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CL_AGN_231214_CC_AgendaPacket1.CALL TO ORDER 2.ROLL CALL 3.PLEDGE OF ALLEGIANCE 4.PRESENTATIONS / PROCLAMATIONS / CITY COUNCIL REORGANIZATION 4.A.CITY COUNCIL REORGANIZATION RECOMMENDATION: A. PRESENTATION OF NEW MAYOR AND MAYOR PRO-TEM B. PRESENTATION TO MAYOR WILSON IN RECOGNITION OF HIS SERVICE DURING HIS 2023 TERM AS MAYOR C. COMMENTS FROM OUTGOING MAYOR 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 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 AGENDA Adjourned City Council Meeting CITY COUNCIL Thursday, December 14, 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. 1535 Next Ordinance No. 385 1 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 ADJOURNED REGULAR MEETING OF DECEMBER 14, 2023 RECOMMENDATION: Approve. 8.B.APPROVE MOTION TO READ BY TITLE ONLY AND WAIVE FURTHER READING OF ALL ORDINANCES AND RESOLUTIONS LISTED ON THE AGENDA RECOMMENDATION: Approve. 8.C.APPROVE THE FOLLOWING CITY COUNCIL MINUTES: NOVEMBER 13, 2023 REGULAR MEETING RECOMMENDATION: Approve as presented. 8.D.PAYMENT OF BILLS RECOMMENDATION: Approve as presented. 8.E.REPUBLIC SERVICES RECYCLING TONNAGE AND COMPLAINT REPORTS FOR OCTOBER 2023 RECOMMENDATION: Receive and file. 8.F.ADOPT RESOLUTION NO. 1353 AUTHORIZING SUBMITTAL OF A GRANT APPLICATION TO CALRECYCLE RECOMMENDATION: Adopt Resolution No. 1353. 8.G.ADOPT RESOLUTION NO. 1354 EXTENDING THE CITY'S DEADLINE FOR POST-ENTITLEMENT PHASE ONLINE PERMITTING SYSTEM TO JANUARY 1, 2026 RECOMMENDATION: Approve as presented. 8.H.APPROVE THE DEVELOPMENT PLANS FOR AN EMERGENCY OUTDOOR SIREN SYSTEM AT THREE LOCATIONS, DIRECT STAFF TO PROCEED WITH CL_AGN_231214_CC_AffidavitofPosting.pdf CL_MIN_231113_CC_F.pdf CL_AGN_231128_CC_PaymentOfBills.pdf CL_AGN_231214_CC_PaymentOfBills_E.pdf VC_REP_231214_Oct_YTD_TonnageReport.pdf VC_REP_231214_Oct_C&D Report.pdf VC_REP_231214_Oct_ComplaintLog.pdf VC_REP_231206_Complaints List 2023_Redacted.pdf ResolutionNo1353_CalRecycle_Grant_Applications_F.pdf GR_CRC_SB1383Grant2023_Rolling Hills_Application_Certification.pdf GR_CRC_SB1383Grant2023_Rolling Hills_SB1383Budget.pdf GR_CRC_SB1383Grant2023_OWR4_AppGuidelines_F.pdf GR_CRC_SB1383Grant2023_ExhA_SB1383LocalAssistanceTermsandConditionsFY22- 23.pdf ResolutionNo1354_AB2234_Extension_F.pdf 2 THE PERMITTING AND INSTALLATION OF THE SIREN SYSTEM, AND MAKE A FINDING THAT THE PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT RECOMMENDATION: Approve as presented. 8.I.APPROVE RE-APPOINTMENTS TO THE PLANNING & TRAFFIC COMMISSIONS FOR THE TERM BEGINNING JANUARY 2, 2024 AND EXPIRING JANUARY 1, 2028 R E C O M M E N D A T I O N : Approve the re-appointment of Planning Commissioners Chelf and Cardenas and Traffic Commissioners Margeta and Virtue. 9.EXCLUDED CONSENT CALENDAR ITEMS 10.COMMISSION ITEMS 10.A.ZONING CASE NO. 23-105: VARIANCE REQUEST FOR CONSTRUCTION OF A PORTION OF A RESIDENTIAL ADDITION TO ENCROACH INTO THE FRONT YARD SETBACK FOR A PROPERTY LOCATED AT 7 PINE TREE LANE (LOT 86-RH) (MIRTORABI), AND FINDING THE ACTION EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT RECOMMENDATION: Receive and file. 11.PUBLIC HEARINGS 11.A.PUBLIC HEARING FOR INTRODUCTION AND FIRST READING OF ORDINANCE NO. 384 OF THE CITY OF ROLLING HILLS, CALIFORNIA, AMENDING VARIOUS SECTIONS OF THE ROLLING HILLS MUNICIPAL CODE RELATING TO WIRELESS FACILITIES, AND FINDING THE ACTION EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT R EC O M M EN D AT I O N: Open the public hearing, receive public testimony, close the public hearing, and make the following actions: 1. Find that proposed Ordinance is exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines Section 15302 (replacement or reconstruction), State CEQA Guidelines Section 15303 (new construction or conversion of small structures), State CEQA Guidelines Section 15304 (minor alterations to land), or, in the alternative, Sections 15378 and 15061(b)(3); and 2. Introduce for first reading by title only Ordinance No. 384 regarding Wireless Communication Facilities. PW_OutdoorSirenSystem_Plans_231206.pdf CL_AGN_230706_HQE_SirenInstallation_F_A2_E.pdf PW_OutdoorSirenSystem_Photos_231205.pdf ATTACHMENT 1_PL_ADR_231116_1: Vicinity Map ATTACHMENT2_PL_ADR_231116: Development Table ATTACHMENT3_PL_ADR_231116: Photos ATTACHMENT4_2023-14_PC_Resolution_7PineTreeLane_ZC23-105_Miratobi_F_E.pdf ATTACHMENT5:_PL_ADR_231116 Development Plans 3 12.OLD BUSINESS 12.A.RECEIVE AND FILE AN UPDATE FROM SITELOGIQ REGARDING THE BATTERY ENERGY STORAGE AND SOLAR PHOTOVOLTAIC PROJECT FOR THE CITY HALL CAMPUS BACK-UP POWER / RESILIENCY AND TIMELINE TOWARDS A PUBLIC HEARING R E C O M M E N D AT I O N : Receive and file, provide direction to staff and SiteLogIQ to bring the project presentation to the Planning Commission and RHCA Board before returning for a formal Public Hearing with the City Council. 13.NEW BUSINESS 14.MATTERS FROM THE CITY COUNCIL 15.MATTERS FROM STAFF 16.RECESS TO CLOSED SESSION 17.RECONVENE TO OPEN SESSION 18.ADJOURNMENT Next regular meeting: Monday, January 8, 2024 at 7:00 p.m. in the City Council Chamber, Rolling Hills City Hall, 2 Portuguese Bend Road, Rolling Hills, California, 90274. ATTACHMENT1_2023-10_PCResolution_WCF_Ordinance_112123_D2.pdf ATTACHMENT2_384_WirelessOrdinance_Updated PC DRAFT 11-14-2023 REDLINE- c1.pdf ATTACHMENT3_PL_WCF_OrdAmend2023_231002_Email_CrownCastle.pdf ATTACHMENT4_PL_WCF_OrdAmend2023_231010_CrownCastlePresentation_2SlidesPerPage.pdf ATTACHMENT5_CL_AGN_230912_PC_Item9B_RHCA_PublicComment.pdf ATTACHMENT6_CL_AGN_230912_PC_Item9B_RHCA_CellAntennaMockUp.pdf ATTACHMENT7_CL_AGN_230912_PC_Item9B_RHCA_CellSurveyResults2023.pdf ATTACHMENT8_PL_WCF_OrdAmend2023_230815_PCStaffReportONLY.pdf ATTACHMENT9_PL_WCF_OrdAmend2023_230912_PCStaffReportONLY.pdf ATTACHMENT10_PL_WCF_OrdAmend2023_231017_PCStaffReportONLY.pdf ATTACHMENT11_PL_ADR_231017_WCF_Presentation_BBK_Givens_Rolling Hills PC Mtg Wireless Ordinance Presentation 10-17-23-c1_2pages.pdf CL_AGN_231121_PC_Item9A_PublicComment01.pdf PL_WCF_OrdAmend2023_WirelessApplicationDraft_11-27-23-c1.pdf CL_AGN_231214_CC_SiteLogiQ_SolarBattery_Presentation.pdf CL_AGN_231214_CC_SiteLogiQ_SolarBattery_ProgramProForma.pdf Notice: Public Comment is welcome on any item prior to City Council action on the item. Documents pertaining to an agenda item received after the posting of the agenda are available for review in the City Clerk's office or at the meeting at which the item will be considered. In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting due to your disability, please contact the City Clerk at (310) 377-1521 at least 48 hours prior to the meeting to enable the City to make reasonable arrangements to ensure accessibility and accommodation for your review of this agenda and attendance at this meeting 4 Agenda Item No.: 4.A Mtg. Date: 12/14/2023 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO CITY MANAGER THRU:KARINA BAÑALES SUBJECT:CITY COUNCIL REORGANIZATION DATE:December 14, 2023 BACKGROUND: None. DISCUSSION: None. FISCAL IMPACT: None. RECOMMENDATION: A. PRESENTATION OF NEW MAYOR AND MAYOR PRO-TEM B. PRESENTATION TO MAYOR WILSON IN RECOGNITION OF HIS SERVICE DURING HIS 2023 TERM AS MAYOR C. COMMENTS FROM OUTGOING MAYOR ATTACHMENTS: 5 Agenda Item No.: 8.A Mtg. Date: 12/14/2023 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO CITY MANAGER THRU:KARINA BAÑALES SUBJECT:APPROVE AFFIDAVIT OF POSTING FOR THE CITY COUNCIL ADJOURNED REGULAR MEETING OF DECEMBER 14, 2023 DATE:December 14, 2023 BACKGROUND: None. DISCUSSION: None. FISCAL IMPACT: None. RECOMMENDATION: Approve. ATTACHMENTS: CL_AGN_231214_CC_AffidavitofPosting.pdf 6 Administrative Report 8.A., File # 2101 Meeting Date: 12/14/202 3 To: MAYOR & CITY COUNCIL From: Christian Horvath, City Clerk TITLE APPROVE AFFIDAVIT OF POSTING FOR THE CITY COUNCIL ADJOURNED REGULAR MEETING OF DECEMBER 14, 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 Adjourned 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 DECEMBER 14, 2023 7:00pm Open Session As City Clerk of the City of Rolling Hills, I declare under penalty of perjury, the document noted above was posted at the date displayed below. Christian Horvath, City Clerk Date: December 7, 2023 7 Agenda Item No.: 8.B Mtg. Date: 12/14/2023 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO CITY MANAGER THRU:KARINA BAÑALES SUBJECT:APPROVE MOTION TO READ BY TITLE ONLY AND WAIVE FURTHER READING OF ALL ORDINANCES AND RESOLUTIONS LISTED ON THE AGENDA DATE:December 14, 2023 BACKGROUND: None. DISCUSSION: None. FISCAL IMPACT: None. RECOMMENDATION: Approve. ATTACHMENTS: 8 Agenda Item No.: 8.C Mtg. Date: 12/14/2023 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO CITY MANAGER THRU:KARINA BAÑALES SUBJECT:APPROVE THE FOLLOWING CITY COUNCIL MINUTES: NOVEMBER 13, 2023 REGULAR MEETING DATE:December 14, 2023 BACKGROUND: None. DISCUSSION: None. FISCAL IMPACT: None. RECOMMENDATION: Approve as presented. ATTACHMENTS: CL_MIN_231113_CC_F.pdf 9 MINUTES – CITY COUNCIL MEETING Monday, November 13, 2023 Page 1 Minutes Rolling Hills City Council Mon day, November 13, 2023 Regular Meeting 7:00 p.m. 1. CALL TO ORDER The City Council of the City of Rolling Hills met in person on the above date at 7:00 p.m. Mayor Wilson presiding. 2. ROLL CALL Councilmembers Present: Black, Dieringer, Pieper, Mayor Pro Tem Mirsch, Mayor Wilson Councilmembers Absent: None Staff Present: Karina Bañales, City Manager Christian Horvath, City Clerk / Executive Assistant to the City Manager John Signo, Planning & Community Services Director Pat Donegan, City Attorney Mayor Wilson recognized new City Manager Karina Bañales at her first official meeting and provided her with an opportunity to speak. 3. PLEDGE OF ALLEGIANCE – City Manager Bañales 4. PRESENTATIONS/PROCLAMATIONS/ANNOUNCEMENTS – NONE 5. APPROVE ORDER OF THE AGENDA Motion by Councilmember Black, seconded by Councilmember Pieper to approve the order of the agenda. Motion carried unanimously with the following vote: AYES: Black, Dieringer, Pieper, Mirsch, Mayor Wilson NOES: None ABSENT: None 6. BLUE FOLDER ITEMS (SUPPLEMENTAL) – NONE 7. PUBLI C COMMENT ON NON-AGENDA ITEMS – NONE 8. CONSENT CALENDAR 8.A. APPROVE AFFIDAVIT OF POSTING FOR THE CITY COUNCIL REGULAR MEETING OF NOVEMBER 13, 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: OCTOBER 23, 2023 REGULAR MEETING; NOVEMBER 7, 2023 SPECIAL FIELD TRIP MEETING 8.D. PAYMENT OF BILLS 10 MINUTES – CITY COUNCIL MEETING Monday, November 13, 2023 Page 2 8.E. REPUBLIC SERVICES RECYCLING TONNAGE AND COMPLAINT REPORTS FOR SEPTEMBER 2023 8.F. ADOPT RESOLUTION NO. 1352 AUTHORIZING A BUDGET MODIFICATION TO INCREASE APPROPRIATIONS BY $7,600 IN THE SOUTH BAY COMMUNITY ORGANIZATION ACCOUNT FUNDED FROM AVAILABLE GENERAL FUND RESERVES FOR CONTRIBUTIONS TO LOCAL VOLUNTEER ORGANIZATIONS THAT PROVIDE COMMUNITY BENEFITS AND SERVICES TO THE PUBLIC 8.G. RECEIVE AND FILE MEASURE W, MUNICIPAL SAFE CLEAN WATER (SCW) ANNUAL REPORT FOR FISCAL YEAR 2022-23 8.H. RECEIVE AND FILE SUBMITTAL OF THE ANNUAL MUNICIPAL STORMWATER REPORT FOR FISCAL YEAR 2022-23 8.I. PULLED BY COUNCILMEMBER DIERINGER Motion by Councilmember Black , seconded by Councilmember Pieper to approve Consent Calendar except for Item 8I. Motion carried unanimously with the following vote: AYES: Black, Dieringer, Pieper, Mirsch, Mayor Wilson NOES: None ABSENT: None 9. EXCLUDED CONSENT CALENDAR ITEMS – NONE 8.I. APPROVE REQUEST FROM ROLLING HILLS COMMUNITY ASSOCIATION TO EXECUTE A REVISED LICENSE AGREEMENT WITH COX BUSINESS Motion by Councilmember Pieper, seconded by Councilmember Black to approve as presented. Motion carried with the following vote: AYES: Black, Pieper, Mirsch, Mayor Wilson NOES: Dieringer ABSENT: None 10. COMMISSION ITEMS 10.A. ZONING CASE NO. 23-049: SITE PLAN REVIEW FOR A 1,957-SQUARE-FOOT ADDITION TO AN EXISTING RESIDENCE, AND CONDITIONAL USE PERMIT TO ADD 244 SQUARE FEET TO AN EXISTING POOL HOUSE, LOCATED AT 19 PORTUGUESE BEND ROAD IN ZONING CASE NO. 23-049 (LOT 80-RH) (HTJGDB/SIU) Presentation by Planning & Community Services Director John Signo Motion by Councilmember Pieper, seconded by Mayor Pro Tem Mirsch to receive and file. Motion carried unanimously with the following vote: AYES: Black, Dieringer, Pieper, Mirsch, Mayor Wilson NOES: None ABSENT: None 11 MINUTES – CITY COUNCIL MEETING Monday, November 13, 2023 Page 3 11. PUBLIC HEARINGS 11.A. ZONING CASE NO. 22-51: 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 1/2 FEET IN HEIGHT, (3) RETAINING WALLS IN THE FRONT YARD, AND (4) NONEXEMPT GRADING EXPORT ON A PROPERTY LOCATED AT 4 POPPY TRAIL, ROLLING HILLS, CA 90274 (LOT 17-A-PT) (ARVIDSON), AND FINDING THE PROJECT CAT EGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Presentation by Planning & Community Services Director John Signo Comment on behalf of applicant: Karin Burger, LA County Public Works, Geotechnical and Materials Engineering Division Michael Dorta, Senior Civil Engineer, LA County Public Works, Lomita District Office Dan Bolton, Project Civil Engineer, Bolton Engineering Corp. John Petross, Project Engineering Geologist, GMU Geotechnical, Inc. Criss Gunderson, Project Architect Public Comment: Nikos Constant, John Lacey, Mark Minkes Motion by Mayor Pro Tem Mirsch, seconded by Mayor Wilson to continue this item and direct staff to work with the applicant to conduct an initial study and bring the results back. Motion failed with the following vote: AYES: Mirsch, Mayor Wilson NOES: Black, Dieringer, Pieper, ABSENT: None Motion by Councilmember Black, seconded by Councilmember Dieringer to accept the recommendation of approval with the resolution as drafted with direction to staff and the City Attorney’s office to include a condition of approval that requires the applicant to defend and indemnify the city in the event of any challenge to the decision. Motion carried with the following vote: AYES: Black, Dieringer, Pieper, Mirsch, NOES: Mayor Wilson ABSENT: None 12. OLD BUSINESS – NONE 13. NEW BUSINESS 13.A. CONSIDERATION AND APPROVAL OF AWARDING A CONSTRUCTION CONTRACT TO VCI CONSTRUCTION, INC. FOR PROVIDING CONSTRUCTION SERVICES ON THE 20C PORTION OF THE CREST ROAD EAST FIRE PREVENTION POWER LINE UNDERGROUNDING PROJECT IN AN AMOUNT NOT TO EXCEED $577,069.90 FUNDED BY FEMA HAZARD MITIGATION PROGRAM #DR4344-526-112R, AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENT, AND FINDING THE PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Presentation by City Clerk / Executive Assistant to the City Manager Christian Horvath 12 MINUTES – CITY COUNCIL MEETING Monday, November 13, 2023 Page 4 Motion by Mayor Pro Tem Mirsch, seconded by Councilmember Black to approve as presented and direct City staff to award and execute the contract, subject to approval from the City Attorney, upon confirmation from FEMA/CalOES regarding grant extension request. 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 VERBAL REPORT FROM THE AD HOC FIRE FUEL COMMITTEE ON THE OCTOBER 20, 2023 MEETING Presentation by Councilmember Dieringer Public Comment: Alfred Visco, Marian Visco Motion by Councilmember Dieringer, seconded by Councilmember Pieper to table for further discussion until receipt of further information from the Los Angeles County Fire Department relating to initial fire fuels study. Motion carried unanimously with the following vote: AYES: Black, Dieringer, Pieper, Mirsch, Mayor Wilson NOES: None ABSENT: None 15. MATTERS FROM STAFF 15.A UPDATE ON POLE SITING LOCATIONS SPECIFIC TO THE DEVELOPMENT PLANS FOR AN EMERGENCY OUTDOOR SIREN SYSTEM BASED ON FEEDBACK FROM THE OCTOBER 23, 2023 CITY COUNCIL MEETING Presentation by City Clerk / Executive Assistant to the City Manager Christian Horvath Public Comment: Melissa McNabb Motion by Mayor Pro Tem Mirsch, seconded by Councilmember Black to receive and file. Motion carried unanimously with the following vote: AYES: Black, Dieringer, Pieper, Mirsch, Mayor Wilson NOES: None ABSENT: None 16. RECESS TO CLOSED SESSION – NONE 17. RECONVENE TO OPEN SESSION – NONE 18. ADJOURNMENT: 10:08 P.M. The meeting was adjourned at 10:08 p.m on November 13, 2023. The next regular adjourned meeting of the City Council is scheduled to be held on Mon day, December 14, 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 13 MINUTES – CITY COUNCIL MEETING Monday, November 13, 2023 Page 5 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: 12/14/2023 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO CITY MANAGER THRU:KARINA BAÑALES SUBJECT:PAYMENT OF BILLS DATE:December 14, 2023 BACKGROUND: None. DISCUSSION: None. FISCAL IMPACT: None. RECOMMENDATION: Approve as presented. ATTACHMENTS: CL_AGN_231128_CC_PaymentOfBills.pdf CL_AGN_231214_CC_PaymentOfBills_E.pdf 15 16 17 18 19 Agenda Item No.: 8.E Mtg. Date: 12/14/2023 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO CITY MANAGER THRU:KARINA BAÑALES SUBJECT:REPUBLIC SERVICES RECYCLING TONNAGE AND COMPLAINT REPORTS FOR OCTOBER 2023 DATE:December 14, 2023 BACKGROUND: None. DISCUSSION: None. FISCAL IMPACT: None. RECOMMENDATION: Receive and file. ATTACHMENTS: VC_REP_231214_Oct_YTD_TonnageReport.pdf VC_REP_231214_Oct_C&D Report.pdf VC_REP_231214_Oct_ComplaintLog.pdf VC_REP_231206_Complaints List 2023_Redacted.pdf 20 Year 2023 Franchise Y/N Y Month Commodity Tons Collected Tons Recovered Tons Disposed Diversion % Jan Greenwaste 75.94 75.94 - 100.00% Greenwaste - Free Residential Roll Off Bin 4.76 4.76 - 100.00% Trash 180.77 - 180.77 0.00% Jan Total 261.47 80.70 180.77 30.86% Feb Greenwaste 84.50 84.50 - 100.00% Greenwaste - Free Residential Roll Off Bin 11.62 11.62 - 100.00% Trash 133.45 - 133.45 0.00% Feb Total 229.57 96.12 133.45 41.87% Mar Greenwaste 135.07 135.07 - 100.00% Greenwaste - Free Residential Roll Off Bin 4.62 4.62 - 100.00% Trash 185.99 - 185.99 0.00% Mar Total 325.68 139.69 185.99 42.89% Apr Greenwaste 105.00 105.00 - 100.00% Trash 153.22 - 153.22 0.00% Trash - Free Residential Roll Off Bin 1.39 - 1.39 0.00% Apr Total 259.61 105.00 154.61 40.45% May Greenwaste 103.43 103.43 - 100.00% Greenwaste - Free Residential Roll Off Bin 1.42 1.42 - 100.00% Recycle 1.17 0.40 0.77 33.79% Trash 191.15 - 191.15 0.00% May Total 297.17 105.25 191.92 35.42% Jun Greenwaste 145.67 145.67 - 100.00% Trash 186.82 - 186.82 0.00% Jun Total 332.49 145.67 186.82 43.81% Jul Greenwaste 104.97 104.97 - 100.00% Greenwaste - Free Residential Roll Off Bin 2.42 2.42 - 100.00% Trash 167.12 - 167.12 0.00% Jul Total 274.51 107.39 167.12 39.12% Aug Greenwaste 123.85 123.85 - 100.00% Trash 212.22 - 212.22 0.00% Aug Total 336.07 123.85 212.22 36.85% Sep Greenwaste 118.56 118.56 - 100.00% Greenwaste - Free Residential Roll Off Bin 3.64 3.64 - 100.00% Trash 190.21 - 190.21 0.00% Sep Total 312.41 122.20 190.21 39.12% Oct Greenwaste 131.46 131.46 - 100.00% Trash 226.78 - 226.78 0.00% Trash - Free Residential Roll Off Bin 1.69 - 1.69 0.00% Oct Total 359.93 131.46 228.47 36.52% Grand Total 2,988.91 1,157.33 1,831.58 38.72% CITY OF ROLLING HILLS RESIDENTIAL FRANCHISE 2023 Page 1 of 2 21 Year 2023 Franchise Y/N N Month Commodity Tons Collected Tons Recovered Tons Disposed Diversion % Jan Recycle 0.41 0.19 0.21 47.92% Trash 68.77 - 68.77 0.00% Organics 0.03 0.01 0.02 20.85% Jan Total 69.20 0.20 69.00 0.29% Feb Recycle 0.15 0.07 0.08 47.28% Trash 84.23 - 84.23 0.00% Organics 0.16 0.07 0.09 42.47% Feb Total 84.54 0.14 84.40 0.17% Mar Recycle 0.19 0.07 0.13 35.00% Trash 46.39 - 46.39 0.00% Organics 0.20 0.14 0.06 69.23% Mar Total 46.78 0.21 46.58 0.44% Apr Recycle 0.15 0.05 0.10 35.94% Trash 166.55 - 166.55 0.00% Organics 0.10 0.07 0.03 69.22% Apr Total 166.80 0.12 166.68 0.07% May Greenwaste 2.94 2.94 - 100.00% Recycle 0.26 0.09 0.17 33.79% Trash 101.93 - 101.93 0.00% Organics 0.07 0.04 0.03 60.37% May Total 105.20 3.07 102.13 2.92% Jun Greenwaste 8.21 8.21 - 100.00% Recycle 0.23 0.08 0.15 33.34% Trash 65.16 - 65.16 0.00% Organics 0.13 0.12 0.01 94.11% Jun Total 73.73 8.41 65.32 11.41% Jul Greenwaste 12.16 12.16 - 100.00% Recycle 0.26 0.09 0.17 33.43% Trash 52.78 - 52.78 0.00% Organics 0.17 0.14 0.03 82.42% Jul Total 65.36 12.38 52.98 18.95% Aug Greenwaste 21.99 21.99 - 100.00% Recycle 0.30 0.10 0.20 32.48% Trash 69.64 - 69.64 0.00% Organics 0.16 0.12 0.04 73.20% C&D 13.00 13.00 - 100.00% Aug Total 105.09 35.20 69.89 33.50% Sep Greenwaste 7.43 7.40 0.03 99.55% Recycle 0.21 0.07 0.15 31.93% Trash 160.52 - 160.52 0.00% Organics 0.10 0.10 - 100.00% C&D 8.87 7.29 1.58 82.18% Sep Total 177.14 14.86 162.28 8.39% Oct Recycle 0.27 0.09 0.17 34.81% Trash 74.92 - 74.92 0.00% Organics 0.30 0.19 0.11 62.68% Oct Total 75.49 0.28 75.21 0.37% Grand Total 969.33 74.88 894.46 7.72% CITY OF ROLLING HILLS NON-FRANCHISE 2023 Page 2 of 2 22 Republic Services City of Rolling Hills C&D Report Reporting Period October-23 Disposal Site Material Loads Taken Tons Collected No C & D this month Summary Row Labels Sum of Tons Collected (blank) Grand Total Page 1 of 1 23 City of Rolling Hills Reporting Period October-23 Acct#Customer Name Service Address City Service Date Service Code Service Description 3082 CURRENT RESIDENT 0 BUGGY WHIP DR ROLLING HILLS 10/11/23 RTM Return for Trash Miss 3695 CURRENT RESIDENT 12 JOHNS CANYON RD ROLLING HILLS 10/18/23 RYM Return for Yardwaste Miss Summary of Requests Service Type Total Records Return for Trash Miss 1 Return for Yardwaste Miss 1 Grand Total 2 Republic Services Customer Complaint Summary Page 1 of 1 24 Republic Services - Complaints List Date of Issue Time Issue/Complaint Resident Address Republic contacted Republic Reponse Date Reponse Time of Reponse Resolved 1/11/2023 8:26 AM Trash not picked up 5 Ringbit Road West Steve Guerrero Steve Guerrero 1/11/2023 5:30 PM yes 1/30/2023 2:30 PM Trash not picked up 2 Buggy Whip Dr Steve Guerrero Steve Guerrero 1/30/2023 2:30 PM yes 2/3/2023 9:29 AM Trash not picked up for 1 week 13 Georgeff Road Steve Guerrero Steve Guerrero 2/17/2023 9:29 AM yes 4/10/2023 8:50 AM trash not picked up 4 Buckboard Lane Steve Guerrero Steve Guerrero 4/10/2023 9:15 AM yes 5/10/2023 11:41 AM Trash not picked up for 2 weeks 8 Outrider Road Steve Guerrero Steve Guerrero 5/10/2023 1:26 PM yes 5/15/2023 11:12 AM Trash not picked up for 2 weeks 14 Upper Blackwater Canyon Rd Steve Guerrero Steve Guerrero 5/16/2023 1:18 PM yes 5/24/2023 8:27 AM Trash not picked up for 1 week 20 Crest Road East Steve Guerrero Steve Guerrero 5/24/2023 9:04 AM yes 5/24/2023 3:05 PM green waste & trash not picked up, rude driver 1 Buggy Whip Drive Steve Guerrero Steve Guerrero 5/25/2023 3:47 PM yes 6/6/2023 3:56 PM green waste not picked up 24 Cinchring Road Felipe Vazquez & Lori Reyna Felipe Vazquez 6/9/2023 6:01 PM yes 6/12/2023 9:23 AM green waste & trash not picked up 11 Saddleback Road Felipe Vazquez & Lori Reyna Felipe Vazquez 6/12/2023 1:20 PM yes 6/19/2023 2:51 PM green waste not picked up 11 Caballeros Road Felipe Vazquez & Lori Reyna Felipe Vazquez 6/20/2023 6:27 AM yes 6/27/2023 12:02 PM green waste not picked up 11 Caballeros Road Addrian Orssten Felipe Vazquez 6/27/2023 1:11 PM yes 7 Buggy Whip Drive Lori Reyna Lori Reyna 7/14/2023 4:30 PM yes 7/13/2023 5:34 PM trash not picked up 33 Portuguese Bend Road Felipe Vazquez & Lori Reyna Felipe Vazquez 7/17/2023 8:11 AM yes 1 Appaloosa Ln Lori Reyna Lori Reyna 7/18/2023 12:00 PM yes 7/18/2023 1:01 PM Trash not picked up for 2 weeks 12 Georgeff Road Felipe Vazquez & Lori Reyna Felipe Vazquez 7/19/2023 6:25 PM yes 7/19/2023 1:12 PM Green waste not picked up for 2 weeks 19 Portuguese Bend Rd Felipe Vazquez & Lori Reyna 7/24/2023 9:21 AM green waste not picked up for 2 weeks 42 Eastfield Drive Felipe Vazquez & Lori Reyna Felipe Vazquez 7/24/2023 12:41 PM yes 7/24/2023 4:16 PM green waste not picked up, rude driver, damgaged gate 1 Buggy Whip Drive Felipe Vazquez & Lori Reyna Felipe Vazquez 7/25/2023 5:11 AM no 7/25/2023 12:24 PM Trash not picked up on scheduled day 15 Upper Blackwater Canyon Rd Felipe Vazquez & Lori Reyna 8/14/2023 2:25 PM green waste not picked up for 2 weeks 4 Pinto Road Felipe Vazquez & Lori Reyna 8/15/2023 10:08 AM Trash not picked up on scheduled day 40 Portuguese Bend Road Felipe Vazquez & Lori Reyna Felipe Vazquez 8/16/2023 6:18 AM yes 8/15/2023 12:25 PM Trash not picked up on scheduled day 7 Middleridge Lane North Felipe Vazquez & Lori Reyna 8/15/2023 2:15 PM Trash not picked up on scheduled day 8 Maverick Lane Felipe Vazquez & Lori Reyna 8/15/2023 2:57 PM Trash not picked up on scheduled day for the entire street 1 Williamsburg Lane Felipe Vazquez & Lori Reyna 8/16/2023 3:15 PM Debris from trucks on street Ka In Street @44 Portuguese Bend Rd Felipe Vazquez & Lori Reyna Felipe Vazquez 8/17/2023 12:55 PM 8/18/2023 8:33 AM A order for the 40 yard bin on 8/5 and customer service couldn't provide the correct delivery date; resident waited for 2 weeks 5 Appaloosa Lane Felipe Vazquez & Lori Reyna Lori Reyna 8/18/2023 9:28 AM yes 25 8/21/2023 1:18 PM Green waste not picked up for 6 weeks 4 Pinto Road Felipe Vazquez & Lori Reyna Felipe Vazquez 8/21/2023 1:42 PM yes 15 Middleridge Lane North Emailed Felipe, Dawn, Jeremey, Lora, RH Staff 8/21/2023 2:00 PM Trash not picked up on scheduled day for 3 weeks 2 Williamsburg Lane Felipe Vazquez & Lori Reyna 8/21/2023 3:58 PM Trash not picked up on scheduled day of Monday 11 Middleridge Lane North Felipe Vazquez & Lori Reyna 8/21/2023 3:58 PM Drivers missed several trash pick ups on Middleridge Lane North 11 Middleridge Lane North Felipe Vazquez & Lori Reyna 8/22/2023 9:11 AM green waste not picked up from original compliant on 8/16/23 11 Caballeros Road Felipe Vazquez & Lori Reyna Miguel Ruiz yes 8/22/2023 10:16 PM Trash not picked up on scheduled day of Monday 15 Caballeros Road Felipe Vazquez & Lori Reyna Miguel Ruiz 8/22/2023 1:22 PM yes 8/22/2023 12:37 PM Trash not picked up on scheduled day of Monday 26 Crest Road East Felipe Vazquez & Lori Reyna Miguel Ruiz 8/22/2023 3:51 PM yes 8/23/2023 9:01 AM Trash not picked up on scheduled day of Tuesday 68 Portuguese Bend Road Felipe Vazquez & Lori Reyna 8/23/2023 1:30 PM Customer complaint about Republic Services customer service not assisting with trash container requirements info 15 Upper Blackwater Canyon Rd provided resident w/Lori Reyna's email 8/28/2023 12:56 PM Missed Pick Up 2nd week 15 Middleridge Lane North Provided resident with Area Supervisor Contact Lori Reyna 9/5/2023 yes 8/31/2023 4:15 AM Request Pick-Up at Vacant Lot 71 Crest Road East Felipe, Lori, Dawn, Addrian, Jeremy 9/1/2023 2:31 PM Trash not picked up on scheduled day 12 Cinchiring Rd FELIPE Vazquez & Lori Reyna Addrian Oressten 9/1/2023 3:42 PM yes 32 Eastfield Drive Felipe, Lori Reyna 9/5/2023 11:12 AM Resident reported that her trash was not picked up on scheduled day and is always missed. 9 Upper Blackwater Canyon Felipe Vazquez yes 9/6/2023 9:11 AM Resident reported that their trash was not picked up for one week, also reported that they reached out to republic but no one came. 32 Eastfield Drive Felipe Vazquez 36 Eastfield Drive Felipe Vasquez 9/6/2023 2:15 PM Resident reported that their trash was not picked up on the assigned day 50 Eastfield Drive Felipe Vazquez 9/6/2023 2:20 PM Resident reports that their trash and green waste has not been picked up consistently for 2 weeks 36 Eastfield Drive Felipe Vazquez 9/7/2023 2:55 PM Resident reports that their trash and green waste has not been picked up for 10 days. They reached out to republic, no one came. 7 Southfield Drive Felipe Vazquez 26 9/8/2023 1:35 PM Resident reports that their green waste has not been picked up for 2 weeks 16 Eastfield Drive Felipe Vazquez 9/8/2023 2:55 PM Resident Reports that their green waste and food waste has not been picked up since Tuesday 9/5/23. Emitting odor. 13 Georgeff Road Felipe Vazquez 9/11/2023 3:18 PM Resident reports that their trash and green waste has not been picked up in 2 weeks 63 Crest Rd East Felipe Vazquez 24 Cinchring Road Michelle, Addrian, Felipe, 9/18/2023 yes 9/11/2023 4:58 PM Resident reports that their trash and green waste has not been picked up since 09-01-2023 1 Buggy Whip Drive Felipe Vazquez 9/20/2023 10:31 AM Resident reports that their trash and green waste has not been picked up consistently for 1.5 months 63 Crest Rd East Felipe Vazquez Felipe Vazquez 9/20/2023 10:33 AM Yes 9/22/2023 8:53 Trash not being picked up consistently 1 Sagebrush Lane Miguel Ruiz Miguel Ruiz 9/22/2023 10:35 Yes 9/22/2023 8:55 AM Trash not being picked up consistently 16 Eastfield Drive Miguel Ruiz Miguel Ruiz 9/22/2023 10:35 AM Yes 9/22/2023 2:26 PM Missed Pick Up 25 Portuguese Bend Rd Miguel Ruiz Miguel Ruiz 9/22/2023 2:40 PM yes 9/26/2023 8:38 PM Missed Pick-Up 7 Southfield Drive Miguel Ruiz Miguel Ruiz 9/26/2023 8:40 AM Yes 9/27/2023 12:09 PM Missed Pick Up, 2nd time in 3 weeks 63 Crest Rd East Miguel Ruiz Miguel Ruiz 9/26/2023 12:14 PM yes 9/28/2023 8:18 AM Republic did not deliver on promise to pick up green waste from the road 4 Poppy Trail Miguel Ruiz Miguel Ruiz 9/27/2023 1:20 PM yes 10/2/2023 8:07 Paper Trash blown everywhere: Top of Georgeff & Crest Georgeff/Crest Miguel Ruiz Miguel Ruiz 10/2/2023 11:20 AM yes 10/3/2023 8:34 Missed Pick Up 2 Buckboard Lane Miguel Ruiz Miguel Ruiz 10/3/2023 8:38 AM yes 10/3/2023 8:56 Missed Pick Up 7 Middleridge North Miguel Ruiz Miguel Ruiz 10/3/2023 1:48PM Missed Pick-Up 8 Maverick Lane Miguel Ruiz 73 Portuguese Bend Rd Miguel Ruiz Miguel Ruiz 10/4/2023 11:05 AM Yes 10/5/2023 Missed Bulky Pick up Green waste event 15 Eastfield Drive Miguel Ruiz Miguel Ruiz 10/5/2023 10:17 AM yes 10/5/2023 Missed Bulky Pick up Green waste event 14 Cabelleros Road Miguel Ruiz Miguel Ruiz 10/5/2023 10:18 AM yes 10/5/2023 Missed Bulky Pick up Green waste event 1 Sagebrush Lane 15 Eastfield Drive Miguel Ruiz Miguel Ruiz 10/9/2023 8:15 AM yes 63 Crest Rd East Miguel Ruiz Miguel Ruiz 10/18/2023 11:40 yes 10/9/2023 10:07AM Missed Bulky Pick up Green waste event 6 Upper Black Water Miguel Ruiz 10/9/2023 12:15 PM Missed Bulky Pick up Green waste event 3 Wrangler RD Miguel Ruiz Miguel Ruiz yes 10/10/2023 11:38 AM Missed Trash Pick Up 20 Georgeff Miguel Ruiz Miguel Ruiz yes 10/12/2023 1:36AM Missed Bulky Pick up Green waste event 3 Wrangler RD Miguel Ruiz Miguel Ruiz yes 27 10/20/2023 11:17 AM Trash Falling Out of Republic Truck 2 Quailridge South Miguel Ruiz Miguel Ruiz yes 25 Portuguese Bend Rd Miguel Ruiz Miguel Ruiz 10/30/2023 11:30 AM 15 Middleridge Lane North Miguel Ruiz Miguel Ruiz 11/7/2023 10:30 AM 11/7/2023 2:15pm missed pickup day before 8 Maverick Lane 11/8/2023 8:30 AM missed pickup day before 24 Chuckwagon Road Miguel Ruiz Miguel Ruiz 11/8/2023 11/8/2023 8:44am missed pickup day before 8 Quailridge North Miguel Ruiz 11/8/2023 12:32pm 2nd call re: missed pickup 8 Maverick Lane Miguel Ruiz 11/8/2023 2:30 PM Neighbors' trash also not picked up 24 Chuckwagon Road Miguel Ruiz Miguel Ruiz 11/8/2023 11/9/2023 11:42am No pickup 26 Saddleback Miguel Ruiz Miguel Ruiz 11/9/2023 3:33pm 8 houses missed Tuesday and Wednesday 24 Chuckwagon Road Miguel Ruiz Miguel Ruiz 11/13/2023 4:30pm new resident - past 3 pickups missed 25 Caballeros Miguel Ruiz Miguel Ruiz 11/14/2023 10:00 AM Trash not picked up - regular and green waste 87 Eastfield Drive Miguel Ruiz Miguel Ruiz 11/14/2023 11/15/2023 3:57pm resident called 3x about pickup - pickup just later in day 25 Portuguese Bend Road Miguel Ruiz Miguel Ruiz 11/16/2023 6:37am No pickup Friday or Tuesday 12 John's Canyon Road Miguel Ruiz Miguel Ruiz 11/16/2023 2:20pm No pickup on Tuesday 12 Flying Mane Miguel Ruiz Miguel Ruiz 11/21/2023 10:00am No service previous day 1 & 6 Caballeros Miguel Ruiz Miguel Ruiz 11/21/2023 4:13pm No service previous day 8 Maverick Lane Miguel Ruiz Miguel Ruiz 11/21/2023 4:13pm cans had been taken by employee previously 32 Portugues Bend Road Miguel Ruiz Miguel Ruiz 11/22/2023 7:40 AM Trash not picked up on Monday;Thursday is a holiday 8 Caballeros Road Miguel Ruiz/Steve Guerrero Steve Guerrero 11/28/2023 8:55am New residents - no pickup for 2 weeks since moving in 52 Eastfield Miguel Ruiz Miguel Ruiz 11/28/2023 8:55am only partial pickup - bags left behind 37 Crest Road West Miguel Ruiz Miguel Ruiz 11/28/2023 3:14pm no trash pickup 12 Cinchring Road Miguel Ruiz Miguel Ruiz 11/29/2023 9:40am no trash pickup still 12 Cinchring Road Miguel Ruiz Miguel Ruiz 11/29/2023 9:40am no green waste pickup 7 Southfield Drive Miguel Ruiz Miguel Ruiz 11/30/2023 2:54pm no trash pickup still 12 Cinchring Road Miguel Ruiz Miguel Ruiz 12/4/2023 10:00 AM Loud noises from trash trucks waking her up and she would like the trucks to park somewhere else 67 Portuguese Bend Road Miguel Ruiz Miguel Ruiz 12/5/2023 3:45 PM Trash not picked up 42 Eastfield Drive Miguel Ruiz Miguel Ruiz trash not picked up from the day before 36 Potuguese Road Miguel Ruiz Miguel Ruiz 11/21/2023 yes trash not picked up for several weeks 8 Maverick Lane Miguel Ruiz Miguel Ruiz 11/21/2023 yes missed trash pickup 7 Caballeros Road Miguel Ruiz Miguel Ruiz 11/22/2023 yes trash not picked up fpr 2 weeks In a row;concerned about attracting wildlife 6 Caballeros Road Miguel Ruiz Miguel Ruiz 11/22/2023 yes missed trash pickup 12 Southfield Drive Miguel Ruiz Miguel Ruiz 11/22/2023 yes missed trash pickup 12 Cinchring Road Miguel Ruiz Miguel Ruiz 11/28/2023 yes called again to report missed trash pickup: was upset (Karina resolved)12 Cinchring Road Miguel Ruiz Miguel Ruiz 11/29/2023 yes 28 Spoke to Karina about missed trash pickup; gave feedback 37 Crest Road West Miguel Ruiz Miguel Ruiz 11/30/2023 yes called to report missed trash pickup 24 Chuckwagon Road Miguel Ruiz Miguel Ruiz 12/5/2023 yes missed trash pickup on Monday, cncerned about missing again today 35 Chuckwagon Road Miguel Ruiz Miguel Ruiz 12/6/2023 12/5/2023 8:35pm collector only picked up one green barrel out of 6 24 Caballeros Miguel Ruiz Miguel Ruiz 12/5/2023 10:23am no pickup Friday 18 Buggy Whip Miguel Ruiz Miguel Ruiz 12/5/2023 2:48pm no pickup yesterday 15 Caballeros Road Miguel Ruiz Miguel Ruiz 12/6/2023 12:20 AM Missed trash pick up on 12/5 and she called the city on 12/5. She called on 12/6 still not picked up 42 Eastfield Drive Miguel Ruiz Miguel Ruiz 12/6/2023 12:30 PM Yes 12/6/2023 1:00 PM Oil stains in the driveway 42 Eastfield Drive Miguel Ruiz Miguel Ruiz 12/6/2023 10:47am no pickup yesterday 35 Chuckwagon Road Miguel Ruiz Miguel Ruiz 29 Agenda Item No.: 8.F Mtg. Date: 12/14/2023 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:JOHN SIGNO, DIRECTOR OF PLANNING & COMMUNITY SERVICES THRU:KARINA BAÑALES SUBJECT:ADOPT RESOLUTION NO. 1353 AUTHORIZING SUBMITTAL OF A GRANT APPLICATION TO CALRECYCLE DATE:December 14, 2023 BACKGROUND: CalRecycle has started accepting applications for the SB 1383 Local Assistance Grant (FY2022-23). SB 1383 regulations require jurisdictions to conduct education and outreach on organics recycling to all residents and other groups. This is a one-time grant fund that is non- competitive to provide funding to local jurisdictions to assist with the implementation of SB 1383 regulation requirements. The grant can be used to fund organic waste collection, edible food recovery, education and outreach, enforcement and inspection, program evaluation/gap analysis, procurement requirements, and record keeping. The City of Rolling Hills is eligible for $75,000. DISCUSSION: The South Bay Cities Council of Governments (SBCCOG) is assisting local cities with meeting SB 1383. Their efforts would require Rolling Hills and other cities to allocate a portion of the SB 1383 grant funds to the SBCCOG so they can provide education and outreach in each city and throughout the South Bay. SBCCOG has an extensive grassroots network, an email blast list of 17,000 people, and attendance at over 100 outreach events each year in the South Bay. SBCCOG is well positioned to assist cities to help coordinate a regional message with staff and residents on organic waste outreach. To meet the application requirements, an application was submitted to CalRecycle on November 15, 2023. A resolution from the Council is now needed to affirm the City's application. Timeline November 15, 2023: Application Due Date (submitted) December 20, 2023: Secondary Due Date for approved resolution June 14, 2022: Secondary Due Date for Second Round Funding Approved Resolution 30 March 2024 (tentative): Grants Awarded; CalRecycle considers funding recommendations, and if approved, conditionally awards grants April 1, 2026: Date of Award Email; Grant Term FISCAL IMPACT: The City could receive up to $75,000 in grant funds if awarded. RECOMMENDATION: Adopt Resolution No. 1353. ATTACHMENTS: ResolutionNo1353_CalRecycle_Grant_Applications_F.pdf GR_CRC_SB1383Grant2023_Rolling Hills_Application_Certification.pdf GR_CRC_SB1383Grant2023_Rolling Hills_SB1383Budget.pdf GR_CRC_SB1383Grant2023_OWR4_AppGuidelines_F.pdf GR_CRC_SB1383Grant2023_ExhA_SB1383LocalAssistanceTermsandConditionsFY22- 23.pdf 31 Resolution No. 1353 – CalRecycle Grant 1 RESOLUTION NO. 1353 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS AUTHORIZING SUBMITTAL OF INDIVIDUAL GRANT APPLICATIONS FOR ALL CALRECYCLE GRANT PROGRAMS FOR WHICH THE CITY OF ROLLING HILLS IS ELIGIBLE THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA DOES HEREBY RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS: Section 1. Recitals. A. Public Resources Code sections 48000 et seq. authorize the Department of Resources Recycling and Recovery (“CalRecycle”) to administer various grant programs in furtherance of the State of California’s efforts to reduce, recycle, and reuse solid waste generated in the state thereby preserving landfill capacity and protecting public health and safety and the environment; and B. In furtherance of this authority CalRecycle is required to establish procedures governing the application, awarding, and management of the grants; and C. CalRecycle grant application procedures require, among other things, an applicant’s governing body to declare by resolution certain authorizations related to the administration of CalRecycle grants; and D. The City Council of the City of Rolling Hills (“City”) desires to authorize the City Manager or her designee to submit an application to CalRecycle for grant programs for which it is eligible and execute all documents necessary to implement and secure payment thereunder. Section 2. Now, therefore, be it resolved that the City of Rolling Hills authorizes the submittal of applications to CalRecycle for all grants for which the City of Rolling Hills is eligible. Section 3. Be it further resolved that the City Manager, or her designee, is hereby authorized and empowered to execute in the name of the City of Rolling Hills all grant documents, including but not limited to, applications, agreements, amendments and requests for payment, necessary to secure grant funds and implement the approved grant project. Section 4. Be it further resolved that these authorizations are effective for five years from the date of adoption. Section 5. This Resolution is exempt from the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Sections 15061(b)(3) and 15308 on the grounds that it can be seen with certainty that work for which funding is being received will not have a significant effect on the environment. Any funding received from CalRecycle will be used to reduce, recycle, and reuse solid waste generated in the state thereby preserving landfill capacity and protecting public health and safety and the environment. 32 Resolution No. 1353 – CalRecycle Grant 2 Section 6. This Resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions. PASSED, APPROVED, AND ADOPTED this 14th day of December 2023. ______________________________ PAT WILSON MAYOR ATTEST: ___________________________ CHRISTIAN HORVATH CITY CLERK 33 Resolution No. 1353 – CalRecycle Grant 3 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS ) The foregoing Resolution No. 1353 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS AUTHORIZING SUBMITTAL OF INDIVIDUAL GRANT APPLICATIONS FOR ALL CALRECYCLE GRANT PROGRAMS FOR WHICH THE CITY OF ROLLING HILLS IS ELIGIBLE was approved and adopted at a regular meeting of the City Council on the 14th day of December 2023, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ___________________________ CHRISTIAN HORVATH CITY CLERK 34 35 36 Department of Resources, Recycling, and Recovery (CalRecycle) Expenditure Detail (Include specific details about costs) Total Funds Invoicing, Accounting, and Budget Management $ 4,000.00 Mileage Reimbursement for Kitchen Pail Distribution $ 300.00 Mileage Reimbursement for Staff to Community Workshops $ 300.00 Indirect Costs Subtotal: $ 4,600.00 Indirect Costs Cap (10% of total grant amount)$7,500.00 Within Cap: Yes Capacity Planning/Program Evaluation/Gap Analysis Subtotal: $ - Edible Food Recovery Subtotal $ - Edible Food Recovery Subtotal - Personnel Subtotal $ - Purchase of printed materials including flyers and stickers $ 5,000.00 Education and Outreach Subtotal $ 5,000.00 Bins and Lids (Kitchen Pails for Organic Waste) $ 10,000.00 Equipment Subtotal: $ 10,000.00 Directions: Before completing the Budget Template, please review the Read Me tab of this workbook which includes examples of costs for each category. Then, complete the Budget Template below by providing detailed information on costs requested for this grant for activities identified in the Narrative Proposal Itemize each item type intended for purchase separately and include pertinent information (year, make, and model for vehicles; relevant specifications for large equipment; capacity (cubic feet) for refrigeration). Add rows to the table below, as needed, ensuring that formatting carries over to new rows. Ensure that the Applicant's name is included at the top of this template. Edible Food Recovery - Personnel Personnel Capacity Planning/Program Evaluation/Gap Analysis Indirect Costs Edible Food Recovery Equipment (not related to Edible Food Recovery such as PPE, bins, lids, etc.) Education and Outreach Applicant Name: City of Rolling Hills 1 37 Department of Resources, Recycling, and Recovery (CalRecycle) 2 0.25 Full-Time Equivalent Staff Members for Education and Outreach Efforts $ 33,000.00 Education and Outreach Workshops (4) Expert Consultant $ 8,000.00 Staff Time for Kitchen Pail Distribution $ 10,000.00 Staff Time for Bi-Annual Progress Reports $ 2,400.00 Staff Time to Hire and Manage Expert Consultant $ 1,000.00 Personnel Subtotal: $ 54,400.00 Recycled Paper and Mulch $ 1,000.00 Procurement Subtotal: $ 1,000.00 Record Keeping Subtotal $ - Upgrade/Expansion Subtotal $ - Total Project Funds $ 75,000.00 Upgrade/Expansion Procurement Record Keeping 2 38 Applications Guidelines and Instructions SB 1383 Local Assistance Grant Program, (FY 2022–23) 1 September 2023 Department of Resources Recycling and Recovery SB 1383 Local Assistance Grant Program Application Guidelines and Instructions Fiscal Year 2022–23 39 Applications Guidelines and Instructions SB 1383 Local Assistance Grant Program, (FY 2022–23) 2 Table of Contents Grant Cycle Overview ................................................................................................... 3 Timeline ........................................................................................................................ 3 Eligible Applicants ........................................................................................................ 3 Individual Application .................................................................................................... 4 Regional Application ..................................................................................................... 4 Joint Powers Authority Application Requirements ........................................................ 4 Eligible Projects/Products ............................................................................................. 4 Available Funds ............................................................................................................ 5 Grant Term ................................................................................................................... 5 Eligible and Ineligible Costs .......................................................................................... 5 Public Records Requests ............................................................................................. 5 Confidentiality ............................................................................................................... 6 Application Instructions................................................................................................ 7 Application Access ....................................................................................................... 7 GMS Tabs - Application Contents and Instructions ...................................................... 7 Summary Tab ............................................................................................................ 7 Applicant/Participant Tab ........................................................................................... 8 Detail Tab .................................................................................................................. 8 Contacts Tab ............................................................................................................. 8 Budget Tab ................................................................................................................ 9 Documents Tab ......................................................................................................... 9 Application Submittal and Deadline ............................................................................ 10 Application Documents............................................................................................... 11 Electronic and Original Signatures ............................................................................. 11 CalRecycle Documents .............................................................................................. 11 Application Certification ........................................................................................... 11 Budget ..................................................................................................................... 12 Narrative Proposal ................................................................................................... 12 Applicant’s Required Authorization Documents .......................................................... 12 Individual Application Authorization Documents: ..................................................... 12 Regional Application Authorization Documents: ...................................................... 13 Joint Powers Authority Agreement .......................................................................... 14 Letter of Designation ............................................................................................... 14 Grant Review and Award Process ............................................................................. 15 Grant Application Review Process ............................................................................. 15 Grant Award Process.................................................................................................. 15 Grant Award Conditions.............................................................................................. 15 Grant Program Administration ................................................................................... 16 Reporting Process ...................................................................................................... 