CL_AGN_240311_CC_AgendaPacket_F1.CALL TO ORDER
2.ROLL CALL
3.PLEDGE OF ALLEGIANCE
4.PRESENTATIONS/PROCLAMATIONS/ANNOUNCEMENTS
4.A.MAYOR'S PRESENTATION OF CERTIFICATE RECOGNIZING CAPTAIN JAMES
C. POWERS FOR HIS 36 YEARS OF SERVICE TO THE LOS ANGELES
COUNTY SHERIFF'S DEPARTMENT
RECOMMENDATION: Present certificate.
5.APPROVE ORDER OF THE AGENDA
This is the appropriate time for the Mayor or Councilmembers to approve the agenda as is or reorder.
6.BLUE FOLDER ITEMS (SUPPLEMENTAL)
Blue folder (supplemental) items are additional back up materials to administrative reports, changes to the posted
agenda packet, and/or public comments received after the printing and distribution of the agenda packet for receive and
file.
7.PUBLIC COMMENT ON NON-AGENDA ITEMS
This is the appropriate time for members of the public to make comments regarding items not listed on this agenda.
Pursuant to the Brown Act, no action will take place on any items not on the agenda.
8.CONSENT CALENDAR
Business items, except those formally noticed for public hearing, or those pulled for discussion are assigned to the
Consent Calendar. The Mayor or any Councilmember may request that any Consent Calendar item(s) be removed,
discussed, and acted upon separately. Items removed from the Consent Calendar will be taken up under the "Excluded
Consent Calendar" section below. Those items remaining on the Consent Calendar will be approved in one motion. The
2 PORTUGUESE BEND ROAD
ROLLING HILLS, CA 90274
(310) 377-1521
AGENDA
Regular City Council Meeting
CITY COUNCIL
Monday, March 11, 2024
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. 1361 Next Ordinance No. 385
1
Mayor will call on anyone wishing to address the City Council on any Consent Calendar item on the agenda, which has
not been pulled by Councilmembers for discussion.
8.A.APPROVE AFFIDAVIT OF POSTING FOR THE CITY COUNCIL REGULAR
MEETING OF MARCH 11, 2024
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: FEBRUARY 26, 2024
REGULAR MEETING
RECOMMENDATION: Approve as presented.
8.D.PAYMENT OF BILLS
RECOMMENDATION: Approve as presented.
8.E.ADOPT RESOLUTION NO. 1359 AUTHORIZING A FISCAL YEAR 2023-2024
BUDGET MODIFICATION TO INCREASE APPROPRIATIONS BY $34,420.39 IN
THE GENERAL FUND OTHER LAW ENFORCEMENT EXPENSES ACCOUNT
FUNDED FROM AVAILABLE GENERAL FUND RESERVES FOR CONTINUED
FUNDING OF THE REGIONAL AUTOMATED LICENSE PLATE RECOGNITION
(ALPR) PROGRAM, ONE-TIME CAMERA REPLACEMENT PURCHASE,
INSTALLATION, AND ONGOING MAINTENANCE
RECOMMENDATION: Approve as presented.
8.F.ADOPT RESOLUTION NO. 1360 AUTHORIZING A FISCAL YEAR 2023-2024
BUDGET MODIFICATION TO INCREASE APPROPRIATIONS BY $658.21 IN
THE GENERAL FUND OTHER LAW ENFORCEMENT EXPENSES ACCOUNT
FUNDED FROM AVAILABLE GENERAL FUND RESERVES FOR THE LOMITA
STATION SHERIFF'S DEPARTMENT PURCHASE OF LIDAR/RADAR SPEED
DETECTION DEVICE EQUIPMENT FOR USE IN THE THREE REGIONAL
CONTRACT LAW PENINSULA CITIES
RECOMMENDATION: Approve as presented.
8.G.RECEIVE AND FILE THE ANNUAL PROGRESS REPORTS FOR THE GENERAL
PLAN.
RECOMMENDATION: Receive and file.
8.H.RECEIVE AND FILE THE ANNUAL PROGRESS REPORT FOR THE HOUSING
ELEMENT.
RECOMMENDATION: Receive and file.
CL_AGN_240311_CC_AffidavitofPosting.pdf
CL_MIN_240226_CC_F.pdf
CL_AGN_240311_CC_PaymentOfBills_E.pdf
ResolutionNo1359_ALPR_Program_BudgetAmendment_F_Redacted.pdf
ResolutionNo1360_LIDAR_RADAR_BudgetAmendment_F.pdf
PL_GPN_APR_2023_RollingHillsGeneralPlanAPR.pdf
PL_GPN_APR_2023_HCD_Announcement.pdf
2
9.EXCLUDED CONSENT CALENDAR ITEMS
10.COMMISSION ITEMS
11.PUBLIC HEARINGS
12.OLD BUSINESS
13.NEW BUSINESS
13.A.CONSIDERATION OF REQUEST FROM THE ROLLING HILLS COMMUNITY
ASSOCIATION TO APPROVE INSTALLATION OF A BACKUP NATURAL GAS
GENERATOR AT THE NORTHEAST CORNER OF THEIR BUILDING
RECOMMENDATION: Approve as presented.
13.B.RECEIVE AND FILE AN UPDATE FROM SITELOGIQ REGARDING THE SOLAR
PHOTOVOLTAIC DUAL-FUEL EMERGENCY GENERATOR 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.
14.MATTERS FROM THE CITY COUNCIL
14.A.RECEIVE A REPORT ON THE ACTION OF THE SOUTH BAY CITIES COUNCIL
OF GOVERNMENTS (SBCCOG) BOARD OF DIRECTORS REGARDING
MEMBERSHIP DUES AND PROVIDE DIRECTION TO STAFF
(COUNCILMEMBER DIERINGER)
RECOMMENDATION: Receive and file. Provide direction to staff.
14.B.DISCUSSION REGARDING AT&T'S APPLICATIONS TO THE CALIFONIA
PUBLIC UTILITIES COMMISSION REQUESTING REMOVAL OF OBLIGATION
TO PROVIDE TRADITIONAL LANDLINE PHONE SERVICE WITHIN THEIR
SERVICE TERRITORY AS CARRIER OF LAST RESORT AND REQUEST TO
GIVE UP ITS DESIGNATION AS AN ELIGIBLE TELECOMMUNICATIONS
CARRIER (COUNCILMEMBER DIERINGER)
RECOMMENDATION: Receive and file. Provide direction to staff.
PL_GPN_APR_2023_HousingElementAPR_F.pdf
Attachment A - CL_AGN_240311_CC_RHCA_GeneratorRequestLetter.pdf
Attachment B - CL_AGN_240311_CC_RHCA_LTGenerator_Proposal.pdf
Attachment C - CL_AGN_240311_CC_RHCA_Generator_Location.pdf
Attachment D - CL_AGN_240311_CC_RHCA_LTGenerator_Specs.pdf
CL_AGN_240311_CC_SiteLogiQ_DER_OptionsMatrix.pdf
CL_AGN_240224_CC_SBCCOG_NOI_Dues.pdf
CL_AGN_240125_CC_SBCCOG_FInanceCommRecs_Dues.pdf
CL_AGN_240311_CC_SBCCOG_Services_Estimates_RH.pdf
CL_AGN_240311_CC_SBCCOG_FY23-24_Mid-YearBudget.pdf
3
15.MATTERS FROM STAFF
15.A.CONSIDER AND AUTHORIZE THE CITY MANAGER TO EXECUTE AN
AMENDMENT TO A PROFESSIONAL SERVICE AGREEMENT WITH WILLDAN
ENGINEERING TO PROVIDE CIVIL ENGINEERING, CITY ENGINEERING, CITY
TRAFFIC ENGINEERING, BUILDING OFFICIAL AND GEOTECHNICAL
ENGINEERING SERVICES FOR THE CITY ON AN ON-CALL BASIS
RECOMMENDATION: Approve as presented.
16.RECESS TO CLOSED SESSION
16.A.CONFERENCE WITH LEGAL COUNSEL: ANTICIPATED LITIGATION -
(PARAGRAPH (2) OF SUBDIVISION (D) AND PARAGRAPH (2) OF SUBDIVISION
(E) OF GOVERNMENT CODE SECTION 54956.9) THE CITY FINDS, BASED ON
ADVICE FROM LEGAL COUNSEL, THAT DISCUSSION IN OPEN SESSION WILL
PREJUDICE THE CITY IN THE LITIGATION. SIGNIFICANT EXPOSURE TO
CIVIL LITIGATION (1 POTENTIAL CASE) - ALLEGED VIOLATIONS OF MS4
NPDES PERMIT
RECOMMENDATION: None.
16.B.CONFERENCE WITH LEGAL COUNSEL: ANTICIPATED LITIGATION -
(PARAGRAPH (2) OF SUBDIVISION (D) AND PARAGRAPH (2) OF SUBDIVISION
(E) OF GOVERNMENT CODE SECTION 54956.9) THE CITY FINDS, BASED ON
ADVICE FROM LEGAL COUNSEL, THAT DISCUSSION IN OPEN SESSION WILL
PREJUDICE THE CITY IN THE LITIGATION. SIGNIFICANT EXPOSURE TO
CIVIL LITIGATION (1 POTENTIAL CASE) – THREAT OF LITIGATION FROM
RESIDENTS IN AND AROUND THE FLYING TRIANGLE MADE TO CITY
OFFICIALS AND THE CITY MANAGER R EGARDING THE THREAT OF A
LANDSLIDE DUE TO INCREASED RAIN EVENTS AND WATER DRAINAGE IN
THE AREA.
RECOMMENDATION: None.
17.RECONVENE TO OPEN SESSION
18.ADJOURNMENT
Attachment A - CL_AGN_240311_CC_AT&T_COLR_SummaryOfPartyPositions.pdf
Attachment B - CL_AGN_240311_CC_AT&T_COLR_ETC_PPH_FactSheet.pdf
Attachment C - CL_AGN_240311_CC_AT&T_COLR_Map.pdf
Attachment D - CL_AGN_240311_CC_AT&T_CA_Modernization_Network_FAQs.pdf
Attachment E - CL_AGN_240311_CC_AT&T_CA_Modernization_Public Safety_FAQs.pdf
Attachment F - CL_AGN_240311_CC_PublicForumFlyer_ATT_A23.03-003.pdf
Attachment G - CL_AGN_240311_CC_HiddenHills_Letter.pdf
Willdan-Building Official Fully Executed_2008.pdf
Willdan Agr 1st Amedment_2010.pdf
Willdan Agr 2nd amendment_2012.pdf
Willdan Agr 3rd amendment_2015.pdf
Emails_Vanessa_Munoz.pdf
CL_AGN_240122_LARWQCB_DOM-OF-004_Toxics_EPL.pdf
CL_AGN_240122_LARWQCB_LariatNutrients_EPL.pdf
CL_AGN_240122_LARWQCB_RHE_CityHallNutrients_EPL.pdf
4
Next regular meeting: Monday, March 25, 2024, at 7:00 p.m. in the City Council Chamber,
Rolling Hills City Hall, 2 Portuguese Bend Road, Rolling Hills, California, 90274.
Notice:
Public Comment is welcome on any item prior to City Council action on the item.
Documents pertaining to an agenda item received after the posting of the agenda are available for review in
the City Clerk's office or at the meeting at which the item will be considered.
In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in
this meeting due to your disability, please contact the City Clerk at (310) 377-1521 at least 48 hours prior to the
meeting to enable the City to make reasonable arrangements to ensure accessibility and accommodation for
your review of this agenda and attendance at this meeting.
5
Agenda Item No.: 4.A
Mtg. Date: 03/11/2024
TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM:CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO
CITY MANAGER
THRU:KARINA BAÑALES, CITY MANAGER
SUBJECT:MAYOR'S PRESENTATION OF CERTIFICATE RECOGNIZING CAPTAIN
JAMES C. POWERS FOR HIS 36 YEARS OF SERVICE TO THE LOS
ANGELES COUNTY SHERIFF'S DEPARTMENT
DATE:March 11, 2024
BACKGROUND:
Captain James C. Powers will be retiring on March 31, 2024, after dedicating 36 years of
service to the Los Angeles County Sheriff's Department (LASD). He began his career with
LASD on August 24, 1988. Over the course of his early career, he worked numerous
assignments including in the Men's Central Jail and at the Lakewood Sheriff's Station as a
patrol deputy, field training officer, special assignment officer and detective.
In 2002, Captain Powers promoted to Sergeant and worked as a floor sergeant and watch
sergeant in the Men's Cental Jail, as a field supervisor and detective sergeant at the Norwalk
Sheriff's Station, and then at the LASD Training Bureau, Community Policing Institute-
California where he delivered training to law enforcement agencies.
In 2014 Captain Powers promoted to Lieutenant and again worked at the Lakewood Sheriff's
Station. In 2017, he transferred to the LASD Internal Affairs Bureau.
In 2019, he was promoted to Captain and assigned to the Lomita Sheriff's Station where he
helped bring stability, harmony and exceptional service to the City, Peninsula, Lomita and
unincorporated areas of San Pedro.
DISCUSSION:
None.
FISCAL IMPACT:
None.
RECOMMENDATION:
6
Present certificate.
ATTACHMENTS:
7
Agenda Item No.: 8.A
Mtg. Date: 03/11/2024
TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM:CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO
CITY MANAGER
THRU:KARINA BAÑALES, CITY MANAGER
SUBJECT:APPROVE AFFIDAVIT OF POSTING FOR THE CITY COUNCIL
REGULAR MEETING OF MARCH 11, 2024
DATE:March 11, 2024
BACKGROUND:
None.
DISCUSSION:
None.
FISCAL IMPACT:
None.
RECOMMENDATION:
Approve.
ATTACHMENTS:
CL_AGN_240311_CC_AffidavitofPosting.pdf
8
Administrative Report
8.A., File # 2218 Meeting Date: 3/11/2024
To: MAYOR & CITY COUNCIL
From: Christian Horvath, City Clerk
TITLE
APPROVE AFFIDAVIT OF POSTING FOR THE CITY COUNCIL ADJOURNED REGULAR MEETING OF
MARCH 11, 202 4
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 MARCH 11, 2024 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: March 8, 2024
9
Agenda Item No.: 8.B
Mtg. Date: 03/11/2024
TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM:CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO
CITY MANAGER
THRU:KARINA BAÑALES, CITY MANAGER
SUBJECT:APPROVE MOTION TO READ BY TITLE ONLY AND WAIVE FURTHER
READING OF ALL ORDINANCES AND RESOLUTIONS LISTED ON THE
AGENDA
DATE:March 11, 2024
BACKGROUND:
None.
DISCUSSION:
None.
FISCAL IMPACT:
None.
RECOMMENDATION:
Approve.
ATTACHMENTS:
10
Agenda Item No.: 8.C
Mtg. Date: 03/11/2024
TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM:CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO
CITY MANAGER
THRU:KARINA BAÑALES, CITY MANAGER
SUBJECT:APPROVE THE FOLLOWING CITY COUNCIL MINUTES: FEBRUARY
26, 2024 REGULAR MEETING
DATE:March 11, 2024
BACKGROUND:
None.
DISCUSSION:
None.
FISCAL IMPACT:
None.
RECOMMENDATION:
Approve as presented.
ATTACHMENTS:
CL_MIN_240226_CC_F.pdf
11
MINUTES – CITY COUNCIL MEETING
Monday, February 26, 2024
Page 1
Minutes
Rolling Hills City Council
Mon day, February 26, 202 4
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 Mirsch
presiding.
2. ROLL CALL
Councilmembers Present: Wilson, Dieringer, Mayor Mirsch
Councilmembers Absent: Black, Mayor Pro Tem Pieper
Staff Present: Karina Bañales, City Manager
Christian Horvath, City Clerk / Executive Assistant to the City Manager
John Signo, Planning & Community Services Director
Robert Samario, Finance Director
Pat Donegan, City Attorney
3. PLEDGE OF ALLEGIANCE – Councilmember Dieringer
4. PRESENTATIONS / PROCLAMATIONS / ANNOUNCEMENTS – NONE
5. APPROVE ORDER OF THE AGENDA
Motion by Councilmember Wilson, seconded by Councilmember Dieringer to approve order of the agenda .
Motion carried unanimously with the following vote:
AYES: Wilson, Dieringer, Mayor Mirsch
NOES: None
ABSENT: Black, Pieper
6. BLUE FOLDER ITEMS (SUPPLEMENTAL) – NONE
7. PUBLI C COMMENT ON NON-AGENDA ITEMS – NONE
8. CONSENT CALENDAR
8.A. APPROVE AFFIDAVIT OF POSTING FOR THE CITY COUNCIL REGULAR MEETING OF
FEBRUARY 26, 202 4
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: FEBRUARY 12, 2024 REGULAR
MEETING
8.D. PAYMENT OF BILLS
8.E. REPUBLIC SERVICES RECYCLING TONNAGE AND COMPLAINT REPORTS FOR JANUARY
2024
12
MINUTES – CITY COUNCIL MEETING
Monday, February 26, 2024
Page 2
8.F. ADOPT RESOLUTION NO. 1358 AUTHORIZING A FISCAL YEAR 2023 -2024 BUDGET
MODIFICATION TO INCREASE APPROPRIATIONS BY $12,500 IN THE GENERAL FUND
WILDLIFE MANAGEMENT AND PEST CONTROL ACCOUNT FUNDED FROM AVAILABLE
GENERAL FUND RESERVES FOR WILDLIFE SPECIALIST AND CONSULTANT SERVICE FOR
A SIX -MONTH TRIAL PERIOD
8.G. APPROVE FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH
4LEAF, INC. FOR A ONE-YEAR EXTENSION FOR CODE ENFORCEMENT SERVICES
Motion by Councilmember Wilson, seconded by Councilmember Dieringer to approve Consent Calendar.
Motion carried unanimously with the following vote:
AYES: Wilson, Dieringer, Mayor Mirsch
NOES: None
ABSENT: Black, Pieper
9. EXCLUDED CONSENT CALENDAR ITEMS – NONE
10. COMMISSION ITEMS – NONE
11. PUBLIC HEARINGS – NONE
12. OLD BUSINESS – NONE
13. NEW BUSINESS
13.A. FISCAL YEAR 2023/24 MID-YEAR REPORT FOR THE SIX MONTHS ENDED DECEMBER 31,
2023
Presentation by Finance Director Robert Samario
Motion by Councilmember Wilson, seconded by Councilmember Dieringer to receive and file. Motion carried
unanimously with the following vote:
AYES: Wilson, Dieringer, Mayor Mirsch
NOES: None
ABSENT: Black, Pieper
13.B. APPROVE FIRST AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING BETWEEN
THE FOUR PENINSULA CITIES AND VIGILANT SOLUTIONS FOR CONTINUED FUNDING OF
THE REGIONAL AUTOMATED LICENSE PLATE RECOGNITION (ALPR) PROGRAM, ONE -TIME
CAMERA REPLACEMENT PURCHASE, INSTALLATION, AND ONGOING MAINTENANCE
Presentation by City Clerk / Executive Assistant to the City Manager Christian Horvath
Motion by Councilmember Dieringer, seconded by Councilmember Wilson to approve and use funding from
reserves. Motion carried unanimously with the following vote:
AYES: Wilson, Dieringer, Mayor Mirsch
NOES: None
ABSENT: Black, Pieper
13
MINUTES – CITY COUNCIL MEETING
Monday, February 26, 2024
Page 3
13.C. CONSIDERATION AND POSSIBLE ACTION TO APPROVE THE LOMITA STATION SHERIFF'S
DEPARTMENT PURCHASE OF LIDAR/RADAR SPEED DETECTION DEVICE EQUIPMENT FOR
USE IN THE THREE REGIONAL CONTRACT LAW PENINSULA CITIES
Presentation by City Clerk / Executive Assistant to the City Manager Christian Horvath
Public Comment: Los Angeles Sheriff Department Deputy Darlene Lopez
Motion by Councilmember Wilson, seconded by Councilmember Dieringer to approve as presented and
direct staff to return with a budget amendment. Motion carried unanimously with the following vote:
AYES: Wilson, Dieringer, Mayor Mirsch
NOES: None
ABSENT: Black, Pieper
14. MATTERS FROM THE CITY COUNCIL
Councilmember Dieringer requested a future agenda item to discuss the recent South Bay Cities Council of
Governments vote regarding an intent to raise dues. She also requested that staff set a date in advance of
the 6-month trial period to discuss the potential of hiring Wildlife Specialist & Consultant on a permanent
basis. Her final request was to agendize a discussion specific to AT&T petition to the California Public Utilities
Commission regarding removal of their copper landlines.
15. MATTERS FROM STAFF
15.A. CONSIDERATION OF PARTICIPATING IN SECOND ANNUAL ARBOR DAY EVENT AT THE
CITY HALL CAMPUS ON APRIL 26, 2024
Presentation by City Clerk / Executive Assistant to the City Manager Christian Horvath
Motion by Councilmember Wilson, seconded by Councilmember Dieringer to receive and file. Motion carried
unanimously with the following vote:
AYES: Wilson, Dieringer, Mayor Mirsch
NOES: None
ABSENT: Black, Pieper
16. RECESS TO CLOSED SESSION – NONE
17. RECONVENE TO OPEN SESSION – NONE
18. ADJOURNMENT : 8:37 P.M.
The meeting was adjourned at 8:37 p.m on February 26, 2024. The next regular adjourned meeting of the
City Council is scheduled to be held on Mon day, March 11, 2024 beginning at 7:00 p.m. in the City Council
Chamber at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. It will also be available via City’s
website link at: https://www.rolling-hills.org/government/agenda/index.php
All written comments submitted are included in the record and available for public review on the City website.
14
MINUTES – CITY COUNCIL MEETING
Monday, February 26, 2024
Page 4
Respectfully submitted,
____________________________________
Christian Horvath, City Clerk
Approved,
____________________________________
Leah Mirsch, Mayor
15
Agenda Item No.: 8.D
Mtg. Date: 03/11/2024
TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM:CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO
CITY MANAGER
THRU:KARINA BAÑALES, CITY MANAGER
SUBJECT:PAYMENT OF BILLS
DATE:March 11, 2024
BACKGROUND:
None.
DISCUSSION:
None.
FISCAL IMPACT:
None.
RECOMMENDATION:
Approve as presented.
ATTACHMENTS:
CL_AGN_240311_CC_PaymentOfBills_E.pdf
16
Check Run 03/06/2024
Check No.Check Date Payee Description Amount
028518 3/6/2024 Alan Palermo Consulting Feb 2024 Services-ADA Design,Outdoor Siren,Tennis
C C
2,310.00
028519 3/6/2024 Bennett Landscape Landscape Maintenance Service-March 2024 1,139.67
028520 3/6/2024 Christian Horvath C. Horvath Mile/Cost Exp Reimburse 12-07-23 to 02-22-139.73
028521 3/6/2024 Civicplus 2024 Municode Annual Subscription 1,518.00
028522 3/6/2024 Cox Communications Phone Service Feb 26 - Mar 25, 2024 172.37
028523 3/6/2024 Southern California News Group Public Hearing Notices for 4Spur-2Possum-29Eastfield 874.62
028524 3/6/2024 County of Los Angeles January 2024 Animal Care Housing Costs 536.11
028525 3/6/2024 County of Los Angeles Building Services for December 2023 8,325.65
028526 3/6/2024 LA County Sheriff's Department January 2024 Law Enforcement Services 33,732.05
028526 3/6/2024 LA County Sheriff's Department January 2024 LMT Supp. Traffic Enforcement 641.22
CHECK TOTAL $ 34,373.27
028527 3/6/2024 McGowan Consulting Municipal Stormwater Consulting Services Sept. 2023 6,573.30
028527 3/6/2024 McGowan Consulting Municipal Stormwater Consulting Services January 4,473.40
CHECK TOTAL $ 11,046.70
028528 3/6/2024 NV5, INC.December 2023 Services- CORH-22-11241 Sewer 2,140.00
028529 3/6/2024 Orkin February 2024 Monthly Pest Control 172.99
028530 3/6/2024 Palos Verdes Security Sys, Inc.CCTV Lease for Jan 2024/Valley Alarm Q-1 2024 360.00
028531 3/6/2024 Palos Verdes Peninsula Unified
S
School Security Reimbursement 06/30/23 thru 09/28/23 532.60
028532 3/6/2024 PVS, Inc.PV Security March 2024 168.00
028533 3/6/2024 Race Communications Race Communications Fiber March 2024 1,020.00
028534 3/6/2024 City of Rolling Hills Estates RHE-2023 Prepared Peninsula Expo Shared Costs 425.88
028535 3/6/2024 Safeguard Business Systems Accounts Payable Check Re-order 344.83
028536 3/6/2024 Willdan Inc.January 2024 Traffic Engineering Services 116.25
ACH-480 1/23/2024 CalPERS PERS Retirement Payroll P/E 01-23-24 3,065.82
ACH-481 2/6/2024 CalPERS PERS Retirement Payroll P/E 02-06-24 3,065.82
ACH-482 3/1/2024 Delta Dental March 2024 Dental Insurance 150.55
ACH-483 3/1/2024 Forum Info-Tech. Inc./Levelcloud March 2024 Monthly IT Cloud Service 5,383.17
ACH-484 3/1/2024 Nextiva Business Phone Service for March 2024 293.79
CITY OF ROLLING HILLS
AP24-013, ACH24-017
17
ACH-485 3/6/2024 Robert Half Temp Admin Staff P/E 02-23-24 1,094.08
ACH-486 3/6/2024 Robert Half Temp Admin Staff P/E 03/01/24 1,094.08
ACH-487 3/1/2024 Standard Insurance Company March 2024 Life Insurance Premium 186.88
ACH-488 2/23/2024 Vantagepoint Transfer Agents - Deferred Comp Contributions P/E 02-20-24 1,693.58
ACH-489 2/9/2024 Vantagepoint Transfer Agents - Deferred Comp Contributions P/E 02-06-24 1,693.58
ACH-490 3/1/2024 Vision Service Plan - (CA)March 2024 Vision Plan 128.52
PR LINK 2/23/2024 PR LINK - Payroll & PR Taxes PR#4 Payroll Processing Fee PR#4_02/07/24 - 02/20/24 60.02
PR LINK 2/23/2024 PR LINK - Payroll & PR Taxes PR#4 Pay Period PR#4_02/07/24 - 02/20/24 17,509.65
REPORT TOTAL 101,136.21
101,136.21$ for the payment of above items.
Karina Banales, City Manager
I, Karina Banales, City Manager of Rolling Hills, California certify that the above demands are accurate and
there is available in the General Fund a balance of
18
Agenda Item No.: 8.E
Mtg. Date: 03/11/2024
TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM:CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO
CITY MANAGER
THRU:KARINA BAÑALES, CITY MANAGER
SUBJECT:ADOPT RESOLUTION NO. 1359 AUTHORIZING A FISCAL YEAR 2023-
2024 BUDGET MODIFICATION TO INCREASE APPROPRIATIONS BY
$34,420.39 IN THE GENERAL FUND OTHER LAW ENFORCEMENT
EXPENSES ACCOUNT FUNDED FROM AVAILABLE GENERAL FUND
RESERVES FOR CONTINUED FUNDING OF THE REGIONAL
AUTOMATED LICENSE PLATE RECOGNITION (ALPR) PROGRAM,
ONE-TIME CAMERA REPLACEMENT PURCHASE, INSTALLATION,
AND ONGOING MAINTENANCE
DATE:March 11, 2024
BACKGROUND:
The Peninsula Public Safety Committee (PPSC) oversees regional emergency preparedness
and public safety efforts, which also includes cross-jurisdictional collaboration with the Palos
Verdes Peninsula (PVP) cities and law enforcement (Los Angeles County Sheriff’s
Department and Palos Verdes Estates Police Department).
The Regional Automated License Plate Recognition (ALPR) Camera System was initially
discussed in early 2016 at the Regional Contract Law Committee, which is comprised of the
three cities on the PVP: Rancho Palos Verdes, Rolling Hills, and Rolling Hills Estates that
contract public safety services with the Los Angeles County Sheriff’s Department. At that time,
it was recommended that the City of Palos Verdes Estates be included in the Peninsula's joint
effort against crime by establishing a regional ALPR camera system.
ALPR is a technology that allows a camera to scan numerous vehicle license plates quickly in
an objective manner and compares the plate information against law enforcement databases
containing vehicles of interest such as stolen vehicles, Amber Alerts, missing persons, felon
vehicles, and more. Law enforcement is immediately notified if there is a match, which leads
to more arrests and efficiency in the deployment of deputies. All captured license plate data
enters a searchable database, which is advantageous for law enforcement as an integral
investigation tool. Additionally, the ALPR technology is used by numerous South Bay law
enforcement agencies and has interoperability advantages that extend throughout the county,
19
state, and country.
At the Regional Contract Law Committee’s February 11 and May 12, 2016 meetings, the
strategic locations for camera placement were approved by the Committee. The selected
locations are key ingress and egress points throughout the PVP that cover highly trafficked
intersections. Within the determination of camera placement, a cost-sharing formula was also
developed to fund the joint project, and ultimately, a Memorandum of Understanding (MOU)
was taken to respective PVP city councils for approval in June 2016. The cost-sharing formula
is based on the city population, number of dwelling units, and area square footage. The
regional project also included one-time infrastructure costs as some areas lacked suitable
infrastructure, such as traffic signal light fixtures where ALPR cameras are typically installed.
One-time infrastructure costs were also included in the 2016 regional project as some areas
lacked suitable infrastructure, such as traffic signal light fixtures where ALPR cameras are
typically installed. There is an ongoing, annual shared cost related to the camera system,
which supports cellular connectivity required to share data and alerts to law enforcement.
The ALPR (and School Resource Officer) cost sharing formula for the four Peninsula cities is
based on population, number of dwelling units and area in square miles, as provided for in the
MOU.
On June 13, 2016, the City Council approved the MOU and installation of cameras.
The current regional camera system has been in place for approximately seven years. Los
Angeles County Sheriff’s Department and Palos Verdes Estates Police Department have
identified failing regional ALPR camera equipment among the established networks. The
purchase of the ALPR cameras through vendor Vigilant Solutions provided a five-year
warranty, which expired in 2021. The cameras are now out of warranty, past their useful life,
and need replacement.
On February 1, 2024, the Peninsula Public Safety Committee unanimously approved moving
forward with a first amendment to the MOU for the continuation of the ALPR program,
including the one-time costs for camera replacement/ongoing maintenance and direction to
send to the individual cities for approval with the addition of a favored nations clause.
Cost Allocation Formula
Member Percentage Amount
City of Palos
Verdes Estates 20%$98,343.98
City of Rancho
Palos Verdes 60%$295,031.93
City of Rolling Hills 7%$34,420.39
City of Rolling Hills
Estates 13%$63,923.58
Total 100%$491,719.88
On February 26, 2024, the City Council approved the first amendment to the MOU and
directed staff to return with a budget amendment.
20
DISCUSSION:
None.
FISCAL IMPACT:
The allocated budget in FY23/24 for Other Law Enforcement Expenses is not sufficient to
cover the additional $34,420.39 for the City of Rolling Hills contribution to the ALPR purchase,
which will be funded from available General Fund Reserves. The use of General Fund
Reserves is consistent with City policy.
RECOMMENDATION:
Approve as presented.
ATTACHMENTS:
ResolutionNo1359_ALPR_Program_BudgetAmendment_F_Redacted.pdf
21
RESOLUTION NO. 1359
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ROLLING HILLS, CALIFORNIA
AUTHORIZING A FISCAL YEAR 2023-2024
BUDGET MODIFICATION TO INCREASE
APPROPRIATIONS BY $34,420.39 IN THE
GENERAL FUND OTHER LAW ENFORCEMENT
EXPENSES ACCOUNT FUNDED FROM
AVAILABLE GENERAL FUND RESERVES FOR
CONTINUED FUNDING OF THE REGIONAL
AUTOMATED LICENSE PLATE RECOGNITION
(ALPR) PROGRAM, ONE-TIME CAMERA
REPLACEMENT PURCHASE, INSTALLATION,
AND ONGOING MAINTENANCE
THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA,
DOES HEREBY RESOLVE, DECLARE, DETERMINE, AND ORDER AS
FOLLOWS:
Section 1. Recitals.
A. It is the intention of the City Council of the City of Rolling Hills to
review the adopted budget from time to time.
B. On February 26, 2024, the City Council received a presentation
from staff regarding the need for a one-time replacement purchase and
installation of cameras for the Peninsula cities Automated License Plate
Recognition Program as well as ongoing maintenance costs.
C. The Automated License Plate Recognition Program is documented
in an MOU (attached hereto as Exhibit A) with the City of Rolling Hills, City of
Palos Verdes Estates, City of Rancho Palos Verdes, and the City of Rolling Hills
Estates, which among other things posits a cost share program with the City of
Rolling Hills being responsible for 7% of the cost.
D. The total cost of the replacement, installation and ongoing
maintenance for the ALPR cameras was quoted by the vendor at $491,719.88 –
with the City of Rolling Hills’ cost share being $34,420.39.
E. The City desires to appropriate an additional thirty-four thousand,
four hundred and twenty dollars and thirty-nine cents ($34,420.39) for the City’s
share of the Automated License Plate Recognition Program.
Section 2. The sum of thirty four thousand, four hundred and twenty
dollars and thirty-nine cents ($34,420.39) is hereby appropriated in the General
22
Fund Other Law Enforcement Expenses Account from a transfer of General Fund
for the City’s share of the Automated License Plate Recognition Program.
Section 3. This Resolution shall take effect immediately upon its
adoption by the City Council, and the City Clerk shall certify to the passage and
adoption of this Resolution and enter it into the book or original resolutions.
PASSED, APPROVED, AND ADOPTED this 11th day of March, 2024
______________________________
LEAH MIRSCH
MAYOR
ATTEST:
___________________________
CHRISTIAN HORVATH
CITY CLERK
23
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS )
The foregoing Resolution No. 1359 entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ROLLING HILLS, CALIFORNIA
AUTHORIZING A FISCAL YEAR 2023-2024
BUDGET MODIFICATION TO INCREASE
APPROPRIATIONS BY $34,420.39 IN THE
GENERAL FUND OTHER LAW ENFORCEMENT
EXPENSES ACCOUNT FUNDED FROM
AVAILABLE GENERAL FUND RESERVES FOR
CONTINUED FUNDING OF THE REGIONAL
AUTOMATED LICENSE PLATE RECOGNITION
(ALPR) PROGRAM, ONE-TIME CAMERA
REPLACEMENT PURCHASE, INSTALLATION,
AND ONGOING MAINTENANCE
was approved and adopted at a regular meeting of the City Council on the 11th
day of March 2024, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
24
EXHIBIT A
25
FIRST AMENDMENT TO MEMORANDUM OF
UNDERSTANDING
BETWEEN THE CITIES OF
PALOS VERDES ESTATES, RANCHO PALOS VERDES,
ROLLING HILLS, AND ROLLING HILLS ESTATES
RELATING TO PLACEMENT AND MAINTENANCE
OF AUTOMATED LICENSE PLATE RECOGNITION
CAMERAS AROUND THE PALOS VERDES PENINSULA
THIS FIRST AMENDMENT TO MEMORANDUM OF UNDERSTANDING (“First
Amendment”) is made this 13 day of February 2024, between the CITY OF PALOS
VERDES ESTATES, a municipal corporation (“Palos Verdes Estates”), the CITY OF
RANCHO PALOS VERDES, a municipal corporation (“Rancho Palos Verdes” or “Lead
Agency”), the CITY OF ROLLING HILLS, a municipal corporation (“Rolling Hills”), and
the CITY OF ROLLING HILLS ESTATES, a municipal corporation (“Rolling Hills
Estates”). Each of the foregoing is sometimes referred to herein as “Member”, or collectively
as “Members.”
RECITALS
A.The Members entered into a Memorandum of Understanding dated June 21, 2016, whereby
the Members agreed to enter into a contact with an Automated License Plate Recognition
(“ALPR”) service provider to purchase, install, and maintain cameras at various entry-
points to the Palos Verdes Peninsula with the data being processed through the Los Angeles
County Sheriff’s Department which is the contract law enforcement agency with three of
the four cities, Palos Verdes Estates having its own department increasing public safety (the
“MOU”). Unless otherwise defined in this First Amendment, all initially capitalized terms
have the meaning defined in the MOU.
B.The Members desire to enter into this First Amendment to the MOU for the purpose of
replacing the existing System that is out of warranty with new ALPR cameras and other
new equipment.
AGREEMENT
NOW, THEREFORE, the Members agree as follows:
1.Amendment to Section 5(a). Section 5(a) of the MOU is amended and restated as
follows:
(a)Payment. To pay to the Lead Agency (City of Rancho Palos Verdes) their
proportional share of the revised costs of the ALPR Contract as shown in Exhibit A of
this First Amendment and any other costs authorized under the MOU to purchase,
install and operate the upgraded System. The cost estimates presented in Exhibit A
have been agreed upon by the Members and are subject to changes in the actual cost
of the ALPR Contract. Each Member is required to pay for its own costs, including
any charged by the APLR Contractor under a separate agreement with the Contractor.
The percentages to be paid by each Member under the Cost Allocation Formula (the
“Formula”) are as follows:
DocuSign Envelope ID: BD4462F9-9B39-4B9D-91CD-9A54DB90B444
26
COST ALLOCATION FORMULA
(“FORMULA”)
Member Percentage
City of Palos Verdes Estates 20%
City of Rancho Palos Verdes 60%
City of Rolling Hills 7%
City of Rolling Hills Estates 13%
2. Amendments to Exhibits B and C. Exhibits B and C of the MOU are hereby amended
and replaced by the attached Exhibits B and C of this First Amendment.
3. Ratification of MOU as Amended. Except as amended under Sections 1 and 2 above,
the remainder of the terms of the MOU will remain the same and are hereby ratified by the
Members.
