23. By: Christian Horvath City Clerk 325 Agenda Item No.: 16.A Mtg. Date: 10/23/2023 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO CITY MANAGER THRU:DAVID H. READY SUBJECT:CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION PURSUANT TO CALIFORNIA GOVERNMENT CODE, SECTION 54956.9 (D)(4). ONE POTENTIAL CASE - 79 EASTFIELD DRIVE, APN 7567-005-028 DATE:October 23, 2023 BACKGROUND: None. DISCUSSION: None. FISCAL IMPACT: None. RECOMMENDATION: None. ATTACHMENTS: 326 Agenda Item No.: 16.B Mtg. Date: 10/23/2023 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO CITY MANAGER THRU:DAVID H. READY SUBJECT:CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION EXPOSURE TO LITIGATION PURSUANT TO GOV. CODE 54956.9(D)(2) POTENTIAL CASES: ONE FACTS AND CIRCUMSTANCES: FACTS AND CIRCUMSTANCES THAT MIGHT RESULT IN LITIGATION AGAINST THE CITY (GOV. CODE 54956.9(E)(1)) DATE:October 23, 2023 BACKGROUND: None. DISCUSSION: None. FISCAL IMPACT: None. RECOMMENDATION: None. ATTACHMENTS: 327