16 40 Applications Guidelines and Instructions SB 1383 Local Assistance Grant Program, (FY 2022–23) 3 Grant Cycle Overview The Department of Resources Recycling and Recovery (CalRecycle) offers the SB 1383 Local Assistance Grant Program pursuant to Chapter 395, Statutes of 2016.The purpose of the grant is to provide funding to local jurisdictions to assist with the implantation of regulation requirements associated with SB 1383. This resource document provides applicants with instructions to access and complete the application online and information about grant administration. The web-based application is in CalRecycle’s Grants Management System (GMS) (https://www.calrecycle.ca.gov/Funding/GMS/). The applicant will need to sign into GMS to complete and submit an application. Note: The following terms used in this document are defined below, unless the context clearly indicates otherwise: • “Applicant” refers to either the legal name of the entity that is legally responsible for grant administration and any entity that will receive, and control grant funded equipment, if awarded, or to a person who is completing an application on behalf of the Applicant (this is usually the primary contact listed on the application, but could also be the secondary contact, signature authority, or consultant). • “You” refers to a person who is completing the application on behalf of the Applicant. • “Grantee” refers to an applicant after approval of grant award. Timeline November 15, 2023: Application Due Date • Applicants must submit applications in GMS by 11:59 p.m. on this date. • Customer service will be available until 4:00 p.m. on this date. December 20, 2023: Secondary Due Date • Approved Resolution, and if applicable, Letters of Designation and Letters of Authorization, must be uploaded in GMS by this date if it was not submitted with the application. March 2024 (tentative): Grants Awarded • CalRecycle considers funding recommendations, and if approved, conditionally awards grants during this month. Date of Award Email – April 1, 2026: Grant Term For milestones that take place during the grant term, refer to the Procedures and Requirements document. Eligible Applicants California Labor Code section 1782 prohibits a charter city from receiving state funding or financial assistance for construction projects if that charter city does not comply with Labor Code sections 1770-1782. If any applicants or participating entities are charter 41 Applications Guidelines and Instructions SB 1383 Local Assistance Grant Program, (FY 2022–23) 4 cities or Joint Powers Authorities that include charter cities, the lead participating entity must certify on the Detail tab of the application that Labor Code section 1782 does not prohibit any included charter city from receiving state funds for the project described in this application. If it is determined after award that an applicant or participating entity is a charter city prohibited from receiving state funds for this grant project, the grant will be terminated and any disbursed grant funds shall be returned to CalRecycle. Eligible applicants include: • City • County • City and county • Regional or Joint Powers Authorities • Special Districts that provide solid waste collection services Individual Application An Individual Application is one in which a single eligible entity will be responsible for grant implementation. The applicant in an Individual Application will be responsible for the performance of the grant and all related documentation. In addition, the applicant will be the only entity receiving any real or personal property that is purchased with grant funds. Regional Application Local governments may join together in a Regional Application in which two or more eligible jurisdictions join together for the purpose of grant implementation. A Regional Lead Participant must be designated to act on behalf of all Non-Lead Participants. The Lead Participant is the applicant, and if awarded, will be the grantee responsible for the performance of the grant and all required documentation. CalRecycle will direct all official correspondence and grant payments to the Lead Participant. If a jurisdiction is a Non-Lead Participant in a Regional Application, it may not apply individually. Joint Powers Authority Application Requirements Joint Powers Authorities (JPA) may submit a grant application as an individual applicant. An entity may not submit an individual application if that entity is also participating as a member of the JPA applicant. In addition to the requirements for an Individual Application, a JPA must upload a copy of its JPA Agreement. The JPA Agreement must: 1. Give authority over solid waste management. 2. List all member entities. 3. Contain the signature of all members. Eligible Projects/Products Eligible activities and costs include: • Capacity Planning • Collection • Edible Food Recovery • Education and outreach (includes organic waste & edible food recovery) • Enforcement and Inspection 42 Applications Guidelines and Instructions SB 1383 Local Assistance Grant Program, (FY 2022–23) 5 • Program Evaluation/Gap Analysis • Procurement Requirements (using recycled organic products – compost, mulch, electricity, and/or renewable gas and recycled paper and paper products) • Record Keeping Available Funds • $ 90,000,000 is available for this grant cycle, fiscal year 2022–23, subject to funding availability. • $75,000 base award for each eligible applicant. o CalRecycle provides estimated funding amounts on the Notice of Funding Availability page for applicants to budget anticipated costs of implementing the program. • CalRecycle will distribute remaining funds to eligible entities based on per capita calculations using the Department of Finance’s January 2023 population statistics. Ordinance Requirement Applicants must identify the status of adopting an enforceable ordinance(s), or similarly enforceable mechanism, pursuant to section 18981.2 of Title 14 of the California Code of Regulations. Grant Term The Grant Term begins on the date that CalRecycle sends the Award Email. The Grant Term ends on April 1, 2026. For detailed information about requirements within the grant term, refer to the Procedures and Requirements document. Eligible and Ineligible Costs Grantees may incur eligible costs only during the Grant Term. For detailed information about eligible and ineligible costs, refer to the Procedures and Requirements document. Questions Refer to the Frequently Asked Questions page [https://calrecycle.ca.gov/organics/slcp/owrlocalassistancegrant/faq202223/]. If your answer is not listed, please send your question to jayme.tesser@calrecycle.ca.gov. Public Records Requests CalRecycle’s policy is to make records requested by the public promptly available in accordance with the laws governing disclosure of records and information to the public. In general, all records in the possession of a state agency are public records subject to disclosure, unless a law provides that a particular kind of record or information is not a public record or is exempt or prohibited from disclosure. Upon request, the entire contents of the submitted application are subject to public records requests. This may include contact information, project summary, uploaded documents, and scoring information. Public records may be requested from CalRecycle 43 Applications Guidelines and Instructions SB 1383 Local Assistance Grant Program, (FY 2022–23) 6 through the California Public Records Act Requests web page (https://www2.calrecycle.ca.gov/Forms/ContactUs/PublicRecordsRequest/). Confidentiality The following describes the treatment of certain confidential or proprietary information under the California Public Records Act (Government Code 6250, et seq.) and related regulations. It also describes how questions are resolved on whether information is truly confidential, the legal protections for confidential information, and internal and program procedures to maintain confidentiality. Confidential or Proprietary Information Title 14 of the California Code of Regulations (14 CCR), sections 17041-17046 (https://www.calrecycle.ca.gov/Laws/Regulations/Title14/), states that confidential or proprietary information shall include, but is not limited to: • Personal or business-related financial data, customer client lists, supplier lists and other information of a proprietary or confidential business nature provided by persons in applications, reports, returns, certifications or other documents submitted to [CalRecycle] which if released would result in harmful effects on the person’s competitive position. • Tax information prohibited from disclosure, pursuant to the Revenue and Taxation Code. Accordingly, appropriate documents submitted with an application that are clearly marked, on each page, “confidential or proprietary information” will be treated by CalRecycle pursuant to the procedures set forth in 14 CCR sections 17041-17046. However, the law does not treat documents marked as “confidential or proprietary information” (such as sales brochures, promotional literature and other general non- financial documents) as confidential if they do not fall within the categories of protected financial documents listed above. What if there is a question about what is confidential? If CalRecycle receives a request to disclose data claimed by the applicant to be confidential, CalRecycle would notify the applicant of the request and state that the documents were under review to determine whether information was correctly identified as “confidential.” If there was any question as to whether specific information was confidential, CalRecycle would contact the person(s) identified in the application to provide a justification and statement why the information is confidential. The process for evaluating confidentiality claims is set forth in section 14 CCR 17046. What procedures does CalRecycle have in place to ensure that confidential information is kept confidential? Confidential or proprietary information will be evaluated and analyzed only by CalRecycle staff, kept confidential, and will be maintained with restricted access. Records no longer needed to provide the services offered under the grant program are periodically destroyed, when allowed by audit policies and state law. 44 Applications Guidelines and Instructions SB 1383 Local Assistance Grant Program, (FY 2022–23) 7 Application Instructions Application Access The application is available in CalRecycle’s web-based Grants Management System (GMS). Access to GMS is secure; therefore, you must have a CalRecycle WebPass to log in to the system. Those who have not previously obtained a CalRecycle WebPass can create an account at the CalRecycle WebPass page (https://secure.calrecycle.ca.gov/WebPass/). To start an application: 1. Log in to GMS (https://secure.calrecycle.ca.gov/Grants). 2. Select Apply for a Grant on the left. • All open grant cycles are displayed in a table. 3. Find SB 1383 Local Assistance, OWR: 2022–23 and select Start Application. • A pop-up window will appear asking for contact information. If you have an existing GMS Account, the information may be auto populated. • GMS will automatically add you as the Primary Contact for the new grant application; however, you may update this later. 4. Click Save. GMS Tabs - Application Contents and Instructions The components of the application are divided into tabs. To fill out an application, click on each tab and complete the sections in each tab as required. General directions are on the top of each tab, and detailed information about the requirements for each tab is listed below. The applicant is responsible for a complete application. This includes signing documents, uploading required documents, and submitting the application by the due date(s). Failure to do so will result in disqualification from the SB 1383 Local Assistance Grant Program. Examples of disqualifications may include: • Applicant does not meet the eligibility requirements. • Applicant fails to submit the application by the due date. • Project is not eligible. • Applicant fails to use required CalRecycle documents or forms. • Applicant uploads incomplete or blank documents to the Documents tab. • Signature Authority fails to sign Application Certification or any document that requires a signature. • The online application is incomplete or missing information. Applicant fails to certify that they have an enforceable ordinance, or similarly enforceable mechanism, pursuant to section 18981.2 of Title 14 of the California Code of Regulations. Summary Tab This tab provides a summary of the application, due dates, resource documents and links, application documents, and the Application Submission section. It is the applicant’s responsibility to submit all required documents, based on the particular grant application/project, by the appropriate due date. 45 Applications Guidelines and Instructions SB 1383 Local Assistance Grant Program, (FY 2022–23) 8 Applicant/Participant Tab The applicant name is the legal name of the entity that is legally responsible for grant administration, if awarded. 1. Select the Add Applicant/Participant button and type in the Applicant Name and County. Do not enter your personal name. 2. Search the table for the correct applicant name and select Add Applicant/Participant. 3. Choose the Lead Participant radio button and click Save. • Every application must have a Lead Participant even if it is an individual application with no Non-Lead Participants. If the Participant Search List does not contain your Applicant/Participant name: 2. Click on Add New Applicant/Participant. 3. Enter the Applicant/Participant Name as it appears on the Resolution. Do not include the department or unit name. Do not enter your personal name. • List county names with the name first followed by the word “County,” e.g., “Sacramento County.” • List city names as “City of” followed by the city’s name, e.g., “City of Sacramento.” 4. Complete all required fields then click Save. For Regional or Joint Powers Authority Applications, add the name of each eligible Non- Lead Participant and select the Participating Jurisdiction radio button. For a list of eligible applicants, please see the Grant Cycle Overview section titled “Eligible Applicants.” Detail Tab Complete this tab as follows: 1. Enter a dollar amount in the Grant Funds Requested field. Do not exceed the maximum grant award amount provided in the SB 1383 Local Assistance Grant Program Funding Estimates document. 2. Enter the Assembly Districts and Senate Districts. To select more than one district hold the “Ctrl” key while selecting the numbers. 3. Enter the applicant’s Department Name, e.g., “General Services.” If the applicant does not have a department, enter the applicant’s name. 4. Enter the grant payment mailing address. 5. Project Summary/Statement of Use: Enter a detailed description of your project. 6. Select the appropriate option for the Resolution and optional Letter of Designation. 7. Select the appropriate answer for Program Questions. Contacts Tab CalRecycle requires the application to have only one Primary Contact and at least one Signature Authority. Each application contact may be granted access by checking the box on the top of the contact’s detail screen. The contact will be able to log in to GMS using their own CalRecycle WebPass and access the application. 46 Applications Guidelines and Instructions SB 1383 Local Assistance Grant Program, (FY 2022–23) 9 Note: CalRecycle requires a valid email address for the Signature Authority in order to route the Grant Agreement, if awarded. • Primary Contact. One person who the Signature Authority or their designee has authorized to manage and oversee the grant. This person will be the first contact with whom the Grant Manager will communicate. • Signature Authority. The person(s) authorized to sign CalRecycle documents, such as grant applications, grant agreements, etc., as authorized by a board/council-adopted Resolution, Letter of Designation, or Letter of Commitment (if applicable). • Secondary Contact. A person authorized (by the Primary Contact or Signature Authority or their designee) as the alternate person with whom the Grant Manager will communicate. (Not required.) • Consultant. A professional who provides advice in an area of expertise. If CalRecycle awards a grant to the applicant, the consultants may manage the grant or only conduct specific activities, based on a written agreement between the applicant and the consultant outlining work to be performed. (Not required.) Budget Tab Select the applicable budget category and enter a dollar amount and budget detail information. The total must equal the Grant Funds Requested amount shown on the Detail tab. Complete the Budget document provided in GMS and follow the steps below. 1. Transfer the total of each budget category from the budget document into the Budget tab of GMS. a. Budget amounts in the Budget document must match those entered in the Budget tab. b. The total amounts entered in the Budget tab of GMS must equal the Grant Funds Requested amount shown in the Detail tab. 2. Upload the Budge document in Excel format to the Documents tab of GMS. Do not convert to a PDF. Utilizing a document form other than the official CalRecycle versions, tampering with the CalRecycle version, or otherwise circumventing imposed character limits, may subject the applicant to disqualification. Documents Tab See the Application Documents Section in the Summary tab for documents that must be uploaded in the Documents tab. When uploading a document, enter a document title, select the appropriate document type from the drop-down list, and enter the date that it was executed/signed, if applicable, or select “today’s date.” Utilizing a document form other than the official CalRecycle versions, tampering with the CalRecycle version, or otherwise circumventing imposed character limits may subject the applicant to disqualification. 47 Applications Guidelines and Instructions SB 1383 Local Assistance Grant Program, (FY 2022–23) 10 Application Submittal and Deadline The Submit Application button located in the Summary tab will be enabled after all required documents have been uploaded. Click the Submit Application button and the application status will change to Submitted. You can only submit the application once; however, you may upload the following documents until the secondary due date: Resolution, Letter of Designation, Letters of Authorization, and JPA Agreements. You must submit your application no later than 11:59 p.m. on November 15, 2023. Customer service will be available until 4:00 p.m. on the application due date either by emailing grantassistance@calrecycle.ca.gov or call Melissa Sanford at (916)-341-6104, however, there is no guarantee CalRecycle will be able to provide support if there is an influx of inquiries. Note: Applications that are not submitted by the due date will be deleted from GMS. 48 Applications Guidelines and Instructions SB 1383 Local Assistance Grant Program, (FY 2022–23) 11 Application Documents Electronic and Original Signatures CalRecycle now allows for certified e-Signature or original wet signature on documents or forms that certify legally binding information. Note: E-signatures must include the first and last name of the Signature Authority, be in the Adobe Digital ID format (or through another certified digital signature program) and cannot be completed using the “Fill and Sign” function within Adobe. Any documents using the “Fill and Sign” function, will be considered incomplete and may be sent back to the applicant. Once the document(s) have been signed by the Signature Authority, upload the digitally signed document, or scan the wet signature and save it to GMS. Retain the original document for potential CalRecycle audits. See Audit Considerations Section of the Procedures and Requirements document for more information. If you have questions, email grantassistance@calrecycle.ca.gov. CalRecycle Documents CalRecycle documents are accessible through the Summary tab in the Application Documents section. To access a document, click on the link, open it up, fill it out, save it to your computer, and upload it to the Documents tab. If you are having trouble with a document, email grantassistance@calrecycle.ca.gov or call Melissa Sanford at (916) 341-6104. Altered or reproduced CalRecycle documents or templates may result in automatic disqualification of your application. Unless a document specifies that it may be reproduced as necessary, do not alter CalRecycle documents. Note: The maximum allowable file size for each document is 35MB. The maximum character limit is 60. Do not include special characters in file names. Application Certification The Application Certification is a required application document that must be generated from GMS. Note: The Application Certification will act as the Grant Agreement for this grant program. After you have completed each tab of the application and uploaded the required documents, generate the Application Certification. 1. Click “Print Application Certification” under the Application Submission section of the Summary tab. a. Note: You will not be able to click “Print Application Certification” until each tab of the application is completed and all required application documents have been uploaded. 2. Signature Authority signs Application Certification. 49 Applications Guidelines and Instructions SB 1383 Local Assistance Grant Program, (FY 2022–23) 12 3. Upload the signed Application Certification to the Documents tab. Budget The Budget document is a required application document that must be submitted as an Excel file (not as a PDF). Provide a clear accounting of all eligible costs necessary to complete your project(s). Budget line items should relate to the information provided in the Narrative Proposal. Budget documentation, including but not limited to quotes, estimates, and equipment details, are required for large equipment, refrigeration, and vehicles. When uploading quotes or other evidence of cost, enter a descriptive title to differentiate the quotes. Utilizing a document form other than the official CalRecycle version, or tampering with the CalRecycle version, may subject the applicant to disqualification for the grant program. Narrative Proposal The Narrative Proposal is a required application document that describes the details of your proposed project. Each section of the Narrative Proposal must have a response. Ensure your narrative responses are detailed and address each portion of every question. Incomplete responses in the Narrative Proposal may delay your award email. Utilizing a document form other than the official CalRecycle version, or tampering with the CalRecycle version, may subject the applicant to disqualification for the grant program. Applicant’s Required Authorization Documents Below is a list of required authorizing documents by application type that the applicant is responsible for preparing and uploading to their application. Note: Applicants must submit Grant Resolutions. Payment Program Resolutions will not be accepted. Note: For Resolution, Letter of Authorization, and Letter of Designation templates, refer to the Resolution and Letter Examples (https://www.calrecycle.ca.gov/Funding/SampleDocs) web page. CalRecycle staff are available to answer questions about the Resolution or to review your draft Resolution to ensure it meets the requirements of the grant program. You may email your draft Resolution to grantassistance@calrecycle.ca.gov. Individual Application Authorization Documents: If subject to a governing body, the applicant must submit a Resolution no later than the secondary due date or CalRecycle will deem the application incomplete and disqualify the applicant. The Resolution must: 1. Authorize submittal of an application for one or more specifically named CalRecycle grant(s) or for all CalRecycle grants for which the applicant is eligible. 2. Identify the time period, up to five years, during which the authorizations are valid. a. Five years is encouraged; however, periods of less than five years are acceptable. b. If a Resolution does not specify a time period, CalRecycle will consider the Resolution valid for one year from the date of adoption. 50 Applications Guidelines and Instructions SB 1383 Local Assistance Grant Program, (FY 2022–23) 13 3. Identify the Signature Authority by listing the job title of the person(s) authorized to sign all grant-related documents necessary to implement and close-out the grant(s). a. (Optional but encouraged) The Resolution should authorize the Signature Authority to delegate their signature authority to another person identified by job title. Applicants can only submit a Letter of Designation if the corresponding Resolution includes designee language. 4. Be signed or certified by the governing body. Note: The Signature Authority must sign a Letter of Designation prior to the designee’s exercise of their authority. Regional Application Authorization Documents: Lead Participant Applicant must submit a Resolution no later than the secondary due date or CalRecycle will deem the application incomplete and may disqualify the applicant. The Resolution must: 1. Authorize submittal of a Regional Application on behalf of itself as Lead Participant and all other Non-lead Participants for a specifically named CalRecycle grant. 2. Identify the time period, up to five years, during which the authorizations are valid. a. Five years is encouraged; however, periods of less than five years are acceptable. i. A Resolution that is valid for more than one year must contain either: 1. a list of all potential jurisdictions that may serve as Non-Lead Participants, or 2. a provision that the Signature Authority may alter the list of Non-Lead Participants for each grant cycle. b. If a Resolution does not specify a time period, CalRecycle will consider the Resolution valid for one year from the date of adoption. 3. Identify the Signature Authority by listing the job title of the person(s) authorized to sign all grant-related documents necessary to implement and close-out the grant(s). a. (Optional but encouraged) The Resolution should authorize the Signature Authority to delegate their signature authority to another person identified by job title. Applicants can only submit a Letter of Designation if the corresponding Resolution includes designee language. 4. Be signed or certified by the governing body. Non-lead Participant The Non-Lead Participant prepares the Letter of Authorization (LOA) and gives the Lead Participant authorization to apply for and to act on its behalf in the implementation and administration of the grant/program. Applicant must submit a Letter of Authorization no later than the secondary due date or CalRecycle will remove the Non-Lead Participant(s) from the application. The LOA must: 1. Be on the Non-Lead Participant’s official letterhead. 51 Applications Guidelines and Instructions SB 1383 Local Assistance Grant Program, (FY 2022–23) 14 2. Specify grant program name. 3. Be valid for the duration of the specified grant cycle’s term. 4. Authorize the Lead Participant to submit a Regional or JPA Application and act as the Lead Agency on behalf of the Non-Lead Participant. 5. Authorize the Lead Participant to execute all documents necessary to implement the grant. 6. Be signed by an individual authorized to contractually bind the Non-Lead Participant. Joint Powers Authority Agreement Joint Powers Authorities (JPA) must upload a copy of their JPA Agreements giving them authority to conduct the project, listing all member entities, and containing the signature of all members. CalRecycle does require Letters of Authorization for JPA applicants. A JPA applicant must upload a Resolution as a part of their application and list all JPA members that are participating as Non-Lead Participants on the Applicant/Participant tab. If a member of the JPA is applying as an individual applicant, do not list them as a participant. Letter of Designation CalRecycle requires a Letter of Designation (LOD) only when the Signature Authority identified in the approved Resolution chooses to delegate their signature authority to another person. The approved Resolution must indicate the Signature Authority’s ability to delegate or designate their authority. The applicant must upload the LOD prior to the designee’s exercise of their authority. If the designee signs an application document in place of the Signature Authority, the applicant must upload the LOD with their application. The LOD must: 1. Be on the applicant’s letterhead. 2. Include the job title of the designee and the scope of the designee’s authority. 3. Include the time period during which the designee may exercise the authority. 4. Be signed by the Signature Authority. The designee’s authority may not extend beyond the effective date of the approved Resolution. For example, if the Resolution is effective until December 31, 2024, then the Letter of Designation may not be effective beyond December 31, 2024. If the letter does not identify a valid time period, the letter will follow the same time frame as the Resolution. 52 Applications Guidelines and Instructions SB 1383 Local Assistance Grant Program, (FY 2022–23) 15 Grant Review and Award Process Grant Application Review Process After the close of the application period, CalRecycle staff will review the applications for completeness and eligibility. Only complete applications will be considered for award. Grant Award Process For qualifying applications, CalRecycle staff will develop funding recommendations for the consideration and approval of CalRecycle’s Director, or their designee; CalRecycle tentatively schedules this for March 2024. CalRecycle reserves the right to partially fund or fund individual phases of selected proposals, and CalRecycle may fund an amount less than requested. CalRecycle reserves the right to not award any grant funds under one or more cycles. Grant Award Conditions When awarded, this grant will be subject to two conditions: 1. The recommended grantee must pay all outstanding debts due to CalRecycle, or bring current outstanding payments owed to CalRecycle, within 60 days of the award email date. Failure to comply with this condition will void the grant award. 53 Applications Guidelines and Instructions SB 1383 Local Assistance Grant Program, (FY 2022–23) 16 Grant Program Administration Application Certification The Application Certification will be the Grant Agreement that binds the Grantee to CalRecycle’s requirements as outlined in the documents below. These documents shall guide the grantee’s administration of the grant project. Following CalRecycle’s conditional approval of the grant awards, we will email grantees the information below. • Award email • Exhibit A: Terms and Conditions o Contain CalRecycle’s standard legal requirements for grants • Exhibit B: Procedures and Requirements o Contain specific requirements for administering this grant, including but not limited to project, reporting, and audit requirements Reporting Process CalRecycle requires grantees to report on the progress of their grant on a bi-annual basis. The Procedures and Requirements document contains detailed reporting information and deadlines. Note: This requirement is subject to change at CalRecycle’s discretion. Payments Funds must be placed into an interest-bearing account. Tracking and reporting of interest earned (if any) on the funds is not required. All interest accrued and received from the funds shall be used only for eligible expenses related to the performance of this Agreement. 54 CalRecycle’s Non-Competitive Grant Terms and Conditions – Revised 6/21/2022 1 Exhibit A Terms and Conditions SB 1383 Local Assistance Grant Program Fiscal Year 2022–23 The following terms used in this Grant Agreement (Agreement) have the meanings given to them below, unless the context clearly indicates otherwise: • "CalRecycle" means the Department of Resources Recycling and Recovery. • "Director" means the Director of CalRecycle or his or her designee. • "Grant Agreement" and "Agreement" means all documents comprising the agreement between CalRecycle and the grantee for this grant. • "Grant Manager" means CalRecycle staff person responsible for monitoring the grant. • "Grantee" means the recipient of funds pursuant to this Agreement. • "Program" means the SB 1383 Local Assistance Grant Program. • "State" means the State of California, including, but not limited to, CalRecycle and/or its designated officer. Air or Water Pollution Violation The grantee shall not be: (a) In violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district. (b) Out of compliance with any final cease and desist order issued pursuant to Water Code Section 13301 for violation of waste discharge requirements or discharge prohibitions. (c) Finally determined to be in violation of provisions of federal law relating to air or water pollution. Amendment No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties, and approved as required. No oral understanding or agreement not incorporated into this Agreement is binding on any of the parties. This Agreement may be amended, modified or augmented by mutual consent of the parties, subject to the requirements and restrictions of this paragraph. Americans with Disabilities Act The grantee assures the state that it complies with the Americans with Disabilities Act of 1990 (ADA) (42 U.S.C.§ 12101 et seq.), which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. 55 CalRecycle’s Non-Competitive Grant Terms and Conditions – Revised 6/21/2022 2 Assignment, Successors, and Assigns (a) This Agreement may not be assigned by the grantee, either in whole or in part, without CalRecycle’s prior written consent. (b) The provisions of this Agreement shall be binding upon and inure to the benefit of CalRecycle, the grantee, and their respective successors and assigns. Audit/Records Access The grantee agrees that CalRecycle, the Department of Finance, the Bureau of State Audits, or their designated representative(s) shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. The grantee agrees to maintain such records for possible audit for a minimum of three (3) years after final payment date or grant term end date, whichever is later, unless a longer period of records retention is stipulated, or until completion of any action and resolution of all issues which may arise as a result of any litigation, dispute, or audit, whichever is later. The grantee agrees to allow the designated representative(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, the grantee agrees to include a similar right of the State to audit records and interview staff in any contract or subcontract related to performance of this Agreement. [It may be helpful to share the Terms and Conditions (Exhibit A) and Procedures and Requirements (Exhibit B) with your finance department, contractors and subcontractors. Examples of audit documentation include, but are not limited to: expenditure ledger, payroll register entries and time sheets, personnel expenditure summary form, travel expense log, paid warrants, contracts, change orders, invoices, and/or cancelled checks.] Authorized Representative The grantee shall continuously maintain a representative vested with signature authority authorized to work with CalRecycle on all grant-related issues. The grantee shall, at all times, keep the Grant Manager informed as to the identity and contact information of the authorized representative. Availability of Funds CalRecycle's obligations under this Agreement are contingent upon and subject to the availability of funds appropriated for this grant. Bankruptcy/Declaration of Fiscal Emergency Notification If the grantee files for protection under Chapter 9 of the U.S. Bankruptcy Code (11 U.S.C. §901 et seq.) or declares a fiscal emergency at any time during the Grant Term, the grantee shall notify CalRecycle within 15 days of such filing or declaration, pursuant to the procedures set forth in the section entitled “Communications” herein. 56 CalRecycle’s Non-Competitive Grant Terms and Conditions – Revised 6/21/2022 3 Charter Cities If the grantee is a charter city, a joint powers authority that includes one or more charter cities, or the regional lead for a regional program containing one or more charter cities, the grantee shall not receive any grant funding if such funding is prohibited by Labor Code section 1782. If it is determined that Labor Code section 1782 prohibits funding for the grant project, this Agreement will be terminated and any disbursed grant funds shall be returned to CalRecycle. Child Support Compliance Act For any agreement in excess of $100,000, the grantee acknowledges that: (a) The grantee recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Family Code Section 5200 et seq. (b) The grantee, to the best of its knowledge, is fully complying with the earnings assignment orders of all employees, and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department. Communications All communications from the grantee to CalRecycle shall be directed to the Grant Manager. All notices, including reports and payment requests, required by this Agreement shall be given in writing by email, letter, or fax to the Grant Manager as identified in the Procedures and Requirements (Exhibit B). If an original document is required, prepaid mail or personal delivery to the Grant Manager is required following the email or fax. Compliance The grantee shall comply fully with all applicable federal, state, and local laws, ordinances, regulations, and permits. The grantee shall provide evidence, upon request, that all local, state, and/or federal permits, licenses, registrations, and approvals have been secured for the purposes for which grant funds are to be expended. The grantee shall maintain compliance with such requirements throughout the Grant Term. The grantee shall ensure that the requirements of the California Environmental Quality Act are met for any approvals or other requirements necessary to carry out the terms of this Agreement. The grantee shall ensure that all of grantee’s contractors and subcontractors have all local, state, and/or federal permits, licenses, registrations, certifications, and approvals required to perform the work for which they are hired. Any deviation from the requirements of this section shall result in non- payment of grant funds. Conflict of Interest The grantee needs to be aware of the following provisions regarding current or former state employees. If the grantee has any questions on the status of any person 57 CalRecycle’s Non-Competitive Grant Terms and Conditions – Revised 6/21/2022 4 rendering services or involved with this Agreement, CalRecycle must be contacted immediately for clarification. Current State Employees (Pub. Contract Code, § 10410): (a) No officer or employee shall engage in any employment, activity, or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any state agency, unless the employment, activity, or enterprise is required as a condition of regular state employment. (b) No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services. Former State Employees (Pub. Contract Code, § 10411): (a) For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision-making process relevant to the contract while employed in any capacity by any state agency. (b) For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy-making position in the same general subject area as the proposed contract within the twelve month period prior to his or her leaving state service. If the grantee violates any provisions of above paragraphs, such action by the grantee shall render this Agreement void. (Pub. Contract Code, § 10420). Contractors/Subcontractors The grantee will be entitled to make use of its own staff and such contractors and subcontractors as are mutually acceptable to the grantee and CalRecycle. Any change in contractors or subcontractors must be mutually acceptable to the parties. Immediately upon termination of any such contract or subcontract, the grantee shall notify the Grant Manager. Nothing contained in this Agreement or otherwise, shall create any contractual relation between CalRecycle and any contractors or subcontractors of grantee, and no agreement with contractors or subcontractors shall relieve the grantee of its responsibilities and obligations hereunder. The grantee agrees to be as fully responsible to CalRecycle for the acts and omissions of its contractors and subcontractors and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the grantee. The grantee's obligation to pay its contractors and subcontractors is an independent obligation from CalRecycle’s obligation to make payments to the grantee. As a result, CalRecycle shall have no obligation to pay or to enforce the payment of any moneys to any contractor or subcontractor. Copyrights Grantee retains title to any copyrights or copyrightable material produced pursuant to this Agreement. grantee hereby grants to CalRecycle a royalty-free, nonexclusive, 58 CalRecycle’s Non-Competitive Grant Terms and Conditions – Revised 6/21/2022 5 transferable, world-wide license to reproduce, translate, and distribute copies of any and all copyrightable materials produced pursuant this Agreement, for nonprofit, non- commercial purposes, and to have or permit others to do so on CalRecycle’s behalf. Grantee is responsible for obtaining any necessary licenses, permissions, releases or authorizations to use text, images, or other materials owned, copyrighted, or trademarked by third parties and for extending such licenses, permissions, releases, or authorizations to CalRecycle pursuant to this section. Corporation Qualified to do Business in California When work under this Agreement is to be performed in California by a corporation, the corporation shall be in good standing and currently qualified to do business in the State. "Doing business" is defined in Revenue and Taxation Code Section 23101 as actively engaging in any transaction for the purpose of financial or pecuniary gain or profit. Discharge of Grant Obligations The grantee's obligations under this Agreement shall be deemed discharged only upon acceptance of the final report by CalRecycle. If the grantee is a non-profit entity, the grantee’s Board of Directors shall accept and certify as accurate the final report prior to its submission to CalRecycle. Disclaimer of Warranty CalRecycle makes no warranties, express or implied, including without limitation, the implied warranties of merchantability and fitness for a particular purpose, regarding the materials, equipment, services or products purchased, used, obtained and/or produced with funds awarded under this Agreement, whether such materials, equipment, services or products are purchased, used, obtained and/or produced alone or in combination with other materials, equipment, services or products. No CalRecycle employees or agents have any right or authority to make any other representation, warranty or promise with respect to any materials, equipment, services or products, purchased, used, obtained, or produced with grant funds. In no event shall CalRecycle be liable for special, incidental or consequential damages arising from the use, sale or distribution of any materials, equipment, services or products purchased or produced with grant funds awarded under this Agreement. Discretionary Termination The Director shall have the right to terminate this Agreement at his or her sole discretion at any time upon 30 days written notice to the grantee. Within 45 days of receipt of written notice, grantee is required to: (a) Submit a final written report describing all work performed by the grantee. (b) Submit an accounting of all grant funds expended up to and including the date of termination. (c) Reimburse CalRecycle for any unspent funds. Disputes In the event of a dispute regarding performance under this Agreement or interpretation of requirements contained therein, the grantee may, in addition to any other remedies 59 CalRecycle’s Non-Competitive Grant Terms and Conditions – Revised 6/21/2022 6 that may be available, provide written notice of the particulars of such dispute to the Branch Chief of Financial Resources Management Branch, Department of Resources Recycling and Recovery, PO Box 4025, Sacramento, CA 95812-4025. Such written notice must contain the grant number. Unless otherwise instructed by the Grant Manager, the grantee shall continue with its responsibilities under this Agreement during any dispute. Drug-Free Workplace Certification The person signing this Agreement on behalf of the grantee certifies under penalty of perjury under the laws of California, that the grantee will comply with the requirements of the Drug-Free Workplace Act of 1990 (Gov. Code, § 8350 et seq.) and will provide a drug-free workplace by taking the following actions: (a) Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions that will be taken against employees for violations. (b) Establish a drug-free awareness program to inform employees about all of the following: (1) The dangers of drug abuse in the workplace. (2) The grantee's policy of maintaining a drug-free workplace. (3) Any available counseling, rehabilitation, and employee assistance programs. (4) Penalties that may be imposed upon employees for drug abuse violations. (c) Require that each employee who works on the grant: (1) Receive a copy of the drug-free policy statement of the grantee. (2) Agrees to abide by the terms of such statement as a condition of employment on the grant. Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and grantee may be ineligible for award of any future State agreements if CalRecycle determines that the grantee has made a false certification, or violated the certification by failing to carry out the requirements as noted above. Effectiveness of Agreement This Agreement is of no force or effect until signed by both parties. Entire Agreement This Agreement supersedes all prior agreements, oral or written, made with respect to the subject hereof and, together with all attachments hereto, contains the entire agreement of the parties. Environmental Justice In the performance of this Agreement, the grantee shall conduct its programs, policies, and activities that substantially affect human health or the environment in a manner that ensures the fair treatment of people of all races, cultures, and income levels, including minority populations and low-income populations of the state. 60 CalRecycle’s Non-Competitive Grant Terms and Conditions – Revised 6/21/2022 7 Failure to Perform as Required by this Agreement CalRecycle will benefit from the grantee's full compliance with the terms of this Agreement only by the grantee's: (a) Investigation and/or application of technologies, processes, and devices which support reduction, reuse, and/or recycling of wastes. (b) Cleanup of the environment. (c) Enforcement of solid waste statutes and regulations, as applicable. Therefore, the grantee shall be in compliance with this Agreement only if the work it performs results in: (a) Application of information, a process, usable data or a product which can be used to aid in reduction, reuse, and/or recycling of waste. (b) The cleanup of the environment. (c) The enforcement of solid waste statutes and regulations, as applicable. If the Grant Manager determines that the grantee has not complied with the Grant Agreement, the grantee may forfeit the right to reimbursement of any grant funds not already paid by CalRecycle, including, but not limited to, the 10 percent withhold. In addition to forfeiture of grant funds, failure to perform as required by this Agreement may impact Grantee’s eligibility for future grants offered by CalRecycle. Force Majeure Neither CalRecycle nor the grantee, its contractors, vendors, or subcontractors, if any, shall be responsible hereunder for any delay, default, or nonperformance of this Agreement, to the extent that such delay, default, or nonperformance is caused by an act of God, weather, accident, labor strike, fire, explosion, riot, war, rebellion, sabotage, flood, or other contingencies unforeseen by CalRecycle or the grantee, its contractors, vendors, or subcontractors, and beyond the reasonable control of such party. Forfeit of Grant Funds/Repayment of Funds Improperly Expended If grant funds are not expended, or have not been expended, in accordance with this Agreement, or if real or personal property acquired with grant funds is not being used, or has not been used, for grant purposes in accordance with this Agreement, the Director, at his or her sole discretion, may take appropriate action under this Agreement, at law or in equity, including requiring the grantee to forfeit the unexpended portion of the grant funds, including, but not limited to, the 10 percent withhold, and/or to repay to CalRecycle any funds improperly expended. Generally Accepted Accounting Principles The grantee is required to use Generally Accepted Accounting Principles in documenting all grant expenditures. Grant Manager The Grant Manager’s responsibilities include monitoring grant progress, and reviewing and approving Grant Payment Requests and other documents delivered to CalRecycle pursuant to this Agreement. The Grant Manager may monitor grantee performance to 61 CalRecycle’s Non-Competitive Grant Terms and Conditions – Revised 6/21/2022 8 ensure that the grantee expends grant funds appropriately and in a manner consistent with the terms and conditions contained herein. The Grant Manager does not have the authority to approve any deviation from or revision to the Terms and Conditions (Exhibit A) or the Procedures and Requirements (Exhibit B), unless such authority is expressly stated in the Procedures and Requirements (Exhibit B). Grantee Accountability The grantee is ultimately responsible and accountable for the manner in which the grant funds are utilized and accounted for and the way the grant is administered, even if the grantee has contracted with another organization, public or private, to administer or operate its grant program. In the event an audit should determine that grant funds are owed to CalRecycle, the grantee is responsible for repayment of the funds to CalRecycle. Grantee's Indemnification and Defense of the State The grantee agrees to indemnify, defend and save harmless the state and CalRecycle, and their officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by the grantee as a result of the performance of this Agreement. Grantee's Name Change A written amendment is required to change the grantee's name as listed on this Agreement. Upon receipt of legal documentation of the name change, CalRecycle will process the amendment. Payment of Payment Requests presented with a new name cannot be paid prior to approval of the amendment. In Case of Emergency In the event of an emergency, or where there is an imminent threat to public health and safety or the environment, the grantee may choose, at its own risk, to incur grant- eligible expenses not previously included in the approved Budget, subject to subsequent approval by the Grant Manager of both the Budget change and the need to implement the Budget change on an emergency basis. The grantee shall notify the Grant Manager of the emergency and the Budget change at the earliest possible opportunity. CalRecycle reserves the right to accept or reject the grantee’s determination that the circumstances constituted an emergency or a threat to public health and safety or the environment. If the Grant Manager determines that the circumstances did not constitute an emergency or a threat to public health or safety, the Budget change will be disallowed. 