IN WITNESS WHEREOF, each of the Members hereto have caused this First
Amendment to be executed and attested by its duly authorized officers as of the dates set forth
below.
[SIGNATURE PAGES FOLLOW]
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DocuSign Envelope ID: BD4462F9-9B39-4B9D-91CD-9A54DB90B444
3/1/2024 MayorJohn Cruikshank, Mayor
Elena Q. Gerli3/1/2024
City Attorney
28
DocuSign Envelope ID: BD4462F9-9B39-4B9D-91CD-9A54DB90B444
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2-15-24Donald M. Davis, City AttorneyDocuSign Envelope ID: BD4462F9-9B39-4B9D-91CD-9A54DB90B44430
DocuSign Envelope ID: BD4462F9-9B39-4B9D-91CD-9A54DB90B444
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EXHIBIT A - DIVISION OF COSTS
Total Project Cost (Purchase and Installation)
Camera/Equipment Cost $403,749.68
Installation Cost $71,000.00
Total Cost $ 474,749.68
City Based on Dwelling Units,
Population and Land Area
(rounded)
Purchase and Installation
Cost (Vigilant Solutions)
PVE 20% $ 94,950.00
RPV
RH
RHE
60%
7%
13%
$284,850
$33,232
$61,717
100% $ 474,749.68
*The City of Rolling Hills Estates annual ongoing cost related to cellular data for camera connectivity is approximately $2,500.
DocuSign Envelope ID: BD4462F9-9B39-4B9D-91CD-9A54DB90B444
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EXHIBIT B - MAP
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EXHIBIT C -
CITY ADDRESSES
Elaine Jeng, City Manager
City of Palos Verdes Estates
340 Palos Verdes Drive West
Palos Verdes Estates, CA 90274
(310) 378-0383
Fax: (310) 378-7820
Karina Banales, City Manager
City of Rolling Hills
2 Portuguese Bend Road Rolling Hills, CA 90274
(310) 377-1521
Greg Grammer, City Manager
City of Rolling Hills Estates
4045 Palos Verdes Drive North Rolling Hills Estates, CA 90274
(310) 377-1577
Fax: (310) 377-4468
Ara Mihranian, City Manager
City of Rancho Palos Verdes
30940 Hawthorne Boulevard
Rancho Palos Verdes, CA 90275
(310) 544-5203
Fax: (310) 544-5293
DocuSign Envelope ID: BD4462F9-9B39-4B9D-91CD-9A54DB90B444
34
Vigilant Solutions, LLC
P.O Box 841001
Dallas, Texas 75202
(P) 925-398-2079 (F) 925-398-2113
Issued To: City Of Rancho Palos Verdes - Attention: Shauna Hunter Date: 02-23-24
Project Name: Palos Verdes Peninsula LPR Upgrade (Purchase) - City of Rancho Palos
Verdes
Quote ID: LQW-0873-05
Hardware
Qty Item # Description
(29) VSF-025-L5F
More Info
L5F Fixed LPR Camera with Sun Shield - 25mm Lens with Camera Cable
● Dual-lens camera with infrared LEDs for plate illumination
● 55ft - 85ft capture distance and up to 2 lane coverage
● Internal trigger for capture of plate alphanumerics, vehicle make and model
● Camera housing with included sunshield is IP67 rated for reliable use in varied weather
conditions
● 60' camera cable included
● Includes CarDetector LPR software for local server hosting
● LPR vehicle license plate scanning / real time alerting
o Full suite of LPR tools including data analytics
Subtotal Price List Price: $7,794.00 Sell Price: $6,236.00 Amount: $180,844.00
(1) VSF-035-L5F
More Info
L5F Fixed LPR Camera with Sun Shield - 35mm Lens with Camera Cable
● Dual-lens camera with infrared LEDs for plate illumination
● 85ft - 105ft capture distance and up to 2 lane coverage
● Internal trigger for capture of plate alphanumerics, vehicle make and model
● Camera housing with included sunshield is IP67 rated for reliable use in varied weather
conditions
● 60' camera cable included
● Includes CarDetector LPR software for local server hosting
● LPR vehicle license plate scanning / real time alerting
o Full suite of LPR tools including data analytics
Subtotal Price List Price: $7,794.00 Sell Price: $6,236.00 Amount: $6,236.00
(30) VS-FX-UNI-POLE-
WALL-ASSY
Fixed LPR Camera Bracket
● Pole or Wall Mount - UPR ARM ASSY POLE & WALL MOUNT BLK REV B
Subtotal Price List Price: $420.00 Sell Price: $350.00 Amount: $10,500.00
Page 1 of 6
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35
(12) BCAV1F2-C600 Vigilant Fixed Camera Communications Box
● Linux Comms Box using VLP5200
● Manages power and communications for up to four (4) Vigilant fixed LPR cameras
● Includes modem for communication with cellular carriers
o SIM Card not included
Subtotal Price List Price: $3,954.00 Sell Price: $3,163.00 Amount: $37,956.00
(9) VSF-L6Q-P-KIT
More Info
L6Q Quick Deploy Camera (120V AC)
Offer Includes:
● One (1) L6Q camera with two internal batteries, 120VAC Power Supply
● Camera mounting bracket
● USB-C cable and USB-C to USB-A adapter, Micro SD card
● Requirements:
o Hosted LPR account for data storage, alerting, analytics and more
o Enterprise Service Agreement
Optional, Sold Separately:
● 12V DC pigtail cable
● Excludes Cellular Data Service
Subtotal Price List Price: $7,254.00 Sell Price: $5,803.00 Amount: $52,227.00
(9) VS-L6Q-120VAC L6Q 120V AC External power supply
● 15FT 120V AC power supply for L6Q camera system
● This may be used in locations that have a 120V AC power source (3 prong grounded
power outlet)
Subtotal Price List Price: $186.00 Sell Price: $149.00 Amount: $1,341.00
Extended Warranty
5 Year Coverage
Qty Item # Description
(30) CDFS-4HWW Fixed Camera LPR System - Extended Hardware Warranty - 4 Additional Years
● Fixed LPR System LPR hardware component replacement warranty
● Applies to 1-Channel hardware system kit
● Valid for 4 years from standard warranty expiration
Subtotal Price List Price: $2,520.00 Sell Price: $2,016.00 Amount: $60,480.00
(9) CDFS-L6Q-HWW-04 Fixed L6Q Camera System - Extended Hardware Warranty - 4 Additional Years
● Fixed L6Q Camera System Extended Hardware Warranty
● Four (4) Additional Years
Subtotal Price List Price: $2,016.00 Sell Price: $1,612.00 Amount: $14,508.00
Page 2 of 6
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Camera Licensing & Data Hosting - 5 Year Service
(30) L5F Camera Base CLK @ $250.00ea = $7,500.00 per year
(30) L5F Camera Standard CLK @ $115.00ea = $3,450.00 per year
(9) L6Q Camera CLK @ $240.00ea = $2,160.00 per year
Qty Item # Description
(5) VSBSCSVC-04 Vigilant LPR Basic Service Package for Hosted/Managed LPR Deployments
● Managed/hosted server account services by Vigilant
o Includes access to all LEARN or Client Portal and CarDetector software updates
● Priced per camera per year for over 60 total camera units
● Requires new/existing Enterprise Service Agreement (ESA)
Subtotal Price List Price: $330.00 Sell Price: $7,500.00 Amount: $37,500.00
(5) VSPK1SVC-04 Vigilant LPR Standard Service Package for Hosted/Managed LPR Deployments
● Optional Service Package Benefits
o CarDetector Mobile Hit Hunter
o Unlimited access to Vigilant's Mobile Companion LPR application for
Smartphones
● Priced per camera per year for over 60 total camera units
o Requires Basic Service Package
Subtotal Price List Price: $138.00 Sell Price: $3,450.00 Amount: $17,250.00
(5) VSBSCSVC-L6Q Vigilant L6Q Service Package for Hosted/Managed LPR Deployments
● Vigilant L6Q Service Package for Hosted/Managed LPR Deployments
Subtotal Price List Price: $300.00 Sell Price: $2,160.00 Amount: $10,800.00
Technical Service
Start Up Service
Qty Item # Description
(1) VS-INSTALL Removal of old hardware and installation of (30) L5F cameras w/ COMS boxes
and (9) L6Q cameras.
● Includes bucket truck.
● Includes two technicians @ prevailing wage.
● Includes Vigilant camera commissioning for all cameras.
● Constant 120v power must be available at each location.
● Engineered traffic control plans are not included.
Subtotal Price List Price: $0.00 Sell Price: $71,000.00 Amount: $71,000.00
Hardware Upgrade Credit
Qty Item # Description
(30) Upgrade Credit Hardware Upgrade Credit from RSD to L5F.
Subtotal Price List Price: $0.00 Sell Price: -$1,300.00 Amount: -$39,000.00
Page 3 of 6
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Delivery
Qty Item # Description
(39) VS-SHP-02 Vigilant Shipping Charges - Fixed or Comms
● Applies to each fixed camera LPR System
● Or Communication Box Purchased without LPR System
● Shipping Method is FOB Shipping
Subtotal Price List Price: $84.00 Sell Price: $67.00 Amount: $2,613.00
Quote Notes:
1. This Quote will expire in 90 Days from the date of the Quote.
2. Customer shall be responsible for obtaining all necessary permits and engineering drawings, if necessary. Motorola may
obtain permits/drawing if mutually agreed upon in writing, at additional cost to the Customer.
3. Compliance to local codes neither guaranteed nor implied. Customer represents and warrants that they have all necessary
rights and permissions to the areas where the installation services are provided.
4. This Quote is provided per our conversation & details given by you - not in accordance to any written specification.
5. This Quote does not include anything outside the above stated bill of materials.
6. This purchase does not include a SIM for cellular service
7. MSI's Master Customer Agreement: https://www.motorolasolutions.com/en_us/about/legal.html (and all applicable
addenda) shall govern the products & services and is incorporated herein by this reference. Any free services provided
under this offer are provided AS IS with no express or implied warranty
8. LASD CLK Pricing.
9. Hardware installation is included. Customer to provide delivery and staging facility and assist with device pre -
configuration, if needed.
10. Customer to provide cellular data SIMs for (14) COMS boxes and (9) L6Q cameras. Verizon, AT&T, FirstNet only.
Recomend unlimited data plans wiout data throttling & STATIC IP addresses.
11. New COMS boxes & modems at "Eastfield Dr Gate" & Crest Rd Gate" to be used in this project.
12. Data syncronization to mirror existing LEARN configuration for PVE and LASD.
Quoted by: Louis Wershaw - 209-283-0990 - louis.wershaw@motorolasolutions.com
Subtotal Price $503,255.00
Total Discount $39,000.00
Sales Tax $27,464.88
Total Price $491,719.88
Page 4 of 6
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Vigilant Solutions LLC
Louis Wershaw
Date _______________
Re: LQW-0873-05
Agency: City Of Rancho Palos Verdes
Total Cost: $464,255.00
Contract Reference: Palos Verdes Peninsula LPR Upgrade (Purchase) - City of Rancho Palos Verdes
Please be advised that the City Of Rancho Palos Verdes will purchase the goods and/or services offered in your
Quote LQW-0873-05. This constitutes a purchase pursuant to the terms of the specified contract below, including
any applicable addenda.
Specified Contract: Master Customer Agreement and attached addenda, signed concurrently herewith.
Agency affirms that a purchase order or notice to proceed is not required for contract performance or for
subsequent years of service, and acknowledges that pursuant to ___________________________ , the funds
for this purchase has been authorized. Customer agrees to appropriate funding in accordance with the contract.
Invoices shall be according to the milestone schedule included in the quote and services agreement, should
reference ‘LQW-0873-05’ and be sent to:
City Of Rancho Palos Verdes
Attn: ________________________
____________________________
____________________________
The equipment will be shipped to the customer at the following address, and the ultimate destination where the
equipment will be delivered to the customer is:
City Of Rancho Palos Verdes
Attn: ________________________
____________________________
____________________________
Sincerely,
Signature: _______________________________________
Name: _______________________________________
Title: _______________________________________
Email: _______________________________________
Page 5 of 6
30940 Hawthorne Blvd.
john.cruikshank@rpvca.gov
Rancho Palos Verdes, CA 90275
Public Safety Division
John Cruikshank
Mayor
Delivery will be coordinated with
LASD and installed at approved
locations per agreement.
DocuSign Envelope ID: BD4462F9-9B39-4B9D-91CD-9A54DB90B444
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Contract Terms Acknowledgment
This Contract Terms Acknowledgment (this “Acknowledgment”) is entered into between Vigilant Solutions,
LLC, a Delaware corporation (“Vigilant”) and the entity set forth in the signature block below (“Customer”).
Vigilant and Customer will each be referred to herein as a “Party” and collectively as the “Parties”.
1. Contract Terms Acknowledgment. Customer acknowledges that they have received Statements of
Work that describe the services provided on this Agreement. Parties acknowledge and agree that the terms of
the Master Customer Agreement (“MCA”), including all applicable Addenda, shall apply to the Services set forth
in the accompanying Ordering Document. Vigilant's Terms and Conditions, available at
https://www.motorolasolutions.com/en_us/about/legal.html, including the Master Customer Agreement, is
incorporated herein by this reference. By signing the signature block below, Customer certifies that it has read
and agrees to the provisions set forth in this Acknowledgment and the signatory to this Acknowledgment
represents and warrants that he or she has the requisite authority to bind Customer to this Acknowledgment.
2. Entire Agreement. This Acknowledgment, including the accompanying Ordering Document,
supplements the terms of the MCA, applicable Addenda, and Ordering Documents entered between the Parties
and forms a part of the Parties’ Agreement.
3. Disputes; Governing Law. Sections 12 – Disputes of the MCA is hereby incorporated into this
Acknowledgment mutatis mutandis.
4. Execution and Amendments. This Acknowledgment may be executed in multiple counterparts and will
have the same legal force and effect as if the Parties had executed it as a single document. The Parties may
sign in writing or by electronic signature. An electronic signature, facsimile copy, or computer image of a
signature will be treated, and will have the same effect as an original signature, and will have the same effect,
as an original signed copy of this document. This Acknowledgment may be amended or modified only by a
written instrument signed by authorized representatives of both Parties.
The Parties hereby enter into this Acknowledgment as of the last signature date below.
Signature: _______________________________________
Name: _______________________________________
Title: _______________________________________
Email: _______________________________________
Page 6 of 6
DocuSign Envelope ID: BD4462F9-9B39-4B9D-91CD-9A54DB90B444
Mayor
John.Cruikshank@rpvca.gov
John Cruikshank, Mayor
40
Agenda Item No.: 8.F
Mtg. Date: 03/11/2024
TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM:CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO
CITY MANAGER
THRU:KARINA BAÑALES, CITY MANAGER
SUBJECT:ADOPT RESOLUTION NO. 1360 AUTHORIZING A FISCAL YEAR 2023-
2024 BUDGET MODIFICATION TO INCREASE APPROPRIATIONS BY
$658.21 IN THE GENERAL FUND OTHER LAW ENFORCEMENT
EXPENSES ACCOUNT FUNDED FROM AVAILABLE GENERAL FUND
RESERVES FOR THE LOMITA STATION SHERIFF'S DEPARTMENT
PURCHASE OF LIDAR/RADAR SPEED DETECTION DEVICE
EQUIPMENT FOR USE IN THE THREE REGIONAL CONTRACT LAW
PENINSULA CITIES
DATE:March 11, 2024
BACKGROUND:
On May 11, 2023, Los Angeles Sheriff's Department's (LASD) Lt. Michael White submitted a
supplemental equipment purchase request dated April 19, 2023 (Attachment A), at the
Regional Contract Law Committee (RCLC) meeting. The recommended supplemental
equipment purchase is an upgraded system utilizing modern technology video recording in
addition to LIDAR/RADAR that keeps deputies in the field and provides evidence to better
secure convictions. Lt. White also provided a quote from the vendor Kustom Signals, Inc., with
product specifics and pricing.
On November 9, 2023, the supplemental equipment request was brought back for review by
the RCLC and possible action to purchase LIDAR/RADAR equipment in accordance with the
RCLC Purchasing Policy for Supplemental Sheriff Equipment. In 2021, the RCLC adopted a
Purchasing Policy for Supplemental Sheriff Equipment whereby, outlining supplemental
equipment purchase processes, approval thresholds, and member cities' financial obligation
percentages per capita.
The quote for the supplemental equipment is $16,455.36. The fiscal impact to the member
cities based on approved percentages from the RCLC Purchasing Policy for Supplemental
Sheriff Equipment is as follows:
Rancho Palos Verdes (68%) - $11,189.65
Rolling Hills Estates (28%) - $4,607.50
41
Rolling Hills (4%) - $658.21
The cost sharing formula for the Regional Law contract for the three cities is based on the
amount of time the LASD dedicates to each city. Prior to 2014, the Peninsula Cities analyzed
the data each year to determine the percentages for the coming year. It was very time
consuming and only varied slightly from year to year, mostly between Rolling Hills Estates and
Rancho Palos Verdes. Approximately ten years ago, at the recommendation of the Regional
Law Committee, the three cities agreed to abandon the complex rate setting formula in favor of
a fixed percentage cost allocation, 4% (RH), 28% (RHE) and 68% (RPV).
On February 26, 2024, the City Council approved the first amendment to the MOU and
directed staff to return with a budget amendment.
DISCUSSION:
None.
FISCAL IMPACT:
The allocated budget in FY23/24 for Other Law Enforcement Expenses is not sufficient to
cover the additional $658.21 for the City of Rolling Hills contribution to the LIDAR/RADAR
purchase, which will be funded from available General Fund Reserves. The use of General
Fund Reserves is consistent with City policy.
RECOMMENDATION:
Approve as presented.
ATTACHMENTS:
ResolutionNo1360_LIDAR_RADAR_BudgetAmendment_F.pdf
42
RESOLUTION NO. 1360
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ROLLING HILLS. CALIFORNIA
AUTHORIZING A FISCAL YEAR 2023-2024
BUDGET MODIFICATION TO INCREASE
APPROPRIATIONS BY $658.21 IN THE GENERAL
FUND OTHER LAW ENFORCEMENT EXPENSES
ACCOUNT FUNDED FROM AVAILABLE GENERAL
FUND RESERVES FOR THE LOMITA STATION
SHERIFF'S DEPARTMENT PURCHASE OF
LIDAR/RADAR SPEED DETECTION DEVICE
EQUIPMENT FOR USE IN THE THREE REGIONAL
CONTRACT LAW PENINSULA CITIES
THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA,
DOES HEREBY RESOLVE, DECLARE, DETERMINE, AND ORDER AS
FOLLOWS:
Section 1. Recitals.
A. It is the intention of the City Council of the City of Rolling Hills to
review the adopted budget from time to time.
B. On February 26, 2024, the City Council received a presentation
from staff regarding the need for the purchase of LIDAR/RADAR speed detection
device equipment by the Los Angeles County Sheriffs to use in the three regional
contract law peninsula cities.
C. The quote for the supplemental LIDAR/RADAR equipment is
$16,455.36. The fiscal impact to the member cities based on approved
percentages from the Regional Contract Law Committee Purchasing Policy for
Supplemental Sheriff Equipment is as follows: (i) Rancho Palos Verdes (68%) -
$11,189.65; (ii)Rolling Hills Estates (28%) - $4,607.50; and (iii) Rolling Hills (4%)
- $658.21.
D. The City desires to appropriate an additional six hundred and fifty-
eight dollars and twenty-one cents ($658.21) for the City’s share of the purchase
of LIDAR/RADAR speed detection device equipment by the Los Angeles County
Sheriffs to use in the three regional contract law peninsula cities.
Section 2. The sum of six hundred and fifty-eight dollars and twenty-
one cents ($658.21) is hereby appropriated in the General Fund Other Law
Enforcement Expenses Account from a transfer of General Fund for the City’s
share of the purchase of LIDAR/RADAR speed detection device equipment by
43
the Los Angeles County Sheriffs to use in the three regional contract law
peninsula cities
Section 3. This Resolution shall take effect immediately upon its
adoption by the City Council, and the City Clerk shall certify to the passage and
adoption of this Resolution and enter it into the book or original resolutions.
PASSED, APPROVED, AND ADOPTED this 11th day of March, 2024
______________________________
LEAH MIRSCH
MAYOR
ATTEST:
___________________________
CHRISTIAN HORVATH
CITY CLERK
44
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS )
The foregoing Resolution No. 1360 entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ROLLING HILLS. CALIFORNIA
AUTHORIZING A FISCAL YEAR 2023-2024
BUDGET MODIFICATION TO INCREASE
APPROPRIATIONS BY $658.21 IN THE GENERAL
FUND OTHER LAW ENFORCEMENT EXPENSES
ACCOUNT FUNDED FROM AVAILABLE GENERAL
FUND RESERVES FOR THE LOMITA STATION
SHERIFF'S DEPARTMENT PURCHASE OF
LIDAR/RADAR SPEED DETECTION DEVICE
EQUIPMENT FOR USE IN THE THREE REGIONAL
CONTRACT LAW PENINSULA CITIES
was approved and adopted at a regular meeting of the City Council on the 11th
day of March 2024, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
45
Agenda Item No.: 8.G
Mtg. Date: 03/11/2024
TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM:JOHN SIGNO, DIRECTOR OF PLANNING & COMMUNITY SERVICES
THRU:KARINA BAÑALES, CITY MANAGER
SUBJECT:RECEIVE AND FILE THE ANNUAL PROGRESS REPORTS FOR THE
GENERAL PLAN.
DATE:March 11, 2024
BACKGROUND:
The annual progress reports (APRs) for the General Plan and Housing Element are due April
1, 2024. Government Code Sections 65400 and 65700 mandates that all cities and counties
submit an annual report on the status of the General Plan and progress in its implementation
to their legislative bodies, the Governor's Office of Planning and Research (OPR), and the
Housing and Community Development (HCD). Government Code section 65400 also requires
that each city, county, or city and county, including charter cities, prepare an APR on the
status of the housing element of its general plan and progress in its implementation, using
forms and definitions adopted by the California Department of Housing and Community
Development (HCD).
APRs provide local legislative bodies and the public with information regarding the
implementation of the General Plan for their city or county. They also inform the public of
progress in meeting the community’s goals. APRs must be presented to the local legislative
body for review and acceptance, usually as a consent or discussion item on a regular meeting
agenda.
DISCUSSION:
The General Plan APR provides an overview of recent updates to elements and how the City
complies with OPR's guidelines. It summarizes the actions related to the General Plan over
the past year, including adopted ordinances and resolutions. It also summarizes the City's
efforts in updating the Housing Element.
The General Plan APR will be filed with OPR and HCD prior to the April 1st deadline.
FISCAL IMPACT:
None.
46
RECOMMENDATION:
Receive and file.
ATTACHMENTS:
PL_GPN_APR_2023_RollingHillsGeneralPlanAPR.pdf
47
INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CA 90274
(310) 377‐1521
FAX (310) 377‐7288
March 12, 2024
Office of Planning and Research
P.O. Box 3044
Sacramento, CA 95812-3044
SUBJECT: ROLLING HILLS’ 2023 GENERAL PLAN ANNUAL PROGRESS REPORT
Dear Sir or Madam:
This serves as the City of Rolling Hills’ 2023 General Plan Annual Progress Report (GP APR) to
the Governor’s Office of Planning and Research (OPR).
The Rolling Hills General Plan was last updated in its entirety on June 25, 1990. Its purpose is to
comply with State law in guiding the physical development of the City; provide a long-range plan
for future development in the City, which is sensitive to existing development patterns; and
represents the desires of the community through an extensive public outreach process. The
Rolling Hills General Plan includes the following elements:
Land Use Element (Amended February 8, 2021)
Housing Element (6th Cycle adopted September 26, 2022; certified by the California
Department of Housing and Community Development (HCD) on November, 23, 2022)
Circulation Element
Open Space/Conservation Element
Safety Element (Revised update adopted October 24, 2022)
Noise Element
Compliance
The Rolling Hills General Plan complies with OPR’s General Plan Guidelines. The following is a
summary of actions related to the General Plan and updated Municipal Code sections over the
past year:
Moratoriums: The City currently has no moratoriums related to the General Plan.
Accessory Dwelling Units: On January 9, 2023, Ordinance No. 381 was adopted to amend
the City’s accessory dwelling unit (ADU) requirements to be consistent with State law,
including Senate Bill (SB) 897. Among other things, SB 897:
48
Page 2 of 4
o Requires the City to allow certain ADUs to be higher—up to 18 or 25 feet,
depending on the situation;
o Requires the City’s front setback requirement to yield for certain ADUs;
o Requires the City to justify a denial with a full set of detailed comments describing
the deficiencies in the application and explaining how to remedy them;
o Removes the automatic repeal in 2025 (now the ADU statute is permanent);
o Prohibits the City from denying an application to create an ADU solely because
corrections are needed to address nonconforming zoning conditions, building code
violations, or unpermitted structures elsewhere on the lot that do not present a
threat to public health and safety and are not affected by the construction of the
ADU; and
o In instances where a junior ADU (JADU) will share a bathroom with the primary
dwelling, the City must require the JADU to have an interior entry to the primary
dwelling’s “main living area,” independent of the exterior entrances of the JADU
and primary dwelling.
Los Angeles County Code: On January 9, 2023, Ordinance No. 382 was adopted to
reference the Los Angeles County Code (2022 edition) and amend requirements in the
building code, electrical code, plumbing code, mechanical code, residential code, green
building standards code, and other requirements. Los Angeles County Public Works
Department and Willdan Engineering provide contract building services to the City.
Fire Code: On July 24, 2023, Ordinance No. 383 was adopted by referencing Title 32, Fire
Code, of the Los Angeles County Code, incorporating the California Fire Code (2022
edition), with certain changes and amendments. Los Angeles County Fire Department
provides contract fire protection services and fire plan check to the City.
Wireless Ordinance: On August 15, September 12, October 17, and November 21, 2023,
the Planning Commission held a duly-noticed public hearing to amend the City’s
requirements for wireless facilities. On December 14, 2023, the City Council introduced
Ordinance No. 384 (Wireless Ordinance) regarding the amended requirements for
wireless facilities and considered the Planning Commission’s recommendation. The
Wireless Ordinance was adopted on January 8, 2024. During the process, numerous
communications and meetings were held with the Rolling Hills Community Association
(RHCA), industry representatives, and other interested parties to revise the ordinance.
The Wireless Ordinance made the following updates to the City's Code:
o Permit Requirements:
Conditional Use Permit (CUP) required for Type 4 facilities only. Type 4
facilities are new towers or any other facility that does not fall under the other
types.
Zone Clearance is required for Types 1, 2, 3, and 5 facilities. These facilities
are subject to Rolling Hills Municipal Code (RHMC) Chapter 17.44 (Zone
Clearance) and RHMC Section 17.27.040 (Wireless Communication
Antennas and Facilities).
49
Page 3 of 4
o Subsection E of RHMC 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. The location standards express a preference for:
New facilities to utilize existing or replacement poles;
Structures or street signs to avoid proliferation wherever possible;
New wireless facilities cannot obstruct views as defined in RHMC Section
17.26.020 (View Preservation) of a primary residential building; and
New facilities to be located on shared property lines between parcels to the
extent feasible.
o A limited waiver process was added for all design, development, and location
standards.
o Standard conditions of approval have been added to RHMC Section 17.27.040 to
apply in the event of an application deemed approved by the operation of law.
o Other conforming and minor updates to address changes in state and federal law.
Housing Element
As mentioned earlier, the City adopted its 6th Cycle Housing Element on September 26, 2022.
The Housing Element was found to be in full compliance with State law by the California
Department of Housing and Community Development (HCD) on November, 23, 2022. A
separate annual progress report is prepared for the City’s Housing Element.
The housing allocation for Rolling Hills for the Sixth Cycle 2021-2029 period is 45 units,
including:
20 very low-income units
9 low-income units
11 moderate-income units
5 above moderate-income units
Each city must plan for the type of housing it has been assigned. In the case of very low- and
low-income units, this typically requires sites that are zoned for multi-family housing. Accessory
dwelling units (ADUs) may be counted as low- and moderate-income units if the City has
sufficient data on rents and construction trends to support its conclusions.
The Housing Element provides data supporting the finding that at least 13 of the future ADUs
will be affordable to lower income households based on data from the Southern California
Association of Governments (SCAG), the City’s 2020 ADU resident survey, and local real estate
ads. The forecast of five ADUs per year is based on the City’s track record of approving nine
ADUs in 2021 alone.
50
Page 4 of 4
Conclusion
This GP APR was presented to the City Council at its regularly scheduled meeting on March 11,
2024. The General Plan, ordinances, and other documents described in this letter are available
on the City’s website or at City Hall.
Thank you for your consideration to this matter. The City is eager to remain in compliance with
regulatory orders and in good standing with State agencies. If you have any questions regarding
the contents of this letter, please feel free to contact me at 310-377-1521 or email
jsigno@cityofrh.net.
Sincerely,
John F. Signo, AICP
Director of Planning and Community Services
51
Agenda Item No.: 8.H
Mtg. Date: 03/11/2024
TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM:JOHN SIGNO, DIRECTOR OF PLANNING & COMMUNITY SERVICES
THRU:KARINA BAÑALES, CITY MANAGER
SUBJECT:RECEIVE AND FILE THE ANNUAL PROGRESS REPORT FOR THE
HOUSING ELEMENT.
DATE:March 11, 2024
BACKGROUND:
The annual progress reports (APRs) for the General Plan and Housing Element are due April
1, 2024. Government Code Sections 65400 and 65700 mandate that all cities and counties
submit an annual report on the status of the General Plan and progress in its implementation
to their legislative bodies, the Governor's Office of Planning and Research (OPR), and the
Housing and Community Development (HCD). Government Code section 65400 also requires
that each city, county, or city and county, including charter cities, prepare an APR on the
status of the housing element of its general plan and progress in its implementation, using
forms and definitions adopted by the California Department of Housing and Community
Development (HCD).
APRs provide local legislative bodies and the public with information regarding the
implementation of the General Plan for their city or county. They also inform the public of
progress in meeting the community’s goals. APRs must be presented to the local legislative
body for review and acceptance, usually as a consent or discussion item on a regular meeting
agenda.
The form remains largely the same as last year. However, there are several new reporting
requirements:
Table A requires information on whether each housing development application is
subject to either ministerial or discretionary review.
The local jurisdiction tracking ID is now required for all projects.
Last year, SB 9 projects were reported on their own table (Table I, which has since been
removed). This year, those projects are reported with all other projects in Table A and
A2.
Housing developments utilizing streamlining provisions established by SB 6 or AB 2011
must be reported on Table A and Table A2.
The APR requires local governments to report any adopted tenant preference policies
52
(Table K).
DISCUSSION:
The Housing Element APR is provided on a spreadsheet prepared by HCD. Based on Table
A, activity in the City over the past year include the submittal of 5 housing applications, 5
proposed units in all applications received (including 3 accessory dwelling units (ADUs)), and
1 housing unit approved (ADU for 9 Portuguese Bend Road). Based on Table A2, Building
Services activity in 2023 included 4 entitlements issued (1 single-family detached unit and 3
ADUs) and 4 building permits issued (2 single-family detached units and 2 ADUs).
Program Implementation Status reported in Table D has been updated to reflect the programs
identified in the recently adopted Sixth Cycle Housing Element. As we are in the early stages
of the Sixth Cycle, which ends in 2029, most programs are still ongoing or in process.
A report on the Local Early Action Planning (LEAP) is included in the Housing Element APR
as required by HCD.
The Housing Element APR will be filed with OPR and HCD prior to the April 1st deadline.
FISCAL IMPACT:
None.
RECOMMENDATION:
Receive and file.
ATTACHMENTS:
PL_GPN_APR_2023_HCD_Announcement.pdf
PL_GPN_APR_2023_HousingElementAPR_F.pdf
53
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Attention Local Governments
2023 Annual Progress Report Form and Instructions
The California Department of Housing and Community Development (HCD) is
pleased to announce the availability of the 2023 Annual Progress Report (APR)
form, supplemental webinar, instructions, and FAQs. Local governments are
required to submit 2023 APRs to HCD and Office of Planning and Research by
April 1, 2024.
The 2023 APR contains new reporting requirements in response to recent
legislation (AB 1743, AB 2011, SB 6, and SB 649).
In addition to changes required by statutory changes, additional changes to
the APR form include updated:
Table B data
Planning and projection period data
Summary tab to include additional information
Importer, added rows, and validator macros to provide additional
functionality
Data from APRs is used in HCD's SB35 Determination, and APR Data
Dashboard. In addition, HCD has posted APR data on the California Open Data
Portal, which will allow anyone to download APR data submitted since 2018.
Further, HCD has made available to jurisdictions copies of previous APRs that
have been uploaded to our database. If you are searching for a prior APR form
that was submitted to HCD, you may log into our APR system and download
the completed form.
The 2023 APR form can also be used for the 2018 to 2023 reporting years.
View Housing Element Annual Progress Report (APR) form and instructions.
Background: Government Code Section 65400 requires each local
government to complete the Housing Element APR and submit it to HCD and
the Office of Planning and Research by April 1 each year. Cities and counties
with a compliant housing element and up-to-date submissions of APRs gain
access to SB 2 Building Homes and Jobs Act funds.
AB 1743 (Chapter 641, Statutes of 2022):
Requires the local government to report whether the housing development
application reported on the APR was subject to ministerial or discretionary
review. AB 1743 added a new column to Table A where the local government
may enter the required information.
AB 2011 (Chapter 641, Statutes of 2022):
“Affordable Housing and High Road Jobs Act of 2022”: Requires the local
government to report information about housing development applications
submitted pursuant to Government Code section 65912.100.
SB 6 (Chapter 659, Statutes of 2022):
54
“Middle Class Housing Act of 2022”: Requires the local government to report
information about housing developments submitted pursuant to Government
Code section 65852.24. The 2023 APR form changes acceptable values in
existing columns to enable local governments to enter the information
required by AB 2011 and SB 6.
SB 649 (Chapter 660, Statutes of 2022):
“Local Tenant Preferences to Prevent Displacement Act”: Requires the local
government to report if it has adopted a tenant preference policy as well as a
link to the policy. The 2023 APR form includes table K which provides a space
where the required information may be entered.
For more information please visit the Annual Progress Reports section of our
Regional Housing Needs Allocation and Housing Elements webpage.
Questions? Need assistance with completing the APR or about the new
updates, please email APR@hcd.ca.gov.