62 CalRecycle’s Non-Competitive Grant Terms and Conditions – Revised 6/21/2022 9 Limited Waiver of Sovereign Immunity and Consent to Jurisdiction The Grantee expressly and irrevocably waives sovereign immunity (and any defenses based thereon) in favor of CalRecycle, but not as to any other person or entity, as to any dispute which specifically arises under this Agreement and not as to any other action, matters or disputes. The Grantee does not waive its sovereign immunity with respect to (i) actions by third parties, except for parties acting on behalf of, under authorization from the Grantee or CalRecycle, or (ii) disputes between the Grantee and CalRecycle which do not specifically arise under this Agreement. The Grantee further agrees that exhaustion of tribal administrative remedies, including before any tribal court, shall not be required prior to proceeding to filing a complaint in the appropriate court of law; and The Grantee and CalRecycle agree that any monetary damages awarded or arising under this Agreement shall be exclusively limited to actual direct damages incurred based on obligations contained in this Agreement that have been demonstrated with substantial certainty and which do not, in any event, exceed the total amount of the award under this Agreement. The Grantee and CalRecycle agree not to assert any claim for damages, injunctive, or other relief which is not consistent with the provisions of this Agreement; and The Grantee and CalRecycle may seek, and the Grantee may seek after it has exhausted any available remedy through the Government Claims Program and the Program so approves, judicial review for breach of contract in the State Superior Court for Sacramento County, including any appellate proceedings. The Grantee and CalRecycle expressly consent to the jurisdiction of such Court, provided that: (a) No person or entity other than the Grantee and CalRecycle is a party to the action, unless failure to join a third party would deprive the court of jurisdiction; provided, however, that nothing herein shall be construed to constitute a waiver of the sovereign immunity of the Grantee or CalRecycle in respect to any such third party. (b) The judgment so entered has the same force and effect as, and is subject to all the provisions of law relating to, a judgment in a civil action, and may be enforced like any other judgment of the court in which it is entered. Nothing in this Agreement shall be construed to constitute a waiver of the sovereign immunity of the Grantee with respect to intervention by any additional party not deemed an indispensable party to the proceeding. Unless otherwise agreed by the Grantee and CalRecycle, any dispute resolution meetings or communications, or mediation, shall be in the context of a settlement discussion to potential litigation and remain confidential to the extent not prohibited by applicable law. 63 CalRecycle’s Non-Competitive Grant Terms and Conditions – Revised 6/21/2022 10 No Agency Relationship Created/Independent Capacity The grantee and the agents and employees of grantee, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of CalRecycle. No Waiver of Rights CalRecycle shall not be deemed to have waived any rights under this Agreement unless such waiver is given in writing and signed by CalRecycle. No delay or omission on the part of CalRecycle in exercising any rights shall operate as a waiver of such right or any other right. A waiver by CalRecycle of a provision of this Agreement shall not prejudice or constitute a waiver of CalRecycle’s right otherwise to demand strict compliance with that provision or any other provision of this Agreement. No prior waiver by CalRecycle, nor any course of dealing between CalRecycle and grantee, shall constitute a waiver of any of CalRecycle’s rights or of any of grantee’s obligations as to any future transactions. Whenever the consent of CalRecycle is required under this Agreement, the granting of such consent by CalRecycle in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of CalRecycle. Non-Discrimination Clause (a) During the performance of this Agreement, grantee and its contractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment on the bases enumerated in Government Code Section 12900 et seq. (b) The person signing this Agreement on behalf of the grantee certifies under penalty of perjury under the laws of California that the grantee has, unless exempted, complied with the nondiscrimination program requirements (Gov. Code, § 12990, subd. (a-f) and California Code of Regulations, Title 2, Section 8103). (Not applicable to public entities.) Order of Precedence The performance of this grant shall be conducted in accordance with the Terms and Conditions (Exhibit A), Procedures and Requirements (Exhibit B), Project Summary/Statement of Use, Work Plan, and Budget of this Agreement, or other combination of Exhibits specified on the Grant Agreement Coversheet attached hereto (collectively referred to as “Terms”). Grantee’s CalRecycle-approved Application (Grantee’s Application) is hereby incorporated herein by this reference. In the event of conflict or inconsistency between the articles, exhibits, attachments, specifications or provisions that constitute this Agreement, the following order of precedence shall apply: (a) Grant Agreement Coversheet and any Amendments thereto (b) Terms and Conditions (c) Procedures and Requirements (d) Project Summary/Statement of Use (e) Budget (f) Work Plan (g) Grantee’s Application (h) All other attachments hereto, including any that are incorporated by reference. 64 CalRecycle’s Non-Competitive Grant Terms and Conditions – Revised 6/21/2022 11 Ownership of Drawings, Plans and Specifications The grantee shall, at the request of CalRecycle or as specifically directed in the Procedures and Requirements (Exhibit B), provide CalRecycle with copies of any data, drawings, design plans, specifications, photographs, negatives, audio and video productions, films, recordings, reports, findings, recommendations, and memoranda of every description or any part thereof, prepared under this Agreement. Grantee hereby grants to CalRecycle a royalty-free, nonexclusive, transferable, world-wide license to reproduce, translate, and distribute copies of any and all such materials produced pursuant to this Agreement, for nonprofit, non-commercial purposes, and to have or permit others to do so on CalRecycle’s behalf. Payment (a) The approved Budget, if applicable, is attached hereto and incorporated herein by this reference and states the maximum amount of allowable costs for each of the tasks identified in the Work Plan, if applicable, which is attached hereto and incorporated herein by this reference. CalRecycle shall reimburse the grantee for only the work and tasks specified in the Work Plan or the Grantee’s Application at only those costs specified in the Budget and incurred in the term of the Agreement. (b) The grantee shall carry out the work described in the Work Plan or in the Grantee’s Application in accordance with the approved Budget, and shall obtain the Grant Manager’s written approval of any changes or modifications to the Work Plan, approved project as described in the Grantee’s Application or the approved Budget prior to performing the changed work or incurring the changed cost. If the grantee fails to obtain such prior written approval, the Director, at his or her sole discretion, may refuse to provide funds to pay for such work or costs. (c) The grantee shall request reimbursement in accordance with the procedures described in the Procedures and Requirements (Exhibit B). (d) Ten percent will be withheld from each Payment Request and paid at the end of the grant term, when all reports and conditions stipulated in this Agreement have been satisfactorily completed. Failure by the grantee to satisfactorily complete all reports and conditions stipulated in this Agreement may result in forfeiture of any such funds withheld pursuant to CalRecycle’s 10 percent) retention policy. (e) Lodgings, Meals and Incidentals: Grantee’s Per Diem eligible costs are limited to the amounts authorized in the California State Administrative Manual (contact the Grant Manager for more information). (f) Payment will be made only to the grantee. (g) Reimbursable expenses shall not be incurred unless and until the grantee receives a Notice to Proceed as described in the Procedures and Requirements (Exhibit B). Personnel Costs If there are eligible costs pursuant to Exhibit B, Procedures and Requirements, any personnel expenditures to be reimbursed with grant funds must be computed based on actual time spent on grant-related activities and on the actual salary or equivalent hourly wage the employee is paid for his or her regular job duties, including a proportionate 65 CalRecycle’s Non-Competitive Grant Terms and Conditions – Revised 6/21/2022 12 share of any benefits to which the employee is entitled, unless otherwise specified in the Procedures and Requirements (Exhibit B). Real and Personal Property Acquired with Grant Funds (a) All real and personal property, including equipment and supplies, acquired with grant funds shall be used by the grantee only for the purposes for which CalRecycle approved their acquisition for so long as such property is needed for such purposes, regardless of whether the grantee continues to receive grant funds from CalRecycle for such purposes. In no event shall the length of time during which such property, including equipment and supplies, acquired with grant funds, is used for the purpose for which CalRecycle approved its acquisition be less than five (5) years after the end of the grant term, during which time the property, including equipment and supplies, must remain in the State of California. (b) Subject to the obligations and conditions set forth in this section, title to all real and personal property acquired with grant funds, including all equipment and supplies, shall vest upon acquisition in the grantee. The grantee may be required to execute all documents required to provide CalRecycle with a security interest in any real or personal property, including equipment and supplies, and it shall be a condition of receiving this grant that CalRecycle shall be in first priority position with respect to the security interest on any such property acquired with the grant funds, unless pre- approved in writing by the Grant Manager that CalRecycle will accept a lower priority position with respect to the security interest on the property. Grantee shall inform any lender(s) from whom it is acquiring additional funding to complete the property purchase of this grant condition. (c) The grantee may not transfer Title to any real or personal property, including equipment and supplies, acquired with grant funds to any other entity without the express authorization of CalRecycle. Grantee’s violation of this provision shall result in Grantee’s reimbursement to CalRecycle of the amount of grant funds used to purchase said equipment and supplies. (d) CalRecycle will not reimburse the grantee for the acquisition of equipment that was previously purchased with CalRecycle grant funds, unless the acquisition of such equipment with grant funds is pre-approved in writing by the Grant Manager. In the event of a question concerning the eligibility of equipment for grant funding, the burden will be on the grantee to establish the pedigree of the equipment. Reasonable Costs A cost is reasonable if, in its nature or amount, it does not exceed that which would be incurred by a prudent person under the circumstances prevailing at the time the decision was made to incur the cost. Consideration will be given to: (a) Whether the cost is of a type generally recognized as ordinary and necessary for the performance of the grant. (b) The restraints or requirements imposed by such factors as generally accepted sound business practices, arms-length bargaining, federal and state laws and regulations, and the terms and conditions of this Agreement. (c) Whether the individuals concerned acted with prudence in the circumstances, considering their responsibilities to the organization, its members, employees, clients, and the public at large. 66 CalRecycle’s Non-Competitive Grant Terms and Conditions – Revised 6/21/2022 13 (d) Significant deviations from the established practices of the organization which may unjustifiably increase the grant costs. Recycled-Content Paper All documents submitted by the grantee must be printed double-sided on recycled- content paper containing 100 percent post-consumer fiber. Specific pages containing full color photographs or other ink-intensive graphics may be printed on photographic paper. Reduction of Waste In the performance of this Agreement, grantee shall take all reasonable steps to ensure that materials purchased or utilized in the course of the project are not wasted. Steps should include, but not be limited to: the use of used, reusable, or recyclable products; discretion in the amount of materials used; alternatives to disposal of materials consumed; and the practice of other waste reduction measures where feasible and appropriate. Reduction of Waste Tires Unless otherwise provided for in this Agreement, in the performance of this Agreement, for all purchases made with grant funds, including, but not limited to equipment and tire- derived feedstock, the grantee shall purchase and/or process only California waste tires and California waste tire-derived products. As a condition of final payment under this Agreement, the grantee must provide documentation substantiating the source of the tire materials used during the performance of this Agreement to the Grant Manager. Reimbursement Limitations Under no circumstances shall the grantee seek reimbursement pursuant to this Agreement for a cost or activity that has been or will be paid for through another funding source. The grantee shall not seek reimbursement for any costs used to meet cost sharing or matching requirements of any other CalRecycle funded program. All costs charged against the Agreement shall be net of all applicable credits. The term “applicable credits” refers to those receipts or reductions of expenditures that operate to offset or reduce expense items that are reimbursable under this Agreement. Applicable credits may include, but are not necessarily limited to, rebates or allowances, discounts, credits toward subsequent purchases, and refunds. Grantee shall, where possible, deduct the amount of the credit from the amount billed as reimbursement for the cost, or shall deduct the amount of the credit from the total billed under a future invoice. Reliable Contractor Declaration Prior to authorizing any contractor or subcontractor to commence work under this Grant, the grantee shall submit to CalRecycle a Reliable Contractor Declaration (CalRecycle 168) from the contractor or subcontractor, signed under penalty of perjury, disclosing whether of any of the events listed in Section 17050 of Title 14, California Code of Regulations, Natural Resources (https://www.calrecycle.ca.gov/laws/regulations/title14), Division 7, has occurred with respect to the contractor or subcontractor within the 67 CalRecycle’s Non-Competitive Grant Terms and Conditions – Revised 6/21/2022 14 preceding three (3) years. If a contractor is placed on CalRecycle’s Unreliable List after award of this Grant, the grantee may be required to terminate that contract. Remedies Unless otherwise expressly provided herein, the rights and remedies hereunder are in addition to, and not in limitation of, other rights and remedies under this Agreement, at law or in equity, and exercise of one right or remedy shall not be deemed a waiver of any other right or remedy. Self-Dealing and Arm’s Length Transactions All expenditures for which reimbursement pursuant to this Agreement is sought shall be the result of arm’s-length transactions and not the result of, or motivated by, self-dealing on the part of the grantee or any employee or agent of the grantee. For purposes of this provision, “arm’s-length transactions” are those in which both parties are on equal footing and fair market forces are at play, such as when multiple vendors are invited to compete for an entity’s business and the entity chooses the lowest of the resulting bids. “Self-dealing” is involved where an individual or entity is obligated to act as a trustee or fiduciary, as when handling public funds, and chooses to act in a manner that will benefit the individual or entity, directly or indirectly, to the detriment of, and in conflict with, the public purpose for which all grant monies are to be expended. Severability If any provisions of this Agreement are found to be unlawful or unenforceable, such provisions will be voided and severed from this Agreement without affecting any other provision of this Agreement. To the full extent, however, that the provisions of such applicable law may be waived, they are hereby waived to the end that this Agreement be deemed to be a valid and binding agreement enforceable in accordance with its terms. Site Access The grantee shall allow the state to access sites at which grant funds are expended and related work being performed at any time during the performance of the work and for ninety (90) days after completion of the work, or until all issues related to the grant project have been resolved. Stop Work Notice Immediately upon receipt of a written notice from the Grant Manager to stop work, the grantee shall cease all work under this Agreement. Termination for Cause CalRecycle may terminate this Agreement and be relieved of any payments should the grantee fail to perform the requirements of this Agreement at the time and in the manner herein provided. In the event of such termination, CalRecycle may proceed with the work in any manner deemed proper by CalRecycle. All costs to CalRecycle shall be deducted from any sum due the grantee under this Agreement. Termination pursuant to 68 CalRecycle’s Non-Competitive Grant Terms and Conditions – Revised 6/21/2022 15 this section may result in forfeiture by the grantee of any funds retained pursuant to CalRecycle’s 10 percent retention policy. Time is of the Essence Time is of the essence to this Agreement. Tolling of Statute of Limitations The statute of limitations for bringing any action, administrative or civil, to enforce the terms of this Agreement or to recover any amounts determined to be owing to CalRecycle as the result of any audit of the grant covered by this Agreement shall be tolled during the period of any audit resolution, including any appeals by the grantee to the Director. Union Organizing By signing this Agreement, the grantee hereby acknowledges the applicability of Government Code Sections 16645, 16645.2, 16645.8, 16646, 16647, and 16648 to this Agreement and hereby certifies that: (a) No grant funds disbursed by this grant will be used to assist, promote, or deter union organizing by employees performing work under this Agreement. (B) If the grantee makes expenditures to assist, promote, or deter union organizing, the grantee will maintain records sufficient to show that no state funds were used for those expenditures, and that grantee shall provide those records to the Attorney General upon request. Venue/Choice of Law (a) All proceedings concerning the validity and operation of this Agreement and the performance of the obligations imposed upon the parties hereunder shall be held in Sacramento County, California. The parties hereby waive any right to any other venue. The place where the Agreement is entered into and place where the obligation is incurred is Sacramento County, California. (b) The laws of the State of California shall govern all proceedings concerning the validity and operation of this Agreement and the performance of the obligations imposed upon the parties hereunder. Waiver of Claims and Recourse against the State The grantee agrees to waive all claims and recourse against the state, its officials, officers, agents, employees, and servants, including, but not limited to, the right to contribution for loss or damage to persons or property arising out of, resulting from, or in any way connected with or incident to this Agreement. This waiver extends to any loss incurred attributable to any activity undertaken or omitted pursuant to this Agreement or any product, structure, or condition created pursuant to, or as a result of, this Agreement. 69 CalRecycle’s Non-Competitive Grant Terms and Conditions – Revised 6/21/2022 16 Work Products Grantee shall provide CalRecycle with copies of all final products identified in the Work Plan. Grantee shall also provide CalRecycle with copies of all public education and advertising material produced pursuant to this Agreement. Workers’ Compensation/Labor Code The grantee is aware of Labor Code Section 3700, which requires every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the Labor Code, and the grantee agrees to comply with such provisions before commencing the performance of the work of this Agreement. 70 Agenda Item No.: 8.G Mtg. Date: 12/14/2023 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:JOHN SIGNO, DIRECTOR OF PLANNING & COMMUNITY SERVICES THRU:KARINA BAÑALES SUBJECT: ADOPT RESOLUTION NO. 1354 EXTENDING THE CITY'S DEADLINE FOR POST-ENTITLEMENT PHASE ONLINE PERMITTING SYSTEM TO JANUARY 1, 2026 DATE:December 14, 2023 BACKGROUND: California Assembly Bill 2234 (“AB 2234”) took effect on January 1, 2023. AB 2234 added sections 65913.3 and 65913.3.5 to the Government Code and, most notably, extends elements similar to those of the Permit Streamlining Act to a local agency’s review of ministerial “post-entitlement phase permit” applications for housing development project. Under AB 2234, post-entitlement phase permits are all nondiscretionary permits and reviews filed after the entitlement process has been completed that are required or issued by the local agency to begin construction of a development that will be at least two-thirds residential. Examples of post-entitlement phase permits include, but are not limited to: (i) building permits; (ii) permits of minor or standard off-site improvements; (iii) permits for demolition; or (iv) permits for minor or standard excavation and grading. AB 2234 imposes numerous requirements on a local agency’s review and processing of a post-entitlement phase permit application, including: 71 (1) posting application checklists and examples online; (2) time limits to determine whether an application is complete; (3) time limits to approve or deny an application; (4) providing an applicant with the right to appeal the local agency’s decision; and (5) implementing an online permitting system. This item before the City Council this evening concerns item (5) above, AB 2234’s online permitting system requirement. DISCUSSION: Among other things, AB 2234 requires local agencies that are located in counties with a population of 250,000 or greater to implement an online permitting system that allows applicants to apply for, check the status of, complete and retrieve post-entitlement phase permits. Local agencies in counties with a population of less than 250,000 are exempt from this online permitting system requirement. For local agencies in counties with a population or 250,000 or greater, the deadline to comply with AB 2234’s online permitting system requirement is: (i) January 1, 2024 if the local agency has a population of 75,000 or greater or is located in a county with a population of 1.1 million or greater; or (ii) January 1, 2028 for all local agencies not covered by (i). The City of Rolling Hills is subject to the January 1, 2024 deadline because it sits in a county with a population of 1.1 million or greater, Los Angeles County. AB 2234 authorizes any local agency subject to the January 1, 2024 deadline to give itself an extension of up to two years (i.e., to January 1, 2026) if its legislative body does both of the following before January 1, 2024: (1) makes a written finding that adopting an online permitting system by January 1, 2024, would require substantial increases in permitting fees; and (2) has initiated a procurement process for the purpose of complying with the online permitting system requirement. Implementing an online permitting system by the January 1, 2024 deadline would present several financial and logistical burdens for the City that, in turn, would require a substantial increase in permitting fees. There would be a substantial increase in permitting fees because the City would need to hire a third party vendor to implement such system, which costs would have to be passed on to applicants. The City is seeking to initiate new compliant permitting system software, but the procurement process will substantially increase permitting fees if it is to occur on a short timeframe, and may result in additional software costs, which would need 72 to be reflected in the fees imposed on applicants. The resolution attached as Attachment 1 makes the requisite findings and, if adopted by the City Council, will extend the City’s deadline to comply with AB 2234’s online permitting system requirement to January 1, 2026. As required by AB 2234, the resolution also includes a direction to staff to initiate the procurement process necessary to comply with this requirement. This process will be conducted in accordance with state law and the City’s applicable procurement policies. For the reasons provided above, staff recommends that the City Council adopt the attached resolution. FISCAL IMPACT: None, provided that if the City were to comply with AB 2234 by the Jan 1, 2024 deadline, it would present several financial and logistical burdens on the City which would require a substantial increase in permitting fees. RECOMMENDATION: Approve as presented. ATTACHMENTS: ResolutionNo1354_AB2234_Extension_F.pdf 73 55852.00002\41735539.2 -1- RESOLUTION NO. 1354 A RESOLUTION OF THE CITY COUNCIL OF THE CITY ROLLING HILLS, CALIFORNIA EXTENDING THE DEADLINE TO ESTABLISH AN ONLINE PERMITTING SYSTEM FOR POST-ENTITLEMENT PHASE PERMITS UNDER CALIFORNIA GOVERNMENT CODE SECTION 65913.3.5 (AB 2234) WHEREAS, California Assembly Bill 2234 (“AB 2234”) added sections 65913.3 and 65913.3.5 to the Government Code and took effect on January 1, 2023; and WHEREAS, AB 2234 extends elements similar to those of the Permit Streamlining Act to a local agency’s review of ministerial “post-entitlement phase permit” applications for housing development projects; and WHEREAS, under AB 2234, a “post-entitlement phase permit” includes all nondiscretionary permits and reviews that are required or issued by the local agency after the entitlement process has been completed to begin construction of a development that is intended to be at least two-thirds residential. Examples include, among other things, building permits, demolition permits, and permits for minor or standard excavation and grading; and WHEREAS, in addition to above, AB 2234 requires local agencies that are located in counties with a population of 250,000 or greater to implement an online permitting system that allows applicants to apply for, check the status of, complete and retrieve post-entitlement phase permits (local agencies in counties with a population of less than 250,000 are exempt from this online permitting system requirement); and WHEREAS, for local agencies in counties with a population or 250,000 or greater, the deadline to comply with AB 2234’s online permitting system requirement is: (1) January 1, 2024 if the local agency has a population of 75,000 or greater or is located in a county with a population of 1.1 million or greater; or (2) January 1, 2028 for all local agencies not covered by (1); and WHEREAS, the City of Rolling Hills (“City”) is subject to the January 1, 2024 deadline because the population of the county in which it sits, Los Angeles County, exceeds 1.1 million people; and WHEREAS, any local agency subject to the January 1, 2024 deadline may give itself an extension of up to two years (i.e., to January 1, 2026) if its legislative body does both of the following before January 1, 2024: (1) makes a written finding that adopting an online permitting system by January 1, 2024, would require substantial increases in permitting fees; and (2) has initiated a procurement process for the purpose of complying with the online permitting system requirement; and 74 55852.00002\41735539.2 -2- WHEREAS, the City desires to extend its deadline to comply with AB 2234’s online permitting system requirement to January 1, 2026; and NOW, THEREFORE, the City Council of the City of Rolling Hills does hereby resolve as follows: SECTION 1. Recitals. The City Council hereby finds and determines that the recitals above are true and correct and are each incorporated by reference and adopted as findings by the City Council. SECTION 2. CEQA. The City Council hereby finds that the adoption of this resolution is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly SECTION 3. AB 2234 Findings; Direction to Staff. In accordance with Government Code section 65913.3.5(a)(2)(A)-(B): 1. Substantial Increase in Permitting Fees. The City Council hereby finds that implementing an online permitting system by January 1, 2024 would require substantial increases in the City’s permitting fees because the City would need to hire a third party vendor to implement such system, which costs would have to be passed on to applicants. The City is seeking to initiate new compliant permitting system software, but the procurement process will substantially increase permitting fees if it is to occur on a short timeframe, and may result in additional software costs, which would need to be reflected in the fees imposed on applicants. 2. Initiat ion of Procurement Process. The City Council hereby directs staff to initiate the procurement process necessary to comply with AB 2234’s online permitting system requirements. Such process shall be in accordance with state law and the City’s applicable procurement policies. SECTION 4. Extension. The City Council hereby elects to extend its deadline to implement an online permitting system to January 1, 2026. SECTION 5. Effective Date. This resolution shall become effective immediately upon its adoption. SECTION 6. Certification. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. 75 55852.00002\41735539.2 -3- PASSED AND ADOPTED this 14th day of December, 2023. _______________________________ Patrick Wilson, Mayor ATTEST _________________________________ Christian Horvath, City Clerk APPROVED AS TO FORM _________________________________ Patrick Donegan, City Attorney 76 Agenda Item No.: 8.H Mtg. Date: 12/14/2023 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:JOHN SIGNO, DIRECTOR OF PLANNING & COMMUNITY SERVICES THRU:KARINA BAÑALES 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 THAT THE PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT DATE:December 14, 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 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 in an outdoor siren system. In a 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 asked that a street-level map of Solution A and Solution B be 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: 77 City Hall; Fire Station 106 (12 Crest Road West); Cal Water Facility (3960 Crest Road); and 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 siren pole locations would allow the majority of the residents to hear the siren at 70 decibels. HQE System Inc. indicated that the 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 October 23, 2023, staff presented the plans for City Council approval, but the Council directed staff to modify the Crest Road West location in order to not affect the southward- facing view corridor. Staff also relocated the City Hall Campus pole based on discussions with the City of Rolling Hills Estates. These new locations were presented at the November 13, 2023 City Council meeting as an update and were amenable to the Council. 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 revised 50-foot-high pole location will be on the northeast side of the City Council Chambers adjacent to the parking lot where there are currently hedges. This is roughly 50 feet from the originally proposed location near Palos Verdes Drive North, which was in the Rolling Hills Estates easement. 2. Crest Road West Adjacent to Fire Station 56 : The revised location along Crest Road West will remain within the RHCA roadway easement but further east behind a tree and closer to the fire station. RHCA has requested that it be placed away from the roadway for safety and aesthetics. The proposed location is still on a downslope from the street but higher than the original location. As such, the pole is expected to be 50 feet tall as opposed to the original height of 70 feet. 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 to install the pole, but it will be replaced. Wooden Poles It should be noted that the poles approved by the City Council are wooden poles, which require conduits to run up the side of the poles. The conduit and other equipment will be 78 painted so they are less obtrusive. Pole Height The new location for the pole on Crest Road West will be at a higher elevation than the original location, which means a shorter pole can be used. As such, a standard Class 3 pole, which is 50 feet high above grade, is needed. The original location would have required a longer Class 1 pole, which must be customized and is more expensive. The approved budget covers the new location. 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 replacing or reconstructing 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. The City spent $3,500 on the initial Feasibility Study. Another $1,900 was spent coordinating with Cal Water on potential siren pole locations within the community. The 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 the 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 the Council approved. This leaves $29,405 from the original allocation. RECOMMENDATION: Approve as presented. ATTACHMENTS: PW_OutdoorSirenSystem_Plans_231206.pdf CL_AGN_230706_HQE_SirenInstallation_F_A2_E.pdf PW_OutdoorSirenSystem_Photos_231205.pdf 79 INSTALLATION DESIGN PLAN (IDP)CITY OF ROLLING HILLSMNS INSTALLATIONCITY OF ROLLING HILLS, CACUICUICUICUI100% SUBMITTAL 12/06/23 80 100% SUBMITTAL 12/06/23 CUICUICUICUI81 CUICUICUICUI100% SUBMITTAL 12/06/23 82 CUICUICUICUI100% SUBMITTAL 12/06/23 83 100% SUBMITTAL 12/06/23 CUICUICUICUI84 100% SUBMITTAL 12/06/23 CUICUICUICUI85 100% SUBMITTAL 12/06/23 CUICUICUICUI86 CUICUICUICUI100% SUBMITTAL 12/06/23 87 CUICUICUICUIC:\U se rs\HQE -CAD\OneD rive \Ins tal lat ion Design Plans (IDP) \PDF Images \18 Horn Tower3003 .png 100% SUBMITTAL 12/06/23RENOGY SOLARPANELS (MODEL TBD)12" MIN FROMSURFACE24" MIN88 CUICUICUICUI100% SUBMITTAL 12/06/23C:\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" MIN89 CUICUICUICUI100% SUBMITTAL 12/06/23C:\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" MIN90 CUICUICUICUI100% SUBMITTAL 12/06/23 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 SIREN LOCATION AT CITY HALL *Approximate height and location New Location Previous Location 114 SIREN LOCATION AT CREST ROAD WEST NEAR FIRE STATION *Approximate height and location New Location Previous Location New Location Previous Location 115 SIREN LOCATION OUTSIDE CREST ROAD EAST GATE *Approximate height and location 116 Agenda Item No.: 8.I Mtg. Date: 12/14/2023 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO CITY MANAGER THRU:KARINA BAÑALES SUBJECT:APPROVE RE-APPOINTMENTS TO THE PLANNING & TRAFFIC COMMISSIONS FOR THE TERM BEGINNING JANUARY 2, 2024 AND EXPIRING JANUARY 1, 2028 DATE:December 14, 2023 BACKGROUND: The City of Rolling Hills commission appointment process for filling expiring terms calls for the incumbents and public to be informed of the openings prior to the expiration of terms. On October 23, 2023, the City Council reviewed the appointment timeline, and the official local appointment list, per the Maddy Act, was posted at City Hall. On October 24, 2023, letters were mailed to incumbents advising of the Commission reappointment process. The public was noticed via the Blue Newsletter and City Website of the openings and the timeline process. On November 21, 2023, at 12 p.m., the period to receive letters of interest ended. On November 28, 2023, the City Council Personnel Committee (Councilmember Pieper and Councilmember Dieringer) conducted interviews with new Commission candidates. The below list shows the Commissioners whose terms are expiring along with 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 117 DISCUSSION: Upon completion of the noticing period and the November 21, 2023 due date for letters of interest, staff had only received two submissions from both incumbents: Chelf and Cardenas. For the Traffic Commission, staff received submissions from incumbents Margeta and Virtue, and a submission from Mr. Roger Hawkins. Mr. Hawkins was interviewed on November 28, 2023. The Personnel Committee recommended the re-appointment of Planning Commissioners Chelf and Cardenas and Traffic Commissioners Margeta and Virtue. FISCAL IMPACT: None. RECOMMENDATION: Approve the re-appointment of Planning Commissioners Chelf and Cardenas and Traffic Commissioners Margeta and Virtue. ATTACHMENTS: 118 Agenda Item No.: 10.A Mtg. Date: 12/14/2023 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:JOHN SIGNO, DIRECTOR OF PLANNING & COMMUNITY SERVICES THRU:KARINA BAÑALES SUBJECT: ZONING CASE NO. 23-105: VARIANCE REQUEST FOR CONSTRUCTION OF A PORTION OF A RESIDENTIAL ADDITION TO ENCROACH INTO THE FRONT YARD SETBACK FOR A PROPERTY LOCATED AT 7 PINE TREE LANE (LOT 86-RH) (MIRTORABI), AND FINDING THE ACTION EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT DATE:December 14, 2023 BACKGROUND: On November 21, 2023, the Planning Commission unanimously voted 4-0 to adopt Resolution No. 2023-14 approving Zoning Case No. 23-105 for the proposed project. Applicants' Request On August 14, 2023, an application was duly filed by Azam and Mostafa Mirtorabi (“Applicants”) with respect to real property located at 7 Pine Tree Lane, Rolling Hills (LOT 86- RH) requesting a Variance for a portion of a 770-square-foot addition to encroach into the 50- foot front yard setback. More specifically, the Applicants request a Variance for approximately 280 square feet (32%) of the proposed addition to encroach 18.3 feet into the 50-foot front yard setback. The proposed addition has a maximum height of 13.4 feet. Subject Property The lot is a wide-shaped parcel zoned RAS-2 with a net lot area of 6.14 acres (267,832 square feet). The property includes a 25-foot-wide roadway easement along Pine Tree Lane. 119 The lot is approximately 900 feet wide by 290 feet deep. There are two building pads: a main residential building pad (Pad 1) and a stable pad (Pad 2). The lot is developed with a 3,912- square-foot main residence, 600-square-foot attached garage, 965-square-foot stable, 1,418- square-foot chicken coop, 690-square-foot pool/spa, 24-square-foot pool equipment, 88- square-foot breezeway, 377-square-foot storage sheds, 175-square-foot basement, and 160- square-foot service yard. The property is accessible from a driveway apron that fronts onto the east side of Pine Tree Lane. The long driveway extends all around the north and east of the main residence, leading into the 3,800-square-foot motor court and three-car garage. The west wing of the main residence is located in the front yard setback. DISCUSSION: A. Variance Since the proposed addition is only 770 square feet, it would typically be approved administratively without Planning Commission review because it is under 1,000 square feet. However, because a portion encroaches into the front yard setback, a variance request is required subject to Planning Commission approval. The Rolling Hills Municipal Code requires a Variance application and approval for the proposed portion of the addition to encroach into the required 50-foot front yard setback. The project includes items that are typically part of Ministerial Review: a 770-square-foot addition, a 390-square-foot new walkway, and 10 cubic yards of grading to be balanced onsite (5 CY cut and 5 CY fill). MUNICIPAL CODE COMPLIANCE Setbacks The project requires a variance request to encroach into the front yard setback. Lot Coverage and Building Pad Coverage The Project complies with the Development Standards in the Rolling Hills Municipal Zoning Code. The existing structural coverage is 7,272 square feet or 2.72%, and the project proposes a net of 770 square feet or 0.29%, for a total of 8,042 square feet or 3.00%. This is still under the maximum allowed 20% structural coverage. The existing flatwork coverage is 120 19,906 square feet or 7.43%, and the project proposes 390 square feet for a total of 20,296 square feet or 7.57%. This is still under the maximum allowable 15% structural coverage. The existing structural and flatwork coverage is 28,338 square feet or 10.58%, and the project increases that by 1,160 square feet or 0.43%. The total overall structural and flatwork coverage will result in 28,580 square feet or 10.6%, which is still well under the maximum allowed 35% structural and flatwork coverage. Disturbance The existing disturbed area is 90,573 square feet or 33.82% which is still below the maximum allowed 40%. There is no increase in disturbance because the proposed project is in an already disturbed area. Neighbor Concerns No public comments have been received on the date of publication of this Agenda item. There was a neighbor who attended the field trip but did not have any concerns. Review by RHCA The Rolling Hills Community Association has already reviewed the project. Field Visit On November 21, 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. A neighbor attended the field trip but did not have any concerns. The Applicant, Mrs. Mirtorabi, attended the field trip and evening meeting in support of the project. Environmental Review 121 The project has been determined to be categorically exempt pursuant to the California Environmental Quality Act (CEQA) pursuant to Section 15303(e) (New Construction or Conversion of Small Structures) of the CEQA Guidelines, which exempts accessory structures. CRITERIA FOR VARIANCE 17.38.050 - Required findings. In granting a variance, the Commission (and Council on appeal) must make the following findings: A. 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; B. 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; C. That the granting of such variance will not be materially detrimental to the public welfare or injurious to properties or improvements in the vicinity; D. That in granting the variance, the spirit and intent of this title will be observed; E. That the variance does not grant special privilege to the applicant; F. 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 G. That the variance request is consistent with the General Plan of the City of Rolling Hills. H. (Ord. 239 §11(part), 1993). FISCAL IMPACT: None. RECOMMENDATION: Receive and file. ATTACHMENTS: ATTACHMENT 1_PL_ADR_231116_1: Vicinity Map ATTACHMENT2_PL_ADR_231116: Development Table ATTACHMENT3_PL_ADR_231116: Photos ATTACHMENT4_2023-14_PC_Resolution_7PineTreeLane_ZC23-105_Miratobi_F_E.pdf ATTACHMENT5:_PL_ADR_231116 Development Plans 122 City of Rolling Hills TITLE VICINITY MAP CASE NO. ZONING CASE NO. 23-105 VARIANCE OWNER MIRTORABI ADDRESS 7 PINE TREE LANE, ROLLING HILLS, CA 90274 SITE 1,000 ft. 123 Development Table Zoning Case No. 23-105 7 Pine Tree Lane VARIANCE EXISTING PROPOSED TOTAL RA-S- 2 Zone SINGLE FAMILY RESIDENCE , ATTACHED GARAGE POOL/SPA, POOL EQUIPMENT, STABLE, TRELLIS, SERVICE YARD, CHICKEN COOP BASEMENT AND SHEDS 770 SF RESIDENTIAL ADDITION TO MAIN HOUSE, 390 NEW WALKWAYS, AND 10 CY GRADING Net Lot Area 267,832 SF 267,832 SF Residence 3,912 SF 770 SF 4,512 SF Attached Garage 600 SF 0 SF 600 SF Swimming Pools/Spa 769 SF 0 SF 769 SF Pool Equipment 24 SF 0 SF 24 SF Pool House ADU Stable minimum: 450 SF Corral minimum: 550 SF 965 SF 0 SF 965 SF New Planter Box Recreation Court Attached Covered Porches Detached Sheds 377 SF 0 SF 377 SF Attached Trellis 88 SF 0 SF 88 SF Water features Service Yard 160 SF 0 SF 160 SF Primary Driveway 12,220 SF 0 SF 12,220 SF Paved walkways 640 SF 390 SF 1,030 SF Patios Pool Deck 3,246 SF 0 SF 3,246 SF Parking Pads 3,800 SF 0 SF 3,800 SF Grading (balanced onsite) Structural Lot Coverage (20% maximum with deductions) 7,272 SF (2.72%) 770 SF (0.29%) 8,042 SF (3.0%%) Flatwork Lot Coverage (15% maximum) 19,906 SF (7.43%) 390 SF (0.14%) 20,296 SF (7.572%) Total Lot Coverage (Structures and Flatwork) (35% maximum with deductions) 27,178 SF (10.15%) 1,160 SF (0.43%) 28,338 SF (10.58%) Total Disturbed Area (40% maximum) 90,573 SF (33.82%) 0 SF (0%) 90,573 SF (33.82%) Building Pad 1 (30% Maximum Guideline) 4,889 SF (18.04%) 770 SF (2.84%) 5,659 SF (20.88%) Building Pad 2 (30% Maximum Guideline) 2,577 SG (50.47%) 0 SF 2,557 (50.47%) 124 Zoning Case No. 23-105 7 Pine Tree Lane Attachment 3: Photos 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 Agenda Item No.: 11.A Mtg. Date: 12/14/2023 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:JOHN SIGNO, DIRECTOR OF PLANNING & COMMUNITY SERVICES THRU:KARINA BAÑALES SUBJECT:PUBLIC HEARING FOR INTRODUCTION AND FIRST READING OF ORDINANCE NO. 384 OF THE CITY OF ROLLING HILLS, CALIFORNIA, AMENDING VARIOUS SECTIONS OF THE ROLLING HILLS MUNICIPAL CODE RELATING TO WIRELESS FACILITIES, AND FINDING THE ACTION EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT DATE:December 14, 2023 BACKGROUND: The City Council last updated the RHMC’s wireless communication facility (“WCF”) regulations in 2004. Numerous federal and state laws and regulations have since taken effect, which (among other things) significantly restricted local control over the permitting and placement of wireless communication facilities (“WCF”). Noteworthy features of these regulations include the following: 1. Ban on Moratoria On August 2, 2018, the Federal Communications Commission (“FCC”) adopted a Third Report & Order and Declaratory Ruling, 33 FCC Rcd. 7705 (rel. Aug. 3, 2018) (“Moratoria Order”), that, among other things, contained a declaratory ruling prohibiting express and de facto moratoria for all personal wireless services, telecommunications services, and their related facilities under 47 U.S.C. § 253(a) and directed the Wireless Telecommunications Bureau and Wireline Competition Bureau to hear and resolve all complaints on an expedited basis. The declaratory ruling in the Moratoria Order was made effective upon release. This means there can be no pause in accepting or processing applications to allow a city to study and address potential issues. 2. Shot Clocks and Enhanced Remedies 151 The FCC has adopted shot clocks (i.e., timelines) within which a local government must act on WCF applications. The most recent shot clocks have focused on applications for small WCFs and modifications to existing WCFs. 2009 Shot Clocks: In 2009, the FCC adopted a Declaratory Ruling, 24 FCC Rcd. 18994 (rel. Nov. 18, 2009), to clarify existing federal law requiring local governments to act on WCF applications within a reasonable period of time. In that Declaratory Ruling, the FCC established two shot clocks for local action on wireless facilities applications:(1) a 60-day shot clock for collocations; and (2) a 150-day shot clock for all other types of WCF applications. The State of California later adopted AB 57 (Gov. Code 65964.1), which took effect on January 1, 2016, and created a “deemed granted” remedy (effective January 1, 2016 for collocations and “other” applications; effective January 1, 2022 for small cells) if the local government failed to act on an application during the time period allowed under the applicable FCC shot-clocks. This “deemed granted” remedy is available for any application under these shot clocks other than those proposed for placement in fire department facilities. Eligible Facilities Requests: In 2012, Congress adopted a law (codified as 47 CFR Sec. 1455) requiring that certain applications to modify or add to existing WCFs must be approved at the local level. In 2014, the FCC adopted an implementing Order, including height and size criteria and a 60-day shot clock to process these “eligible facilities requests” (29 FCC Rcd. 12865). More recently, the FCC adopted clarifications and changes to its rules to further facilitate these types of deployments. A failure to act within this FCC shot clock period can result in the application being deemed approved under federal law. Small Wireless Facilities Shot Clocks : On September 26, 2018, the FCC adopted a Declaratory Ruling and Third Report and Order, 33 FCC Rcd. 9088 (rel. Sep. 27, 2018) (“Small Cell Order”), which, among other things: Created new shorter (60-day and 90-day) shot clocks for small WCFs (as defined in the Small Cell Order); Interpreted existing shot clock regulations to require local public agencies to issue all relevant permits and authorizations within this period; Established a national standard for an effective prohibition related to small WCFs that replaced the existing “significant gap” test adopted by the United States Court of Appeals for the Ninth Circuit; and Provided that a failure to act within the applicable timeframe presumptively constitutes an effective prohibition. The Small Cell Order went into effect in part on January 14, 2019, and in part on April 15, 152 2019. On August 12, 2020, a three-judge panel of the Ninth Circuit Court of Appeals upheld the Moratoria Order and significant portions of the Small Cell Order, including the shorter shot clocks and remedies for failing to meet a shot clock. (City of Portland v. United States , 969 F.3d 1020 (9th Cir. 2020) (“City of Portland”)). On October 22, 2020, the Ninth Circuit Court of Appeals denied a petition for an en banc review of the above-referenced panel’s decision. In 2021, the California legislature enacted AB 537 (Gov. Code 65964.1), further expanding the reach of AB 57’s deemed granted remedy to apply to all WCF applications subject to FCC shot clocks. Following AB 537, a deemed approved remedy is available for each and every WCF application type—which is triggered when the local government fails to render a final decision on a WCF application and issues all necessary approvals by the applicable FCC shot clock deadline. 3. Limits on Design Standards In addition to the foregoing, the Small Cell Order placed limits on aesthetic regulations for small WCFs, including undergrounding. Under the Small Cell Order, local aesthetic regulations are permissible so long as they are reasonable, no more burdensome than those applied to other types of infrastructure deployments, objective, and published in advance (so that applicants know the applicable WCF aesthetic requirements). In the City of Portland discussed above, the Court invalidated certain portions of the FCC’s Small Cell Order that imposed new rules for aesthetic standards for small wireless facilities. Now, a city’s aesthetic regulations for small wireless facilities will not be preempted if they are (1) reasonable (technically feasible); and (2) published in advance. 4. Limits on Fees The Small Cell Order declared that all WCF-related fees (including permit fees and rental fees for the use of government-owned infrastructure, such as streetlights) must be based on a reasonable approximation of the local government’s costs, such that only objectively reasonable costs are factored into those fees, and fees are no higher than the fees charged to similarly situated competitors in similar situations. The FCC established presumptively reasonable fee levels (called “safe harbors”), including non-recurring fees equal to $500 for a single application for up to five collocations, plus $100 for each additional collocation and $1,000 for each new pole. Recurring fees for attachment to a local government’s poles are presumed reasonable if equal to $270 per facility/per year, including the fee for attachment to the infrastructure and use of the public right-of-way. 153 Planning Commission Recommendation On November 21, 2023, the Planning Commission considered the proposed Wireless Ordinance and voted 4-0 (Cardenas absent) to adopt Resolution No. 2023-10 recommending to the City Council approval of the Wireless Ordinance. The action followed a series of meetings held by the Planning Commission on August 15, 2023, September 12, 2023, and October 17, 2023. At the August 15th meeting, the Planning Commission directed staff to require a conditional use permit (CUP) for Type 3 facilities, which are new small wireless communication facilities (“WCF”) on a new or replacement structure. At the September 12th meeting, the Planning Commission had additional questions about wireless service, existing coverage, and potentially new wireless locations. Staff and the city attorney's office discussed the issues and contacted Crown Castle and the Rolling Hills Community Association (RHCA) about existing coverage and upcoming wireless facility proposals. The proposed Ordinance was further amended. At the October 17th meeting, the Planning Commission discussed the Ordinance further and advised staff to continue working with RHCA. On October 26th, staff and the City Attorney's office met with RHCA and its legal counsel. The Ordinance was amended based on discussions and feedback from the Planning Commission. DISCUSSION: Revised Ordinance Recommended by the Planning Commission The draft Wireless Ordinance, once adopted, would make the following updates to the City's Code: 1. Permit Requirements a. A Conditional Use Permit (CUP) is now required for Type 4 facilities only. Type 4 facilities are new towers or any other facility that does not fall under the other types. b. Zone Clearance is required for Types 1, 2, 3, and 5 facilities. These facilities are subject to Chapter 17.44 (Zone Clearance) and Section 17.27.040 (Wireless Communication Antennas and Facilities). 2. Subsection E of Section 17.27.040 includes new design, development and location standards addressing further direction by the Planning Commission. The subsection has also been updated to allow the Planning Commission to adopt supplemental design, location, and development standards by resolution from time to time. 3. The location standards express a preference for: 1. new facilities to utilize existing or replacement poles; 2. structures or street signs to avoid proliferation wherever possible; 3. new wireless facilities cannot obstruct views as defined in Section 17.26.020 (View Preservation) of a primary residential building; and 4. new facilities to be located on shared property lines between parcels to the extent feasible. 4. A limited waiver process has been added for all design, development, and location standards. 5. Standard conditions of approval have been added to Section 17.27.040 to apply in the event of an application deemed approved by the operation of law. 154 6. Other conforming and minor updates to address changes in state and federal law . The revised Ordinance is included as Exhibit "A" to Resolution No. 2023-10. A redline version is also included to identify recent changes. Existing Facilities In March 2023, the Rolling Hills Community Association (RHCA) provided a list of existing Sprint and T-Mobile facilities in Rolling Hills. There are 20 facilities that Infinigy manages. The City and RHCA were able to approve upgrades to 15 of the facilities, all of which are located on existing utility poles. At the September 12th Planning Commission meeting, the Planning Commission asked to see the locations in Rolling Hills managed by Crown Castle. Crown Castle was able to provide a map, which is attached, showing the location of its facilities. There are about 30 Crown Castle facilities in the City with several others just outside the City's borders. ENVIRONMENTAL The proposed ordinance is not a “project” within the meaning of Section 15378 of the State CEQA Guidelines, because it has no potential for resulting in direct or indirect physical change in the environment. The ordinance does not authorize any specific development or installation on any specific piece of property within the City’s boundaries. Moreover, when and if an application for installation is submitted, the City will at that time conduct a preliminary review of the application in accordance with CEQA. Alternatively, even if the ordinance is a “project” within the meaning of State CEQA Guidelines Section 15378, the ordinance is exempt from CEQA on multiple grounds. First, the ordinance is exempt from CEQA because the City Council’s adoption of the ordinance is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. (State CEQA Guidelines, § 15061(b)(3)). That is, approval of the ordinance will not result in the actual installation of any facilities in the City. In order to install a facility in accordance with this ordinance, the wireless provider would have to submit an application for installation of the wireless facility. At that time, the City would have specific and definite information regarding the facility to review in accordance with CEQA. The City would conduct a preliminary review under CEQA at that time. Moreover, in the event that the ordinance is interpreted so as to permit installation of wireless facilities on a particular site, the installation would be exempt from CEQA review in accordance with either State CEQA Guidelines Section 15302 (replacement or reconstruction), State CEQA Guidelines Section 15303 (new construction or conversion of small structures), and/or State CEQA Guidelines Section 15304 (minor alterations to land). FISCAL IMPACT: None. RECOMMENDATION: 1. Open the public hearing, receive public testimony, close the public hearing, and make the following actions: 1. Find that proposed Ordinance is exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines Section 15302 (replacement or reconstruction), State CEQA Guidelines Section 15303 155 (new construction or conversion of small structures), State CEQA Guidelines Section 15304 (minor alterations to land), or, in the alternative, Sections 15378 and 15061(b)(3); and 2. Introduce for first reading (by title only) and waive further reading of Ordinance No. 384, entitled "AN ORDINANCE OF THE CITY OF ROLLING HILLS, CALIFORNIA, AMENDING VARIOUS SECTIONS OF THE ROLLING HILLS MUNICIPAL CODE RELATING TO WIRELESS FACILITIES; AND FINDING THE ACTION EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT” (Attachment 2). ATTACHMENTS: ATTACHMENT1_2023-10_PCResolution_WCF_Ordinance_112123_D2.pdf ATTACHMENT2_384_WirelessOrdinance_Updated PC DRAFT 11-14-2023 REDLINE-c1.pdf ATTACHMENT3_PL_WCF_OrdAmend2023_231002_Email_CrownCastle.pdf ATTACHMENT4_PL_WCF_OrdAmend2023_231010_CrownCastlePresentation_2SlidesPerPage.pdf ATTACHMENT5_CL_AGN_230912_PC_Item9B_RHCA_PublicComment.pdf ATTACHMENT6_CL_AGN_230912_PC_Item9B_RHCA_CellAntennaMockUp.pdf ATTACHMENT7_CL_AGN_230912_PC_Item9B_RHCA_CellSurveyResults2023.pdf ATTACHMENT8_PL_WCF_OrdAmend2023_230815_PCStaffReportONLY.pdf ATTACHMENT9_PL_WCF_OrdAmend2023_230912_PCStaffReportONLY.pdf ATTACHMENT10_PL_WCF_OrdAmend2023_231017_PCStaffReportONLY.pdf ATTACHMENT11_PL_ADR_231017_WCF_Presentation_BBK_Givens_Rolling Hills PC Mtg Wireless Ordinance Presentation 10-17-23-c1_2pages.pdf CL_AGN_231121_PC_Item9A_PublicComment01.pdf PL_WCF_OrdAmend2023_WirelessApplicationDraft_11-27-23-c1.pdf 156 65277.00023\41539302.1 RESOLUTION NO. 2023-10 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS RECOMMENDING THAT THE CITY COUNCIL APPROVE AN ORDINANCE AMENDING VARIOUS SECTIONS OF THE ROLLING HILLS MUNICIPAL CODE REGARDING WIRELESS COMMUNICATION FACILITIES AND FINDING THE ACTION TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT WHEREAS, the City of Rolling Hills, California (“City”) is a municipal corporation, duly organized under the California Constitution and laws of the State of California; and WHEREAS, the City’s zoning regulations are contained in Title 17 of the Rolling Hills Municipal Code (“RHMC”). Among other things, Title 17 includes regulations governing wireless communication facilities (“WCF”); and WHEREAS, the City last updated the RHMC’s WCF regulations in 2004. Since then, changes in federal and state law have placed significant procedural and substantive limits on the City’s exercise of local control over matters involving WCFs; and WHEREAS, the ordinance (“Ordinance”) attached as Exhibit “A” will amend the RHMC’s RCF regulations to comply with changes in state and federal law governing the same; and WHEREAS, on August 15, 2023 September 12, 2023, and October 17, 2023, the Planning Commission held a duly-noticed public hearing and considered the staff report, recommendations by staff, and public testimony concerning this Ordinance. Thereafter, the Planning Commission: (i) provided direction to staff regarding amendments to the Ordinance; and (ii) continued the public hearing to its November 21, 2023 meeting. Staff subsequently revised the Ordinance in accordance with the Planning Commission’s instructions. The Planning Commission held a continued public hearing at its November 21, 2023 meeting. NOW, THEREFORE, the Planning Commission of the City of Rolling Hills does hereby resolve, determine, find, and order as follows: Section 1. Recitals. The foregoing recitals are true and correct and are incorporated herein as substantive findings of this Resolution. Section 2. CEQA. The Planning Commission finds that this Ordinance is not a “project” within the meaning of Section 15378 of the State CEQA Guidelines, because it has no potential for resulting in direct or indirect physical change in the environment. The Ordinance does not authorize any specific development or installation on any specific piece of property within the City’s boundaries. Moreover, when and if an application for installation is submitted, the City will at that time conduct preliminary review of the application in accordance with CEQA. Alternatively, even if the Ordinance is a “project” 157 65277.00023\41539302.1 Page 2 of 4 within the meaning of State CEQA Guidelines Section 15378, the Ordinance is exempt from CEQA on multiple grounds. First, the Ordinance is exempt CEQA because the City Council’s adoption of the Ordinance would covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment (State CEQA Guidelines, § 15061(b)(3)). That is, approval of the Ordinance will not result in the actual installation of any facilities in the City. In order to install a facility in accordance with this Ordinance, the wireless provider would have to submit an application for installation of the wireless facility. At that time, the City would have specific and definite information regarding the facility to review in accordance with CEQA. And, in fact, the City would conduct preliminary review under CEQA at that time. Moreover, in the event that the Ordinance is interpreted so as to permit installation of wireless facilities on a particular site, the installation would be exempt from CEQA review in accordance with either State CEQA Guidelines Section 15302 (replacement or reconstruction), State CEQA Guidelines Section 15303 (new construction or conversion of small structures), and/or State CEQA Guidelines Section 15304 (minor alterations to land). Section 3. General Plan. This Ordinance’s amendments to RHMC Title 17 are consistent with, and in further of, the City’s adopted General Plan. Specifically, General Plan Safety Element Policy 5.10: Support the development and further implementation of a peninsula-wide disaster plan; and Policy 5.14: Ensure the reliability of essential facilities such as communications towers, electrical substations, water services, and first-response buildings in the event of an emergency through promoting grid resilience and energy independence. Work to implement on-site power generation through solar photovoltaic systems and battery storage; and Policy 5.16: Increase access to essential resources and facilitate effective communication in the community to accelerate recovery following such a disaster; and Land Use Goal 2: Accommodate development which is compatible with and complements existing land uses. This Ordinance furthers these goals, policies, and actions by updating the City's regulations to achieve consistency with federal and state law and making certain refinements to ensure that Title 17 is consistent and clear and provides for streamlined approval processes for wireless communication facilities. Therefore, the Ordinance is consistent with the General Plan. Section 4. Recommendation. Based on the foregoing, the Planning Commission hereby recommends that the City Council approve and adopt the Ordinance attached as Exhibit “A” and incorporated herein by reference. Section 5. Certification. The Planning Commission Chair shall sign and the Secretary shall attest to the adoption of this Resolution. Section 6. Effective Date. This Resolution takes effect immediately upon its adoption. 158 65277.00023\41539302.1 Page 3 of 4 PASSED, APPROVED AND ADOPTED THIS 21st DAY OF NOVEMBER 2023. BRAD CHELF, CHAIRPERSON ATTEST: ____________________________________ CHRISTIAN HORVATH, CITY CLERK Any action challenging the final decision of the City made as a result of the public hearing on this application must be filed within the time limits set forth in Section 17.54.070 of the Rolling Hills Municipal Code and Civil Procedure Section 1094.6. 159 65277.00023\41539302.1 Page 4 of 4 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS ) I certify that the foregoing Resolution No. 2023-10 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS RECOMMENDING THAT THE CITY COUNCIL APPROVE AN ORDINANCE AMENDING VARIOUS SECTIONS OF THE ROLLING HILLS MUNICIPAL CODE REGARDING WIRELESS COMMUNICATION FACILITIES AND FINDING THE ACTION TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT was approved and adopted at a regular meeting of the Planning Commission on November 21, 2023, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: and in compliance with the laws of California was posted at the following: Administrative Offices. __________________________________ CHRISTIAN HORVATH, CITY CLERK 160 65277.00023\41809994.2 -1- ORDINANCE NO. 384 AN ORDINANCE OF THE CITY OF ROLLING HILLS, CALIFORNIA, AMENDING VARIOUS SECTIONS OF THE ROLLING HILLS MUNICIPAL CODE RELATING TO WIRELESS FACILITIES; AND FINDING THE ACTION EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT WHEREAS, California Government Code, section 65800 et seq., authorizes the City of Rolling Hills (“City”) to adopt and administer zoning laws, ordinances, rules and regulations as a means of implementing the General Plan; and WHEREAS, the City’s zoning regulations are contained in Title 17 of the Rolling Hills Municipal Code (“RHMC”). Among other things, Title 17 includes regulations governing wireless communication facilities (“WCF”); and WHEREAS, Title 17’s WCF regulations were most recently amended in 2004. Since then, changes in federal and state law—including various court decisions and Federal Communications Commission (FCC) orders and regulations—have placed significant procedural and substantive limits on the City’s exercise of local control over matters involving WCFs. This ordinance (“Ordinance”) amends Title 17 to comply with these changes in the law; and WHEREAS, California Government Code sections 65854 and 65856(a) require the Planning Commission and the City Council, respectively, to conduct public hearings on proposed amendments to Title 17 (i.e., zoning code amendments). The Planning Commission’s action serves as a recommendation to the City Council; and WHEREAS, on August 4, 2023, the City gave public notice of a Planning Commission public hearing to consider this Ordinance by advertisement in a newspaper of general circulation; and WHEREAS, on August 15, 2023 and September 12, 2023 and October 17, 2023, the Planning Commission held a duly-noticed public hearing and considered the staff report, recommendations by staff, and public testimony concerning this Ordinance. Thereafter, the Planning Commission: (i) provided direction to staff regarding the amendments to the Ordinance; and (ii) continued the public hearing to its November 21, 2023. Staff subsequently revised the Ordinance in accordance with the Planning Commission’s direction. The Planning Commission held a continued public hearing at its November 21, 2023 meeting and thereafter, recommended that the City Council adopt the Ordinance; and WHEREAS, on [DATE], the City gave public notice of a City Council public hearing to be held to consider this Ordinance by advertisement in a newspaper of general circulation; and EXHIBIT “A” 161 65277.00023\41809994.2 -2- WHEREAS, on [DATE], the City Council considered the staff report, recommendations by staff, and public testimony regarding this Ordinance. WHEREAS, all legal prerequisites to the adoption of the Ordinance have occurred. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES ORDAIN AS FOLLOWS: SECTION 1. Recitals. The City Council hereby finds and determines that the Recitals above are true and correct and are incorporated herein. SECTION 2. California Environmental Quality Act. The City Council finds that this Ordinance is not a “project” within the meaning of Section 15378 of the State CEQA Guidelines, because it has no potential for resulting in direct or indirect physical change in the environment. The Ordinance does not authorize any specific development or installation on any specific piece of property within the City’s boundaries. Moreover, when and if an application for installation is submitted, the City will at that time conduct preliminary review of the application in accordance with CEQA. Alternatively, even if the Ordinance is a “project” within the meaning of State CEQA Guidelines Section 15378, the Ordinance is exempt from CEQA on multiple grounds. First, the Ordinance is exempt CEQA because the City Council’s adoption of the Ordinance would covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. (State CEQA Guidelines, § 15061(b)(3)). That is, approval of the Ordinance will not result in the actual installation of any facilities in the City. In order to install a facility in accordance with this Ordinance, the wireless provider would have to submit an application for installation of the wireless facility. At that time, the City would have specific and definite information regarding the facility to review in accordance with CEQA. And, in fact, the City would conduct preliminary review under CEQA at that time. Moreover, in the event that the Ordinance is interpreted so as to permit installation of wireless facilities on a particular site, the installation would be exempt from CEQA review in accordance with either State CEQA Guidelines Section 15302 (replacement or reconstruction), State CEQA Guidelines Section 15303 (new construction or conversion of small structures), and/or State CEQA Guidelines Section 15304 (minor alterations to land). SECTION 3. General Plan. The City Council hereby finds that this Ordinance’s amendments to RHMC Title 17 are consistent with, and in further of, the City’s adopted General Plan. Specifically, General Plan Safety Element Policy 5.10: Support the development and further implementation of a peninsula-wide disaster plan; and Policy 5.14: Ensure the reliability of essential facilities such as communications towers, electrical substations, water services, and first-response buildings in the event of an emergency through promoting grid resilience and energy independence. Work to implement on-site power generation through solar photovoltaic systems and battery storage; and Policy 5.16: Increase access to essential resources and facilitate effective communication in the community to accelerate recovery following such a disaster; and Land Use Goal 2: Accommodate development which is compatible with and complements existing land 162 65277.00023\41809994.2 -3- uses. This Ordinance furthers these goals, policies, and actions by updating the City's regulations to achieve consistency with federal and state law and making certain refinements to ensure that Title 17 is consistent and clear and provides for streamlined approval processes for wireless communication facilities. Therefore, the Ordinance is consistent with the General Plan. SECTION 4. Code Amendment. Section 17.27.040 of the Rolling Hills Municipal Code is amended to read in its entirety as follows: “17.27.040 Wireless communication antennas and facilities. A. General. This Section establishes standards and procedures for the development and operation of wireless communications facilities, including, but not limited to, personal wireless services facilities, non-exempt satellite antennas, and single pole/tower amateur radio antennas. The requirements of this Section apply to all wireless communication facilities on public and private property and within the right of way that transmit and/or receive electromagnetic signals, including, but not limited to, personal wireless services, satellite, and radio and television broadcast facilities. 1. Application Types. a. Type 1 – Collocation of a small wireless facility on an existing structure. Type 1 applications shall be limited to applications wherein an applicant seeks to place a new small wireless facility upon an existing structure and either (i) the structure is not an existing tower or base station (as defined for Eligible facilities request purposes) or (ii) the structure is an existing tower or base station (as defined for Eligible facilities request purposes) but the proposed facility does not qualify as an Eligible facilities request. If the completed facility would still meet the physical limits and requirements to meet the definition of a small wireless facility after the installation of the new equipment, then the application to install such new equipment is a Type 1 application. b. Type 2 – Collocation on an existing structure which does not qualify as a Type 1 small wireless facility collocation or a Type 5 eligible facilities request. Type 2 applications shall be limited to applications wherein an applicant is seeking to place a new personal wireless service facility upon an existing structure which does not meet the definition of a small wireless facility or which will not meet the definition of a small wireless facility if and when the proposed new personal wireless service equipment is installed upon the existing facility and/or structure and either (i) the structure is not an existing tower or base station (as defined for Eligible facilities request purposes) or (ii) the structure is an existing tower or base station (as defined for Eligible facilities request purposes) but the proposed facility does not qualify as an Eligible facilities request. c. Type 3 – New small wireless facility on a new or replacement structure. Type 3 applications shall be limited to applications seeking to install and/or construct a new small wireless facility that involves placement of a new or replacement structure. 163 65277.00023\41809994.2 -4- d. Type 4 – New tower or any other wireless facility that is not a Type 1, 2, 3, 5, or 6 application. Type 4 applications shall include any applications for the installation of a new personal wireless service facility which does not meet the criteria for Type 1, 2, 3, 5, or 6 applications. e. Type 5 – Eligible facilities requests. Type 5 applications shall include any applications that purport to meet the criteria for an eligible facilities request under federal law and FCC regulations. f. Type 6 – Temporary facilities. Type 6 applications shall include any applications for a temporary facility to provide wireless services on a temporary or emergency basis. 2. Permit Requirements. No wireless communication facility shall be constructed, erected, placed, or modified anywhere within the City without first obtaining a permit pursuant to the requirements of this Section and without obtaining all permits required under any other applicable state, federal, or local laws or regulations. a. Conditional Use Permit Required. A conditional use permit shall be required for Type 4 applications, which shall be reviewed and processed in accordance with Chapter 17.42 of this Code and the requirements of this Section 17.27.040. b. Zone Clearance Required. A zone clearance shall be required for Type 1, 2, 3, and 5 applications, which shall be reviewed and processed in accordance with Chapter 17.44 of this Code and the requirements of this Section 17.27.040. c. Temporary Use Permit Required. A temporary use permit shall be required for Type 6 applications, which shall be reviewed and processed in accordance with Chapter 17.48 of this Code and the requirements of this Section 17.27.040. 3. Exempt Wireless Communication Facilities. The following wireless communication facilities are exempt from the requirements of this Section: a. Wireless facilities operated by the City for public purposes. b. Hand-held mobile, marine, and portable radio transmitters and/or receivers which are not affixed to land or a structure. c. Traditional terrestrial radio and television mobile broadcast facilities. d. A single ground-mounted or building-mounted antenna not exceeding the maximum height permitted by this Section, including any mast, subject to the following restrictions: (1) Satellite Dish 39.37 inches (one meter) or Less. A satellite dish antenna 39.37 inches (one meter) or less in diameter and (a) intended for the sole 164 65277.00023\41809994.2 -5- use of a person occupying the same parcel to receive direct broadcast satellite service, including direct-to-home satellite service, or to receive or transmit fixed wireless signals via satellite or (b) a hub or relay antenna used to receive or transmit fixed wireless services that are not classified as telecommunications services, is permitted anywhere on a lot, provided it does not exceed the height of the ridgeline of the primary structure on the same parcel. (2) Non-Satellite Dish 39.37 inches (one meter) or Less. A dish antenna 39.37 inches (one meter) or less in diameter or diagonal measurement and (a) intended for the sole use of a person occupying the same parcel to receive video programming services via multipoint distribution services, including multichannel multipoint distribution services, instructional television fixed services, and local multipoint distribution services, or to receive or transmit fixed wireless signals other than via satellite or (b) a hub or relay antenna used to receive or transmit fixed wireless services that are not classified as telecommunications services, is permitted anywhere on a lot. e. Amateur radio antennas meeting the following requirements: (1) That are completely enclosed within a permitted building; or (2) That consist of a single wire not exceeding one-fourth of an inch in diameter, and such wire antennas may be located in setback areas, provided the antenna does not extend above the maximum building height in the district; or (3) That consist of a single ground-mounted vertical pole or whip antenna not exceeding 50 feet in height, measured from finish grade at the base of the antenna, and not located in any required setback area. Support structures or masts for pole or whip antennas shall conform to standards set out in the California Building Standards Code. A building permit may be required for the support structure or mast. B. Definitions. For the purpose of this chapter, certain words and terms are hereby defined. Words used in the singular shall be deemed to include the plural and the plural the singular; unless more specifically defined in this chapter, the word “building” is interchangeable with the word “structure,” and the word “shall” is mandatory and not discretionary. All equipment not specifically described herein shall be regulated in conformity with that equipment described herein which is most substantially similar, from a functionality standpoint. Reference to “facility” is interchangeable with “wireless communications facility,” unless otherwise noted. 1. “Antenna” shall mean any system of wires, poles, rods, reflecting discs, or similar devices used in wireless communications for the transmission or reception of electromagnetic waves when such system is operated or operating from a fixed location. 2. “Applicant” or “provider” shall mean the person or entity applying for a permit to install wireless communications facilities. 3. “Base Station” shall have the same meaning as defined by 47 C.F.R. Section 1.6100(b)(1), or any successor provision. 4. “Colocation,” “Co-location,” and “Collocation” shall mean the same as defined by the FCC in 47 C.F.R. § 1.6002(g), which means (1) Mounting or installing an antenna facility on a pre-existing structure; and/or (2) Modifying a structure for the 165 65277.00023\41809994.2 -6- purpose of mounting or installing an antenna facility on that structure. For eligible facilities requests (Type 5), “Colocation,” “Co-location,” and “Collocation” shall mean the same as defined by the FCC in 47 C.F.R. § 1.6100(b)(2), which means the mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes. 5. “Eligible Facilities Request” shall mean any request for modification of a legally existing tower or base station that does not substantially change the physical dimensions of such tower or base station as defined in 47 C.F.R. section 1.6100(b)(3), or any successor provision. 6. “Monopole” shall mean a free-standing pole, like a slim line, flagpole, or similar structure. 7. “Personal Wireless Services” shall mean those services as defined in 47 U.S.C. section 332(c)(7)(C)(i), or any successor provision, current examples of which include, but are not limited to, commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services. 8. “Roof-mounted” shall mean any type of facility in which antennas are mounted on the roof, parapet, or similar feature of a structure. 9. “Small Wireless Facility” shall mean the same as defined by the FCC in 47 C.F.R. section 1.6002(l), or any successor provision. 10. “Support structure” shall mean any structure capable of supporting a base station, as defined in 47 C.F.R. section 1.6002(m), or any successor provision. 11. “Temporary facility” shall mean any wireless communication facility intended or used to provide wireless services on a temporary or emergency basis, such as a large-scale special event in which more users than usual gather in a single location or following a duly proclaimed local or state emergency, as defined in Government Code section 8558, requiring additional service capabilities. 12. “Tower” shall mean the same as defined in 47 C.F.R. section 1.6100(b)(9), or any successor provision. This definition does not include Utility Poles. 13. “Utility pole” shall mean any structure designed to support electric, telephone, and similar utility lines. A Tower is not a utility pole. 14. “Wireless communications facilities” and “facilities” shall mean any transmitters, antenna structures, equipment cabinets, concealment, meters, switches, cabling, and other types of facilities used for the provision of wireless services at a fixed location, including, without limitation, any associated tower(s), support structure(s), and base station(s). C. Application Requirements. An applicant seeking to install, construct, modify, replace, or place a wireless communications facility shall complete and submit an 166 65277.00023\41809994.2 -7- application to the Planning and Community Services Department for review and processing, upon the form published by the Director of the Planning and Community Services Department, which may be updated from time to time. In addition to any requirements specified by the application form, all applications shall, at minimum, require submission of the following: 1. Name of applicant, contact information, location of proposed site, description of the application type sought, and the name and contact information of the user/ provider that will use the facility. 2. A brief narrative accompanied by written documentation and a site plan or map together with photo simulations that explain the project. 3. A narrative and scaled map(s) that precisely disclose the geographic area(s) within the City proposed to be serviced by the proposed facility. 4. A radiofrequency (RF) environmental evaluation report certifying that the proposed wireless communications facility meets FCC regulations and standards for construction, maintenance and operations. D. Findings for Approval. 1. Findings for Approval of a Conditional Use Permit required by this section (Type 4). Approval of any Conditional Use Permit required by this section is subject to the following findings: a. All findings for approval required for Conditional Use Permits as specified in Section 17.42.050; and b. The facility complies with all applicable requirements of Section 17.27.040, including all requirements for the requested permit; all application requirements; and all applicable design, location, and development standards, or has a waiver exception thereof; and c. The facility meets applicable requirements and standards of federal and state law, including all applicable general orders of the California Public Utilities Commission; and d. The project has received approval from the Rolling Hills Community Association. 2. Findings for Approval of a Non-Eligible Facility Request Zone Clearance required by this section (Types 1, 2, and 3). Approval of any Non-Eligible Facility Request Zone Clearance required by this section is subject to the following findings: a. The proposed facility is consistent with the provisions of Title 17; and 167 65277.00023\41809994.2 -8- b. The facility complies with all applicable requirements of Section 17.27.040, including all requirements for the requested permit; all application requirements; and all applicable design, location, and development standards, or has a waiver exception therefrom; and c. The facility meets applicable requirements and standards of federal and state law, including all applicable general orders of the California Public Utilities Commission; and d. The project has received approval from the Rolling Hills Community Association. 3. Findings for Approval of a Zone Clearance for an Eligible Facilities Request required by this section (Type 5). No zone clearance shall be approved for an eligible facilities request unless, on the basis of the application and other materials or evidence provided in review thereof, the following findings are made: a. The proposed collocation or modification meets each and every one of the applicable criteria for an eligible facilities request stated in 47 C.F.R. sections 1.6100(b)(3)–(9), or any successor provisions, after application of the definitions in 47 C.F.R. section 1.6100(b). The reviewing City authority shall make an express finding for each criterion; and b. The proposed facility complies with conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment, except to the extent preempted by 47 C.F.R. sections 1.6100(b)(7)(i)–(iv), or any successor provisions; and c. The proposed facility will comply with all generally applicable laws. 4. Findings for Approval of a Temporary Use Permit required by this section (Type 6). Approval of any Temporary Use Permit required by this Section is subject to the following findings: a. The proposed temporary use is allowed within the applicable zoning district with the approval of a temporary use permit and complies with all other applicable provisions of this Zoning Ordinance and the Municipal Code; and b. The proposed temporary use would not unduly impair the integrity and character of the zoning district in which it is located; and c. Appropriate measures have been taken to protect the public health, safety, and general welfare to minimize detrimental effects on adjacent properties; and d. The facility complies with all applicable requirements of Section 17.27.040, including all requirements for the requested permit; all application 168 65277.00023\41809994.2 -9- requirements; and all applicable design, location, and development standards, or has a waiver exception thereof; and e. The facility meets applicable requirements and standards of federal and state law, including all applicable general orders of the California Public Utilities Commission; and f. The project has received approval from the Rolling Hills Community Association. E. Design, Location, and Development Standards. 1. In addition to the design, location, and development standards outlined in this subsection 17.27.040(E), the Planning Commission is authorized to develop and adopt from time to time supplemental design, location, and development standards for all wireless communications facilities subject to this Section 17.27.040 by resolution. 2. This subsection E(2) establishes generally applicable design and development standards for all wireless facilities, except Type 5 eligible facilities requests. a. The facility shall be erected, located, operated, and maintained at all times in compliance with this section and all applicable laws, regulations, and requirements of the California Building Code, as modified by the City, and every other code and regulation imposed or enforced by the City, the State of California, and the United States Federal Government. Applicants are separately required to obtain all applicable building and construction permits that may be required prior to erecting or installing the facility. b. State-of-the-art stealth design technology shall be utilized as appropriate to the site and type of facility so that the proposed wireless facility will look like something other than a wireless facility. Wireless communications facilities that are mounted on buildings or structures shall be designed to match existing architectural features, incorporated in building design elements, camouflaged, painted, or otherwise screened to achieve a stealth design in a manner that is compatible with the architectural design of the building or structure and compatible with the appearance and character of the surrounding neighborhood. New standalone or replacement facilities shall use designs that are compatible and blend in with the surrounding area. For example, faux trees should be of the same type and size as nearby real trees. All finishes shall be non- reflective. c. The facility shall not bear any signs or advertising devices other than certification, public safety, warning, or other legally required seals or signage. d. Any and all accessory equipment, or other equipment associated with the operation of the facility, including but not limited to transmission cables and wires, shall be screened, located within an enclosure or underground vault in a manner that, if aboveground, is visually compatible with the surrounding area and either 169 65277.00023\41809994.2 -10- (1) shrouded by sufficient landscaping to screen the equipment from view, or (2) designed to match the architecture of adjacent buildings and (3) shall not interfere with equestrian activities or easements. e. The facility exterior shall be comprised of non-reflective material(s) and painted or camouflaged to blend with surrounding materials and colors. All exterior surfaces shall be painted, colored, and/or wrapped in flat, muted, subdued, non-reflective hues that match the underlying structure or otherwise blend in with the surrounding environment. All exterior surfaces on wireless facilities shall be constructed from, or coated with, graffiti-resistant materials. All finishes shall be subject to the reviewing City authority’s prior approval. f. All wireless facilities must be compliant with all applicable noise regulations, which includes, without limitation, any noise regulations in this code. The reviewing City authority may require the applicant to incorporate appropriate noise- baffling materials and/or noise-mitigation strategies to avoid any ambient noise from equipment reasonably likely to exceed the applicable noise regulations. g. Wireless facilities may not include exterior lights other than as may be required under Federal Aviation Administration, FCC, other applicable federal or state governmental regulations. All exterior lights permitted or required to be installed must be installed in locations and within enclosures that mitigates illumination impacts on other properties to the maximum extent feasible. Any lights associated with the electronic equipment shall be appropriately shielded from public view. Any light beacons or lightning arresters shall be included in the overall height calculation. h. To prevent unauthorized access, theft, vandalism, attractive nuisance or other hazards, reasonable and appropriate security measures, such as fences, walls and anti-climbing devices, may be approved. Security measures shall be designed and implemented in a manner that enhances or contributes to the overall stealth, and the reviewing City authority may condition approval on additional stealth elements to mitigate any aesthetic impacts, which may include, without limitation, additional landscape or hardscape features. Barbed wire, razor ribbon, electrified fences, or any similar security measures are prohibited. Alarm systems shall not include any audible sirens or other sounds. i. All wireless facilities shall be designed by qualified, licensed persons to provide the maximum protection that is technically feasible to prevent electrical and fire hazards. All wireless facilities should be proactively monitored and maintained to continue and, if possible, improve the safety design. 3. This subsection E(3) establishes additional design and development standards for all wireless facilities, except Type 5 eligible facilities requests, proposed to be located upon a rooftop or attached to an existing building. a. Any screening used in connection with a wall-mounted and/or roof-mounted facility, shall be compatible with the architecture, color, texture, and 170 65277.00023\41809994.2 -11- materials of the building or other structure to which it is mounted. b. The facility shall be placed to the centermost location of the rooftop to screen it from view from the street and adjacent properties, or incorporate façades to create a stealth facility that is designed to look like something other than a wireless facility. c. Wireless communication antennas and facilities shall not be located on roofs or walls of any structures on private residential property, but may be located on commercial buildings and properties, and on publicly owned properties or buildings. 4. Temporary facilities shall be subject only to the following design and development standards in this Section 17.27.040(E)(4). Temporary facilities include, without limitation, cells on wheels (also referred to as COWs), sites on wheels (also referred as SOWs), cells on light trucks (also referred to as COLTs), or other similar wireless facilities: a. That will be in place for no more than six months, or such other longer time as the City may allow in light of the event or emergency; b. For which required notice is provided to the FAA; c. That do not require marking or lighting under FAA regulations; d. That will not exceed fifty (50) feet in height; and e. That will either involve no excavation or involve excavation only as required to safely anchor the facility where the depth of previous disturbance exceeds the proposed construction depth (excluding footings and other anchoring mechanisms) by at least two (2) feet. 5. All wireless communications facilities, except Type 5 eligible facilities requests, shall not be located on private residential property outside of the right-of-way or outside a roadway easement, but may be located on existing utility poles. 6. This subsection E(6) establishes generally applicable location standards for all wireless communications facilities, except Type 5 eligible facilities requests, inside of the right-of-way or inside a roadway easement: a. Wireless communications facilities shall utilize existing poles, structures, street signs or utilize the replacement of existing structures, poles, and street signs in the right-of-way or within a roadway easement to avoid the proliferation of new poles and structures in the right-of-way and roadway easements; b. Wireless communications facilities shall not be located in the right-of-way or within a roadway easement in a manner which obstructs the view, as the term is defined in Section 17.26.020 of this Code, of any residential primary building; 171 65277.00023\41809994.2 -12- c. To the maximum extent technically feasible, wireless communications facilities shall be located on shared property lines separating two residential parcels. F. Infrastructure Controlled by City. The City, as a matter of policy, will negotiate agreements for the use of City-owned property. The placement of wireless facilities on those structures and property shall be subject to one or more negotiated agreements. The agreements shall specify the compensation to the City for use of the structures. The person seeking an agreement shall, in addition to any consideration paid, reimburse the City for all costs the City incurs in connection with its review of and action upon that person’s request for an agreement. G. Standard Conditions of Approval. In addition to all other conditions adopted by the applicable approval authority, all permits issued in accordance with this section, whether approved by the approval authority or deemed approved by the operation of law, shall be automatically subject to the conditions in this section. The approval authority (or the appellate authority on appeal) shall have discretion to modify, supplement, or amend these conditions on a case-by-case basis as may be necessary or appropriate under the circumstances to protect public health and safety or allow for the proper operation of the approved facility consistent with the goals of this section. 