Department of Housing & Community Development | 2020 W. El Camino Ave., Sacramento, CA
95833
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55
Jurisdiction Rolling Hills
Reporting Year 2023
Housing Element Planning Period 6th Cycle
Current Year
Deed Restricted 0
Non-Deed
Restricted 0
Deed Restricted 0
Non-Deed
Restricted 0
Deed Restricted 0
Non-Deed
Restricted 1
3
4
Units by Structure Type Entitled Permitted Completed
Single-family Attached 0 0 0
Single-family Detached 1 2 0
2 to 4 units per structure 0 0 0
5+ units per structure 0 0 0
Accessory Dwelling Unit 3 2 0
Mobile/Manufactured Home 0 0 0
Total 4 4 0
Infill Housing Developments and Infill Units Permitted # of Projects Units
00
44
5
5
1
0
0
0
Total Housing Applications Submitted:
Number of Proposed Units in All Applications Received:
Total Housing Units Approved:
Total Housing Units Disapproved:
Total Units
Housing Applications Summary
Use of SB 35 Streamlining Provisions - Applications
Note: Units serving extremely low-income households are included in the very low-income permitted units totals
Number of SB 35 Streamlining Applications
Above Moderate
Indicated as Infill
Not Indicated as Infill
Building Permits Issued by Affordability Summary
Income Level
(Jan. 1 - Dec. 31)
10/15/2021 - 10/15/2029
Number of SB 35 Streamlining Applications Approved
Very Low
Low
Moderate
56
Income Rental Ownership Total
Very Low 00 0
Low 00 0
Moderate 00 0
Above Moderate 00 0
Total 0 0 0
Streamlining Provisions Used - Permitted Units # of Projects Units
SB 9 (2021) - Duplex in SF Zone 00
SB 9 (2021) - Residential Lot Split 00
AB 2011 (2022)00
SB 6 (2022)00
SB 35 (2017)00
Ministerial and Discretionary Applications # of Applications Units
Ministerial 33
Discretionary 22
Density Bonus Applications and Units Permitted
Number of Applications Submitted Requesting a Density Bonus 0
Number of Units in Applications Submitted Requesting a Density Bonus 0
Number of Projects Permitted with a Density Bonus 0
Number of Units in Projects Permitted with a Density Bonus 0
Housing Element Programs Implemented and Sites Rezoned Count
24
0
Programs Implemented
Sites Rezoned to Accommodate the RHNA
Units Constructed - SB 35 Streamlining Permits
57
JurisdictionRolling HillsANNUAL ELEMENT PROGRESS REPORTNote: "+" indicates an optional fieldReporting Year2023 (Jan. 1 - Dec. 31)Housing Element ImplementationPlanning Period6th Cycle10/15/2021 - 10/15/2029Date Application SubmittedTotal Approved Units by ProjectTotal Disapproved Units by ProjectStreamlining234678 9Prior APN+Current APN Street AddressProject Name+Local Jurisdiction Tracking IDUnit Category(SFA,SFD,2 to 4,5+,ADU,MH)TenureR=RenterO=OwnerDate Application Submitted(see instructions)Very Low-Income Deed RestrictedVery Low-Income Non Deed RestrictedLow-Income Deed RestrictedLow-Income Non Deed RestrictedModerate-Income Deed RestrictedModerate- Income Non Deed RestrictedAboveModerate-IncomeTotal PROPOSED Units by ProjectTotal APPROVED Units by projectTotal DISAPPROVED Units by ProjectPlease select streamlining provision/s the application was submitted pursuant to.Did the housing development application seek incentives or concessions pursuant to Government Code section 65915?Summary Row: Start Data Entry Below0001004 5 1 07569-014-0039 Portuguese Bend RoadZC 22-81ADU R6/21/2023111 NONENo7567-011-02023 Crest Road EastZC 23-070SFD O6/2/20231 1 NONE No7567-011-02023 Crest Road EastZC 23-070ADU R6/2/20231 1 NONE No7567-017-0334 Spur Lane ZC 23-100SFD O8/8/20231 1 NONE No7569-010-01631 Portuguese Bend RoadZC 23-110ADU R9/1/20231 1 NONE No00000000000000000000000000000Table ACells in grey contain auto-calculation formulas51Project Identifier Unit Types Proposed Units - Affordability by Household Incomes Density BoApplica10Housing Development Applications Submitted58
Table A22356Prior APN+Current APN Street AddressProject Name+Local Jurisdiction Tracking IDUnit Category (SFA,SFD,2 to 4,5+,ADU,MH)TenureR=RenterO=OwnerVery Low- Income Deed RestrictedVery Low- Income Non Deed RestrictedLow- Income Deed RestrictedLow- Income Non Deed RestrictedModerate- Income Deed RestrictedModerate- Income Non Deed RestrictedAboveModerate-IncomeEntitlementDate Approved# of Units issued EntitlementsSummary Row: Start Data Entry Below0000013 47567-009-02511 Flying Mane RoadZC 21-02 SFD O1 6/21/202217569-014-0039 Portuguese Bend RoadZC 22-81 ADU R1 6/20/202317567-006-03623-1/2 Chuckwagon RoadZC 21-01 ADU R1 1/18/202317569-026-01227 Buggy Whip DriveZC 21-22 ADU R1 8/30/202317569-020-0048 Middleridge Lane SouthZC 22-44 SFD O1 4/19/202217569-020-0048 Middleridge Lane SouthZC 22-44 ADU R1 4/19/202217567-014-031 4 Poppy Trail ZC 22-51 SFD O1 11/13/202310000000000000000000000000000000000000000000000014Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed UnitsProject Identifier Unit Types Affordability by Household Incomes - Completed Entitlement
59
Table A2Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units89Current APN Street AddressProject Name+Very Low- Income Deed RestrictedVery Low- Income Non Deed RestrictedLow- Income Deed RestrictedLow- Income Non Deed RestrictedModerate- Income Deed RestrictedModerate- Income Non Deed RestrictedAboveModerate-IncomeBuilding Permits Date Issued# of Units Issued Building Permits 0000013 47567-009-02511 Flying Mane Road1 4/25/2023 17569-014-0039 Portuguese Bend Road07567-006-03623-1/2 Chuckwagon Road1 3/15/2023 17569-026-01227 Buggy Whip Drive1 8/30/2023 17569-020-0048 Middleridge Lane South1 6/22/2023 17569-020-0048 Middleridge Lane South07567-014-031 4 Poppy Trail00000000000000000000000000000007Project Identifier Affordability by Household Incomes - Building Permits
60
Table A2Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units11 12Current APN Street AddressProject Name+Very Low- Income Deed RestrictedVery Low- Income Non Deed RestrictedLow- Income Deed RestrictedLow- Income Non Deed RestrictedModerate- Income Deed RestrictedModerate- Income Non Deed RestrictedAboveModerate-IncomeCertificates of Occupancy or other forms of readiness (see instructions) Date Issued# of Units issued Certificates of Occupancy or other forms of readiness0 0000 0 0 07567-009-02511 Flying Mane Road07569-014-0039 Portuguese Bend Road07567-006-03623-1/2 Chuckwagon Road07569-026-01227 Buggy Whip Drive07569-020-0048 Middleridge Lane South07569-020-0048 Middleridge Lane South07567-014-031 4 Poppy Trail0000000000000000000000000000000Affordability by Household Incomes - Certificates of Occupancy10Project Identifier61
Table A2Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed UnitsStreamlining InfillHousing without Financial Assistance or Deed RestrictionsTerm of Affordability or Deed Restriction13 14 15 16 17 18 192021 22 23 24Current APN Street AddressProject Name+How many of the units were Extremely Low Income?Please select the streamlining provision the project was APPROVED pursuant to. (may select multiple)Infill Units?Y/N+Assistance Programs for Each Development(may select multiple - see instructions)Deed Restriction Type(may select multiple - see instructions)For units affordable without financial assistance or deed restrictions, explain how the locality determined the units were affordable(see instructions)Term of Affordability or Deed Restriction (years) (if affordable in perpetuity enter 1000)+ Number of Demolished/Destroyed UnitsDemolished or Destroyed UnitsDemolished/Destroyed Units Owner or RenterTotal Density Bonus Applied to the Project (Percentage Increase in Total Allowable Units or Total Maximum Allowable Residential Gross Floor Area)Number of Other Incentives, Concessions, Waivers, or Other Modifications Given to the Project (Excluding Parking Waivers or Parking Reductions)List the incentives, concessions, waivers, and modifications (Excluding Parking Waivers or Parking Modifications)Did the project receive a reduction or waiver of parking standards? (Y/N)017567-009-02511 Flying Mane Road0NONEN1 Demolished O7569-014-0039 Portuguese Bend Road0NONEN7567-006-03623-1/2 Chuckwagon Road0NONENBased on our Housing Element (Page 4-2), ADUs 650-800 sq. ft. are presumed to be "moderate." This is based on local rental data.7569-026-01227 Buggy Whip Drive0NONEN7569-020-0048 Middleridge Lane South0NONEN7569-020-0048 Middleridge Lane South0NONEN7567-014-031 4 Poppy Trail 0 NONE NHousing with Financial Assistance and/or Deed RestrictionsDemolished/Destroyed Units Density BonusProject Identifier62
JurisdictionRolling HillsANNUAL ELEMENT PROGRESS REPORTReporting Year2023 (Jan. 1 - Dec. 31)Housing Element ImplementationPlanning Period6th Cycle10/15/2021 - 10/15/20291Projection Period34RHNA Allocation by Income LevelProjection Period - 06/30/2021-10/14/20212021 2022 2023 2024 2025 2026 2027 2028 2029Total Units to Date (all years)Total Remaining RHNA by Income LevelDeed Restricted - - - - - - - - - - Non-Deed Restricted - - - - - - - - - - Deed Restricted - - - - - - - - - - Non-Deed Restricted - - - - - - - - - - Deed Restricted - - - - - - - - - - Non-Deed Restricted - 1 - 1 - - - - - - Above Moderate 5 - - - 3 - - - - - - 3 2 45 - 1 - 4 - - - - - - 5 40 567Extremely low-Income Need2021 2022 2023 2024 2025 2026 2027 2028 2029Total Units to DateTotal Units Remaining 10 - - - - - - - - - - 10 VLI Deed RestrictedVLI Non Deed Restricted 9 Please note: For the last year of the 5th cycle, Table B will only include units that were permitted during the portion of the year that was in the 5th cycle. For the first year of the 6th cycle, Table B will only include units that were permitted since the start of the planning period. Projection Period units are in a separate column.Total RHNATotal UnitsIncome LevelVery LowLowExtremely Low-Income Units*Note: units serving extremely low-income households are included in the very low-income RHNA progress and must be reported as very low-income units in section 7 of Table A2. They must also be reported in the extremely low-income category (section 13) in Table A2 to be counted as progress toward meeting the extremely low-income housing need determined pursuant to Government Code 65583(a)(1).*Extremely low-income houisng need determined pursuant to Government Code 65583(a)(1). Value in Section 5 is default value, assumed to be half of the very low-income RHNA. May be overwritten. Progress toward extremely low-income housing need, as determined pursuant to Government Code 65583(a)(1).Please Note: Table B does not currently contain data from Table F or Table F2 for prior years. You may login to the APR system to see Table B that contains this data.Please note: The APR form can only display data for one planning period. To view progress for a different planning period, you may login to HCDs online APR system, or contact HCD staff at apr@hcd.ca.gov. 9 - This table is auto-populated once you enter your jurisdiction name and current year data. Past year information comes from previous APRs. 2 Moderate 20 9 11 Please contact HCD if your data is different than the material supplied here - 2Table BRegional Housing Needs Allocation ProgressPermitted Units Issued by Affordability 20 63
JurisdictionRolling HillsANNUAL ELEMENT PROGRESS REPORTReporting Year2023 (Jan. 1 - Dec. 31)Housing Element ImplementationPlanning Period6th Cycle10/15/2021 - 10/15/2029Date of RezoneRezone Type24567 9 10 11APN Street AddressProject Name+Local Jurisdiction Tracking ID+Date of RezoneVery Low-IncomeLow-Income Moderate-IncomeAbove Moderate-IncomeRezone Type Parcel Size(Acres)General Plan DesignationZoningMinimum Density Allowed Maximum Density AllowedRealistic CapacityVacant/NonvacantDescription of Existing UsesNote: "+" indicates an optional fieldCells in grey contain auto-calculation formulasSummary Row: Start Data Entry Below83Project Identifier RHNA Shortfall by Household Income CategorySites Description1Sites Identified or Rezoned to Accommodate Shortfall Housing Need and No Net-Loss LawTable C64
JurisdictionRolling HillsReporting Year2023 (Jan. 1 - Dec. 31)123 4Name of Program Objective Timeframe in H.E Status of Program ImplementationProgram 1: Annual Progress ReportCity will prepare and file an annual report on the progress made toward implementing its Housing Element using forms and definitions adopted by the California Department of Housing and Community Development (HCD). File by April 1 of each yearCity has filed 2022 APR and is preparing 2023 APR. City will continue to file APR by April 1 of each year.Program 2: Rancho Del Mar (RDM) Opportunity Site Monitoring(1) 16 units of affordable housing on the RDM site (excludes density bonus, addressed in Program 3)(2) Annual meeting between the City Manager and School Superintendent(1) Meeting with School Superintendent by end of 2022 and once annually thereafter(2) Preparation of site “fact sheet” for review by School District and School Board by June 2023 (3) Subdivision creating “western” parcel by end of 2024, subject to School Superintendent and Board approvalOngoingANNUAL ELEMENT PROGRESS REPORTHousing Element ImplementationHousing Programs Progress Report Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.Table DProgram Implementation Status pursuant to GC Section 6558365
Program 3: No Net Loss Monitoring and Other Multi-Family Housing Opportunities(1) No net loss of housing capacity to meet RHNA at all times(2) Provide an 80% density bonus on the Rancho Del Mar site, enabling 29 units of new affordable housing instead of the 16 allowed by the base zoning.Continuous through 2029Continuous through 2029Program 4: Add Definitions of Transitional and Supportive Housing, Residential Care Facilities, and Employee Housing to Municipal CodeCreate local housing opportunities for at least six households employed in Rolling Hills (and currently living outside the city) during the planning period. (1) Ordinance revisions completed in August 2022(2) Opportunities for at least six individuals working in Rolling Hills and living elsewhere to reside in the community (in ADUs, guest houses, affordable units on the Rancho Del Mar site, etc.) by 2029Ordinance revisions completed in 2022; metric objectives contiuous through 2029Program 5: Density Bonus OrdinanceApplication of density bonus to future affordable rental housing on RDM site (up to 13 additional units, assuming 100% affordable project on the site)Ordinance adopted in 2022Ordinance revisions completed in 2022; metric objectives contiuous through 202966
Program 6: Accessory Dwelling Unit (ADU) Producction, Monitoring, and IncentivesDevelop citywide ADU registry; annual ADU survey and monitoring; develop inventory of potential ADUs; incentives for ADU construction; pre-approved ADU plans; coordination with Community Association (RHCA), septic tank replacement grants or financial assistance; non-profit construction of ADUs; monitor best practices in ADUs; update Municipal Code provisions for ADUs; outreach to ADU permit recipients(1) Citywide ADU registry of 40 ADUs by 2029, including at least 18 ADUs rented at levels meeting affordability criteria for lower income households (2) ADU Survey, administered once a year (3) Inventory of potential ADUs (4) ADU Incentives (5) Two to four pre-approved ADU architectural plans (6) Municipal Code Revisions (see 6.10 above) -- Completed (7) 100% completion of ADUs receiving permits (8) Seven ADUs/guest houses constructed by non-profits by 2029 (see 6.8 above and Program 9 below)(1) Rosters and Surveys prepared by 2022 and updated annually (2) ADU incentives by 2023 (3) Approved architectural plans by 2024, or as funding allows(4) Amend Municipal Code Chapter 17.28 (Accessory Dwelling Units) for consistency with State law by August 2022 (this action has been completed)(5) Establish protocol for 6-month check-ins with ADU permit recipients by January 1, 2023(6) Annual monitoring report on ADU productionADU Ordinance amended in 2022 to be consistent with State law including providing incentives or removing obstacles to develop ADUs. ADU survey prepared by South Bay Cities Council of Governments (SBCCOG) in late 2022. Other implementation ongoing.Program 7: ADU Outreach, Education, Information(1) Outreach mailer to 639 households (at least once every 2 years) (2) Creation of 40 new ADUs by 2029 (5 per year)(1) First mailing by March 2023 (2) Website update by June 2023 (3) Update of design guidelines by 2024All residents were notified of ADU survey in September 2022 and ADU Ordinance Amendment in December 2022 via City newsletter. Website continuously updated. Design guidelines handled by Rolling Hills Community Association (RHCA); City's Ordinance adheres to State requirements and is compatible with RHCA.67
Program 8: Assist Senior and Disabled HouseholdsWebsite landing page with senior housing resources; Facilitate age-in-place retrofits for 10 senior households; City Council study session on needs of seniors and potential actions to assist Rolling Hills seniorsJune 2023 (for website); Council Study Session before 12/23City uses newsletter and local organizations to disseminate information. Council and staff inform seniors individually and at meetings on assistance opportunities.Program 9: Assist Extremely Low-Income HouseholdsProvide seven housing units affordable to Extremely Low IncomePrepare inventory of Extremely Low Income (ELI) units by 2024, update annually; Facilitate housing assistance to at least 7 ELI homeowners by 2029No ELI units received in 2023Program 10: Support Regional Efforts to End HomelessnessParticipation in point in time surveys; participation in at least one regional meeting annually on strategies to end homelessnessOngoing, 2021-2029 Continuous through 2029Program 11: Permit StreamliningCompliance with all provisions of the Permit Streamlining ActOngoing, 2021-2029 Continuous through 2029Program 12: Facilitate Communication with Affordable Housing Service Providers, Developers, and AdvocatesHold at least one meeting a year with one or more non-profit housing sponsors to discuss housing opportunities and needs in Rolling Hills; See also Programs 8, 13, and 15Convene one meeting before December 2022. Convene additional meetings at least once a year from 2023 to 2029Continuous through 2029Program 13: Home SharingContinue to provide informational brochures advertising shared housing programs at City Hall and on the City’s website; at least eight non-resident households participating in a non-profit managed home sharing program enabling them to reside in Rolling Hills by 2029Provide article and meet with home sharing service in 2023Ongoing68
Program 14: Sewer Feasibility Studies and Phase One Construction(1) Complete 1,585-foot sanitary sewer extension to City Hall/ Tennis Courts (Phase I); (2) Complete feasibility / cost study of sanitary sewer extension; (3) Obtain grants for Phase I project construction; (4) Updated “Will Serve” letter from the Los Angeles County Sanitation District, indicating ability to accept effluent from 235 existing homes upon completion of future phase sewer systemComplete Phase I by 2024; determine viability of future phases and available grants by 2023City Council has had numerous meetings on improvements to the City Hall campus and sewer feasibility. In January 2023, Council directed staff to phase the sewer main project to include a new 8" sewer line in Phase I and for staff to seek grant funding opportunities for construction. Projects to upgrade the tennis courts, City Hall, and parking lot area are proceeding. The City updates residents in its newsletter and at public meetings.Program 15 Pursue Grants for Minor Home Repair ProgramMinor home repair/ age-in-place/ septic tank replacement assistance to at least ten lower-income or senior Rolling Hills householdsBy 2023, and every two years thereafterOngoingProgram 16: Code EnforcementRespond to 100 percent of resident Code Enforcement inquiriesOngoing, 2021-2029The City has a contract for code enforcement services and follows up on code enforcement inquiries and reports from residents.Program 17: Reduce Home Energy Costs(1) Provide links on City website related to energy conservation, weatherization, and financial assistance (2) Adopt updated Building Code standards for energy efficiencyWebsite Update, with links: Complete by January 2023Website updates continuous; Building Code and Fire Code updates completed in 2023Program 18: Facilitate New Construction and Home Improvements5 new single family homes (above moderate income)Objective covers the period from 2021 through 2029OngoingProgram 19: Remediate Geologic HazardsGeologic studies for new development and major grading permitsOn-going, 2021 to 2029 OngoingProgram 20: Fair Housing Services Program AdministrationAt least five households assistedComplete memorandum by June 2023Ongoing69
Program 21: Fair Housing Outreach and Affirmative Marketing(1) At least 50% of future occupants of affordable housing created on the RDMO site are from outside Rolling Hills. (2) At least 50% of future ADU occupants are from outside Rolling Hills (to be measured through the ADU survey described in Program 6.2)Ongoing, 2021-2029. Website update by December 2022OngoingProgram 22: Fair Housing Training for Staff(1) At least one Rolling Hills staff member participates in on-line Fair Housing training each year through 2029(2) At least one presentation on fair housing is delivered to the City Council in a noticed public hearing, attended by at least 10 residents2023 OngoingProgram 23: Written Procedures for SB 35 ProjectsPosted information on SB 35, including application formComplete by December 31, 2022Information provided on City's website linking to SCAG's resources.Program 24: Updating of Linked Files on Planning and Community Services Department Landing PageReorganized and updated Planning and Community Services Department websiteComplete by December 31, 2023Ongoing70
JurisdictionRolling HillsANNUAL ELEMENT PROGRESS REPORTReporting Period2023 (Jan. 1 - Dec. 31)Housing Element ImplementationPlanning Period6th Cycle10/15/2021 - 10/15/2029Description of Commercial Development BonusCommercial Development Bonus Date Approved34APN Street AddressProject Name+Local Jurisdiction Tracking ID+Very LowIncomeLowIncomeModerateIncomeAbove ModerateIncomeDescription of Commercial Development BonusCommercial Development Bonus Date ApprovedSummary Row: Start Data Entry BelowUnits Constructed as Part of Agreement Commercial Development Bonus Approved pursuant to GC Section 65915.7Table ENote: "+" indicates an optional fieldProject Identifier12Cells in grey contain auto-calculation formulas(CCR Title 25 §6202)Annual Progress Report January 202071
JurisdictionRolling HillsANNUAL ELEMENT PROGRESS REPORTNote: "+" indicates an optional fieldReporting Period2023 (Jan. 1 - Dec. 31)Housing Element ImplementationCells in grey contain auto-calculation formulasPlanning Period6th Cycle10/15/2021 - 10/15/2029The description should adequately document how each unit complies with subsection (c) of Government Code Section 65583.1+. For detailed reporting requirements, see the chcklist here: Extremely Low-Income+Very Low-Income+Low-Income+TOTAL UNITS+Extremely Low-Income+Very Low-Income+Low-Income+TOTAL UNITS+https://www.hcd.ca.gov/community‐development/docs/adequate‐sites‐checklist.pdfRehabilitation ActivityPreservation of Units At-RiskAcquisition of UnitsMobilehome Park PreservationTotal Units by IncomeTable F Please note this table is optional: The jurisdiction can use this table to report units that have been substantially rehabilitated, converted from non-affordable to affordable by acquisition, and preserved, including mobilehome park preservation, consistent with the standards set forth in Government Code section 65583.1, subdivision (c). Please note, motel, hotel, hostel rooms or other structures that are converted from non-residential to residential units pursuant to Government Code section 65583.1(c)(1)(D) are considered net-new housing units and must be reported in Table A2 and not reported in Table F.Activity TypeUnits that Do Not Count Towards RHNA+Listed for Informational Purposes OnlyUnits that Count Towards RHNA +Note - Because the statutory requirements severely limit what can be counted, please contact HCD at apr@hcd.ca.gov and we will unlock the form which enable you to populate these fields.Units Rehabilitated, Preserved and Acquired for Alternative Adequate Sites pursuant to Government Code section 65583.1(c) Annual Progress Report January 202072
JurisdictionRolling HillsReporting Period2023 (Jan. 1 - Dec. 31)Planning Period6th Cycle10/15/2021 - 10/15/2029ANNUAL ELEMENT PROGRESS REPORTHousing Element Implementation234APN Street AddressProject Name+Local Jurisdiction Tracking ID+Realistic Capacity Identified in the Housing ElementEntity to whom the site transferredIntended Use for Site1Summary Row: Start Data Entry BelowNote: "+" indicates an optional fieldCells in grey contain auto-calculation formulasTable GLocally Owned Lands Included in the Housing Element Sites Inventory that have been sold, leased, or otherwise disposed ofProject IdentifierNOTE: This table must only be filled out if the housing element sites inventory contains a site which is or was owned by the reporting jurisdiction, and has been sold, leased, or otherwise disposed of during the reporting year.73
JurisdictionRolling HillsNote: "+" indicates an optional fieldReporting Period2023(Jan. 1 - Dec. 31)Cells in grey contain auto-calculation formulasDesignation Size Notes1234567APN Street Address/Intersection Existing UseNumber of UnitsSurplus DesignationParcel Size (in acres)NotesNOTE: This table must contain an invenory of ALL surplus/excess lands the reporting jurisdiction ownsSummary Row: Start Data Entry BelowParcel IdentifierANNUAL ELEMENT PROGRESS REPORTHousing Element ImplementationTable HLocally Owned Surplus SitesFor Los Angeles County jurisdictions, please format the APN's as follows:9999-999-99974
JurisdictionRolling HillsANNUAL ELEMENT PROGRESS REPORTReporting Period2023 (Jan. 1 - Dec. 31)Housing Element ImplementationPlanning Period6th Cycle10/15/2021 - 10/15/2029Project Type Date23APN Street AddressProject Name+Local Jurisdiction Tracking ID+Unit Category(SH - Student Housing)DateVery Low- Income Deed RestrictedVery Low- Income Non Deed RestrictedLow- Income Deed RestrictedLow- Income Non Deed RestrictedModerate- Income Deed RestrictedModerate- Income Non Deed RestrictedAboveModerate-IncomeSummary Row: Start Data Entry BelowNoteCells in grTable JStudent housing development for lower income students for which was granted a density bonus pursuant to subparagraph (F) of paragraph (1) of subdivision (b) of Section 6591Project IdentifierUnits (Beds/Student Capacity) Approved14NOTE: STUDENT HOUSING WITH DENSITY BONUS ONLY. This table only needs to be completed if there were student housing projects WITH a density bonus approved pursuant to Government Code65915(b)(1)(F)Annual Progress Report January 202075
JurisdictionRolling HillsANNUAL ELEMENT PROGRESS REPORTReporting Period2023 (Jan. 1 - Dec. 31)Planning Period6th Cycle10/15/2021 - 10/15/2029NoDoes the Jurisdiction have a local tenant preference policy? If the jurisdiction has a local tenant preference policy, provide a link to the jurisdiction's webpage on their internet website containing authorizing local ordinance and supporting materials.NotesTable KTenent Preference PolicyLocal governments are required to inform HCD about any local tenant preference ordinance the local government maintains when the jurisdiction submits their annual progress report on housing approvals and production, per Government Code 7061 (SB 649, 2022, Cortese). Effective January 1, 2023, local governments adopting a tenant preference are required to create a webpage on their internet website containing authorizing local ordinance and supporting materials, no more than 90 days after the ordinance becomes operational.76
JurisdictionRolling HillsReporting Year2023 (Jan. 1 - Dec. 31)Total Award AmountTotal award amount is auto‐populated based on amounts entered in rows 15‐26.Task $ Amount Awarded$ Cumulative Reimbursement RequestedOther FundingNotesGIS, IS/MND, rezone, APR $17,070.00 $17,070.00NoneIS/MND, tech. reports, zoning map $9,690.00 $9,690.00NoneRevisions, coordination, meetings $990.00 $990.00NoneCouncil mtg., housing, plng. serv. $290.00 $290.00Local General FundHsg. Elem. Intro, needs assess., prog. Report$5,400.00 $5,400.00NoneHsg. Elem. sects., PC mtg. $4,275.00 $4,275.00NoneConstraints, goals, policies, actions, AFFH$6,750.00 $6,750.00NonePublic review, PC mtg., coordination$1,575.00 $1,575.00NoneCC mtg., Submit Hsg. Elem. to HCD$1,050.00 $1,050.00NoneCoordination; correspondences; responses$4,350.00 $4,350.00NoneDraft Hsg. Elem.; responses; coordinat.; mtgs$3,450.00 $3,450.00Local General FundCEQA document $10,110.00 $10,110.00Local General FundSummary of entitlements, building permits, and certificates of occupancy (auto‐populated from Table A2)Current YearDeed Restricted0Non-Deed Restricted0Deed Restricted0Non-Deed Restricted0Deed Restricted0Non-Deed Restricted134Current YearDeed Restricted0Non-Deed Restricted0Deed Restricted0Non-Deed Restricted0Deed Restricted0Non-Deed Restricted134Current YearDeed Restricted0Non-Deed Restricted0Deed Restricted0Non-Deed Restricted0Deed Restricted0Non-Deed Restricted000ModerateAbove ModerateTotal UnitsCompleted Entitlement Issued by Affordability SummaryIncome LevelVery LowLowModerateAbove ModerateTotal UnitsBuilding Permits Issued by Affordability SummaryIncome LevelVery LowLowTotal UnitsCertificate of Occupancy Issued by Affordability SummaryIncome LevelVery LowLowModerateAbove ModerateCompletedCompletedCompletedCompletedCompletedCompletedCompletedCompletedANNUAL ELEMENT PROGRESS REPORTLocal Early Action Planning (LEAP) Reporting(CCR Title 25 §6202)CompletedCompletedPlease update the status of the proposed uses listed in the entity’s application for funding and the corresponding impact on housing within the region or jurisdiction, as applicable, categorized based on the eligible uses specified in Section 50515.02 or 50515.03, as applicable.65,000.00$ Task StatusCompletedCompleted77
Agenda Item No.: 13.A
Mtg. Date: 03/11/2024
TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM:CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO
CITY MANAGER
THRU:KARINA BAÑALES, CITY MANAGER
SUBJECT:CONSIDERATION OF REQUEST FROM THE ROLLING HILLS
COMMUNITY ASSOCIATION TO APPROVE INSTALLATION OF A
BACKUP NATURAL GAS GENERATOR AT THE NORTHEAST
CORNER OF THEIR BUILDING
DATE:March 11, 2024
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. 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
company, presented an alternate approach to delivering the solar/battery backup power
solution to the City Council.
On June 26, 2023, the City Council approved a Professional Services Agreement with
SitelogIQ.
78
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.
On December 14, 2023, SitelogIQ's project team presented a comprehensive scope of work
around resiliency that provides a turn-key design-build solution to the City. The City Council
expressed concerns with the overall costs and requested SiteLogiQ return with a revised
system that would consider direction provided during the discussion including cost reduction.
As of the writing of this staff report, SiteLogiQ has not presented additional information or a
revised proposal.
DISCUSSION:
As a result of the delayed process in finding and securing a reliable backup power system for
the campus, and in light of short-term power outages since 2019 affecting operations, the
Rolling Hills Community Association (RHCA) staff further explored the installation of a backup
generator system independent of the City's current potential solar/backup power project.
On February 22, 2024, the RHCA Board of Directors directed staff to move forward with the
installation of a natural gas generator that would serve the RHCA administration building and
connect to the building's sub-panel. The generator would be installed on a new concrete pad
at the northeast corner of the RHCA building.
Per the RHCA and the City’s lease agreement, the RHCA is required to gain the City Council's
approval for any improvements over $10,000. The attachments include a formal letter from the
RHCA requesting approval (Attachment A), the vendor's proposal (Attachment B), and the
plans showing the location of the generator and propane tank for backup fuel (Attachments C
& D).
FISCAL IMPACT:
None.
RECOMMENDATION:
Approve as presented.
ATTACHMENTS:
Attachment A - CL_AGN_240311_CC_RHCA_GeneratorRequestLetter.pdf
Attachment B - CL_AGN_240311_CC_RHCA_LTGenerator_Proposal.pdf
Attachment C - CL_AGN_240311_CC_RHCA_Generator_Location.pdf
Attachment D - CL_AGN_240311_CC_RHCA_LTGenerator_Specs.pdf
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GENERAL NOTES,SYMBOLS, AND SHEET INDEX14932 Delano StVan Nuys, CA 91411818-787-1470CA State Contractors Lic.# 602073Class: B, C10, C36PROJECT:
SHEET TITLE:DATEDESCRIPTIONSYMBOLS & ABBREVIATIONS LIST
CALIFORNIA CODES AND STANDARDS
SHEET INDEX
GENERAL NOTES & PROJECT SCOPE
2022 CALIFORNIA BUILDING CODE (CBC)
2022 CALIFORNIA MECHANICAL CODE (CMC)
2022 CALIFORNIA RESIDENTIAL CODE (CoLARC)
2022 CALIFORNIA ENERGY CODE (CEnC) WITH LOCAL AMENDMENTS
2022 CALIFORNIA ELECTRICAL CODE (CEC)
2022 CALIFORNIA PLUMBING CODE (CPC)
2022 NATIONAL ELECTRICAL CODE (NEC)
GREEN BUILDING STANDS CODE (CGBSC)
2022 CALIFORNIA FIRE CODE / NATIONAL FIRE PROTECTION ASSOCIATION
OVERCURRENT PROTECTION DEVICE
GROUNDING
(N)INDICATES NEW
(E)EXISTING TO REMAIN
ESS EMERGENCY SHUTOFF SWITCH
N NEUTRAL WIRE
A AMP/AMPERE
V VOLTS
GEN GENERATOR
G GENERATOR
N.T.S.NOT TO SCALE
kW KILOWATT
PHASEØ
GAS SHUT OFF VALVE
M METER
LOW VOLTAGE CONTROL MODULE
LOAD SHED
SPD SURGE PROTECTION DEVICE
EMERGENCY SHUTOFF SWITCH
•26 GENERAC ONE 1 400INSTALL KW GENERATOR AND () A AUTOMATIC
TRANSFER SWITCHE TO BACK UP THE XISTING 400A SUB-PANEL. E
•SURFACE MOUNTING 45’ OF GALVANIZED NATURAL GAS LINE.
•SURFACE MOUNTING 35’ OF GALVANIZED PROPANE GAS LINE.
•SURFACE MOUNTING 30’ ELECTRICAL CONDUIT
•GENERATOR WILL BE SCREENED AFTER INSTALL.
•GENERATOR WILL ONLY OPERATE DURING NO-POWER EMERGENCY.
•333,000GENERATOR BTU =
SHEET NO.TITLE
GENERAL NOTES, SYMBOLS, AND SHEET INDEX
SITE PLAN
SITE PLAN DETAIL
G1
G2
G3
L LOAD
U UTILITY SUBMITTALSHEET NO.
WARNING
Automatic Standby Generator
Located on the Premises
(818)787-1470
Disconnect Located
Generator Located
PLACARD TO BE PLACED
ON MAIN PANEL.
EXISTING TO REMAIN
NEW OR TO BE RELOCATED
G1
G GROUND WIRE
SPLICE
SUB FEED LUG BLOCK
Rolling Hills Community Association1 Portuguese Bend RoadRolling Hills CA 9027403/04/202384
SITE PLAN14932 Delano StVan Nuys, CA 91411818-787-1470CA State Contractors Lic.# 602073Class: B, C10, C36PROJECT:
SHEET TITLE:DATEDESCRIPTIONSUBMITTALSHEET NO.
G2
N.T.S.NPARKING SPACES
City Hall
Rolling Hills
Community Association
P.L.
P.L.
P.L.
P.L.Rolling Hills Community Association1 Portuguese Bend RoadRolling Hills CA 9027403/04/202385
N.T.S.Site Plan Detail14932 Delano StVan Nuys, CA 91411818-787-1470CA State Contractors Lic.# 602073Class: B, C10, C36PROJECT:
SHEET TITLE:DATEDESCRIPTIONSUBMITTALSHEET NO.
G303/04/2023PARKING SPACES
Rolling Hills
Community Association 8’(N)120G
LPG on Prefab Pad
(N)400Amp Generac
Automatic transfer switch
120/240V 1Ø
(E)400Amp
Sub-Panel
120/240V 1Ø
(N) 26kW Generac Generator
120/240v Single Phase
(48.5”Lx25.5”Wx28.6”H)
On Prefab Slab
(E) 1.5”
Gas Stub(N) 1.25” EMT
(3)#2 CopTHHN
(1)#6 Ground
Surface Mounted 30’
(N) 1.25”
Galvanized Gas Line
Surface Mounted 45’
(N) 1.25”
Galvanized Gas Line
Surface Mounted 35’Rolling Hills Community Association1 Portuguese Bend RoadRolling Hills CA 90274P.L.
Screened
After Install
86
Agenda Item No.: 13.B
Mtg. Date: 03/11/2024
TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM:CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO
CITY MANAGER
THRU:KARINA BAÑALES, CITY MANAGER
SUBJECT:RECEIVE AND FILE AN UPDATE FROM SITELOGIQ REGARDING THE
SOLAR PHOTOVOLTAIC DUAL-FUEL EMERGENCY GENERATOR
PROJECT FOR THE CITY HALL CAMPUS BACK-UP POWER /
RESILIENCY AND TIMELINE TOWARDS A PUBLIC HEARING
DATE:March 11, 2024
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
87
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.
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:
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
88
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 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.
On December 14, 2023, SiteLogiQ presented their findings and proformas to the City Council
as two 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
The City Council unanimously provided SiteLogiQ with direction to explore solutions that were
more cost effective including the use of natural gas/propane backup solutions versus the
proposed battery storage option, and to research other potential grants that could offset capital
investment.
DISCUSSION:
Since December 2023, SiteLogiQ has revisited the program approach, with a focus on the
scope and scale of the Photovoltaic (PV) system and Energy Storage. Per City Council's
direction they performed the following tasks:
Kept the PV system at approximately the same size and in the same location;
Removed the EV charging station;
Reduced the energy storage system;
Introduced a dual-fuel energy generator was to the solution mix;
Reviewed utility cost avoidance projections based on the change of scope;
Solicited budgetary pricing from vendors and subcontractors for equipment and
installation labor;
Reviewed the IRA application and recalculated the predicted credit value based on 30-
40% of the eligible cost;
Reviewed and qualified Utility and CEC programs (03/05/2024);
Developed summary table for presentation to staff.
The attached Distributed Energy Resource (DER) Options Matrix will show the original
proposed project as Option A, the revised Solar-PV system with a dual-fuel emergency
generator as Option B and a third Option C depicting the addition of a dual-fuel emergency
generator only.
Based on Council feedback, staff is recommending the City Council consider Option B with a
net-implementation budget and one-time capital cost of $309,200 (after the receipt of
estimated IRA funding). The IRA funding would come to the City in Q1 of the following year
after project completion which is estimated to be by end of this calendar year. This would be
89
treated as a reimbursement to the City after paying the total implementation budget of
$418,000. It should be noted that SiteLogiQ anticipates potential downward movement in the
proposed program budget once they understand the final scope, schedule and contract terms.
As previously discussed, implementation of a PV system will have immediate and long-term
utility cost avoidance savings. SiteLogiQ has estimated a 5% annual increase in rates in their
utility cost avoidance projections. In 2023 the rate increase was 7.2%. In 2024 the forecasted
rate increase is 7.6%.
SCE has also requested a rate increase in its General Rate Case application (A.23-05-010)
for 2025, 2026, 2027, and 2028. In this application, SCE asked the California Public Utilities
Commission (CPUC) for an authorized base revenue requirement (ABRR) of $10.27 billion to
become effective January 1, 2025. Including sales updates and a $95.57 million in one-time
memorandum accounts recoveries, the request represents a $1.90 billion, or 23 percent,
increase in 2025 over 2024 requested base rates. Increases for 2026, 2027 and 2028 are
$373.1, $476.5, and $514.5 million, respectively. A proposed decision on the application for
the 2025 test year is expected in the first quarter of 2025.
FISCAL IMPACT:
The total fiscal impact of the project would be $309,200. 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
$108,800. This would leave the unfunded portion of the potential project at $59,200.
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_240311_CC_SiteLogiQ_DER_OptionsMatrix.pdf
90
Option A:
Solar-PV System
Dual-Fuel Emergency Generator
Energy Storage (Battery)
Microgrid capable
Option B:
Solar-PV System
Dual-Fuel Emergency Generator
Option C:
Dual-Fuel Emergency Generator
Program Budget
Turn-key Implementation $605,000.00 $418,000.00 $146,000.00
Implementation Budget
w/o emergency generator
$459,000.00 $272,000.00 n/a
Utility Cost Avoidance
Year 1
(12 months after installation)
$13,735.05 $7,763.70 n/a
30-year Annual Savings
w/ utility cost escalation
$912,540.89 $515,811.28 n/a
Funding Sources
Inflation Reduction Act $183,600.00 $108,800.00 n/a
SCE: Microgrid Incentive Program n/a n/a n/a
CEC: Distributed Electricity
Backup Assets
n/a
(for Program Year 2024)
n/a
(for Program Year 2024)
n/a
Net- Implementation Budget
Implementation Budget
after Incentives, Grants
$421,400.00 $309,200.00 n/a
Implementation Budget
after Incentives, Grants
w/o emergency generator
$275,400.00 $163,200.00 n/a
Economic Summary
Payback term
w/o utility cost escalation
30.7 years 39.8 years -
Payback term
w/ utility cost escalation
19 - 20 years 22 - 23 years -
Payback term
w/ utility cost escalation
w/o emergency generator
14-15 years 14 - 15 years -
Rolling Hills - Distributed Energy Resource (DER) Options Matrix
March 6, 2027
91
Agenda Item No.: 14.A
Mtg. Date: 03/11/2024
TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM:CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO
CITY MANAGER
THRU:KARINA BAÑALES, CITY MANAGER
SUBJECT:RECEIVE A REPORT ON THE ACTION OF THE SOUTH BAY CITIES
COUNCIL OF GOVERNMENTS (SBCCOG) BOARD OF DIRECTORS
REGARDING MEMBERSHIP DUES AND PROVIDE DIRECTION TO
STAFF (COUNCILMEMBER DIERINGER)
DATE:March 11, 2024
BACKGROUND:
At the February 12 City Council meeting, under Matters from the City Council, Councilmember
Dieringer presented the South Bay Cities Council of Government's (SBCCOG) Steering
Committee final recommendations for potential membership dues and requested that staff
place an item on the agenda.