1. Permit Term. For any non-eligible facilities request, this permit will automatically expire 10 years and one day from its date of issuance. Any other permits or approvals issued in connection with an application subject to this section, which includes without limitation any permits or other approvals deemed-granted or deemed- approved under federal or state law, will not extend this term limit unless expressly provided otherwise in such permit or approval or required under federal or state law. 2. Strict Compliance with Approved Plans. Permittee must incorporate this permit, all conditions associated with this permit, and the approved photo simulations into the project plans (the “approved plans”). The permittee must construct, install and operate the wireless communication facility in strict compliance with the approved plans. Any alterations, modifications or other changes to the approved plans, whether requested by the permittee or required by other departments or public agencies with jurisdiction over the wireless communication facility, must be submitted in a written request subject to the Director of the Planning and Community Services Department’s prior review and approval. 3. Permit Expiration. This permit will automatically expire if construction or installation activities authorized herein do not commence within one (1) year from the date of this permit’s issuance. 4. Maintenance Obligations – Vandalism. The permittee shall keep the site, which includes without limitation any and all improvements, equipment, structures, access routes, fences, and landscape features, in a neat, clean, and safe condition in accordance with the approved plans and all conditions in this permit. The permittee shall keep the site area free from all litter and debris at all times. The permittee, at no cost to 172 65277.00023\41809994.2 -13- the City, shall remove and remediate any graffiti or other vandalism at the site within 48 hours after the permittee receives notice or otherwise becomes aware that such graffiti or other vandalism occurred. 5. Property Maintenance. The permittee shall ensure that all equipment and other improvements to be constructed and/or installed in connection with the approved plans are maintained in a manner that is not detrimental or injurious to the public health, safety, or general welfare, and that the aesthetic appearance is continuously preserved and substantially the same as shown in the approved plans at all times relevant to this permit. The permittee further acknowledges that failure to maintain compliance with this condition may result in a code enforcement action. 6. Compliance with Laws. The permittee shall maintain compliance at all times with all federal, state, and local statutes, regulations, orders, or other rules that carry the force of law (“laws”) applicable to the permittee, the subject property, the wireless facility, or any use or activities in connection with the use authorized by this permit, which includes without limitation any laws applicable to human exposure to RF emissions. The permittee expressly acknowledges and agrees that this obligation is intended to be broadly construed and that no other specific requirements in these conditions are intended to reduce, relieve, or otherwise lessen the permittee’s obligations to maintain compliance with all laws. In the event that the City fails to timely notice, prompt, or enforce compliance with any applicable provision in the Rolling Hills Municipal Code, any permit, any permit condition, or any applicable law or regulation, the applicant or permittee will not be relieved from its obligation to comply in all respects with all applicable provisions in the Rolling Hills Municipal Code, any permit, any permit condition, or any applicable law or regulation. 7. Adverse Impacts on Other Properties. The permittee shall use all reasonable efforts to avoid any and all undue or unnecessary adverse impacts on nearby properties that may arise from the permittee’s or its authorized personnel’s construction, installation, operation, modification, maintenance, repair, removal and/or other activities at the site. Impacts of radio frequency emissions on the environment, to the extent that such emissions are compliant with all applicable laws, are not “adverse impacts” for the purposes of this condition. The permittee shall not perform or cause others to perform any construction, installation, operation, modification, maintenance, repair, removal, or other work that involves heavy equipment or machines, except during normal construction hours as set forth in the Rolling Hills Municipal Code. The restricted work hours in this condition will not prohibit any work required to prevent an actual, immediate harm to property or persons, or any work during an emergency declared by the City. The Director of Planning and Community Services, or the Director’s designee, may issue a stop work order for any activities that violate this condition. 8. Inspections – Emergencies. The permittee expressly acknowledges and agrees that the City’s officers, officials, staff, and other designees may enter onto the site and inspect the improvements and equipment upon reasonable prior notice to the permittee; provided, however, that the City’s officers, officials, staff, or other designees may, but will not be obligated to, enter onto the site area without prior notice to support, 173 65277.00023\41809994.2 -14- repair, disable, or remove any improvements or equipment in emergencies or when such improvements or equipment threatens actual, imminent harm to property or persons. The permittee will be permitted to supervise the City’s officers, officials, staff, and other designees while any such inspection or emergency access occurs. 9. Permittee’s Contact Information. The permittee shall furnish the Director of Planning and Community Services with accurate and up-to-date contact information for a person responsible for the wireless facility, which includes without limitation such person’s full name, title, direct telephone number, facsimile number, mailing address, and email address. The permittee shall keep such contact information up-to-date at all times and immediately provide the Director with updated contact information in the event that either the responsible person or such person’s contact information changes. 10. Indemnification. The permittee and, if applicable, the owner of the property upon which the wireless facility is installed shall defend, indemnify, and hold harmless the City, its agents, officers, officials, employees, and volunteers from and against any and all (1) damages, liabilities, injuries, losses, costs, and expenses and from any and all claims, demands, lawsuits, writs, and other actions or proceedings (“claims”) brought against the City or its agents, officers, officials, employees, or volunteers to challenge, attack, seek to modify, set aside, void, or annul the City’s approval of this permit; and (2) other claims of any kind or form, whether for personal injury, death, or property damage, that arise from or in connection with the permittee’s or its agents’, directors’, officers’, employees’, contractors’, subcontractors’, licensees’, invitees’, volunteers’, or customers’ acts or omissions in connection with this permit or the wireless facility. In the event the City becomes aware of any third-party claims concerning this permit, the City will use best efforts to promptly notify the permittee and the private property owner and shall reasonably cooperate in the defense. The permittee expressly acknowledges and agrees that the City shall have the right to approve, which approval shall not be unreasonably withheld, the legal counsel providing the City’s defense, and the property owner and/or permittee (as applicable) shall promptly reimburse City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. The permittee expressly acknowledges and agrees that the permittee’s indemnification obligations under this condition are a material consideration that motivates the City to approve this permit, and that such indemnification obligations will survive the expiration or revocation of this permit. 11. Performance Bond. Prior to the issuance of any construction permit in connection with this permit, the permittee shall post a performance bond from a surety and in a form acceptable to the director in an amount reasonably necessary to cover the cost to remove the improvements and restore all affected areas based on a written estimate from a qualified contractor with experience in wireless facilities removal. The written estimate must include the cost to remove all equipment and other improvements, which include, without limitation, all antennas, radios, batteries, generators, utilities, cabinets, mounts, brackets, hardware, cables, wires, conduits, structures, shelters, towers, poles, footings, and foundations, whether above ground or below ground, constructed or installed, in connection with the wireless facility, plus the cost to completely 174 65277.00023\41809994.2 -15- restore any areas affected by the removal work to a standard compliant with applicable laws. 12. Recall to Approval Authority – Permit Revocation. The approval authority may recall this permit for review at any time due to complaints about noncompliance with applicable laws or any approval conditions attached to this permit. At a duly noticed public hearing and in accordance with all applicable laws, the approval authority may revoke this permit or amend these conditions as the approval authority deems necessary or appropriate to correct any such noncompliance. 13. Record Retention. The permittee must maintain complete and accurate copies of all permits and other regulatory approvals issued in connection with the wireless facility, which include, without limitation, this approval, the approved plans and photo simulations incorporated into this approval, all conditions associated with this approval, and any ministerial permits or approvals issued in connection with this approval. In the event that the permittee does not maintain such records as required in this condition, any ambiguities or uncertainties that would be resolved through an inspection of the missing records will be construed against the permittee. The permittee may keep electronic records; provided, however, that hard copies kept in the city’s regular files will control over any conflicts between such hard copies and the permittee’s electronic copies, and complete originals will control over all other copies in any form. 14. Permit Renewal. Any application to renew this permit must be tendered to the Director of Planning and Community Services within one (1) year prior to the expiration of this permit, and shall be accompanied by all required application materials, fees and deposits for a new application as then in effect. The approval authority shall review an application for permit renewal in accordance with the standards for new facilities as then in-effect. The Director of the Planning and Community Services Department may, but is not obligated to, grant a written temporary extension on the permit term to allow sufficient time to review a timely submitted permit renewal application. 15. Eligible facilities requests conditions of approval. In addition to compliance with the requirements of this Section, all facilities shall be subject to each of the following conditions of approval, as well as any modification of these conditions or additional conditions of approval deemed necessary by the decision-making authority: a. Permit subject to conditions of underlying permit. Any permit granted in response to an application qualifying as an eligible facilities request shall be subject to the terms and conditions of the underlying permit. b. No permit term extension. The City’s grant or deemed grant by operation of law of an eligible facilities request permit constitutes a federally-mandated modification to the underlying permit or approval for the subject tower or base station. Notwithstanding any permit duration established in another permit condition, the Town’s grant or grant by operation of law of an eligible facilities request permit will not extend the permit term for the underlying permit or any other underlying regulatory approval, and its term shall be coterminous with the underlying permit or other regulatory approval for the 175 65277.00023\41809994.2 -16- subject tower or base station. H. Limited Exceptions for Personal Wireless Service Facilities. 1. The applicable review authority may grant waivers of the design and location standards for wireless communications facilities subject to this section if it is determined that the applicant has established that denial of an application or strict adherence to the location and design standards would: a. Prohibit, or effectively prohibit, the provision of personal wireless services, within the meaning of federal law; or b. Otherwise violate applicable laws or regulations; or c. Require a technically infeasible location, design, or installation of a wireless facility. 2. If that determination is made, said requirements may be waived, but only to the minimum extent required to avoid the prohibition, violation, or technically infeasible location, design, or installation.” SECTION 5. Code Amendment. Section 17.44.020 of the Rolling Hills Municipal Code is hereby amended to add a new subsection (G), which shall read in its entirety as follows: “17.44.020 Applicability. . . . G. The installation, construction, modification, replacement, or placement certain wireless communications facilities requiring a zone clearance, as specified by Section 17.27.040.” SECTION 6. Code Amendment. Section 17.48.040 the of Rolling Hills Municipal Code is hereby amended to add a new subsection (B)(4), which shall read in its entirety as follows: “17.48.040 Allowed Temporary Uses. . . . B. Temporary Structures for Non-Active Construction Sites and Time Periods. . . . 4. Temporary Wireless Facilities. The installation, construction, modification, replacement, or placement certain temporary wireless communications 176 65277.00023\41809994.2 -17- facilities requiring a temporary use permit, as specified by Section 17.27.040.” SECTION 7. Code Amendment. Subsections “C” and “F” of Section 17.16.200 of the Rolling Hills Municipal Code are hereby amended in their entirety to both state the following: “Reserved”. SECTION 8. Severability. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this Ordinance or any part hereof is for any reason held to be invalid by a court of competent jurisdiction, such invalidity shall not affect the validity of the remaining portions of this ordinance or any part thereof. The City Council of the City of Rolling Hills hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared invalid. SECTION 9. Effective Date. This Ordinance takes effect 30 days after its adoption. SECTION 10. Certification. The City Clerk is hereby directed to certify to the passage of this Ordinance and cause the same, or a summary thereof, to be published or posted in the manner required by law. PASSED, APPROVED and ADOPTED this __ day of _______, 2023. _________________________________ Patrick Wilson, Mayor ATTEST: Christian Horvath, City Clerk APPROVED AS TO FORM: Patrick Donegan, City Attorney 177 65277.00023\41809994.2 -18- STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS ) I, Christian Horvath, City Clerk of the City of Rolling Hills, California, do hereby certify that the foregoing Ordinance No. _____ was adopted at a regular meeting of the City Council of the City of Rolling Hills held on the ___ day of __________, 2023, by the following vote: AYES: NOES: ABSENT: ABSTAIN: 178 65277.00023\41809994.1 -1- REDLINE VERSION SHOWING CHANGES MADE SINCE OCTOBER 17, 2023 PLANNING COMMISSION MEETING. ORDINANCE NO. 384 AN ORDINANCE OF THE CITY OF ROLLING HILLS, CALIFORNIA, AMENDING VARIOUS SECTIONS OF THE ROLLING HILLS MUNICIPAL CODE RELATING TO WIRELESS FACILITIES; AND FINDING THE ACTION EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT WHEREAS, California Government Code, section 65800 et seq., authorizes the City of Rolling Hills (“City”) to adopt and administer zoning laws, ordinances, rules and regulations as a means of implementing the General Plan; and WHEREAS, the City’s zoning regulations are contained in Title 17 of the Rolling Hills Municipal Code (“RHMC”). Among other things, Title 17 includes regulations governing wireless communication facilities (“WCF”); and WHEREAS, Title 17’s WCF regulations were most recently amended in 2004. Since then, changes in federal and state law—including various court decisions and Federal Communications Commission (FCC) orders and regulations—have placed significant procedural and substantive limits on the City’s exercise of local control over matters involving WCFs. This ordinance (“Ordinance”) amends Title 17 to comply with these changes in the law; and WHEREAS, California Government Code sections 65854 and 65856(a) require the Planning Commission and the City Council, respectively, to conduct public hearings on proposed amendments to Title 17 (i.e., zoning code amendments). The Planning Commission’s action serves as a recommendation to the City Council; and WHEREAS, on August 4, 2023, the City gave public notice of a Planning Commission public hearing to consider this Ordinance by advertisement in a newspaper of general circulation; and WHEREAS, on August 15, 2023 and September 12, 2023 and October 17, 2023, the Planning Commission held a duly-noticed public hearing and considered the staff report, recommendations by staff, and public testimony concerning this Ordinance. Following the public hearingThereafter, the Planning Commission: (i) provided direction to staff regarding the amendments to the Ordinance; and (ii) continued the public hearing to its November 21, 2023. Staff subsequently revised the Ordinance in accordance with the Planning Commission’s direction. The Planning Commission held a continued public hearing at its November 21, 2023 meeting and thereafter, recommended that the City Council adopt the Ordinance; and WHEREAS, on [DATE], the City gave public notice of a City Council public hearing to be held to consider this Ordinance by advertisement in a newspaper of general circulation; and EXHIBIT “A” 179 65277.00023\41809994.1 -2- WHEREAS, on [DATE], the City Council considered the staff report, recommendations by staff, and public testimony regarding this Ordinance. WHEREAS, all legal prerequisites to the adoption of the Ordinance have occurred. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES ORDAIN AS FOLLOWS: SECTION 1. Recitals. The City Council hereby finds and determines that the Recitals above are true and correct and are incorporated herein. SECTION 2. California Environmental Quality Act. The City Council finds that this Ordinance is not a “project” within the meaning of Section 15378 of the State CEQA Guidelines, because it has no potential for resulting in direct or indirect physical change in the environment. The Ordinance does not authorize any specific development or installation on any specific piece of property within the City’s boundaries. Moreover, when and if an application for installation is submitted, the City will at that time conduct preliminary review of the application in accordance with CEQA. Alternatively, even if the Ordinance is a “project” within the meaning of State CEQA Guidelines Section 15378, the Ordinance is exempt from CEQA on multiple grounds. First, the Ordinance is exempt CEQA because the City Council’s adoption of the Ordinance would covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. (State CEQA Guidelines, § 15061(b)(3)). That is, approval of the Ordinance will not result in the actual installation of any facilities in the City. In order to install a facility in accordance with this Ordinance, the wireless provider would have to submit an application for installation of the wireless facility. At that time, the City would have specific and definite information regarding the facility to review in accordance with CEQA. And, in fact, the City would conduct preliminary review under CEQA at that time. Moreover, in the event that the Ordinance is interpreted so as to permit installation of wireless facilities on a particular site, the installation would be exempt from CEQA review in accordance with either State CEQA Guidelines Section 15302 (replacement or reconstruction), State CEQA Guidelines Section 15303 (new construction or conversion of small structures), and/or State CEQA Guidelines Section 15304 (minor alterations to land). SECTION 3. General Plan. The City Council hereby finds that this Ordinance’s amendments to RHMC Title 17 are consistent with, and in further of, the City’s adopted General Plan. Specifically, General Plan Safety Element Policy 5.10: Support the development and further implementation of a peninsula-wide disaster plan; and Policy 5.14: Ensure the reliability of essential facilities such as communications towers, electrical substations, water services, and first-response buildings in the event of an emergency through promoting grid resilience and energy independence. Work to implement on-site power generation through solar photovoltaic systems and battery storage; and Policy 5.16: Increase access to essential resources and facilitate effective communication in the community to accelerate recovery following such a disaster; and Land Use Goal 2: Accommodate development which is compatible with and complements existing land 180 65277.00023\41809994.1 -3- uses. This Ordinance furthers these goals, policies, and actions by updating the City's regulations to achieve consistency with federal and state law and making certain refinements to ensure that Title 17 is consistent and clear and provides for streamlined approval processes for wireless communication facilities. Therefore, the Ordinance is consistent with the General Plan. SECTION 4. Code Amendment. Section 17.27.040 of the Rolling Hills Municipal Code is amended to read in its entirety as follows: “17.27.040 Wireless communication antennas and facilities. A. General. This Section establishes standards and procedures for the development and operation of wireless communications facilities, including, but not limited to, personal wireless services facilities, non-exempt satellite antennas, and single pole/tower amateur radio antennas. The requirements of this Section apply to all wireless communication facilities on public and private property and within the right of way that transmit and/or receive electromagnetic signals, including, but not limited to, personal wireless services, satellite, and radio and television broadcast facilities. 1. Application Types. a. Type 1 – Collocation of a small wireless facility on an existing structure. Type 1 applications shall be limited to applications wherein an applicant seeks to place a new small wireless facility upon an existing structure and either (i) the structure is not an existing tower or base station (as defined for Eligible facilities request purposes) or (ii) the structure is an existing tower or base station (as defined for Eligible facilities request purposes) but the proposed facility does not qualify as an Eligible facilities request. If the completed facility would still meet the physical limits and requirements to meet the definition of a small wireless facility after the installation of the new equipment, then the application to install such new equipment is a Type 1 application. b. Type 2 – Collocation on an existing structure which does not qualify as a Type 1 small wireless facility collocation or a Type 5 eligible facilities request. Type 2 applications shall be limited to applications wherein an applicant is seeking to place a new personal wireless service facility upon an existing structure which does not meet the definition of a small wireless facility or which will not meet the definition of a small wireless facility if and when the proposed new personal wireless service equipment is installed upon the existing facility and/or structure and either (i) the structure is not an existing tower or base station (as defined for Eligible facilities request purposes) or (ii) the structure is an existing tower or base station (as defined for Eligible facilities request purposes) but the proposed facility does not qualify as an Eligible facilities request. c. Type 3 – New small wireless facility on a new or replacement structure. Type 3 applications shall be limited to applications seeking to install and/or construct a new small wireless facility that involves placement of a new or replacement structure. 181 65277.00023\41809994.1 -4- d. Type 4 – New tower or any other wireless facility that is not a Type 1, 2, 3, 5, or 6 application. Type 4 applications shall include any applications for the installation of a new personal wireless service facility which does not meet the criteria for Type 1, 2, 3, 5, or 6 applications. e. Type 5 – Eligible facilities requests. Type 5 applications shall include any applications that purport to meet the criteria for an eligible facilities request under federal law and FCC regulations. f. Type 6 – Temporary facilities. Type 6 applications shall include any applications for a temporary facility to provide wireless services on a temporary or emergency basis. 2. Permit Requirements. No wireless communication facility shall be constructed, erected, placed, or modified anywhere within the City without first obtaining a permit pursuant to the requirements of this Section and without obtaining all permits required under any other applicable state, federal, or local laws or regulations. a. Conditional Use Permit Required. A conditional use permit shall be required for Type 2, 3 and 4 applications, which shall be reviewed and processed in accordance with Chapter 17.42 of this Code and the requirements of this Section 17.27.040. b. Zone Clearance Required. A zone clearance shall be required for Type 1, 2, 3,, 2, 3, and 5 applications, which shall be reviewed and processed in accordance with Chapter 17.44 of this Code and the requirements of this Section 17.27.040. c. Temporary Use Permit Required. A temporary use permit shall be required for Type 6 applications, which shall be reviewed and processed in accordance with Chapter 17.48 of this Code and the requirements of this Section 17.27.040. 3. Exempt Wireless Communication Facilities. The following wireless communication facilities are exempt from the requirements of this Section: a. Wireless facilities operated by the City for public purposes. b. Hand-held mobile, marine, and portable radio transmitters and/or receivers which are not affixed to land or a structure. c. Traditional terrestrial radio and television mobile broadcast facilities. d. A single ground-mounted or building-mounted antenna not exceeding the maximum height permitted by this Section, including any mast, subject to the following restrictions: (1) Satellite Dish 39.37 inches (one meter) or Less. A satellite dish antenna 39.37 inches (one meter) or less in diameter and (a) intended for the sole 182 65277.00023\41809994.1 -5- use of a person occupying the same parcel to receive direct broadcast satellite service, including direct-to-home satellite service, or to receive or transmit fixed wireless signals via satellite or (b) a hub or relay antenna used to receive or transmit fixed wireless services that are not classified as telecommunications services, is permitted anywhere on a lot, provided it does not exceed the height of the ridgeline of the primary structure on the same parcel. (2) Non-Satellite Dish 39.37 inches (one meter) or Less. A dish antenna 39.37 inches (one meter) or less in diameter or diagonal measurement and (a) intended for the sole use of a person occupying the same parcel to receive video programming services via multipoint distribution services, including multichannel multipoint distribution services, instructional television fixed services, and local multipoint distribution services, or to receive or transmit fixed wireless signals other than via satellite or (b) a hub or relay antenna used to receive or transmit fixed wireless services that are not classified as telecommunications services, is permitted anywhere on a lot. e. Amateur radio antennas meeting the following requirements: (1) That are completely enclosed within a permitted building; or (2) That consist of a single wire not exceeding one-fourth of an inch in diameter, and such wire antennas may be located in setback areas, provided the antenna does not extend above the maximum building height in the district; or (3) That consist of a single ground-mounted vertical pole or whip antenna not exceeding 50 feet in height, measured from finish grade at the base of the antenna, and not located in any required setback area. Support structures or masts for pole or whip antennas shall conform to standards set out in the California Building Standards Code. A building permit may be required for the support structure or mast. B. Definitions. For the purpose of this chapter, certain words and terms are hereby defined. Words used in the singular shall be deemed to include the plural and the plural the singular; unless more specifically defined in this chapter, the word “building” is interchangeable with the word “structure,” and the word “shall” is mandatory and not discretionary. All equipment not specifically described herein shall be regulated in conformity with that equipment described herein which is most substantially similar, from a functionality standpoint. Reference to “facility” is interchangeable with “wireless communications facility,” unless otherwise noted. 1. “Antenna” shall mean any system of wires, poles, rods, reflecting discs, or similar devices used in wireless communications for the transmission or reception of electromagnetic waves when such system is operated or operating from a fixed location. 2. “Applicant” or “provider” shall mean the person or entity applying for a permit to install wireless communications facilities. 3. “Base Station” shall have the same meaning as defined by 47 C.F.R. Section 1.6100(b)(1), or any successor provision. 4. “Colocation,” “Co-location,” and “Collocation” shall mean the same as defined by the FCC in 47 C.F.R. § 1.6002(g), which means (1) Mounting or installing an antenna facility on a pre-existing structure; and/or (2) Modifying a structure for the 183 65277.00023\41809994.1 -6- purpose of mounting or installing an antenna facility on that structure. For eligible facilities requests (Type 5), “Colocation,” “Co-location,” and “Collocation” shall mean the same as defined by the FCC in 47 C.F.R. § 1.6100(b)(2), which means the mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes. 5. “Eligible Facilities Request” shall mean any request for modification of a legally existing tower or base station that does not substantially change the physical dimensions of such tower or base station as defined in 47 C.F.R. section 1.6100(b)(3), or any successor provision. 6. “Monopole” shall mean a free-standing pole, like a slim line, flagpole, or similar structure. 7. “Personal Wireless Services” shall mean those services as defined in 47 U.S.C. section 332(c)(7)(C)(i), or any successor provision, current examples of which include, but are not limited to, commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services. 8. “Roof-mounted” shall mean any type of facility in which antennas are mounted on the roof, parapet, or similar feature of a structure. 9. “Small Wireless Facility” shall mean the same as defined by the FCC in 47 C.F.R. section 1.6002(l), or any successor provision. 10. “Support structure” shall mean any structure capable of supporting a base station, as defined in 47 C.F.R. section 1.6002(m), or any successor provision. 11. “Temporary facility” shall mean any wireless communication facility intended or used to provide wireless services on a temporary or emergency basis, such as a large-scale special event in which more users than usual gather in a single location or following a duly proclaimed local or state emergency, as defined in Government Code section 8558, requiring additional service capabilities. 12. “Tower” shall mean the same as defined in 47 C.F.R. section 1.6100(b)(9), or any successor provision. This definition does not include Utility Poles. 13. “Utility pole” shall mean any structure designed to support electric, telephone, and similar utility lines. A Tower is not a utility pole. 14. “Wireless communications facilities” and “facilities” shall mean any transmitters, antenna structures, equipment cabinets, concealment, meters, switches, cabling, and other types of facilities used for the provision of wireless services at a fixed location, including, without limitation, any associated tower(s), support structure(s), and base station(s). C. Application Requirements. An applicant seeking to install, construct, modify, replace, or place a wireless communications facility shall complete and submit an 184 65277.00023\41809994.1 -7- application to the Planning and Community Services Department for review and processing, upon the form published by the Director of the Planning and Community Services Department, which may be updated from time to time. In addition to any requirements specified by the application form, all applications shall, at minimum, require submission of the following: 1. Name of applicant, contact information, location of proposed site, description of the application type sought, and the name and contact information of the user/ provider that will use the facility. 2. A brief narrative accompanied by written documentation and a site plan or map together with photo simulations that explain the project. 3. A narrative and scaled map(s) that precisely disclose the geographic area(s) within the City proposed to be serviced by the proposed facility. 4. A radiofrequency (RF) environmental evaluation report certifying that the proposed wireless communications facility meets FCC regulations and standards for construction, maintenance and operations. D. Findings for Approval. 1. Findings for Approval of a Conditional Use Permit required by this section (Types 2, 3 and 4). Approval of any Conditional Use Permit required by this section is subject to the following findings: a. All findings for approval required for Conditional Use Permits as specified in Section 17.42.050; and b. The facility complies with all applicable requirements of Section 17.27.040, including all requirements for the requested permit; all application requirements; and all applicable design, location, and development standards, or has a waiver exception thereof; and c. The facility meets applicable requirements and standards of federal and state law, including all applicable general orders of the California Public Utilities Commission; and d. The project has received approval from the Rolling Hills Community Association. 2. Findings for Approval of a Non-Eligible Facility Request Zone Clearance required by this section (Typess 1, 2, and 3, 2, and 3). Approval of any Non- Eligible Facility Request Zone Clearance required by this section is subject to the following findings: a. The proposed facility is consistent with the provisions of Title 17; and 185 65277.00023\41809994.1 -8- b. The facility complies with all applicable requirements of Section 17.27.040, including all requirements for the requested permit; all application requirements; and all applicable design, location, and development standards, or has a waiver exception therefrom; and c. The facility meets applicable requirements and standards of federal and state law, including all applicable general orders of the California Public Utilities Commission; and d. The project has received approval from the Rolling Hills Community Association. 3. Findings for Approval of a Zone Clearance for an Eligible Facilities Request required by this section (Type 5). No zone clearance shall be approved for an eligible facilities request unless, on the basis of the application and other materials or evidence provided in review thereof, the following findings are made: a. The proposed collocation or modification meets each and every one of the applicable criteria for an eligible facilities request stated in 47 C.F.R. sections 1.6100(b)(3)–(9), or any successor provisions, after application of the definitions in 47 C.F.R. section 1.6100(b). The reviewing City authority shall make an express finding for each criterion; and b. The proposed facility complies with conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment, except to the extent preempted by 47 C.F.R. sections 1.6100(b)(7)(i)–(iv), or any successor provisions; and c. The proposed facility will comply with all generally applicable laws. 4. Findings for Approval of a Temporary Use Permit required by this section (Type 6). Approval of any Temporary Use Permit required by this Section is subject to the following findings: a. The proposed temporary use is allowed within the applicable zoning district with the approval of a temporary use permit and complies with all other applicable provisions of this Zoning Ordinance and the Municipal Code; and b. The proposed temporary use would not unduly impair the integrity and character of the zoning district in which it is located; and c. Appropriate measures have been taken to protect the public health, safety, and general welfare to minimize detrimental effects on adjacent properties; and d. The facility complies with all applicable requirements of Section 17.27.040, including all requirements for the requested permit; all application 186 65277.00023\41809994.1 -9- requirements; and all applicable design, location, and development standards, or has a waiver exception thereof; and e. The facility meets applicable requirements and standards of federal and state law, including all applicable general orders of the California Public Utilities Commission; and f. The project has received approval from the Rolling Hills Community Association. E. Design, Location, and Development Standards. 1. In addition to the design, location, and development standards outlined in this subsection 17.27.040(E), the Planning Commission is authorized to develop and adopt from time to time supplemental design, location, and development standards for all wireless communications facilities subject to this Section 17.27.040 by resolution. 1.2. This subsection E(21) establishes generally applicable design and development standards for all wireless facilities, except Type 5 eligible facilities requests. a. The facility shall be erected, located, operated, and maintained at all times in compliance with this section and all applicable laws, regulations, and requirements of the California Building Code, as modified by the City, and every other code and regulation imposed or enforced by the City, the State of California, and the United States Federal Government. Applicants are separately required to obtain all applicable building and construction permits that may be required prior to erecting or installing the facility. b. State-of-the-art stealth design technology shall be utilized as appropriate to the site and type of facility so that the proposed wireless facility will look like something other than a wireless facility. Wireless communications facilities that are mounted on buildings or structures shall be designed to match existing architectural features, incorporated in building design elements, camouflaged, painted, or otherwise screened to achieve a stealth design in a manner that is compatible with the architectural design of the building or structure and compatible with the appearance and character of the surrounding neighborhood. New standalone or replacement facilities shall use designs that are compatible and blend in with the surrounding area. For example, faux trees should be of the same type and size as nearby real trees. All finishes shall be non- reflective. c. The facility shall not bear any signs or advertising devices other than certification, public safety, warning, or other legally required seals or signage. d. Any and all accessory equipment, or other equipment associated with the operation of the facility, including but not limited to transmission cables and wires, shall be screened, located within an enclosure or underground vault in a manner that, if aboveground, is visually compatible with the surrounding area and either 187 65277.00023\41809994.1 -10- (1) shrouded by sufficient landscaping to screen the equipment from view, or (2) designed to match the architecture of adjacent buildings and (3) shall not interfere with equestrian activities or easements. e. The facility exterior shall be comprised of non-reflective material(s) and painted or camouflaged to blend with surrounding materials and colors. All exterior surfaces shall be painted, colored, and/or wrapped in flat, muted, subdued, non-reflective hues that match the underlying structure or otherwise blend in with the surrounding environment. All exterior surfaces on wireless facilities shall be constructed from, or coated with, graffiti-resistant materials. All finishes shall be subject to the reviewing City authority’s prior approval. f. All wireless facilities must be compliant with all applicable noise regulations, which includes, without limitation, any noise regulations in this code. The reviewing City authority may require the applicant to incorporate appropriate noise- baffling materials and/or noise-mitigation strategies to avoid any ambient noise from equipment reasonably likely to exceed the applicable noise regulations. g. Wireless facilities may not include exterior lights other than as may be required under Federal Aviation Administration, FCC, other applicable federal or state governmental regulations. All exterior lights permitted or required to be installed must be installed in locations and within enclosures that mitigates illumination impacts on other properties to the maximum extent feasible. Any lights associated with the electronic equipment shall be appropriately shielded from public view. Any light beacons or lightning arresters shall be included in the overall height calculation. h. To prevent unauthorized access, theft, vandalism, attractive nuisance or other hazards, reasonable and appropriate security measures, such as fences, walls and anti-climbing devices, may be approved. Security measures shall be designed and implemented in a manner that enhances or contributes to the overall stealth, and the reviewing City authority may condition approval on additional stealth elements to mitigate any aesthetic impacts, which may include, without limitation, additional landscape or hardscape features. Barbed wire, razor ribbon, electrified fences, or any similar security measures are prohibited. Alarm systems shall not include any audible sirens or other sounds. i. All wireless facilities shall be designed by qualified, licensed persons to provide the maximum protection that is technically feasible to prevent electrical and fire hazards. All wireless facilities should be proactively monitored and maintained to continue and, if possible, improve the safety design. 2.3. This subsection E(32) establishes additional design and development standards for all wireless facilities, except Type 5 eligible facilities requests, proposed to be located upon a rooftop or attached to an existing building. a. Any screening used in connection with a wall-mounted and/or roof-mounted facility, shall be compatible with the architecture, color, texture, and 188 65277.00023\41809994.1 -11- materials of the building or other structure to which it is mounted. b. The facility shall be placed to the centermost location of the rooftop to screen it from view from the street and adjacent properties, or incorporate façades to create a stealth facility that is designed to look like something other than a wireless facility. c. Wireless communication antennas and facilities shall not be located on roofs or walls of any structures on private residential property, but may be located on commercial buildings and properties, and on publicly owned properties or buildings. 3.4. Temporary facilities shall be subject only to the following design and development standards in this Section 17.27.040(E)(43). Temporary facilities include, without limitation, cells on wheels (also referred to as COWs), sites on wheels (also referred as SOWs), cells on light trucks (also referred to as COLTs), or other similar wireless facilities: a. That will be in place for no more than six months, or such other longer time as the City may allow in light of the event or emergency; b. For which required notice is provided to the FAA; c. That do not require marking or lighting under FAA regulations; d. That will not exceed fifty (50) feet in height; and e. That will either involve no excavation or involve excavation only as required to safely anchor the facility where the depth of previous disturbance exceeds the proposed construction depth (excluding footings and other anchoring mechanisms) by at least two (2) feet. 5. All wireless communications facilities, except Type 5 eligible facilities requests, shall not be located on private residential property outside of the right-of-way or outside a roadway easement, but may be located on existing utility poles. 6. This subsection E(65) establishes generally applicable location standards for all wireless communications facilities, except Type 5 eligible facilities requests, inside of the right-of-way or inside a roadway easement: a. Wireless communications facilities shall utilize existing poles, structures, street signs or utilize the replacement of existing structures, poles, and street signs in the right-of-way or within a roadway easement to avoid the proliferation of new poles and structures in the right-of-way and roadway easements; b. Wireless communications facilities shall not be located in the right-of-way or within a roadway easement in a manner which obstructs the view, as the term is defined in Section 17.26.020 of this Code,the front façade of any residential 189 65277.00023\41809994.1 -12- primary building; c. To the maximum extent technically feasible, Wwireless communications facilities shall not be located within ten (10) feet of any on shared property lines separating two residential parcelsin the right-of-way or within a roadway easement. F. Infrastructure Controlled by City. The City, as a matter of policy, will negotiate agreements for the use of City-owned property. The placement of wireless facilities on those structures and property shall be subject to one or more negotiated agreements. The agreements shall specify the compensation to the City for use of the structures. The person seeking an agreement shall, in addition to any consideration paid, reimburse the City for all costs the City incurs in connection with its review of and action upon that person’s request for an agreement. G. Standard Conditions of Approval. In addition to all other conditions adopted by the applicable approval authority, all permits issued in accordance with this section, whether approved by the approval authority or deemed approved by the operation of law, shall be automatically subject to the conditions in this section. The approval authority (or the appellate authority on appeal) shall have discretion to modify, supplement, or amend these conditions on a case-by-case basis as may be necessary or appropriate under the circumstances to protect public health and safety or allow for the proper operation of the approved facility consistent with the goals of this section. 1. Permit Term. For any non-eligible facilities request, this permit will automatically expire 10 years and one day from its date of issuance. Any other permits or approvals issued in connection with an application subject to this section, which includes without limitation any permits or other approvals deemed-granted or deemed- approved under federal or state law, will not extend this term limit unless expressly provided otherwise in such permit or approval or required under federal or state law. 2. Strict Compliance with Approved Plans. Permittee must incorporate this permit, all conditions associated with this permit, and the approved photo simulations into the project plans (the “approved plans”). The permittee must construct, install and operate the wireless communication facility in strict compliance with the approved plans. Any alterations, modifications or other changes to the approved plans, whether requested by the permittee or required by other departments or public agencies with jurisdiction over the wireless communication facility, must be submitted in a written request subject to the Director of the Planning and Community Services Department’s prior review and approval. 3. Permit Expiration. This permit will automatically expire if construction or installation activities authorized herein do not commence within one (1) year from the date of this permit’s issuance. 4. Maintenance Obligations – Vandalism. The permittee shall keep the 190 65277.00023\41809994.1 -13- site, which includes without limitation any and all improvements, equipment, structures, access routes, fences, and landscape features, in a neat, clean, and safe condition in accordance with the approved plans and all conditions in this permit. The permittee shall keep the site area free from all litter and debris at all times. The permittee, at no cost to the City, shall remove and remediate any graffiti or other vandalism at the site within 48 hours after the permittee receives notice or otherwise becomes aware that such graffiti or other vandalism occurred. 