Councilmember Dieringer participated in the January 25, 2024, SBCCOG Board of Directors
meeting, where the proposed membership dues were discussed (Attachment A). The Finance
Committee agreed to base the restricted reserve on operational expenses, reviewable every
five years. The dues calculation formula included an assessment and a $5,000 minimum fee,
with the City of Los Angeles and the County being treated similarly to the City of Torrance.
This formula, which is set to increase annually based on the annual current Consumer Price
Index (CPI), is important for SBCCOG member cities’ budget planning to avoid financial
instability caused by lapses between increases. For Fiscal Year 2024/2025, the CPI increase
is approximately 3.5 percent for a total of $502,299.
Executive Director Bacharach noted that the Finance Committee also received approval of the
recommendation at the SBCCOG City Managers’ Meeting. She also cited the issue of grants
not fully covering administrative costs and the challenges faced due to the depletion of certain
grant funds, even though the SBCCOG is a unique membership organization that provides
direct services to cities.
During discussions, Councilmember Dieringer shared the minimal resources of Rolling Hills,
how most of the city’s funding comes from reserves, and requested that a category based on
the city’s population size be considered. The proposed FY 24/25 Rolling Hills membership
92
dues, which includes the special planning assessment fee, is $8,091. This includes a 3.5%
CPI increase.
The Board ultimately voted to accept the Finance Committee recommendations but sent the
item back to the Steering Committee for further discussion on potential annual CPI increases
with a not-to-exceed cap.
Councilmember Dieringer attended the SBCCOG Steering Committee meeting on February
12, 2024. She again requested a special consideration in membership dues for the City of
Rolling Hills. A vote was taken and failed. The Steering Committee agreed that the annual
dues increase going forward will be based on a fiscal year's year CPI with a not-to-exceed cap
of 5%. The Board will re-evaluate the dues and annual increase after a five-year period.
On February 22, 2024, the SBCCOG Board meeting had a consent agenda item to accept the
proposed dues recommendations, formally approve the intent to raise dues and notify the
member cities. The item was pulled, and discussion ensued. Councilmember Wilson spoke on
behalf of the City of Rolling Hills and requested consideration of a discounted annual dues
amount since the population of the City is so small. Councilmember Dieringer also spoke on
behalf of the City and made two separate motions to (1) reconvene the Finance Committee
and reconsider the dues formula with LA County's two districts absorbing more of the member
costs as well as a reevaluation of the dues formula to make it more equitable, and (2) a
substitute motion to allow for a discounted rate as the SBCCOG had allowed for this fiscal
year. Both motions failed for a lack of a second.
The City of Lomita made a motion to accept the item as presented, which was seconded by
the City of Gardena. The motion was carried with 9 Yeas, 1 Nay, 1 Abstention, and 7
members not present.
DISCUSSION:
The SBCCOG provides a variety of services to the local member cities and, in many cases,
can offset costs, especially for smaller cities with little resources or staff. Some examples of
programs the City of Rolling Hills participates in, has taken advantage of recently, or various
benefits to membership include:
Facility Equipment Inventory
SBCCOG inventoried City Hall and RHCA and identified ongoing cost-saving
opportunities.
SBCCOG worked with the SoCalREN to try to get the HVAC unit incentivized.
While not eligible through this program, SBCCOG staff is working with SCE on
behalf of Rolling Hills and will ask about any other potential incentives for the unit
to offset the capital costs already incurred.
Grants
SBCCOG wrote the application for SB1383. The COG put in a considerable
amount of work to speak with city staff and write the application.
SBCCOG submitted a CalFire Wildfire Grant on behalf of Rolling Hills and other
Peninsula cities.
Fiber
Rolling Hills is part of the South Bay Fiber Network, which is extremely helpful for
93
our IT needs. SBCCOG monitors the service levels to ensure ongoing month-to-
month savings.
General support
SBCCOG works directly with City staff regarding sustainability and provides
research regarding access to resources.
SBCCOG is a resource for eventually using Measure M & R monies.
SBCCOG monitors Housing issues.
SBCCOG monitors legislation and reports on recommendations and lobbies for member
cities in coordination with CalCities to protect local control.
SBCCOG looks forward to future years to help secure resources, including funding and
education, to help member cities meet future needs.
FISCAL IMPACT:
The SBCCOG membership dues as proposed, but not formally approved until this Spring,
would go into effect on July 1, 2024. The proposed FY24/25 dues would be $8,091.
RECOMMENDATION:
Receive and file. Provide direction to staff.
ATTACHMENTS:
CL_AGN_240224_CC_SBCCOG_NOI_Dues.pdf
CL_AGN_240125_CC_SBCCOG_FInanceCommRecs_Dues.pdf
CL_AGN_240311_CC_SBCCOG_Services_Estimates_RH.pdf
CL_AGN_240311_CC_SBCCOG_FY23-24_Mid-YearBudget.pdf
94
South Bay Cities Council of Governments
February 2 8, 2024
TO: SBCCOG Member Agencies
FROM: SBCCOG Board of Directors
SUBJECT: 2024-2025 Dues – Notice of Intention to Consider an Increase in Dues
BACKGROUND
The Finance Committee has reviewed the dues and brought their recommendations to the February
Steering Committee. The Steering Committee concurred with their recommendation. The Board of
Directors approved the recommendation at the February 22 meeting.
Dues Calculation
FY 2024-25 dues will be based on the total amount paid to the SBCCOG for FY2023-2024 with a n
increase using the annual 2023 CPI of 3.5%. Additionally, there would be an annual CPI increase
every fiscal year, following the respective annual CPI, with a cap (a maximum increase limit) of
5%.
Bylaws Notification
In order to comply with the SBCCOG By-Laws, if there is going to be a dues increase, there needs
to be a notice of intention to increase the dues sent 60 days before such an action.
The actual Bylaws provision reads as follow: Dues. The Members of the Council shall be
responsible for the payment to the Council annually, of dues and the amounts periodically
budgeted by the Governing Board, as and for the operating costs of the Council ("Dues"). Sixty
(60) days’ notice shall be provided to Members of the date of the meeting at which any increase
in the Dues is to be determined for the following year. If an increase in dues is proposed from the
previous year, an affirmative vote of two-thirds (2/3) of the total voting membership of the
Governing Board is required to set the new dues.
APPROVED AT FEBRUARY 22 BOARD MEETING
The Board states its intention to consider a dues increase for the coming year and notify all
member agencies. The vote on this issue will be on the April 25 Board meeting agenda and will
guide the development of the FY 2024-2025 budget.
Additionally i f t he dues recommendation is adopted, the 60 day notice and 2/3 vote requirement
in the Bylaws will not apply to the automatic CPI adjustment in future years.
95
1/17/24 1
South Bay Cities Council of
Governments
Finance Committee Report to
Board of Directors
January 25, 2024
96
Finance
Committee
Members
Meeting Attendees
#1 = Cedric Hicks, Rodney Tanaka, Barry Waite, John
Cruikshank
#2 = Cedric Hicks,Rodney Tanaka, Zein Obaji, Barry
Waite, John Cruikshank
#3 = Rodney Tanaka, Zein Obaji, Barry Waite, John
Cruikshank, Victoria Lozzi, & Christian Horvath (to
represent Pat Wilson)
97
Overview
SBCCOG Finance Committee met three times to discuss and make
recommendations on the Restricted Reserve Policy and Dues
Formula.
The Committee:
•Reviewed SBCCOG and Other COG reserve policies and
dues formulas as well as dues increase practices
•Discussed reserve policy options and related data such as
SBCCOG shutdown costs and operational expenses
•Discussed SBCCOG current dues formula and reviewed
various dues scenarios including updated agency
population and budgets
•Discussed the tremendous value of the SBCCOG and the
return on investment that cities receive program funding
at 10 times that of what they pay for dues
•Discussed at Jan. 8, 2024 Steering Committee and
received no additional comments
•Note! City Managers reviewed and approved the Finance
Committee recommendations at their Jan. 17 meeting
98
Restricted Reserve
Policy
After review and discussion, the SBCCOG Finance Committee came
to a consensus on a policy revision.
Revised Policy
Ø Restricted Reserve to be based on operational expense equal
to at least 3 months and reviewed every 5 years
Ø 3 months of operational expenses based on FY 2022-23 Yr-
End Close is $347,884 and the current Restricted Reserve
Balance is $405,000 –GOAL MET
Discussion Points
Ø Shutdown costs are no longer relevant as there is low
probability the organization will be terminating operations
Ø Restricted Reserve is needed to help ensure financial stability
and address cashflow needs
99
Dues Vs Outside Funding
Dues w/
Assessment
8%
Other General
Fund Revenues
4%
Grants &
Contracts
88%
Dues w/ Assessment Other General Fund Revenues Grants & Contracts
ESTIMATED REVENUES FY 2023-2024:
$6,440,814
100
Dues Formula
After review and discussion, the SBCCOG Finance Committee came
to the following consensus:
Formula
Ø Keep the existing dues calculation which includes the
assessment and the $5,000 minimum fee with the County
and City of LA treated the same as Torrance and increase
dues annually based on the annual CPI
Ø FY 2023-24 total dues were $485,313 and would increase by
approximately 3.5% for a total $502,299 in FY 2024-25
Discussion Points
Ø Existing dues calculation has the most even spread among
the members and accounts for the diversity of size, resources,
business, and resident populations.
Ø Cities like certainty in the dues so that they know what to put
in their budgets.The existing dues with CPI provides
that certainty.
101
Dues Formula –cont.
Discussion Points –cont.
Ø The formula needs to be set with regular increases so that there are not
long lapses between increases causing issues of financial instability and
continued discussions using valuable time and resources for both city
elected officials and SBCCOG staff
Ø Incorporating the assessment is important due to changing policies of
other agencies re: how much administration can be charged to grants
Ø City Managers have always been supportive of the work of the SBCCOG
and appreciate the value the organization brings to their cities
Ø Some cities will not be pleased with increases but should recognize that
costs overtime continue to increase
Ø The SBCCOG is not like other city membership organizations and
comparisons of the 479 member LCC, the 77 member Contract Cities and
the 40 member Independent Cities with the 17 member SBCCOG are
apples to oranges.Additionally, the SBCCOG provides direct services to
cities as an extension of city staff
102
Percentage of Operational Expenses Currently Covered by Dues
FY2022-23 Year-
End Operational
Expenses
65%
FY2023-24
Dues with
Assessment
35%
FY2022-23 Year-End Operational Expenses FY2023-24 Dues with Assessment
103
Current Dues with 3.5% CPI
City/Agency/Entity
Approved
FY 2023-24
Increase
Special
Assessment Fee
Total
Membership
Costs
FY2024-25
Potential Total Using
Annual CPI of 3.5%
Carson 29,464 4,500 33,964 35,153
El Segundo 18,177 2,000 20,177 20,883
Gardena 23,944 3,250 27,194 28,146
Hawthorne 30,095 4,500 34,595 35,806
Hermosa Beach 13,253 2,000 15,253 15,787
Inglewood 44,615 4,500 49,115 50,834
Lawndale 15,722 3,250 18,972 19,636
Lomita 11,801 2,000 13,801 14,284
Los Angeles 50,704 4,500 55,204 57,136
Manhattan Beach 19,146 3,250 22,396 23,180
Palos Verdes Estates 11,142 2,000 13,142 13,602
Rancho Palos Verdes 17,051 3,250 20,301 21,012
Redondo Beach 26,615 3,250 29,865 30,910
Rolling Hills 6,817 1,000 7,817 8,091
Rolling Hills Estates 9,854 2,000 11,854 12,269
Torrance 50,704 4,500 55,204 57,136
County of Los Angeles 51,959 4,500 56,459 58,435
431,063 54,250 485,313 502,299
104
Budget Schedule –
•Notify the Board in Feb. 2024 that an increase is being
considered
•Determine recommended dues for budget preparation
at April 2024 Steering Committee meeting
•Discussion of Budget at May 2024 Board meeting
•Action: Budget Adoption at June 2024 Board meeting
Next Steps –
•Review by Steering Committee at Feb. 12, 2024
meeting
•Recommendation for approval at Feb. Board
meeting depending on feedback
Schedule
&
Next Steps
105
City of Rolling Hills
Cost Estimates for Work Performed by SBCCOG
South Bay City Council of Governments - Items provided to RH SBCCOG Funds In-House Consultant
(Estimate)Opt Out Legislative Mandate
(Yes/No)
Direct or
Indirect
Benefit
Comments
SBCCOG inventoried City Hall and RHCA and identified ongoing cost-saving opportunities.No Direct
SBCCOG worked with the SoCalREN to try to get the HVAC unit incentivized No Direct
SBCCOG wrote the application for SB1383. No due to city size Direct
SBCCOG submitted a CalFire Wildfire Grant on behalf of Rolling Hills and other Peninsula cities No Direct
SBCCOG monitors Housing issues, transportation, etc.Monitoring is not mandated, but
compliance with housing laws is Direct
SBCCOG monitors legislation and reports on recommendations and lobbies for member cities in
coordination with CalCities as well as other agencies to protect local control Some legislation is mandated Direct
Metro Deputy to support Board Member $103,954.00 - - -No, but required to support South Bay
Metro Board member Indirect
South Bay Fiber Network $100,000.00 - $150,000 - No Direct
Rolling Hills is part of the SBFN, which vastly improves the City's ability to host a
virtual server and conduct daily operations. SBCCOG monitors the service levels to
ensure ongoing month-to-month savings
SBCCOG works directly with City staff regarding sustainability and provides research regarding
access to resources. $8,228** No Direct Staff attends workshops and utilizes resources and information shared for potential
operational cost savings.
SBCCOG is a resource for eventually using Measure M & R monies.-No Indirect City Staff can utilize COG staff for assistance regarding Local Return monies
Monitors subregional issues to help ensure the sustainability - housings (RHNA), transportation,
homelessness, energy efficiency, water conservation, waste reduction, etc.-No Direct
Staff utilizes resources and information shared for potential operational cost savings
or service improvements.
SBCCOG proactively anticipates needs in future years to help secure resources, including funding
and education, that ensure member cities meet future needs.-No Direct
Staff can utilize resources and information shared for potential operational cost
savings or service improvements.
Climate Action Plan including assessing city progress to 2020 goals 75K-100k - $75,000.00 -
No, but agencies request demonstration
of sustainability actions as requirements
in city planning documents, funding, etc.Direct
Planning Assessment $110,000 - - No Direct
Accessory Dwelling Unit (ADU) study to assess the current use and affordability of ADUs in Rolling
Hills $382,660.00 -No Direct
Housing education forums - conducted by bench of experts $101,250.00 - - - No Direct
Committees and Working Grougs - Best practices (Parks & Rec., City Managers, Community
Develop)Part-time employee ---No Direct Rolling Hills staff attend regularly
Legend:
SBCCOG Funds: 88% grants 7% dues 4% Other GF Revenues 1% Special
Assessment FY23/24 Mid-Year Budget: https://southbaycities.org/wp-
content/uploads/2024/02/FY2023-24-Mid-Year-Budget-1.pdf
In-House: Rolling Hill staff performing work
Consultant: Estimated cost for consultant to perform work (hired by city)
Opt Out: Cost if City does not perform the work
Legislative Mandate: Various legislation City is required to complete
Direct/Indirect: Work that directly/indirectly impacts RH
* City Clerk hourly rate (fully burdened) $66.19 at 80 hours a month
**Planning Director hourly rate $103.53 (fully burden) at 80 hours a month
$75,000-
$100,000
Legislative Lobbying Services
Grant Application/Writing
Training for Staff
2 Full-Time Employee
equivalent (does not
include implementation
of programs.
Information Technology
General support
Planning
$30,000.00
In 2021 RH, RPV,RHE and PVE considered a joint professional service agreement
with a consulting firm to monitor legislation as it pertains to Peninsula cities.
Ultimately, RPV was the only agency that decided to proceed with this action.
Part-time employee $8,228** -
- $100,000
Facility Equipment Inventory/Energy Efficiency
-
Part-Time Employee $5,292.20* $30,000.00 -
$5,292.20*
Part-Time Employee &
technical support from
outside consulting firm
at a cost of $25,000
-
While identifying incentives is not mandated, the state continues to mandate
equipment refrigerants and energy consumption. The SBCCOG's partnership with
the SoCalREN (energy efficiency) goes out 8 years and a lot can change in that time
period. This partnership helps ensure that cities have access to technical resources
and incentives now and in the future
In addition to completing the applications, the SBCCOG seeks opportunities to bring
funding to South Bay subregion and member cities
106
City of Rolling Hills
Cost Estimates for Work Performed by SBCCOG
Other Council of Governments 2023-2024 Membership Dues
San Gabriel Valley – COG
Formula [$5,000 base fee + $.32 per capita] X Annual CPI Adjustment = Member Dues.
The Los Angeles area CPI report for January 2023 was referenced for the annual CPI dues
adjustment. The January 2023 12-month CPI was 5.8% but was capped at 5% in the calculation of
the dues. The cap for member agency dues for FY 2023-2024 is $40,233.48.
San Gabriel Valley COG is charging the City of Industry, with a population of 244, $25,055.99 for
FY2023-24 dues (pg. 15 of their budget).
The City of Bradbury is in this COG, and their annual dues for 2023-24 were 6,725.04
Las Virgenes-Malibu - COG
Malibu, Agoura Hills, Hidden Hills, Westlake Village, Calabasas - $25,000 each.
107
MID-YEAR BUDGET
FISCAL YEAR 2023-2024
February 22, 2024
108
SBCCOG Organization Chart
Board of Directors
Jacki Bacharach
Executive Director
Jacki Bacharach
Executive Director
Wally Siembab
Research Director
Kim Fuentes
DeputyExecutive Director
Kim Fuentes
DeputyExecutive Director
Mike Bohlke
Metro Board Member Consultant
Jon Rodman
Sub-Contractor
Aaron Baum
Transportation and Fiber
Senior Project Manager
Aaron Baum
Transportation and Fiber
Senior Project Manager
David Leger
Transportation and Fiber
Senior Project Manager
David Leger
Transportation and Fiber
Senior Project Manager
JakeRomoff
Transportation & Land Use
Project Coordinator
Anne Tsai
Transportation
Civic Spark Fellow
Ronson Chu
Homeless Services
Senior Project Manager
Ronson Chu
Homeless Services
Senior Project Manager
Keenan Leary
Homeless Services
Project Coordinator
Keenan Leary
Homeless Services
Project Coordinator
Jan Parsons
Homeless Services
Project Coordinator
Jan Parsons
Homeless Services
Project Coordinator
Cathy Hetzer
Homeless Services
Project Assistant (PT)
Cathy Hetzer
Homeless Services
Project Assistant (PT)
Martha Segovia
Environmental Services
Senior Project Manager
Martha Segovia
Environmental Services
Senior Project Manager
Katty Segovia
Environmental Services
Project Coordinator
Katty Segovia
Environmental Services
Project Coordinator
Dakota Townson
Environmental Services
Project Coordinator
Dakota Townson
Environmental Services
Project Coordinator
Colleen Farrell
Communications
Senior Project Manager
Colleen Farrell
Communications
Senior Project Manager
Talia Perluss
Sustainability
Project Coordinator
Talia Perluss
Sustainability
Project Coordinator
Shawn Fujioka
Sustainability
Project Coordinator (PT)
Shawn Fujioka
Sustainability
Project Coordinator (PT)
Eleanor Murphy
Sustainability
Civic Spark Fellow
Eleanor Murphy
Sustainability
Civic Spark Fellow
David Hines
Sustainability
Civic Spark Fellow
David Hines
Sustainability
Civic Spark Fellow
Lara Gerges
Administration and Finance
Administrative Officer
Lara Gerges
Administration and Finance
Administrative Officer
Andreya Mulligan
Administration
Administrative Assistant
Natalie Champion
Administration
Administrative Assistant (PT)
Natalie Champion
Administration
Administrative Assistant (PT)
Rosemary Lackow
Administration
Administrative Assistant (PT)Legend
SBCCOG Contractor
SBBCOG Employee
Pro-Bono
Fellowship Temporary Assignment
Mike Jenkins
Legal Counsel
Last updated: 01/12/24
109
ADOPTED YTD MID-YEAR
ACTUAL BUDGET AS OF BUDGET
FY 22-23 FY 23-24 12/31/23 FY 23-24 AMOUNT PERCENT
ESTIMATED REVENUES:
Dues 392,499$ 431,063$ 427,746$ 431,063$ -$ -
Other General Fund Revenues 313,357 274,517 88,930 279,064 4,547 1.7%
Grants & Contracts Revenues 2,819,889 5,681,983 713,944 5,525,930 (156,053) -2.7%
Special Assessment 52,000 53,250 54,250 53,250 - -
Total Revenues 3,577,745$ 6,440,814$ 1,284,870$ 6,289,307$ (151,507)$ -2.35%
ESTIMATED EXPENDITURES:
Salaries & Benefits 1,201,093$ 1,735,978$ 711,465$ 1,595,101$ (140,877)$ -8.1%
Professional/Contractual 1,495,423 3,498,973 476,113 2,660,955 (838,018) -24.0%
Supplies & Services 595,109 1,424,091 552,054 2,111,088 686,997 48.2%
Audit & Other Adjustments 139,197 - - - - -
Total Expenditures 3,430,822$ 6,659,042$ 1,739,633$ 6,367,143$ (291,899)$ -4.38%
Revenues less Expenditures 146,922$ (218,228)$ (454,763)$ (77,837)$ 140,392$ -64.33%
Use of General Fund Balance 20,628 218,228 77,837 (140,392) -64.3%
167,550$ -$ (454,763)$ 0$ -$ -128.67%
RESERVES:
Total Restricted Reserve Commitment 405,000$
Reserve Goal 405,000
Reserve to be evaluated per policy in FY 28-29
INCREASE (DECREASE)
ADOPTED BUDGET FY 23-24 /
MID-YEAR BUDGET FY 23-24
SBCCOG
BUDGET SUMMARY
MID-YEAR BUDGET
FISCAL YEAR 2023-2024
110
Executive Director (JB&A) and Staff (72100
SBCCOG
ESTIMATED REVENUES / EXPENDITURES CHARTS
MID-YEAR BUDGET
FISCAL YEAR 2023-2024
7%
4%
88%
1%
ESTIMATED REVENUES FY 2023-2024:
$6,289,307
Dues Other General Fund Revenues Grants & Contracts Special Assessment
25%
42%
33%
ESTIMATED EXPENDITURES FY 2023-2024:
$6,367,143
Salaries & Benefits Professional/Contractual Supplies & Services
111
ADOPTED YTD MID-YEAR
ACCOUNT ACTUAL BUDGET AS OF BUDGET
REVENUE SOURCE:CODE FY 22-23 FY 23-24 12/31/23 FY 23-24 AMOUNT PERCENT
Dues 4020 392,499$ 431,063$ 427,746$ 431,063$ -$ -
Special Assessment 4026 52,000 53,250 54,250 53,250 - -
General Assembly Sponsorship 4050 67,500 60,000 2,500 60,000 - -
MTA South Bay Deputy 4070 109,425 112,652 49,391 112,652 - -
Interest Income 4090 65,324 36,065 25,217 36,065 - -
Green Business Assist Program 4125 7,500 7,500 7,500 7,500 - -
CIMP Dominguez Channel Admin Fee 4035 56,500 56,500 - 56,500 - -
City Staff Refreshment Contributions - New 4195 - - - 1,200 1,200 N/A
Room Usage/Rentals 4899 1,050 1,800 975 1,800 - -
Miscellaneous Revenue 4999 6,058 - 3,347 3,347 3,347 N/A
Sub-total General Fund Revenues 757,856$ 758,830$ 570,926$ 763,377$ 4,547$ 0.60%
GBN Hawthorne 4126 30,000$ 30,000$ -$ 30,000$ -$ -
GBN Torrance 4127 30,000 15,000 - 15,000 - -
GBN El Segundo 4128 27,000 24,500 16,050 24,500 - -
DWP Outreach 4512 40,000 40,000 13,333 40,000 - -
SCG Contract 4513 - 83,333 24,002 50,000 (33,333) -40.0%
WBMWD Contract 4520 159,211 170,740 77,480 170,740 - -
Sanitation District 4525 49,000 49,000 12,250 49,000 - -
Torrance Water 4540 25,375 29,000 3,625 29,000 - -
Water Replenishment District 4610 66,000 72,000 18,000 72,000 - -
Metro Express Lane 4546 48,000 48,000 24,000 48,000 - -
Measure R Hwy 4570 16,563 15,000 3,330 7,830 (7,171) -47.8%
Measure R Transit/Transfer 4571 43,779 9,000 1,911 3,911 (5,089) -56.5%
Measure M MSP 4611 18,031 20,000 9,452 15,452 (4,549) -22.7%
Measure M LTN 4572 310,451 190,000 79,089 190,000 - -
MOEV 4573 11,984 3,016 - - (3,016) -100.0%
PACE (Ygrene)4580 105 100 - - (100) -100.0%
Integrated Pest Management 4589 10,000 10,000 - 10,000 - -
Energy Coalition (REN)4592 252,292 172,995 89,405 107,596 (65,399) -37.8%
LA County REN - New new - - - 150,000 150,000 N/A
ICF Resources (REN)4593 26,259 12,816 3,656 12,816 - -
Homeless (PATH)4600 13,157 16,667 6,250 12,500 (4,167) -25.0%
Homeless: LA County Innovation Fund 4602 821,254 715,678 122,793 850,293 134,615 18.8%
Homeless: LA County Local Solutions Fund 4604 - 2,247,375 - 2,344,214 96,839 4.3%
South Bay Fiber Network (SBFN)/Broadband 4612 445,876 532,182 46,253 556,182 24,000 4.5%
Fiber - State of CA 4613 27,254 75,000 25,039 75,000 - -
SCAG REAP 4011 348,297 595,856 138,027 163,896 (431,960) -72.5%
LATA Grant 4574 - 498,000 - 498,000 - -
Sub-total Grant Revenues 2,819,889$ 5,675,258$ 713,944$ 5,525,930$ (149,328)$ -2.63%
Unrealized Investment Gain/(Loss)new - - - - - -
Proceeds from Lease 4910 - - - - - -
Total Estimated Revenues 3,577,745$ 6,440,814$ 1,284,870$ 6,289,307$ (144,781)$ -2.25%
FISCAL YEAR 2023-2024
MID-YEAR BUDGET FY 23-24
REVENUE DETAILS BY ACCOUNT
MID-YEAR BUDGET
INCREASE (DECREASE)
ADOPTED BUDGET FY 23-24 /
112
ADOPTED YTD MID-YEAR
ACCOUNT ACTUAL BUDGET AS OF BUDGET
EXPENDITURE CATEGORY CODE FY 22-23 FY 23-24 12/31/23 FY 23-24 AMOUNT PERCENT
Salaries/Regular 6010 896,895$ 1,332,635$ 535,351$ 1,203,286$ (129,349)$ -9.7%
Salaries/Part-Time 6030 82,091 133,850 55,194 137,818 3,968 3.0%
Overtime 6011 3,497 6,035 113 1,125 (4,910) -81.4%
Medical/Deferred Comp 6012 98,807 131,600 47,670 109,445 (22,155) -16.8%
Life Insurance 6013 1,632 2,369 969 3,707 1,338 56.5%
Social Security 6014 64,265 83,290 38,473 83,922 632 0.8%
Medicare 6015 15,030 19,323 8,998 19,627 304 1.6%
FUTA 6016 1,090 1,219 650 1,779 560 45.9%
California SUI-ER 6017 4,812 5,460 4,223 4,914 (546) -10.0%
Workers' Comp 6018 11,047 9,858 4,252 9,211 (647) -6.6%
Employee Phone Stipends 6019 15,590 10,340 4,173 8,866 (1,474) -14.3%
Vacation/Floating Holiday Payoff 6020 6,336 - 11,402 11,402 11,402 N/A
Sub-total Salaries & Benefits 1,201,093$ 1,735,978$ 711,465$ 1,595,101$ (140,877)$ -8.12%
Office Supplies 6201 6,760$ 7,500$ 1,652$ 7,500$ - -
Postage 6202 1,249 1,280 128 500 (780) -60.9%
Refreshments 6203 11,303 12,000 6,668 12,000 - -
Dues to Outside Organizations - Renamed 6204 9,431 15,000 11,731 15,000 - -
Mileage & Parking Reimbursements 6205 3,636 5,000 1,836 5,000 - -
Meetings/Conferences 6206 7,190 10,000 2,229 10,000 - -
Special Events/General Assembly 6224 46,681 45,000 504 45,000 - -
Staff Training/Development 6207 1,304 5,000 648 5,000 - -
Newsletter 6208 11,071 12,000 9,059 12,000 - -
Audit Fees 6209 6,000 6,200 6,120 6,120 (80) -1.3%
Contractual Services 6210
1,079,823 3,426,873 404,013 2,588,855 (838,018) -24.5%
Management Services (JB&A) 6211 415,600 72,100 72,100 72,100 - -
Rent 6212
(34,922) 138,091 92,458 138,091 - -
Equipment Lease 6213 321 5,000 5,250 5,000 - -
Telephone 6214 8,153 9,600 3,570 9,600 - -
IT Services/Maintenance 6215 38,726 38,195 18,280 38,195 - -
Software/Hardware 6216 26,455 30,047 9,269 30,047 - -
Liability Insurance 6217 1,816 2,070 - 2,070 - -
Subscription/Advertising 6218 349 1,000 1,624 2,000 1,000 100.0%
Specialty Legal Services 6220 4,473 15,000 20,883 30,000 15,000 100.0%
City Reimbursements (Homeless Services)6222 435,228 1,058,109 344,139 1,717,965 659,856 62.4%
Miscellaneous Expenses 6225 9,888 8,000 16,005 20,000 12,000 150.0%
Sub-Total Supplies & Services 2,090,533$ 4,923,064$ 1,028,167$ 4,772,042$ (151,022)$ -3.07%
Moving Expenses 6221 - - - - - -
General Operation Expenses 6000 - - - - - -
Debt Service - Principal 6227 135,537 - - - - -
Debt Service - Interest 6228 3,661 - - - - -
Capital Outlay 6229 - - - - - -
Total Operating Expenditures 3,430,822$ 6,659,042$ 1,739,633$ 6,367,143$ (291,899)$ -4.38%
MID-YEAR BUDGET FY 23-24
ADOPTED BUDGET FY 23-24 /
EXPENDITURE DETAILS BY ACCOUNT
MID-YEAR BUDGET
FISCAL YEAR 2023-2024
INCREASE (DECREASE)
113
Fund Balance for June 30, 2023 per Audited Financial Statement 347,833$
Retention & Receivables Not Collected Within 90 Days of the Fiscal Year-End 711,306
Restricted Reserve Commitment (Recently Revised): (405,000)
Adjusted Fund Balance for June 30, 2023 654,139$
Adopted Revenue Budget FY23-24 6,440,814$
Midyear Adjustments:
General Fund Revenues 4,547
Grant Revenues (149,328)
Special Assessment -
Total Revenue Adjustments (144,781)
Adjusted Revised Revenue Budget FY23-24 6,296,033
Adopted Expenditure Budget FY23-24 (6,659,042)$
Midyear Adjustments:
Salaries & Benefits 140,877
Supplies & Services 151,022
Total Expense Adjustments 291,899
Adjusted Revised Expenditure Budget FY23-24 (6,367,143)
Estimated Fund Balance June 30, 2024 (Revenue over Expenditures) 583,028$
SBCCOG
CALCULATION OF ESTIMATED FUND BALANCE
FOR JUNE 30, 2024
Note: The SBCCOG has received a $1.2 million advance from the State of California for the fiber network, of which $132,464 has been
expended. The balance of $1.067 million is not part of the fund balance and is currently showing as a liability. The liability is offset by cash
received. Should the funds not be used, they will be returned to the State.
114
POSITION RANGE CONTRACTUAL SERVICES - 6210 ADOPTED
BUDGET
YTD AS OF
12/31/2023
MID-YEAR
BUDGET
AMOUNT
IN/DECREASE
PERCENTAGE
IN/DECREASE
Accountant $66,560 - $85,102 Research Director - Siembab Corp.75,000 34,770 75,000 - -
Administrative Assistant (Hourly) 32,240 - 70,000 Metro Deputy - Mike Bohlke 110,821 60,283 115,569 4,748 4%
Administrative Officer 95,000 - 130,000 Broadband/Measure M Fiber Contractors (ADF & Magellan)509,182 24,234 509,182 - -
Deputy Executive Director 120,000 - 164,102 Homeless Services Contractors 1,494,944 45,995 1,082,645 (412,299) -28%
Executive Director 175,000 - 210,000 SCAG-REAP Contractors 485,856 110,194 110,194 (375,662) -77%
Project Coordinator 66,560 - 72,400 Measure M LTN Contractors 55,331 7,385 15,724 (39,607) -72%
Project Manager 72,400 - 82,400 LTN GIS - Jon Rodman 16,520 3,096 16,520 - -
Senior Project Manager 82,400 - 92,400 CivicSpark - 3 Fellows 93,000 46,500 93,000 - -
Program Manager 102,400 - 112,400 Rosemary Lackow - Technical Support Contractor 10,000 2,508 10,000 - -
Senior Program Manager 112,400 - 122,400 LATA Grant Consultant 398,866 34,749 397,866 (1,000) -
Project Assistant (Hourly) 32,240 - 50,000 Temporary Staffing Agency 59,853 26,770 34,300 (25,553) -43%
Intern (Hourly) 32,240 - 50,000 Accounting Services (Eide Bailly)15,000 7,530 26,355 11,355 76%
Part-Time Hourly Staff 15.5 - 25 / hour Graphic Design 2,500 - 2,500 - -
Additional Consultants or Staff 100,000 - 100,000 - -
Estimated Contractual Services Expenses FY 2023-2024 3,426,873 404,013 2,588,855 (838,018) -24%
SBCCOG
APPROVED SALARY SCHEDULE BY POSITION /
LABOR AND SERVICES DISTRIBUTION
MID-YEAR BUDGET
FISCAL YEAR 2023-2024
115
ACRONYM DEFINITION ACRONYM DEFINITION
CALCOG California Council of Governments LARC Los Angeles Regional Coalition
CAP Climate Action Plan LATA Local Agency Technical Assistance
CA-SUI California State Unemployment Insurance LGSEC Local Government Sustainability Energy Coalition
CEC California Energy Commission LTN Local Travel Network
CIMP Coordinated Integrated Monitoring Program MEL Metro Express Lanes
CPUC California Public Utilities Commission MTA Metropolitan Transportation Authority
DWP Department of Water & Power ODC Other Direct Costs
ETRM Electronic Reference Technical Manual PACE Property Assessed Clean Energy
EUC Energy Upgrade California PATH People Assisting the Homeless
EV Electric Vehicle PUC Public Utilities Commission
FTE Full Time Equivalent REAP Regional Early Action Planning
FUTA Federal Unemployment Tax Act REN Regional Energy Network
FY Fiscal Year SB South Bay
GA General Assembly SBCCOG South Bay Cities Council of Governments
GBC Green Building Challenge SBFN South Bay Fiber Network
GBN Green Business Network SBWIB South Bay Work Investment Board
GSW Golden State Water SCAG Southern California Association of Governments
HERO Home Energy & Resources Organization SCE Southern California Edison
HLE Holiday Light Exchange SCG Southern California Gas
ICLEI International Council for Local Environmental Initiatives SPA Service Planning Area
LA Los Angeles WBMWD West Basin Metropolitan Water District
LADWP Los Angeles Department of Water & Power WRCOG Western Riverside Council of Government
LAIF Local Agency Investment Fund WRD Water Replenishment District
FISCAL YEAR 2023-2024
MID-YEAR BUDGET
LIST OF ACRONYMS USED
SBCCOG
116
Budget Summary
The mid-year budget for FY 2023-24 continues to reflect a deficit budget, which is covered with the use of the unrestricted fund balance.
The FY 2023-24 adopted budget included $218,228 from the unrestricted fund balance which has now been reduced to $77,837 (a 64%
decrease) with this mid-year budget. While revenues are anticipated to decrease by $144,781 (2.25%), expenditures are also anticipated to
decrease by $291,899 (4.38%) compared to the adopted FY 2023-24 budget.
The revenue decrease is primarily due to SCAG REAP 2 postponement and reduced activity required for contract completion. The
expenditures decrease is due to staffing changes, and adjustments to both contract services for REAP 2 postponement as well as city
reimbursements due to LA County contract delays.
It is important to note that the California Green Business Network (CAGBN) contracts between the SBCCOG and the cities of El Segundo,
Hawthorne, and Torrance have been terminated due to state budget cuts and will not be included in the FY 2024-25 budget. In addition,
the Torrance Water contract partnership has been terminated and will also not be included in the FY 2024-25 budget.
The narrative below highlights overall budget changes with explanations for significant variances (+/-5%).
Revenue
The following are explanations of the revenue increases (and decreases) with the corresponding account codes and descriptions of the
revenue categories:
4513: SCG Contract – decrease of $33,333 due to funding rollover to FY 2024-25
4570: Measure R Hwy – decrease of $7,171 based on FY 2023-24 YTD spend
4571: Measure R Transit/Transfer – decrease of $5,089 based on FY 2023-24 YTD spend
4611: Measure M MSP – decrease of $4,549 based on FY 2023-24 YTD spend
4573: MOEV – decrease of $3,016 due to project work on hold until FY 2024-25
4580: PACE (Ygrene) – decrease of $100 due to overall program inactivity
4592: Energy Coalition (REN) – decrease of $65,399 due to change in contract administrator which is now LA County
NEW LA County (REN) – $150,000 received; $85,000 more than projected
4600: PATH – decrease of $4,167 due to contract ending, being replaced by a $50,000 contract for SD2 and SD4
4602: Homeless - LA County Innovation Fund – increase of $134,615 due to funding rollover from FY 2022-23
4604: Homeless - LA County Local Solutions Fund – increase of $96,839 due to contract increase
117
4612: South Bay Fiber Network (SBFN)/Broadband – increase of $24,000 based on FY 2023-24 YTD spend and delayed billing from
contractors
4011: SCAG REAP – decrease of $431,960 due to delayed funding for REAP 2.0 ($585,000); only permitted to bill for administrative
tasks
Expenditures
The following are explanations of the expenditure increases (and decreases) with the corresponding account codes and descriptions of
the expenditure categories:
Salaries & Benefits – overall decrease of $140,877
6010: Salaries/Regular – decrease of $129,349 due to changes in staffing needs because of reduced contracts
6011: Overtime – decrease of $4,910 due to changes in staffing needs
6012, 6013, 6016-6018: Benefits – overall decrease of $21,450 reflecting applicable rates based on current and anticipated staffing
6019: Employee Phone Stipends (Formerly known as Employee Reimbursable Expense) – decrease of $1,474 due to accounting
adjustments/reclassifying expenses
6020: Vacation/Floating Holiday Payoff – increase $11,402 due to staffing changes
Supplies & Services – overall decrease of $151,022
6202: Postage – decrease of $780 based on the current needs of the organization
6209: Audit Fees – decrease of $80 due to previously overbudgeting for GASB 87 implementation
6218: Subscription/Advertising – increase of $1,000 for job posting advertisements
6220: Specialty Legal Services – increase of $15,000 due to increased need
6222: City Reimbursements – increase of $659,856 due to combining Innovation Fund, the new Local Jurisdiction/Solutions
contracts, and additional city programs
6225: Miscellaneous Expenses – increase of $12,000 mostly due to unanticipated expenses incurred for implementing El Segundo’s
Local Travel Network (LTN), which is a passthrough
6210: Contractual Services – overall decrease of $838,018 (24%)
Metro Deputy: Mike Bohlke – increase of $4,748 due to finalized increase per Metro
118
Homeless Services Contractors – decrease of $412,299 with Innovation Fund and the new Local Jurisdiction/Solutions contracts
combined along with the reduced need for outside contractors
SCAG-REAP Contractors – decrease of $375,662 due to REAP 2.0 funding postponement
Measure M LTN Contractors – decrease of $39,607 based on contract revision
LATA Grant Consultant – decrease of $1,000 now that contract has been finalized
Temporary Staffing Agency – decrease of $25,553 as contracted employee has been converted to SBCCOG personnel
Accounting Services (Eide Bailly) – increase of $11,355 as firm (vs. an individual accountant) has been contracted, in support of
routine bookkeeping functions due to the increased number of contracts and complexity of new GASB reporting requirements
119
Agenda Item No.: 14.B
Mtg. Date: 03/11/2024
TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM:CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO
CITY MANAGER
THRU:KARINA BAÑALES, CITY MANAGER
SUBJECT:DISCUSSION REGARDING AT&T'S APPLICATIONS TO THE
CALIFONIA PUBLIC UTILITIES COMMISSION REQUESTING
REMOVAL OF OBLIGATION TO PROVIDE TRADITIONAL LANDLINE
PHONE SERVICE WITHIN THEIR SERVICE TERRITORY AS CARRIER
OF LAST RESORT AND REQUEST TO GIVE UP ITS DESIGNATION AS
AN ELIGIBLE TELECOMMUNICATIONS CARRIER (COUNCILMEMBER
DIERINGER)
DATE:March 11, 2024
BACKGROUND:
In March 2023, AT&T sent a formal request to the California Public Utilities Commission
(CPUC) for:
1. Approval to be relieved of its Carrier of Last Resort (COLR) obligations in certain areas
of California. If approved, AT&T would no longer be required to offer landline telephone
service where it is currently required to offer Basic Service in those areas. Basic Service
includes nine service elements such as Lifeline rates for eligible customers, free access
to 9-1-1, Telephone Relay Service, and directory and operator services. (A.23-03-003)
2. Approval to give up its designation as an Eligible Telecommunications Carrier (ETC),
which is a telephone company that operates in a specific geographic area that receives
financial assistance from the federal government-established Universal Service Fund to
provide high-quality and affordable telephone service to customers at all income levels.
(A.23-03-002)
According to its application, if approved, AT&T has committed to providing service for at least
six months after the CPUC approves the application. AT&T would communicate with
customers about the process of changing traditional landline phone service to either a different
voice service available from AT&T or a voice service offered by another provider. AT&T would
remain the COLR in areas where no alternative voice services are yet available and continue
to provide traditional landline phone service to its customers until proven alternatives become
available.
120
WHAT IS A CARRIER OF LAST RESORT (COLR)?
At least one telephone company in a specified area is legally required to provide access to
traditional landline telephone service to anyone in its service territory who requests it. This is
known as the Carrier of Last Resort obligation, which ensures that everyone in California has
access to safe, reliable, and affordable telephone service. AT&T is the designated COLR in
many parts of the state and is the largest COLR in California.
IMPACT
If approved, AT&T would no longer be required to offer landline telephone service where it is
currently required to offer Basic Service in those areas. Basic Service includes nine service
elements such as Lifeline rates for eligible customers, free access to 9-1-1, Telephone Relay
Service, and directory and operator services. An area without a COLR could mean that there
would be no landline telephone company serving that area and that there could possibly be no
landline.
WHAT IS AN ETC?
An ETC is a telephone company operating in a specific geographic area, that receives
financial assistance from the federal government-established Universal Service Fund (USF) to
provide high quality, and affordable telephone service to customers at all income levels in
specific geographic areas. One example of a program funded by the USF is the federal
Lifeline. While funding for this program is provided by the federal government, each state
determines a telephone company's eligibility for ETC designation. In California, a company's
eligibility for federal funds is determined by the CPUC.
DOES AN ETC PROVIDE CALIFORNIA A LifeLine?
In California, the CPUC also approves and denies applications for state funding for programs
to provide universal support, including California LifeLine. An ETC may be a provider of
California LifeLine as well as federal Lifeline, but eligibility to provide California LifeLine is not
limited to only ETC providers.
SUPPORT AS STATED IN AT&T CALIFORNIA COLR APPLICATION SUMMARY OF
PARTY PETITION (Attachment A):
Beginning in the 1990s, there has been a transition from AT&T California’s local telephone
monopoly to today’s voice service offerings provided by a variety of providers, wired and
wireless. In 1996, to ensure that everyone could receive phone service during the transition,
the Commission assigned AT&T California to be the carrier of last resort (“COLR”) and
required it to extend its copper network to any location in its service territory. Now, twenty-
seven years later, after about 90 percent of AT&T California’s former customers have left its
plain old telephone service (“POTS”) for voice services over mobile wireless or broadband
connections, AT&T California has filed an application with the California Public Utilities
Commission to end its COLR obligation and the associated state regulatory requirements in
areas that are served by another voice provider.
AT&T has also provided a fact sheet and two frequently asked questions, attachments C, D,
and E.
PUBLIC PARTICIPATION
The public is invited to participate in a public forum regarding AT&T’s application A23-03-003
requesting that AT&T be relieved of its COLR obligations in certain areas of California. If
approved, AT&T would no longer be required to offer traditional landline telephone service in a
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large portion of its service territory in California.
The CPUC will hold in-person public forums on March 14, 2024, and virtual public forums on
March 19, 2024.
Written comments can be submitted at any time during the proceeding using the “Add Public
Comment” button on the CPUC Docket Card for A23-03-003 at
https://apps.cpuc.ca.gov/c/A2303002. The public may submit multiple public comments
throughout the proceeding. (Attachment F)
OPPOSITION
The Joint Consumer Advocates, which includes The Public Advocates Office at the California
Public Utilities Commission (Cal Advocates), The Utility Reform Network (TURN), the Center
for Accessible Technology (CforAT), the Rural County Representatives of California (RCRC),
and the Tahoe Energy Ratepayers Group (Tahoe ERG), submitted the following information as
a summary (Attachment A):
What is this proceeding about?
At least one telephone company in your area is legally required to provide access to
phone service to anyone in its service territory who requests it. This is known as the
Carrier of Last Resort (COLR) obligation, which ensures that everyone in California has
access to reliable phone service. AT&T is the designated COLR in your area.
AT&T is asking the CPUC to allow it to decide whether you can get AT&T telephone
service, even if there is no other telephone provider in your area who is obligated to
provide service.
AT&T is asking the CPUC to change the rules and remove the safety net that guarantees
access to affordable, quality phone service.
How could this affect my community?
If the CPUC grants AT&T's request:
No telephone provider would be obligated to provide you service in AT&T's service area.
AT&T could decide to not provide service to you as soon as six months after the
application is granted.
You could be required to pay more for telephone service, receive lower quality service,
buy phone service as part of an expensive "bundle," or depend on cell service (which is
not reliable or available in some areas).
If you live in a Mountain Community you may not be able to maintain a landline as
emergency backup for when there are outages due to cell phone network being
damaged or destroyed by winter storms, wildfires, or other severe weather events.
If you are a LifeLine customer or Deaf and Disabled Telecommunications (DDTP)
customer, you may not be able to obtain those services. As a COLR, AT&T is legally
required to provide low-cost telephone service to low-income households through the
LifeLine program.
If you have special medical equipment or other technology (such as a fire alarm or
security system), it may no longer function.
Public Advocates Office Background
California's telecommunications policy includes an ongoing commitment to universal service
by assuring the continued affordability and widespread availability of high-quality
telecommunications services. The CPUC has deemed COLR obligations an important
component of universal access to communications services because these obligations ensure
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that customers who want service, receive it.
In March of 2023, AT&T filed for permission to abandon its obligation to offer phone service to
anyone who requests it in its service territory, impacting approximately 29.5 million
Californians and over 500,000 traditional landline customers with no guarantee of phone
service. AT&T has failed to identify a replacement carrier of last resort and no equivalent
pathway to guarantee universal service in its place. If AT&T’s application is granted, the
decision would mostly serve to harm our most vulnerable populations, including low-income
customers who participate in the LifeLine program, which provides discounted home phone
and cell phone services to qualified households and those who participate in the Deaf and
Disabled Telecommunications Program which provides communications equipment and
services to persons with disabilities.
Public Advocates Office Position
The CPUC should dismiss AT&T's Application with prejudice. In addition to their motion to
dismiss AT&T's application, their office has also asked the CPUC to consider the following:
Require AT&T to cure all chronic service quality issues prior to any grant to relinquish
carrier of last resort obligations.
Require AT&T to develop and provide a migration plan to assist impacted customers in
transitioning to a new provider if a new carrier of last resort is designated.
Assess the environmental impact of AT&T's 200,000 miles of lead-sheathed copper
cables in accordance with the California Environmental Quality Act and the CPUC's
Environmental Social Justice Plan to determine whether a new carrier of last resort
would incur legal liability.
Assess the impact of AT&T's withdrawal regarding customer public-purpose programs,
such as customers enrolled in the Affordable Connectivity Plan (in addition to those
enrolled in the California Lifeline program and the Deaf and Disabled
Telecommunications Program).
Regional Opposition: Las Virgenes Malibu COG, City of Hidden Hills (Attachment G), Cal
Cities Los Angeles Division.
DISCUSSION:
Based on an AT&T service area map included in public notices (Attachment B), the City of
Rolling Hills falls outside of the areas impacted by AT&T's application, with the potential
exception of some properties on Eastfield Drive, Roundup Road, and Outrider Road. Staff has
requested more granular data from AT&T to determine if any households in this small section
are actually affected.
FISCAL IMPACT:
None.
RECOMMENDATION:
Receive and file. Provide direction to staff.
ATTACHMENTS:
Attachment A - CL_AGN_240311_CC_AT&T_COLR_SummaryOfPartyPositions.pdf
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Attachment B - CL_AGN_240311_CC_AT&T_COLR_ETC_PPH_FactSheet.pdf
Attachment C - CL_AGN_240311_CC_AT&T_COLR_Map.pdf
Attachment D - CL_AGN_240311_CC_AT&T_CA_Modernization_Network_FAQs.pdf
Attachment E - CL_AGN_240311_CC_AT&T_CA_Modernization_Public Safety_FAQs.pdf
Attachment F - CL_AGN_240311_CC_PublicForumFlyer_ATT_A23.03-003.pdf
Attachment G - CL_AGN_240311_CC_HiddenHills_Letter.pdf
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BEFORE THE PUBLIC UTILITIES COMMISSION
OF THE STATE OF CALIFORNIA
Application of Pacific Bell Telephone Company
d/b/a AT&T California (U 1001 C) for Targeted
Relief from Its Carrier of Last Resort Obligation
and Certain Associated Tariff Obligations.
A.23-03-003
(Filed March 3, 2023)
SUMMARY OF PARTY POSITIONS FOR PACIFIC BELL TELEPHONE
COMPANY D/B/A AT&T CALIFORNIA (U 1001 C) AND INTERVENORS
Isabelle Salgado
Nelsonya Causby
AT&T Services, Inc.
430 Bush Street, Sixth Floor
San Francisco, CA 94108
Tel: (415) 268-9493
Email: nelsonya.causby@att.com
Maureen R. Jeffreys
Arnold & Porter Kaye Scholer LLP
601 Massachusetts Avenue, N.W.
Washington, D.C. 20001
Tel: (202) 942-6608
Email: maureen.jeffreys@arnoldporter.com
C. Frederick Beckner III
Sidley Austin LLP
1501 K Street, N.W.
Washington, D.C. 20005
Tel: (202) 736-8874
Email: rbeckner@sidley.com
Attorneys for AT&T California
January 16, 2024
FILED
01/16/24
04:59 PM
A2303003
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In compliance with Section 4 and Ruling 2 of the Administrative Law Judge’s Ruling
Noticing Public Participation Hearings and Additional Instructions for Applicant dated
December 4, 2023 (“Ruling”), Pacific Bell Telephone Company d/b/a AT&T California (U 1001
C) (“AT&T California”) hereby files and serves the attached summary of the party positions in
this proceeding. As required by the Ruling, AT&T California organized meet and confer
meetings to discuss a one-page (double-sided) summary of the parties’ respective positions on
the issues that are in the scope of this proceeding and provided notice to all parties of the
meetings. Specifically, on January 9, 2024, AT&T California held an initial meet and confer,
attended by California Public Advocates Office (“Cal Advocates”), Center for Accessible
Technology (“CforAT”), and Tahoe Energy Ratepayers Group (“Tahoe ERG”). Subsequently,
AT&T California held a second meet and confer on January 11, 2024, attended by Cal
Advocates, The Utility Reform Network, CforAT, and Tahoe ERG (collectively with Rural
County Representatives of California, “Intervenors”).
As directed in the Ruling, the attachment hereto includes the summaries from AT&T
California and Intervenors.
[Signature page follows]
126
2
Dated: January 16, 2024
Respectfully submitted,
/s/ Nelsonya Causby
Isabelle Salgado
Nelsonya Causby
AT&T Services, Inc.
430 Bush Street, Sixth Floor
San Francisco, CA 94108
Tel: (415) 268-9493
Email: nelsonya.causby@att.com
Maureen R. Jeffreys
Arnold & Porter Kaye Scholer LLP
601 Massachusetts Avenue, N.W.
Washington, D.C. 20001
Tel: (202) 942-6608
Email: maureen.jeffreys@arnoldporter.com
C. Frederick Beckner III
Sidley Austin LLP
1501 K Street, N.W.
Washington, D.C. 20005
Tel: (202) 736-8874
Email: rbeckner@sidley.com
Attorneys for AT&T California
127
SUMMARY OF PARTY POSITIONS
A.23-03-003
128
AT&T California’s COLR Application Summary
Beginning in the 1990s, there has been a transition from AT&T California’s local telephone
monopoly to today’s voice service offerings provided by a variety of providers, wired and wireless.
In 1996, to ensure that everyone could receive phone service during the transition, the Commission
assigned AT&T California to be the carrier of last resort (“COLR”) and required it to extend its
copper network to any location in its service territory. Now, twenty-seven years later, after about 90
percent of AT&T California’s former customers have left its plain old telephone service (“POTS”)
for voice services over mobile wireless or broadband connections, AT&T California has filed an
application with the California Public Utilities Commission to end its COLR obligation and the
associated state regulatory requirements in areas that are served by another voice provider.
The outdated COLR obligation effectively forces AT&T California to maintain its old
copper-wire network to provide POTS throughout its service territory—in addition to the modern
fiber and wireless broadband networks AT&T is working to extend across California.
The enormous benefits of transitioning from copper to broadband are beyond dispute.
High-speed broadband enables online learning, remote work, economic advancement, civic
engagement, Next Generation 911 capabilities, and access to government and other services. Fiber
networks also are more resilient and use less energy than copper networks, benefiting public safety
and the environment. In short, the faster this transition occurs, the better it will be for California.
Almost all (99.95 percent) consumers in AT&T California’s service territory live in areas with
at least one comparably or lower-priced broadband (for example, cable company) or mobile wireless
voice alternatives to POTS (and 99.9 percent live in areas with at least two alternatives available).
These customers with other options do not need AT&T California to be the COLR—especially
since mobile wireless and broadband voice support 911 dialing, access for people with disabilities,
and other critical functions as well as or better than POTS.
AT&T California will continue providing POTS services to customers for at least six months
after approval of the Application. AT&T California will provide notice before any changes to
customers’ POTS services. For the few customers who currently lack an alternative, AT&T
California will continue offering voice service on the same terms after approval of its application
until an alternative arrives. Approval of the application thus would harm no one while bringing
major benefits to California communities.
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A.23-03-003: JOINT CONSUMER ADVOCATES’*
PUBLIC PARTICIPATION HEARING HANDOUT
* The Public Advocates Office at the California Public Utilities Commission (Cal Advocates), The Utility
Reform Network (TURN), the Center for Accessible Technology (CforAT), the Rural County
Representatives of California (RCRC), and the Tahoe Energy Ratepayers Group (Tahoe ERG).
WHAT IS THIS PROCEEDING ABOUT?
x At least one telephone company in your area is legally required to provide access to phone
service to anyone in its service territory who requests it. This is known as the Carrier of Last
Resort (COLR) obligation which ensures that everyone in California has access to reliable
phone service. AT&T is the designated COLR in your area.
x AT&T is asking the CPUC to allow it to decide whether you can get AT&T telephone service,
even if there is no other telephone provider in your area who is obligated to provide service.
x AT&T is asking the CPUC to change the rules and remove the safety net that guarantees access
to affordable, quality phone service.
HOW COULD THIS AFFECT ME AND MY COMMUNITY?
If the CPUC grants AT&T’s request:
x No telephone provider would be obligated to provide you service in AT&T’s service area.
x AT&T could decide to not provide service to you as soon as six months after the application is
granted.
x You could be required pay more for telephone service, receive lower quality service, buy phone
service as part of an expensive “bundle,” or depend on cell service (which is not reliable or
available in some areas).
x If you live in a Mountain Community you PD\ not be able to maintain a landline as emergency
backup for when there are outages due to cell phone network being damaged or destroyed by
winter storms, wildfires, or other severe weather events.
x If you are a LifeLine customer or Deaf and Disabled Telecommunications (DDTP) customer,
you may not be able to obtain those services. As a COLR, AT&T is legally required to provide
low-cost telephone service to low-income households through the LifeLine program.
x If you have special medical equipment or other technology (such as a fire alarm or security
system), it may no longer function.
WHAT CAN I DO ABOUT IT?
Join a Public Participation Hearing and share with CPUC leadership how you and your community
rely on and benefit from your telephone service, especially if you subscribe to LifeLine or DDTP
services.
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CPUC Public Participation Hearings
Background
In March 2023, AT&T submitted two applications to the California Public Utilities Commission (CPUC) to start
the process for an orderly transition to IP-enabled wireless and fiber networks.
One of AT&T’s CPUC applications, if approved, would remove AT&T’s obligation under California law to provide
traditional phone service in a large portion of our service territory in California – known as Carrier of Last
Resort (COLR). AT&T’s COLR obligation means that we must provide traditional landline phone service to any
potential customer in our service territory. However, the COLR obligation no longer makes sense given that
almost everyone in AT&T California’s service territory can choose among several comparable or lower-priced
wireline and wireless alternatives to traditional telephone landlines for voice service.
Why this is Important
AT&T believes that it’s imperative all California consumers have access to modern communications services
and technologies, and our ongoing, significant investments complemented by those of other providers are
establishing a modern communications infrastructure across the state. By transitioning away from the
underutilized landline telephone network, we can invest more resources in high-speed fiber-based
infrastructure to expand broadband access and adoption.
If the CPUC approves AT&T’s applications as proposed:
• AT&T would continue providing traditional landline phone service to existing customers until all
federal and state regulatory processes are completed. AT&T has also committed to providing service to
existing traditional landline phone customers for at least six months after the CPUC approves the
application for COLR relief.
• AT&T would still be required to provide telephone service in areas where no alternative voice services
are yet available and continue to provide traditional landline phone service to our customers until
proven alternatives become available.
Upcoming Public Participation Process
As part of the process, the CPUC is hosting in-person and virtual public forums to receive public comments,
concerns and opinions regarding AT&T’s filings. During the hearings, stakeholders can provide public
comments and speak with a CPUC Administrative Law Judge regarding this proceeding. By participating and
sharing your perspective, you can assist the CPUC in making a well-informed decision.
Date & Time Venue
February 6, 2024
2:00 pm and 6:00 pm
Clovis City Council Chambers
1033 5th St., Clovis, CA 93612
February 22, 2024
2:00 pm and 6:00 pm
Mendocino County Board of Supervisors
501 Low Gap Road, Room 1070, Ukiah, CA 95482
March 14, 2024
2:00 pm and 6:00 pm
Indio City Hall Council Chambers
100 Civic Center Mall, Indio, CA 92201
March 19, 2024
2:00 pm and 6:00 pm
Virtual
We believe that these PPHs serve as a valuable opportunity for stakeholder input and public comment and
encourage California residents and businesses to participate.
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132
1
California Network Modernization: FAQ
Will California customers lose service?
• No California AT&T customer will be left without service.
• We are simply seeking an approved process to help consumers transition from
outdated services to modern services.
Does this mean that customers won’t have a home landline?
• No. We are not cancelling landline service in California, and none of our California
traditional copper-based customers will lose access to voice service.
• We are focused on enhancing our network with more advanced, higher speed
technologies like fiber and wireless, which consumers are demanding.
Will California consumers have access to 911 services?
• No customers are being disconnected.
• Our customers will continue to have access to 911, and newer digital voice services
have access to 911 and use technology that makes it quicker and easier for customers
to reach first responders.
Will Californians access to affordable services?
• Today, Californians have access to mobile wireless and VoIP alternatives that are at
least as affordable as copper-based landline service.
• AT&T also offers Access from AT&T, which provides low-cost internet service for
eligible households with plans up to $30/mo. and speeds up to 100Mbps where
available.
How will California’s rural residents be impacted?
• No AT&T California customer is being left behind.
• We’re working to transition our remaining consumers who use traditional copper-
based phone service to upgrade to newer technologies from us or other providers.
• We are focused on enhancing our network with more advanced, higher speed
technologies like fiber and wireless, which consumers are demanding.
What about location accuracy of 911 calls for wireless and VoIP phones?
• Today, 911 operators can locate you nearly anywhere—from the side of a highway to
inside your home—all thanks to decades of innovation in wireless location accuracy
technologies.1
• The Federal Communications Commission (FCC) requires that providers of
interconnected VoIP telephone services using the Public Switched Telephone Network
(PSTN) to meet Enhanced 911 (E911) obligations. E911 systems automatically provide
emergency service personnel with a 911 caller's call-back number and, in most cases,
location information.2
1 https://www.ctia.org/news/blog-the-wireless-industrys-commitment-to-9-1-1-location-accuracy
2 https://www.fcc.gov/consumers/guides/voip-and-911-service
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2
What are the benefits for California’s seniors using wireless services?
• According to the Pew Research Center, 94% of seniors (65 and older) in America own a
cellphone of some kind, and 76% of seniors own a smartphone (Pew Research)
including 94% of those 65 and older.3
• The benefits to senior of using modern technology include for telehealth services,
staying connected with loved ones, keeping mentally fit, having access to emergency
alerts and the ability to track and manage health conditions.
• It’s imperative that California’s seniors have access to and continue to adopt high-
speed internet and newer technologies, to increase access to much needed services,
connect with loved ones and to improve quality of life.
What will happen to residents in areas where cell service may not be as strong?
• Our analysis based on data from the CPUC and FCC showed that 99.7 percent of
consumers within our service territory have at least three viable alternative options
for voice service.
• These include services other than wireless, such as VoIP services provided by cable
companies.
• For customers who do not have alternatives available, we will continue to provide
service until such time as an alternative is available.
What about backup power for VoIP phones. What is the cost? How long does the backup
battery power last?
• AT&T offers a 24-hour battery backup option for AT&T Digital Phone (VoIP).
Customers can also buy a backup option that lasts for less time.4
• For VoIP phones, consumers can buy reliable external backup power systems online, at
local electronics stores, or directly from the phone providers from anywhere from 8 to
48 hours. Costs vary for backup batteries for VoIP, but options can be found for
around $40.
Are prices for broadband and phone service increasing faster than inflation?
• The current price of AT&T residential copper-based landline service in California is
$37.50 per month. There are both bundled and non-bundled VoIP and wireless
alternatives costing a similar amount or less than the current $37.50 per month price.
• Mobile wireless providers offer prepaid and postpaid wireless plans at price points
below or comparable to those for AT&T’s copper-based service. Managed VoIP
services that broadband providers offer over their cable, fiber and fixed wireless
networks are generally less expensive than copper-based landline voice services.
• According to a 2023 study, prices for broadband experienced a 18% drop year-over-
year in the price of providers’ most popular broadband speed tier and a 6.5% drop
year-over-year in the price of providers’ fastest speed tier.5
3 https://www.pewresearch.org/internet/fact-sheet/mobile/
4 https://www.att.com/support/article/u-verse-voice/KM1041593/
5 2023 Broadband Pricing Index (BPI) – USTelecom
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3
Is Access from AT&T available for new and existing customers?
• Yes. AT&T has no plans to discontinue Access from AT&T program.
• We continue to offer the Access program, which provides low-cost internet service for
eligible households with plans up to $30/month and speeds up to 100Mbps where
available. To learn more, visit https://att.com/access.
What are the eligibility criteria for Access from AT&T?
• The following programs will continue to be used to determine eligibility for Access
from AT&T: Supplemental Nutrition Assistance Program (SNAP), and Supplemental
Security Income (SSI) for California residents, National School Lunch, or with a
household income below 200% of federal poverty guidelines.
• New Access from AT&T customers can go through an application process where they
submit documentation for review.
Why is AT&T exiting programs such as Lifeline that provide service to low-income
customers?
• Californians can continue to choose from among a number of providers if they want
to participate the federally supported Lifeline program.
• A CPUC report found that about 85% of Lifeline customers in California already obtain
the Lifeline benefit for wireless services.6
• We also offer the Access program, which provides low-cost internet service for eligible
households with plans up to $30/month and speeds up to 100Mbps where available
What is a COLR?
• One of the applications that AT&T submitted, if approved, would remove AT&T’s
obligation under California law to provide traditional landline phone service in a large
portion of our service territory in California – known as Carrier of Last Resort (COLR).
• AT&T’s COLR obligation means that we must provide traditional landline phone
service to any potential customer in our service territory.
• However, the COLR obligation no longer makes sense given that almost everyone in
our service territory can choose among several comparable or lower-priced wireline
and wireless alternatives to traditional telephone landlines for voice service.
Why did AT&T file for COLR relief in California?
• We’ve seen a precipitous decline in demand for telephone services provided over our
copper networks.
• This application seeks targeted COLR relief for areas in our California service territory
where facilities-based alternative options for voice service already exist.
• Our commitment is that consumers currently in our California service territory will
retain access to a service connection, whether from us or another service provider.
6 https://docs.cpuc.ca.gov/PublishedDocs/Efile/G000/M478/K367/478367564.PDF
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4
Doesn’t California need a COLR provider?
• We believe that the COLR obligation is outdated and no longer necessary given that
nearly everyone in our California service territory already has or can choose among
several comparable or lower-priced wireline and wireless alternatives to copper-based
landlines for voice service.
Why doesn’t AT&T just maintain the copper-based network?
• Our copper network is incapable of meeting these modern, data demands, and as
such, it is now vastly underutilized.
• We cannot continue to support two networks, and the time has come for us to switch
to a modern network.
What happens to households who do not have access to alternative services?
• Our commitment is that customers currently in our California service territory will
retain access to a service connection, whether from us or another service provider.
• For customers who do not have alternatives available, we will continue to provide
service until such a time as an alternative phone service or provider is available.
• We are participating in eight in-person and virtual public forums for stakeholders and
customers to provide input into our proposal.
Is AT&T just profiting off discontinuing landline?
• We are not cancelling landline service in California, and none of our California
customers will lose access to voice service if the CPUC approves our application.
• We spend more than a billion dollars a year in California maintaining our legacy
network and set of services that are used by a small and rapidly declining number of
customers. Those dollars would be better spent on more advanced, higher speed
technologies like fiber and wireless, which consumers are increasingly demanding over
outdated copper-based services.
• In California, we invested nearly $8.6 billion in our wireless and wireline network
infrastructure from 2020-2022.
Would we sell portions of business to another service provider?
• None of our traditional copper-based landline customers in California will be left
without service.
• We are simply seeking an approved process to help consumers transition from an
antiquated copper network to modern services. Our goal is for customers currently in
our California service territory to retain access to a service connection, whether from
us or another provider.
• We are focused on investing in services that will meet our rural customers’ needs
today and in the future. Resources we spend on maintaining an antiquated copper
network are resources we can’t invest in our networks to help close the digital divide.
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1
CA Network Modernization: Public Safety FAQ
Will California consumers continue to have access to 911 services?
• No customers are being disconnected.
• Our customers will continue to have access to 911.
• Newer digital voice services have access to 911 and use technology that makes it quicker
and easier for customers to reach first responders.
Am I able to call 911 from a wireless phone or VoIP Phone?
• It is important to note that 911 is a mandatory service for wireless and VoIP services.1
• The FCC’s rules require wireless, wireline, and interconnected VOIP service providers
must connect all 911 calls and transmit the caller's location information to 911 call
centers.2
• All wireless phones, even those that are not subscribed to or supported by a specific
carrier, can call 911.3
• More important, 911 support for cellphones and online calls has improved because of
advancements in phones, GPS technology, carrier services and dispatching equipment.
Emergency services now can easily pinpoint VoIP calls, and some wireless calls can be
traced to within 150 feet or so of your exact location.4
Will Californians be able to call 911 during a natural disaster?
• When disasters strike, the vast majority of Californians rely on mobile phones and IP-
networks to access critical information, family, and first responders.
• In 2022, 92% of calls to 911 in California were from modern services (wireless or VoIP).
According to a report from California Governor's Office of Emergency Services (Cal OES),
of the more than 26 million 911 calls in 2022, 86% percent of the calls were from wireless
devices and 6% were from VoIP phones.5
• Fiber-based networks are more resilient to disasters and faster to repair than copper. As
long as customers have backup power on their modern phone equipment in the home,
they are no more susceptible to outages than on a copper line.
• The belief that copper-based landlines will always work without power is a myth – and
gives customers a false sense of security. Network equipment and customers’ phones
often still need power – copper is not a foolproof connection in a power outage.
Will Californians be able to receive emergency alerts and messages?
• Modern VoIP-based home phones can receive all the same types of home phone-based
emergency alerts that traditional copper landlines can receive. There is no difference.
• Californians can receive emergency alerts and messages to their mobile or VoIP phones,
email address or via text message.6
1 https://www.ooma.com/blog/home-phone/911-separate-truth-from-myth/
2 https://www.fcc.gov/911-reliability
3 https://www.911.gov/calling-911/frequently-asked-questions/
4 https://www.aarp.org/home-family/personal-technology/info-2020/get-rid-of-landline.html
5 CA State 9-1-1 Advisory Board (Nov 2023)
6 https://www.mercurynews.com/2021/07/09/how-to-get-emergency-alerts-about-wildfires/
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2
• Cell phones can receive Wireless Emergency Alerts broadcast by federal, state, tribal and
local authorities, including alerts about extreme weather, disasters, active shooters, and
other emergencies in your area; Amber Alerts about possibly abducted children; and
more routine public safety alerts.7
What are the resiliency requirements for wireless networks in high fire areas?
• We comply with requirements to plan for 72-hours of backup power in the CPUC’s Tier 2
and Tier 3 High Fire Threat districts to provide minimum service coverage during grid
outages or disasters.
What about location accuracy of 911 calls for wireless and VoIP phones?
• Today, 911 operators can locate you nearly anywhere—from the side of a highway to
inside your home—all thanks to decades of innovation in wireless location accuracy
technologies.8
• The FCC requires that providers of interconnected VoIP telephone services using the
Public Switched Telephone Network (PSTN) to meet Enhanced 911 (E911) obligations.
What about backup power for VoIP phones?
• FCC regulations require telephone service providers to offer customers at least one
battery option with a minimum standby time of 24 hours.9
• AT&T offers a 24-hour battery backup option for AT&T Digital Phone (VoIP).
• For VoIP phones, consumers can buy reliable external backup power systems online, at
local electronics stores, or directly from the phone providers from anywhere from 8 to 48
hours. Costs vary for backup batteries for VoIP, but options can be found for around $40.
Will the 911 system be impacted by the modernization of communications networks?
• California is in the process of migrating to a Next Generation 911 (NG911) System, which
will enhance emergency number services to create a faster, more resilient system that
allows voice, photos, videos and text messages from the public to the 911 network.
• Advanced emergency communications are not supported by legacy networks and
services – that is a critical reason why California needs to move quickly to transition to
modern services. California needs a plan to transition customers off legacy services so
they can access the NG911 services the state plans to roll out in the coming years.
What are the safety benefits of wireless and VoIP?
• An obvious benefit is that wireless devices are mobile: customers can make and receive
calls outside the home and keep their phones with them.
• VoIP has many technological advantages over copper-based traditional landlines. Sound
is usually clearer with VoIP.
• Mobile phones are not affected by a home power outage, unlike many cordless landline
phones that cannot be used without power. Mobile phones give consumers access to the
internet and myriad applications that many rely upon even more than the voice service.
7 https://www.latimes.com/california/story/2023-08-18/how-to-sign-up-for-emergency-alerts-and-track-tropical-storms-in-la-county
8 https://www.ctia.org/news/blog-the-wireless-industrys-commitment-to-9-1-1-location-accuracy
9 https://www.fcc.gov/sites/default/files/tech_transitions_network_upgrades_that_may_affect_your_service.pdf
138
Public Forums on AT&T’s Request
to Relinquish its Carrier of Last
Resort Obligation (COLR)
You are invited to participate in a public forum regarding
AT&T’s application A23-03-003 requesting that AT&T be
relieved of its COLR obligations in certain areas of
California.
If approved, AT&T would no longer be required to offer
traditional landline telephone service in a large portion of
their service territory in California.
Join a Public Participation Hearing to hear from AT&T and
to share with CPUC leadership your opinion on this
application.
The CPUC will hold in-person public forums on March 14,
2024, and virtual public forums on March 19, 2024.
Written comments can be submitted any time during the
proceeding using the “Add Public Comment” button on the
CPUC Docket Card for A23-03-003 at
https://apps.cpuc.ca.gov/c/A2303002. The public may
submit multiple public comments throughout the
proceeding.
You can also review other public comments related to this
rulemaking on the Docket Card.
PUBLIC FORUM
AT&T’s COLR Application
Please participate to provide
comment!
March 14, 2024
2:00 pm & 6:00 pm
LOCATION:
Indio City Hall Council Chambers
100 civic Center Mall, Indio, CA
92201
______________
March 19, 2024
2:00 pm & 6:00 pm
LOCATION: VIRTUAL ONLY
Phone number:
(800) 857-1917
passcode:
6032788#
Webcast:
www.adminmonitor.com/ca/cpuc
139
AT&T COLR Application A.23-03-003
AT&T has asked the CPUC to remove its role as the Carrier of Last Resort (COLR) in a large portion of AT&T’s
service territory in California where AT&T has identified at least one other voice service is available. A map of
affected areas with address lookup can be accessed here: http://pub.att.com/COLRmap
According to its application, if approved, AT&T has committed to providing service for at least six months after the
CPUC approves the application. AT&T would communicate with customers the process of changing traditional
landline phone service to either a different voice service available from AT&T, or a voice service offered by another
provider. AT&T would remain the COLR in areas where no alternative voice services are yet available and
continue to provide traditional landline phone service to its customers until proven alternatives become available.
What is a Carrier of Last Resort (COLR)?
At least one telephone company in a specified area is legally required to provide access to traditional landline
telephone service to anyone in its service territory who requests it. This is known as the Carrier of Last Resort
obligation, which ensures that everyone in California has access to safe, reliable, and affordable telephone service.
AT&T is the designated COLR in many parts of the state and is the largest COLR in California.
Impact
If approved, AT&T would no longer be required to offer landline telephone service where it is currently required to
offer Basic Service in those areas. Basic Service includes nine service elements such as Lifeline rates for eligible
customers, free access to 9-1-1, Telephone Relay Service, and directory and operator services. More information on
Basic Service is available at here.