5. Property Maintenance. The permittee shall ensure that all equipment and other improvements to be constructed and/or installed in connection with the approved plans are maintained in a manner that is not detrimental or injurious to the public health, safety, or general welfare, and that the aesthetic appearance is continuously preserved and substantially the same as shown in the approved plans at all times relevant to this permit. The permittee further acknowledges that failure to maintain compliance with this condition may result in a code enforcement action. 6. Compliance with Laws. The permittee shall maintain compliance at all times with all federal, state, and local statutes, regulations, orders, or other rules that carry the force of law (“laws”) applicable to the permittee, the subject property, the wireless facility, or any use or activities in connection with the use authorized by this permit, which includes without limitation any laws applicable to human exposure to RF emissions. The permittee expressly acknowledges and agrees that this obligation is intended to be broadly construed and that no other specific requirements in these conditions are intended to reduce, relieve, or otherwise lessen the permittee’s obligations to maintain compliance with all laws. In the event that the City fails to timely notice, prompt, or enforce compliance with any applicable provision in the Rolling Hills Municipal Code, any permit, any permit condition, or any applicable law or regulation, the applicant or permittee will not be relieved from its obligation to comply in all respects with all applicable provisions in the Rolling Hills Municipal Code, any permit, any permit condition, or any applicable law or regulation. 7. Adverse Impacts on Other Properties. The permittee shall use all reasonable efforts to avoid any and all undue or unnecessary adverse impacts on nearby properties that may arise from the permittee’s or its authorized personnel’s construction, installation, operation, modification, maintenance, repair, removal and/or other activities at the site. Impacts of radio frequency emissions on the environment, to the extent that such emissions are compliant with all applicable laws, are not “adverse impacts” for the purposes of this condition. The permittee shall not perform or cause others to perform any construction, installation, operation, modification, maintenance, repair, removal, or other work that involves heavy equipment or machines, except during normal construction hours as set forth in the Rolling Hills Municipal Code. The restricted work hours in this condition will not prohibit any work required to prevent an actual, immediate harm to property or persons, or any work during an emergency declared by the City. The Director of Planning and Community Services, or the Director’s designee, may issue a stop work order for any activities that violate this condition. 8. Inspections – Emergencies. The permittee expressly acknowledges 191 65277.00023\41809994.1 -14- and agrees that the City’s officers, officials, staff, and other designees may enter onto the site and inspect the improvements and equipment upon reasonable prior notice to the permittee; provided, however, that the City’s officers, officials, staff, or other designees may, but will not be obligated to, enter onto the site area without prior notice to support, repair, disable, or remove any improvements or equipment in emergencies or when such improvements or equipment threatens actual, imminent harm to property or persons. The permittee will be permitted to supervise the City’s officers, officials, staff, and other designees while any such inspection or emergency access occurs. 9. Permittee’s Contact Information. The permittee shall furnish the Director of Planning and Community Services with accurate and up-to-date contact information for a person responsible for the wireless facility, which includes without limitation such person’s full name, title, direct telephone number, facsimile number, mailing address, and email address. The permittee shall keep such contact information up-to-date at all times and immediately provide the Director with updated contact information in the event that either the responsible person or such person’s contact information changes. 10. Indemnification. The permittee and, if applicable, the owner of the property upon which the wireless facility is installed shall defend, indemnify, and hold harmless the City, its agents, officers, officials, employees, and volunteers from and against any and all (1) damages, liabilities, injuries, losses, costs, and expenses and from any and all claims, demands, lawsuits, writs, and other actions or proceedings (“claims”) brought against the City or its agents, officers, officials, employees, or volunteers to challenge, attack, seek to modify, set aside, void, or annul the City’s approval of this permit; and (2) other claims of any kind or form, whether for personal injury, death, or property damage, that arise from or in connection with the permittee’s or its agents’, directors’, officers’, employees’, contractors’, subcontractors’, licensees’, invitees’, volunteers’, or customers’ acts or omissions in connection with this permit or the wireless facility. In the event the City becomes aware of any third-party claims concerning this permit, the City will use best efforts to promptly notify the permittee and the private property owner and shall reasonably cooperate in the defense. The permittee expressly acknowledges and agrees that the City shall have the right to approve, which approval shall not be unreasonably withheld, the legal counsel providing the City’s defense, and the property owner and/or permittee (as applicable) shall promptly reimburse City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. The permittee expressly acknowledges and agrees that the permittee’s indemnification obligations under this condition are a material consideration that motivates the City to approve this permit, and that such indemnification obligations will survive the expiration or revocation of this permit. 11. Performance Bond. Prior to the issuance of any construction permit in connection with this permit, the permittee shall post a performance bond from a surety and in a form acceptable to the director in an amount reasonably necessary to cover the cost to remove the improvements and restore all affected areas based on a written estimate from a qualified contractor with experience in wireless facilities removal. The written estimate must include the cost to remove all equipment and other improvements, 192 65277.00023\41809994.1 -15- which include, without limitation, all antennas, radios, batteries, generators, utilities, cabinets, mounts, brackets, hardware, cables, wires, conduits, structures, shelters, towers, poles, footings, and foundations, whether above ground or below ground, constructed or installed, in connection with the wireless facility, plus the cost to completely restore any areas affected by the removal work to a standard compliant with applicable laws. 12. Recall to Approval Authority – Permit Revocation. The approval authority may recall this permit for review at any time due to complaints about noncompliance with applicable laws or any approval conditions attached to this permit. At a duly noticed public hearing and in accordance with all applicable laws, the approval authority may revoke this permit or amend these conditions as the approval authority deems necessary or appropriate to correct any such noncompliance. 13. Record Retention. The permittee must maintain complete and accurate copies of all permits and other regulatory approvals issued in connection with the wireless facility, which include, without limitation, this approval, the approved plans and photo simulations incorporated into this approval, all conditions associated with this approval, and any ministerial permits or approvals issued in connection with this approval. In the event that the permittee does not maintain such records as required in this condition, any ambiguities or uncertainties that would be resolved through an inspection of the missing records will be construed against the permittee. The permittee may keep electronic records; provided, however, that hard copies kept in the city’s regular files will control over any conflicts between such hard copies and the permittee’s electronic copies, and complete originals will control over all other copies in any form. 14. Permit Renewal. Any application to renew this permit must be tendered to the Director of Planning and Community Services within one (1) year prior to the expiration of this permit, and shall be accompanied by all required application materials, fees and deposits for a new application as then in effect. The approval authority shall review an application for permit renewal in accordance with the standards for new facilities as then in-effect. The Director of the Planning and Community Services Department may, but is not obligated to, grant a written temporary extension on the permit term to allow sufficient time to review a timely submitted permit renewal application. 15. Eligible facilities requests conditions of approval. In addition to compliance with the requirements of this Section, all facilities shall be subject to each of the following conditions of approval, as well as any modification of these conditions or additional conditions of approval deemed necessary by the decision-making authority: a. Permit subject to conditions of underlying permit. Any permit granted in response to an application qualifying as an eligible facilities request shall be subject to the terms and conditions of the underlying permit. b. No permit term extension. The City’s grant or deemed grant by operation of law of an eligible facilities request permit constitutes a federally-mandated modification to the underlying permit or approval for the subject tower or base station. 193 65277.00023\41809994.1 -16- Notwithstanding any permit duration established in another permit condition, the Town’s grant or grant by operation of law of an eligible facilities request permit will not extend the permit term for the underlying permit or any other underlying regulatory approval, and its term shall be coterminous with the underlying permit or other regulatory approval for the subject tower or base station. H. Limited Exceptions for Personal Wireless Service Facilities. 1. The applicable review authority may grant waivers of the design and location standards for wireless communications facilities subject to this section if it is determined that the applicant has established that denial of an application or strict adherence to the location and design standards would: a. Prohibit, or effectively prohibit, the provision of personal wireless services, within the meaning of federal law; or b. Otherwise violate applicable laws or regulations; or c. Require a technically infeasible location, design, or installation of a wireless facility. 2. If that determination is made, said requirements may be waived, but only to the minimum extent required to avoid the prohibition, violation, or technically infeasible location, design, or installation.” SECTION 5. Code Amendment. Section 17.44.020 of the Rolling Hills Municipal Code is hereby amended to add a new subsection (G), which shall read in its entirety as follows: “17.44.020 Applicability. . . . G. The installation, construction, modification, replacement, or placement certain wireless communications facilities requiring a zone clearance, as specified by Section 17.27.040.” SECTION 6. Code Amendment. Section 17.48.040 the of Rolling Hills Municipal Code is hereby amended to add a new subsection (B)(4), which shall read in its entirety as follows: “17.48.040 Allowed Temporary Uses. . . . B. Temporary Structures for Non-Active Construction Sites and Time Periods. 194 65277.00023\41809994.1 -17- . . . 4. Temporary Wireless Facilities. The installation, construction, modification, replacement, or placement certain temporary wireless communications facilities requiring a temporary use permit, as specified by Section 17.27.040.” SECTION 7. Code Amendment. Subsections “C” and “F” of Section 17.16.200 of the Rolling Hills Municipal Code are hereby amended in their entirety to both state the following: “Reserved”. SECTION 8. Severability. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this Ordinance or any part hereof is for any reason held to be invalid by a court of competent jurisdiction, such invalidity shall not affect the validity of the remaining portions of this ordinance or any part thereof. The City Council of the City of Rolling Hills hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared invalid. SECTION 9. Effective Date. This Ordinance takes effect 30 days after its adoption. SECTION 10. Certification. The City Clerk is hereby directed to certify to the passage of this Ordinance and cause the same, or a summary thereof, to be published or posted in the manner required by law. PASSED, APPROVED and ADOPTED this __ day of _______, 2023. _________________________________ Patrick Wilson, Mayor ATTEST: Christian Horvath, City Clerk APPROVED AS TO FORM: Patrick Donegan, City Attorney 195 65277.00023\41809994.1 -18- STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS ) I, Christian Horvath, City Clerk of the City of Rolling Hills, California, do hereby certify that the foregoing Ordinance No. _____ was adopted at a regular meeting of the City Council of the City of Rolling Hills held on the ___ day of __________, 2023, by the following vote: AYES: NOES: ABSENT: ABSTAIN: 196 1 John Signo From:Garcia, Stephen <Stephen.Garcia@crowncastle.com> Sent:Monday, October 2, 2023 8:19 AM To:John Signo Cc:Garcia, Stephen Subject:RE: Planning Commission Agendas for Tuesday, March 21, 2023 External (stephen.garcia@crowncastle.com) Report This Email FAQ Protection by INKY Hi John, Re: Planning Commission – October 17th I have corporate all hands meeting on the 17th in Austin, TX, so, I am asking if you can postpone the hearing for the wireless matter until the 31st or the 1st hearing in November. I will have a slides to share with you prior to the hearing and for your staff report, but let me know if you can reschedule it. Thank you, Stephen Stephen Garcia External Affairs Manager – Los Angeles County 949 676-4766 tel CROWN CASTLE www.CrownCastle.com From: John Signo <jsigno@cityofrh.net> Sent: Friday, September 8, 2023 1:47 PM To: Garcia, Stephen <Stephen.Garcia@crowncastle.com> Subject: RE: Planning Commission Agendas for Tuesday, March 21, 2023 CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. We have an old ordinance that is in need of updating. This will be updating that ordinance. 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 197 2 From: Garcia, Stephen <Stephen.Garcia@crowncastle.com> Sent: Friday, September 8, 2023 12:12 PM To: John Signo <jsigno@cityofrh.net> Cc: Garcia, Stephen <Stephen.Garcia@crowncastle.com> Subject: RE: Planning Commission Agendas for Tuesday, March 21, 2023 Hi John, I have a few questions, but my first question is simple. Is this the old Ordinance that the City intends to amend or is it a new ordinance? Stephen Stephen Garcia External Affairs Manager Southern California T: (562) 665-9421 CROWN CASTLE 200 Spectrum Center Drive, Suite 1700, Irvine, CA 92618 www.CrownCastle.com From: John Signo <jsigno@cityofrh.net> Sent: Thursday, September 7, 2023 4:36 PM Subject: Planning Commission Agendas for Tuesday, March 21, 2023 CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Greetings! I am including you in this message since you have been involved in the City’s Wireless Ordinance Update. Attached is the Planning Commission agenda for Tuesday, September 12, 2023. The complete packet is on the City’s website: https://www.rolling- hills.org/government/agenda/index.php The evening meeting will be in-person at City Hall and starts at 6:30 p.m. Let me know if you have any questions. Regards, John F. Signo, AICP Director of Planning and Community Services CITY OF ROLLING HILLS – CITY HALL 2 Portuguese Bend Road, Rolling Hills CA 90274 O: 310.377.1521 You don't often get email from jsigno@cityofrh.net. Learn why this is important 198 3 This email may contain confidential or privileged material. Use or disclosure of it by anyone other than the recipient is unauthorized. If you are not an intended recipient, please delete this email. This email may contain confidential or privileged material. Use or disclosure of it by anyone other than the recipient is unauthorized. If you are not an intended recipient, please delete this email. 199 PAGE PROPRIETARY &CONFIDENTIALThe pathway to possible. Crown Castle Rolling Hills October 10,2023 PAGE 3 PROPRIETARY &CONFIDENTIAL CC & RHCA -History CrownCastle founded Small cell solutions business established RHCA and CC execute 1st Amendment to ROW agreement RHCA request Master Plan and multi-carrierdesign solution RHCA’s advises CC and fellow utilities about their Rule 20 plans RHCA andCC execute ROW agreement '94 '02 '12 '13 '14 '15 '16 '17 RHCA request meeting with CC to address complaints about aerial fiber Applications for PV38 modifications & new sites submitted to RHCA RHCA approved 1 new site (ASP09) and modifications, but rejects new PV80 sites, aerial fiber, meters and JPA sites due to proximity of sites to homes. Residents question demand. '18 RHCA and Crown Castle reviewed concepts and locations for new sites at trail- heads. Locations were not ideal, and no carrier showed interest in the trailhead locations. '23 RHCA considering street sign replacement poles in low coverage areas. RHCA request mock-up and additional information. Crown Castle is seeking level of interest by residents if RHCA agrees on a design standard, pole height(s) and identifies location(s) or streets for new sites. 200 PROPRIETARY & CONFIDENTIAL | PAGENOVEMBER, 2021 5G Who is Crown Castle? PROPRIETARY & CONFIDENTIAL | PAGENOVEMBER, 2021 5G Why Crown Castle? 201 PAGE 12 PROPRIETARY &CONFIDENTIAL Network Overview PAGE 7 PROPRIETARY &CONFIDENTIAL Crown Castle fiber in Rolling Hills and surroundings Small Cell fiber routes Peninsula USD fiber routes LEGEND 202 PAGE 7 PROPRIETARY &CONFIDENTIAL Existing small cells in Rolling Hills and surroundings LEGEND (E) Small Cell Existing/proposed small cells in Rolling Hills and surroundings LEGEND (P) Small Cell (E) Small Cell 203 PAGE 12 PROPRIETARY &CONFIDENTIAL Network Service Levels PAGE 13 PROPRIETARY &CONFIDENTIAL Existing Service Levels –95dbm or worse in polygons Carrier 1 Legend: RSRP Legend: data throughput speeds 204 PAGE 14 PROPRIETARY &CONFIDENTIAL Existing Service Level –95dbm or worse in polygons Carrier 2 Legend: RSRP Legend: Throughput PAGE 15 PROPRIETARY &CONFIDENTIAL Existing Service Levels –95dbm or worse in polygons Carrier 3 Legend: RSRP Legend: data throughput speeds 205 PAGE 16 PROPRIETARY &CONFIDENTIAL Existing Service Level –95dbm or worse in polygons All carriers Legend: RSRP Legend: data throughput speeds Small Cell Design Examples Street signs Streetlights and traffic signals for urban settings Pedestrian light pole 206 4G 4G Small cells on replacement street signs Palos Verdes EstatesLos Angeles Small cells on wood utility pole Rolling Hills Palos Verdes Estates 4G 207 PAGE 19 PROPRIETARY &CONFIDENTIAL Rancho Palos Verdes, CA Replacement StreetSign 4G 4G Small cells on replacement street sign Palos Verdes Estates Palos Verdes Estates Small cells on wood utility pole Rolling Hills 4G 208 Small cells on wood utility pole Rolling Hills 4G Small cells on wood utility pole Rolling Hills 4G 209 Small cells on wood utility pole Rolling Hills 4G Small cells on replacement light pole Rolling Hills 4G 210 Small Cells 23 5G5G Small cells on replacement streetlights Long Beach Los Angeles Small Cells 24 CCCCCeeeeeelllllllllllssss 5G4G Small cells on existing traffic signals Santa Monica Santa Monica 211 Small Cells 25 5G5G Small cells on existing traffic signals Santa Monica Santa Monica Rancho Palos Verdes, CA 4G & 5G *Small cell on new pedestrian light Park City, Utah * Design inspiration for Rolling Hills 212 PAGE 6 PROPRIETARY &CONFIDENTIAL 4G/5G Technology The evolution to 5G 1G delivered analog voice 2G introduced digital voice and text messaging 3G brought mobile data 4G ushered in the era of mobile internet PAGE 7 PROPRIETARY &CONFIDENTIAL 213 5G versus 4G: speed, latency, connections. Speeds that are as much as 100x faster than 4G, delivering data rates as high as 1 gigabit per second. Speeds support a 10,000x increase in traffic capacity and network efficiency. 10x decrease in end-to-end latency—as low as 1 millisecond— delivering more instantaneous and real-time access. PAGE 8 PROPRIETARY &CONFIDENTIAL •• •• •• More spectrum and small cells will create significantly more network capacity 214 PAGE 10 PROPRIETARY &CONFIDENTIAL Rancho Palos Verdes, CA PAGE 11 PROPRIETARY &CONFIDENTIAL 215 For further information please contact: 33 Stephen Garcia Stephen.Garcia@CrownCastle.com 949-676-4766 tel CROWN CASTLE 200 Spectrum Center Dr, Suite 1700, Irvine, CA 92618 CrownCastle.com Thank You 216 217 218 219 220 221 222 223 224 225 226 227 228 Page 1 of 24 pages Rolling Hills Community Association- Public Participation Survey About Cellular Services Conducted at the direction of the Board of Directors of the Rolling Hills Community Association Survey Period: January 4, 2023 – January 16, 2023 Responses: 292 total responses 266 unique responses (26 responses from same Internet Protocol address) 229 Page 2 of 24 pages Questions 1 and 2 not displayed; those two questions focused on respondent locational issues by street name and closest cross street. (Balance of page intentionally left blank) 230 Page 3 of 24 pages 231 Page 4 of 24 pages 232 Page 5 of 24 pages (Balance of page intentionally left blank) 233 Page 6 of 24 pages (Balance of page intentionally left blank) 23 113 53 54 25 6 2 1 0 1 0 20 40 60 80 100 120 1 2 3 4 5 6 7 8 9 10 Q6 How many working mobile or cell phones do you currently use in your household? Answered 284 Skipped 8 234 Page 7 of 24 pages (Balance of page intentionally left blank) 235 Page 8 of 24 pages (Balance of page intentionally left blank) 236 Page 9 of 24 pages (Balance of page intentionally left blank) 237 Page 10 of 24 pages (Balance of page intentionally left blank) 238 Page 11 of 24 pages (Balance of page intentionally left blank) 239 Page 12 of 24 pages (Balance of page intentionally left blank) 240 Page 13 of 24 pages (Balance of page intentionally left blank) 241 Page 14 of 24 pages WORD CLOUD OF RESPONSES TO QUESTION 14: Answered: 136 Skipped: 156 (Balance of page intentionally left blank) 242 Page 15 of 24 pages DE-IDENTIFIED, VERBATIM FULL RESPONSES TO QUESTION 14: Answered: 136 Skipped: 156 Verbatim; de-identification indicated by brackets [ ] Q14 If you would like to provide your Board of Directors with any comments on this topic, please type them here. (Optional.) Should small cells be installed they should be camouflaged and the residents should never be charged for these cells. Our public utility services in our community is unacceptable. Our landlines were out for 5 days this week! Power outages have been unacceptably frequent, although they have improved lately. It's time to get to work with the "authorities." I have poor quality cell phone service inside my home because I only get Moble service through cox internet boosters. If my internet gos off, I get NO cell NO house phone line and NO way of contacting anyone. With a 5G phone and T-Mobile I now get cell phone coverage at my home and on Crest Road but not on Eastfield. Verizon told me they had coverage in RH but I never could get more than 1 or 2 bars thus no reception. How about internet service? Thanks for considering improving the service We really desperately need better cell service. Please improve cell service in our city. We don't get good signals within our property. It's incredibly frustrating to not have adequate cell phone access. Is that the price we pay for living in these amazing hills? Then maybe that's ok!? (Yet, it would be wonderful to be able to rely on our cells phones!!!) Given how much work we are doing remotely I feel it is absolutely imperative to improve cell service in Rolling Hills. It is also a safety issue Why you are not trying to have one company in the entire gate. May be AT&T. It’s so ridiculous that from one street to other the carriers are changing thank you for taking consideration in this much needed matter Don't ruin this beautiful city. It feels calm here. Don't add static by introducing more towers. Please improve cell service. It's dangerous to not have good coverage in many areas. The question re do you “support vs oppose” is so vague as to be unanswerable. What does that mean, or entail? 243 Page 16 of 24 pages It is a safety issue. If there is an emergency, one needs the ability of having a working cell phone. We would like to have cell service throughout the city. There are too many dead zones. You are asking us if we oppose or support with no pro/con information. Is the only pro better service, or is there another? Is the only con the appearance of towers, or is there cost involved? Educate us a bit on the issues briefly in the blue newsletter, please. We need better cell service in Rolling Hills. I need to stay with Verizon Wireless for work reasons. It is dangerous not to be able to have any means to contact outside in case of emergence when power down or loss of internet We have figured out how to navigate through the terrible cell coverage in RH. However guests, family members, contractors and workers have tremendous issues with coverage and safety is an issue for these people behind the gates This is one of the most important issues in the city. From both a quality of life and a safety issue on the trails while hiking and riding. Cell service is critical!!!! Please help us. We have been suffering unnecessarily for years without proper cell phone capability-ridiculous! I have both T mobile and ATT. Got rid if Verizon. All three are near useless. Regarding 911, would be safer to call with a smoke signal! All cities in LA County have better daily cell coverage than RH. Poor coverage affects us DAILY. The City's Emergency Notification is Alert Southbay. Everyone is the community is at risk in the event of an emergency. We keep a landline, which is outdated and an additional cost, to communicate daily and in the event of an emergency. But many folks do not. We have tried all sorts of signal booster products with minimal success. We DRIVE somewhere when we have to count on a call not dropping. This is a top priority for us. We have given up our landline and our cell service is very unreliable. I do not feel safe knowing my phone might not work when we have an emergency. Please proceed with any means to improve service. I get virtually no cell service at my location. This is dangerous when there is an emergency and makes completing necessary tasks very difficult. I would support cell towers in any location that would help. The cell coverage is beyond terrible throughout our City and certainly near our home on Johns Canyon Rd. It's not just a question of convenience or business need but also safety, security, visitors having a connection for GPS or communication, etc. Let's please get this addressed The members of my household are strongly opposed to additional cell sites and the implementation of 5G in Rolling Hills. Thank you. 244 Page 17 of 24 pages I strongly oppose additional cell sites and the implementation of 5G in Rolling Hills. Thanks We need cell service improved particularly along main roads like Portuguese Bend Road from Crest down to the gate. It’s ridiculous that everyone has to pull over at Acacia because any further is a dead zone. Same thing on Crest, there is only service by the fire station. No cell towers please No cell towers. Thank you for your efforts to improve our cell service - hopefully the community will support some additional, camouflaged sites to allow for improvements We can barely have a conversation on our wireless home phones. The cell phone service stinks and I need it for work! Both TMobile and Verizon are offering 5G internet service for around $50 a month. Currently my address is not covered but I assume that good 5G service will be needed to provide this internet service. I am tired of having to pay over $300 a month to COX for internet service (and cable). At home we have cell service, but mostly use Wi-Fi if using cell phone at home. Plus, we also have Land Lines at home. At home we actually mostly use WIFI not the cellular connection which is a bit weak on our property and in most of the house - except when during our rather frequent power outages - need rely on the cellular network. TMOBILE has no coverage holes here and there inside the gates - particularly the middle of Crest and most of PB. It would be nice to have solid 5G coverage - then we'd have something other than Cox for internet connections. It's long overdue. Cell service is essentially to daily life. We can't function for 5 minutes without a cell phone. We need to get cell service upgraded to first world country. Some remote villages in Asia have better cell service when I'm there to call home than using cell phone in Rolling Hills to call Asia. IT'S TIME. NO FURTHER DEBATE ON THIS MATTER. IT'S THE NUMBER ONE COMPLAINT IN ROLLING HILLS. One of the most important issue that needs to be improved in our city! Need to enter 21st century and have cell phones service available at all times and places in Rolling Hills We keep loosing calls made with our cell phones. Cell service is very spotty on different parts of my property. Using either T Mobile or ATT there is no coverage in many areas. My children cannot get a hold of me on their cellular device in case of emergency. This is a big problem. Cell service at home is VERY POOR and when at home we use cell phone wi-fi calling (Cox internet). Cell service is unreliable when out of wi-fi range. 245 Page 18 of 24 pages The RHCA, should consider providing wi-fi throughout the city to avoid blind spots and also accommodate the residents. Wi-Fi access is more critical than more cell phone antennas. My assumption is that most of the residents in RH are working professionals. At least half the people I interact with outside of RH solely use their mobile devices for primary source of communication. Here we are in 2023 and I cannot make or receive a phone call via my mobile device as if it were 1980. God forbid I find myself in a situation where a 911 call is necessary while I am on my own property away from my desktop phone. I have been in the middle of Montana in the middle of nowhere and had unrestricted cellular service. Lack of cellular service in my neighborhood has become comical. Although I'd love better service in RH, I'd be curious of any possible physical health dangers of having multiple small cell sites along our roads, particularly anywhere near my home. I have no idea if these devices emit harmful waves or if there's a negative, synergistic effect if there are multiple units around a small area. As strongly as we feel about improving cell service, we feel far stronger about improving access to competitively priced high-speed internet in the neighborhood. This would include bringing in FIOS as an option as well as competitors to Cox. We need better cell service for the safety of our children and families. I am highly sensitive to the EMF. It has caused me alot of Medical problems and have spent alot of money trying to reduce the EMF in and around my home I dont. want anything near my residence [ ] making use of stop sign posts or other existing elements seems attractive; I don't like the idea of introducing new towers that will impact the rural and natural atmosphere of our community; I don't see why we would need to address cell service in my home when we have existing choices with telephone and cable service Cell service for Verizon is not available on large portions of Portuguese Bend Road and Crest Road Cell service coverage in our community parallels that which one might see in a Third World country. I strongly support the efforts of the board to improve our cell service coverage. I further encouraged the improvement of cell coverage using currently available aesthetically pleasing options. Cell phone service is generally fine in most places in the community. Each provider has different coverage holes. The trails are particularly uncovered because of the steep hills, so cell phones are often useless without moving to high ground in emergencies but not sure there is a cost effective solution to cover all the trails. Recommend priority be to get widespread 5G coverage enabling high speed wireless Internet acres for as much of the community as possible. This will eliminate the Cox cable monopoly and should lead to competition and better service for all. This is a MUST for safety of our Residents, for the attractiveness of our community and the livelihood of our residents. An absolute MUST! 246 Page 19 of 24 pages Must not adversely impact aesthetics When power/internet lines are down, we're isolated as it stands. Cell service would make us feel safer and better prepared for emergencies. I like the fact i cant be reached while i am out walking so in that case its nice but if i ever needed help on some of the trails id have an issue. At home my coverage is fine but when i visit friends in the neighborhood its spotty. So im sort of ambivalent on this whole topic. I'm not sure what you are referring to when you say small cell sites so I can't make a decision on that matter. I believe I am with every other resident to say that I would like improved cell service but refuse to have a cell tower near my house. I had adequate coverage and if the choice is between current service or having a cell tower on my property, I would choice current service. I will never support having a cell tower on or near my property. I have had to maintain a land line since cell service is poor at my home. Also lower Eastfield has poor cell service so calls cannot be made or are dropped Thank you this is critical to us We have good service in our home but the service is not good on the roads, specially on Crest road. Please do not consider adding the cell sites in Rolling Hills as there are health issues associated with such towers, specially 5G. Thank you. Aesthetics must be considered. I would not appreciate tall unsightly structures on our major streets. My cell phone stops working at least once in about one call out of three. I have too redial. Sometimes redialing doesn't work. I sometimes get the message No Service.Often get only one small bar. I can only make calls and hear caller in two rooms of my home. At home both ATT and T mobile are USELESS! NO signal. Once I drive out of the gates, signal. Our family would feel much safer with cell service. This is much needed and we have been waiting for it for a long time. Happy to see this is prioritized at the beginning of the year! With further reliance on cell phones only over land lines, it is extremely important to have access to service. Wifi can only cover so much around the home. We also have potentially hazardous roads and in the event of a crash, cell service is a necessity. Our cell phones only work at our home if they are connected to wifi. Our phones don't work when the wifi is down or power is out. It is a huge safety concern for us and our neighbors. 247 Page 20 of 24 pages Really depends on what the cell sites look like and how they match the surroundings before I can express a real opinion on this matter. Please show us what the new ones would look like in our area. Why was this not done 10-15 years ago? would be really wonderful to have better cell reception. thanks for working on this. small boosters should suffice. Should be agnostic like Crown Castle rather than just a single provider When our internet service provider junction box went down, we bought a booster for cell service. The booster was of no use because we have zero to minimal cell service in our home and only if we stand outside towards the canyon. "Landline" also does not work if there is no internet (Frontier). I believe access to reliable cell service is an expectation for safety and to accommodate necessary work to be done effectively. The addition of small cell sites can also be done in a very aesthetically pleasing manner. Service at the Crest road entrance - near St. John Fisher is terrible. Any improvement in that area would be much appreciated Not only do our cell phones not work dependably in Rolling Hills but our land line also drops frequently. I canNOT continue a phone call while driving from my home to main gate, or while driving from the main gate to my house without significant interruption and/or complete dropout. We have ZERO cell service at our home with ATT and Verizon. It is untenable, dangerous, and thoroughly baffling why this is the case. Thank you for putting this survey together. Cell phone service in RH is worse than any community I've visited or lived in even with WIFIAsist. . Thank you for addressing this!! Both my wife and I work from home using our cell phones exclusively, and outside of using wifi calling inside the home, we get almost no cell phone reception with either AT&T or Sprint. We support improving cell service inside the gates. We need good cell phone service within our city for everyday convenience and for all emergency services - 911 and catastrophe notifications. It's time to provide residents with the available technology that will help keep us safe. Time to come to grips with the need to make tradeoffs if we want high tech lifestyle. But we do not really need to go all the way to 5G if that requires much more and much taller poles. Just better coverage throughout the city is what we want. 248 Page 21 of 24 pages We would appreciate having uninterrupted cell service from the gates to our home. It is difficult for medical professionals like doctors to be answering or returning calls that come in during driving. Likewise, cell service is non existent at our home on Maverick Lane other than wifi which can sometimes have issues. We need better cell service inside gate and at our home. Please address this quickly.Thank you. we have kept a land line simply because we do not use the cell phones for an important call. While wifi calling works well, when our internet goes down, we are truly on an island. Zero cell service. We are relying on our wifi for our mobile phone to work. Recent years, the landline also becomes inoperable during power failure. For medical emergency during an outage, we have no way to connect to outside for help. We get service at our house but walking on Crest or driving through Rolling Hills we loose service. When I'm at home, I use wifi (for calling, texting, internet) so cell service doesn't matter. It's only on the roads that it's an issue. But seriously... I can be outside the gate within excellent cell range within 5 minutes. To say we all need immediate/constant cell service is a bit dramatic. I see this as a non-issue. Perhaps boosting self importance with the idea we need to be constantly connected or available. I'm likely in the minority but cell service is a luxury... not a necessity. Cell service is more important that ever as land lines disappear. Also, Cell towers are a source of income for the RHOA. The cell providers should be willing to pay monthly rents for providing the cell towers. This could be a significant source of income opportunity. The right to provide RH with towers should not be given for free. Towers, like the sirens, can be hidden, and may be able to be placed on the SAME towers. The current lack of cell service requires that we have multiple work-arounds that are less secure and less robust to disruption (e.g., connecting calls from cell phones to routers and internet service providers). More importantly, it is a significant safety concern every day - whenever we leave the range of our routers, like when we are on roads or trails with no reliable coverage. We need better cell service! Reliable & consistent cell phone service is an absolute necessity in our community for our safety & sanity. Cell service is non-existent at our home. We had to purchase an AT&T Cell booster that works with Wifi, and it is spotty. All improvements in Cell Service would be welcome with one caveat - I would not want a new Cell tower too close to my house. I would hope that it would be placed in a location that provides enough cell service without dealing with the health consequences that a cell tower in close proximity would create. Just make the cell towers look like trees so no one fusses 249 Page 22 of 24 pages There is certain roadways that you know cell service will disappear. Choosing locations could cause a tower to not be appreciated if in their view of a homeowner. We also need better internet. Fiber optic is what we need for more robust internet. taking too long to get this done Compared to the eyesores of numerous large electrical posts, a few more phone towers is trivial. Very frustrating when calls kept on being dropped The cell service at my home is completely unreliable and I need to keep a landline active to support my business and life. People call on the cell and I tell them I will call you back on the land line when we get disconnected I recently did an extensive renovation of an old home, everything is new. Cell reception at the home was terrible, my contractor installed a "cell phone booster", it works great, I paid extra to make sure it would it is barely visible. If the decision is made to install a booster type system, pay the extra money so it is not an eye sore. I don't mind contributing. Cell service is essentially non existent driving around, and at our house. If wifi goes out, our phones do not work, and we won't be able to emergency call 911. Also, we have to reset our phones constantly to reconnect to a signal. It's terrible. Please fix. Enough is enough, the BOARD should make the decision, this has been a issue for too long! Good Cell Communications is more important than spending funds on Emergency Alert System When our power goes out we have no Wi-Fi which means no cell at all. Cannot call 911 if power goes out! We have a land line because cell service is non existent in RH. When power is out landline is also out. We have ATT and verizon and neither works! Recently had a real world example of limited access to emergency service. [ ] we had trouble calling 911 until someone in the group that stopped to help her was able to get a call through. Service is terrible. Often completely unavailable. Zero bars or SOS status much of the time. Calls initiated drop frequently. It seems to have gotten worse since the start of summer. I don't know about access to 911 as I haven't called 911 from my cell phone We desperately need better cell service - not just for work from home, but also for safety, risk, and security. We cannot even alert the city from our homes if incidental need to do so might occur. This is a great attention and I thank you as a [ ] year resident for any improvement to our ability to enjoy this community with safety and confidence. Thank you, so much. Improve home and road cell service please I use WiFi calling and get excellent reception. If you have internet service, there is no need for more towers. Tower service will soon be obsolete and all that will be left is expense and 250 Page 23 of 24 pages ugliness. If residences learned how to use the tools that are available to all, this debate would be over At my house I use a landline or enable Wifi calling to use my cellphone. When hiking or when riding horses, or when my children are riding horses, we do not have cell services and it safety concern of ours. Thank you for helping cell coverage— we need it for safety I have Verizon cell service and from [ ] Johns Canyon, I have no service until I reach PV Dr. North and Portuguese Bend or until I reach Deep Valley Drive to the west. (With the exception of about 300 feet by the fire station on Crest.) I can be sitting right next to my phone, and get a message for a missed call. My calls drop all the time, and some days it is impossible to make calls from my cell phone. WE absolutely need something to be done immediately. reception at my house is spotty at best, and once I leave my driveway, I'm in a roughly 8 minute void before I have reception again. It's unacceptable from a safety standpoint. I am so happy you are working on improving the cell service in RH. It is worse than the cell service in a 3rd world country we recently visited. It's embarrassing to be on important work calls and always lose cell service or an important dr call and lose touch and have to wait days to hear back again, or to be on hold with an airline for an hour and then have cell service dropped and need to start all over again, or need to leave for an appointment but have to disconnect because you know you'll lose the connection driving, or not be able to get through to 911 in an emergency, etc. For all of our safety and well being, much better cell service is needed. I feel like I live in a 3rd world country I use Cox Communications for a land line, internet and TV. When that service goes out, I then have no ability to use a mobile phone from my house in the case of an emergency because can't get a good signal. It's scary to think about. We need more towers. I think that the need for improved cell service is the most important issue before the RHCA and City. I witnessed a near accident caused by a truck without a flag person. I could not report this dangerous and continuing danger because I had no cell service. Cell phone service always drops after entering any gate in the RH. There are know areas where residents or guests can pull over to finish a cell phone call. These areas are typically near residents front yards which is surely frustrating for those property owners. In addition delivery drivers and shuttle services would have better gps routing to residents homes. Safety should be a concern and having improved cell service would be prudent! We have very little if any cell service at our home. If we need it we have to go down to the office. 251 Page 24 of 24 pages My main issue is the circumstance where internet goes down eliminating voice over IP calls. In that event mobile is all I would have and the signal is very poor at my home. Let's get into the nineties! Forget the fifties solution, air raid sirens. By adding additional cell sites on roadways, does this have any effect to residents health ? Please provide residents with pros and cons of the side effects of adding additional cell sites along roadways! How does it affect us and our families personally based on proximity? There are serious personal harms associated with 5G in particular. We would be better served with fiber optic underground cabling. If you’re going to add cell sites they need to be very hard to find/see. The large fake tree cell sites are hideous. oOo 252 Agenda Item No.: 10.A Mtg. Date: 08/15/2023 TO:HONORABLE CHAIR AND MEMBERS OF THE PLANNING COMMISSION FROM:JOHN SIGNO, DIRECTOR OF PLANNING & COMMUNITY SERVICES THRU:DAVID H. READY. ESQ., PH.D SUBJECT:AN ORDINANCE OF THE CITY OF ROLLING HILLS, CALIFORNIA, AMENDING VARIOUS SECTIONS OF THE ROLLING HILLS MUNICIPAL CODE RELATING TO WIRELESS FACILITIES; AND FINDING THE ACTION EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT DATE:August 15, 2023 BACKGROUND: The City Council last updated the RHMC’s wireless communication facility (“WCF”) regulations in 2004. Numerous federal and state laws and regulations have since taken effect, which (among other things) significantly restricted local control over the permitting and placement of wireless communication facilities (“WCF”). Noteworthy features of these regulations include the following: 1. Ban on Moratoria On August 2, 2018, the Federal Communications Commission (“FCC”) adopted a Third Report & Order and Declaratory Ruling, 33 FCC Rcd. 7705 (rel. Aug. 3, 2018) (“Moratoria Order”), that, among other things, contained a declaratory ruling prohibiting express and de facto moratoria for all personal wireless services, telecommunications services and their related facilities under 47 U.S.C. § 253(a) and directed the Wireless Telecommunications Bureau and Wireline Competition Bureau to hear and resolve all complaints on an expedited basis. The declaratory ruling in the Moratoria Order was made effective upon release. This means that there can be no pause in accepting or processing applications to allow a city to study and address potential issues. 