An area without a COLR could mean that there would be no landline telephone company serving that area and that
there could possibly be no landline.
Opportunities for Public Comment and Participation
The CPUC will hold in-person and virtual public forums for customers of AT&T to provide input into the
company’s proposal. Details on public hearings: https://www.cpuc.ca.gov/pph
Additional information on the proceeding can be found on the CPUC’s website here.
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Agenda Item No.: 15.A
Mtg. Date: 03/11/2024
TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM:JOHN SIGNO, DIRECTOR OF PLANNING & COMMUNITY SERVICES
THRU:KARINA BAÑALES, CITY MANAGER
SUBJECT:CONSIDER AND AUTHORIZE THE CITY MANAGER TO EXECUTE AN
AMENDMENT TO A PROFESSIONAL SERVICE AGREEMENT WITH
WILLDAN ENGINEERING TO PROVIDE CIVIL ENGINEERING, CITY
ENGINEERING, CITY TRAFFIC ENGINEERING, BUILDING OFFICIAL
AND GEOTECHNICAL ENGINEERING SERVICES FOR THE CITY ON
AN ON-CALL BASIS
DATE:March 11, 2024
BACKGROUND:
On January 14, 2008, the City and Willdan entered into a professional services agreement
(Agreement) by which Willdan Engineering would perform civil engineering, city engineering,
city traffic engineering, building official and geotechnical engineering services for the City. The
Agreement was first amended on January 14, 2010, amended a second time on June 29,
2012, and a third time on January 14, 2015 (Attachment A). The third amendment was to
remain in force through January 14, 2020, however, both parties proceeded in good faith to
continue services.
DISCUSSION:
The last increase was in 2015, which increased the hourly rate of the City Traffic Engineer to
$155 and the City Engineer rate to $160. Since it has been nine years, Willdan is requesting
an increase to $175 per hour for both positions. This is a $20 per hour increase, or 12.9%, to
the City Traffic Engineer position and a $15 per hour increase, or 9.4%, to the City Engineer
position.
Vanessa Munoz has been serving the City as its Traffic Engineer for the past 15 years. Some
of her tasks and accomplishments include:
143
Attend Traffic Commission meetings to advise on traffic-related issues.
Review accessibility and site distance for new and modified driveways.
Assess annual citywide striping maintenance and methodologies to deploy costs
effectively.
Citywide engineering and traffic survey (speed limit adoptions).
Safety review of guard railing as needed.
Portuguese Bend Road gate improvements.
Safety assessment of existing storm drain.
Safety review of existing striping, signage, and delineators as needed.
Citywide review of solid waste staging locations.
Advise staff on an as-needed basis.
Vanessa has institutional knowledge from working with past staff and understands the City’s
need to always approach projects efficiently and cost-effectively. She is also aware of the
City's desire to protect the rural aspect while keeping all roadways and easements safe for
pedestrians, equestrians, residents, and visitors. Staff finds her services an asset and benefit
to the community.
If approved, an amendment can be prepared and brought back with the change to the hourly
rates.
FISCAL IMPACT:
Traffic engineering service is funded through the General Fund and budgeted for $5,000 for
Fiscal Year (FY) 2023-24. Willdan's traffic engineering service is on an as-needed basis, and
the city has spent $1,395 for the first half of FY 2023-24. For FY2022-23, the actual
expenditure was $6,434, which was below the amended budget of $10,000. It is likely that the
$5,000 budgeted for traffic engineering service will be adequate to cover the costs even with
the 12.9% increase in costs.
Willdan’s city engineering service is also funded through the General Fund but has not been
utilized for FY2023-24.
RECOMMENDATION:
Approve as presented.
ATTACHMENTS:
Willdan-Building Official Fully Executed_2008.pdf
Willdan Agr 1st Amedment_2010.pdf
Willdan Agr 2nd amendment_2012.pdf
Willdan Agr 3rd amendment_2015.pdf
Emails_Vanessa_Munoz.pdf
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Agenda Item No.: 16.A
Mtg. Date: 03/11/2024
TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM:CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO
CITY MANAGER
THRU:KARINA BAÑALES, CITY MANAGER
SUBJECT:CONFERENCE WITH LEGAL COUNSEL: ANTICIPATED LITIGATION -
(PARAGRAPH (2) OF SUBDIVISION (D) AND PARAGRAPH (2) OF
SUBDIVISION (E) OF GOVERNMENT CODE SECTION 54956.9) THE
CITY FINDS, BASED ON ADVICE FROM LEGAL COUNSEL, THAT
DISCUSSION IN OPEN SESSION WILL PREJUDICE THE CITY IN THE
L I T I G AT I O N . SIGNIFICANT EXPOSURE TO CIVIL LITIGATION (1
POTENTIAL CASE) - ALLEGED VIOLATIONS OF MS4 NPDES PERMIT
DATE:March 11, 2024
BACKGROUND:
None.
DISCUSSION:
None.
FISCAL IMPACT:
None.
RECOMMENDATION:
None.
ATTACHMENTS:
CL_AGN_240122_LARWQCB_DOM-OF-004_Toxics_EPL.pdf
CL_AGN_240122_LARWQCB_LariatNutrients_EPL.pdf
CL_AGN_240122_LARWQCB_RHE_CityHallNutrients_EPL.pdf
187
Los Angeles Regional Water Quality Control Board
January 10, 2024
City of Los Angeles Certified Mail Receipt
1149 South Broadway, 10th Floor Return Receipt Requested
Los Angeles, California 90015-2213 Claim No. 9589 0710 5270 0684 9273 62
City of Los Angeles County Certified Mail Receipt
Flood Control District Return Receipt Requested
900 South Fremont Avenue Claim No. 9589 0710 5270 0684 9273 79
Alhambra, California 91803
City of Lomita Certified Mail Receipt
24320 Narbonne Avenue Return Receipt Requested
Lomita, California 90717 Claim No. 9589 0710 5270 0684 9261 74
Los Angeles County Certified Mail Receipt
P.O. Box 1460 Return Receipt Requested
Alhambra, California 91802-5912 Claim No. 9589 0710 5270 0684 9261 81
City of Carson Certified Mail Receipt
701 East Carson Street Return Receipt Requested
Carson, California 90745 Claim No. 9589 0710 5270 0684 9261 98
City of Torrance Certified Mail Receipt
3031 Torrance Boulevard Return Receipt Requested
Torrance, California 90503-5059 Claim No. 9589 0710 5270 0684 9262 04
City of Rolling Hills Certified Mail Receipt
2 Portuguese Bend Road Return Receipt Requested
Rolling Hills, California 90274 Claim No. 9589 0710 5270 0684 9262 11
City of Rolling Hills Estates Certified Mail Receipt
4045 Palos Verdes Drive Return Receipt Requested
North Rolling Hills Estates, California 90274 Claim No. 9589 0710 5270 0684 9262 28
City of Palos Verdes Estates Certified Mail Receipt
340 Palos Verdes Drive Return Receipt Requested
West Palos Verdes Estates, California 90274 Claim No. 9589 0710 5270 0684 9262 35
188
- 2 - R4-2024-0012 January 10, 2024
City of Rancho Palos Verdes Certified Mail Receipt
30940 Hawthorne Boulevard Return Receipt Requested
Rancho Palos Verdes, California 90275 Claim No. 9589 0710 5270 0684 9262 42
SETTLEMENT OFFER NO. R4-2024-0012; OFFER TO PARTICIPATE IN THE
EXPEDITED PAYMENT PROGRAM RELATING TO VIOLATIONS OF WASTE
DISCHARGE REQUIREMENTS AND NATIONAL POLLUTANT DISCHARGE
ELIMINATION SYSTEM (NPDES) PERMIT FOR MUNICIPAL SEPARATE STORM
SEWER SYSTEM (MS4) DISCHARGES FOR CITY OF LOS ANGELES, 1149 SOUTH
BROADWAY, 10TH FLOOR, LOS ANGELES; LOS ANGELES COUNTY FLOOD
CONTROL DISTRICT, 900 SOUTH FREMONT AVENUE, ALHAMBRA; CITY OF
LOMITA, 24320 NARBONNE AVENUE, LOMITA; LOS ANGELES COUNTY, P.O. BOX
1460, ALHAMBRA; CITY OF CARSON, 701 EAST CARSON STREET, CARSON; CITY
OF TORRANCE, 3031 TORRANCE BOULEVARD, TORRANCE; CITY OF ROLLING
HILLS, 2 PORTUGUESE BEND ROAD, ROLLING HILLS; CITY OF ROLLING HILLS
ESTATES, 4045 PALOS VERDES DRIVE, NORTH ROLLING HILLS ESTATES; CITY
OF PALOS VERDES ESTATES, 340 PALOS VERDES DRIVE, WEST PALOS VERDES
ESTATES; CITY OF RANCHO PALOS VERDES, 30940 HAWTHORNE BOULEVARD,
RANCHO PALOS VERDES; NPDES PERMIT NO. CAS004004; WDIDs 4 19M1000132
4 19M1000134, 4 19M1000130, 4 19M1000133, 4 19M1000099, 4 19M1000166, 4
19M1000150, 4 19M1000151, 4 19M1000143, 4 19M1000148
Dear City of Los Angeles, Los Angeles County Flood Control District, City of Lomita, Los
Angeles County, City of Carson, City of Torrance, City of Rolling Hills, City of Rolling Hills
Estates, City of Palos Verdes Estates and City of Rancho Palos Verdes:
This letter is to notify the City of Los Angeles, Los Angeles County Flood Control District,
City of Lomita, Los Angeles County, City of Carson, City of Torrance, City of Rolling Hills,
City of Rolling Hills Estates, City of Palos Verdes Estates and City of Rancho Palos
Verdes (each individually a “Permittee” and collectively the “Permittees”) of alleged
violations of the Regional Phase I MS4 NPDES Permit, Order No. R4-2021-0105 (MS4
Permit) identified in the Permittees’ monitoring reports and to allow the Permittees an
opportunity to participate in the Los Angeles Regional Water Quality Control Board’s (Los
Angeles Water Board’s) Expedited Payment Program for Waste Discharge Violations
(Expedited Payment Program) to resolve mandatory minimum penalties that must be
assessed pursuant to California Water Code (Water Code) section 13385. The Permittees
are encouraged to work together and designate a lead agent that will provide a response
to this conditional offer no later than February 9, 2024.
NOTICE OF VIOLATION:
The Permittees have commingled MS4 discharges to a receiving water and are jointly
responsible for meeting MS4 Permit requirements. (MS4 Permit section X.D.1.)
189
- 3 - R4-2024-0012 January 10, 2024
Compliance at the outfall discharging to the receiving water was determined for the
Permittees as a whole in accordance with MS4 Permit section X.D.2.
Based on information the Permittees submitted to the Los Angeles Water Board for the
2019-2020, 2020-2021, 2021-2022 Reporting Years and in the June 15, 2023 semi-
annual submittal, and each Permittee’s selected compliance option(s) and TMDL
compliance point(s) as identified in Table 1 and Table 2 of Exhibit 2 (attached), Los
Angeles Water Board enforcement staff alleges that the Permittees have violated the MS4
Permit’s Water Quality-Based Effluent Limitations (WQBELs) for Outfall 4 (DOM-OF-004)
as identified in Exhibit 1, which is attached and incorporated by reference. The Permittees
have the opportunity to address the alleged violations as discussed below.
STATUTORY LIABILITY:
Water Code sections 13385, subdivisions (h) and (i), and 13385.1 require the assessment
of a mandatory minimum penalty of three thousand dollars ($3,000) for specified serious
and chronic effluent limit violations. Water Code section 13385, subdivision (c) allows for
discretionary administrative civil liability of up to ten-thousand dollars ($10,000) for each
day in which the violation occurs, and ten dollars ($10) for each gallon discharged but not
cleaned up in excess of 1,000 gallons. If referred to the Attorney General for judicial
enforcement, the Superior Court may assess up to twenty-five thousand dollars ($25,000)
for each day in which the violation occurs, and twenty-five dollars ($25) per gallon
discharged but not cleaned up in excess of 1,000 gallons.
Water Code section 13385, subdivision (h)(1) requires the Los Angeles Water Board to
assess a mandatory minimum penalty of three-thousand dollars ($3,000) for each serious
violation. Pursuant to Water Code section 13385, subdivision (h)(2), a “serious violation”
is defined as any waste discharge that violates the effluent limitations contained in the
applicable waste discharge requirements for a Group II pollutant by 20 percent or more,
or for a Group I pollutant by 40 percent or more. Appendix A of 40 CFR section 123.45
specifies the Group I and II pollutants.
Water Code section 13385, subdivision (i) requires the Los Angeles Water Board to
assess a mandatory minimum penalty of three-thousand dollars ($3,000) for each
chronic violation. A “chronic violation” occurs when there are three preceding effluent
limitation violations (serious or non-serious) within a 180-day period. The fourth and any
subsequent non-serious effluent limitation violation that occurs within the 180-day
period is subject to a mandatory minimum penalty. (See Water Code, § 13385, subd. (i)
(identifying all violation types that can be counted as a chronic violation subject to a
mandatory minimum penalty.)
Pursuant to Water Code section 13385.1, subdivision (d), for the purposes of Water Code
sections 13385.1 and 13385, subdivisions (h) and (i), “effluent limitation” means a
numeric restriction or a numerically expressed narrative restriction, on the quantity,
discharge rate, concentration, or toxicity units of a pollutant or pollutants that may be
discharged from an authorized location. An effluent limitation may be final or interim and
190
- 4 - R4-2024-0012 January 10, 2024
may be expressed as a prohibition. An effluent limitation, for these purposes, does not
include a receiving water limitation, a compliance schedule, or a best management
practice. Unlike Water Code section 13385, subdivision (c), where violations of effluent
limitations may be assessed administrative civil liability on a per day basis, the mandatory
minimum penalty provisions identified above require the Los Angeles Water Board to
assess a mandatory minimum penalty for “each violation” of an effluent limitation.
OFFER TO PARTICIPATE IN EXPEDITED PAYMENT PROGRAM:
The Permittees can avoid the issuance of a formal enforcement action seeking
discretionary liability and settle the alleged violations identified in the attached Exhibit 1
by participating in the Los Angeles Water Board’s Expedited Payment Program and
agreeing to pay the mandatory minimum penalty associated with the violations. Details of
the proposed settlement are described below and addressed in the enclosed documents.
To promote the resolution of the alleged violations, the Los Angeles Water Board makes
this conditional offer. The Permittees may accept this offer, waive the Permittees’ right to
a hearing, and pay the mandatory minimum penalty of fifteen thousand dollars ($15,000)
for the violations described in Exhibit 1.
If the Permittees elect to do so, subject to the conditions below, the Los Angeles Water
Board will accept that payment in settlement of any enforcement action that could be
brought for the violations identified in Exhibit 1, will forego issuance of a formal
administrative complaint for those violations, will not refer the violations to the Attorney
General, and will waive its right to seek additional discretionary civil liability for the
violations identified in Exhibit 1.
The Expedited Payment Program does not address or resolve liability for any violation
that is not specifically identified in Exhibit 1 regardless of the date that the violation
occurred.
PERMITTEES’ OPTIONS FOR RESPONSE TO OFFER:
To accept this offer, at least one Permittee must complete and return the enclosed
“Acceptance of Conditional Resolution and Waiver of Right to Hearing; (Proposed) Order”
(Acceptance and Waiver) on or before February 9, 2024. A Permittee’s submission of the
Acceptance and Waiver and payment of the mandatory minimum penalty amount in no
way prohibits that Permittee from seeking contribution and/or payment of that liability
directly from other Permittees that were responsible in whole or in part for the
exceedances. (See MS4 Permit section X.B.2 [explaining how a Permittee can
demonstrate its discharge did not cause or contribute to an exceedance of an applicable
WQBEL].)
If the Permittees choose to contest any of the violations alleged in Exhibit 1, please
identify the specific violation and the basis for the challenge (e.g., factual error,
affirmative defense, etc.) on or before February 9, 2024.
191
- 5 - R4-2024-0012 January 10, 2024
Responses contesting any of the violations alleged in Exhibit 1 shall be submitted as a
pdf via email to Emma Averill (emma.averill@waterboards.ca.gov), with a follow-up call
to (213) 620-6369 to confirm reciept, and submitted by the Permittees, or the Permittees’
lead agent, with a cover letter stating that the information is submitted under penalty of
perjury.
Los Angeles Water Board staff will evaluate the contested violation and take one of two
actions:
1) Los Angeles Water Board staff may determine that the violation is not supported
and take no further action against the Permittees for the alleged violation and notify
the Permittees of that determination. The Permittees will be given thirty (30) days
from the date of receipt of the Los Angeles Water Board staff determination to
complete and return the Acceptance and Waiver for the remainder of the violations;
or
2) Los Angeles Water Board staff may determine that the alleged violation is
meritorious and will notify the Permittees of that determination. The Permittees
will be given thirty (30) days from the date of the receipt of the Los Angeles Water
Board staff determination to complete and return the Acceptance and Waiver.
If the Permittees do not respond by taking one of the two actions above, the Permittees
should expect to be contacted regarding a formal enforcement action that will be initiated
regarding the violations alleged in Exhibit 1. In a formal enforcement action, the liability
amount sought and/or imposed may exceed the liability amount set forth in this
conditional offer. Moreover, the cost of enforcement is a factor that can be considered
in assessing the liability amount.
CONDITIONS FOR LOS ANGELES WATER BOARD ACCEPTANCE OF
RESOLUTION:
Federal regulations require the Los Angeles Water Board to publish and allow the public
thirty (30) days to comment on any settlement of an enforcement action addressing
NPDES permit violations (40 C.F.R. section 123.27(d)(2)(iii)). Upon acceptance of this
conditional offer and receipt of at least one Permittee’s Acceptance and Waiver, Los
Angeles Water Board staff will publish a notice of the proposed resolution of the
violations.
If no comments are received within the 30-day comment period and there are no new
material facts that become available to the Los Angeles Water Board, the Acceptance and
Waiver will be presented to the Los Angeles Water Board Executive Officer for
consideration and adoption as a stipulated order assessing the uncontested mandatory
minimum penalty amount pursuant to Water Code section 13385.
If, however, significant comments are received in opposition to the settlement, this offer
may be withdrawn. In that case, any Permittee’s waiver pursuant to the Acceptance and
Waiver will also be treated as withdrawn. The violations will be addressed in a liability
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January 10, 2024 R4-2024-0012
ACCEPTANCE OF CONDITIONAL RESOLUTION
AND WAIVER OF RIGHT TO HEARING; (PROPOSED) ORDER
City of Los Angeles, Los Angeles County Flood Control District, City of Lomita, Los
Angeles County, City of Carson, City of Torrance, City of Rolling Hills, City of Rolling Hills
Estates, City of Palos Verdes Estates and City of Rancho Palos Verdes
Settlement Offer No. R4-2024-0012
WDID No. 4 19M1000132 4 19M1000134, 4 19M1000130, 4 19M1000133, 4
19M1000099, 4 19M1000166, 4 19M1000150, 4 19M1000151, 4 19M1000143, 4
19M1000148
By signing below and returning this Acceptance of Conditional Resolution and Waiver of
Right to Hearing (Acceptance and Waiver) to the Los Angeles Regional Water Quality
Control Board (Los Angeles Water Board), the City of Los Angeles, Los Angeles County
Flood Control District, City of Lomita, Los Angeles County, City of Carson, City of
Torrance, City of Rolling Hills, City of Rolling Hills Estates, City of Palos Verdes Estates,
and/or City of Rancho Palos Verdes (each individually a “Permittee” and collectively the
“Permittees”) hereby accepts the “Offer to Participate in the Expedited Payment Program”
and waives the right to a hearing before the Los Angeles Water Board to dispute the
alleged violations described in Exhibit 1 which is incorporated herein by reference.
Because the Permittees are jointly responsible for meeting permit requirements, at least
one Permittee must sign and return this Acceptance and Waiver. The Permittee that signs
this Acceptance and Waiver agrees that Exhibit 1 shall serve as a complaint pursuant to
Article 2.5 of the California Water Code (Water Code) and that no separate complaint is
required for the Los Angeles Water Board to assert jurisdiction over the alleged violations
through its Chief Prosecutor. The Permittee further agrees to pay the penalties required
by Water Code section 13385 in the sum of $15,000 (Expedited Payment Amount) which
shall be deemed a payment in full of any civil liability pursuant to Water Code section
13385 that otherwise might be assessed for the violations described in Exhibit 1. The
Permittee understands that this Acceptance and Waiver waives its right to contest the
allegations in Exhibit 1 and the assessment of civil liability for such violations.
Permittee understands that this Acceptance and Waiver does not address or resolve
liability for any violation that is not specifically identified in Exhibit 1.
Upon execution by Permittee, the completed Acceptance and Waiver shall be returned
to:
Emma Averill, Enforcement II Unit
Expedited Payment Program
Los Angeles Regional Water Quality Control Board
320 West 4th Street, Suite 200
Los Angeles, CA 90013
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January 10, 2024 R4-2024-0012
Permittee understands that federal regulations set forth by title 40, Code of Federal
Regulations, section 123.27(d)(2)(iii) require the Los Angeles Water Board to publish
notice of and provide at least thirty (30) days for public comment on any proposed
resolution of this enforcement action. Accordingly, the Acceptance and Waiver, prior to
execution by the Los Angeles Water Board Executive Officer, will be published as
required by law for public comment.
If no significant comments are received within the notice period, the Acceptance and
Waiver will be presented to the Los Angeles Water Board Executive Officer for approval.
Permittee understands that if significant comments are received, the Los Angeles Water
Board Prosecution Team may withdraw the offer. In that circumstance, Permittees will be
advised of the withdrawal and an administrative civil liability complaint may be issued and
the matter may be set for a hearing before the Los Angeles Water Board. For such a
liability hearing, Permittee understands that this Acceptance and Waiver executed by
Permittee will not be used as evidence in that hearing.
Permittee further understands that once the Acceptance and Waiver is executed by the
Los Angeles Water Board Executive Officer, Permittee is then legally bound to tender the
full payment required by the deadline set forth below. In accordance with Water Code
section 13385, subdivision (n)(1), funds collected for violations of effluent limitations and
reporting requirements pursuant to Water Code section 13385 shall be deposited in the
State Water Pollution Cleanup and Abatement Account. Accordingly, the $15,000 liability
shall be paid by a cashier’s or certified check made out to the “State Water Pollution
Cleanup and Abatement Account” and reference [R4-2024-0012]. The payment must be
submitted to the State Water Resources Control Board at the address set forth below no
later than thirty (30) calendar days after the date the Acceptance and Waiver is executed
by the Los Angeles Water Board Executive Officer.
A Permittee’s submission of this Acceptance and Waiver and payment of the mandatory
minimum penalty amount in no way prohibits that Permittee from seeking contribution
and/or payment of that liability directly from other Permittees that were responsible in
whole or in part for the exceedances.
Please mail the check to:
State Water Resources Control Board
ATTN: ACL PAYMENT
Division of Administrative Services, Accounting Branch
P.O. Box 1888
Sacramento, California 95812-1888
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January 10, 2024 R4-2024-0012
I hereby affirm that I am duly authorized to act on behalf of and to bind the Permittee in
the making and giving of this Acceptance and Waiver.
City of Los Angeles
By: _________________________ _______________
(Signed Name) (Date)
________________________ _______________
(Printed or Typed Name) (Title)
Los Angeles County Flood Control District
By: _________________________ _______________
(Signed Name) (Date)
________________________ _______________
(Printed or Typed Name) (Title)
City of Lomita
By: _________________________ _______________
(Signed Name) (Date)
________________________ _______________
(Printed or Typed Name) (Title)
Los Angeles County
By: _________________________ _______________
(Signed Name) (Date)
________________________ _______________
(Printed or Typed Name) (Title)
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January 10, 2024 R4-2024-0012
City of Carson
By: _________________________ _______________
(Signed Name) (Date)
________________________ _______________
(Printed or Typed Name) (Title)
City of Torrance
By: _________________________ _______________
(Signed Name) (Date)
________________________ _______________
(Printed or Typed Name) (Title)
City of Rolling Hills
By: _________________________ _______________
(Signed Name) (Date)
________________________ _______________
(Printed or Typed Name) (Title)
City of Rolling Hills Estates
By: _________________________ _______________
(Signed Name) (Date)
________________________ _______________
(Printed or Typed Name) (Title)
City of Palos Verdes Estates
By: _________________________ _______________
(Signed Name) (Date)
________________________ _______________
(Printed or Typed Name) (Title)
197
January 10, 2024 R4-2024-0012
City of Rancho Palos Verdes
By: _________________________ _______________
(Signed Name) (Date)
________________________ _______________
(Printed or Typed Name) (Title)
IT IS SO ORDERED PURSUANT TO WATER CODE SECTION 13323 AND
GOVERNMENT CODE SECTION 11415.60
By: _________________________ _______________
Susanna Arredondo Date
Executive Officer
198
Machado Lake Toxics TMDL Violations
Station DOM-OF-004
Total Penalty $15,000
Toxic Exeedance Data
Permittee Address
Los Angeles (4 19M1000132) 1149 South Broadway 10th Floor, Los Angeles CA 90015-2213
Los Angeles County Flood Control District (4 19M1000134) 900 South Fremont Avenue Alhambra, CA 91803
Lomita (4 19M1000130) 24320 Narbonne Avenue Lomita, CA 90717
Los Angeles County (4 19M1000133) Po Box 1460 Alhambra CA 91802-5912
Carson (4 19M1000099) 701 East Carson Street Carson, CA 90745
Torrance (4 19M1000166) 3031 Torrance Boulevard Torrance CA 90503-5059
Rolling Hills (4 19M1000150) 2 Portuguese Bend Road Rolling Hills, CA 90274
Rolling Hills Estates (4 19M1000151) 4045 Palos Verdes Drive North Rolling Hills Estates, CA 90274
Palos Verdes Estates (4 19M1000143) 340 Palos Verdes Drive West Palos Verdes Estates, CA 90274
Rancho Palos Verdes (4 19M1000148) 30940 Hawthorne Boulevard Rancho Palos Verdes, CA 90275
Station Code Water Year Analyte Name 3 yr Average (ug/kg dw)WQBEL (ug/kg dw)Serious Chronic
DOM-OF-004 2020-2022 Dieldrin 17.16 1.9 $3,000
DOM-OF-004 2020-2022 Total-CHLORDANE 117.52 3.24 $3,000
DOM-OF-004 2020-2022 Total DDTs 75.25 5.28 $3,000
DOM-OF-004 2020-2022 DDD (all congeners) 14.97 4.88 $3,000
DOM-OF-004 2020-2022 DDE (all congeners) 16.09 3.16 $3,000
Page 1 of 1 199
Exhibit 2: Machado Lake TMDL
Permittees and Compliance Points
Table 1: Permittee, Selected Compliance Option, and Coordinated Integrated Monitoring Program (CIMP)
Permittee
(Permit Attach J,
Table J-9)
Nutrients
TMDL
Compliance
Option
Toxics TMDL
Compliance
Option
Coordinated
Integrated
Monitoring
Program (CIMP)
Reference for Compliance Option and CIMP
(document and page)
Carson WQBEL WQBEL Dominguez Channel
Permit Parts X.A.1 and X.B.2.a (p. 92-93)
Permit Parts X.A.1 and X.B.2.a (p. 92-93)
Nutrient TMDL:
Permit Attachment P, Part IV.B (p. P-8)
Permit Atachment P, Part IV.B (p. P-8)
Toxics TMDL:
Permit Attachment P, Parts V.B -C (p. P-9 – P-10)
Permit Atachment P, Parts V.B-C (p. P-9 - P-10)
Lomita WQBEL WQBEL Dominguez Channel
Permit Parts X.A.1 and X.B.2.a (p. 92-93)
Permit Parts X.A.1 and X.B.2.a (p. 92-93)
Nutrient TMDL:
Permit Attachment P, Part IV.B (p. P-8)
Permit Atachment P, Part IV.B (p. P-8)
Toxics TMDL:
Permit Attachment P, Parts V.B-C (p. P-9 – P-10)
Permit Atachment P, Parts V.B-C (p. P-9 - P-10)
Los Angeles (City
of)1
Receiving
Water
Limitations WQBEL Dominguez Channel
Permit Parts X.A.1 and X.B.2.a (p. 92-93)
Permit Parts X.A.1 and X.B.2.a (p. 92-93)
1 The City of Los Angeles (City) is not included in the calcula�on of the mandatory minimum penal�es (MMPs) for exceedances of the Machado Lake Nutrients
TMDL-based effluent limits because the City is subject to Receiving Water Limits and not ou�all based effluent limits. MMPs apply only for effluent limits where
the compliance point is the ou�all.
200
Permittee
(Permit Attach J,
Table J-9)
Nutrients
TMDL
Compliance
Option
Toxics TMDL
Compliance
Option
Coordinated
Integrated
Monitoring
Program (CIMP)
Reference for Compliance Option and CIMP
(document and page)
Nutrient TMDL:
Permit Attachment P, Part IV.C.1 (p. P-8)
Permit Atachment P, Part IV.B (p. P-8)
Toxics TMDL:
Permit Attachment P, Parts V.B -C (p. P-9 – P-10)
Permit Atachment P, Parts V.B-C (p. P-9 - P-10)
Los Angeles
(County of) WQBEL WQBEL
Palos Verdes
Peninsula
Dominguez Channel
Permit Parts X.A.1 and X.B.2.a (p. 92-93)
Permit Parts X.A.1 and X.B.2.a (p. 92-93)
Nutrient TMDL:
Permit Attachment P, Part IV.B (p. P-8)
Permit Atachment P, Part IV.B (p. P-8)
Toxics TMDL:
Permit Attachment P, Parts V.B-C (p. P-9 – P-10)
Permit Atachment P, Parts V.B-C (p. P-9 - P-10)
Los Angeles County
Flood Control
District WQBEL WQBEL
Palos Verdes
Peninsula
Dominguez Channel
Beach Cities
Permit Parts X.A.1 and X.B.2.a (p. 92-93)
Permit Parts X.A.1 and X.B.2.a (p. 92-93)
Nutrient TMDL:
Permit Attachment P, Part IV.B (p. P-8)
Permit Atachment P, Part IV.B (p. P-8)
Toxics TMDL:
Permit Attachment P, Parts V.B-C (p. P-9 – P-10)
Permit Atachment P, Parts V.B-C (p. P-9 - P-10)
Palos Verdes
Estates WQBEL WQBEL
Palos Verdes
Peninsula
Permit Parts X.A.1 and X.B.2.a (p. 92-93)
Permit Parts X.A.1 and X.B.2.a (p. 92-93)
Nutrient TMDL:
Permit Attachment P, Part IV.B (p. P-8)
201
Permittee
(Permit Attach J,
Table J-9)
Nutrients
TMDL
Compliance
Option
Toxics TMDL
Compliance
Option
Coordinated
Integrated
Monitoring
Program (CIMP)
Reference for Compliance Option and CIMP
(document and page)
Permit Atachment P, Part IV.B (p. P-8)
Toxics TMDL:
Permit Attachment P, Parts V.B -C (p. P-9 – P-10)
Permit Atachment P, Parts V.B-C (p. P-9 - P-10)
Rancho Palos
Verdes WQBEL WQBEL
Palos Verdes
Peninsula
Permit Parts X.A.1 and X.B.2.a (p. 92-93)
Permit Parts X.A.1 and X.B.2.a (p. 92-93)
Nutrient TMDL:
Permit Attachment P, Part IV.B (p. P-8)
Permit Atachment P, Part IV.B (p. P-8)
Toxics TMDL:
Permit Attachment P, Parts V.B-C (p. P-9 – P-10)
Permit Atachment P, Parts V.B-C (p. P-9 - P-10)
Redondo Beach 2 WQBEL WQBEL Beach Cities
Permit Parts X.A.1 and X.B.2.a (p. 92-93)
Permit Parts X.A.1 and X.B.2.a (p. 92-93)
Nutrient TMDL:
Permit Attachment P, Part IV.B (p. P-8)
Permit Atachment P, Part IV.B (p. P-8)
Toxics TMDL:
Permit Attachment P, Parts V.B-C (p. P-9 – P-10)
Permit Atachment P, Parts V.B-C (p. P-9 - P-10)
Rolling Hills WQBEL WQBEL
Palos Verdes
Peninsula
Permit Parts X.A.1 and X.B.2.a (p. 92-93)
Permit Parts X.A.1 and X.B.2.a (p. 92-93)
Nutrient TMDL:
2 City of Redondo Beach (City) is not included in the calcula�on of the MMP for exceedances of the Machado Lake Nutrients TMDL-based effluent limits
because there are no compliance points within the City’s jurisdic�onal area.
202
Permittee
(Permit Attach J,
Table J-9)
Nutrients
TMDL
Compliance
Option
Toxics TMDL
Compliance
Option
Coordinated
Integrated
Monitoring
Program (CIMP)
Reference for Compliance Option and CIMP
(document and page)
Permit Attachment P, Part IV.B (p. P-8)
Permit Atachment P, Part IV.B (p. P-8)
Toxics TMDL:
Permit Attachment P, Parts V.B-C (p. P-9 – P-10)
Permit Atachment P, Parts V.B-C (p. P-9 - P-10)
Rolling Hills Estates WQBEL WQBEL
Palos Verdes
Peninsula
Permit Parts X.A.1 and X.B.2.a (p. 92-93)
Permit Parts X.A.1 and X.B.2.a (p. 92-93)
Nutrient TMDL:
Permit Attachment P, Part IV.B (p. P-8)
Permit Atachment P, Part IV.B (p. P-8)
Toxics TMDL:
Permit Attachment P, Parts V.B-C (p. P-9 – P-10)
Permit Atachment P, Parts V.B-C (p. P-9 - P-10)
Torrance3
Mass-Based
WQBEL WQBEL Beach Cities
Permit Parts X.A.1 and X.B.2.a (p. 92-93)
Permit Parts X.A.1 and X.B.2.a (p. 92-93)
Nutrient TMDL:
Permit Attachment P, Part IV.C.2.b (p. P-9)
Permit Atachment P, Part IV.C.2.b (p. P-9)
Toxics TMDL:
Permit Attachment P, Parts V.B-C (p. P-9 – P-10)
Permit Atachment P, Parts V.B-C (p. P-9 - P-10)
3 City of Torrance (City) is not included in the calcula�on of the MMPs for exceedances of the Machado Lake Nutrients TMDL-based effluent limits because the
City is in compliance with their mass based effluent limits.
203
Table 2: Permittees and TMDL Compliance Points
Permittee
Nutrient TMDL
Compliance Points
Toxics TMDL
Compliance Points
Reference for Nutrient and Toxics Compliance Points
(document and page)
Carson Outfall 4 (DOM-OF-004) Outfall 4 (DOM-OF-004)
Dominguez Channel CIMP (dated April 18, 2016)
Attachment B, Page Title “DOM-OF-004"
Dominguez Channel CIMP (dated April 18, 2016) Atachment B,
Page Title "DOM OF 004"
Lomita
P-77, P-510,
Outfall 4 (DOM-OF-004)
P-77, P-510,
Outfall 4 (DOM-OF-004)
Dominguez Channel CIMP (dated April 18, 2016)
Attachment B, Page Titles “P-77”, “P-510”, and
“DOM-OF-004"
Dominguez Channel CIMP (dated April 18, 2016) Atachment B,
Page Title "P-77"
Dominguez Channel CIMP (dated April 18, 2016) Atachment B,
Page Titles “P-510"
Dominguez Channel CIMP (dated April 18, 2016) Atachment B,
Page Title "DOM OF 004"
Los Angeles (City of)
ML-1 and ML-2
P-77, P-510,
Outfall 4 (DOM-OF-004)
Dominguez Channel CIMP (dated April 18, 2016)
Attachment B, Page Titles “ML-1”, “ML-2”, “ML-
3”, “P-77”, “P-510”, and “DOM-OF-004"
Domiguez Channel CIMP (dated April 18, 2016) Atachment B,
Page Title "ML-1"
Domiguez Channel CIMP (dated April 18, 2016) Atachment B,
Page Title "ML-2"
Domiguez Channel CIMP (dated April 18, 2016) Atachment B,
Page Title "ML-3"
Dominguez Channel CIMP (dated April 18, 2016) Atachment B,
Page Title "P-77"
204
Permittee
Nutrient TMDL
Compliance Points
Toxics TMDL
Compliance Points
Reference for Nutrient and Toxics Compliance Points
(document and page)
Dominguez Channel CIMP (dated April 18, 2016) Atachment B,
Page Titles “P-510"
Dominguez Channel CIMP (dated April 18, 2016) Atachment B,
Page Title "DOM OF 004"
Los Angeles (County of)
Outfall 4 (DOM-OF-
004),
RHE City Hall Outfall 4 (DOM-OF-004)
Nutrients: Palos Verdes CIMP (dated Feb 2, 2016)
Appendix C in Appendix H, p. 48; and Dominguez
Channel CIMP (dated April 18, 2016) Attachment
B, Page Title “DOM-OF-004"
Nutrients: Palos Verdes CIMP (dated Feb 2, 2016) Appendix C
in Appendix H page 48
Dominguez Channel CIMP (dated April 18, 2016) Atachment B,
Page Title "DOM OF 004"
Toxics : Dominguez Channel CIMP (dated April
18, 2016) Attachment B, Page Title “DOM-OF-
004"
Dominguez Channel CIMP (dated April 18, 2016) Atachment B,
Page Title "DOM OF 004"
Los Angeles County
Flood Control District
Tor -S-1 through S-6,
P-77, P-510,
Outfall 4 (DOM-OF-004)
P-77, P-510,
Outfall 4 (DOM-OF-004)
Nutrients: Beach Cities CIMP (dated July 2018,
received Nov 29, 2018) Appendix B, Table 8 p. 18
and Figure 1 titled “Site Location Map”; and
Dominguez Channel CIMP (dated April 18, 2016)
Attachment B, Page Title “DOM-OF-004"
Nutrients: Beach Ci�es CIMP (dated July 2018, received Nov
29, 2018) Appendix B, Table 8-page 18
Nutrients: Beach Ci�es CIMP (dated July 2018, received Nov
29, 2018) Appendix B, Figure 1 �tled "Site Loca�on Map"
205
Permittee
Nutrient TMDL
Compliance Points
Toxics TMDL
Compliance Points
Reference for Nutrient and Toxics Compliance Points
(document and page)
Dominguez Channel CIMP (dated April 18, 2016) Atachment B,
Page Title "DOM OF 004"
Toxics: Dominguez Channel CIMP (dated April
18, 2016) Attachment B, Page Titles “P-77”, “P-
510”, and “DOM-OF-004"
Dominguez Channel CIMP (dated April 18, 2016) Atachment B,
Page Title "P-77"
Dominguez Channel CIMP (dated April 18, 2016) Atachment B,
Page Titles “P-510"
Dominguez Channel CIMP (dated April 18, 2016) Atachment B,
Page Title "DOM OF 004"
Palos Verdes Estates
Solano
Valmonte Outfall 4 (DOM-OF-004)
Nutrients: Palos Verdes CIMP (dated Feb 2, 2016)
Appendix C in Appendix H, p. 47.
Nutrients: Palos Verdes CIMP (dated Feb 2, 2016) Appendix C
in Appendix H page 47
Toxics : Dominguez Channel CIMP (dated April
18, 2016) Attachment B, Page Title “DOM-OF-
004"
Dominguez Channel CIMP (dated April 18, 2016) Atachment B,
Page Title "DOM OF 004"
Rancho Palos Verdes
Valmonte
RHE City Hall
P-77, P-510,
Outfall 4 (DOM-OF-004)
Nutrients: Palos Verdes CIMP (dated Feb 2, 2016)
Appendix C in Appendix H, p. 47-48.
Nutrients: Palos Verdes CIMP (dated Feb 2, 2016) Appendix C
in Appendix H page 47
206
Permittee
Nutrient TMDL
Compliance Points
Toxics TMDL
Compliance Points
Reference for Nutrient and Toxics Compliance Points
(document and page)
Toxics : Dominguez Channel CIMP (dated April
18, 2016) Attachment B, Page Titles “P-77”, “P-
510”, and “DOM-OF-004"
Dominguez Channel CIMP (dated April 18, 2016) Atachment B,
Page Title "P-77"
Dominguez Channel CIMP (dated April 18, 2016) Atachment B,
Page Titles “P-510"
Dominguez Channel CIMP (dated April 18, 2016) Atachment B,
Page Title "DOM OF 004"
Redondo Beach 4 Outfall 4 (DOM-OF-004)
Toxics: Dominguez Channel CIMP (dated April
18, 2016) Attachment B, Page Title “DOM-OF-
004"
Dominguez Channel CIMP (dated April 18, 2016) Atachment B,
Page Title "DOM OF 004"
Rolling Hills
Lariat
RHE City Hall
P-77
Outfall 4 (DOM-OF-004)
Nutrients: Palos Verdes CIMP (dated Feb 2, 2016)
Appendix C in Appendix H, p. 48.
Nutrients: Palos Verdes CIMP (dated Feb 2, 2016) Appendix C
in Appendix H page 48
Toxics : Dominguez Channel CIMP (dated April
18, 2016) Attachment B, Page Titles “P-77” and
“DOM-OF-004"
Dominguez Channel CIMP (dated April 18, 2016) Atachment B,
Page Title "P-77"
4 City of Redondo Beach (City) is not included in the calcula�on of the MMP for exceedances of the Machado Lake Toxics TMDL-based effluent limits because
the area of the City within the Machado Lake Watershed is rela�vely small (0.94 acres) and there are no MS4s within this area.
207
Permittee
Nutrient TMDL
Compliance Points
Toxics TMDL
Compliance Points
Reference for Nutrient and Toxics Compliance Points
(document and page)
Dominguez Channel CIMP (dated April 18, 2016) Atachment B,
Page Title "DOM OF 004"
Rolling Hills Estates
RHE City Hall
Lariat
Valmonte
P-77
Outfall 4 (DOM-OF-004)
Nutrients: Palos Verdes CIMP (dated Feb 2, 2016)
Appendix C in Appendix H, p. 47-48.
Nutrients: Palos Verdes CIMP (dated Feb 2, 2016) Appendix C
in Appendix H page 47
Toxics : Dominguez Channel CIMP (dated April
18, 2016) Attachment B, Page Titles “P-77” and
“DOM-OF-004"
Dominguez Channel CIMP (dated April 18, 2016) Atachment B,
Page Title "P-77"
Dominguez Channel CIMP (dated April 18, 2016) Atachment B,
Page Title "DOM OF 004"
Torrance
Tor -S-1 through S-6
Tor S -7 through S-9
P-77
Outfall 4 (DOM-OF-004)
Nutrients: Beach Cities CIMP (dated July 2018,
received Nov 29, 2018) Appendix B, Table 8 p. 18
and Figure 1.
Nutrients: Beach Ci�es CIMP (dated July 2018, received Nov
29, 2018) Appendix B, Table 8-page 18
Nutrients: Beach Ci�es CIMP (dated July 2018, received Nov
29, 2018) Appendix B, Figure 1 �tled "Site Loca�on Map"
Toxics: Dominguez Channel CIMP (dated April
18, 2016) Attachment B, Page Titles “P-77” and
“DOM-OF-004"
Dominguez Channel CIMP (dated April 18, 2016) Atachment B,
Page Title "P-77"
208
Permittee
Nutrient TMDL
Compliance Points
Toxics TMDL
Compliance Points
Reference for Nutrient and Toxics Compliance Points
(document and page)
Dominguez Channel CIMP (dated April 18, 2016) Atachment B,
Page Title "DOM OF 004"
209
Los Angeles Regional Water Quality Control Board
January 10, 2024
City of Rolling Hills Certified Mail Receipt
2 Portuguese Bend Road Return Receipt Requested
Rolling Hills, California 90274 Claim No. 9589 0710 5270 0684 9264 33
City of Rolling Hills Estates Certified Mail Receipt
4045 Palos Verdes Drive Return Receipt Requested
North Rolling Hills Estates, California 90274 Claim No. 9589 0710 5270 0684 9264 40
SETTLEMENT OFFER NO. R4-2024-0017; OFFER TO PARTICIPATE IN THE
EXPEDITED PAYMENT PROGRAM RELATING TO VIOLATIONS OF WASTE
DISCHARGE REQUIREMENTS AND NATIONAL POLLUTANT DISCHARGE
ELIMINATION SYSTEM (NPDES) PERMIT FOR MUNICIPAL SEPARATE STORM
SEWER SYSTEM (MS4) DISCHARGES FOR CITY OF ROLLING HILLS, 2
PORTUGUESE BEND ROAD, ROLLING HILLS; CITY OF ROLLING HILLS ESTATES,
4045 PALOS VERDES DRIVE, NORTH ROLLING HILLS ESTATES, CALIFORNIA;
NPDES PERMIT NO. CAS004004; WDIDs 4 19M1000150 4 19M1000151
Dear City of Rolling Hills and City of Rolling Hills Estates:
This letter is to notify Rolling Hills, Rolling Hills Estates (each individually a “Permittee”
and collectively the “Permittees”) of alleged violations of the Regional Phase I MS4
NPDES Permit, Order No. R4-2021-0105 (MS4 Permit) identified in the Permittees’
monitoring reports and to allow the Permittees an opportunity to participate in the Los
Angeles Regional Water Quality Control Board’s (Los Angeles Water Board’s) Expedited
Payment Program for Waste Discharge Violations (Expedited Payment Program) to
resolve mandatory minimum penalties that must be assessed pursuant to California
Water Code (Water Code) section 13385. The Permittees are encouraged to work
together and designate a lead agent that will provide a response to this conditional offer
no later than February 9, 2024.
NOTICE OF VIOLATION:
The Permittees have commingled MS4 discharges to a receiving water and are jointly
responsible for meeting MS4 Permit requirements. (MS4 Permit section X.D.1.)
210
- 2 - R4-2024-0017 January 10, 2024
Compliance at the outfall discharging to the receiving water was determined for the
Permittees as a whole in accordance with MS4 Permit section X.D.2.
Based on information the Permittees submitted to the Los Angeles Water Board for the
2021-2022 Reporting Year and in the June 15, 2023 semi-annual submittal, and each
Permittee’s selected compliance option(s) and TMDL compliance point(s) as identified in
Table 1 and Table 2 of Exhibit 2 (attached), Los Angeles Water Board enforcement staff
alleges that the Permittees have violated the MS4 Permit’s Water Quality-Based Effluent
Limitations (WQBELs) for Lariat as identified in Exhibit 1, which is attached and
incorporated by reference. The Permittees have the opportunity to address the alleged
violations as discussed below.
STATUTORY LIABILITY:
Water Code sections 13385, subdivisions (h) and (i), and 13385.1 require the assessment
of a mandatory minimum penalty of three thousand dollars ($3,000) for specified serious
and chronic effluent limit violations. Water Code section 13385, subdivision (c) allows for
discretionary administrative civil liability of up to ten-thousand dollars ($10,000) for each
day in which the violation occurs, and ten dollars ($10) for each gallon discharged but not
cleaned up in excess of 1,000 gallons. If referred to the Attorney General for judicial
enforcement, the Superior Court may assess up to twenty-five thousand dollars ($25,000)
for each day in which the violation occurs, and twenty-five dollars ($25) per gallon
discharged but not cleaned up in excess of 1,000 gallons.
Water Code section 13385, subdivision (h)(1) requires the Los Angeles Water Board to
assess a mandatory minimum penalty of three-thousand dollars ($3,000) for each serious
violation. Pursuant to Water Code section 13385, subdivision (h)(2), a “serious violation”
is defined as any waste discharge that violates the effluent limitations contained in the
applicable waste discharge requirements for a Group II pollutant by 20 percent or more,
or for a Group I pollutant by 40 percent or more. Appendix A of 40 CFR section 123.45
specifies the Group I and II pollutants.
Water Code section 13385, subdivision (i) requires the Los Angeles Water Board to
assess a mandatory minimum penalty of three-thousand dollars ($3,000) for each
chronic violation. A “chronic violation” occurs when there are three preceding effluent
limitation violations (serious or non-serious) within a 180-day period. The fourth and any
subsequent non-serious effluent limitation violation that occurs within the 180-day
period is subject to a mandatory minimum penalty. (See Water Code, § 13385, subd. (i)
which identifies all violation types that can be counted as a chronic violation subject to a
mandatory minimum penalty.)
Pursuant to Water Code section 13385.1, subdivision (d), for the purposes of Water Code
sections 13385.1 and 13385, subdivisions (h) and (i), “effluent limitation” means a
numeric restriction or a numerically expressed narrative restriction, on the quantity,
discharge rate, concentration, or toxicity units of a pollutant or pollutants that may be
discharged from an authorized location. An effluent limitation may be final or interim and
211
- 3 - R4-2024-0017 January 10, 2024
may be expressed as a prohibition. An effluent limitation, for these purposes, does not
include a receiving water limitation, a compliance schedule, or a best management
practice. Unlike Water Code section 13385, subdivision (c), where violations of effluent
limitations may be assessed administrative civil liability on a per day basis, the mandatory
minimum penalty provisions identified above require the Los Angeles Water Board to
assess a mandatory minimum penalty for “each violation” of an effluent limitation.
OFFER TO PARTICIPATE IN EXPEDITED PAYMENT PROGRAM:
The Permittees can avoid the issuance of a formal enforcement action seeking
discretionary liability and settle the alleged violations identified in the attached Exhibit 1
by participating in the Los Angeles Water Board’s Expedited Payment Program and
agreeing to pay the mandatory minimum penalty associated with the violations. Details of
the proposed settlement are described below and addressed in the enclosed documents.
To promote the resolution of the alleged violations, the Los Angeles Water Board makes
this conditional offer. The Permittees may accept this offer, waive the Permittees’ right to
a hearing, and pay the mandatory minimum penalty of $30,000 for the violations
described in Exhibit 1.
If the Permittees elect to do so, subject to the conditions below, the Los Angeles Water
Board will accept that payment in settlement of any enforcement action that could be
brought for the violations identified in Exhibit 1, will forego issuance of a formal
administrative complaint for those violations, will not refer the violations to the Attorney
General, and will waive its right to seek additional discretionary civil liability for the
violations identified in Exhibit 1.
The Expedited Payment Program does not address or resolve liability for any violation
that is not specifically identified in Exhibit 1 regardless of the date that the violation
occurred.
PERMITTEES’ OPTIONS FOR RESPONSE TO OFFER:
To accept this offer, at least one Permittee must complete and return the enclosed
“Acceptance of Conditional Resolution and Waiver of Right to Hearing; (Proposed) Order”
(Acceptance and Waiver) on or before February 9, 2024. A Permittee’s submission of the
Acceptance and Waiver and payment of the mandatory minimum penalty amount in no
way prohibits that Permittee from seeking contribution and/or payment of that liability
directly from other Permittees that were responsible in whole or in part for the
exceedances. (See MS4 Permit section X.B.2 [explaining how a Permittee can
demonstrate its discharge did not cause or contribute to an exceedance of an applicable
WQBEL].)
If the Permittees choose to contest any of the violations alleged in Exhibit 1, please
identify the specific violation and the basis for the challenge (e.g., factual error,
affirmative defense, etc.) on or before February 9, 2024.
212
- 4 - R4-2024-0017 January 10, 2024
Responses contesting any of the violations alleged in Exhibit 1 shall be submitted as a
pdf via email to Emma Averill (emma.averill@waterboards.ca.gov), with a follow-up call
to (213) 620-6369 to confirm reciept, and submitted by the Permittees, or the Permittees’
lead agent, with a cover letter stating that the information is submitted under penalty of
perjury.
Los Angeles Water Board staff will evaluate the contested violation and take one of two
actions:
1) Los Angeles Water Board staff may determine that the violation is not supported
and take no further action against the Permittees for the alleged violation and notify
the Permittees of that determination. The Permittees will be given thirty (30) days
from the date of receipt of the Los Angeles Water Board staff determination to
complete and return the Acceptance and Waiver for the remainder of the violations;
or
2) Los Angeles Water Board staff may determine that the alleged violation is
meritorious and will notify the Permittees of that determination. The Permittees
will be given thirty (30) days from the date of the receipt of the Los Angeles Water
Board staff determination to complete and return the Acceptance and Waiver.
If the Permittees do not respond by taking one of the two actions above, the Permittee
should expect to be contacted regarding a formal enforcement action that will be initiated
regarding the violations alleged in Exhibit 1. In a formal enforcement action, the liability
amount sought and/or imposed may exceed the liability amount set forth in this
conditional offer. Moreover, the cost of enforcement is a factor that can be considered
in assessing the liability amount.
CONDITIONS FOR LOS ANGELES WATER BOARD ACCEPTANCE OF
RESOLUTION:
Federal regulations require the Los Angeles Water Board to publish and allow the public
thirty (30) days to comment on any settlement of an enforcement action addressing
NPDES permit violations (40 C.F.R. section 123.27(d)(2)(iii)). Upon acceptance of this
conditional offer and receipt of at least one Permittee’s Acceptance and Waiver, Los
Angeles Water Board staff will publish a notice of the proposed resolution of the
violations.
If no comments are received within the 30-day comment period and there are no new
material facts that become available to the Los Angeles Water Board, the Acceptance and
Waiver will be presented to the Los Angeles Water Board Executive Officer for
consideration and adoption as a stipulated order assessing the uncontested mandatory
minimum penalty amount pursuant to Water Code section 13385.
If, however, significant comments are received in opposition to the settlement, this offer
may be withdrawn. In that case, any Permittee’s waiver pursuant to the Acceptance and
Waiver will also be treated as withdrawn. The violations will be addressed in a liability
213
214
January 10, 2024 R4-2024-0017
ACCEPTANCE OF CONDITIONAL RESOLUTION
AND WAIVER OF RIGHT TO HEARING; (PROPOSED) ORDER
City of Rolling Hills and City of Rolling Hills Estates
Settlement Offer No. R4-2024-0017
WDID No. 4 19M1000150, 4 19M1000151
By signing below and returning this Acceptance of Conditional Resolution and Waiver of
Right to Hearing (Acceptance and Waiver) to the Los Angeles Regional Water Quality
Control Board (Los Angeles Water Board), the City of Rolling Hills, and/or the City of Rolling
Hills Estates (each individually a “Permittee” and collectively the “Permittees”) hereby
accepts the “Offer to Participate in the Expedited Payment Program” and waives the right
to a hearing before the Los Angeles Water Board to dispute the alleged violations
described in Exhibit 1, which is incorporated herein by reference.
Because the Permittees are jointly responsible for meeting permit requirements, at least
one Permittee must sign and return this Acceptance and Waiver. The Permittee that signs
this Acceptance and Waiver agrees that Exhibit 1 shall serve as a complaint pursuant to
Article 2.5 of the California Water Code (Water Code) and that no separate complaint is
required for the Los Angeles Water Board to assert jurisdiction over the alleged violations
through its Chief Prosecutor. Permittee further agrees to pay the penalties required by
Water Code section 13385 in the sum of $30,000 (Expedited Payment Amount) which
shall be deemed a payment in full of any civil liability pursuant to Water Code section
13385 that otherwise might be assessed for the violations described in Exhibit 1.
Permittee understands that this Acceptance and Waiver waives its right to contest the
allegations in Exhibit 1 and the assessment of civil liability for such violations.
Permittee understands that this Acceptance and Waiver does not address or resolve
liability for any violation that is not specifically identified in Exhibit 1.
Upon execution by Permittee, the completed Acceptance and Waiver shall be returned
to:
Emma Averill, Enforcement II Unit
Expedited Payment Program
Los Angeles Regional Water Quality Control Board
320 West 4th Street, Suite 200
Los Angeles, CA 90013
Permittee understands that federal regulations set forth by title 40, Code of Federal
Regulations, section 123.27(d)(2)(iii) require the Los Angeles Water Board to publish
notice of and provide at least thirty (30) days for public comment on any proposed
resolution of this enforcement action. Accordingly, the Acceptance and Waiver, prior to
execution by the Los Angeles Water Board Executive Officer, will be published as
required by law for public comment.
215
January 10, 2024 R4-2024-0017
If no significant comments are received within the notice period, the Acceptance and
Waiver will be presented to the Los Angeles Water Board Executive Officer for approval.
Permittee understands that if significant comments are received, the Los Angeles Water
Board Prosecution Team may withdraw the offer. In that circumstance, Permittees will be
advised of the withdrawal and an administrative civil liability complaint may be issued and
the matter may be set for a hearing before the Los Angeles Water Board. For such a
liability hearing, Permittee understands that this Acceptance and Waiver executed by
Permittee will not be used as evidence in that hearing.
Permittee further understands that once the Acceptance and Waiver is executed by the
Los Angeles Water Board Executive Officer, Permittee is then legally bound to tender the
full payment required by the deadline set forth below. In accordance with Water Code
section 13385, subdivision (n)(1), funds collected for violations of effluent limitations and
reporting requirements pursuant to Water Code section 13385 shall be deposited in the
State Water Pollution Cleanup and Abatement Account. Accordingly, the $30,000 liability
shall be paid by a cashier’s or certified check made out to the “State Water Pollution
Cleanup and Abatement Account” and reference [R4-2024-0017]. The payment must be
submitted to the State Water Resources Control Board at the address set forth below no
later than thirty (30) calendar days after the date the Acceptance and Waiver is executed
by the Los Angeles Water Board Executive Officer.
A Permittee’s submission of this Acceptance and Waiver and payment of the mandatory
minimum penalty amount in no way prohibits that Permittee from seeking contribution
and/or payment of that liability directly from other Permittees that were responsible in
whole or in part for the exceedances.
Please mail the check to:
State Water Resources Control Board
ATTN: ACL PAYMENT
Division of Administrative Services, Accounting Branch
P.O. Box 1888
Sacramento, California 95812-1888
I hereby affirm that I am duly authorized to act on behalf of and to bind the Permittee in
the making and giving of this Acceptance and Waiver.
City of Rolling Hills
By: _________________________ _______________
(Signed Name) (Date)
________________________ _______________
(Printed or Typed Name) (Title)
216
January 10, 2024 R4-2024-0017
City of Rolling Hills Estates
By: _________________________ _______________
(Signed Name) (Date)
________________________ _______________
(Printed or Typed Name) (Title)
IT IS SO ORDERED PURSUANT TO WATER CODE SECTION 13323 AND
GOVERNMENT CODE SECTION 11415.60
By: _________________________ _______________
Susanna Arredondo Date
Executive Officer
217
Machado Lake Nutrients TMDL Violations
Stations Lariat
Total Penalty $30,000
Nutrients Exceedance Data
Permittee Address
Rolling Hills (4 19M1000150) 2 Portuguese Bend Road Rolling Hills, CA 90274
Rolling Hills Estates (4 19M1000151) 4045 Palos Verdes Drive North Rolling Hills Estates, CA 90274
Station Code Sample Date Analyte Name Unit Monthly Avg WQBEL Serious Chronic
Lariat 10/25/2021Total Phosphate mg/L 1.89 0.10 $3,000
Lariat 10/25/2021Total Nitrogen mg/L 6.4 1.0 $3,000
Lariat 12/14/2021Total Phosphate mg/L 35.90 0.10 $3,000
Lariat 12/14/2021Total Nitrogen mg/L 25.2 1.0 $3,000
Lariat 3/28/2022Total Phosphate mg/L 9.81 0.10 $3,000
Lariat 3/28/2022Total Nitrogen mg/L 9.9 1.0 $3,000
Lariat 11/8/2022Total Phosphate mg/L 0.90 0.10 $3,000
Lariat 11/8/2022Total Nitrogen mg/L 4.2 1.0 $3,000
Lariat 12/11/2022Total Phosphate mg/L 8.94 0.10 $3,000
Lariat 12/11/2022Total Nitrogen mg/L 9.5 1.0 $3,000
Page 1 of 1 218
Exhibit 2: Machado Lake TMDL
Permittees and Compliance Points
Table 1: Permittee, Selected Compliance Option, and Coordinated Integrated Monitoring Program (CIMP)
Permittee
(Permit Attach J,
Table J-9)
Nutrients
TMDL
Compliance
Option
Toxics TMDL
Compliance
Option
Coordinated
Integrated
Monitoring
Program (CIMP)
Reference for Compliance Option and CIMP
(document and page)
Carson WQBEL WQBEL Dominguez Channel
Permit Parts X.A.1 and X.B.2.a (p. 92-93)
Permit Parts X.A.1 and X.B.2.a (p. 92-93)
Nutrient TMDL:
Permit Attachment P, Part IV.B (p. P-8)
Permit Atachment P, Part IV.B (p. P-8)
Toxics TMDL:
Permit Attachment P, Parts V.B -C (p. P-9 – P-10)
Permit Atachment P, Parts V.B-C (p. P-9 - P-10)
Lomita WQBEL WQBEL Dominguez Channel
Permit Parts X.A.1 and X.B.2.a (p. 92-93)
Permit Parts X.A.1 and X.B.2.a (p. 92-93)
Nutrient TMDL:
Permit Attachment P, Part IV.B (p. P-8)
Permit Atachment P, Part IV.B (p. P-8)
Toxics TMDL:
Permit Attachment P, Parts V.B-C (p. P-9 – P-10)
Permit Atachment P, Parts V.B-C (p. P-9 - P-10)
Los Angeles (City
of)1
Receiving
Water
Limitations WQBEL Dominguez Channel
Permit Parts X.A.1 and X.B.2.a (p. 92-93)
Permit Parts X.A.1 and X.B.2.a (p. 92-93)
1 The City of Los Angeles (City) is not included in the calcula�on of the mandatory minimum penal�es (MMPs) for exceedances of the Machado Lake Nutrients
TMDL-based effluent limits because the City is subject to Receiving Water Limits and not ou�all based effluent limits. MMPs apply only for effluent limits where
the compliance point is the ou�all.
219
Permittee
(Permit Attach J,
Table J-9)
Nutrients
TMDL
Compliance
Option
Toxics TMDL
Compliance
Option
Coordinated
Integrated
Monitoring
Program (CIMP)
Reference for Compliance Option and CIMP
(document and page)
Nutrient TMDL:
Permit Attachment P, Part IV.C.1 (p. P-8)
Permit Atachment P, Part IV.B (p. P-8)
Toxics TMDL:
Permit Attachment P, Parts V.B -C (p. P-9 – P-10)
Permit Atachment P, Parts V.B-C (p. P-9 - P-10)
Los Angeles
(County of) WQBEL WQBEL
Palos Verdes
Peninsula
Dominguez Channel
Permit Parts X.A.1 and X.B.2.a (p. 92-93)
Permit Parts X.A.1 and X.B.2.a (p. 92-93)
Nutrient TMDL:
Permit Attachment P, Part IV.B (p. P-8)
Permit Atachment P, Part IV.B (p. P-8)
Toxics TMDL:
Permit Attachment P, Parts V.B-C (p. P-9 – P-10)
Permit Atachment P, Parts V.B-C (p. P-9 - P-10)
Los Angeles County
Flood Control
District WQBEL WQBEL
Palos Verdes
Peninsula
Dominguez Channel
Beach Cities
Permit Parts X.A.1 and X.B.2.a (p. 92-93)
Permit Parts X.A.1 and X.B.2.a (p. 92-93)
Nutrient TMDL:
Permit Attachment P, Part IV.B (p. P-8)
Permit Atachment P, Part IV.B (p. P-8)
Toxics TMDL:
Permit Attachment P, Parts V.B-C (p. P-9 – P-10)
Permit Atachment P, Parts V.B-C (p. P-9 - P-10)
Palos Verdes
Estates WQBEL WQBEL
Palos Verdes
Peninsula
Permit Parts X.A.1 and X.B.2.a (p. 92-93)
Permit Parts X.A.1 and X.B.2.a (p. 92-93)
Nutrient TMDL:
Permit Attachment P, Part IV.B (p. P-8)
220
Permittee
(Permit Attach J,
Table J-9)
Nutrients
TMDL
Compliance
Option
Toxics TMDL
Compliance
Option
Coordinated
Integrated
Monitoring
Program (CIMP)
Reference for Compliance Option and CIMP
(document and page)
Permit Atachment P, Part IV.B (p. P-8)
Toxics TMDL:
Permit Attachment P, Parts V.B -C (p. P-9 – P-10)
Permit Atachment P, Parts V.B-C (p. P-9 - P-10)
Rancho Palos
Verdes WQBEL WQBEL
Palos Verdes
Peninsula
Permit Parts X.A.1 and X.B.2.a (p. 92-93)
Permit Parts X.A.1 and X.B.2.a (p. 92-93)
Nutrient TMDL:
Permit Attachment P, Part IV.B (p. P-8)
Permit Atachment P, Part IV.B (p. P-8)
Toxics TMDL:
Permit Attachment P, Parts V.B-C (p. P-9 – P-10)
Permit Atachment P, Parts V.B-C (p. P-9 - P-10)
Redondo Beach 2 WQBEL WQBEL Beach Cities
Permit Parts X.A.1 and X.B.2.a (p. 92-93)
Permit Parts X.A.1 and X.B.2.a (p. 92-93)
Nutrient TMDL:
Permit Attachment P, Part IV.B (p. P-8)
Permit Atachment P, Part IV.B (p. P-8)
Toxics TMDL:
Permit Attachment P, Parts V.B-C (p. P-9 – P-10)
Permit Atachment P, Parts V.B-C (p. P-9 - P-10)
Rolling Hills WQBEL WQBEL
Palos Verdes
Peninsula
Permit Parts X.A.1 and X.B.2.a (p. 92-93)
Permit Parts X.A.1 and X.B.2.a (p. 92-93)
Nutrient TMDL:
2 City of Redondo Beach (City) is not included in the calcula�on of the MMP for exceedances of the Machado Lake Nutrients TMDL-based effluent limits
because there are no compliance points within the City’s jurisdic�onal area.
221
Permittee
(Permit Attach J,
Table J-9)
Nutrients
TMDL
Compliance
Option
Toxics TMDL
Compliance
Option
Coordinated
Integrated
Monitoring
Program (CIMP)
Reference for Compliance Option and CIMP
(document and page)
Permit Attachment P, Part IV.B (p. P-8)
Permit Atachment P, Part IV.B (p. P-8)
Toxics TMDL:
Permit Attachment P, Parts V.B-C (p. P-9 – P-10)
Permit Atachment P, Parts V.B-C (p. P-9 - P-10)
Rolling Hills Estates WQBEL WQBEL
Palos Verdes
Peninsula
Permit Parts X.A.1 and X.B.2.a (p. 92-93)
Permit Parts X.A.1 and X.B.2.a (p. 92-93)
Nutrient TMDL:
Permit Attachment P, Part IV.B (p. P-8)
Permit Atachment P, Part IV.B (p. P-8)
Toxics TMDL:
Permit Attachment P, Parts V.B-C (p. P-9 – P-10)
Permit Atachment P, Parts V.B-C (p. P-9 - P-10)
Torrance3
Mass-Based
WQBEL WQBEL Beach Cities
Permit Parts X.A.1 and X.B.2.a (p. 92-93)
Permit Parts X.A.1 and X.B.2.a (p. 92-93)
Nutrient TMDL:
Permit Attachment P, Part IV.C.2.b (p. P-9)
Permit Atachment P, Part IV.C.2.b (p. P-9)
Toxics TMDL:
Permit Attachment P, Parts V.B-C (p. P-9 – P-10)
Permit Atachment P, Parts V.B-C (p. P-9 - P-10)
3 City of Torrance (City) is not included in the calcula�on of the MMPs for exceedances of the Machado Lake Nutrients TMDL-based effluent limits because the
City is in compliance with their mass based effluent limits.
222
Table 2: Permittees and TMDL Compliance Points
Permittee
Nutrient TMDL
Compliance Points
Toxics TMDL
Compliance Points
Reference for Nutrient and Toxics Compliance Points
(document and page)
Carson Outfall 4 (DOM-OF-004) Outfall 4 (DOM-OF-004)
Dominguez Channel CIMP (dated April 18, 2016)
Attachment B, Page Title “DOM-OF-004"
Dominguez Channel CIMP (dated April 18, 2016) Atachment B,
Page Title "DOM OF 004"
Lomita
P-77, P-510,
Outfall 4 (DOM-OF-004)
P-77, P-510,
Outfall 4 (DOM-OF-004)
Dominguez Channel CIMP (dated April 18, 2016)
Attachment B, Page Titles “P-77”, “P-510”, and
“DOM-OF-004"
Dominguez Channel CIMP (dated April 18, 2016) Atachment B,
Page Title "P-77"
Dominguez Channel CIMP (dated April 18, 2016) Atachment B,
Page Titles “P-510"
Dominguez Channel CIMP (dated April 18, 2016) Atachment B,
Page Title "DOM OF 004"
Los Angeles (City of)
ML-1 and ML-2
P-77, P-510,
Outfall 4 (DOM-OF-004)
Dominguez Channel CIMP (dated April 18, 2016)
Attachment B, Page Titles “ML-1”, “ML-2”, “ML-
3”, “P-77”, “P-510”, and “DOM-OF-004"
Domiguez Channel CIMP (dated April 18, 2016) Atachment B,
Page Title "ML-1"
Domiguez Channel CIMP (dated April 18, 2016) Atachment B,
Page Title "ML-2"
Domiguez Channel CIMP (dated April 18, 2016) Atachment B,
Page Title "ML-3"
Dominguez Channel CIMP (dated April 18, 2016) Atachment B,
Page Title "P-77"
223
Permittee
Nutrient TMDL
Compliance Points
Toxics TMDL
Compliance Points
Reference for Nutrient and Toxics Compliance Points
(document and page)
Dominguez Channel CIMP (dated April 18, 2016) Atachment B,
Page Titles “P-510"
Dominguez Channel CIMP (dated April 18, 2016) Atachment B,
Page Title "DOM OF 004"
Los Angeles (County of)
Outfall 4 (DOM-OF-
004),
RHE City Hall Outfall 4 (DOM-OF-004)
Nutrients: Palos Verdes CIMP (dated Feb 2, 2016)
Appendix C in Appendix H, p. 48; and Dominguez
Channel CIMP (dated April 18, 2016) Attachment
B, Page Title “DOM-OF-004"
Nutrients: Palos Verdes CIMP (dated Feb 2, 2016) Appendix C
in Appendix H page 48
Dominguez Channel CIMP (dated April 18, 2016) Atachment B,
Page Title "DOM OF 004"
Toxics : Dominguez Channel CIMP (dated April
18, 2016) Attachment B, Page Title “DOM-OF-
004"
Dominguez Channel CIMP (dated April 18, 2016) Atachment B,
Page Title "DOM OF 004"
Los Angeles County
Flood Control District
Tor -S-1 through S-6,
P-77, P-510,
Outfall 4 (DOM-OF-004)
P-77, P-510,
Outfall 4 (DOM-OF-004)
Nutrients: Beach Cities CIMP (dated July 2018,
received Nov 29, 2018) Appendix B, Table 8 p. 18
and Figure 1 titled “Site Location Map”; and
Dominguez Channel CIMP (dated April 18, 2016)
Attachment B, Page Title “DOM-OF-004"
Nutrients: Beach Ci�es CIMP (dated July 2018, received Nov
29, 2018) Appendix B, Table 8-page 18
Nutrients: Beach Ci�es CIMP (dated July 2018, received Nov
29, 2018) Appendix B, Figure 1 �tled "Site Loca�on Map"
224
Permittee
Nutrient TMDL
Compliance Points
Toxics TMDL
Compliance Points
Reference for Nutrient and Toxics Compliance Points
(document and page)
Dominguez Channel CIMP (dated April 18, 2016) Atachment B,
Page Title "DOM OF 004"
Toxics: Dominguez Channel CIMP (dated April
18, 2016) Attachment B, Page Titles “P-77”, “P-
510”, and “DOM-OF-004"
Dominguez Channel CIMP (dated April 18, 2016) Atachment B,
Page Title "P-77"
Dominguez Channel CIMP (dated April 18, 2016) Atachment B,
Page Titles “P-510"
Dominguez Channel CIMP (dated April 18, 2016) Atachment B,
Page Title "DOM OF 004"
Palos Verdes Estates
Solano
Valmonte Outfall 4 (DOM-OF-004)
Nutrients: Palos Verdes CIMP (dated Feb 2, 2016)
Appendix C in Appendix H, p. 47.
Nutrients: Palos Verdes CIMP (dated Feb 2, 2016) Appendix C
in Appendix H page 47
Toxics : Dominguez Channel CIMP (dated April
18, 2016) Attachment B, Page Title “DOM-OF-
004"
Dominguez Channel CIMP (dated April 18, 2016) Atachment B,
Page Title "DOM OF 004"
Rancho Palos Verdes
Valmonte
RHE City Hall
P-77, P-510,
Outfall 4 (DOM-OF-004)
Nutrients: Palos Verdes CIMP (dated Feb 2, 2016)
Appendix C in Appendix H, p. 47-48.
Nutrients: Palos Verdes CIMP (dated Feb 2, 2016) Appendix C
in Appendix H page 47
225
Permittee
Nutrient TMDL
Compliance Points
Toxics TMDL
Compliance Points
Reference for Nutrient and Toxics Compliance Points
(document and page)
Toxics : Dominguez Channel CIMP (dated April
18, 2016) Attachment B, Page Titles “P-77”, “P-
510”, and “DOM-OF-004"
Dominguez Channel CIMP (dated April 18, 2016) Atachment B,
Page Title "P-77"
Dominguez Channel CIMP (dated April 18, 2016) Atachment B,
Page Titles “P-510"
Dominguez Channel CIMP (dated April 18, 2016) Atachment B,
Page Title "DOM OF 004"
Redondo Beach 4 Outfall 4 (DOM-OF-004)
Toxics: Dominguez Channel CIMP (dated April
18, 2016) Attachment B, Page Title “DOM-OF-
004"
Dominguez Channel CIMP (dated April 18, 2016) Atachment B,
Page Title "DOM OF 004"
Rolling Hills
Lariat
RHE City Hall
P-77
Outfall 4 (DOM-OF-004)
Nutrients: Palos Verdes CIMP (dated Feb 2, 2016)
Appendix C in Appendix H, p. 48.
Nutrients: Palos Verdes CIMP (dated Feb 2, 2016) Appendix C
in Appendix H page 48
Toxics : Dominguez Channel CIMP (dated April
18, 2016) Attachment B, Page Titles “P-77” and
“DOM-OF-004"
Dominguez Channel CIMP (dated April 18, 2016) Atachment B,
Page Title "P-77"
4 City of Redondo Beach (City) is not included in the calcula�on of the MMP for exceedances of the Machado Lake Toxics TMDL-based effluent limits because
the area of the City within the Machado Lake Watershed is rela�vely small (0.94 acres) and there are no MS4s within this area.
226
Permittee
Nutrient TMDL
Compliance Points
Toxics TMDL
Compliance Points
Reference for Nutrient and Toxics Compliance Points
(document and page)
Dominguez Channel CIMP (dated April 18, 2016) Atachment B,
Page Title "DOM OF 004"
Rolling Hills Estates
RHE City Hall
Lariat
Valmonte
P-77
Outfall 4 (DOM-OF-004)
Nutrients: Palos Verdes CIMP (dated Feb 2, 2016)
Appendix C in Appendix H, p. 47-48.
Nutrients: Palos Verdes CIMP (dated Feb 2, 2016) Appendix C
in Appendix H page 47
Toxics : Dominguez Channel CIMP (dated April
18, 2016) Attachment B, Page Titles “P-77” and
“DOM-OF-004"
Dominguez Channel CIMP (dated April 18, 2016) Atachment B,
Page Title "P-77"
Dominguez Channel CIMP (dated April 18, 2016) Atachment B,
Page Title "DOM OF 004"
Torrance
Tor -S-1 through S-6
Tor S -7 through S-9
P-77
Outfall 4 (DOM-OF-004)
Nutrients: Beach Cities CIMP (dated July 2018,
received Nov 29, 2018) Appendix B, Table 8 p. 18
and Figure 1.