2. Shot Clocks and Enhanced Remedies The FCC has adopted shot clocks (i.e., timelines) within which a local government must act on WCF applications. The most recent shot clocks have focused on applications for small WCFs and modifications to existing WCFs. 253 2009 Shot Clocks: In 2009, the FCC adopted a Declaratory Ruling, 24 FCC Rcd. 18994 (rel. Nov. 18, 2009), to clarify existing federal law requiring local governments to act on WCF applications within a reasonable period of time. In that Declaratory Ruling, the FCC established two shot clocks for local action on wireless facilities applications:(1) a 60-day shot clock for collocations; and (2) a 150-day shot clock for all other types of WCF applications. The State of California later adopted AB 57 (Gov. Code 65964.1), which that took effect on January 1, 2016, and created a “deemed granted” remedy (effective January 1, 2016 for collocations and “other” applications; effective January 1, 2022 for small cells) if the local government failed to act on an application during the time period allowed under the applicable FCC shot-clocks. This “deemed granted” remedy is available for any application under these shot clocks other than those proposed for placement on fire department facilities. Eligible Facilities Requests: In 2012, Congress adopted a law (codified as 47 CFR Sec. 1455) requiring that certain applications to modify or add to existing WCFs must be approved at the local level. In 2014, the FCC adopted an implementing Order, including height and size criteria and a 60-day shot clock to process these “eligible facilities requests” (29 FCC Rcd. 12865). More recently, the FCC adopted clarifications and changes to its rules to further facilitate these types of deployments. A failure to act within this FCC shot clock period can result in the application being deemed approved under federal law. Small Wireless Facilities Shot Clocks : On September 26, 2018, the FCC adopted a Declaratory Ruling and Third Report and Order, 33 FCC Rcd. 9088 (rel. Sep. 27, 2018) (“Small Cell Order”), which, among other things: Created new shorter (60-day and 90-day) shot clocks for small WCFs (as defined in the Small Cell Order); Interpreted existing shot clock regulations to require local public agencies to issue all relevant permits and authorizations within this period; Established a national standard for an effective prohibition related to small WCFs that replaced the existing “significant gap” test adopted by the United States Court of Appeals for the Ninth Circuit; and Provided that a failure to act within the applicable timeframe presumptively constitutes an effective prohibition. The Small Cell Order took effect went into effect in part on January 14, 2019, and in part on April 15, 2019. On August 12, 2020, a three-judge panel of the Ninth Circuit Court of Appeals upheld the Moratoria Order and significant portions of the Small Cell Order, including the shorter shot clocks and remedies for failing to meet a shot clock. (City of Portland v. United States, 969 F.3d 1020 (9th Cir. 2020) (“City of Portland”)). On October 22, 2020, the Ninth Circuit Court of Appeals denied a petition for en banc review of the above-referenced panel’s decision. In 2021, the California legislature enacted AB 537 (Gov. Code 65964.1), which further expanded the reach of AB 57’s deemed granted remedy to apply to all WCF applications subject to FCC shot clocks. Following AB 537, a deemed approved remedy is available for each and every WCF application type—which is triggered when the local government fails to render a final decision on a WCF application and issue all necessary approvals by the applicable FCC shot clock deadline. 254 3. Limits on Design Standards In addition to the foregoing, the Small Cell Order placed limits on aesthetic regulations for small WCFs, including undergrounding. Under the Small Cell Order, local aesthetic regulations are permissible so long as they are reasonable, no more burdensome than those applied to other types of infrastructure deployments, objective, and published in advance (so that applicants know the applicable WCF aesthetic requirements). In City of Portland discussed above, the Court invalidated certain portions of the FCC’s Small Cell Order that imposed new rules for aesthetic standards for small wireless facilities. Now, a city’s aesthetic regulations for small wireless facilities will not be preempted if they are (1) reasonable (technically feasible); and (2) published in advance. 4. Limits on Fees The Small Cell Order declared that all WCF-related fees (including permit fees and rental fees for use of government-owned infrastructure, such as streetlights) must be based on a reasonable approximation of the local government’s costs, such that only objectively reasonable costs are factored into those fees, and fees are no higher than the fees charged to similarly situated competitors in similar situations. The FCC established presumptively reasonable fee levels (called “safe harbors”) that include: non-recurring fees equal to $500 for a single application for up to five collocations, plus $100 for each additional collocation, and $1,000 for each new pole. Recurring fees for attachment to a local government’s poles are presumed reasonable if equal to $270 per facility/per year, including the fee for attachment to the infrastructure and use of the public right-of-way. DISCUSSION: Staff and the City Attorney’s Office reviewed the RHMC’s processes and regulations governing WCFs. From this review, it was determined that various amendments to the RHMC are warranted in order to comply with the changes in federal and state law profiled above. The attached ordinance so amends the RHMC. A. Repealing and replacing Section 17.27.040, ““Wireless communication antennas and facilities”: a. Clarifies which facilities are exempt from the location, permit requirements, and other provisions of Section 17.27.040; b. Specifies that either a temporary use permit, zone clearance approval, or a conditional use permit is required all wireless communications facilities subject to Section 17.27.040 and establishes which types of facilities are subject to which type of approval and the procedures for such review; c. Establishes general standards for wireless communications facilities, such as aesthetics, landscaping, setbacks and lighting; d. Creates an application process with documentation requirements and a list of standard conditions of approval; and e. Provides for instances where the requirements provided for in Section 17.27040 may be waived or modified. B. Amending Section 17.44.020, “Applicability,” to add a new subsection (G), requiring zone clearance for the installation, construction, modification, replacement, or placement of certain wireless communications facilities. C. Amending Section 17.48.040, “Allowed Temporary Uses,” to add a new subsection (B) 255 (4) related to temporary wireless facilities via a temporary use permit. Findings: Section 9-2.1601 of the RHMC provides that the City’s Zoning Chapter “may be amended to reclassify zones, to alter the boundaries of districts, to impose regulations not heretofore imposed, and to remove or modify any regulation heretofore imposed pursuant to provisions of Title 7 of the Government Code of the State.” RHMC Section 9-2.1602 allows City staff to initiate a Zoning Code amendment. Finally, state law provides that city zoning ordinances must be consistent with the general plan of the city, pursuant to Government Code section 65860. Here, the proposed Zoning Code amendments are consistent with the City’s General Plan as follows: 1. General Plan Safety Element Policy 5.10: Support the development and further implementation of a peninsula-wide disaster plan; 2. General Plan Safety Element Policy 5.14: Ensure the reliability of essential facilities such as communications towers, electrical substations, water services, and first-response buildings in the event of an emergency through promoting grid resilience and energy independence. Work to implement on-site power generation through solar photovoltaic systems and battery storage; 3. General Plan Safety Element Policy 5.16: Increase access to essential resources and facilitate effective communication in the community to accelerate recovery following such a disaster; and 4. Land Use Goal 2: Accommodate development which is compatible with and complements existing land uses. Wireless Application A draft Wireless Application is included as Attachment 2. The Wireless Application includes a checklist of information needed to deem an application complete. It is meant to guide applicants and ensure proposals meets the City's wireless requirements. Section 17.27.040 (C) of the draft ordinance permits the Director of Planning and Community Services to generate and update the form from time to time as necessary. No action by the Planning Commission is required on the Wireless Application. ENVIRONMENTAL The proposed ordinance is not a “project” within the meaning of Section 15378 of the State CEQA Guidelines, because it has no potential for resulting in direct or indirect physical change in the environment. The ordinance does not authorize any specific development or installation on any specific piece of property within the City’s boundaries. Moreover, when and if an application for installation is submitted, the City will at that time conduct preliminary review of the application in accordance with CEQA. Alternatively, even if the ordinance is a “project” within the meaning of State CEQA Guidelines Section 15378, the ordinance is exempt from CEQA on multiple grounds. First, the ordinance is exempt CEQA because the City Council’s adoption of the ordinance would covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. (State CEQA Guidelines, § 15061(b)(3)). That is, approval of the ordinance will not result in the actual installation of any facilities in the City. In order to install a facility in accordance with this ordinance, the wireless provider would have to submit an application for installation of the wireless facility. At that time, the City would have specific and definite information regarding 256 the facility to review in accordance with CEQA. And, in fact, the City would conduct preliminary review under CEQA at that time. Moreover, in the event that the ordinance is interpreted so as to permit installation of wireless facilities on a particular site, the installation would be exempt from CEQA review in accordance with either State CEQA Guidelines Section 15302 (replacement or reconstruction), State CEQA Guidelines Section 15303 (new construction or conversion of small structures), and/or State CEQA Guidelines Section 15304 (minor alterations to land). FISCAL IMPACT: None. RECOMMENDATION: 1. Open and conduct a public hearing; 2. Find that proposed Ordinance is exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines Section 15302 (replacement or reconstruction), State CEQA Guidelines Section 15303 (new construction or conversion of small structures), State CEQA Guidelines Section 15304 (minor alterations to land), or, in the alternative, Sections 15378 and 15061(b)(3); and 3. Adopt Resolution No. 2023-10 (Attachment 1), which recommends that the City Council adopt the proposed Ordinance No. 384 (Exhibit "A" to Attachment 1). ATTACHMENTS: ATTACHMENT1_2023-10_PCResolution_WCF_Ordinance_081523-c1_F.pdf ATTACHMENT2_PL_WCF_OrdAmend2023_WirelessApplicationDraft_8-8-23-c1.pdf 257 Agenda Item No.: 9.B Mtg. Date: 09/12/2023 TO:HONORABLE CHAIR AND MEMBERS OF THE PLANNING COMMISSION FROM:JOHN SIGNO, DIRECTOR OF PLANNING & COMMUNITY SERVICES THRU:DAVID H. READY SUBJECT:AN ORDINANCE OF THE CITY OF ROLLING HILLS, CALIFORNIA, AMENDING VARIOUS SECTIONS OF THE ROLLING HILLS MUNICIPAL CODE RELATING TO WIRELESS FACILITIES; AND FINDING THE ACTION EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT DATE:September 12, 2023 BACKGROUND: This item was continued by the Planning Commission on August 15, 2023. At that meeting, the Planning Commission directed staff to require a conditional use permit (CUP) for Type 3 facilities, which are new small wireless communication facilities (“WCF”) on a new or replacement structure. The proposed Ordinance has been amended to incorporate the Commission's direction. The City Council last updated the RHMC’s WCF regulations in 2004. Numerous federal and state laws and regulations have since taken effect, which (among other things) significantly restricted local control over the permitting and placement of wireless communication facilities (“WCF”). Noteworthy features of these regulations include the following: 1. Ban on Moratoria On August 2, 2018, the Federal Communications Commission (“FCC”) adopted a Third Report & Order and Declaratory Ruling, 33 FCC Rcd. 7705 (rel. Aug. 3, 2018) (“Moratoria Order”), that, among other things, contained a declaratory ruling prohibiting express and de facto moratoria for all personal wireless services, telecommunications services and their related facilities under 47 U.S.C. § 253(a) and directed the Wireless Telecommunications Bureau and Wireline Competition Bureau to hear and resolve all complaints on an expedited basis. The declaratory ruling in the Moratoria Order was made effective upon release. This means that there can be no pause in accepting or processing applications to allow a city to study and address potential issues. 258 2. Shot Clocks and Enhanced Remedies The FCC has adopted shot clocks (i.e., timelines) within which a local government must act on WCF applications. The most recent shot clocks have focused on applications for small WCFs and modifications to existing WCFs. 2009 Shot Clocks: In 2009, the FCC adopted a Declaratory Ruling, 24 FCC Rcd. 18994 (rel. Nov. 18, 2009), to clarify existing federal law requiring local governments to act on WCF applications within a reasonable period of time. In that Declaratory Ruling, the FCC established two shot clocks for local action on wireless facilities applications:(1) a 60-day shot clock for collocations; and (2) a 150-day shot clock for all other types of WCF applications. The State of California later adopted AB 57 (Gov. Code 65964.1), which that took effect on January 1, 2016, and created a “deemed granted” remedy (effective January 1, 2016 for collocations and “other” applications; effective January 1, 2022 for small cells) if the local government failed to act on an application during the time period allowed under the applicable FCC shot-clocks. This “deemed granted” remedy is available for any application under these shot clocks other than those proposed for placement on fire department facilities. Eligible Facilities Requests: In 2012, Congress adopted a law (codified as 47 CFR Sec. 1455) requiring that certain applications to modify or add to existing WCFs must be approved at the local level. In 2014, the FCC adopted an implementing Order, including height and size criteria and a 60-day shot clock to process these “eligible facilities requests” (29 FCC Rcd. 12865). More recently, the FCC adopted clarifications and changes to its rules to further facilitate these types of deployments. A failure to act within this FCC shot clock period can result in the application being deemed approved under federal law. Small Wireless Facilities Shot Clocks : On September 26, 2018, the FCC adopted a Declaratory Ruling and Third Report and Order, 33 FCC Rcd. 9088 (rel. Sep. 27, 2018) (“Small Cell Order”), which, among other things: Created new shorter (60-day and 90-day) shot clocks for small WCFs (as defined in the Small Cell Order); Interpreted existing shot clock regulations to require local public agencies to issue all relevant permits and authorizations within this period; Established a national standard for an effective prohibition related to small WCFs that replaced the existing “significant gap” test adopted by the United States Court of Appeals for the Ninth Circuit; and Provided that a failure to act within the applicable timeframe presumptively constitutes an effective prohibition. The Small Cell Order took effect went into effect in part on January 14, 2019, and in part on April 15, 2019. On August 12, 2020, a three-judge panel of the Ninth Circuit Court of Appeals upheld the Moratoria Order and significant portions of the Small Cell Order, including the shorter shot clocks and remedies for failing to meet a shot clock. (City of Portland v. United States, 969 F.3d 1020 (9th Cir. 2020) (“City of Portland”)). On October 22, 2020, the Ninth Circuit Court of Appeals denied a petition for en banc review of the above-referenced panel’s decision. In 2021, the California legislature enacted AB 537 (Gov. Code 65964.1), which further expanded the reach of AB 57’s deemed granted remedy to apply to all WCF applications 259 subject to FCC shot clocks. Following AB 537, a deemed approved remedy is available for each and every WCF application type—which is triggered when the local government fails to render a final decision on a WCF application and issue all necessary approvals by the applicable FCC shot clock deadline. 3. Limits on Design Standards In addition to the foregoing, the Small Cell Order placed limits on aesthetic regulations for small WCFs, including undergrounding. Under the Small Cell Order, local aesthetic regulations are permissible so long as they are reasonable, no more burdensome than those applied to other types of infrastructure deployments, objective, and published in advance (so that applicants know the applicable WCF aesthetic requirements). In City of Portland discussed above, the Court invalidated certain portions of the FCC’s Small Cell Order that imposed new rules for aesthetic standards for small wireless facilities. Now, a city’s aesthetic regulations for small wireless facilities will not be preempted if they are (1) reasonable (technically feasible); and (2) published in advance. 4. Limits on Fees The Small Cell Order declared that all WCF-related fees (including permit fees and rental fees for use of government-owned infrastructure, such as streetlights) must be based on a reasonable approximation of the local government’s costs, such that only objectively reasonable costs are factored into those fees, and fees are no higher than the fees charged to similarly situated competitors in similar situations. The FCC established presumptively reasonable fee levels (called “safe harbors”) that include: non-recurring fees equal to $500 for a single application for up to five collocations, plus $100 for each additional collocation, and $1,000 for each new pole. Recurring fees for attachment to a local government’s poles are presumed reasonable if equal to $270 per facility/per year, including the fee for attachment to the infrastructure and use of the public right-of-way. DISCUSSION: At the direction of the Planning Commission at the August 15th meeting, the following changes were made to the Ordinance: Ordinance No. 384, Section 4: Section 17.27.040 A.2 (Permit Requirements): Type 3 was added to subsection a and removed from subsection b. D (Findings for Approval): Type 3 was added to subsection 1 and removed from subsection 2. Additionally, a recital was amended in Resolution 2023-10 and Ordinance No. 384 to reflect the Commission's action at the August 15th meeting. A redlined version of the Ordinance is included as Attachment 2. Wireless Ordinance Staff and the City Attorney’s Office reviewed the RHMC’s processes and regulations governing WCFs. From this review, it was determined that various amendments to the RHMC are warranted in order to comply with the changes in federal and state law profiled above. The attached ordinance so amends the RHMC. 260 A. Repealing and replacing Section 17.27.040, ““Wireless communication antennas and facilities”: a. Clarifies which facilities are exempt from the location, permit requirements, and other provisions of Section 17.27.040; b. Specifies that either a temporary use permit, zone clearance approval, or a conditional use permit is required all wireless communications facilities subject to Section 17.27.040 and establishes which types of facilities are subject to which type of approval and the procedures for such review; c. Establishes general standards for wireless communications facilities, such as aesthetics, landscaping, setbacks and lighting; d. Creates an application process with documentation requirements and a list of standard conditions of approval; and e. Provides for instances where the requirements provided for in Section 17.27040 may be waived or modified. B. Amending Section 17.44.020, “Applicability,” to add a new subsection (G), requiring zone clearance for the installation, construction, modification, replacement, or placement of certain wireless communications facilities. C. Amending Section 17.48.040, “Allowed Temporary Uses,” to add a new subsection (B) (4) related to temporary wireless facilities via a temporary use permit. Findings Section 9-2.1601 of the RHMC provides that the City’s Zoning Chapter “may be amended to reclassify zones, to alter the boundaries of districts, to impose regulations not heretofore imposed, and to remove or modify any regulation heretofore imposed pursuant to provisions of Title 7 of the Government Code of the State.” RHMC Section 9-2.1602 allows City staff to initiate a Zoning Code amendment. Finally, state law provides that city zoning ordinances must be consistent with the general plan of the city, pursuant to Government Code section 65860. Here, the proposed Zoning Code amendments are consistent with the City’s General Plan as follows: 1. General Plan Safety Element Policy 5.10: Support the development and further implementation of a peninsula-wide disaster plan; 2. General Plan Safety Element Policy 5.14: Ensure the reliability of essential facilities such as communications towers, electrical substations, water services, and first-response buildings in the event of an emergency through promoting grid resilience and energy independence. Work to implement on-site power generation through solar photovoltaic systems and battery storage; 3. General Plan Safety Element Policy 5.16: Increase access to essential resources and facilitate effective communication in the community to accelerate recovery following such a disaster; and 4. Land Use Goal 2: Accommodate development which is compatible with and complements existing land uses. Wireless Application A draft Wireless Application is included as Attachment 3 and has been updated since the August 15th meeting. No substantive changes were made; only formatting and spacing issues. The Wireless Application includes a checklist of information needed to deem an application complete. It is meant to guide applicants and ensure proposals meets the City's wireless 261 requirements. Section 17.27.040 (C) of the draft ordinance permits the Director of Planning and Community Services to generate and update the form from time to time as necessary. No action by the Planning Commission is required on the Wireless Application. ENVIRONMENTAL The proposed ordinance is not a “project” within the meaning of Section 15378 of the State CEQA Guidelines, because it has no potential for resulting in direct or indirect physical change in the environment. The ordinance does not authorize any specific development or installation on any specific piece of property within the City’s boundaries. Moreover, when and if an application for installation is submitted, the City will at that time conduct preliminary review of the application in accordance with CEQA. Alternatively, even if the ordinance is a “project” within the meaning of State CEQA Guidelines Section 15378, the ordinance is exempt from CEQA on multiple grounds. First, the ordinance is exempt CEQA because the City Council’s adoption of the ordinance would covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. (State CEQA Guidelines, § 15061(b)(3)). That is, approval of the ordinance will not result in the actual installation of any facilities in the City. In order to install a facility in accordance with this ordinance, the wireless provider would have to submit an application for installation of the wireless facility. At that time, the City would have specific and definite information regarding the facility to review in accordance with CEQA. And, in fact, the City would conduct preliminary review under CEQA at that time. Moreover, in the event that the ordinance is interpreted so as to permit installation of wireless facilities on a particular site, the installation would be exempt from CEQA review in accordance with either State CEQA Guidelines Section 15302 (replacement or reconstruction), State CEQA Guidelines Section 15303 (new construction or conversion of small structures), and/or State CEQA Guidelines Section 15304 (minor alterations to land). FISCAL IMPACT: None. RECOMMENDATION: 1. Open and conduct a public hearing; 2. Find that proposed Ordinance is exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines Section 15302 (replacement or reconstruction), State CEQA Guidelines Section 15303 (new construction or conversion of small structures), State CEQA Guidelines Section 15304 (minor alterations to land), or, in the alternative, Sections 15378 and 15061(b)(3); and 3. Adopt Resolution No. 2023-10 (Attachment 1), which recommends that the City Council adopt the proposed Ordinance No. 384 (Exhibit "A" to Attachment 1). ATTACHMENTS: ATTACHMENT1_2023-10_PCResolution_WCF_Ordinance_091223-c1_F2.pdf ATTACHMENT2_384_WirelessOrdinance_D4_redline.pdf ATTACHMENT3_PL_WCF_OrdAmend2023_WirelessApplicationDraft_8-29-23.pdf 262 Agenda Item No.: 9.B Mtg. Date: 10/17/2023 TO:HONORABLE CHAIR AND MEMBERS OF THE PLANNING COMMISSION FROM:JOHN SIGNO, DIRECTOR OF PLANNING & COMMUNITY SERVICES THRU:DAVID H. READY SUBJECT:AN ORDINANCE OF THE CITY OF ROLLING HILLS, CALIFORNIA, AMENDING VARIOUS SECTIONS OF THE ROLLING HILLS MUNICIPAL CODE RELATING TO WIRELESS FACILITIES; AND FINDING THE ACTION EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT DATE:October 17, 2023 BACKGROUND: This item was continued by the Planning Commission on August 15, 2023 and September 12, 2023. At the August 15th meeting, the Planning Commission directed staff to require a conditional use permit (CUP) for Type 3 facilities, which are new small wireless communication facilities (“WCF”) on a new or replacement structure. At the September 12th meeting, the Planning Commission had additional questions about wireless service, existing coverage, and potentially new wireless locations. Staff and the city attorney's office has discussed the issues and staff has reached out to Crown Castle and RHCA about existing coverage. The proposed Ordinance has been further amended. DISCUSSION: August 15th Planning Commission Meeting At the direction of the Planning Commission at the August 15th meeting, the following changes were made to the Ordinance: Ordinance No. 384, Section 4: Section 17.27.040 A.2 (Permit Requirements): Type 3 was added to subsection 'a' and removed from subsection 'b'. D (Findings for Approval): Type 3 was added to subsection 1 and removed from subsection 2. 263 September 12th Planning Commission Meeting At the September 12th Planning Commission meeting, Stephen Garcia representing Crown Castle, provided comments on the need for wireless communication facilities (WCFs). Crown Castle has a right-of-way (ROW) agreement with the Rolling Hills Community Association (RHCA) executed in 2012 and amended in 2013. Crown Castle is working with RHCA to find new locations within the City and has provided a “mock up” facility on Portuguese Bend Road just inside the guard gate to give the community an example of what these facilities could look like. RHCA Manager Kristen Raig commented on the community’s desire to have better wireless coverage. Kristen provided a letter prior to the meeting requesting the Commission consider a “Type 3A” facility which would be pre-approved by RHCA and subject to the City’s administrative approval. The Commission asked about its role in approving facilities. Staff explained the Ordinance has not been updated since 2004 and new laws warrant the need for an update. The item was continued to the October 17th meeting. Revised Ordinance Following the September 12th meeting, further revisions to the Ordinance were made: 1. Requires CUPs for Type 2, 3 and 4 applications (rather than just 3 & 4 as presented to the Planning Commission on August 15th). This gives the PC review authority over collocations onto existing structures (90 day shot clock), new small cells on new or replacement structures (90 day shot clock) and other facilities (150 day shot clock). 2. Zoning Clearance review by the Director for small cells on existing structures (60 day shot clock) and eligible facilities requests (60 day shot clock). 3. Slight modifications to clarify screening requirements in the design standards. 4. Addition of new location standards: a. Outside the right-of-way (ROW) and roadway easements: No facilities on private residential properties, except for collocations onto existing utility poles. b. Inside ROW and roadway easements: i. Preference to utilize existing poles and structures or replacement of existing structures or poles. ii. No facilities in the front façade of any residential primary building. iii. No facilities within 10 feet of a driveway. iv. Applicants must avoid new poles to the maximum extent technically feasible. The revised Ordinance is included as Exhibit "A" to the proposed resolution. A redline version is also included to identify recent changes. Existing Facilities In March 2023, the Rolling Hills Community Association (RHCA) provided a list of existing Sprint and T-Mobile facilities in Rolling Hills. There are 20 facilities which are managed by Infinigy. The City and RHCA were able to approve upgrades to 15 of the facilities, all of which are located on existing utility poles. 264 At the September 12th Planning Commission meeting, the Planning Commission asked to see the locations in Rolling Hills managed by Crown Castle. Crown Castle was able to provide a map, which is attached, showing the location of its facilities. There are about 26 Crown Castle facilities in the City with several others just outside the City's borders. Due to conflicting obligations, Crown Castle is not able to be at the October 17th Planning Commission meeting. As such, they are requesting this item be continued to the November 21st meeting. ENVIRONMENTAL The proposed ordinance is not a “project” within the meaning of Section 15378 of the State CEQA Guidelines, because it has no potential for resulting in direct or indirect physical change in the environment. The ordinance does not authorize any specific development or installation on any specific piece of property within the City’s boundaries. Moreover, when and if an application for installation is submitted, the City will at that time conduct preliminary review of the application in accordance with CEQA. Alternatively, even if the ordinance is a “project” within the meaning of State CEQA Guidelines Section 15378, the ordinance is exempt from CEQA on multiple grounds. First, the ordinance is exempt CEQA because the City Council’s adoption of the ordinance would covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. (State CEQA Guidelines, § 15061(b)(3)). That is, approval of the ordinance will not result in the actual installation of any facilities in the City. In order to install a facility in accordance with this ordinance, the wireless provider would have to submit an application for installation of the wireless facility. At that time, the City would have specific and definite information regarding the facility to review in accordance with CEQA. And, in fact, the City would conduct preliminary review under CEQA at that time. Moreover, in the event that the ordinance is interpreted so as to permit installation of wireless facilities on a particular site, the installation would be exempt from CEQA review in accordance with either State CEQA Guidelines Section 15302 (replacement or reconstruction), State CEQA Guidelines Section 15303 (new construction or conversion of small structures), and/or State CEQA Guidelines Section 15304 (minor alterations to land). FISCAL IMPACT: None. RECOMMENDATION: 1. Open and conduct a public hearing; 2. Find that proposed Ordinance is exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines Section 15302 (replacement or reconstruction), State CEQA Guidelines Section 15303 (new construction or conversion of small structures), State CEQA Guidelines Section 15304 (minor alterations to land), or, in the alternative, Sections 15378 and 15061(b)(3); and 3. Adopt Resolution No. 2023-10 (Attachment 1), which recommends that the City Council adopt the proposed Ordinance No. 384 (Exhibit "A" to Attachment 1). ATTACHMENTS: ATTACHMENT1_2023-10_PCResolution_WCF_Ordinance_101723_F.pdf ATTACHMENT2_384_WirelessOrdinance_Updated PC DRAFT 10-17-23-c1_redline.pdf ATTACHMENT3_PL_WCF_OrdAmend2023_231002_Email_CrownCastle.pdf ATTACHMENT4_PL_WCF_OrdAmend2023_231010_CrownCastlePresentation_2SlidesPerPage.pdf 265 ATTACHMENT5_CL_AGN_230912_PC_Item9B_RHCA_PublicComment.pdf ATTACHMENT6_CL_AGN_230912_PC_Item9B_RHCA_CellAntennaMockUp.pdf ATTACHMENT7_CL_AGN_230912_PC_Item9B_RHCA_CellSurveyResults2023.pdf ATTACHMENT8_PL_WCF_230912_PC_StaffReport.pdf 266 BBKLAW.COM © 2023 Best Best & Krieger LLP October 19, 2023 WIRELESS ORDINANCE UPDATE ROLLING HILLS PLANNING COMMISSION MEETING Presenter: Bennett A. Givens TELECOMMUNICATIONS LAW Background •The City can exercise its police power to regulate wireless siting, except to the extent that police power is preempted or limited by federal or state law. •Currently, the City’s main regulations applicable to wireless siting are in Zoning Code Title 17, Chapter 17.27, Section 17.27.040 (wireless communications facilities and antennas). The Wireless Ordinance was last updated in 2004. •Today’s presentation is intended to: (1) Provide context with an overview of applicable federal and state law; and (2) Outline updates to the wireless ordinance since last meeting 2 267 BBKLAW.COM BRIEF OVERVIEW Federal and State Law 3 National Policy On Wireless •National deployment policy – no local decision or regulation can prohibit or have the effect of prohibiting the provision of personal wireless service •National RF emissions guidelines – FCC sets the RF emissions safety standards; localities cannot regulate placement based on RF emissions except to ensure applicant has shown it will comply with FCC guidelines •Timely action required – deadlines for action on applications (known as “shot clocks”) between 60 and 150 days and remedies for failure to timely act on applications •Written Denials – must be in writing and based on substantial evidence in the record •Non-discrimination – no unreasonable discrimination among providers of functionally equivalent services •Expedited appeals •Some mandatory approvals – modifications to existing wireless facilities that qualify as Eligible Facilities Requests (EFRs) must be approved and there is a deemed granted remedy for failing to timely act 268 5 The Federal Legal Framework Telecommunications Act (1996) - 47 U.S.C. § 332(c)(7) Applies to all applications for “personal wireless services facilities” Generally preserves local authority to control placement of person wireless facilities, subject to substantive and procedural limits Telecommunications Act - 47 U.S.C. § 253 Preempts local/state regulations that prohibit or have effect of prohibiting ability of any entity to provide telecom services Nondiscriminatory RoW management and compensation protected Middle Class Tax Relief Act (2012) - 47 U.S.C. § 1455(a) (Sec. 6409) Applies to all “wireless” applications (broader) Requires approval of certain collocations/modifications to existing sites (“eligible facilities requests”) FCC Regulations Orders, declaratory rulings and regulations interpret federal statutes Carry the force of law 5 2018 Moratoria Ban August 3, 2018: FCC released In the Matter of Accelerating Wireless Broadband Deployment By Removing Barriers to Infrastructure Investment, FCC 18-111, Third Report and Order and Declaratory Ruling, WT Docket No. 17-79 De jure moratoria and de facto moratoria on wireless and wireline deployment generally “prohibit or effectively prohibit” provision of telecom services in violation of federal law, and are not saved from preemption as a form of rights-of-way management 269 2018 Small Cell Order Sept. 26, 2018: FCC Adopts Accelerating Wireless Broadband Deployment by Removing Barriers to Infrastructure Investment, Declaratory Ruling and Third Report and Order, WT Docket No. 17-79 Establishes special rules for small wireless facilities (SWFs) ¾Defines “small wireless facility” (SWF) for shot clock purposes ¾Redefines “effective prohibition” (materially inhibit) ¾Sets new 60-day and 90-day shot clocks for action ¾Limits fees and rents that can be charged for use of public right-of-way and municipal infrastructure for placement of small cells to reasonable, cost-based fees, and creates “safe harbors” (permits: $500, $1000, and $270 annual charge for placement on government owned ROW poles) ¾Adopts new standards for limiting aesthetic regulations Also holds: ¾All permits/authorizations subject to FCC shot clocks ¾Collocation does not require existing wireless facilities, only an existing structure Aesthetics •Local land use authorities aesthetic requirements (including undergrounding and spacing requirements) are not preempted if: (1)Reasonable, (2)no more burdensome than those applied to other types of infrastructure deployments, and (3)objective *and published in advance *Redlines reflect changes in light of Ninth Circuit ruling in Small Cell Order litigation. City of Portland v. United States, 969 F.3d 1020 (9th Cir. 2020). Pet. en banc review denied, October 2020. •Moratoria Order was upheld by Ninth Circuit 270 Summary of Wireless Shot Clocks & Deemed Granted Remedies 9 FCC Category Applicable Shot Clock Deemed Granted Remedy Eligible Facilities Requests (EFR) Must involve modification to existing wireless facility (tower or base station) and meet size and other requirements to qualify as EFR 60 days Federal Small Wireless Facility (SWF) Must be personal wireless services facility that meets size and other requirements to qualify as SWF. Placement on existing structure (need not be existing wireless facility)60 days California (effective 1/1/22) New 90 days California (effective 1/1/22) Collocations Must involve placement of personal wireless services facility (that does not qualify as EFR or SWF) on existing structure which need not have wireless facility already on it 90 days California Other Personal wireless services facility that does not fall in any other category 150 days California California Category Applicable Shot Clock Deemed Granted Remedy Gov. Code 65850.75 State Generator Law (in effect only until 1/1/2024) Must involve qualifying emergency standby generator for macro cell tower site 60 days California Summary of Notice of Incompleteness Deadlines 10 Category NOI Deadlines Eligible Facilities Requests (EFR)Initial Submission: 30 days Resubmissions: 10 days Small Cells (Small Wireless Facility (SWF)) Initial Submission: 10 days* Resubmissions: 10 days *First NOI resets shot clock Collocations Initial Submission: 30 days Resubmissions: 10 days Other Initial Submission: 30 days Resubmissions: 10 days CA Emergency Generator (AB 2421) Initial Submission: 10 days* Resubmissions: 10 days* *All NOIs reset shot clock 271 Eligible Facilities Requests (6409) •2015 Implementation Order: FCC order adopting rule is critical to understanding requirements: In re Acceleration of Broadband Deployment by Improving Wireless Facilities Siting Policies,29 FCC Rcd. 12865 (Oct. 17, 2014), amended by 30 FCC Rcd. 31 (Jan. 5, 2015). Upheld, Montgomery County v. FCC 811 F.3d 121 (4th Cir. 2015) •2020 Clarifications Order: In response to industry petitions FCC adopted “clarifications” to Section 6409 rules. In the Matter of Implementation of State and Local Governments’ Obligation to Approve Certain Wireless Facility Modification Requests Under Section 6409(a) of the Spectrum Act of 2012, Declaratory Ruling and Notice of Proposed Rulemaking, Docket 19-205 (June 9, 2020). •2020 Expansions Order: After the rulemaking process, FCC modified rules for towers outside of the public right-of- way. For such towers, a site expansion up to 30 feet in any direction does not constitute a substantial change. In the Matter of Implementation of State and Local Governments’ Obligation to Approve Certain Wireless Facility Modification Requests Under Section 6409(a) of the Spectrum Act of 2012, Report and Order, Docket 19-250 (Oct. 27, 2020). State Law Limitations (General) •Deemed Approved Remedy for FCC’s shot clocks, except the EFR shot clock which has a federal deemed granted remedy Note: this state remedy is not available for proposed placements on fire dept. facilities •Wireless permit may not be less than 10 years (unless “public safety” or “land use” reasons) •Cannot require escrow deposit for removal of a facility (bonds ok) •Cannot require all facilities to be located on sites owned by particular parties •State law recognizes federal authority over RF emissions regulation and prohibits localities from taking into account RF emissions in evaluating proposed wireless facilities, except to the extent authorized by federal law. •AB 2421 temporarily imposes 60 day shot clock and mandatory approval of qualifying emergency generators at macro cell sites; does not apply to small cells, distributed antenna systems, or rooftop facilities. Sunsets on Jan. 1, 2024. 272 State Law Limitations (Wireless in ROW) Concerning ROW placements: •Cal. Pub. Util. Code § 7901 –Telephone corporations including wireless companies have a to construct facilities along and upon any public road or highway. . . in such manner and at such points as not to “incommode the public use of the road or highway” T-Mobile W., LLC v. City & Cnty. of. San Francisco (2019) – Discretionary review considering aesthetics ok’d under state law by California Supreme Court •Cal. Pub. Util. Code § 7901.1 – Power to reasonably regulate “time, place, and manner” in which roads are accessed. Must be applied to all entities in an “equivalent” manner. •Cal Pub. Util. Code § 2902 – regulate use and repair of public streets, location of poles, wires, mains, or conduits of any public utility, on, under, or above any public streets (to the extent not preempted by CPUC regulation) •CPUC regulates safety of electric and communications utility infrastructure in ROW, eg. General Order 95 RF Emissions – FCC Authority •Telecommunications Act of 1996, Pub. L. No. 104-104, § 704(b), 101 Stat. 56, 152 (directing FCC to “prescribe and make effective rules regarding the environmental effects of radio frequency emissions”) •47 USC §332(c)(7)(B)(iv): “No State or local government or instrumentality thereof may regulate the placement, construction, and modification of personal wireless service facilities on the basis of the environmental effects of radio frequency emissions to the extent that such facilities comply with the Commission’s regulations concerning such emissions.” 14 273 RF Emissions and ADA/FHA ADA and FHA Claims Wolf v. City of Millbrae, 2021 WL 3727072 (N.D. Cal) •Plaintiff claimed that RF emissions from a cell tower above his housing complex caused him to suffer from "electromagnetic hypersensitivity" (EHS), and requested that City order accommodations be made under the ADA and FHA by either turning the tower off or requiring the company to relocate the tower site •Court held that Plaintiff's claims against the City for violation of the ADA and FHA were unreasonable because his requests would require the City to violate § 332(c)(7)(B)(iv). Court found that “it would be improper under the ADA to subject a defendant to the threat of litigation for the purpose of accommodating a plaintiff under the ADA.” Court applied the same reasoning for Plaintiff's FHA claim—”granting Plaintiff's accommodation request would require the City to regulate RF emissions in violation of the TCA and its implementing regulations. This accommodation would require the City to face liability for violating federal law and is thus not reasonable.” 15 Limitations on Fees under State Law •Proposition 26 – Voter Approval Required for Tax (New Def of Tax) •Mitigation Fee Act Government Code section 66014 governs permitting fees (“fees may not exceed the estimated reasonable cost of providing the service for which the fee is charged . . .” •CA Telecommunications Infrastructure Act Government Code Section 50030 -Cost Based Fees Only) •Public Utilities Code section 7901: No charge use of ROW by telephone and wireless companies 16 274 BBKLAW.COM Wireless Ordinance Updates 17 Draft Ordinance •Establishes three permit types for wireless facilities: (CUP, Zone Clearance and Temporary Use Permit) Includes Exemption for Amateur Radio and Satellite Dishes (OTARDs) •Flexible Application Form Requirements •New Wireless-Specific Findings for Approval •Imposes New Design, Location and Development Standards •Creates Standard Conditions of Approval (For Deemed Approved) •Creates Exception Process for Design, Location and Development Standards 18 275 Permit Processes •Current 2004 Code requires CUPs for all wireless facilities: •First Draft of Wireless Ordinance Update: CUP for Type 4 (150 day shot clock) Zone Clearance for Types 1 (SWF Collocation – 60 day), 2 (Collocation on existing structure – 90 day), 3 (SWF on new or replacement structure – 90 day), and 5 (EFRs – 60 days) •Revised Draft of Wireless Ordinance Update: CUP for Type 2 (Collocation on existing structure – 90 day), 3 (SWF on new or replacement structure – 90 day), and 4 (150 day shot clock) Zone Clearance for Type 1 (SWF Collocation – 60 day), and 5 (EFRs – 60 days) 19 New location standards •Outside ROW: No facilities on private residential properties, except for collocations onto existing utility poles. •Inside ROW: Preference to utilize existing poles and structures or replacement of existing structures or poles No facilities in the front façade of any residential primary building. No facilities within 10 feet of a driveway. Applicants must avoid new poles to the maximum extent technically feasible. 20 276 BBKLAW.COM Thank you. Questions? 21 277 278 [DRAFT] POLICY REGARDING DESIGN AND PLACEMENT OF CELL SITES ON EASEMENTS I. PURPOSE A. Policy Basis. The Board of Directors of the Rolling Hills Community Association (RHCA) conducted a community-wide survey of its residents and determined by overwhelming consensus that wireless services in RHCA are materially deficient.1 Over 74% of the respondents found that access to E-911 emergency services were inadequate along roadways in RHCA and more than 92% of the respondents agreed for the need to improve cell services. The Board received multiple reports of residents unable to reach E-911 in emergencies due to the lack of adequate wireless services in the community. The Board finds that the lack of adequate wireless services in the community requires action to protect residents and visitors. B. Policy Purpose. The Purpose of this Policy is to create design and installation guidelines (Guidelines) for small cell wireless sites in the community. To that end, a full-sized mock-up was installed in the community and reviewed by residents. That mock-up was evaluated by nearly 200 residents with a design acceptance of approximately 90%.2 II. PROCEDURES A. Guidelines. It is the intention of the RHCA Board to develop and adopt guidelines to inform the cell service providers, their agents and association members of the parameters and principles the Board will use as a basis for review and approval of proposed cell site design and locations and improvements to t he existing network located in the Association’s easements. The Board values and seeks to preserve the overall rural aesthetic of the community and use of the community’s easements while balancing the community’s need for a reliable communication network. The Board also recognizes individual owner’s enjoyment and aesthetics of their properties and also takes this into consideration when considering an application for new cell facilities. Prior to adoption of Guidelines for new cell sites , RHCA members sha ll be invited to provide comments in connection with the consideration and adoption of the Guidelines. The Guidelines shall provide for an application process to disclose the proposed location of cell sites and the ir design. An application fee paid by the cell provider shall cover the cost of each application. B. Procedures. The Manager, upon determining that proposed facilit ies are consistent with designs approved by the Board, shall work with the cell provider as to the location of the 1 “Rolling Hills Community Association- Public Participation Survey About Cellular Services” conducted from January 4-January 16, 2023. 2 “Rolling Hills Community Association Public Participation Survey About Small Cell Design” conducted from August 8-September 1, 2023. 279 facility. The goal shall be to facilitate the placement of small cells on joint property lines and other locations and to reasonably avoid placement of cells adjacent to the front center of residences. Applicant s shall demonstrate that their proposed facilit ies comply with Federal Communications Commission radio frequency guidelines.3 C. Member Comments. The Manager shall present proposed cell sites to the Board at a regularly scheduled and published meeting to allow RHCA members to provide comments to in connection with such reviews. The Board shall have the final authority over the placement of wireless facilities, balancing the needs of the community and individual members who might be impacted by their placement. D. Annual Review. The Guidelines shall be further reviewed by the Board at least once every calendar year and each time changes to the Guidelines and/or fees are recommended by the Manager. RHCA members shall be given notice in advance of each such review and invited to provide comments to the Board. Policy ____ adopted ________, 2023 3 47 C.F.R. § 1.1307 et seq. guidelines for Uncontrolled/General Population. 