Nutrients: Beach Ci�es CIMP (dated July 2018, received Nov
29, 2018) Appendix B, Table 8-page 18
Nutrients: Beach Ci�es CIMP (dated July 2018, received Nov
29, 2018) Appendix B, Figure 1 �tled "Site Loca�on Map"
Toxics: Dominguez Channel CIMP (dated April
18, 2016) Attachment B, Page Titles “P-77” and
“DOM-OF-004"
Dominguez Channel CIMP (dated April 18, 2016) Atachment B,
Page Title "P-77"
227
Permittee
Nutrient TMDL
Compliance Points
Toxics TMDL
Compliance Points
Reference for Nutrient and Toxics Compliance Points
(document and page)
Dominguez Channel CIMP (dated April 18, 2016) Atachment B,
Page Title "DOM OF 004"
228
Los Angeles Regional Water Quality Control Board
January 10, 2024
City of Rancho Palos Verdes Certified Mail Receipt
30940 Hawthorne Boulevard Return Receipt Requested
Rancho Palos Verdes, California 90275 Claim No. 9589 0710 5270 0684 9264 57
Los Angeles County Certified Mail Receipt
P.O. Box 1460 Return Receipt Requested
Alhambra, California 91802-5912 Claim No. 9589 0710 5270 0684 9264 64
City of Rolling Hills Certified Mail Receipt
2 Portuguese Bend Road Return Receipt Requested
Rolling Hills, California 90274 Claim No. 9589 0710 5270 0684 9264 71
City of Rolling Hills Estates Certified Mail Receipt
4045 Palos Verdes Drive Return Receipt Requested
North Rolling Hills Estates, California 90274 Claim No. 9589 0710 5270 0684 9264 88
SETTLEMENT OFFER NO. R4-2024-0018; OFFER TO PARTICIPATE IN THE
EXPEDITED PAYMENT PROGRAM RELATING TO VIOLATIONS OF WASTE
DISCHARGE REQUIREMENTS AND NATIONAL POLLUTANT DISCHARGE
ELIMINATION SYSTEM (NPDES) PERMIT FOR MUNICIPAL SEPARATE STORM
SEWER SYSTEM (MS4) DISCHARGES FOR CITY OF RANCHO PALOS VERDES,
30940 HAWTHORNE BOULEVARD, RANCHO PALOS VERDES; LOS ANGELES
COUNTY, P.O. BOX 1460, ALHAMBRA; CITY OF ROLLING HILLS, 2 PORTUGUESE
BEND ROAD, ROLLING HILLS; CITY OF ROLLING HILLS ESTATES, 4045 PALOS
VERDES DRIVE, NORTH ROLLING HIILLS ESTATES, CALIFORNIA; NPDES PERMIT
NO. CAS004004; WDIDs 4 19M1000148 4 19M1000133, 4 19M1000150, 4 19M1000151
Dear City of Rancho Palos Verdes, Los Angeles County, City of Rolling Hills and City of
Rolling Hills Estates:
This letter is to notify the City of Rancho Palos Verdes, Los Angeles County, the City of
Rolling Hills and the City of Rolling Hills Estates (each individually a “Permittee” and
collectively the “Permittees”) of alleged violations of the Regional Phase I MS4 NPDES
Permit, Order No. R4-2021-0105 (MS4 Permit) identified in the Permittees’ monitoring
reports and to allow the Permittees an opportunity to participate in the Los Angeles
Regional Water Quality Control Board’s (Los Angeles Water Board’s) Expedited Payment
Program for Waste Discharge Violations (Expedited Payment Program) to resolve
229
- 2 - R4-2024-0018 January 10, 2024
mandatory minimum penalties that must be assessed pursuant to California Water Code
(Water Code) section 13385. The Permittees are encouraged to work together and
designate a lead agent that will provide a response to this conditional offer no later than
February 9, 2024.
NOTICE OF VIOLATION:
The Permittees have commingled MS4 discharges to a receiving water and are jointly
responsible for meeting MS4 Permit requirements. (MS4 Permit section X.D.1.)
Compliance at the outfall discharging to the receiving water was determined for the
Permittees as a whole in accordance with MS4 Permit section X.D.2.
Based on information the Permittees submitted to the Los Angeles Water Board for the
2021-2022 Reporting Year and in the June 15, 2023 semi-annual submittal, and each
Permittee’s selected compliance option(s) and TMDL compliance point(s) as identified in
Table 1 and Table 2 of Exhibit 2 (attached), Los Angeles Water Board enforcement staff
alleges that the Permittees have violated the MS4 Permit’s Water Quality-Based Effluent
Limitations (WQBELs) for RHE City Hall as identified in Exhibit 1, which is attached and
incorporated by reference. The Permittees have the opportunity to address the alleged
violations as discussed below.
STATUTORY LIABILITY:
Water Code sections 13385, subdivisions (h) and (i), and 13385.1 require the assessment
of a mandatory minimum penalty of three thousand dollars ($3,000) for specified serious
and chronic effluent limit violations. Water Code section 13385, subdivision (c) allows for
discretionary administrative civil liability of up to ten-thousand dollars ($10,000) for each
day in which the violation occurs, and ten dollars ($10) for each gallon discharged but not
cleaned up in excess of 1,000 gallons. If referred to the Attorney General for judicial
enforcement, the Superior Court may assess up to twenty-five thousand dollars ($25,000)
for each day in which the violation occurs, and twenty-five dollars ($25) per gallon
discharged but not cleaned up in excess of 1,000 gallons.
Water Code section 13385, subdivision (h)(1) requires the Los Angeles Water Board to
assess a mandatory minimum penalty of three-thousand dollars ($3,000) for each serious
violation. Pursuant to Water Code section 13385, subdivision (h)(2), a “serious violation”
is defined as any waste discharge that violates the effluent limitations contained in the
applicable waste discharge requirements for a Group II pollutant by 20 percent or more,
or for a Group I pollutant by 40 percent or more. Appendix A of 40 CFR section 123.45
specifies the Group I and II pollutants.
Water Code section 13385, subdivision (i) requires the Los Angeles Water Board to
assess a mandatory minimum penalty of three-thousand dollars ($3,000) for each
chronic violation. A “chronic violation” occurs when there are three preceding effluent
limitation violations (serious or non-serious) within a 180-day period. The fourth and any
subsequent non-serious effluent limitation violation that occurs within the 180-day
230
- 3 - R4-2024-0018 January 10, 2024
period is subject to a mandatory minimum penalty. (See Water Code, § 13385, subd. (i)
which identifies all violation types that can be counted as a chronic violation subject to a
mandatory minimum penalty.)
Pursuant to Water Code section 13385.1, subdivision (d), for the purposes of Water Code
sections 13385.1 and 13385, subdivisions (h) and (i), “effluent limitation” means a
numeric restriction or a numerically expressed narrative restriction, on the quantity,
discharge rate, concentration, or toxicity units of a pollutant or pollutants that may be
discharged from an authorized location. An effluent limitation may be final or interim and
may be expressed as a prohibition. An effluent limitation, for these purposes, does not
include a receiving water limitation, a compliance schedule, or a best management
practice. Unlike Water Code section 13385, subdivision (c), where violations of effluent
limitations may be assessed administrative civil liability on a per day basis, the mandatory
minimum penalty provisions identified above require the Los Angeles Water Board to
assess a mandatory minimum penalty for “each violation” of an effluent limitation.
OFFER TO PARTICIPATE IN EXPEDITED PAYMENT PROGRAM:
The Permittees can avoid the issuance of a formal enforcement action seeking
discretionary liability and settle the alleged violations identified in the attached Exhibit 1
by participating in the Los Angeles Water Board’s Expedited Payment Program and
agreeing to pay the mandatory minimum penalty associated with the violations. Details of
the proposed settlement are described below and addressed in the enclosed documents.
To promote the resolution of the alleged violations, the Los Angeles Water Board makes
this conditional offer. The Permittees may accept this offer, waive the Permittees’ right to
a hearing, and pay the mandatory minimum penalty of $69,000 for the violations
described in Exhibit 1.
If the Permittees elect to do so, subject to the conditions below, the Los Angeles Water
Board will accept that payment in settlement of any enforcement action that could be
brought for the violations identified in Exhibit 1, will forego issuance of a formal
administrative complaint for those violations, will not refer the violations to the Attorney
General, and will waive its right to seek additional discretionary civil liability for the
violations identified in Exhibit 1.
The Expedited Payment Program does not address or resolve liability for any violation
that is not specifically identified in Exhibit 1 regardless of the date that the violation
occurred.
PERMITTEES’ OPTIONS FOR RESPONSE TO OFFER:
To accept this offer, at least one Permittee must complete and return the enclosed
“Acceptance of Conditional Resolution and Waiver of Right to Hearing; (Proposed) Order”
(Acceptance and Waiver) on or before February 9, 2024. A Permittee’s submission of the
Acceptance and Waiver and payment of the mandatory minimum penalty amount in no
way prohibits that Permittee from seeking contribution and/or payment of that liability
231
- 4 - R4-2024-0018 January 10, 2024
directly from other Permittees that were responsible in whole or in part for the
exceedances. (See MS4 Permit section X.B.2 [explaining how a Permittee can
demonstrate its discharge did not cause or contribute to an exceedance of an applicable
WQBEL].)
If the Permittees choose to contest any of the violations alleged in Exhibit 1, please
identify the specific violation and the basis for the challenge (e.g., factual error,
affirmative defense, etc.) on or before February 9, 2024.
Responses contesting any of the violations alleged in Exhibit 1 shall be submitted as a
pdf via email to Emma Averill (emma.averill@waterboards.ca.gov), with a follow-up call
to (213) 620-6369 to confirm reciept, and submitted by the Permittees, or the Permittees’
lead agent, with a cover letter stating that the information is submitted under penalty of
perjury.
Los Angeles Water Board staff will evaluate the contested violation and take one of two
actions:
1) Los Angeles Water Board staff may determine that the violation is not supported
and take no further action against the Permittees for the alleged violation and notify
the Permittees of that determination. The Permittees will be given thirty (30) days
from the date of receipt of the Los Angeles Water Board staff determination to
complete and return the Acceptance and Waiver for the remainder of the violations;
or
2) Los Angeles Water Board staff may determine that the alleged violation is
meritorious and will notify the Permittees of that determination. The Permittees
will be given thirty (30) days from the date of the receipt of the Los Angeles Water
Board staff determination to complete and return the Acceptance and Waiver.
If the Permittees do not respond by taking one of the two actions above, the Permittee
should expect to be contacted regarding a formal enforcement action that will be initiated
regarding the violations alleged in Exhibit 1. In a formal enforcement action, the liability
amount sought and/or imposed may exceed the liability amount set forth in this
conditional offer. Moreover, the cost of enforcement is a factor that can be considered
in assessing the liability amount.
CONDITIONS FOR LOS ANGELES WATER BOARD ACCEPTANCE OF
RESOLUTION:
Federal regulations require the Los Angeles Water Board to publish and allow the public
thirty (30) days to comment on any settlement of an enforcement action addressing
NPDES permit violations (40 C.F.R. section 123.27(d)(2)(iii)). Upon acceptance of this
conditional offer and receipt of at least one Permittee’s Acceptance and Waiver, Los
Angeles Water Board staff will publish a notice of the proposed resolution of the
violations.
232
233
January 10, 2024 R4-2024-0018
ACCEPTANCE OF CONDITIONAL RESOLUTION
AND WAIVER OF RIGHT TO HEARING; (PROPOSED) ORDER
City of Rancho Palos Verdes, Los Angeles County, City of Rolling Hills, City of Rolling
Hills Estates
Settlement Offer No. R4-2024-0018
WDID No. 4 19M1000148 4 19M1000133, 4 19M1000150, 4 19M1000151
By signing below and returning this Acceptance of Conditional Resolution and Waiver of
Right to Hearing (Acceptance and Waiver) to the Los Angeles Regional Water Quality
Control Board (Los Angeles Water Board), the City of Rancho Palos Verdes, Los Angeles
County, the City of Rolling Hills, and/or the City Rolling Hills Estates (each individually a
“Permittee” and collectively the “Permittees”) hereby accepts the “Offer to Participate in
the Expedited Payment Program” and waives the right to a hearing before the Los
Angeles Water Board to dispute the alleged violations described in Exhibit 1, which is
incorporated herein by reference.
Because the Permittees are jointly responsible for meeting permit requirements, at least
one Permittee must sign and return this Acceptance and Waiver. The Permittee that signs
this Acceptance and Waiver agrees that Exhibit 1 shall serve as a complaint pursuant to
Article 2.5 of the California Water Code (Water Code) and that no separate complaint is
required for the Los Angeles Water Board to assert jurisdiction over the alleged violations
through its Chief Prosecutor. Permittee further agrees to pay the penalties required by
Water Code section 13385 in the sum of $69,000 (Expedited Payment Amount) which
shall be deemed a payment in full of any civil liability pursuant to Water Code section
13385 that otherwise might be assessed for the violations described in Exhibit 1.
Permittee understands that this Acceptance and Waiver waives its right to contest the
allegations in Exhibit 1 and the assessment of civil liability for such violations.
Permittee understands that this Acceptance and Waiver does not address or resolve
liability for any violation that is not specifically identified in Exhibit 1.
Upon execution by Permittee, the completed Acceptance and Waiver shall be returned
to:
Emma Averill, Enforcement II Unit
Expedited Payment Program
Los Angeles Regional Water Quality Control Board
320 West 4th Street, Suite 200
Los Angeles, CA 90013
Permittee understands that federal regulations set forth by title 40, Code of Federal
Regulations, section 123.27(d)(2)(iii) require the Los Angeles Water Board to publish
notice of and provide at least thirty (30) days for public comment on any proposed
resolution of this enforcement action. Accordingly, the Acceptance and Waiver, prior to
execution by the Los Angeles Water Board Executive Officer, will be published as
234
January 10, 2024 R4-2024-0018
required by law for public comment.
If no significant comments are received within the notice period, the Acceptance and
Waiver will be presented to the Los Angeles Water Board Executive Officer for approval.
Permittee understands that if significant comments are received, the Los Angeles Water
Board Prosecution Team may withdraw the offer. In that circumstance, Permittees will be
advised of the withdrawal and an administrative civil liability complaint may be issued and
the matter may be set for a hearing before the Los Angeles Water Board. For such a
liability hearing, Permittee understands that this Acceptance and Waiver executed by
Permittee will not be used as evidence in that hearing.
Permittee further understands that once the Acceptance and Waiver is executed by the
Los Angeles Water Board Executive Officer, Permittee is then legally bound to tender the
full payment required by the deadline set forth below. In accordance with Water Code
section 13385, subdivision (n)(1), funds collected for violations of effluent limitations and
reporting requirements pursuant to Water Code section 13385 shall be deposited in the
State Water Pollution Cleanup and Abatement Account. Accordingly, the $69,000 liability
shall be paid by a cashier’s or certified check made out to the “State Water Pollution
Cleanup and Abatement Account” and reference [R4-2024-0018]. The payment must be
submitted to the State Water Resources Control Board at the address set forth below no
later than thirty (30) calendar days after the date the Acceptance and Waiver is executed
by the Los Angeles Water Board Executive Officer.
A Permittee’s submission of this Acceptance and Waiver and payment of the mandatory
minimum penalty amount in no way prohibits that Permittee from seeking contribution
and/or payment of that liability directly from other Permittees that were responsible in
whole or in part for the exceedances.
Please mail the check to:
State Water Resources Control Board
ATTN: ACL PAYMENT
Division of Administrative Services, Accounting Branch
P.O. Box 1888
Sacramento, California 95812-1888
I hereby affirm that I am duly authorized to act on behalf of and to bind the Permittee in
the making and giving of this Acceptance and Waiver.
City of Rancho Palos Verdes
By: _________________________ _______________
(Signed Name) (Date)
________________________ _______________
(Printed or Typed Name) (Title)
235
January 10, 2024 R4-2024-0018
Los Angeles County
By: _________________________ _______________
(Signed Name) (Date)
________________________ _______________
(Printed or Typed Name) (Title)
City of Rolling Hills
By: _________________________ _______________
(Signed Name) (Date)
________________________ _______________
(Printed or Typed Name) (Title)
City of Rolling Hills Estates
By: _________________________ _______________
(Signed Name) (Date)
________________________ _______________
(Printed or Typed Name) (Title)
IT IS SO ORDERED PURSUANT TO WATER CODE SECTION 13323 AND
GOVERNMENT CODE SECTION 11415.60
By: _________________________ _______________
Susanna Arredondo Date
Executive Officer
236
Machado Lake Nutrients TMDL Violations
Stations RHE City Hall
Total Penalty $69,000
Nutrients Exceedance Data
Permittee Address
Rancho Palos Verdes (4 19M1000148) 30940 Hawthorne Boulevard Rancho Palos Verdes, CA 90275
County of Los Angeles (4 19M1000133) 900 South Fremont Avenue Alhambra, CA 91803
Rolling Hills (4 19M1000150) 2 Portuguese Bend Road Rolling Hills, CA 90274
Rolling Hills Estates (4 19M1000151) 4045 Palos Verdes Drive North Rolling Hills Estates, CA 90274
Station Code Sample Date Analyte Name Unit Monthly Avg WQBEL Serious Chronic
RHECityHall 9/15/2021Total Phosphate mg/L 0.23 0.10 $3,000
RHECityHall 10/25/2021Total Phosphate mg/L 0.32 0.10 $3,000
RHECityHall 10/25/2021Total Nitrogen mg/L 2.3 1.0 $3,000
RHECityHall 11/12/2021Total Phosphate mg/L 0.13 0.10 $3,000
RHECityHall 12/1/2021Total Phosphate mg/L 0.32 0.10 $3,000
RHECityHall 12/14/2021Total Nitrogen mg/L 2.5 1.0 $3,000
RHECityHall 1/5/2022Total Nitrogen mg/L 2.0 1.0 $3,000
RHECityHall 1/5/2022Total Phosphate mg/L 0.22 0.10 $3,000
RHECityHall 2/2/2022Total Nitrogen mg/L 1.2 1.0 $3,000
RHECityHall 3/2/2022Total Phosphate mg/L 0.32 0.10 $3,000
RHECityHall 3/2/2022Total Nitrogen mg/L 2.3 1.0 $3,000
RHECityHall 6/1/2022Total Nitrogen mg/L 1.6 1.0 $3,000
RHECityHall 6/1/2022Total Phosphate mg/L 0.11 0.10 $3,000
RHECityHall 7/21/2022Total Nitrogen mg/L 1.1 1.0 $3,000
RHECityHall 7/21/2022Total Phosphate mg/L 0.32 0.10 $3,000
RHECityHall 8/3/2022Total Nitrogen mg/L 1.1 1.0 $3,000
RHECityHall 8/3/2022Total Phosphate mg/L 0.34 0.10 $3,000
RHECityHall 9/7/2022Total Phosphate mg/L 0.24 0.10 $3,000
RHECityHall 10/3/2022Total Phosphate mg/L 0.16 0.10 $3,000
RHECityHall 11/1/2022Total Nitrogen mg/L 1.8 1.0 $3,000
RHECityHall 11/1/2022Total Phosphate mg/L 0.24 0.10 $3,000
RHECityHall 12/1/2022Total Nitrogen mg/L 1.9 1.0 $3,000
RHECityHall 12/1/2022Total Phosphate mg/L 0.30 0.10 $3,000
Page 1 of 1 237
Exhibit 2: Machado Lake TMDL
Permittees and Compliance Points
Table 1: Permittee, Selected Compliance Option, and Coordinated Integrated Monitoring Program (CIMP)
Permittee
(Permit Attach J,
Table J-9)
Nutrients
TMDL
Compliance
Option
Toxics TMDL
Compliance
Option
Coordinated
Integrated
Monitoring
Program (CIMP)
Reference for Compliance Option and CIMP
(document and page)
Carson WQBEL WQBEL Dominguez Channel
Permit Parts X.A.1 and X.B.2.a (p. 92-93)
Permit Parts X.A.1 and X.B.2.a (p. 92-93)
Nutrient TMDL:
Permit Attachment P, Part IV.B (p. P-8)
Permit Atachment P, Part IV.B (p. P-8)
Toxics TMDL:
Permit Attachment P, Parts V.B -C (p. P-9 – P-10)
Permit Atachment P, Parts V.B-C (p. P-9 - P-10)
Lomita WQBEL WQBEL Dominguez Channel
Permit Parts X.A.1 and X.B.2.a (p. 92-93)
Permit Parts X.A.1 and X.B.2.a (p. 92-93)
Nutrient TMDL:
Permit Attachment P, Part IV.B (p. P-8)
Permit Atachment P, Part IV.B (p. P-8)
Toxics TMDL:
Permit Attachment P, Parts V.B-C (p. P-9 – P-10)
Permit Atachment P, Parts V.B-C (p. P-9 - P-10)
Los Angeles (City
of)1
Receiving
Water
Limitations WQBEL Dominguez Channel
Permit Parts X.A.1 and X.B.2.a (p. 92-93)
Permit Parts X.A.1 and X.B.2.a (p. 92-93)
1 The City of Los Angeles (City) is not included in the calcula�on of the mandatory minimum penal�es (MMPs) for exceedances of the Machado Lake Nutrients
TMDL-based effluent limits because the City is subject to Receiving Water Limits and not ou�all based effluent limits. MMPs apply only for effluent limits where
the compliance point is the ou�all.
238
Permittee
(Permit Attach J,
Table J-9)
Nutrients
TMDL
Compliance
Option
Toxics TMDL
Compliance
Option
Coordinated
Integrated
Monitoring
Program (CIMP)
Reference for Compliance Option and CIMP
(document and page)
Nutrient TMDL:
Permit Attachment P, Part IV.C.1 (p. P-8)
Permit Atachment P, Part IV.B (p. P-8)
Toxics TMDL:
Permit Attachment P, Parts V.B -C (p. P-9 – P-10)
Permit Atachment P, Parts V.B-C (p. P-9 - P-10)
Los Angeles
(County of) WQBEL WQBEL
Palos Verdes
Peninsula
Dominguez Channel
Permit Parts X.A.1 and X.B.2.a (p. 92-93)
Permit Parts X.A.1 and X.B.2.a (p. 92-93)
Nutrient TMDL:
Permit Attachment P, Part IV.B (p. P-8)
Permit Atachment P, Part IV.B (p. P-8)
Toxics TMDL:
Permit Attachment P, Parts V.B-C (p. P-9 – P-10)
Permit Atachment P, Parts V.B-C (p. P-9 - P-10)
Los Angeles County
Flood Control
District WQBEL WQBEL
Palos Verdes
Peninsula
Dominguez Channel
Beach Cities
Permit Parts X.A.1 and X.B.2.a (p. 92-93)
Permit Parts X.A.1 and X.B.2.a (p. 92-93)
Nutrient TMDL:
Permit Attachment P, Part IV.B (p. P-8)
Permit Atachment P, Part IV.B (p. P-8)
Toxics TMDL:
Permit Attachment P, Parts V.B-C (p. P-9 – P-10)
Permit Atachment P, Parts V.B-C (p. P-9 - P-10)
Palos Verdes
Estates WQBEL WQBEL
Palos Verdes
Peninsula
Permit Parts X.A.1 and X.B.2.a (p. 92-93)
Permit Parts X.A.1 and X.B.2.a (p. 92-93)
Nutrient TMDL:
Permit Attachment P, Part IV.B (p. P-8)
239
Permittee
(Permit Attach J,
Table J-9)
Nutrients
TMDL
Compliance
Option
Toxics TMDL
Compliance
Option
Coordinated
Integrated
Monitoring
Program (CIMP)
Reference for Compliance Option and CIMP
(document and page)
Permit Atachment P, Part IV.B (p. P-8)
Toxics TMDL:
Permit Attachment P, Parts V.B -C (p. P-9 – P-10)
Permit Atachment P, Parts V.B-C (p. P-9 - P-10)
Rancho Palos
Verdes WQBEL WQBEL
Palos Verdes
Peninsula
Permit Parts X.A.1 and X.B.2.a (p. 92-93)
Permit Parts X.A.1 and X.B.2.a (p. 92-93)
Nutrient TMDL:
Permit Attachment P, Part IV.B (p. P-8)
Permit Atachment P, Part IV.B (p. P-8)
Toxics TMDL:
Permit Attachment P, Parts V.B-C (p. P-9 – P-10)
Permit Atachment P, Parts V.B-C (p. P-9 - P-10)
Redondo Beach 2 WQBEL WQBEL Beach Cities
Permit Parts X.A.1 and X.B.2.a (p. 92-93)
Permit Parts X.A.1 and X.B.2.a (p. 92-93)
Nutrient TMDL:
Permit Attachment P, Part IV.B (p. P-8)
Permit Atachment P, Part IV.B (p. P-8)
Toxics TMDL:
Permit Attachment P, Parts V.B-C (p. P-9 – P-10)
Permit Atachment P, Parts V.B-C (p. P-9 - P-10)
Rolling Hills WQBEL WQBEL
Palos Verdes
Peninsula
Permit Parts X.A.1 and X.B.2.a (p. 92-93)
Permit Parts X.A.1 and X.B.2.a (p. 92-93)
Nutrient TMDL:
2 City of Redondo Beach (City) is not included in the calcula�on of the MMP for exceedances of the Machado Lake Nutrients TMDL-based effluent limits
because there are no compliance points within the City’s jurisdic�onal area.
240
Permittee
(Permit Attach J,
Table J-9)
Nutrients
TMDL
Compliance
Option
Toxics TMDL
Compliance
Option
Coordinated
Integrated
Monitoring
Program (CIMP)
Reference for Compliance Option and CIMP
(document and page)
Permit Attachment P, Part IV.B (p. P-8)
Permit Atachment P, Part IV.B (p. P-8)
Toxics TMDL:
Permit Attachment P, Parts V.B-C (p. P-9 – P-10)
Permit Atachment P, Parts V.B-C (p. P-9 - P-10)
Rolling Hills Estates WQBEL WQBEL
Palos Verdes
Peninsula
Permit Parts X.A.1 and X.B.2.a (p. 92-93)
Permit Parts X.A.1 and X.B.2.a (p. 92-93)
Nutrient TMDL:
Permit Attachment P, Part IV.B (p. P-8)
Permit Atachment P, Part IV.B (p. P-8)
Toxics TMDL:
Permit Attachment P, Parts V.B-C (p. P-9 – P-10)
Permit Atachment P, Parts V.B-C (p. P-9 - P-10)
Torrance3
Mass-Based
WQBEL WQBEL Beach Cities
Permit Parts X.A.1 and X.B.2.a (p. 92-93)
Permit Parts X.A.1 and X.B.2.a (p. 92-93)
Nutrient TMDL:
Permit Attachment P, Part IV.C.2.b (p. P-9)
Permit Atachment P, Part IV.C.2.b (p. P-9)
Toxics TMDL:
Permit Attachment P, Parts V.B-C (p. P-9 – P-10)
Permit Atachment P, Parts V.B-C (p. P-9 - P-10)
3 City of Torrance (City) is not included in the calcula�on of the MMPs for exceedances of the Machado Lake Nutrients TMDL-based effluent limits because the
City is in compliance with their mass based effluent limits.
241
Table 2: Permittees and TMDL Compliance Points
Permittee
Nutrient TMDL
Compliance Points
Toxics TMDL
Compliance Points
Reference for Nutrient and Toxics Compliance Points
(document and page)
Carson Outfall 4 (DOM-OF-004) Outfall 4 (DOM-OF-004)
Dominguez Channel CIMP (dated April 18, 2016)
Attachment B, Page Title “DOM-OF-004"
Dominguez Channel CIMP (dated April 18, 2016) Atachment B,
Page Title "DOM OF 004"
Lomita
P-77, P-510,
Outfall 4 (DOM-OF-004)
P-77, P-510,
Outfall 4 (DOM-OF-004)
Dominguez Channel CIMP (dated April 18, 2016)
Attachment B, Page Titles “P-77”, “P-510”, and
“DOM-OF-004"
Dominguez Channel CIMP (dated April 18, 2016) Atachment B,
Page Title "P-77"
Dominguez Channel CIMP (dated April 18, 2016) Atachment B,
Page Titles “P-510"
Dominguez Channel CIMP (dated April 18, 2016) Atachment B,
Page Title "DOM OF 004"
Los Angeles (City of)
ML-1 and ML-2
P-77, P-510,
Outfall 4 (DOM-OF-004)
Dominguez Channel CIMP (dated April 18, 2016)
Attachment B, Page Titles “ML-1”, “ML-2”, “ML-
3”, “P-77”, “P-510”, and “DOM-OF-004"
Domiguez Channel CIMP (dated April 18, 2016) Atachment B,
Page Title "ML-1"
Domiguez Channel CIMP (dated April 18, 2016) Atachment B,
Page Title "ML-2"
Domiguez Channel CIMP (dated April 18, 2016) Atachment B,
Page Title "ML-3"
Dominguez Channel CIMP (dated April 18, 2016) Atachment B,
Page Title "P-77"
242
Permittee
Nutrient TMDL
Compliance Points
Toxics TMDL
Compliance Points
Reference for Nutrient and Toxics Compliance Points
(document and page)
Dominguez Channel CIMP (dated April 18, 2016) Atachment B,
Page Titles “P-510"
Dominguez Channel CIMP (dated April 18, 2016) Atachment B,
Page Title "DOM OF 004"
Los Angeles (County of)
Outfall 4 (DOM-OF-
004),
RHE City Hall Outfall 4 (DOM-OF-004)
Nutrients: Palos Verdes CIMP (dated Feb 2, 2016)
Appendix C in Appendix H, p. 48; and Dominguez
Channel CIMP (dated April 18, 2016) Attachment
B, Page Title “DOM-OF-004"
Nutrients: Palos Verdes CIMP (dated Feb 2, 2016) Appendix C
in Appendix H page 48
Dominguez Channel CIMP (dated April 18, 2016) Atachment B,
Page Title "DOM OF 004"
Toxics : Dominguez Channel CIMP (dated April
18, 2016) Attachment B, Page Title “DOM-OF-
004"
Dominguez Channel CIMP (dated April 18, 2016) Atachment B,
Page Title "DOM OF 004"
Los Angeles County
Flood Control District
Tor -S-1 through S-6,
P-77, P-510,
Outfall 4 (DOM-OF-004)
P-77, P-510,
Outfall 4 (DOM-OF-004)
Nutrients: Beach Cities CIMP (dated July 2018,
received Nov 29, 2018) Appendix B, Table 8 p. 18
and Figure 1 titled “Site Location Map”; and
Dominguez Channel CIMP (dated April 18, 2016)
Attachment B, Page Title “DOM-OF-004"
Nutrients: Beach Ci�es CIMP (dated July 2018, received Nov
29, 2018) Appendix B, Table 8-page 18
Nutrients: Beach Ci�es CIMP (dated July 2018, received Nov
29, 2018) Appendix B, Figure 1 �tled "Site Loca�on Map"
243
Permittee
Nutrient TMDL
Compliance Points
Toxics TMDL
Compliance Points
Reference for Nutrient and Toxics Compliance Points
(document and page)
Dominguez Channel CIMP (dated April 18, 2016) Atachment B,
Page Title "DOM OF 004"
Toxics: Dominguez Channel CIMP (dated April
18, 2016) Attachment B, Page Titles “P-77”, “P-
510”, and “DOM-OF-004"
Dominguez Channel CIMP (dated April 18, 2016) Atachment B,
Page Title "P-77"
Dominguez Channel CIMP (dated April 18, 2016) Atachment B,
Page Titles “P-510"
Dominguez Channel CIMP (dated April 18, 2016) Atachment B,
Page Title "DOM OF 004"
Palos Verdes Estates
Solano
Valmonte Outfall 4 (DOM-OF-004)
Nutrients: Palos Verdes CIMP (dated Feb 2, 2016)
Appendix C in Appendix H, p. 47.
Nutrients: Palos Verdes CIMP (dated Feb 2, 2016) Appendix C
in Appendix H page 47
Toxics : Dominguez Channel CIMP (dated April
18, 2016) Attachment B, Page Title “DOM-OF-
004"
Dominguez Channel CIMP (dated April 18, 2016) Atachment B,
Page Title "DOM OF 004"
Rancho Palos Verdes
Valmonte
RHE City Hall
P-77, P-510,
Outfall 4 (DOM-OF-004)
Nutrients: Palos Verdes CIMP (dated Feb 2, 2016)
Appendix C in Appendix H, p. 47-48.
Nutrients: Palos Verdes CIMP (dated Feb 2, 2016) Appendix C
in Appendix H page 47
244
Permittee
Nutrient TMDL
Compliance Points
Toxics TMDL
Compliance Points
Reference for Nutrient and Toxics Compliance Points
(document and page)
Toxics : Dominguez Channel CIMP (dated April
18, 2016) Attachment B, Page Titles “P-77”, “P-
510”, and “DOM-OF-004"
Dominguez Channel CIMP (dated April 18, 2016) Atachment B,
Page Title "P-77"
Dominguez Channel CIMP (dated April 18, 2016) Atachment B,
Page Titles “P-510"
Dominguez Channel CIMP (dated April 18, 2016) Atachment B,
Page Title "DOM OF 004"
Redondo Beach 4 Outfall 4 (DOM-OF-004)
Toxics: Dominguez Channel CIMP (dated April
18, 2016) Attachment B, Page Title “DOM-OF-
004"
Dominguez Channel CIMP (dated April 18, 2016) Atachment B,
Page Title "DOM OF 004"
Rolling Hills
Lariat
RHE City Hall
P-77
Outfall 4 (DOM-OF-004)
Nutrients: Palos Verdes CIMP (dated Feb 2, 2016)
Appendix C in Appendix H, p. 48.
Nutrients: Palos Verdes CIMP (dated Feb 2, 2016) Appendix C
in Appendix H page 48
Toxics : Dominguez Channel CIMP (dated April
18, 2016) Attachment B, Page Titles “P-77” and
“DOM-OF-004"
Dominguez Channel CIMP (dated April 18, 2016) Atachment B,
Page Title "P-77"
4 City of Redondo Beach (City) is not included in the calcula�on of the MMP for exceedances of the Machado Lake Toxics TMDL-based effluent limits because
the area of the City within the Machado Lake Watershed is rela�vely small (0.94 acres) and there are no MS4s within this area.
245
Permittee
Nutrient TMDL
Compliance Points
Toxics TMDL
Compliance Points
Reference for Nutrient and Toxics Compliance Points
(document and page)
Dominguez Channel CIMP (dated April 18, 2016) Atachment B,
Page Title "DOM OF 004"
Rolling Hills Estates
RHE City Hall
Lariat
Valmonte
P-77
Outfall 4 (DOM-OF-004)
Nutrients: Palos Verdes CIMP (dated Feb 2, 2016)
Appendix C in Appendix H, p. 47-48.
Nutrients: Palos Verdes CIMP (dated Feb 2, 2016) Appendix C
in Appendix H page 47
Toxics : Dominguez Channel CIMP (dated April
18, 2016) Attachment B, Page Titles “P-77” and
“DOM-OF-004"
Dominguez Channel CIMP (dated April 18, 2016) Atachment B,
Page Title "P-77"
Dominguez Channel CIMP (dated April 18, 2016) Atachment B,
Page Title "DOM OF 004"
Torrance
Tor -S-1 through S-6
Tor S -7 through S-9
P-77
Outfall 4 (DOM-OF-004)
Nutrients: Beach Cities CIMP (dated July 2018,
received Nov 29, 2018) Appendix B, Table 8 p. 18
and Figure 1.
Nutrients: Beach Ci�es CIMP (dated July 2018, received Nov
29, 2018) Appendix B, Table 8-page 18
Nutrients: Beach Ci�es CIMP (dated July 2018, received Nov
29, 2018) Appendix B, Figure 1 �tled "Site Loca�on Map"
Toxics: Dominguez Channel CIMP (dated April
18, 2016) Attachment B, Page Titles “P-77” and
“DOM-OF-004"
Dominguez Channel CIMP (dated April 18, 2016) Atachment B,
Page Title "P-77"
246
Permittee
Nutrient TMDL
Compliance Points
Toxics TMDL
Compliance Points
Reference for Nutrient and Toxics Compliance Points
(document and page)
Dominguez Channel CIMP (dated April 18, 2016) Atachment B,
Page Title "DOM OF 004"
247
Agenda Item No.: 16.B
Mtg. Date: 03/11/2024
TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM:CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO
CITY MANAGER
THRU:KARINA BAÑALES, CITY MANAGER
SUBJECT:CONFERENCE WITH LEGAL COUNSEL: ANTICIPATED LITIGATION -
(PARAGRAPH (2) OF SUBDIVISION (D) AND PARAGRAPH (2) OF
SUBDIVISION (E) OF GOVERNMENT CODE SECTION 54956.9) THE
CITY FINDS, BASED ON ADVICE FROM LEGAL COUNSEL, THAT
DISCUSSION IN OPEN SESSION WILL PREJUDICE THE CITY IN THE
LITIGATION. SIGNIFICANT EXPOSURE TO CIVIL LITIGATION (1
POTENTIAL CASE) – THREAT OF LITIGATION FROM RESIDENTS IN
AND AROUND THE FLYING TRIANGLE MADE TO CITY OFFICIALS
AND THE CITY MANAGER R EGARDING THE THREAT OF A
LANDSLIDE DUE TO INCREASED RAIN EVENTS AND WATER
DRAINAGE IN THE AREA.
DATE:March 11, 2024
BACKGROUND:
None.
DISCUSSION:
None.
FISCAL IMPACT:
None.
RECOMMENDATION:
None.
ATTACHMENTS:
248