280 65277.00023\41824594.2 THE CITY OF ROLLING HILLS WIRELESS FACILITY APPLICATION AND SUBMITTAL CHECKLIST Page 1 of 12 Version 11.27.23 Section 1 – General Project Information for All Applicants: Applicant/Proposed Operator of Wireless Facility Name: ______________________________________________________ Company: ______________________________________________________ Mailing Address: ______________________________________________________ City, State, Zip: ______________________________________________________ Phone: ______________________________________________________ E-mail: ______________________________________________________ Applicant’s Authorized Representative: Name: ______________________________________________________ Company: ______________________________________________________ Mailing Address: ______________________________________________________ City, State, Zip: ______________________________________________________ Phone: ______________________________________________________ E-mail: ______________________________________________________ Site Location and Description Project Location/Address:_____________________________________________________ Project Name: ______________________________________________________ Zoning Description: ______________________________________________________ Current Use: ______________________________________________________ For Parcels: Block: ______________________________________________________ Lot(s): ______________________________________________________ Assessor Parcel No(s): ______________________________________________________ For Rolling Hills Community Association Private Right-of-Way: Pole Coordinates: ______________________________________________________ Pole Number (if applicable): ___________________________________________________ Type of Proposed Facility (Check One) Type 1 – Collocation of a small wireless facility on an existing structure Type 2 – Collocation on an existing structure which does not qualify as a Type 1 small wireless facility collocation or a Type 5 eligible facilities request Type 3 – New small wireless facility on a new or replacement structure Type 4 – New tower or any other wireless facility that is not a Type 1, 2, 3, 5 or 6 application Type 5 – Eligible facilities requests Type 6 – Temporary facilities Section 17.27.040(H) – Request for Limited Exceptions for Personal Wireless Service Facilities 281 65277.00023\41824594.2 THE CITY OF ROLLING HILLS WIRELESS FACILITY APPLICATION AND SUBMITTAL CHECKLIST Page 2 of 12 Version 11.27.23 Primary Wireless Facility Provider that will use this wireless communication facility: Company Name: _____________________________________________________ Name: _____________________________________________________ Email: _____________________________________________________ Phone No.: _____________________________________________________ Secondary Wireless Facility Provider that will use this wireless communication facility (if applicable): Company Name: _____________________________________________________ Name: _____________________________________________________ Email: _____________________________________________________ Phone No.: _____________________________________________________ Proof of Payment of Required Fees. At the time of submittal of any wireless facility application, the Applicant must pay to the City any requires fees. If the applicant has questions regarding the applicable fees, please contact the City’s Planning and Community Services Department. Other Permits and Authorizations Required: Below, please either sign the acknowledgment OR identify other permits and/or authorizations which will be needed for this proposed facility: By signing below, the applicant hereby agrees that, should this application be granted, or granted subject to conditions, the FCC shot clock applicable to this application does not apply to any other permits, regulatory authorizations or agreements needed from the City, and that no work may be undertaken on the applied-for personal wireless services facility until all such permits, regulatory authorizations and agreements required from the City have been applied for and obtained. Agreed: __________________________ --OR-- Identify any and all additional permits, regulatory authorizations and agreements you contend the City must issue (absent agreement) within the time period that the City must take action on this application under the applicable FCC shot clock. It is the applicant’s responsibility to review the Rolling Hills Municipal Code and to identify all additional permits, regulatory authorizations and agreements that will be needed from the City. The applicant’s failure to identify and list any permits, regulatory authorizations or agreements required from the City below will be deemed a waiver of any claim by the applicant that the City was required to act on any of those permits, regulatory authorizations or agreements not so identified within the FCC shot clock applicable to this application. For each of the permits, authorizations or agreements you identify below, if you have the required authorization, attach and mark a copy as “Attachment – Other Permits and Authorizations.” If you do not have the required authorization, indicate whether you have applied for it or not, and either submit the application and all fees or submit proof of previous submittal and previous payment of all such fees, as applicable. 282 65277.00023\41824594.2 THE CITY OF ROLLING HILLS WIRELESS FACILITY APPLICATION AND SUBMITTAL CHECKLIST Page 3 of 12 Version 11.27.23 _______________________ _______________________ _______________________ _______________________ Section 2 – General Application Requirements for All Wireless Communication Facility Types: All applications for a wireless communication facility or modification including Eligible Facilities Requests (EFRs) shall include the following, except where noted: □ 2.1 Cover Sheet. A complete cover sheet must include at a minimum: a detailed project description that specifies the proposed installation and/or modifications. If the application is for a Small Cell Wireless Facility or an Eligible Facilities Request, explain how the proposed wireless communication facility meets the definition of Small Cell Wireless Facility or an Eligible Facilities Request; site information that includes the site address, assessor’s parcel number, block, lot(s), site latitude and longitude, zoning description, pole number (if applicable), site map, and project team contact information. □ 2.2 Survey & Site Development Plan. Only a California Registered Civil Engineer or licensed surveyor may prepare the survey and site development plan. A complete survey and site development plan must include: a north arrow, date, scale and legend; plan-view drawings, which include: the entire property or right-of-way block with the proposed project improvements; detailed before-and-after views of the any and all poles, posts, pedestals, traffic signals, towers, streets, sidewalks, pedestrian ramps, driveways, curbs, gutters, drains, handholes, manholes, fire hydrants, equipment cabinets, antennas, cables, trees and other landscape features; detailed before-and-after views for each antenna sector; detailed before-and-after views for any equipment pads, shelters, enclosures, rooms, vaults and/or platforms; all existing and proposed equipment (including the point of origin and point of connection for all power and telco utilities) with all dimensions, labels and ownership identifications clearly called out; boundaries for all areas leased/licensed in connection with the wireless site with all dimensions clearly shown and called out; boundaries for all easements, encroachments and/or other rights-of-way for access and utilities in connection with the wireless site with all dimensions clearly shown and called out; all existing and proposed primary and backup utilities, including without limitation all cables, connectors, risers, conduits, cable shrouds, trays, bridges and/or doghouses, transformers, 283 65277.00023\41824594.2 THE CITY OF ROLLING HILLS WIRELESS FACILITY APPLICATION AND SUBMITTAL CHECKLIST Page 4 of 12 Version 11.27.23 disconnect switches, panels, meters, pedestals, cabinets, vaults, handholes, generators and/or generator sockets; detailed before-and-after elevation drawings from all four cardinal directions, which include: detailed before-and-after depictions of the any and all poles, posts, pedestals, traffic signals, towers, streets, sidewalks, pedestrian ramps, driveways, curbs, gutters, drains, handholes, manholes, fire hydrants, equipment cabinets, antennas, cables, trees and other landscape features; all existing and proposed equipment with all dimensions, labels and ownership identifications clearly called out; for projects in the Rolling Hills Community Association private street easement, all existing and proposed fiber optic cables, conduits, risers, guy wires, anchors, primary and secondary power lines clearly called out; callouts and notes for any proposed new or extended concealment elements; depictions of the applicant's plan for electric and data backhaul utilities, which includes the locations for all conduits, cables, wires, handholes, junctions, transformers, meters, disconnect switches and points of connection; a demonstration that proposed project will be in full compliance with all applicable health and safety laws, regulations or other rules, which includes without limitation all building codes, electric codes, local street standards and specifications, and public utility regulations and orders. (not required for EFRs) all structures or improvements within 100 feet in all directions of the proposed wireless communication facility, including; property boundaries with all bearings, distances, monuments, iron rods, caps or other markers clearly shown and called out; location of all traffic lanes; location of all fire hydrants, roadside call boxes and other public safety infrastructure; location of all streetlights, decorative poles, traffic signals and permanent signage, sidewalks, driveways, parkways, curbs, gutters and storm drains, benches, trash cans, mailboxes, kiosks and other street furniture; location of all existing trees, planters and other landscaping features, including any trees at least 4 inches in diameter at a point approximately 4.5 feet above ground; (not required for EFRs) all residential dwelling units and or any historical structures within 300 feet in all directions in all directions of the proposed wireless communication facility; approximate topographical contour lines with elevations called out; wet stamp and wet signature from preparer; general specifications and notes identifying the applicable public health and safety codes and standards. □ 2.3 Equipment Inventory. All equipment must be inventoried with the following information for each component in a separate cut sheet: manufacturer and model number; basic dimensions (height, width, length and weight). 284 65277.00023\41824594.2 THE CITY OF ROLLING HILLS WIRELESS FACILITY APPLICATION AND SUBMITTAL CHECKLIST Page 5 of 12 Version 11.27.23 □ 2.4 Approval of Rolling Hills Community Association. All proposed new wireless facilities and modifications to existing wireless facilities within the City may require review and approval by the Rolling Hills Community Association. All applicants shall provide documentation demonstrating that the applicant has received approval of the proposed new wireless facility or proposed modification to an existing wireless facility by the Rolling Hills Community Association. If not applicable, check this box □ □ 2.5 Fiber Network Plan. To the extent that the project requires running new fiber optic cables to the proposed wireless facility, the plans must include a street map view that shows all the proposed wireless communication facilities in the deployment, clearly labeled with pole number and/or site ID, the hub or base station that serves the wireless communication facilities in the deployment, all fiber optic cable routes that connect the wireless communication facilities to the hub, and a legend that identifies any symbols, colors or other items on the map. The fiber plans should clearly identify all meet-me points and points of connection. Even if the fiber deployment will be performed by a third-party vendor, the applicant for wireless communication facilities must disclose all known or reasonably foreseeable fiber network elements. 2.6 Fire Safety. All proposed facility plans must include, describe and depict that the facility meets all applicable fire safety and electrical codes and standards. 2.7 Electrical and Structural Safety Information. The following engineering documents prepared under the responsible charge of and sealed by a California licensed Professional Engineer: A short circuit and coordination study (“SCCS”) calculated pursuant to the IEEE 551-2006: Recommended Practice for Calculating AC Short-Circuit Currents in Industrial and Commercial Power Systems or the latest version of that standard. The study must demonstrate the protection devices will ensure the equipment enclosure will not be breached. The SCCS must include analysis of Voltage Transient Surges due to contact of conductors of different voltages; A one-line diagram of the electrical system; Voltage Drop & Load Flow Study; Load Calculation; Panel Directories; A plot plan showing the location of the mounting structure including address, or structure designation, or GPS location on the front sheet; A plot plan showing the location of the service disconnecting means; An elevation drawing of the equipment and the service disconnecting means 2.8 Structure or Pole Owner Authorization. If the applicant does not own the structure or pole, provide a written authorization executed by the property owner(s) that authorizes the applicant to file the application and perform the work to the extent described in the application. For facilities on utility poles, the applicant may submit the standard authorization form the pole owner or joint utility association uses to demonstrate that the applicant has the authority to perform the installation or modification. For facilities on any structure owned or controlled by the City located within the private Rolling Hills Community Association rights-of-way, the applicant must submit a copy of the executed license agreement with the written authorization from the City to demonstrate that the applicant has the authority to perform the installation or modification. If not applicable, check this box. □ 285 65277.00023\41824594.2 THE CITY OF ROLLING HILLS WIRELESS FACILITY APPLICATION AND SUBMITTAL CHECKLIST Page 6 of 12 Version 11.27.23 2.9 Manufacturing Specifications for Noise Generating Equipment. All manufacturer’s specifications for all noise-generating equipment, such as air conditioning units and back-up generators, including the equipment decibel ratings for both maintenance cycling and continual operation modes. If the manufacturer’s specifications or other information suggest that noise generated by the proposed wireless communication facility would exceed applicable noise standards of the City, provide a noise study or study prepared and certified by an engineer (or other qualified personnel acceptable to the City) confirming compliance with applicable standards and/or demonstrating the maximum noise output for the wireless communication facility. If an applicant has prepared and submitted a noise study for a specific wireless communication facility design, a subsequent noise study is not required for the exact same design (inclusive of all components and technical features). 2.10 Site Photographs, Photo Simulations. Provide site photos and photo simulations that would allow the City to visualize the applicant’s proposed project as constructed. The photo simulations must be in a high-resolution format and show the proposed facility from reasonable line-of-sight locations that would accurately and reliably reflect the appearance of the proposed facility and/or modifications as- built. Except as otherwise provided, photo simulations must contain all the following: □ 2.11.1 Current Site Photos. Current site photos must include: photos of the existing site from at least three different reasonable line-of-sight locations from public streets or other publicly available areas. These should show perspectives of the properties situated in closest proximity to the location being proposed for the siting of the facility, as well as those properties which would reasonably be expected to sustain the most significant adverse aesthetic impacts due to such factors as their close proximity to the site, their elevation relative to the site, the existence or absence of a “clear line of sight” between the tower location and their location. Applicant should also attempt to get permission from adjacent property owners to take photos that can be used to show potential impacts to their views. If unable to obtain permission to photograph from adjacent properties, applicant shall include a written statement identifying the properties for which consent was requested and not obtained; a map detail showing each location where a photograph was taken, the proposed site and the direction to the site from each photo location. □ 2.11.2 Photo Simulations. Photo simulations must include: an accurate and reliable visual representation of the proposed facility from the same reasonable line-of-sight locations used in the current site photos and must include without limitation all interconnecting cables, conduits, brackets, and electronic equipment such as antennas, radio units and powering equipment; at least one photo simulation depicting the proposed facility from a vantage point approximately 50 feet from the proposed support structure or location; at least one photo simulation that demonstrates the impact of the proposed modification on the all the concealment elements, if any, of the support structure. Concealment elements include 286 65277.00023\41824594.2 THE CITY OF ROLLING HILLS WIRELESS FACILITY APPLICATION AND SUBMITTAL CHECKLIST Page 7 of 12 Version 11.27.23 but are not limited to screen walls, architectural elements, radomes, landscape features, equipment enclosures and designs and/or techniques intended to mimic the natural or built environment; a map detail showing each location where a photograph was taken, the proposed site and the direction to the site from each photo location. 2.12 FCC Licenses. If the applicant proposes to operate in FCC-licensed spectrum, provide proof of licenses for all planned operating bands in the applicable geographic market(s). Alternatively, the applicant may provide a URL address or written instructions on where to find such licenses in publicly available FCC resources. 2.13 FAA Forms. If the proposed wireless facility requires the applicant to file FAA form 7460 or other documentation under Federal Aviation Regulation Part 77.13 et seq., or under other FCC rules, provide such documentation. If not applicable, check this box □ 2.14 State Regulatory Authorization, For facilities proposed in the private Rolling Hills Community Association rights-of-way, the applicant must submit evidence of the applicant’s regulatory status under California law to provide the services and construct the facility proposed in the application. Applicants may provide a URL address or written instructions on where to find the regulatory status (e.g., CPCN or WIR) in publicly available resources. If not applicable, check this box □ 2.15 Underground Service Alert Membership. Provide evidence that the applicant is a member in good standing with the Underground Service Alert of Southern California (DigAlert). □ 2.16 Health and Safety Compliance. Provide a description of and documentation demonstrating that the proposed wireless communication facility will comply with generally-applicable health and safety standards of the Rolling Hills Municipal Code, City regulations and standards, and state and federal laws and regulations as may be applicable. □ 2.17 Radio Frequency Emissions Exposure Compliance Report. Provide a radio frequency (“RF”) emissions exposure compliance report prepared and certified by an engineer that certifies that the proposed facility, as well as any collocated facilities, will comply with applicable federal RF exposure standards and exposure limits. The RF compliance report must include: the actual frequency and power levels (in watts effective radiated power, not effective isotropic radiated power) for all existing and proposed antennas at the site; Include exhibits that show: the location and orientation (degree azimuths) of all transmitting antennas; 287 65277.00023\41824594.2 THE CITY OF ROLLING HILLS WIRELESS FACILITY APPLICATION AND SUBMITTAL CHECKLIST Page 8 of 12 Version 11.27.23 the boundaries of areas with RF exposures in excess of the uncontrolled/general population limit (as that term is defined by the FCC); the boundaries of areas with RF exposures in excess of the controlled/occupational limit (as that term is defined by the FCC); Note: Each such boundary must be clearly marked and identified for every transmitting antenna at the project site. an affirmation that the proposed installation will be operated in compliance with 47 U.S.C. § 324. □ 2.18 Structural Analysis. Provide a report prepared and certified by an engineer (or other qualified personnel acceptable to the City) that evaluates whether the underlying pole, support structure or base station has the structural integrity to support all the proposed equipment and attachments. At a minimum, the analysis must be consistent with all applicable requirements in the most current versions of the CPUC General Order 95 (including, but not limited to, load and pole overturning calculations), the National Electric Safety Code, the California Building Code and any safety and construction standards required by all state and local regulations. □ 2.19 Hazard Assessment. A full assessment of the hazards posed by the proposed facility in the event of failure due to flood, high wind, high heat, outage, lightning strike or fire must be conducted that includes the presence of nearby vegetation and structures at applicant’s cost. All materials in the proposed facility must be disclosed, including hazardous materials in any and all equipment. The assessment must identify if any tree removal or tree trimming is required or necessary in order to reduce fire hazard. 2.20 CEQA Documentation. Provide an environmental impact assessment to determine whether the proposed project is categorically exempt under Article 19 of the CEQA Guidelines, or whether the proposed project will require a Negative Declaration, Mitigated Negative Declaration or an Environmental Impact Report. If a request has been made to the CPUC for a CEQA determination for the proposed project (for example, under the CPUC’s 21-day expedited review process in Decision 21-04-006), provide a copy of that submittal and any CPUC staff determination. 2.21 NEPA/NHPA Documentation. Provide confirmation that an environmental assessment, or other application determination, has been completed by or on behalf of the FCC for any facility proposed in a location identified in 47 C.F.R. 1.307 (including a floodplain) or as otherwise required by National Environmental Policy Act or the National Historic Preservation Act. 2.22 Collocation Acceptance. Provide a letter to the City Manager stating the applicant's willingness to allow other carriers to co-locate on its facilities wherever feasible or a written explanation why the subject facility is not a candidate for co-location. 2.23 Coverage Map. Provide a narrative and map that discloses the exact location and nature of any and all existing facilities that are owned (including publicly owned structures), operated or used by the applicant and located within five miles from the geographic borders of the City. 288 65277.00023\41824594.2 THE CITY OF ROLLING HILLS WIRELESS FACILITY APPLICATION AND SUBMITTAL CHECKLIST Page 9 of 12 Version 11.27.23 Section 3 – Design and Location Information (not required for Eligible Facilities Requests) 3.1 Compliance with Design Standards. Describe how the application adheres to and is designed consistent with the Design Standards, as outlined in Section 17.27.040. All applicants shall, to the extent feasible, design a wireless communication facility to be a Stealth Facility. Include at least the following information: 3.1.2 Design Requirements. Does the proposed wireless communication facility comply with all design requirements in Section 17.27.040? Yes No If the answer above is no, identify all items of non-compliance and identify the basis for making an exception request pursuant to Section 17.27.040(H) for each item listed. The information must include at a minimum: a map identifying the search area used to identify the proposed location a minimum of two alternative designs the information required to demonstrate the type of exception requested pursuant to Section 17.27.040(H) (e.g. effective prohibition claim, violation of applicable law claim, technical infeasibility claim, minor non-compliance claim) 3.2 Compliance with Location Standards & Alternative Site Analysis. Describe how the application adheres to and is designed consistent with the Location Standards, as outlined in Section 17.27.040. Provide an analysis supporting the applicant’s assertion that no alternative sites are available technically feasible to provide commercially adequate signal propagation in the target service area. The City may require independent verification of this analysis at the applicant's expense. Section 4 – Supplemental Application Requirements for Eligible Facilities Requests Only: 4.1 Qualification as Eligible Facilities Request (EFR). Provide a detailed description of the proposed project and how it qualifies as an Eligible Facilities Request. The project description must address all of the following items as applicable to the proposed project: For existing towers outside the private Rolling Hills Community Association rights-of-way: The overall height of the existing tower will increase by _____________(must be less than 10% or the height of 1 additional antenna array with separation from the nearest existing antenna not to exceed 20 feet (whichever is greater)). Any added appurtenance to the body of the existing tower will protrude from the edge of the tower by _____________(must be not exceed 20 feet or the width of the tower at the level of the appurtenance (whichever is greater)). The number of equipment cabinets for the technology involved is ________ (must not exceed the standard number of new equipment cabinets for the technology involved or exceed 4 cabinets). Excavation or deployment is within the current boundaries of the leased or owned property surrounding the existing tower or is outside the current boundaries by no more than 30 feet in any 289 65277.00023\41824594.2 THE CITY OF ROLLING HILLS WIRELESS FACILITY APPLICATION AND SUBMITTAL CHECKLIST Page 10 of 12 Version 11.27.23 direction. The site boundary from which the 30 feet is measured excludes any access or utility easements currently related to the site. For existing towers in the private Rolling Hills Community Association rights-of-way and for all existing base stations: The overall height will increase by ____________ (must not exceed 10% or 10 feet (whichever is greater)). Any added appurtenance to the body of the base station will protrude from the edge of that structure by _______________ (must be less than 6 feet). Any ground cabinets to be installed are _______________ in size (must not exceed 10% larger in height or overall volume than any other ground cabinets associated with the base station). There will be _____ new equipment cabinets installed on the ground (if there is no pre- existing ground cabinet associated with the base station, no new equipment cabinets may be installed on the ground). Provide cabinet dimensions on plans. There is no excavation or deployment outside the current site. For all EFR applications: The modification does not defeat the preexisting concealment elements of the eligible support structure. The proposed modification does not violate a prior condition of approval, provided however that it need not comply with any prior condition of approval related to height, width, equipment cabinets or excavation that is inconsistent with the permitted thresholds for a non-substantial change described above. NOTE: The thresholds for height increases are cumulative limits. □ 4.2 Prior Regulatory Authorizations and Approvals. Provide true and correct copies of all permits and/or other regulatory approvals issued by the City (or other local public agency with jurisdiction over the subject wireless tower or base station) in connection with the initial construction or installation and any subsequent collocations, modifications or permit renewals of the subject wireless tower or base station. Alternatively, the applicant may submit a written justification that sets forth reasons why prior permits or other regulatory approvals were not required for the wireless tower or base station at the time it was constructed or modified. Section 5 – Requests for Limited Exceptions for Personal Wireless Service Facilities Pursuant to Section 17.27.040(H): □ 5.1 The applicable review authority may grant waivers of the design and location standards for wireless communications facilities subject to Section 17.27.040, if it is determined that the applicant has established that denial of an application or strict adherence to the location and design standards would: a. Prohibit or effectively prohibit the provision of personal wireless services, within the meaning of federal law; or b. Otherwise violate applicable laws or regulations; or 290 65277.00023\41824594.2 THE CITY OF ROLLING HILLS WIRELESS FACILITY APPLICATION AND SUBMITTAL CHECKLIST Page 11 of 12 Version 11.27.23 c. Require a technically infeasible location, design or installation of a wireless facility. 5.2. If that determination is made, said requirements may be waived, but only to the minimum extent required to avoid the prohibition, violation, or technically infeasible location, design or installation. □ 5.3 Exceptions must be requested at the time an application is initially submitted for a permit. The request must include both the specific provision(s) from which exception is sought and the basis of the request, including all supporting evidence on which the applicant relies. A request for exception from one or more requirements does not relieve the applicant from compliance with all other applicable requirements. Section 6 – Applicant Certification By signing and submitting this application, the applicant agrees to the following: 1. At its sole expense, to defend, indemnify, and hold harmless the City, its public officials, officers, employees, and assigns, from any liability; and shall reimburse the City for any expense incurred, resulting from, or in connection with any project approvals. This includes any appeal, claim, suit, or other legal proceeding, to attack, set aside, void, or annul any project approval. The City shall promptly notify the applicant of any legal proceeding, and shall cooperate fully in the defense. The City may, at its sole discretion, participate in any such legal action, but participation shall not relieve the applicant of any obligation under this condition. Should any party bring any legal action in connection with this project, the Superior Court of the County of Los Angeles, California, shall be the situs and have jurisdiction for the resolution of all such actions by the parties hereto. 2. That all materials submitted as part of this application package are considered to be public information, may be posted on the internet, distributed to the necessary Committees, Commissions and Board of Commissioners as part of the approval process, and reviewed by the public. 3. To comply with all City regulations and State laws relating to building construction for any and all aspects of the project proposed in this application and authorizes representatives of the City and Advisory Agencies to enter the above mentioned property at reasonable times for inspection purposes related to the project for which this application is submitted. 4. The City’s review relies on the written and/or oral statements by applicant and/or persons authorized to act on applicant’s behalf. In any matter before the City in connection with the application, neither the applicant nor any person authorized to act on applicant’s behalf shall, in any written or oral statement, intentionally provide material factual information that is incorrect or misleading or intentionally omit any material information necessary to prevent any material factual statement from being incorrect or misleading. 291 65277.00023\41824594.2 THE CITY OF ROLLING HILLS WIRELESS FACILITY APPLICATION AND SUBMITTAL CHECKLIST Page 12 of 12 Version 11.27.23 I declare under penalty of perjury that I am the owner or authorized agent for this property and that the foregoing statements and answers and all data information, documents and evidence herewith submitted are to the best of my knowledge and belief, true and correct. ________________________________________________ Applicant’s Signature/Authorized Representative’s Signature ___________________________ Printed Name ___________________________ Date Printed Name: __________________________________________________ Title: __________________________________________________________ Signature: ______________________________________________________ Phone Number: _________________________________________________ Date: ______________________ The City of Rolling Hills reserves the right to rescind any approval made under Section 6409(a) or the Spectrum Act should any portion of Section 6409(a) or the Spectrum Act, or the FCC’s interpretation thereof, be deemed unconstitutional by a court of law” 292 Agenda Item No.: 12.A Mtg. Date: 12/14/2023 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO CITY MANAGER THRU:KARINA BAÑALES SUBJECT:RECEIVE AND FILE AN UPDATE FROM SITELOGIQ REGARDING THE BATTERY ENERGY STORAGE AND SOLAR PHOTOVOLTAIC PROJECT FOR THE CITY HALL CAMPUS BACK-UP POWER / RESILIENCY AND TIMELINE TOWARDS A PUBLIC HEARING DATE:December 14, 2023 BACKGROUND: A diesel back-up power generator served the City Hall campus for many years, but the unit became inoperable in 2019. In late 2020, the City Council commissioned professional expertise to offer options for providing reliable back-up power to the City Hall campus, including the Rolling Hills Community Association (RHCA) building and operations. Between October 2020 and March 2023, the City Council reviewed options provided by a professional architectural and engineering team working on the City Hall ADA project. In 2021, the architectural and engineering team provided a solar panel and battery back-up solution with estimated installation costs, based on the following requirements, to be approximately $250,000: Current City Hall campus demand based on electric bills for 2020/2021 Supply 24 hours of backup power 16 kWh battery backup 75 kW Solar Photovoltaic system The City Council subsequently assigned further exploration to the RHCA. After some time, the RHCA requested city staff take back ownership of a project, whereupon City staff brought it to the City Council. On March 27, 2023, the City Council directed staff to explore the solar/battery back-up power option. With this direction, city staff could approach the project conventionally by preparing an engineering design and advertising for construction bids or considering other alternatives as presented to the former City Manager. On April 24, 2023, at the invitation of the former City Manager, SitelogIQ, an energy solutions 293 company, presented an alternate approach to delivering the solar/battery backup power solution to the City Council. SitelogIQ is a licensed General Contractor delivering energy infrastructure programs for State and local governments. SitelogIQ discussed available funds from the Federal government, including the Inflation Reduction Act (IRA) that could offset local government expenditures on energy projects. Such projects involve the installation or modification of improvements to an energy-efficient or renewable energy system. Via the IRA, the Federal government allows the city to obtain a federal tax credit in the form of a direct payment (i.e., rebate) for energy storage (battery), electrical infrastructure, solar, and microgrid controllers. The rebate could be as high as 30% of the project cost, provided the project is completed within a specific timeframe. In the previous four years, City staff had many successes securing grant funds or other fund sources to offset the use of the General Fund for city projects. To move forward and execute a backup power project, the City Council was presented with two options: 1) to set aside a projected budget surplus or 2) use savings from the General Fund Reserves. In the SitelogIQ approach, the City could potentially save on design engineering costs by solely sourcing the project to SitelogIQ, thereby offsetting General Fund expenditures with SitelogIQ assisting the City in utilizing the Federal government's IRA rebate. In May 2023, SitelogIQ provided City staff with a Letter of Agreement (LOA) for consideration. The LOA outlined SitelogIQ's scope of services to develop an energy project that satisfies the city's requirements for a design/engineering cost of $28,500. If the city ultimately chooses to enter into a contract with SitelogIQ for project implementation within 60 days after receiving a formal presentation of the proposed project, SitelogIQ's design and engineering fee would be waived. Beyond the aforementioned 60 days, the fee paid would be credited toward the project's total implementation cost. Per SitelogIQ, the California Government Code 4217.10 provides the ability for public agencies to sole source the project delivery to SitelogIQ as long as the requirements of the code section are met. Given the past year's staff vacancies, the lack of technical expertise on energy projects, the current workload to deliver the CalOES/FEMA Hazard Mitigation Program grants, and the possibility to offset General Fund expenditures for the backup power project, staff recommended at the June 12, 2023 City Council meeting, the City Council accepted staff's recommendation and directed staff to engage the services of SitelogIQ. On June 26, 2023, the City Council approved a Professional Services Agreement with SitelogIQ. DISCUSSION: On April 24, 2023, City staff and SitelogIQ provided a preliminary presentation to the Council on the battery energy storage and solar photovoltaic project. The Council approved SitelogiQ to work with staff under a Professional Services Agreement towards the development of a comprehensive project. Over the summer and fall of 2023, SitelogIQ conducted an initial site walk to determine the scope and scale of the program. Their work has included the following: 294 Compiled utility tariff and reviewed historical utility usage/bill analysis for the City Hall campus / tennis courts; Modeled future use and operation of a distributed energy resource composed of solar photovoltaic and battery energy storage and performance using industry-leading software platform, Energy Toolbase; Evaluated/selected products and equipment. The electrical load and service voltage limited SitelogIQ to four primary products/manufacturers. These were benchmarked against each other, with the selected product meeting the following criteria: cost, efficiency, and application; Hosted contractors on-site to walk through the scope and existing conditions. Validated equipment, material quotes, and labor bids; Developed cashflow and identified funding pathways; Met with City staff to review preliminary project scope; Conducted internal review to identify risks and challenges; Reviewed the application process for the IRA and calculated the “elective pay” tax incentive based on total eligible costs SitelogIQ's project team has developed a comprehensive scope of work around resiliency that provides a turn-key design-build solution to the City. They compiled a 20-year program cash flow incorporating ongoing maintenance and operations that was reviewed by the former Interim City Manager and current City Manager / staff. Attached are an updated presentation and proformas. Included are a utility summary and two program financial options: Option 1 – Cash deal for the entire scope of work Option 2 (No EV) – Cash deal for a scope of work without EV Charging SiteLogIQ is also exploring a Power Purchase Agreement (PPA) for the entire project. If that exploration provides a positive option for consideration, SiteLogIQ will provide those numbers to the Council at a future Public Hearing. If the City Council chooses to continue moving forward, staff will bring this item to the Planning Commission on December 19, 2023 and at a Rolling Hills Community Association Board meeting in late December or January. FISCAL IMPACT: The total fiscal impact of the project would be $685,000. At the June 12, 2023 City Council meeting, the FY 2023-2024 budget was approved, including an allocation of $250,000 to the City Hall campus back-up power project. SiteLogIQ's proforma assumes rebates of up to $213,836. This would leave the unfunded portion of the potential project at $221,164. RECOMMENDATION: Receive and file, provide direction to staff and SiteLogIQ to bring the project presentation to the Planning Commission and RHCA Board before returning for a formal Public Hearing with the City Council. ATTACHMENTS: CL_AGN_231214_CC_SiteLogiQ_SolarBattery_Presentation.pdf 295 CL_AGN_231214_CC_SiteLogiQ_SolarBattery_ProgramProForma.pdf 296 City of Rolling Hills Renewable & Reliency February 28, 2023 City of Rolling Hills Resiliency & Energy Interdependency 297 Proprietary and ConfidentialProprietary and Confidential PROGRAM OBJECTIVES SCOPE OF WORK UTILITY SUMMARY PROGRAM FINANCIALS –OPTION 1 PROGRAM FINANCIALS –OPTION 2 (NO EV) PATHWAY TO IMPLEMENTATION 2298 Proprietary and Confidential PROGRAM OBJECTIVES 3 Safety: Back-up power, battery energy storage Resiliency: Withstand & rapidly recover from power outages Invest: Renewable Power Budget: Reduce SCE utility cost Future: EV Charging Network Community Awareness: Complement on-going initiatives Public Leadership: Ribbon cutting ceremony & awards 299 Proprietary and Confidential SCOPE OF WORK 4 City Campus •Solar Photovoltaic •Roof top Solar –27kW •Battery Energy Storage •Microgrid Controller •Electric Vehicle Charging •(1) Dual Port Level 2 300 Proprietary and Confidential UTILITY SUMMARY 0 5 10 15 20 25 Category 1 Utility Cost ($ x 1,000) Current Proposed 5 0 10 20 30 40 50 60 Category 1 Utility Usage (kWh x 1,000) Current Proposed Proposed is equal to today’s SCE rates 301 Proprietary and Confidential PROGRAM FINANCIALS –OPTION 1 6 Project Implementation Value $682,120 Year 1 SCE Utility Cost Savings $13,081 30-year Overall Electricity Cost Avoidance $869,097 Potential 10-year EV Charging Revenue $37,734 EV Utility Incentive $9,200 IRA –Investment Tax Credit (Direct Pay)$204,636 30-year Program Savings $1,142,066 Simple Payback 15.5 Years 302 Proprietary and Confidential PROGRAM FINANCIALS –OPTION 2 (NO EV) 7 Project Implementation Value $607,120 Year 1 SCE Utility Cost Savings $13,081 30-year Overall Electricity Cost Avoidance $869,097 IRA –Investment Tax Credit (Direct Pay)$182,136 30-year Program Savings $911,042 Simple Payback 13.5 Years 303 Proprietary and Confidential Planning Commission & RHCA Review City Council Meeting Public Hearing Contract Execution/ Notice to Proceed Groundbreaking Ceremony ROADMAP TO IMPLEMENTATION 8 November – December 2023 12/13/23 01/12/24 March 2024 304 Thank You Josh Steeber Local Government Relations Executive M 949.432.0689 E josh.steeber@sitelogiq.com Jonathan Brown Senior Director M 626.676.8601 E Jonathan.brown@sitelogiq.com 305 Proprietary & Confidential $682,120 $204,636 $9,200 Solar PV Rooftop $213,836 Energy Storage EV Charger System Utility Escalation:5.00% 2 3 4 5 Year Utility Cost Avoidance Facility Replacement Cost Savings Incentives, Grants & Rebates EV Charging Revenue Maintenance Services Energy Management Services Program Savings Cumulative Savings 1 $13,081 $204,636 $3,000 ($2,250)↓ optional ↓$218,467 - 2 $13,735 $9,200 $3,150 ($2,340)$23,745 $242,212 3 $14,422 $3,308 ($2,434)$15,296 $257,509 4 $15,143 $3,473 ($2,531)$16,085 $273,594 5 $15,900 $3,647 ($2,632)$16,915 $290,509 6 $16,695 $3,829 ($6,237)$14,287 $304,796 7 $17,530 $4,020 ($2,847)$18,703 $323,499 8 $18,407 $4,221 ($2,961)$19,667 $343,165 9 $19,327 $4,432 ($3,079)$20,680 $363,845 10 $20,293 $4,654 ($3,202)$21,745 $385,590 11 $21,308 $4,887 ($3,331)$22,864 $408,454 12 $22,373 $5,131 ($6,964)$20,540 $428,994 13 $23,492 $5,388 ($3,602)$25,278 $454,272 14 $24,666 $5,657 ($3,746)$26,577 $480,849 15 $25,900 $5,940 ($3,896)$27,944 $508,793 16 $27,195 $6,237 ($4,052)$29,380 $538,172 17 $28,555 $6,549 ($4,214)$30,889 $569,062 18 $29,982 $6,876 ($4,383)$32,475 $601,537 19 $31,481 $7,220 ($8,058)$30,643 $632,180 20 $33,055 $7,581 ($4,740)$35,896 $668,076 21 $34,708 $7,960 ($4,930)$37,738 $705,815 22 $36,444 $8,358 ($5,127)$39,674 $745,489 23 $38,266 $8,776 ($5,332)$41,709 $787,199 24 $40,179 $9,215 ($5,546)$43,848 $831,047 25 $42,188 $9,676 ($9,267)$42,597 $873,644 26 $44,297 $10,160 ($5,998)$48,459 $922,103 27 $46,512 $10,668 ($6,238)$50,942 $973,045 28 $48,838 $11,201 ($6,488)$53,551 $1,026,597 29 $51,280 $11,761 ($6,747)$56,294 $1,082,890 30 $53,844 $12,349 ($7,017)$59,176 $1,142,066 Totals $869,097 -$213,836 $199,324 ($140,191)-$1,142,066 - Notes By Column: (1)Fiscal year after project completion with an anticipated NTP in December 2023. (2)Utility Cost Avoidance - Utility cost escalated at 5% per year. (3)Facility Replacement Cost Savings. [PLACEHOLDER] (4)Incentives, Grants & Rebates: EV Charging Grants and SGIP (Self-Generation Incentive Program). (5)Revenue from EV Charging. Utility Cost to Revenue Charge difference of $0.12 per kWh. (6)Operation and Maintenance cost to maintain the Solar-PV systems. (7)Energy Management (MySiteIQ). [Optional] (8)Total Program Savings; sum of Columns (2) through (7). (9)Cumulative Savings. --D R A F T-- Financial Proforma Renewable Energy Resiliency Program November 13, 2023 Program Implementation Cost:Program Scope of Work: 918 Inflation Reduction Act Rebate (Year 1): Utility Incentive (Year 2): Program Savings & Contributions 6 7 Includes turn-key design, engineering, permitting, procurement, project/construction management, safety, and utility and site coordination, etc.:Additional Funding Sources 306 Proprietary & Confidential $607,120 $182,136 -Solar PV Rooftop $182,136 Energy Storage EV Charger System Utility Escalation:5.00% 2 3 4 5 Year Utility Cost Avoidance Facility Replacement Cost Savings Incentives, Grants & Rebates EV Charging Revenue Maintenance Services Energy Management Services Lease Payment Program Savings Cumulative Savings 1 $13,081 $182,136 ($2,250)↓ optional ↓$192,967 - 2 $13,735 ($2,340)$11,395 $204,362 3 $14,422 ($2,434)$11,988 $216,351 4 $15,143 ($2,531)$12,612 $228,963 5 $15,900 ($2,632)$13,268 $242,231 6 $16,695 ($6,237)$10,458 $252,689 7 $17,530 ($2,847)$14,683 $267,372 8 $18,407 ($2,961)$15,446 $282,817 9 $19,327 ($3,079)$16,248 $299,065 10 $20,293 ($3,202)$17,091 $316,156 11 $21,308 ($3,331)$17,977 $334,133 12 $22,373 ($6,964)$15,409 $349,542 13 $23,492 ($3,602)$19,890 $369,432 14 $24,666 ($3,746)$20,920 $390,352 15 $25,900 ($3,896)$22,004 $412,356 16 $27,195 ($4,052)$23,143 $435,498 17 $28,555 ($4,214)$24,340 $459,839 18 $29,982 ($4,383)$25,599 $485,438 19 $31,481 ($8,058)$23,423 $508,861 20 $33,055 ($4,740)$28,315 $537,176 21 $34,708 ($4,930)$29,778 $566,955 22 $36,444 ($5,127)$31,316 $598,271 23 $38,266 ($5,332)$32,933 $631,205 24 $40,179 ($5,546)$34,633 $665,838 25 $42,188 ($9,267)$32,921 $698,759 26 $44,297 ($5,998)$38,299 $737,058 27 $46,512 ($6,238)$40,274 $777,332 28 $48,838 ($6,488)$42,350 $819,683 29 $51,280 ($6,747)$44,533 $864,215 30 $53,844 ($7,017)$46,827 $911,042 Totals $869,097 -$182,136 $0 ($140,191)-$0 $911,042 - Notes By Column: (1)Fiscal year after project completion with an anticipated NTP in December 2023. (2)Utility Cost Avoidance - Utility cost escalated at 5% per year. (3)Facility Replacement Cost Savings. [PLACEHOLDER] (4)Incentives, Grants & Rebates: EV Charging Grants and SGIP (Self-Generation Incentive Program). (5)Revenue from EV Charging. Utility Cost to Revenue Charge difference of $0.12 per kWh. (6)Operation and Maintenance cost to maintain the Solar-PV systems. (7)Energy Management (MySiteIQ). [Optional] (8)Total Program Savings; sum of Columns (2) through (7). (9)Cumulative Savings. 9 108 Utility Incentive (Year 2): 1 Program Savings & Contributions 6 7 --D R A F T-- Financial Proforma Renewable Energy Resiliency Program November 13, 2023 Program Implementation Cost:Program Scope of Work: Includes turn-key design, engineering, permitting, procurement, project/construction management, safety, and utility and site coordination, etc.:Additional Funding Sources Inflation Reduction Act Rebate (Year 1): 307